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.