So it was _Resolved_, That this bill pass.[29]

MONDAY, February 10.

The Senate resumed, as in Committee of the Whole, the consideration of

the amendments reported to the bill to suspend the commercial intercourse

between the United States and the French island of St. Domingo; and,

having amended the report, it was in part adopted, and the bill was

reported to the House accordingly; and the bill having been further

amended,

_Ordered_, That it pass to the third reading as amended.

A message from the House of Representatives informed the Senate that

the House have passed a bill, entitled “An act declaring the assent

of Congress to an act of the General Assembly of the State of North

Carolina;” a bill, entitled “An act declaring the consent of Congress

to an act of the State of South Carolina, passed on the 21st day of

December, 1804, so far as the same relates to authorizing the City

Council of Charleston to impose and collect a duty on the tonnage

of vessels from foreign ports;” also, a bill, entitled “An act to

regulate and fix the compensation of officers of the Senate and House

of Representatives;” in which bills they desire the concurrence of the

Senate.

The bills brought up for consideration were read, and ordered to the

second reading.

Mr. WRIGHT, from the committee to whom was referred, on the 31st of

January last, the bill for the protection and indemnification of American

seamen, reported it without amendment.

Mr. THRUSTON, from the committee to whom was referred, on the 5th

instant, the bill, entitled “An act for altering the time for holding the

circuit court in the district of North Carolina,” reported the bill with

amendments; which were read, and ordered to lie for consideration.

WEDNESDAY, February 12.

_British Aggressions._

The Senate resumed the report of the committee, of the fifth instant, on

that part of the Message of the President of the United States, which

relates to the spoliation of our commerce on the high seas, and of the

new principles assumed by the British Courts of Admiralty, as a pretext

for the condemnation of our vessels, in their prize courts, to wit:

1. _Resolved_, That the capture and condemnation, under the

orders of the British Government, and adjudications of their

Courts of Admiralty, of American vessels and their cargoes,

on the pretext of their being employed in a trade with the

enemies of Great Britain, prohibited in time of peace, is an

unprovoked aggression upon the property of the citizens of

these United States, a violation of their neutral rights, and

an encroachment upon their national independence.

2. _Resolved_, That the President of the United States be

requested to demand and insist upon the restoration of the

property of their citizens, captured and condemned on the

pretext of its being employed in a trade with the enemies

of Great Britain, prohibited in time of peace; and upon the

indemnification of such American citizens, for their losses

and damages sustained by these captures and condemnations; and

to enter into such arrangements with the British Government,

on this and all other differences subsisting between the

two nations, and particularly respecting the impressment of

American seamen, as may be consistent with the honor and

interests of the United States, and manifest their earnest

desire to obtain for themselves and their citizens, by amicable

negotiation, that justice to which they are entitled.

3. _Resolved_, That it is expedient to prohibit by law the

importation into the United States of any of the following

goods, wares, or merchandise, being the growth, produce,

or manufacture, of the United Kingdom of Great Britain and

Ireland, or the dependencies thereof, that is to say: woollens,

linens, hats, nails, looking glasses, rum, hardwares, slate,

salt, coal, boots, shoes, ribbons, silks, and plated and glass

wares. The said prohibition to commence from the ---- day of

----, unless previously thereto equitable arrangements shall be

made between the two Governments, on the differences subsisting

between them; and to continue until such arrangements shall be

agreed upon and settled.

And, on the question to adopt the first resolution, as reported by the

committee, it was determined unanimously in the affirmative--yeas 28.

THURSDAY, February 13.

_British Aggressions._

The report of the committee, made on the 5th instant, on that part of

the Message of the President of the United States which relates to the

spoliation of our commerce, and of the new principles assumed by the

British Courts of Admiralty, was resumed.

Mr. ISRAEL SMITH said that he was extremely sorry that he could not

bring his mind to assent to the second resolution; because he viewed

it of great importance that there should be unanimity upon a subject of

this nature. He was not opposed to it from any constitutional objection,

arising from a belief that the Senate had no right to give their

advice and consent to the Executive as to the course and conditions

upon which they desired that an accommodation might be brought about;

but he was opposed to it from the peculiar impropriety of so doing,

deduced from the whole circumstances of the case, as it now presented

itself for consideration. It would be recollected by the Senate, that

many of our complaints against the British Government were of long

continuance; that they had been the subject of our pointed and repeated

remonstrances, and in a particular manner, the impressment of American

seamen; that, on a former occasion, they had committed vast spoliations

on our commerce, not under the sanction of the laws of nations, as

their subsequent transactions with our Government have acknowledged;

but under the authority of the particular orders of their Government,

thereby subjecting the property of our merchants upon the high seas,

not only to the restrictions and forfeitures incurred by the law of

nations, but also exposing it to all the vexations and forfeitures

growing out of the caprice of British orders of capture. The late

encroachments on our rights as a neutral nation, and which are now the

subject of consideration, are of a nature similar to those we have

before experienced, and proceed from the same unwarrantable cause; and,

further, are continued in full force and operation at the very moment our

Government is pressing upon their consideration the injustice of their

proceedings, by argument too strong and convincing to admit of doubt. And

how are they answered? By procrastination, and hints that the necessity

of the case is a sufficient justification. The Executive, indignant at

this evasion, and despairing of redress by any further appeal to their

justice and magnanimity, has turned to the National Legislature, and

informed them that what remained to be done on this interesting subject

must rest on the wisdom and firmness of Congress.

Mr. ANDERSON.--Mr. President: In discussing the merits of the resolution

now under consideration, it will be necessary that we keep constantly

in view the great principle of the one which has already passed this

House by a unanimous vote, because this second resolution is predicated

upon the principle of the first. In the first we declare, that the

capture and condemnation, under the orders of the British Government,

and adjudication of their Courts of Admiralty, of American vessels and

their cargoes, on the pretext of their being employed in a trade with the

enemies of Great Britain, prohibited in time of peace, is an unprovoked

aggression upon the property of the citizens of the United States,

a violation of their neutral rights, and an encroachment upon their

national independence.

In order to show that the ground we have taken is correct, I will take

leave to refer to a book (entitled An Examination of the British Doctrine

which subjects to capture a neutral trade, not open in time of peace)

ascribed to a gentleman high in office, who has deservedly acquired great

celebrity in the political world. It will be found that the principle

contended for in the resolution I have cited, obtained as early as the

first rise of regular commerce, and was even reduced to system as early

as 1338. To this doctrine Great Britain acceded by treaty with Sweden,

in 1655, and afterwards, in 1674, she actually claimed and enjoyed the

benefit of a free trade, she being at that time in peace and the Dutch

in war with France. With what kind of pretext can Great Britain pretend

to deprive us of the exercise of the very rights which she herself has

claimed and exercised, upon precisely the same principles? Besides,

those neutral rights have, by constant and very long usage, become the

established law of nations, and have from time to time been ingrafted

into many treaties even where Great Britain was herself a party. Upon

this doctrine, thus sustained, we request the President to demand and

insist upon the restoration of the property of our citizens, captured

and condemned on the pretext of its being employed in a trade with the

enemies of Great Britain, prohibited in time of peace, and upon the

indemnification of such American citizens for their losses and damages

sustained by these captures and condemnations.

It has been objected that the language of this resolution is too strong,

that the words _demand_ and _insist_ go too far; and that the absolute

restoration of our vessels, &c., will, by these words being retained, be

made _sine qua non_ of an accommodation with Great Britain. If, sir, we

were to express ourselves in less forcible language, we should, in my

opinion, subvert our own principles, and recede from the high ground we

have taken, which might eventually radically destroy our neutral rights,

and completely paralyze our commerce.

The words _demand_ and _insist_ are diplomatic, and as such most

proper to be used, and the more so, as they seem to be appropriate to

the principle of the first resolution. But, Mr. President, the latter

part of this resolution, by which indemnification may be made, and new

arrangements entered into with Great Britain, so far ameliorates those

precedent words that the President will possess ample powers, according

to a true exposition of the whole taken together, and he will not, in my

opinion, be trammelled in the manner the gentleman from Ohio conceives.

In settling national differences, it has ever been necessary in some

points to give a little, and in others to take, according to the peculiar

circumstances upon which the negotiation might happen to turn; either

upon a point of national honor, or an interesting point of national

commerce, or both so connected as not well to be severed.

Mr. MITCHELL said he hoped the resolution would be adopted in its full

extent. On this subject he differed wholly from the honorable gentleman

from Vermont, (Mr. ISRAEL SMITH.)

As the proposition recommended to the Senate by the select committee was

now before them in its most broad and extensive sense, he should apply

his remarks to the principle, rather than to the form of the resolution

under debate.

Toward the end of 1803, more than half the articles of the treaty between

our Government and that of Great Britain had ceased. Since that event

commercial intercourse had been carried on by the two nations, under

their respective laws, without any convention or pact between them.

Inconveniences had been experienced in various ways from that time to

the present. An attempt indeed had been made two years ago to remove a

considerable part of them by a repeal of the countervailing duties; but

that effort not corresponding with the feelings of the nation, had been

relinquished.

The war which was rekindled in Europe soon after the expiration of

the temporary articles of the treaty had embarrassed the commerce of

the great maritime powers, and thrown into the hands of neutrals an

extraordinary proportion of the colonial and carrying trade. The citizens

of the United States, among others, had profited by the opportunity, and

engaged extensively in this neutral commerce. But it had been the policy

of Great Britain, the strongest maritime nation among the belligerents,

to interrupt this intercourse of neutrals with the colonies of her

colonies, as if they had been her own colonies. A series of outrageous

proceedings had been the result; such as had excited the most lively

indignation against them from Maine to Georgia, and roused the nation

with one voice to resist and repel them.

Mr. BAYARD.--Mr. President, if there be any objection to the resolution

now before us, it is that it shelters the Executive Government from that

responsibility as to its measures which properly ought to attach to it.

The duty prescribed by the resolution is of an Executive nature, and

the President is charged with the care of those interests for which the

resolution provides. By prescribing a course of conduct to the Executive,

we release that branch of Government from responsibility as to the event,

and take it upon ourselves. But, sir, though I feel this objection, yet

at the present moment it is outweighed by other considerations. The state

of our public affairs is critical, and at such a time I think it becomes

every branch and member of the Government to co-operate with cordiality

and zeal in support of each other, and to strive to do more rather than

less than their respective duty.

The design of this resolution, sir, presents itself to my mind in a very

different point of view from that in which it appears to the gentleman

from Vermont, (Mr. SMITH.) That honorable member is opposed to it,

because he thinks it gives just cause of offence to the President: that

we prescribe to the President a duty which he ought certainly to perform

without our injunction, and of consequence we betray doubts that he will

do what belongs to his office without our interference.

For my part, sir, I do not consider the resolution as intended in any

degree for the President, but as designed for the British Government. I

suppose without the resolution the President would take the course which

it marks out. But we intend to manifest by it, that it is not simply

the opinion of the President that specific redress should be granted

for the wrongs we have suffered, but that it is the concurrent sense of

this branch of the Government, that such redress should be insisted on.

I do not mean that we should be considered as offering an empty menace

to the British cabinet, but a demonstration of the union of different

branches of our Government in demanding satisfaction for the wrongs done

us. Foreign Governments calculate much on our divisions, our union will

disappoint those calculations.

On motion, the Senate now adjourned.

FRIDAY, February 14.

_British Aggressions._

The Senate resumed the consideration of the report of the committee, made

on the 5th instant, on that part of the Message of the President of the

United States which relates to the violation of neutral rights, and the

impressment of American seamen.

The second resolution being still under consideration, as follows:

“2. _Resolved_, That the President of the United States be

requested to _demand and insist upon the restoration of the

property of their citizens, captured, and condemned, on the

pretext of its being employed in a trade with the enemies

of Great Britain, prohibited in time of peace: and upon the

indemnification of such American citizens, for their losses

and damages sustained by those captures and condemnations: and

to_ enter into such arrangements with the British Government,

on this and all other differences subsisting between the two

nations, (and particularly respecting the impressment of

American seamen,) as may be consistent with the honor and

interest of the United States, and manifest their earnest

desire to obtain for themselves and their citizens, by amicable

negotiation, that justice to which they are entitled.”

Mr. WORTHINGTON.--On further consideration of the resolution now before

the Senate I confess I feel more opposed to it, and do believe, on the

whole, it will be best not to pass it in its present form. The resolution

must mean something, or it must mean nothing. It must intend to convey to

the President the opinions and advice of this body, or not to convey it.

Now, sir, if it is intended to convey to the President the opinion and

advice of the Senate, which is certainly my understanding of it, I beg

gentlemen to reflect a little before they adopt it. The advice of this

Senate I trust will never be given to the President without having the

desired effect; and let me add, sir, that from the intimate connection

which exists between this and the Executive branch of the Government,

I must believe that the President would not feel himself justified, nor

would he be willing to take so much responsibility on himself as entirely

to reject it. Sir, I could not justify him if he did. We are equally

responsible with him in our executive capacity, and can we for a moment

believe that he would act contrary to the decided opinion of the Senate,

who can at all times control or defeat him by rejecting a treaty made

contrary to their advice and opinions? What, sir, is the object of the

resolution?

We request the President “to demand and insist upon the restoration

of the property of their citizens, captured and condemned on the

pretext of its being employed in a trade with the enemies of Great

Britain, prohibited in time of peace; and upon the indemnification

of such American citizens for their losses and damages sustained by

these captures and condemnations:” and afterwards “to enter into

such arrangements with the British Government, on this and all other

differences subsisting between the two nations, (and particularly

respecting the impressment of American seamen,) as may be consistent

with the honor and interests of the United States, and manifest their

earnest desire to obtain for themselves and their citizens, by amicable

negotiation, that justice to which they are entitled.”

Mr. ADAIR.--Mr. President, the motion before the Senate is to recommit

the resolution to a special committee. Gentlemen in favor of the

resolution as it stands, have called upon us to point out the alterations

we wish to make in it, as a cause of commitment; I will do so by stating

my objections to it in its present shape. The first resolution on the

paper which I hold in my hand, and which met with a unanimous vote of

the Senate two days past, contains a mere declaration of their opinion

on an abstract principle; to this resolution I fully and freely assent,

although I did not vote for it, being that day unwell and absent. But

this second resolution, if it is to have any effect at all, is meant to

convey an instruction to the President of the United States. It contains

a request to him, not only that he will endeavor to obtain an adjustment

of our differences by treaty, but that prior to this he will “demand and

insist upon the restoration of the property of our citizens captured

and condemned on the pretence of its being employed in a trade with the

enemies of Great Britain, prohibited in time of peace; and upon the

indemnification of such American citizens for their losses and damages

sustained by these captures and condemnations;” that he will enter into

arrangements, &c. This, Mr. President, is the part of the resolution I

object to. It is going too far. It is circumscribing the powers of the

President, and tying him down to a particular point. It is making that

the _sine qua non_, the basis on which alone he is to treat; at least

it is doing this so far as an opinion of the Senate, expressed in this

way, can do it. It really looks to me, as if, on this particular point

of the restitution, we were afraid to trust our Chief Magistrate. I

presume there is not a member who hears me, who does not fully believe

the captures and condemnations alluded to in the resolution were unjust;

that they are an infringement of our rights; and that we are entitled

to restitution. But let it be remembered that these condemnations are

the solemn decisions of a court of very high authority in Great Britain;

a court that, it is well known, acts under the counsels (if not the

control) of the cabinet. May we not then reasonably suppose that the

British Government are as fully assured (in their own minds) that these

condemnations are just and warranted, under the law of nations, as we

are that they are unjust and unwarranted; and that they will be as

unwilling to acknowledge in the face of the whole world that they have

been wantonly robbing us of our property, as we will be to acknowledge

that we have paid so much without a cause? It has been well observed by

an honorable member from Tennessee, that in forming commercial treaties

of this kind, there will be various points to consider, and it may not be

necessary to contend for strict justice in every punctilio; arrangements

or treaties, when there are existing differences to settle, must always

be a bargain of compromise and forbearance; in one point we may give

a little, that we may obtain an equivalent in another. So it may turn

out in settling our disputes with Great Britain. Why then are we not

satisfied with expressing our opinion on the great principle of right;

and leave it altogether with our Chief Magistrate to enter into and point

out the details?

Messrs. J. QUINCY ADAMS, SAMUEL SMITH, PICKERING, TRACY, and MACLAY,

delivered their sentiments.

The motion to recommit the resolution for the purpose of amending it, was

lost--yeas 15, nays 16.

Mr. WORTHINGTON then moved to strike out the words in _italics_, from the

second to the eleventh line.

Messrs. S. SMITH, and WHITE, opposed the motion, which was disagreed

to--yeas 13, nays 16, as follows:

YEAS.--Messrs. Adair, Baldwin, Bradley, Gaillard, Howland,

Logan, Maclay, Moore, Plumer, Smith of Vermont, Sumter, Turner,

and Worthington.

NAYS.--Messrs. Adams, Anderson, Bayard, Gilman, Hillhouse,

Kitchel, Mitchill, Pickering, Smith of Maryland, Smith of New

York, Smith of Ohio, Smith of Tennessee, Thruston, Tracy,

White, and Wright

Mr. THRUSTON moved to postpone the resolution, for the purpose of

previously taking up and acting upon the third, which prohibits the

importation into the United States of a variety of articles, the growth,

produce, or manufactures of Great Britain, after the ---- day of ----

next, unless equitable arrangements shall be made between the United

States and Great Britain.

This motion was lost--yeas 13.

Messrs. ISRAEL SMITH and BRADLEY then spoke against agreeing to the

resolution. The principal ground taken by them was that it became the

Senate to take stronger ground, and to adopt vigorous measures, before

they requested the Executive to resume negotiation.

Mr. TRACY advocated the resolution. He did not think negotiation

exhausted. He thought it became the Senate to make one further attempt

towards negotiating our differences, before a resort was had to warlike

measures. The President would be enabled to take this step, by the

Senate, who were a branch of the war-declaring power, expressing their

support of the measures he had taken, at the same time that they

requested a renewal of the negotiation.

Mr. MOORE moved to strike out the words “and insist;” which motion

prevailed.

Mr. WORTHINGTON said that, so modified, he should vote for the resolution.

Mr. KITCHEL observed that he was sorry to intrude upon the patience of

the Senate at that late hour; but the observations of the gentleman who

had just sat down induced him to beg their indulgence for a few moments.

The gentleman, in the course of his observations, seems to have made two

propositions as the ground of his objection, viz: that the resolution now

under consideration contains a censure upon the President, as not having

done his duty in negotiating; and that by passing it we are going to

sacrifice the honor and interests of the United States and its citizens.

Mr. President, I would ask in what manner we shall do either? How shall

we censure the President? He has negotiated until there appears no

prospect of obtaining that justice to which we are entitled; and he has

now submitted the matter to Congress to pursue such measures as shall

appear to them prudent.

And what are we about to do? Sir, we have already unanimously passed

one resolution, in which we say that the capture and condemnation of

the vessels and cargoes of our citizens is an unprovoked violation of

our independence, and an aggression upon the property of our citizens.

And if that declaration is correct what are we to do further? Are we,

upon the strength of that declaration, to sit down and fold our hands

together, and expect Britain to do us justice, or are we to declare war?

Sir, are we prepared at this moment to declare war? Will it be wise? Will

it be prudent, without one effort to avoid it, with all its horrors of

blood and destruction? Are the people now prepared to meet it, without

our making one more attempt to negotiate? Will they say we have acted

wisely? I believe not. Sir, we are one component part of Congress, who

have the sole power of declaring war; and by this resolution we are going

to say to Britain--not by ourselves, for we are not by the constitution

authorized to speak to foreign nations in this way; but we are about to

request the President, in our behalf, and in our name, and in the name

of the whole people of the United States, to say to Britain--you have

injured us by your unprovoked aggressions, and we demand satisfaction.

We can bear these insults no longer; therefore, make us compensation for

past injuries, and do us justice in future; and we are willing still

to be friends. Wherein does this censure the President? He has pursued

negotiation until he finds it unavailing. We now ask of him to make one

last effort in our behalf, before we appeal to the last resort of war,

and I trust we shall arm him with power that will give energy to this

last negotiation. And wherein are we going to sacrifice the honor of the

United States or the interests of the citizens? Does it sacrifice our

honor to endeavor to settle our differences in an amicable way, rather

than to fly to arms and deluge the earth with blood? Will it fix a stigma

upon us in the eyes of any rational men or nations? I believe not. And

how are we going to sacrifice the interests of our citizens? Do we do it

by demanding justice for them of Britain? I believe that they themselves

will not view it in that light, when they see it followed by the third

resolution, which I hope will be passed. And, indeed, had it not have

been for the expectations of that resolution being carried into effect,

in such a manner as to give energy to this, I should have withheld my

vote from the first. But, under the full expectation that the third

resolution will pass, and as I do not believe it contains any censure

upon the President, and as I believe it will do honor to the United

States and will have a tendency to secure reparation to our citizens, I

shall cheerfully give it my vote.

Messrs. LOGAN and PICKERING spoke in favor of the resolution, and Mr.

ISRAEL SMITH against it; when, after some verbal amendments, the question

was taken upon it, by yeas and nays, and the resolution carried--yeas 23,

nays 7, as follows:

YEAS.--Messrs. Adams, Anderson, Baldwin, Bayard, Gaillard,

Gilman, Hillhouse, Howland, Kitchel, Logan, Maclay, Mitchill,

Moore, Pickering, Smith of Maryland, Smith of New York, Smith

of Ohio, Smith of Tennessee, Tracy, Turner, White, Worthington,

and Wright.

NAYS.--Messrs. Adair, Bradley, Plumer, Smith of Vermont, Stone,

Sumter, and Thruston.

So it was _Resolved_, That the President of the United States be

requested to demand the restoration of the property of their citizens

captured and condemned on the pretext of its being employed in a trade

with the enemies of Great Britain, prohibited in a time of peace; and

the indemnification of such American citizens, for their losses and

damages sustained by these captures and condemnations; and to enter

into such arrangements with the British Government, on this and all

other differences subsisting between the two nations, (and particularly

respecting the impressment of American seamen,) as may be consistent

with the honor and interests of the United States, and manifest their

earnest desire to obtain for themselves and their citizens, by amicable

negotiation, that justice to which they are entitled.

WEDNESDAY, February 19.

_Lewis and Clarke’s Expedition._

The following Message was received from the PRESIDENT OF THE UNITED

STATES:

_To the Senate and House of Representatives of the United

States_:

In pursuance of a measure proposed to Congress, by a Message

of January 18th, 1803, and sanctioned by their approbation,

for carrying it into execution, Captain Meriwether Lewis, of

the first regiment of infantry, was appointed, with a party

of men, to explore the river Missouri from its mouth to its

source, and crossing the high lands by the shortest portage,

to seek the best water communication thence to the Pacific

Ocean; and Lieutenant Clarke was appointed second in command.

They were to enter into conference with the Indian nations on

their route, with a view to the establishment of commerce with

them. They entered the Missouri, May 14, 1804, and on the 1st

of November, took up their winter quarters near the Mandan

towns, sixteen hundred and nine miles above the mouth of the

river, in latitude 47° 21´ 47´´ north, and longitude 99° 24´

45´´ west, from Greenwich. On the 8th of April, 1805, they

proceeded up the river in pursuance of the objects prescribed

to them. A letter of the preceding day, April 7, from Captain

Lewis, is herewith communicated. During his stay among the

Mandans, he has been able to lay down the Missouri, according

to courses and distances taken on his passage up it, corrected

by frequent observations of longitude and latitude, and to add

to the actual survey of this portion of the river, a general

map of the country between the Mississippi and Pacific, from

the 34th to the 54th degrees of latitude. These additions

are from information collected from Indians, with whom he

had opportunities of communicating during his journey, and

residence with them. Copies of this map are now presented to

both Houses of Congress. With these, I communicate, also a

statistical view, procured and forwarded by him, of the Indian

nations inhabiting the Territory of Louisiana and the countries

adjacent to its northern and western borders, and of other

interesting circumstances respecting them.

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