BARON DE CARONDELET.

To THOMAS POWER.

THURSDAY, January 28.

Mr. SOUTHARD, one of the members for the State of New Jersey, informed

the House of the death of his colleague, Mr. EZRA DARBY, late one of

the members of this House: Whereupon, the House came to the following

resolutions:

_Resolved_, That a committee be appointed to take order

for superintending the funeral of EZRA DARBY, Esq., late a

Representative from the State of New Jersey.

_Resolved, unanimously_, That the members of this House will

testify their respect for the memory of EZRA DARBY, Esq., late

one of their body, by wearing crape on the left arm for one

month.

_Resolved, unanimously_, That the members of this House will

attend the funeral of EZRA DARBY, Esq., on to-morrow at twelve

o’clock.

_Resolved, unanimously_, That a message be sent to the Senate,

to notify them of the death of EZRA DARBY, late a member of

this House, and that his funeral will take place on to-morrow,

at twelve o’clock; and that the Clerk of this House do go with

the said message.

_Ordered_, That Mr. SOUTHARD, Mr. MASTERS, Mr. PORTER, Mr. HELMS, Mr.

NEWBOLD, and Mr. LAMBERT, be appointed a committee, pursuant to the first

resolution.

SATURDAY, January 30.

_Removal of Federal Judges on the Address of Congress._

Mr. G. W. CAMPBELL.--It has always been my opinion that in a free

Government like ours, every department ought to be responsible for its

conduct. The Constitution of the United States was evidently framed on

this principle, and the preservation and security of the rights and

liberties of the citizens and the due execution of the laws will be found

to rest, in a great degree, on rendering public agents sufficiently and

practically responsible for their conduct to the nation. That this is

not the case with the Judiciary of the United States has been proved by

experience. Your judges once appointed are independent of the Executive,

the Legislature, and the people, and may be said to hold their offices

for life. They are removable only on conviction by impeachment of high

crimes and misdemeanors, and this mode of proceeding has been found in

practice totally inefficient, and not to answer the purpose for which it

was intended--that of rendering your judges duly responsible for their

conduct. They may therefore be considered as independent of the rest of

the nation, (and they seem to think so themselves,) as if this provision

in the constitution, relative to impeachment, did not exist. No matter

how erroneous their opinions--how dangerous to the public weal--how

subversive of the interest of the people--how directly opposed to the

laws of your country; yet, as it is neither a high crime nor misdemeanor

to hold erroneous opinions, which they seem conscientiously to believe,

they cannot be removed by impeachment--they are independent of the rest

of the nation.

This subject has attracted the attention of the people in most of the

States. The Legislatures of several States have passed resolutions

declaring the necessity of amending the Federal Constitution, so as to

render the judges, in practice as well as in theory, responsible for

their conduct. The most numerous branch of the Legislature of the State

which I have the honor to represent in part, have declared their opinion

in favor of such amendment. In order, therefore, to bring this subject

before the House, that the sense of the National Legislature may be

ascertained thereon, I submit the following resolution:

_Resolved, by the Senate and House of Representatives of the

United States of America, in Congress assembled, two-thirds of

both Houses concurring therein_, That the following amendment

to the Constitution of the United States be proposed to the

Legislatures of the several States, which, when ratified by

the Legislatures of three-fourths of the said States, shall

be valid to all intents and purposes, as part of the said

constitution: The Judges of both the Supreme and Superior

Courts of the United States shall, after the ---- day of ----,

be removed from office by the President of the United States,

on the joint address of both Houses of Congress requesting the

same, three-fifths of each House concurring in such address.

This resolution was referred to a Committee of the Whole on the state of

the Union.

MONDAY, February 1.

Another member, to wit, GEORGE CLINTON, junior, from New York, appeared,

produced his credentials, was qualified, and took his seat in the House.

MONDAY, February 22.

_Captain Pike._

Mr. J. MONTGOMERY observed, that to Captains Lewis and Clarke, who had

explored the Western country, a compensation had been made; he held in

his hand a similar resolution for remunerating Captain Pike for the

important services he had rendered on an almost similar expedition, which

he proposed, as follows:

_Resolved_, That a committee be appointed to inquire what

compensation ought to be made to Captain Pike and his

companions for their services in exploring the Mississippi

River, and in their late expedition to the sources of the

Osage, Arkansas, and La Platte Rivers, together with their tour

through New Spain; and that they have leave to report by bill

or otherwise.

Mr. MARION objected to the phraseology of the resolution, as sanctioning

a general principle, to which he was not prepared to assent. The

resolution did not go to inquire if any compensation, but what

compensation, should be given; thus taking it for granted that some

remuneration should be made. Mr. M. wished it to be so modified as to

inquire “if any, and, if any, what,” compensation should be granted.

Mr. MONTGOMERY acceding to this alteration, the resolution was adopted.

WEDNESDAY, February 24.

_Removal of Judges upon Address from Congress._

Mr. WHITEHILL presented the resolutions of the Legislature of

Pennsylvania, requesting their members in Congress to use their endeavors

to procure an amendment to the Constitution of the United States, so

that the Judges of the United States should hold their offices for a

term of years, and be liable to removal by the President, on the joint

address of a majority of both Houses of Congress; and that, on trials by

impeachment, a majority of the Senate should be competent to conviction.

Mr. BARD moved to refer the resolutions to the Committee of the Whole on

the state of the Union.

Mr. DANA opposed the motion. The resolutions were only instructions to

the Pennsylvania delegation. This House had nothing to do with them.

After a debate of about two hours, the question was taken and

carried--yeas 82, nays 27.

MONDAY, April 4.

A new member, to wit, ADAM BOYD, returned to serve in this House as a

Representative for the State of New Jersey, in the room of EZRA DARBY,

deceased, appeared, produced his credentials, was qualified, and took his

seat in the House.

TUESDAY, April 12.

_Frauds in Land Warrants._

Mr. RANDOLPH rose to give notice that he meant to bring forward a motion

on a subject of considerable public interest, and in which in his

opinion the honor of the Government of the United States was materially

implicated. He held in his hand an application from a veteran soldier on

the subject of his bounty land, and who had sent him a power of attorney

to act for him--a man of unimpeachable character, and who had not been at

the seat of Government since it was established--his name William Bryan.

I found, said Mr. R., that his warrant, No. 9--, has been drawn and

fraudulently located; I say fraudulently, because I am well assured that

the party has not received any advantage from the warrant, and there is

the strongest evidence of fraud. His warrant has been drawn and located,

by whom I cannot discover; my researches were completely baffled by the

memorable fire, which it is presumable owed its origin to a desire to

cover frauds of this nature. I was referred from the War Office to the

Treasury Office; for the only chance of finding out who had acted as

attorney in fact for this old man, was, that the warrant ought to have

been returned and on file there. On going there I found that the space on

the record which the warrant ought to have occupied, was blank; and that

no such warrant exists on the Treasury files. I believe this is far from

being a solitary case, but that the cases are numerous, and many of those

who have honestly earned a title to public land have been in this way

defrauded, and the land sold to speculators who have reaped the benefit

of it. I therefore give notice that I shall at a future day move for an

inquiry into this subject.

_Suspension of the Embargo._

The House then resolved itself into a Committee of the Whole, 55 to

20, on the resolution offered by Mr. G. W. CAMPBELL, declaring that

the President of the United States ought, in the event of certain

contingencies occurring during the recess of Congress, to be authorized

to suspend the operation of the embargo.

Mr. G. W. CAMPBELL said he would state to the House, in a very brief

manner, some of the reasons which induced him to bring forward this

resolution.

It will be recollected, said he, that the causes which induced the

passage of the law, imposing an embargo, were the orders of council by

Great Britain, and the decrees by France, which went in a great degree

to cut off and destroy the whole commerce of the United States. In case

those causes should be removed, I presume it will be thought necessary

that there should be a power vested somewhere to withdraw the embargo

occasioned by those orders and decrees. As therefore it is believed that

we shall not be much longer in session, and it is at least possible that

these orders and decrees may be removed, that Great Britain may revoke

her orders of council or change them so as not to affect our commerce,

and that France may revoke her decrees or change them so as to render

our commerce secure, it is all-important that a power should be vested

somewhere to give the people such relief as would be justified by this

state of things. Suppose it were the case that any alteration should

take place when Congress were not in session, some weeks, nay, some

months must pass before Congress could be in session and a law pass for

removing the embargo; the consequence of which would be that the country

would suffer the pressure of the embargo for weeks or months longer than

would be necessary; and I presume no member of the House will say that it

would be proper to continue longer than necessary the pressure which the

embargo must make upon them. There is I presume at least some reason to

believe that the belligerent powers themselves are beginning to see their

own interests injured. We see, by the latest accounts from Great Britain,

that propositions are made in Parliament for revoking her orders.

Should this take place, it is presumable that we also should revoke

our regulations. This measure would also have a good effect in turning

the attention of the people to the real source whence their present

inconveniences flow; they will be taught to look to those circumstances

which produced the embargo, a change of which would justify its removal.

This would be a consideration of some importance. The mind of the public

would be kept alive by the expectation that every day may bring the news

which would induce Government to revoke the embargo, which no doubt bears

hard upon the agricultural as well as commercial interests of the country.

The resolution as it now stands seems to me to embrace the principal

grounds upon which we ought to authorize the Executive to suspend the

operation of the law in question. If a general peace or suspension of

hostilities take place in Europe, it would seem that there would be

no danger from a suspension of the interdiction of our own vessels

from sailing; but if no such event takes place, in the event of such

alterations as shall exclude American commerce from the operation of

the orders and decrees of the belligerents, it will be proper that the

embargo should be suspended, they being the grounds on which the measure

was adopted. You must vest a power somewhere to ascertain whether such

change take place or not. You cannot precisely determine the fact which

shall authorize suspension; for were you to say that in case of a

revocation of the decrees of France or England the embargo shall cease,

you give a vast advantage to those nations--for they may revoke them

to-day and reinstate them to-morrow, as their interests may dictate. It

is therefore necessary to vest a power somewhere to ascertain not only

the revocation, but a reasonable assurance that they will not be renewed.

For this purpose it is essentially necessary that the President should

be authorized to determine the changes which shall render our commerce

safe, by the assurances which may be given that they will not again

resort to similar measures. This I mention only as my general object;

as to the expressions in the resolution I am not tenacious of them; and

in any modification of them which shall promote the public good I shall

certainly acquiesce. I have no object but one; that the public may see

that we have not left our posts till we had done every thing in our power

to relieve them from the distress of measures adopted by us and rendered

necessary by the conduct of other nations.

I conceive this to be more important to the people on the seacoasts than

to the people in the Western country. To the Western country a few weeks

or months protraction of the interdiction, in the fall of the year, could

not be of much importance; yet it would seem to me that in the commercial

cities and towns, in the Atlantic States, a few days or weeks, much more

so a few months’ which might occur before Congress could convene, would

be very important; and they would feel much uneasiness if, knowing such

changes had taken place as would warrant the removal of the embargo, they

were compelled to lie under its pressure until Congress could meet to

revoke it. It cannot be expected, after the President shall determine to

call Congress, that they can be convened here in less than three months.

Such a resolution as this therefore would be beneficial to the commercial

interest.

WEDNESDAY, April 13.

_Suspension of the Embargo._

The House then went into a Committee of the Whole on the resolution.

Mr. LOVE said, to a proposition having for its object the removal of the

embargo, at the first moment the public interests would permit, he had

presumed there would have been no objection made either on that floor

or by any man in the nation. In this presumption, said Mr. L., I am

extremely sorry to be disappointed, and more especially so as the mode of

opposition calls for a reply from those who have been the advocates of

the system of policy pursued by the Government, during the embarrassing

crisis it has been compelled to encounter.

The proposition before the committee is so familiar to those who have

been long in the habits of legislation, from the frequent exercise of the

general principle on which it rests, that nothing not already obvious to

the minds of the greater part of this honorable body, I am sure, can be

said in support of it. In the observations therefore, sir, which I shall

trouble the committee with, it will not be necessary to say more than

shall be proper in answer, only, to the objections which have been made

at this time, to the exercise of the power contemplated by the resolution.

I have heard no argument yet urged against the right of delegating in any

situation, or under any circumstances, the exercise of special powers

which are acknowledged to be vested in a more general view essentially

in the Legislature. The argument, if urged to such an extent, would

evidently defeat itself, and go to destroy the operations of this

or any other Government deriving the source of its authority from a

Legislature. Our constitution has enjoined many duties on Congress, which

without a delegation of the powers thus vested in it, could never be

effected. An objection to the resolution under discussion on so broad

a ground, would have been too obviously untenable. The question has

not been thus directly met; but in opposition to the constitutionality

of the delegation of power contemplated, a distinction has been taken

between the authority which should be given to suspend a law, already in

operation, and one which has not yet commenced its operation.

I listened, sir, with every possible attention to the argument made on

this distinction. I am obliged to say there was no reason intelligible to

my mind, offered in support of it. I will content myself therefore with

expressing the opinion that the circumstance of a postponed or present

operation, cannot make a difference in the principle. In both cases the

authority which delegates the agency is the same, it is the act of every

branch of the Legislature, and there can be no distinction which would

not apply to one equally with the other. It may in the manner of its

exercise be assimilated to the powers of a Legislature to repeal a law

already in existence, in contradistinction to the power of repealing one,

the operation of which had been suspended. If such a position could be

sustained (as a proper inference from our constitution) it would be vain;

for if the Legislature have the right of repealing a law, they might in

the same breath that they would repeal this, enact another which should

provide in a manner so far in conformity with the practice acknowledged

to be correct, as to be entirely exempt from the objection urged on the

ground of this distinction.

When I compare the limited nature of the power now proposed to be

delegated, with those almost unbounded trusts which it has been the

constant practice of the Legislature to confide in the Executive

Department, I cannot help feeling at a loss to account for the present

opposition on any grounds of consistency. Those delegations of authority

have not been confined in practice to either of the political parties

which have at different times given a tone to the Government. The

gentleman from Tennessee, who has introduced the resolution, has

mentioned several instances in which this has been done; permit me to add

others, in which it appears to me the principle has been carried further

than in the present case.

By the constitution, the power of borrowing money is in express terms

_exclusively_ vested in Congress. Yet this has been only exercised by a

delegation of it, from the commencement of the Government till the time

has ceased when it was necessary to exercise it. I hope, sir, it may

never be necessary to do it again; but if it should, I ask gentlemen how

it will be effected but by the intervention of an agency, although the

words of the constitution permit _Congress only_ “to borrow money on the

credit of the United States.”

Other powers of great importance, solely confided to Congress, have been

delegated, and not as now contemplated, in a restricted and limited

degree, but in terms of the broadest and most absolute discretion;

many instances have occurred of this in constant succession ever since

the revolution, in political opinion, which has taken place in the

Legislature of the Union; for scarcely were the Republicans warm in

their seats before they made a delegation of the power to the President,

more unlimited in principle and more dangerous in practice than that

now advocated, for suspending the operation of the embargo law. In 1802

he was authorized to organize a military corps. In February, 1803, he

was authorized to cause to be built several vessels of war, if the

exigencies of the service should require it. In 1804 the same powers were

repeated, and many others, equally dangerous and equally necessary, were

delegated both these years. In March, 1805, he was authorized to permit

or interdict at pleasure foreign vessels from coming into our ports.

Compare the discretion either in extent or importance vested by those

laws, with that now contemplated, and on the ground of precedent we are

more than justified; even in the present session we have delegated the

power of suspending or continuing a law, now certainly in operation, by

authorizing the President to build and equip, or not, at his discretion,

a number of gunboats, or he may, under the influence of the like

discretion, for ever desist from the execution of it.

If this body is supposed to act under the regular impulse of any

political principles, it appears to me, sir, that the numerous precedents

to be found in our statutory code ought to have an effect. In those which

I have mentioned, and many others which have been enumerated by the

gentleman from Tennessee, the President was vested with the right, _ad

libitum_, to continue, suspend, or terminate the operation of a law. In

the present one the discretion is limited to the contingencies of peace

in Europe, a suspension of hostilities, or such conduct and assurances on

the part of the belligerents who have invaded our commercial rights, as

will enable our vessels to pass with our produce in safety to a foreign

market.

Let us now examine, sir, the other constitutional objection made by

the gentleman from Virginia, (Mr. RANDOLPH,) that Congress have not

the power to lay an embargo. If indeed this novel position be correct,

the question is at an end, and the people of the United States would

be justified in the resistance the argument invites. I had indeed

understood the gentleman, as others near me did, to found his idea of

the unconstitutionality of this embargo, on the circumstance of the laws

imposing it being unlimited as to time. He defined an embargo to mean an

inhibition for a limited time, and this unlimited nature of the present

embargo was dwelt on by him with peculiar emphasis; but when a gentleman

from Kentucky, (Mr. JOHNSON,) who followed him, had ably exposed the

fallacy of this distinction, and completely sent the argument home to its

author, the distinction was abandoned by explanation. I understand the

explanation of the gentleman; but as the object in pressing the unlimited

quality of this embargo on the sensibility of the nation, cannot be

mistaken, I have too, sir, for reasons alike obvious, thought it proper

to mention it.

But, sir, as to the power to lay an embargo. The first motives for a

union of the States, imply this as indispensable. It would be enough

to show it to be a measure of general defence and protection, to give

Congress a right to act on the subject; as such, sir, it expressly ranks

among the provisions assigned as the great causes for the adoption of the

Federal Constitution; for in the preamble to this instrument, the people

say, they have adopted it in order “to provide for the common defence and

general welfare.”

In the first paragraph of the eighth section of the first article, the

same words are repeated; common defence and common protection to the

external interest of the United States, are then the peculiar objects

of its Government. An embargo under some circumstances is not only a

proper but a necessary and indispensable means of common defence and

protection; I might say that the present crisis is a strong illustration

of such necessity. But if the right to lay an embargo is controverted,

I would ask by what means is the Government in time of war, or expected

war, under the authority of law to secure the property of its citizens,

which it is the business of all Governments to do, towards all who claim

under it the protection of their rights? Where is the power lodged, if

not in the National Legislature, which shall prohibit your own, or even

your enemies’ vessels from leaving your ports, after a declaration of

war? Are the States vested with, or do they generally retain the right to

lay an embargo? No, sir, they cannot so far enter into the collisions of

interests which would follow among each other by preventing the vessels

from sailing from the ports of any of them. The effect of doing so

would be too obviously an invasion of the general powers of commercial

regulation solely intrusted to Congress. Can any man of rational mind

suppose, then, that the Government of this country is really so defective

in what is not only to common sense an obvious reason, but one of the

express objects of its institution?

But to lay an embargo is unconstitutional, because Congress cannot lay an

export duty! And it is argued by the same gentleman that the lesser power

being thus provided against, the exercise of the greater must of course

be included in the prohibition; the minor forming an objection, the major

is, _a fortiori_, inadmissible. How easily, sir, is this argument of

inference retorted on the gentleman; for, according to a familiar and

certainly plain course of reasoning, it would seem, that if the subjects

are the same as is said, when the framers of our constitution made an

exception of the lesser power, if they had intended also to except the

greater, they would not have forgotten it.

The reasons which influenced the framers of that instrument to provide

against the power of laying an export duty, were obvious; the provision

was adopted in that spirit of mutual accommodation, which was so

necessary to the harmony of the whole. It would be difficult, it was

easily foreseen, to devise an export duty, which would not bear harder

on some of the States than others; it was better therefore not to resort

at all to a mode of taxation which would afford so fruitless a source

of contention. The policy too of taxing exports was perhaps radically

inadmissible; yet I cannot, for my life, discern how an export duty has

been drawn into analogy with an embargo.

That the embargo was a curse, and continues to be a most calamitous one

to us all, I have heard no one deny; but until now, I have not heard the

assertion advanced that our Government, by its conduct, was the author of

that curse. Yes, sir, many evils which the injustice of other nations has

inflicted on the peace and honor of the United States are acknowledged to

be curses of the most irritating and affecting nature; but the gentleman

has said more for England and France, than either of them has before said

for itself, when he attributes to his own Government the misconduct which

has produced those evils. It was scarcely to be expected that any state

of internal division or any views of whatever description would have

produced on this floor an assertion which has thus put a new argument

in the hands of our enemies in justification of their aggressions on

us; it is more than our enemies have asserted. We have heard indeed

from France and England that their decrees and orders, which make the

present voluntary retirement from the seas necessary on our part, were

the effect of an unjustifiable attack, which each has attributed in the

first instance to the other. Each criminates the other, and not America,

with being the author of the peculiar mode of warfare which has proved so

destructive to the rights of neutrals. The very language of their orders

and decrees assumes this position, and they are all prefaced with the

declaration, that their orders are enacted in the spirit of retaliation

on each other, and not, sir, for any offence which our Government has

been the author of, as the gentleman now tells the American people; for

what purpose let the nation judge.

I may surely be permitted to express my surprise and astonishment at this

assertion, sir, as it has never before been insinuated, on this floor at

least; and as it forms so strong a contrast with the declarations which

have been before made by the same gentleman, permit me to recall the

gentleman’s attention to his arguments in conclave, and to notice, if it

will not be out of order, (which I presume it will not, as all which then

took place has since been directed to be published,) the grounds of his

opposition to the embargo at that time.

It is recollected by us all that the honor of presenting a resolution in

conformity to the policy recommended by the President, in his Message

of the 18th of December last, was an object of emulation between the

gentleman from Virginia and one from Massachusetts, (Mr. CROWNINSHIELD,)

whose absence from the House the nation has so much cause to deplore,

and we all so sensibly feel. I thought it then, and still think it

an honorable emulation, arising from a patriotic sense of duty. The

gentleman from Virginia finally succeeded, and became the author of

the resolution in this House for laying the embargo; scarcely had he,

however, presented the resolution, the necessity of which he at the same

time took occasion to observe he had long foreseen, and, for two years

at least, before the period when it was recommended, (and, of course,

sir, prior to the rejection of this noted London Treaty of December,

1806, now so much eulogized,) scarcely had he thus expressed his

approbation of the embargo, till he again doubted its policy, and soon

after denounced its justice, not yet, indeed, for any of the reasons we

now hear, respecting the rejection of the treaty, but because it was a

measure said, or insinuated, to be dictated by France; and that it was to

have an injurious operation solely on England. It was in vain that the

friends of the embargo urged the probable existence of the very grounds

that measure now more strongly rests on; that the hostile determination

of France to enforce her decree of November 21, 1806, would probably

be followed by orders as harsh on the part of Great Britain; that this

was the course of policy the adoption of which England had already

announced, and its execution might, therefore, be fairly anticipated;

that the King’s proclamation of the 16th of October, 1807, a copy of

which accompanied the President’s Message, was an evidence of the

determination of that Government to offer no satisfactory accommodation

of our differences, and of its determined usurpation of our maritime

rights; to these arguments nothing was replied, but the repetitions in

lengthened speeches of the same charges. The opinions then avowed, sir,

by the advocates of the embargo, have met with support from the events

which have since been developed, while the unjustifiable grounds of

opposition are abandoned, even by their authors. But, sir, if there is

any gentleman, who, with his eyes open to the situation of the commerce

of the world, will say that the embargo ought to be removed, and that the

policy is unsound, let me ask him to tell us what, in the embarrassing

state in which we are placed by the efforts of France and England to

involve us in their conflicts, we are to do? The gentleman from Virginia

has hinted at arming our merchantmen! War, then, is the substitute; it

is, indeed, the only one, I agree. To arm our merchantmen, leads to

war--nay, sir, it is war, according to the interpretation nations have a

right to put on such an act of a Government; it will be opposed by open

war and undisguised hostility. If we are to have war, let it be in the

direct tone and unequivocal language of a nation indignant at the insults

it has received, not in the indirect manner of arming a few trading

vessels, the masters of whom would choose for the nation its enemy,

or involve us with both the belligerents at once, as their particular

animosities might dictate; if we are to go to war, it might be well to

fight one at a time at least. But, sir, I cannot but hope if our strong,

but pacific policy is adhered to, cursed as it is said to be, it may yet

preserve us from the conflicts of Europe. It is a curse, indeed, sir,

under which we are compelled to labor, but what is the alternative? I

have thought much, sir, on the subject; it has been my duty as well as

that of every other gentleman to weigh it well. We hear its effects are

severely felt, and we hear, too, what are the exertions of our opponents

to seize the favorite opportunity which it is so well calculated to

produce, to excite the sensibility of the people through the medium of

their immediate interests. But remove the embargo, and we must arm our

vessels, and war is at once declared. I have heard no one deny that

this must be the alternative. Compare the evils, both of great extent.

I admit, by the embargo, we lose half the value of the products of our

country, or the receipt of it is suspended; by war, to admit the effect

in this particular, no worse, at least it could be no better; but have

we counted the costs of the armies we are to raise, and to pay, of the

supplies we are to furnish, of the loss of our blood, and the diminution

of our strength, of the reduction of the profits of agriculture itself,

by calling men from their domestic occupations, and lessening the number

of hands for tillage--have we calculated the thousand other evils which

follow in the train of war? To plunge into war, sir, to escape the

curse of the embargo, would be truly fulfilling the adage of old--“out

of the frying-pan into the fire.” I do not hesitate to say that, if we

have patriotism enough to pursue our own interests, better would it

be for this country to remain under the truly calamitous curse of the

embargo for years, than at once to launch itself into war. But if we

must at length, after all our efforts to prevent it, have war, let it

be a war dependent on national sentiment, and arising from no doubtful

necessity, which must be produced by the conflicts of our vessels at

sea. We all know, and have felt that it has required the exertion of an

unparalleled fortitude, to resist the emotions which have impelled us

to acts of vengeance and redress for our injuries; let us not, then,

seek for new causes, of doubtful necessity, to place us at once at war,

as would be the case by arming our vessels. No, sir, let it be a cause

which, in spite of our divisions, so earnestly of late fomented, must

unite us in one spirit of opposition, in one sentiment of indignation

against the enemy who shall attack us, with the spirit of unanimity with

which a sense of injury will inspire us. I do not too highly estimate

our strength, or, I trust, our patriotism, when I say, that no army

which Europe combined could transport across the Atlantic, could long

withstand the American arms. That we have had ample cause, of war,

wanton, unprovoked cause, I had not, till now, supposed had been doubted;

we are now, indeed, informed that our Government is to blame, and that

the insults and injuries to which we have been subjected, are, in a great

measure, attributable to its misconduct. What the object is, in making

these assertions, let the nation judge; believing them groundless, I

do not fear to be able to prove them so. The non-importation law has

been mentioned as one of the subjects of just umbrage to England, and

as having had an embarrassing effect on the state of our negotiations

there. The gentleman has certainly but little attended to the documents

which have lately been read in this House; if he had, he would there have

found, under the sanction of authority which he is not presumed to doubt,

that it was a measure one of our Ministers in London has given his most

unequivocal approbation to.

It was said that our Ministers were suppliants at a foreign Court--our

Government must place an efficient instrument in their hands; and a

coercive system of policy is recommended, with a direct allusion to the

enaction of the non-importation law before the rising of the Congress

then in session.

We are told, too, that a principal cause of our embarrassments is the

rejection of the treaty concluded by our Ministers in London on the 31st

of December, 1806. This assertion has been made here, sir, with such

earnestness that it requires examination. The treaty which has been

rejected by our Government has been eulogized, and a month’s discussion

of it has been challenged; not, it is true, wholly on its intrinsic

worth, or positive merits, but because the circumstances, also, under

which it was concluded, made its provisions proper, and its adoption

necessary. The Treaty of 1794, commonly called Jay’s Treaty, I understood

the gentleman also to say, would under the existing circumstances of

December, 1806, have been proper for our adoption. This was, indeed, sir,

a necessary preface to his defence of the rejected treaty, for it is

certainly susceptible of easy demonstration, that it is, in its features

and provisions, far more objectionable and defective than the Treaty

of 1794; and, whether we take it on the ground of peculiarity in the

circumstances of the contracting parties, or on its intrinsic merits, it

has less claim to our assent.

In the first place, let us examine the circumstances under which those

two treaties were made, and then compare their respective provisions.

From the retrospect I am at this time able to take of our situations

at those different periods, I cannot hesitate to believe that the

circumstances under which the Treaty of 1794 was made, were more

unfavorable for negotiation on the part of the United States at that

time, both as they respected England and America, than they were in

December, 1806. As they respected England, her situation was at the

former period infinitely more commanding. By her combinations with the

great powers of Europe, as early as 1792, or perhaps antecedent to that

year, she was perfectly secure against any annoyance from France, her

only enemy in 1794. The Treaties of Pavia and Pilnitz, to which, it is

believed, England early in 1792 acceded, and which certainly laid the

groundwork of the conventions and coalitions of the spring of 1793, had

produced the effect of uniting in concert with her against France, the

powers of Russia, Germany, Prussia, Spain, Portugal, and many of the

minor States of Europe. England, then, felt no apprehensions for her own

safety, none for the abridgment of her commerce, and seemed to be but

little sensible to her interests in cultivating a good understanding

with America: her single enemy was confined to his own territories, and

threatened even with famine. The United States, in 1794, had not long

commenced their existence as a nation, and their new Government might

be said to be scarcely more than in a state of experiment. The debts

which had been created by the Revolutionary war, we had undertaken the

honorable discharge of, and we were then laboring under the immense

load; our resources were comparatively small, our embarrassments great,

our burdens by no means in a course of alleviation, and our situation

totally defenceless; the savages who bordered on our frontiers were

numerous, strong, and fierce, and our armies had but recently suffered a

dreadful carnage and terrible defeat; we were destitute of manufactories

which could supply us with arms, or the means of filling our arsenals;

a civilized nation of Europe, then great and powerful, bordered her

colonies on our Southern frontier, and disputed with us the navigation

of our rivers. Sir, if circumstances could ever sanction a dereliction

of right, and a compromitment of interest, those circumstances, then,

might be said to exist. Then, indeed, there might have been a semblance

of apology, in our infant and crippled state, for leaning, in some

measure, on the strength of a nation which was supposed to stand firm.

I confess, sir, I would rather, even at that time, have had no treaty,

than such a one as was then made; it has set a bad example. But what

was our situation in December, 1806--adverting again to circumstances,

which are made the test in this case, when the treaty, since rejected,

was signed in London? Our strength and population increased to a most

envious and flattering degree; our foreign debts discharged, and our

domestic one, which we had honorably assumed the payment of, reduced--our

credit established abroad, our Treasury overflowing, and our resources

flourishing; manufactories of arms were every where reared, and had

furnished the nation with the best means of defence; the savages on

our frontiers were subdued, or civilized; our Southern frontier was

extended and had grown strong: England, instead of her prosperity and

powerful combinations of 1793, was left almost single-handed; the

subordinate powers of Europe had become a part of France, the great

nations were either under her control, or struggling in their last

efforts of disastrous conflict: France, instead of being confined to

the defence of her own dominion, was carrying on offensive war, and

England had been made to tremble for her own existence. What then are

the circumstances alleged, to palliate the evils of such a treaty as was

offered us? Was England about to be suddenly relieved in an instant from

her embarrassments and burdens? How? We are told, indeed, that France had

pushed her conquests too far, that her Emperor had so far stretched his

arm of conquest, as to leave himself exposed to the most imminent danger

at home; was it therefore that England elevated her hopes, and carried

her demands? Stuff, sir, fit only for the cook-shops and coffee-houses

of London; I should never have expected it to find its way into the

semi-official letter which has been read to us, from a character who has

deservedly stood high in the rank of politicians. But our own internal

situation, threatened with conspiracy, the extent and magnitude of which

was unknown, was another reason it has been suggested for hastening the

execution of this treaty. How, in December, 1806, accounts so alarming

could have reached England of the extent of Burr’s conspiracy, I cannot

but be at a loss to conjecture. The alarm at that time here, was not I

believe very serious; not such, at least, as would have been a reason

with any man in this country to have thrown ourselves into the lap of a

foreign nation, or to have made a treaty which compromitted our rights,

and left our interests unprovided for. I must say I think too much

alarm was felt on this subject, and that it would at least have been as

honorable a sentiment towards the people and Government of America, to

have entertained an entire confidence in them, that without any great or

dangerous effort they were capable of quelling the conspiracies which

might be engendered against their peace. I assert that independent of

circumstances which I have endeavored to show were more unfavorable as

they regarded the United States, and far more favorable as they regarded

England in 1794, than in December, 1806, the treaty of the latter

date is worse than that of the former. The former did provide redress

in some sort for previous injuries. That of the latter date contains

no provisions for any kind of redress or compensation, which was due

to us, for the very many spoliations which had been committed on our

commerce--it offers no alleviation to the evils of the former--is silent

as to the injuries and insults which we had sustained in our waters;

totally, sir, although these were subjects of special instruction from

our Government, and although we were told by our embassy that a treaty

was concluded on the different points of commercial interest. Was it

forgotten, sir, to what an immense amount America had suffered under the

different orders of the King in council, even from the very date of the

former agreement for reparation? Were not our losses under the orders

particularly of 1798, which gave rise to so much of the havoc our neutral

commerce had groaned under, and which placed the nations of Europe in a

better situation than the United States in the conveyance of colonial

produce, known to our Ministers? It must have been recollected, for it

was enforced in their instructions, how our vessels had been incessantly

sent into the ports of Britain and her colonies for adjudication, and

the unjust condemnations which had taken place, under the construction

of those orders. It must have been recollected how far in the first

instance the orders themselves had gone towards the subversion of

the laws of nations. The time was, indeed, when a great jurist, Lord

Mansfield, had declared, that neither the orders of the King in council

nor even an act of Parliament which contravened the law of nations was

binding on any one; this was said in the case of the Silesia loan, but

those days were past. Sir William Scott has since told us, that the text

of the instructions are his guide, and King George the Third is thus,

by his single voice, to make and expound the law, which is adjudged to

be paramount in modern times to the laws of nations. The adjudications,

it is a well-known fact, have been in conformity to the Royal will,

stimulated alone by the shipping interests of England; principles of

adjudication have been established in the British Courts of Admiralty,

which had on the most unjust pretensions wrested from our citizens many

millions of their property. Why by this treaty give up our claims to

reparation, as they were most emphatically, by signing a treaty which

yielded no redress for them while the claims were still unsatisfied; by

making a compact which wholly pretermitted them? It is said, sir, that

the disputes respecting the colonial trade are adjusted by this treaty.

How--by agreeing to a duty on exports? Where was our constitution, now

so strongly pressed in discussion, when this stipulation was made;

when it was solemnly covenanted, that we should directly invade one of

its provisions by laying an export duty? And that, in addition to the

deduction on drawbacks allowed by law, an export duty of one, two, or

three per cent. should be imposed on colonial articles? Why make the

extraordinary and vain stipulation too, contained in the fifth article,

that we should have a right to lay the same export duty which England

should have a right to impose, if we could lay none by our constitution?

The subject of blockades also, sir, was one on which some stipulation

was made absolutely necessary, by the novel doctrines lately asserted,

and insisted on by the nations of Europe; it was important that their

extent should in some way have been defined, their nature described,

when a blockade should be said to exist, and that it should not be a

question left entirely to the discretion or interest of a belligerent,

or the caprice of her officers. This single question had already led

us at different times to the very brink of war with England. In June,

1793, she asserted all France to be in a state of blockade, and ordered

our vessels to be captured which should attempt to enter any of her

ports with our produce. France had in May of the same year issued an

inhibitory order against our trade, of a nature but little less hostile,

in consequence, as it was said, of the Russian convention made in London,

I think in March of the same year. In the fall of 1793, the British had

issued secret orders on the same principle of blockade, which entrapped

our West India commerce, to an immense amount, before they were known

by us to be in existence; this it was said was a principal reason for

the proposition contained in a bill for prohibiting all intercourse with

England, which had in the early part of 1794 received the sanction of

the House of Representatives, and was rejected in the Senate but by the

majority of one vote, and which was succeeded by Mr. Jay’s mission. To

the same class, too, may be assigned the British orders of May 1795,

against our vessels laden with provisions, which brought President

WASHINGTON to a stand on the British Treaty, and caused him, it is said,

to demand a previous explanation, which was at that time I presume,

satisfactorily made, but which has been since in innumerable instances

violated, and the same vague and undefined principles of blockade

enforced; at one time by declaring a blockade to exist from Brest to the

river Elbe, at others by proclamations of blockade equally extravagant,

and more than once by the declaration of the British naval commanders,

that a whole kingdom should be cut off, at a stroke of the pen, from all

the trade of neutral nations. But, sir, if the general and extensive

evils which the new doctrine of blockades had superinduced, were not of

sufficient importance to claim a stipulation against their exercise in

future, there was one species of injury which seemed really to merit,

and to claim indispensably, some notice either by redress or stipulation

against its future practice. I know not how to class it; it may be

assimilated to a modern blockade, inasmuch as it assumes a jurisdiction

wholly ideal; I mean that which was a particular subject of complaint,

from the assumption made of a right by a British naval officer in the

port of New York, in claiming jurisdiction and the exercise of the right

of impressment, and of course every one less inimical to natural right,

within the distance of the buoys from his ship. To this assertion of

authority I see no disclaimer in this applauded treaty, or any hint at

redress for the injury inflicted by the particular occasion on which it

was exercised. If this new claim of naval sovereignty is insisted on, or

thus tacitly permitted, it is time it should be so understood; for with

the same propriety with which the British commander in New York claimed

jurisdiction within his buoys, another might claim British jurisdiction

from Boston to Charleston, if he could so far stretch a cable.

I come now, sir, to say something on the question of impressment, wholly

omitted in the treaty, and which the gentleman from Virginia has said

was informally and satisfactorily arranged by the note of the British

Commissioners on that subject. He has said that their note contained a

stipulation, “that they would order their naval commanders to abstain

from the practice of impressments on board American vessels.” I confess

I was astonished at the declaration. It is true the printed document

has not been furnished till just now. I presume the note of the 8th of

November, 1806, to have been alluded to, because something like the

same defence on this subject has been used by one of the American

Commissioners in his late letter to the Secretary of State, (although,

indeed, until I heard that defence read, I had not understood that any

improper dereliction of the American interests had been imputed to our

Ministers; I had always understood, and, except in the letter alluded

to, and the arguments of the gentleman, I have yet understood from

every source of information open to me, that it was not expected by our

Ministers that the treaty could be ratified by the American Government,

but that it was the best they could obtain;) I could not think the

quotation of the gentleman correct as to the language of that note. I

mentioned then, sir, to those who sat near me, that I had understood it

to convey no promise to abstain from the practice of impressment, but a

vague and unsatisfactory declaration that the British naval commanders

should be instructed to use caution in the impressments they made; as

it was said they had been always before instructed; by that means, sir,

placing ourselves, if we choose to recognize this informal stipulation,

in a worse situation than before, inasmuch as it was an unequivocal

acknowledgment of the right of impressment, when exercised under the

caution of a British officer. And what, sir, is the language of this same

note of November 8th--we have it now before us: “His Majesty’s Ministers

give to Mr. Monroe and Mr. Pinckney the most positive assurances, that

instructions have been given and shall be repeated and enforced for

the observance of the greatest caution in the impressing of British

seamen, and that the strictest care shall be taken to preserve the

citizens of the United States from any molestation or injury; and that

immediate and prompt redress shall be afforded upon any representation

of injury sustained by them.” How, sir, let me ask, have those officers

conducted themselves under these repeated instructions? To say nothing

of the continued violations committed on our merchant vessels, we have

indeed had a most notable example of the extreme caution which her naval

officers had no doubt been instructed, and were determined to observe,

in the mode of impressments, in that excessively cautious plan adopted

by Admiral Berkeley, to effect his honorable and loyal purposes, in

the memorable attack upon the Chesapeake. Then, sir, I must admit,

that in pursuance of what I now believe were his orders, the most cool

and deliberate caution was used. Our frigate, on an outward voyage, on

the very day she left her port, in the usual unprepared state in which

I am told vessels of war sail in time of peace, is with the utmost

caution pursued by the British ship of superior force, in sight of

several others. The American frigate is overtaken; her men, proved to be

American citizens, are demanded of her, as of right being the subjects

of the King. They are refused, and indeed, sir, I must acknowledge, with

peculiar caution, before it was possible for our frigate to prepare for

action and the defence of the honor of her flag, the British commander

fires three broadsides into her, and commits the murder of fifteen or

twenty other American citizens, and no doubt most cautiously compels the

United States frigate to strike her colors, goes on board, and takes off

three of the native citizens of our country, none of whom have to this

day been returned!

But, sir, if this treaty, with its appendages, had contained in it

provisions and stipulations which were responsive to our injuries, and

which comported with our rights, is there a man in this nation, who

consults the dignity and honor of his country, who could have wished its

assent to it, subject to the condition dictated by the King of England,

and transmitted by a note of the British commissioners annexed to it? The

gentleman from Virginia has spoken of the insult conveyed by the letter

of Champagny of the 15th of January, 1808, to our Minister in Paris;

its terms have been grammatically scanned. Sir, there was no need for

this; we are at no loss for subjects of humiliation and insult, whether

we look to France or to England. As early as 1793, attempts of the most

unjustifiable nature were made to involve us in war by both these powers.

Lord Grenville, so early as that time, expressly told our Minister,

without disguise, that the British orders of November in that year were

intended to have an internal effect upon the affairs of this country.

Such has ever since been the conduct of the belligerents, constantly

and undeviatingly pursued in the most disrespectful manner, towards us;

such was certainly the object of the British Cabinet, in annexing the

note of the 31st of December, 1806, to the treaty of that date; and

certainly, sir, if a direct attempt to force us into war, is considered

an insult to our independence, and an encroachment upon our rights of

self-government, such was the language of that note, which, in open and

unreserved terms, made it an indispensable condition to the ratification

of the treaty, “that the Government of the United States, by its conduct

or assurances, will have given security to his Majesty, that it will

not submit to such innovations in the established system of maritime

law,” as the French decree therein alluded to contained--his Majesty

thus most graciously taking upon himself the right of determining for us

what course of conduct we should pursue towards his enemy! I do not say,

sir, that the letter of Champagny, which has been repeatedly mentioned

with such asperity by the gentleman, is such a one as consists with the

respect due to us; by some gentlemen its language has been construed

to mean a proposition originating in a disposition of friendship, and

to convey nothing more than an offer, founded on a supposition of the

actual existence of war between Great Britain and the United States,

and in that event, to take care of such of our property as should be

exposed to capture, until there should be an opportunity of restoration;

but to me, sir, I confess the language is not satisfactory. We have a

right to expect from all nations something more, or something less than

equivocal language. Our Government speaks in terms of friendship, and in

the plain language which neither conveys a doubt as to its hostility or

friendship; we have a right to expect the same frankness in others. But

why, sir, should gentlemen who profess to feel, and I hope do feel only

as Americans, suffer their sensibilities to transport them to battle

with the Gallic Cock, while under heavier insults they seem disposed to

succumb to the British Lion? Why is the letter of the British Minister

of the 23d of February wholly forgotten, when we are undergoing the

humiliating revival of insults and threats? Is it less awakening to our

national sensibility, and to the alarms of honor or interest, to be

told, as we are by that letter, that his Majesty the King of England is

disappointed in his just expectation that we should have gone to war

with France, than to be told through our Minister at the Court of France

that the Emperor of that nation expected we were at war with England?

If insult was intended by either, it seems to have been measured by the

same equal standard with which they have by their hostile orders measured

their injuries to our commerce; perfectly in the spirit of retaliation,

sir.

My astonishment, sir, has indeed been excited more than on any former

occasion, when I have heard a gentleman condemn our Government for the

rejection of a treaty, which provided no redress for former injuries, no

security against future ones, and which, by the conditions annexed to it,

would have infallibly, by stipulating resistance against a belligerent,

directly have involved us in war; and that not a war of self-defence, but

a war of alliance with one of the powers, for the purpose of resistance

and offence against the other. War, sir, I hope will be avoided,

notwithstanding the bold attempts to involve us in it, and which have

been so steadily pursued by the contending nations. It will I hope be

avoided, unless our self-defence shall render it indispensably necessary.

Attack or invasion from France cannot be rationally contemplated. War

with England, we must all agree, rests on more uncertain grounds; if

any thing will prevent it, I believe it to be the course pursued by our

Government. The resolution under discussion explicitly avows the terms

on which we will consent again to renew our intercourse with Europe.

If Great Britain is induced to relax, France must and will pursue the

same policy. I think, sir, we have a right to believe, from the best

information from England, that this relaxation will take place. I am

aware of that disposition in the ruling party in England to go to war

with us. I have no right to doubt the truth of the declaration of Mr.

Monroe, that there is a party in that country strong and active indeed,

as he has described it to be, who are disposed to hostility with us,

and who are at all hazards determined to support the maritime supremacy

of Great Britain; they are described to be the navy interest, the East

India chartered companies, the West India traders, and the shipping

interest--strong and active indeed, sir; they sit at the elbow of

Majesty, and influence his ready will; but their temptations to war are

removed by the embargo, and I hope will continue to be so, until they

rescind those orders which have cut us off from the commerce of the world.

But the power contemplated by the resolution, of meeting any friendly

disposition on the part of the European powers, is to be withheld,

because it would add too much to the already overgrown popularity of

the President, who, like Julius Cæsar, has been offered the honor of a

Crown! It is true, sir, the demonstrations of confidence in the present

Chief Magistrate are general and sincere in many parts of the Union.

At the time the only address of this kind was proposed, which I have

ever understood originated in Virginia, I had the honor of a seat in

her Legislature. It was introduced and supported by the description of

politicians there denominated the _Republican minority_; in what spirit

of sincerity I leave others to judge at this day. But, thank God, it was

not permitted to progress; and thus the person to whom it was intended

to be presented was saved the suffusion of a blush, which the evidence

of such adulation from his own State would for its sake have infallibly

produced.

On this occasion an attempt is made to alarm us, by the assertion that

the administration of the Government is assimilating itself to that

of a monarchy; and it is said that the power of the President is more

dangerous than that of a British King. Has the gentleman weighed the

extent of this assertion, or contemplated the powers of a British King?

In power, unrestrained as he is by their constitution, (if constitution

that can be called, which consists of unsettled and undefined practices,

most of them originating, no one knows where, and founded on principles

which cannot be traced to any rational ground--a constitution which,

notwithstanding their declarations of rights, is perfectly incapable

of restraint upon the Executive arm; which subjects the Parliament to

the King; which makes it completely _his_ Parliament, and deludes the

people with the show of liberty, while they are governed by the single

voice of a monarch--yes, sir, it is _his_ Parliament,) has he committed

any great act of outrage on the nations of the earth? He feels the

pulse of _his_ Parliament before he permits them to convene. _His_

Parliament, I may again emphatically call it; for it is he who orders

it into existence, and he who suspends its functions or dissolves it at

will. If its pulse does not beat responsively to his wishes, he either

dissolves it or postpones its meeting from time to time, as has been

the policy with the present Parliament, which, if it had met at the

time first appointed, scarcely less than a revolution might have been

apprehended, from the general ferment the execrable conduct of England

towards Denmark had excited, and the head of our old master might have

atoned for that unprecedented act of criminality; for, as such, it had

been contemplated with abhorrence by a magnanimous people--a people who

felt for the character of Englishmen in the commission of it. There are

men there, sir, I acknowledge, who do honor to human nature. When we read

the speeches of Erskine, and other great men in the present opposition,

we may yet hope that there may be found enough of integrity in the nation

to redeem its character from the stains of murder and robbery, which the

conduct of its monarch has marked it with. Yet this is the King to whose

power that of a President of the United States is said to be assimilating

itself. By what instance, let me ask, does it appear that we are verging

to the practice of a corrupt monarchy? Is it in the proposition involved

in this resolution? No, certainly; for I have before proved that the same

powers, and much more extensive and unqualified, have been delegated at

every period of our Government, from its commencement to the present

session. Is it from any other general assumption of power? No; for it is

acknowledged by all that the present Administration has acted in perfect

consonance with the powers of the constitution, and I will add, (what its

enemies have before allowed,) with the most strict and unceasing regard

to the interests and happiness of the people.

Why are we warned, sir, on this floor, against authorizing the

President to do an act which may enhance his popularity so much as the

removal of the embargo, and that it is another mode of adding to that

influence already so overbearing? If, indeed, the embargo operates most

distressingly, (as we all know it does, on every part of the community,)

it is he who in the first instance, from the strong sense of duty,

assumed on himself the responsibility (the _odium_, the gentleman would

call it) of the measure. It is but fair, then, however ludicrous the

charge in itself, that he should be left to regain the popular favor he

is supposed to have lost. It will only leave him where he was.

But, sir, seriously, let me ask gentlemen to tell the nation, before

we separate, what they will do. Is there any one so desperate,

inconsiderate, or so wild in his opinion, as to say the embargo ought at

the present time to be removed, while the hostile Orders of France and

England are both enforced with the utmost rigor against us, and when they

have multiplied, and been extended in their effects since the expediency

of the embargo was fully decided on? What is the obvious alternative?

Either authorize its removal, when our safety will permit, or continue

in session to wait that event. But why, sir, sit here, at the daily

expense of many hundred dollars to the community, when we shall have

transacted the business of the nation, merely because some gentlemen are

now doubtful of the right or the policy of delegating to the President

a power which has, in much stronger and more general terms, been before

intrusted to him, and all who have preceded him? But, if any thing

better than this can be devised, let it be submitted. For my own part,

I promise to give it the attention its importance may merit. But, at the

least, let us unite in the adoption of some measures for the safety and

interest of our country, at this time so imminently jeopardized by the

powers of Europe.

Mr. MASTERS.--Mr. Chairman, I shall not undertake to say that the

rejected treaty is so advantageous as we had a right to expect. I do not

hesitate to declare that, or even Jay’s Treaty, is preferable to the

present state of our affairs. If we take into our view all the relative

circumstances of the British nation with France, Russia, and the other

belligerent powers, and pay proper attention to the unprotected and

defenceless situation of our country and our commerce, in forming our

ideas of what we ought to expect from that nation whose navy commands

the seas, can we then expect she will sacrifice that navy, or any part

of her power, by conceding the point of search for her seamen on board

of neutral vessels? It is inconsistent with their interest, and it is

inconsistent with their superiority. This right of search for her own

subjects, Mr. M. considered as the main block in the way of negotiation,

which sound policy and interest require we should clear away. The British

and American Commissioners had informally put this point on as good

footing as he expected. Although the resolution under consideration is

not properly limited and defined, he should not vote against it. His wish

was to raise the embargo and arm our vessels. The nation could not bear

the pressure. The embargo virtually inhibits all intercourse with foreign

nations; the effects are and will be pernicious to the agricultural

productions of this country, and produce will fall to the lowest ebb,

and enforce the most unparalleled distress on the community. Commerce

ought always to be left to the merchant, unshackled and unembarrassed, as

much as possible. Our commercial intercourse is the principal resource,

both of revenue and commercial opulence. The embargo will tear up by the

roots and annihilate the commerce of this country. And the effects will

be heavy taxes, an exhausted Treasury, a diminished and ruined revenue.

It weakens your own power, fetters your operations, and deludes your

citizens; it devours not only the fruits but the seeds of industry. It

will sink down and depress the nation to an absence of hope and a want of

resources; it will be felt by the nation as a calamity, without deciding

the general question of dispute. Prove to me the embargo is consistent

with common sense, and will be the means of adjusting our differences

with the belligerent powers, and I will then be an advocate for it.

Though we have the constitutional right to lay an embargo, it is a matter

which requires great consideration, whether the measure will have the

effect to which it was seemingly intended. It may be good in theory;

he esteemed it chimerical in practice, a mere speculative proposition.

Wisdom is to be gained in politics, not by one rigid principle, but by

looking attentively at causes and the effects they have or will produce;

not by adopting that false philosophy, which seeks perfection out of that

which, in its nature, is imperfect; which refers every thing to theory,

and nothing to practice; which substitutes visionary schemes for solid

tests of experiment, and bewilders the human mind in a chaos of opinions.

Search all the histories of the world, and you will not find eleven

hundred thousand tons of shipping, of one of the greatest commercial

nations, embargoed for an unlimited time.

Mr. Chairman, the season of our severe trial is not at an end, nor are

we yet relieved from the dejection and gloom which hangs over our heads;

doubts and uncertainty mingle with the hopes and expectations of the

people. If you bring our commerce into the situation of the Chinese, you

will end in the wild state of nature, that mocks the name of liberty, and

the human character will be degraded, instead of being free.

If you entertain a sense of the many blessings which you have enjoyed; if

you value a continuance of that commerce which is the source of so much

opulence; if you wish to preserve that high state of prosperity by which

the country has, for some years past, been so eminently blessed, you lose

all these advantages by continuing the embargo and neglecting to arm your

vessels. Restore, then, confidence and vigor to commerce. You are at war

with your own interest and every idea of policy; instead of protecting

commerce you destroy it.

In whatever view the embargo presents itself, it appears to me to be

fraught with impolicy; it was laid at midnight; that miserable scene

was closed under the darkness which suits with it, and under the secret

shelter of our own walls. If we are to go to war, you have, instead of

warlike preparations and exerting every sinew of national ability, laid

an embargo, and obtained just nothing.

The policy of France, as regards Great Britain, is to make a warlike

non-intercourse, and we have, by a side-wind, fallen into the measure,

adopted and sanctified it; we have abandoned the great highway of

nations: our dispute with Great Britain is about commercial rights; we

have given them up.

Is this country at that crisis when we shall surrender all those rights

her citizens hold most dear? God forbid! I have contemplated upon the

embargo, which is hazardous and impolitic, with great pain and anxiety,

and I turn my face from it with horror. If there are any who improperly

foster and countenance the threatening storm, whatever consequences may

follow, they are answerable to their country and their God.

All the advocates of the embargo on this floor have admitted that it was

oppressive and a curse. Take away this _curse_ and arm your vessels. It

does not follow, as the gentleman from Virginia (Mr. LOVE) supposes, that

arming will involve us in a war. When Great Britain finds we resist the

French decrees, she will revoke her orders of council. When France sees

she cannot bring us into her views, she will revoke her decrees.

Mr. FISK wished to say a few words on this subject. I am very much

surprised, said he, at the expressions of the gentleman last up, and

the gentleman from Virginia, (Mr. RANDOLPH,) yesterday. They expressed

sentiments which, if they once take root in this nation, will prostrate

your liberties and rights at the feet of foreign Governments. The

gentleman who just took his seat has observed, that the subject of

impressment was the main block in the way of negotiation. Very true, it

was, sir; it goes to the personal liberty and security of your citizens;

and if you surrender that right, what do you expect those citizens

will say to you? Do you expect they will greet you with, “well done,

thou good and faithful servant?” What can the gentleman think when he

recollects the sensation displayed at New York on the death of Pierce, in

consequence of the exercise by Britain of the right of impressment? Were

those tears and lamentations feigned, or were they the sincere effusions

of citizens feeling the injury done them, and burning with indignation

at seeing their fellow-citizens murdered almost before their face? If

we could believe what the gentleman now suggests, we should suppose

that the liberties and lives of our citizens were of no value compared

with commerce. Why do gentlemen tell us these things? Are they sincere?

They cannot weigh life or liberty in the scales with sordid pelf; it is

impossible.

It has been observed by the gentleman from Virginia, and it seems to have

been intimated by the gentleman from New York to-day, that the question

of impressment was by the rejected treaty placed on better ground than

ever was expected; that something like security was afforded to the

United States; something on which we could rely: and this assertion is

brought in with no other view than as a defence of British measures

and a crimination of our own. Let us see the language of the British

Minister, in order to ascertain the fact. In the letter from Mr. Canning,

dated October 22, he says, in answer to our Minister’s pressing this

same question for some security, “no engagements were entered into on

the part of His Majesty, as connected with the treaty, except such as

appear upon the face of it. Whatever encouragement may have been given by

His Majesty’s Commissioners to the hope expressed by the Commissioners

of the United States, that discussions might hereafter be entertained,

with respect to the impressment of British seamen from merchant vessels,

must be understood to have had in view the renewal of such discussions,

not as forming any part of the treaty then signed, (as the American

Commissioners appear to have been instructed to assume,) but separately,

and at some subsequent period more favorable to their successful

termination.” It would seem, however, from what was observed yesterday,

that this was left, though informal, on such a settled basis, that it

might have been satisfactory.

If my memory serves me, the Secretary of State says these vexations are

greater than ever. The British Government was never serious in making any

settlement against this practice. We find, in the first place, that the

British Ministers never yielded that right. We find that Mr. Canning,

in answer to our Ministers, tells them they were not to consider the

late proclamation respecting impressments as any new regulation on the

subject; that the proclamation was not considered in that light, but

merely as conveying instructions to the British commanders who might

be at a loss how to act; that the proclamation had been framed for

nearly three months, but never issued until that time. If it had been

in existence for three months, it must have been framed at the very

time that the attack on the Chesapeake was in view; that was to try the

sentiments of this country, and they meant to steer their course by them.

Therefore, it is not an instruction given to naval commanders, lest they

should mistake their duty from the late incidents, because it was framed

before the attack on the Chesapeake took place. It unfortunately happens

that the British Government has not, in this case, covered its object.

I am a little surprised to hear gentlemen telling us that arming our

merchant vessels would not produce war. Why arm, if they are not to

defend themselves? If the belligerents defend their proceedings, will

they not resist our vessels arming against their orders? Could it be

done without being met by a declaration of war? But the gentleman from

New York has told us that if we suffer our merchants to arm, the British

would consider it a sufficient token of our resistance to the French

decrees, and remove their orders of council. You have seen all the

decrees and orders which make innovations on the law of nations, and

subject our commerce to plunder. Are those of France the most hostile?

Is the aspect of that nation the most hostile? Compare the letter of

Champagny, which declares that our vessels shall be held in sequestration

depending the measures of this Government, with the note of Canning, as

well as the communications from Mr. Erskine, and what was the result?

Look at the treaty which our Government is on this floor condemned for

not signing, with the note annexed, declaring that if we submit to the

decrees of France, His Britannic Majesty would consider himself bound not

to observe the treaty. This note contained a threat; but it was nothing

to what Mr. Canning, in observing to our Ministers on this subject, says:

“His Majesty cannot profess himself to be satisfied that the American

Government has taken any such effectual steps with respect to the decree

of France, by which the whole of His Majesty’s dominions are declared in

a state of blockade, as to do away the ground of that reservation which

was contained in the note delivered His Majesty’s Commissioners at the

time of the signature of the treaty; but that, reserving to himself the

right of taking, in consequence of that decree and of the omission on

the part of neutral nations to obtain its revocation, such measures of

retaliation as His Majesty might judge expedient, it was, nevertheless,

the desire and determination of His Majesty, if the treaty had been

sanctioned by the ratification of the President of the United States, to

have ratified it on His Majesty’s part, and to have given the fullest

extent to all its stipulations.”

With regard to this treaty, I have no idea of entering into its merits.

The gentleman from Virginia, yesterday, seemed to be extremely anxious

to justify the treaty. He might have postponed its defence until it

was before us, or at least until it was assailed. I will observe that,

whatever might have been the intention of our Ministers, they placed the

United States in a very disagreeable situation, obliging them to declare

that they had no right to negotiate such a treaty. It has given occasion

to Mr. Canning to say, “some of the considerations upon which the refusal

of the President of the United States to ratify the treaty is founded,

are such as can be matter of discussion only between the American

Government and its Commissioners; since it is not for His Majesty to

inquire whether, in the conduct of this negotiation, the Commissioners of

the United States have failed to conform themselves in any respect to the

instructions of their Government.” He then goes on to animadvert on the

conduct of the American Ministers. Had they kept within the real limits

of their own instructions, they never would have given occasion for this

reflection on them.

On the score of informal negotiation it will be recollected that from

the earliest days of the Government to the present time, the subject

of impressment has been pressed upon the British Government, not only

in times of war, but in times of peace. If there were in reality any

foundation for the charge on our Government, of having sacrificed

the interest of, or lost a security to, our seamen, by a rejection

of this informal article, it will be only necessary to recur to the

correspondence between our Ministers and the British Commissioners, and

it will be found that not only formal, but informal articles were such as

we ought not to have accepted; that reasonable concessions on our part

were offered for the sake of accommodation and refused; that the Treaty

of 1794 was, in some measure, proposed as the basis, but was not accepted

by the British Ministry. Let me ask the gentleman for a single moment

what were the terms offered in this treaty, which he regrets that the

Government did not accept? Independent of its exceptionable provisions,

it was accompanied by a note which contains a reservation to the British

Government to regulate its own proceedings, and leaves us but two

alternatives--either to declare war against France, or suffer the British

Ministers to rule us. What do they offer us now? If we will trade as

they please, and pay them a duty on all our exports, we may carry on our

commerce. Is it possible that any man who professes himself an American

could accede to this? The spirit of 1776, refusing to pay a duty of two

per cent. on tea, would certainly not now yield that for which they then

contended, and become again tributary to the British Government. This is

not all. Even this admired treaty, which the gentleman from Virginia so

much regrets, allows us to trade to the colonies if we will pay tribute.

Was it not easily discoverable that two, three, four, or five per cent.

would be laid upon the trade, and virtually prohibit us from carrying on

this commerce altogether? It was better than prohibition: but if we would

not tax it, they would prohibit it altogether. What right had they to

demand this? Certainly none, and yet gentlemen wish to raise the embargo,

to embrace these regulations, open all our ports to this fettered

commerce, and will not place it in the power of the Executive to suspend

the embargo. I am a little astonished that gentlemen who consider the

embargo as the heaviest curse which could befall this nation, should be

against any measure for removing its pressure. But so it is. Here permit

me to say that I admire the flexibility of the gentleman’s sentiments.

It must be well known to every gentleman in the House, that a gentleman

from Virginia, in combating measures which were then carried into effect,

as the non-importation law, said, that if we take measures at all, they

should be strong measures; none of your milk-and-water measures, but an

_embargo_; which would be an efficient measure. This same gentleman,

at the present session, exclaims against the Executive influence which

produced the embargo. At this very session we cannot forget the scramble

between him and another gentleman in this House, (Mr. CROWNINSHIELD,)

as to who should have the honor first to propose the measure; he even

urged expedition in the measure, as he had a bill ready prepared. In the

course of deliberation on the subject, he urged it as the only thing

which could promote the national interests; and persisted in this, till

one of his colleagues informed us of the effect which it would have upon

Britain. He then rose and told us that he had done with the measure;

that the measure was partial--not unconstitutional--that it was a new

invention; that it was expressly aimed at Great Britain, and this was

the great objection. But _now_ we are told that the British Government

will ask nothing better of us than giving up the carrying trade. But,

unless the gentleman can prove that they are the carriers for their enemy

and for us, he will find it difficult to prove that it favors England.

Really I am at a loss to see the difference between the proposed measure

and that which the gentleman so long since supported for authorizing

the President of the United States to suspend the non-importation law.

But the gentleman disclaims the influence of precedents. The gentleman

has another objection--that it proceeds from a recommendation from

the Executive. The gentleman took the liberty to pay a compliment to

the President of the United States for declining a re-election; but he

expressed great resentment against those States which solicited him to

retain his station. I consider this as the highest mark of respect for

the course pursued by the present Administration. But it seems, although

totally irrelevant to the subject under discussion, the gentleman from

Virginia has undertaken to question the motives of all who have joined

in the request. The man who has the vanity and arrogance to suppose that

he is superior to all mankind, may boast of his republicanism, but he

possesses none. I envy him not his sensations. It will be recollected

that the constitution has not denied the right of a President, for two

successive terms, again to be elected. The legislatures, then, did not

travel out of their constitutional course, and it would have been as

modest in the gentleman from Virginia--to say no more of it--to have let

the subject alone.

In regard to the constitutionality of this measure, which has been

questioned, the bill supported by the gentleman from Virginia two years

ago, was to enable the President to do a thing at a distant day, if he

should think it expedient. What is the object of the present resolution?

To put the whole commercial interest at the discretion of the President?

Certainly not. If certain events take place, the President is to be

authorized to suspend the operation of the embargo law. We command;

he obeys. He is the agent, we the principal. The law, giving power to

suspend the non-importation law, was more vague than this resolution. In

that he had a perfect discretion, there was no landmark laid down in the

law. Here there is. The distinction taken by the gentleman from Virginia

is a distinction without a difference. The principles of both are the

same. The powers given, and the consequences of the exercise of those

powers, are the same.

But it seems that the gentleman from Virginia has undertaken to arraign

all the measures of Government taken for some time past. A few days

ago he was violently opposed to the raising a military force. At the

present moment he draws consolation from the circumstance that both Great

Britain and France are hostile to us. If he really feels a satisfaction

in the hostile attitude of both powers, he ought certainly not to

complain of the acts which he says have placed us in that situation.

I cannot conceive how a man can with propriety arraign the conduct of

an Administration, when he says their measures have produced the very

effect for which he is so gratified. We learned from his observations

the other day, and it was insinuated again yesterday, that the raising

of an army was against the interest of the country. In 1805 and 1806, he

was in favor of strong measures against Spain, for he said in the same

proportion as we took measures against Spain, Great Britain would respect

our rights; because France and Spain being one and the same, measures

taken against one were also against the other. But the effects of strong

measures seem now to be viewed in a different light. If it was just then

to raise an army against France or Spain to make them respect our rights,

it is certainly proper now to take strong measures against both France

and England, except the gentleman show that the dispositions of nations

as well as of men have changed since that time. At the present time the

military spirit is a horrid thing; at that time, it was a very pleasant

thing.

For a single moment let us consider the embargo. The gentleman says it

is unconstitutional. That the constitution having prohibited the power

of laying a duty on exports, denies the power to prohibit exportation

altogether. There is no difference in this respect between the

non-importation law and the embargo. If the argument be true, you must

allow trade at all times, whether it furnish a means of annoyance against

yourselves or not. Is it not a well-known fact, that Great Britain is in

the utmost want of supplies for that navy which murders your citizens

and blocks up your ports; and, therefore, you partially disarm them.

However gentlemen please themselves and amuse the people--for that will

be its only effect--with the idea that the embargo is a pleasant thing

to Great Britain, we find that, even by the debates in their Parliament,

their orders are considered as measures so hostile, that they expect a

declaration of war. How happens it that we become their apologists? that

their conduct strikes gentlemen on this floor in a more favorable light

than it does the Britons themselves? They consider them as too strong.

These members of Parliament must be much mistaken if some gentlemen in

this House are correct.

To return to the embargo. I believe most religiously, that had it not

been for sentiments expressed in this country so favorable to Great

Britain; had it not been for insinuations that it was impossible for us

to maintain this measure, before this time we should have been treated

with respect by Great Britain. I cannot, while up, but notice what

must be obvious to all--that not only in this House, but abroad, every

attempt has been made to show that this measure is improper, unjust,

and injurious. The table of this House has been loaded with petitions

against the embargo; it is known from what source. Another circumstance

attends them, that, though they come from different quarters, they owe

their existence to one parent, and come from one land. It is very easy

to sow the seeds of discord and discontent, if persons industriously

and insidiously apply themselves to that object. Whenever a measure

has been attempted against Great Britain, we have found what rancorous

opposition it has met with. We are now asked to raise the embargo. What

encouragement have we to do it? The Treaty of 1794 sacrificed our most

important rights. Did it conciliate that Government? Did she even then

respect your rights? From that moment to the present, your flag and

citizens have been constantly violated. More than three, four, or five

thousand seamen, have been impressed into their service. Is it possible

that gentlemen can criminate the Government of the United States for not

accepting a treaty which gave no security against this? Certainly not.

The gentleman told us yesterday that we were contending with a great

commercial nation, and had very little to offer in exchange for what we

ask. Was it necessary to make this apology for Great Britain? I have

thought very differently. Was our commerce of so many millions “nothing?”

Let us now consider the other point which is taken, that the

circumstances attending the treaty alter the aspect of it--for this

treaty is, to say the best of it, no better than Jay’s, which the

gentleman says he so much abhorred. When Jay negotiated his treaty,

almost all Europe was in arms against France; Spain, and Italy, then

independent nations. When this new treaty was formed, Italy, Spain,

Holland, Switzerland, &c., were at the feet of France; and that war which

was engendered at the Court of St. James between Prussia and France was

decided. Prussia was overwhelmed, and the knowledge of it reached our

Ministers before signing this treaty. Germany was at peace. In this

situation, was the attitude of Great Britain so imposing as to justify

greater sacrifices than were made in 1794? It was not. It was believed

and said in this country, that the arms of Bonaparte would conquer the

world. Why, then, make this sacrifice? Had we any assurances, if that

treaty was ratified, it would be held sacred? On the contrary, doubts

were expressed and conditions annexed to it. Has not her conduct since

justified a refusal of more than informal stipulations? At the moment

when she attacked Copenhagen, she had a treaty with Denmark. She first

attacked the town, and then offered terms of accommodation, which were of

course refused. What can be said in justification of that outrage? There

was, as we were told the other day, some supposition that the fleet was

about to be delivered up to France. It was no such thing, sir; it was

justified on the supposition that the Treaty of Tilsit contained some

secret articles, and the British Government did not know what they were.

When she had taken the Danish fleet and burnt the city, she asked the

mediation of Russia to secure a peace between them. Can we believe her

sincere in these things? If she really believed there were such secret

articles, is it natural to believe that she would ask this mediation to

restore friendship between her and the injured nation? If we could not

see a treachery through this mist, we must be blind. But I would not have

noticed the subject, except that a disposition has been manifested to

criminate our Government, and prejudice the minds of the nation, instead

of looking to the real cause.

I should have supposed, after what has been communicated to us, no

one would have accused this Government of a want of justice in its

negotiations with foreign powers. Whoever has read the instructions

of the Secretary of State to our Ministers, must be convinced to the

contrary. Even on the subject of impressments, they were instructed to

press it in such a manner as not even to irritate the feelings of Great

Britain. A peculiar solicitude has been displayed in all our proceedings

to maintain friendship. It has been all in vain. We have been driven to

the last alternative, either to shut up our ports for a while, or to

fight. What do gentlemen now ask? That we should open our ports to Great

Britain alone; for that would be the effect of raising the embargo. Has

it been in the power of our Government to make a settlement? No. Are

gentlemen willing to put up with what has happened? The terms which Great

Britain has offered, it would have disgraced any people to accept. After

she has attacked your national ship, shed the blood of your citizens,

and obliged you to exclude ships of war from your ports, she requires

that you rescind your proclamation before she will even tell you what

satisfaction she is willing to make. She says, I have abused you; humble

yourself, succumb to me, and I will make such satisfaction as I think

fit. This is the nation for whom you are to lift the embargo, and these

the favors you are to receive in return. I had rather see this nation

again tributary to them than sacrifice so great a proportion of their

independence, than acknowledge that all we have done is wrong, and all

they have done is right. I consider that whenever this nation is reduced

to such a state of apathy as to endure these things, our independence is

not worth a straw. You have certain rights--first principles. Recede from

them, and you open yourself to perpetual violation; if persisted in, they

will prostrate your independence. With these sentiments I cannot consent

to repeal the embargo, and the opposition to this resolution seems to be

founded in a wish to do that.

Mr. KEY.--I rise on this occasion with great embarrassment, because

in no instance of my political life, has any measure called on me to

act, in which the interests of my country were more deeply involved. In

common with my fellow-citizens of Maryland, I feel a total aversion to

the continuance of the embargo, and I am confident I speak the almost

unanimous sense of my constituents in calling for its repeal. However

proper some of them might have considered it in the first instance, as

an experiment from which good might result, yet all now are satisfied

that nothing short of its immediate repeal will save them from great

distress, and that a long continuance of it will induce bankruptcy and

ruin. I am willing, sir, to admit, that those who advocated the embargo

were actuated by the purest motives, and had the best interests of their

country at heart--that they adopted it as a measure from which great

permanent good would result; but time, which tests the correctness of

political measures, has sufficiently elapsed to convince them of their

error--at least it has impressed on my mind a conviction, that we deeply

suffer, whilst those it was intended to operate on, lightly feel its

effects. I was originally opposed to the measure--I still am opposed to

it; although I anxiously wish its immediate repeal, yet I am compelled

to vote against the present resolution, because in my heart and judgment

I believe it is so worded as to violate, if adopted, the Constitution of

the United States--and that I am unwilling to let the repeal of this law

depend on contingencies, not known or designated and which are to grow

out of the acts of foreign Governments.

An honorable gentleman from Virginia, (Mr. LOVE,) who originally voted

for the measure, has this day admitted it to be a curse. I concur

with him, as I hope he will now with me, in a vote and prayer for its

speedy removal. I believe the embargo to be partial in its operation,

oppressive, and, if persisted in, ruinous to the country. These are

strong terms, but if gentlemen will lend a patient ear, I will endeavor

to convince them of their truth, and I will use as much brevity as

is consistent with perspicuity. The view I take of this subject is

extensive, but I hope not diffusive.

The resolution proposes to vest the President with power, on the

happening of certain European events, to suspend the embargo law.

I am against it, because I want an immediate repeal, because it is

unconstitutional to vest the President with power to suspend a law, and

because it is partial in its operation, oppressive, and ruinous.

It is partial in its operation in two respects--first as it regards the

persons on whom it operates, and secondly, as it respects the product

operated on.

The district I have the honor to represent is not bounded on navigable

water. So far then as it respects my constituents, (and many other

districts of different States are in the same situation,) the law

executes itself with rigor. From their geographical position, they

are excluded the means of selling their surplus produce, while this

very law operates as a bounty in effect to the citizens of other parts

of the United States. I call the attention of the committee to the

northern parts of the State of New York. That State binds on Lake Erie

to Niagara, on the whole extent of Lake Ontario, on a great part of

the river St. Lawrence, and the Lakes Champlain and George, and has an

immediate, direct, easy communication with the British, in Upper and

Lower Canada. The whole Genessee country, and the counties lower down,

have a steady, constant market, the prices tempting, the access easy, and

few or no officers to interrupt the daily supplies given to their British

neighbors. We cannot shut our eyes to the fact of this commerce being

steadily carried on.

The embargo, so far as it restrains places from exporting their

surplus produce, goes to enhance the price of such produce in foreign

markets--the enhanced price affords the temptation, and the easy

access gives the means to that country to export it, and in fact, by

excluding others, gives them a monopoly of supply. Near four hundred

miles of northern coast, in proximity to the British settlements, gives

to New York upon the lakes a steady market. Vermont binds on lakes which

communicate with Canada. Passamaquoddy openly and publicly furnishes

supplies to New Brunswick. In this state of things, and in the mode the

law is executed, it is partial and oppressive, and my constituents and

others in similar locations so feel and experience it.

But, sir, there is another portion of our fellow-citizens, on whom this

law executes itself with peculiar severity, I mean the frugal, hardy,

laborious and valuable fishermen of the Eastern States. I see gentlemen

smile at a member of the Middle States supporting the interests of the

fishermen; but, sir, I should think myself illy entitled to a seat in

this House, if I did not know the value of that class of men to society

and the Union. I wish, sir, their numbers, character, and usefulness,

were better known and understood than I fear they are. And as on this

subject my opinions may not be orthodox, I will refer to the head of the

church.

Mr. Chairman, in the year 1791, the now President of the United States,

then Secretary of State, made an able and luminous report on our

fisheries. These are his words: first, as to the annual value of a

fisherman’s labor, secondly, as to the situation and value of the whale

fishery as carried on from a sand bar--

“About 100 natives on board 17 ships (for there were 150

Americans engaged by the voyage) came to 2,255 livres, or about

$416 66 a man.”

“The American whale fishery is principally followed by the

inhabitants of the island of Nantucket--a sand bar of about

fifteen miles long and three broad--capable of maintaining

by its agriculture about twenty families; but it employed on

the fisheries, before the war, between five and six thousand

men and boys; and in the only harbor it possesses it had one

hundred and forty vessels--one hundred and thirty-two of which

were of the large kind--as being employed in the southern

fishery. In agriculture, then, they have no resources; and

if that of their fishery cannot be pursued from their own

habitations, it is natural they should seek others from which

it can be followed, and prefer those where they will find a

sameness of language, religion, laws, habits, and kindred. A

foreign emissary has lately been among them, for the purpose

of renewing the invitations to a change of situation; but,

attached to their native country, they prefer continuing in

it, if their continuance there can be made supportable.”--_Mr.

Jefferson’s report, January 10, 1791, on the subject of the

fisheries._

I call the attention of the committee to every letter of this report, and

then let each member ask himself the situation of the fishermen under the

embargo law.

Sir, by the Treasury report laid on our desks it appears that the

exportation of dried fish alone, in the last year, amounted to

473,924 quintals; and the whole product of the fisheries amounted

to $2,300,000--a sum equal to the one-eighteenth part of the whole

agricultural produce of the United States: thus in effect, in point of

product, adding another State to the Union. Is this class of men, whose

farm is the ocean and whose crop is its fish, to have their whole or

nearly their whole interests sacrificed by the unequal operation of the

embargo? I hope not, sir. I trust gentlemen will see the oppression of

the law, and its partial operation, and remove it.

Again, sir, as, to the product, how does this law operate? The cotton

planter and the tobacco planter have their articles little deteriorated

by time. The embargo, to them, suspends the use of their capital only;

but to those who have flour or fish, the embargo, if continued for a few

months, destroys their capital--the thing itself. In this respect the

embargo works partially; and in reference to its operation on particular

portions of our country, on particular classes of people, or on the

product, it ought to be repealed at once, and without delay.

Sir, it is a very remarkable fact, and not more remarkable than true,

that if you compare the number of fishermen with the product of their

labor, and the number employed in agriculture with the product of

agriculture, that the value of the former to the latter is as ten to

one--a people whose habits and manners are in consonance with republican

institutions, and who are as valuable as the agriculturists. God has

given them a noble estate in the ocean, most bountifully stocked, and

diligently do they work it, with profit to themselves and advantage to

their country.

THURSDAY, April 14.

_Suspension of the Embargo._

Mr. D. R. WILLIAMS felt that the question which was about to be

decided was one of so much importance, every member of the House must

be specially responsible for his vote on it; and, laboring under that

responsibility, he felt it a duty to state some of the reasons for the

vote he should give. I shall vote against the resolution, said Mr. W.,

and in so doing shall not be influenced by the reasons assigned by my

friend from Virginia, (Mr. RANDOLPH,) nor by those of the gentleman from

Maryland. When this resolution was first presented to us, I felt very

much inclined to vote for it; but upon considering it more maturely I

cannot. This I regret exceedingly, because I shall perhaps differ from

a large majority of the friends to the embargo. Gentlemen themselves

who advocate it, if all the consequences which certainly attach to it

are deliberately considered, will I hope give it up. What is the object

of the resolution, or rather of the embargo itself, for I presume it is

intended either to fix the day or the circumstances on which it shall

be suspended? [Mr. RANDOLPH observed that while up he had forgot to

propose an amendment to the resolution so as to declare it expedient

to repeal the embargo.] No, sir, said Mr. W., it is not expedient. This

amendment, however, has cut in upon me unexpectedly; but as the debate

has heretofore been a kind of general battle, partaking of war, army,

embargo, treaty, resolution, and amendment,--I shall be in order on any

point, it has taken so wide a range.

The resolution is pernicious, and for this reason: the embargo is not

designed to affect our own citizens, though I confess it operates hard on

them; but to make an impression on Europe; and beyond all question, the

firmer you stand, the more likely is your measure to have effect. What

is the opinion inferable from the adoption of such a resolution? Does it

not tell the belligerent powers of Europe with whom you are contending,

that you are tired of the embargo; that you are sick of it, and will

accept any modification of their general principles (I would rather say

practice, for they have no principle) so hostile to your neutral rights,

rather than submit to it any longer? I hope this consideration will have

weight with gentlemen, who, like myself, are friendly to the embargo,

for assuredly it is entitled to it. Besides, are gentlemen aware of the

embarrassment they will not be able to avoid in framing a law on such

a subject? It will be scarcely possible to define the circumstances on

which you will permit the suspension to take place, without incurring

one of two risks; either too precise to admit the President’s acting,

for being a law its letter must be fulfilled, or so general as to invest

him with a discretionary power altogether inexpedient. I cannot conceive

a situation more disagreeable than would be the President’s with such

a power. Though I subscribe to what I consider the sound part of the

declarations of the gentleman from Virginia, (Mr. RANDOLPH,) the other

day, as to the tendency this resolution will have to throw a monstrous

and unusual power into the hands of the President, yet I do not believe

it unconstitutional; nor can I subscribe to the arguments of my friend

with respect to the constitutionality of the laws laying an embargo;

for, sir, if they prove any thing they prove quite too much; and did I

possess but a moiety of the eloquence and ability of that gentleman, I

could certainly confute them. I contend that the power to lay an embargo

is granted in the power “to regulate commerce with foreign nations, and

among the several States, and with the Indian tribes.” If you cannot

prohibit commerce with a particular port or nation, of what avail is the

power to regulate it? The law prohibiting all trade with St. Domingo

is authorized by the same clause of the constitution, and yet it never

was supposed to be unconstitutional. Will it be questioned that you

can prohibit exportation from the United States in the vessels of any

particular nation? Will it be questioned that you have a right to exclude

foreigners from trading with the Indian tribes within your jurisdictional

limits? Most assuredly you have these rights, and all derived from

the same general power to regulate commerce. The embargo is not an

annihilation, but a suspension of commerce, to regain the advantages

of which it has been robbed; it follows that it is a constitutional

regulation of commerce. The gentleman read my name among others in the

negative on the passage of the section in the bill to authorize the

President to suspend the non-importation law. I will not undertake to say

what were the reasons of the gentleman for voting against that section,

but I know that my reason was, it vested the President of the United

States with power to suspend the law at the time when we ourselves should

be in session. I thought then as I do now, that it is inexpedient, under

any circumstances, to give the President power to suspend the operation

of a law during the session of Congress.

Mr. G. W. CAMPBELL said, I will now return to the subject before the

House. The gentleman last up, (Mr. D. R. WILLIAMS,) has rendered it

unnecessary for me to enter into a discussion of a part of this subject,

which might otherwise have claimed more particular notice. With that

gentleman I agree, in almost every thing he has said, except as to the

effect which this resolution would have upon foreign nations. If I had

supposed that this measure held out to foreign powers the slightest

pretext for believing that we are so tired of the embargo as to be

induced to repeal it, under any circumstances whatever, except such as

are consistent with the honor and dignity of the nation, I would be the

last man to propose it to this House. But under a conviction that this

resolution can have no such effect, that it holds to foreign powers a

language directly opposite to this, and that they will see in it the

only object which its supporters can be fairly supposed to have, to

put it in the power of the Executive to remove, a pressure, as soon as

circumstances will render it proper, which is acknowledged to bear hard

on the American people, and must continue so to do so long as the causes

that produce it remain unchanged, I have brought it before the House,

and under this impression alone am I disposed to support it. So far,

sir, from thinking that it will induce foreign nations to believe we

are disposed to remove the embargo, before the causes that produced it

are first withdrawn, I am clearly of opinion that this resolution will

convince them that we are determined the embargo laws never shall be

repealed, until they revoke their orders and decrees, or until we shall

have determined to appeal to war, the last resort of an injured nation.

They will see, in this measure, what is believed to be the true principle

that ought to direct our conduct--a firm determination to persevere in

the embargo until they are brought to a sense of justice, or until that

crisis in our affairs has arrived, that will make it our interest and

our duty to resort to arms in vindication of those rights which have

been so grossly violated--and then the embargo may not be necessary. War

and an embargo at the same time are seldom supposed to be necessary;

an embargo frequently precedes war, but scarcely ever accompanies it.

These remarks are made, because so many misrepresentations have gone

abroad with respect to the objects, the effects, and probable duration

of the embargo, and the views of those who imposed it. Some considered

its operations directed against one nation alone, to wit, Great Britain;

while others of the same party declared it could do that power no injury.

The first of these positions is not founded on any facts to support it,

the laws imposing the embargo being general in their operation; and the

result, as far as we can judge from the best information that has yet

reached us from that nation, proves the latter to be totally incorrect.

Some pretended to state it as a measure that was to be permanent, and

forever unalterable, and on that ground opposed it; while others on

the same side pronounced it a temporary expedient, a mere chimerical

experiment, that was not designed to be persevered in for any time, and

therefore declared it useless, and likely to produce no good. In answer

to such contradictory objections, it would seem almost unnecessary to

say any thing. The one would appear to destroy the other. Those who

made them have been equally incorrect in stating the views of those who

imposed the embargo, as they have been unfortunate and inconsistent in

the grounds upon which they have opposed it. No one could reasonably

suppose the embargo was intended to remain forever, to be a permanent,

unalterable measure, or to continue longer than the existence of the

causes that produced it. Neither ought it to be supposed that it

would be removed during the existence of those causes, unless some

alternative was resorted to in its place. These representations, or

rather misrepresentations, are therefore futile, not founded in fact, and

calculated only to deceive and mislead the public mind.

The objects of the embargo have already been stated to you. These were,

among others, to take a stand previous to an expected war, to prepare

the nation to meet it; to collect and preserve at home our resources

and our seamen, from being captured by foreign powers; to produce a

pressure on those foreign powers, that might make them sensible of the

advantages they derived from our trade, and, by making them feel the

want of it, bring them to a just estimate of their own interests, and a

sense of justice toward us; and also to pause for a short time in order

to determine what system we ought to pursue. These were, it is believed,

the principal objects of the embargo. The time has not yet arrived that

puts it in the power of this nation decisively to determine with which of

the belligerent powers we must go to war, if, indeed, it be necessary to

go to war with either. The conduct of those powers has not been such as

to induce us to consider either the one or the other friendly disposed

toward us--and it might be hazarding too much to go to war with both

at the same time. It is not, therefore, the proper time, either on the

ground of peace or on that of war, to remove the embargo, as has been

insisted upon by those who have been opposed to the measure. But it

has been contended by some who are friendly to the embargo, that the

resolution before you holds out to the belligerent powers a ground for

believing that we will repeal the embargo laws, without any change being

first made in their measures relative to our commerce. I am unable to

see any thing in the resolution that justifies such an opinion, or that

presents to those powers any prospect of their removing the embargo,

until they revoke their orders and decrees, or change them in such a

manner as to render our commerce safe. What does the resolution say

to the belligerent powers? Is not its language clear and explicit? It

says to them you must act first, before the embargo shall be removed.

The Council of the Nation have solemnly so determined; your orders

and decrees have produced the embargo, and it shall continue until

you withdraw them. It is announcing to those nations in the strongest

language in our power that we are determined not to shrink from the

ground we have taken; that we will not relinquish the measures we have

adopted, until they first withdraw their measures so destructive to our

commerce, and then the embargo shall be removed--then the commercial

world will be unshackled, and trade restored to its usual channels, to

its full liberty. This resolution will turn the eyes of the American

people to the real source of their present difficulties--the conduct of

the belligerent powers, in passing their orders and decrees, by which

they have bound in chains or rather annihilated the commerce of the

civilized world; in these they will see the true cause of the embargo,

the reasons that render it essentially necessary to save our trade from

certain ruin; and to these they must look to unbind the chains and permit

trade to return to its usual channels, and pursue its natural course. On

these grounds, and with this view, this measure was brought forward, and

is now supported by me.

FRIDAY, April 15.

_Death of Mr. Crowninshield._

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