_British Aggressions._
Mr. QUINCY said the House might have observed, that in the Message of
the President of the United States to Congress, delivered on the 27th
of October, there was an express reference to a certain Proclamation
interdicting our ports and harbors to British armed vessels. It was
in Great Britain, he understood, a universal Parliamentary rule, that
proclamations of this kind should be laid before Parliament; and in this
country it had heretofore been the usual practice. In the case of the
Proclamation of Neutrality, issued by President Washington, in 1793,
in his first communication to Congress, he laid it before them, and it
was entered on the Journals. Circumstances of however great notoriety
were not official information on which they could act; but, were it so,
he had not been able to find it in any papers he could procure. He had
expected it would have been connected with the report of the committee
on aggressions; but, as it was not yet before the House, he moved the
following resolution:
_Resolved_, That the President of the United States be
requested to cause to be laid before this House a copy of his
Proclamation interdicting our harbors and waters to British
armed vessels, &c., referred to in his Message of the 27th of
October last.
Mr. CROWNINSHIELD could not see any necessity for calling for this
paper. He well recollected that the President had issued proclamations on
other subjects which had never been laid before the House. That issued
in the case of an aggression committed by Captain Whitby, commanding an
armed ship of Great Britain, had not been transmitted to the House; so,
in the case of the famous conspiracy of Mr. Burr, a proclamation was
issued at the time, and not laid before the House, nor had the House
thought necessary to call for these papers. They were before the public,
and every member of the House must have perused them. Mr. C. wished his
colleague to show some necessity for the present call; for he could see
none. The practice which had taken place in other countries was not to
govern them; he might as well have drawn a precedent from the practice of
France, Germany, or any other country, as from Great Britain. Besides,
he doubted whether it was the practice there. It was well known that,
under that Government, the King and Council legislated in a variety of
instances. The citizens of this country had suffered severely by these
measures. They legislated for neutrals in this way, and property to an
immense amount had been taken from our merchants under these orders, and
Mr. C. did not know that their acts in such cases had been laid before
the Parliament, or even called for. He should, however, have no objection
to the call in this instance, but that he saw no necessity for it. The
gentleman might perhaps not have seen the Proclamation; but it was well
known that it had been published in almost all the papers in the Union.
It first appeared in a paper of this city, and he presumed was copied
from that paper into the others. He had no doubt but the Proclamation
would be communicated, or any other paper that might be called for.
Mr. ALSTON said it was certainly very immaterial whether the resolution
was adopted or not; but it was certainly causing considerable trouble for
nothing, to submit such a resolution to the House. The gentleman might
have laid his hands on it in any paper published in the Union. Did that
gentleman receive an official copy of the proclamation for convening
Congress at this time? If he did, Mr. A. said he had an advantage over
him; for he saw the Proclamation in the newspapers, and came on in
consequence; and if there had been any proclamation issued, Mr. Q. could
have found it in the newspapers. He had an objection to this resolution,
because it was going out of the way; he had never before known an
instance of a call upon the President for any proclamation which he had
not thought proper to lay before them.
Mr. QUINCY said he had cited the example of Great Britain, because that
was the country from whose Parliamentary practice so many precedents
had been drawn. The Proclamation of President Washington, however, was
published in all the papers on the continent, and yet the President had
laid it before Congress on the first day of the succeeding session. He
would refer to the mode in which it was presented, in order to convince
the House it had been heretofore done. The case was thus: The President
of the United States, after some prefatory observations, tells them that
the Proclamation laid before the House had been issued. Immediately
after this, the Journal says, a Message was received from the President
of the United States, enclosing a copy of the Proclamation. The case in
the present instance was of much more importance: he had no conception,
before he saw the report of the committee, but that it would be laid
before them; he had not conceived it possible that it would not be laid
before them in some way. It had been said, that he should give reasons
for calling for it. He thought that in an important case like this the
House should know what was done. He had no objection to the Proclamation;
but it contained certain national principles to which they ought to refer.
He was at a loss to account for the opposition which this motion received
from some quarters of the House; it was impossible it could be made on
any other grounds than a determination to vote down at all events any
question that might be moved, or any inquiry that might be requested
on the part of gentlemen of one description in the House. It seemed to
him to be following up the advice which had lately been given to them
through the channel of a paper printed in this city, which was understood
generally to speak a demi-official language. I have before me, (said he,)
the words in which this House were a short time since addressed in that
paper, by a person making observations on a motion which Mr. Q. had made,
and which was negatived. Mr. Q. then read the following paragraph from
the National Intelligencer, of November 9:
“Let them weigh well the advice of an enemy before they adopt
it. Let them act as they have done in the present instance. Let
them entertain no apprehensions on the sense of popularity,
even though their adversaries should sound the tocsin of alarm,
and declare themselves in patriotic strains the exclusive
friends of the people. Let them remember that while their
opponents have nothing to do but talk, _they have to act_.”
And was this the language in which this House was to be addressed through
the medium of a newspaper printed at their doors? Was a mere printer to
obtrude upon them his advice as to what course they were to pursue in
relation to the interest of the nation, and to denounce a portion of the
House as unworthy of notice or confidence? He hoped not. But he could
account for the opposition which was now given to this motion from no
other reasons; for if a Proclamation of this kind had been issued, they
ought to have it before them.
Mr. Q. said he possessed no interests different from any other member of
this House; and assuming the right to which he was entitled, he would ask
for information when he had occasion for it.
Mr. CROWNINSHIELD felt much surprised at what had been said by the
gentleman last up. Had Mr. C. said any thing about it, had he made
any allusion to what had appeared in a newspaper in this city? The
publication was made before he had been able to arrive at this city. [Mr.
QUINCY here remarked, he did not refer to him.] Mr. C. did not know to
whom he could refer, except to him or his friend from North Carolina.
He had no intention to make any remark to hurt the gentleman’s feelings
with respect to what had appeared in a newspaper of this city; but what
relation could that have to the subject under consideration? If the paper
alluded to had infringed any privilege appertaining to him as a member
of that House, of which Mr. C. said he knew nothing, he had his remedy.
If of a personal nature, the gentleman had other means of satisfaction.
He was perfectly at a loss as to the object the gentleman could have in
bringing the matter up now. Mr. C. had alluded to the same paper: it was
the only paper of any consequence in the city, and the President was
obliged to take that course to circulate official acts throughout the
Union. It had always been the custom of the President to publish his
Proclamations, but in no instance had he laid them before the House. The
two extraordinary sessions of Congress had been held by Proclamation
published in the newspapers, and the Proclamations for convening them had
not been laid before the House. It having been done by another President
had no bearing on the present case: no law existed authorizing President
Washington to issue such a Proclamation as that referred to; but the
Proclamation now referred to, as well that in the case of Mr. Burr, were
issued under an act of Congress. Mr. C. had no particular objection to
the call; but he could not see the necessity for it. With respect to
precedents in other countries, he wished them to have no influence on the
proceedings in this.
Mr. BURWELL did not rise to oppose the resolution; he was willing
that the Proclamation should be sent to them by the President; but
the gentleman had expressed his surprise that he did not find that
Proclamation contained in the report of the committee. The only reason
was, that they had supposed it was sufficiently official in the
newspapers, and had referred to them when occasion required, as they
would have done to any other authority. He held it a correct proceeding,
that it was the right of any member of that House to call for any
information relative to any subject; he should always favor such an
application; he therefore did not rise to oppose the gentleman’s motion,
but to apologize for the committee’s not having reported it.
Mr. DANA said that the observations of the gentleman from Virginia had
been made with his general candor he had no doubt, but the committee
considered such reference as they had made correct; but as no public
prints were strictly official, and as they were called upon to deliberate
on the Proclamation itself, he thought it necessary they should have it
before them. Were they not called together on this subject particularly,
he might not see the same necessity for having it; but as it was to be
the basis in some measure of their proceedings, they ought to have an
official copy of it. Mr. D. also thought it was more correct, whenever
Congress were called together by Proclamation, that they should be
specially notified. The gentleman from Massachusetts was in an error so
far as related to the form of giving notice of extraordinary sittings; he
had understood the gentleman to say, that Congress were called together
by a Proclamation published in a newspaper, which was official notice.
This was not the correct course. It was true they were now all gathered
together; but their journals would not show how. When an extraordinary
session had been called formerly, a letter had been addressed to each
member from the Secretary of State, enclosing the Proclamation for
the purpose; and this was capable of being done in every instance, by
transmitting these letters to the Executive of each State, who might
notify them individually. This had been the course, and he thought it
more correct than the other.
The question on the resolution being taken, was carried, 70 to 32; and
Messrs. QUINCY and BURWELL named a committee to wait on the President for
the purpose.
THURSDAY, November 19.
_British Armed Vessels._
The following Message was received from the President of the United
States:
_To the House of Representatives of the United States_:
According to the request expressed in your resolution of the
eighteenth instant, I now transmit a copy of my proclamation
interdicting our harbors and waters to British armed vessels,
and forbidding intercourse with them, referred to in my message
of the twenty-seventh of October last.