APRIL, 1808.] Judge Innes. [H. OF R. Thomas Newton, Wilson C. Nicholas, John Porter, Mr. RANDOLPH then moved to strike out of the bill the words "under certain conditions; " for nothing could be more certain than that the bill contained no certainty.-Negatived without a division. men-are making fifty or sixty per cent. by usury; or making still more by usury of a worse sort-buying the property of their neighbor at less than one-half its value: and well they may afford to appropriate their money to such profitable uses, supposing character, morals, religion, honor, and every thing dear to man, trodden under foot by Mammon. Are these alone the effects which result from the embargo? No, sir; you are teaching your merchants, on whose fidelity, on whose sacred observation of an oath, when the course of events returns to its natural channel, your whole revenue depends; you are putting them to school, and must expect to take the consequences of their education. You are, by the pressure of the embargo, which is almost too strong for human nature, laying calculations and snares in the way, teaching them to disregard their oath for the sake of profit; and do you expect your commerce to return to its natural channel without smuggling? You may take all your Navy, and gunboats into the bargain, with all which you cannot stop them. Those men who now export so many barrels of flour from our markets, will not pay the high duties on wines and groceries when they can avoid it by evasion of the laws; for they will have learned the art of evading laws; they will have taken their degrees in the school of the embargo. This is the necessary result. You lay temptations before them too strong for their virtue to resist, and then, having cast your daughters into a brothel, you expect them to come out pure and uncontaminated. It is out of the question, and I venture to predict that the effect of this measure upon our imposts and our morals too, sir, will be felt when not one man in this assembly shall be alive. Every arMr. SMILIE moved that the report be commitrival from the West Indies tells you of the car-ted to a Committee of the Whole, with a view to goes of flour daily carried in, until it becomes a let it lie over until the next session. The select point of honor not to tell of one another. committee in considering the testimony before Mr. LEWIS's amendment was then negatived them, which consisted of those documents before -ayes 22. the House, had thought they did not contain sufficient matter on which to ground an impeachment; at the same time that they felt a disposition to pursue the inquiry if other testimony could be had, which did not appear possible to be had during the present session. A postponement of the subject would give an opportunity to procure testimony pro and con. The bill having been reported to the House by the Committee of the Whole, the House then proceeded to consider it, and several motions made to amend it, all of which were rejected. The bill was then ordered to a third reading -ayes 56, noes 27. To-morrow being named for the day, was lost-yeas 28. It was then ordered to be read this evening, without a division. And having been read a third time, Ordered, That the Clerk of the House do carry the said bill to the Senate, and inform them that it has passed the House without amendment. On motion, the House then adjourned. WEDNESDAY, April 20. Judge Innes. On motion of Mr. RowAN, the House took up for consideration the report of the committee appointed to inquire into the conduct of Harry Innes-56 to 26. Mr. ROWAN was opposed to commitment, as he thought it could answer no purpose but to delay a decision. For himself he was of opinion that the documents already before the House were abundantly sufficient for the conviction of Judge Innes; at least sufficient on which to ground an impeachment. It certainly was not for the interest of the community, if this man exercise of his high authorities longer than were guilty, that he should be continued in the could be avoided, and therefore, in justice to the United States, and to the people of Kentucky, an early decision should be had. The question was then taken (half-past ten) by yeas and nays—yeas 60, nays 36, as follows: YEAS.-Lemuel J. Alston, Willis Alston, jun., Ezekiel Bacon, David Bard, Joseph Barker, Burwell Bassett, William Blackledge, John Blake, junior, Adam Boyd, Robert Brown, William A. Burwell, William Butler, Joseph Calhoun, George W. Campbell, Matthew Clay, Howell Cobb, Richard Cutts, John Dawson, Josiah Deane, Daniel M. Durell, John W. Eppes, William Findlay, James Fisk, Peterson Goodwyn, Isaiah L. Green, J. Heister, James Holland, David Holmes, Daniel Isley, Richard M. Johnson, William Kirkpatrick, John Lambert, Robert Marion, William Mc- Mr. R. then took a view of the testimony Creery, John Montgomery, Nicholas R. Moore, Jere- contained in the report of the committee of the miah Morrow, John Morrow, Thomas Newbold, | Legislature of Kentucky in the case of Judge H. OF R.] General Wilkinson. Sebastian, on which he dwelt at some length, stating more than one fact proved by it, which he thought would of itself be a sufficient ground for removal from office of a judge of the United States. Nothing could be gained, he said, by sending the subject to a committee. The people of Kentucky were alive to the subject. They had manifested their anxiety in regard to it, and their attachment to the Union by sending forward to this body a solemn resolution expressive of their desire for a full inquiry, and on this subject he thought the zeal of the State should not outstrip that of the nation. This commitment and consequent postponement would be a manifest disregard of the act of an honorable State, to whom the House should not show disrespect. He concluded by hoping that Kentucky would be permitted to have a judge who was truly an American; one who could not tamper with the enemies of his country, and about whom should be such an atmosphere of repulsion as to prevent him from being selected as a fit object for corruption. Such a judge as this Kentucky wanted. Mr. SMILIE said neither his respect for the State of Kentucky, nor yet any suspicious circumstances, should affect his feelings; he wanted testimony to satisfy his mind of the guilt of the man. None but legal testimony could be received on trial for impeachment, and such he wished to see before he voted for commencing an impeachment. Setting all other considerations aside, the House had now but four days to sit, and it would occupy the whole of that time at least to discuss the subject, were it now to be decided. Mr. TAYLOR had been one of the select committee, and in the minority on the report which they agreed upon. Whatever might be the opinion of the committee, he thought the House were bound, from the respectable source from which the subject had been presented, to act upon it during the present session. With respect to the evidence necessary to prove a misdemeanor, it was not necessary that they should put their finger on the statute book to find the offence, for common sense would decide it. A judge of the United States had been dismissed from office for drunkenness, much less a misdemeanor than conferring with the agent of a foreign Government for purposes injurious to his country. It was said that Judge Innes had, instead of being as he ought to have been the preserver of peace in the community, suffered a foreign agent to make communications to him, and then to pass quietly out of his jurisdiction. The House had now ground sufficient to commence a process of impeachment, for the simple oath of a person saying that he has good cause to believe such an one guilty of any offence was sufficient ground for a judge to commence a prosecution against the person accused, and so also good ground of suspicion was sufficient for the institution of an impeachment or incipient process in this case. [APRIL, 1808. He thought, therefore, that there was no occasion for commitment, as it was moved with a view to postpone the subject. Mr. Fisk was averse to a hasty decision on this subject. He was by no means convinced of the guilt of Judge Innes; for although the Legislature of a State had declared an opinion on the subject, States as well as individuals might err, and it did not become this body to found its decisions on popular prejudice or reports, but to examine impartially. Mr. F. then went over the evidence contained in Judge Innes's deposition in the case of Judge Sebastian. It did not appear, he said, that Judge Innes had personal knowledge of the facts which he stated in his deposition, but from common report, for they were notorious in Kentucky, and were known in Massachusetts at the same time. He said he wished, as much as the gentleman from Kentucky, to see our judicial springs pure; but he wished not to oppress when there was no hope of conviction, nor to harass when there was no hope of punishing. MONDAY, April 25. General Wilkinson. Mr. CLARK said it would be recollected by the House, that he had some time since been directed to make a statement in relation to General Wilkinson. He now held in his hand a correspondence with the Spanish Government, which he would lay upon the table, as it went to substantiate the facts contained in that statement. These papers were read, and consist chiefly of memoranda in the handwriting of Philip Nolan, and purporting to be instructions from General Wilkinson to Thomas Power, and of answers from Thomas Power. Mr. RANDOLPH moved that they be printed. Mr. SMILIE opposed the printing, as, if it were indeed testimony, this House was not the tribunal to decide upon it. Mr. RANDOLPH said it was certain, that from the noise in the House, or some other cause, the papers as read could not be understood. They appeared to embrace a correspondence of Philip Nolan, said to be the agent of General Wilkinson, with Power, and in the course of them there was a recommendation that General W.'s handwriting should not be used. He presumed that gentlemen felt more interested in these than in the papers every day laid on their table and printed. Mr. SMILIE said they had had enough of this business of denunciation, and he wished no more of it. He was willing that the papers should be sent to the court of inquiry, but he would go no further. Mr. RANDOLPH called for the yeas and nays on the motion for printing. Mr. RHEA supported the motion for printing. The question was then taken by yeas and nays on printing, and carried, 52 to 30. On motion of Mr. KELLY, APRIL, 1808.] Home Manufactures. [H. OF R. Resolved, That the papers and information | operation, he hoped they would propose a rerelative to the conduct of General James Wil- peal of it. kinson, which have been this day communicated to this House by DANIEL CLARK, Esq., be transmitted to the President of the United States. Five o'clock, P. M. The bill from the Senate to authorize the President, under certain contingencies, to suspend the non-importation law, having been called up, and a motion having been made to postpone it indefinitely, Mr. NEWTON begged the House to consider one moment before they postponed this bill. They had already passed a law authorizing the President of the United States to suspend the operation of the embargo law, in the event of a general peace, or such accommodation to neutrals as should render the commerce of the United States safe. Now, in the event of that law being suspended, it might also be proper to suspend this. Mr. EPPES said it appeared that the question of suspension of the non-importation act was very different from that of a suspension of the embargo. The former was a measure of coercion on Great Britain, and whether it had that effect or not, he believed at the time the law was passed that the only way which we could operate on that power was by commercial restrictions; and he felt now free to declare, that if ample reparation were made for the outrage on the Chesapeake, if the decrees were withdrawn and every injury redressed, that he would hold on upon the non-importation act so long as the impressment of our seamen remained. Whenever you take off this, said he, you have nothing to enforce your rights as to impressment, nor as to that system of commercial pillage which has been adopted by Great Britain. We know that the embargo was imposed as a measure of safety. It was to give us time to make preparation to meet the event. If the decrees which produced Mr. NELSON said he should never vote for the embargo are withdrawn, the embargo may the repeal or suspension of this law. He hoped be withdrawn with propriety. But let me ask to see the time when it should become a per- any gentleman whether he believes that any manent regulation; he would not yield to any circumstances which produced the non-importaof the powers of Europe, and he wished to be tion act will be removed? Whether they beindependent of them. There were many things lieve that Great Britain will give up her system now imported from Europe which could as of impressing seamen? If he does, let him look well be made in our own country. If they at the course she has adopted. After appointcould be as well made, he considered it sounding a Minister to negotiate with you, she has policy to give a preference to our own manu-issued a proclamation, establishing the right of factures, and so far to prohibit theirs as to effect a preference of our own. Whether in this principle I am right or wrong, said he, I am certainly right in this: That at this late period of the session it is impossible to discuss such a question as this, and therefore I wish the motion to prevail. Mr. BURWELL said he would add but a single observation to those of the gentlemen just sat down. He was in favor of postponing the bill indefinitely, because he wished it to be understood that we have a right to make all regulations we please respecting our commerce, or trade, or aught else, without consulting the dispositions of any power whatever. He wished it to be understood here and elsewhere, and therefore he was in favor of postponement of this bill. Mr. MARION said he was one of those who originally voted for the non-importation law, and he had never repented his vote; but he voted for it under a firm persuasion that it would go into operation. It had been afterwards suspended because there was a negotiation pending and a prospect of accommodation; but if it were the determination never to suffer it to go into operation, he had much rather see it repealed. If it were to be kept in suspension, hung up like a rod in terrorem, it would merit ridicule. What cause could there be for suspending it at present? Any negotiation pending? He believed not. If it were the understanding of a majority that the bill should not go into impressment on its broadest footing. Shortly after, it was declared by the King, at the opening of Parliament, to be one of those rights which never could nor ever would be admitted. I was originally in favor of the nonimportation law, and I am still so. If gentlemen take into consideration all the circumstances which produced the law, I will venture to say that there is not a man in the House originally in favor of it who can now vote for its suspension. It has never yet been fairly in operation. It is now indeed a law of the land, but its operation is virtually suspended by the embargo. I am in favor of its going into operation, and never will consent to its suspension till its intended effect be fulfilled, or the experiment is made. The question of indefinite postponement was carried-58 to 29. Home Manufactures. Mr. BIBв said, that notwithstanding the difference of opinion which had taken place occasionally between the members of this House during the present session, on questions of policy, he was pleased to perceive that no difference of sentiment existed in regard to the injuries done us by foreign nations. He believed that but one spirit actuated the people of the United States that they were attached to their country, and to their country alone. He wished not only by professions, but by practice, to show foreign nations that we can live with 710 ABRIDGMENT OF THE DEBATES OF CONGRESS. H. OF R.] Adjournment. [APRIL, 1808. out them. He therefore offered the following | As to the ladies, if they were to legislate on the resolution: Resolved, That the members of the House of Representatives will appear at their next meeting clothed in the manufactures of their own country. Mr. MACON would never agree to a resolution which they could not enforce. Congress have nothing to do with this subject. He could not conceive what effect this resolution could have. If it was intended as a pledge, he was not willing to give it; if to have force, he denied their authority to enforce it. Mr. RHEA said, if the House adopted the resolution, he should pay no regard to it. He would appear in what clothing he chose, this resolution to the contrary notwithstanding. Mr. EPPES admitted that the resolution could have no force; it was intended to express the feelings of the House. He should rejoice to see every member of the House and every man in the nation, clothed entirely in the manufactures of this country. It would establish an independence of the best kind. The proposition was a valuable one, and he wished to God that the ladies could be placed in a situation to adopt a similar resolution. If he were to appear in the manufactures of his own State, he must be confined to a homely garb; but if the resolution passed, he would, before the next season, have cloth manufactured for his use in his own family. Mr. E. calculated that a million of men in the United States wore broadcloth coats, and if they were all manufactured in this country the saving would be immense. Mr. MACON did not conceive it fair that those who like him had no wives at home to make them coats, should not only be reproached for their misfortune, but pointed at as sinners. He had during this session bought himself a suit, but he was not able to obtain American manu facture. His friend from Maryland (Mr. NELSON) had procured him a hat, and that was all that he could obtain of American manufacture. subject he did not believe that the gentleman from Virginia, (Mr. EPPES,) fond as he is of the ladies, would persuade one in the House, or in the nation, to agree to such a resolution. Had I a wife, I should be willing to see her dressed to her own satisfaction. The ladies have a right to dress as they please, and he did not care who knew it. The gentleman from Virginia reminded him of a neighbor who used often to say, O, how rich we might be, if it was not for the expense of eating and clothing! Mr. BIBB said he had hoped that the resolution would be at once adopted unanimously. He did not wish to provoke debate, and therefore withdrew his resolution. Adjournment. Mr. G. W. CAMPBELL, from the committee appointed on the part of this House, jointly with a committee appointed on the part of the Senate, to wait on the President of the United States and inform him of the proposed adjournment of Congress, reported that the committee had performed that service, and that the President had signified to them that he had no further communication to make to Congress during the present session. A message from the Senate informed the House that the Senate, having completed the legislative business before them, are now ready to adjourn. Ordered, That a message be sent to the Senate to acquaint them that this House, having finished the business before them, are now about to adjourn until the day appointed by law for the next meeting of Congress; and that the Clerk of this House do go with the said message. The Clerk accordingly went with the said message, and, being returned, Mr. SPEAKER adjourned the House until the first Monday in November next. INDEX TO VOL. III. A Act, Embargo, the, 641. ADAMS, JOHN QUINCY, Senator from Massachusetts, 6, 163, Address of Senate and House, in answer to President's Admirals in the Navy.-See Index, vol. 2. African Slaves.-See Index, vols. 1 and 2. ALEXANDER, NATHANIEL, Representative from North Caro- Algerine War.-See Index, vol. 1. Alien and Sedition Laws.-See Index, vol. 2, Seditious Allegiance, Foreign.-See Index, vol. 1. ALSTON, WILLIS, jr., Representative from North Carolina, 6: necessity of designating the persons severally, whom law of the land, 7; amendments offered to the form and ⚫ paid to the experience of the last election? 27; the most |