to the injuries stated in the Declaration of Independence and to our present situation, they will find that our present corresponds with our then situation in almost every point. Great Britain has refused her assent to an equitable settlement of our differences; she has refused atonement for the affair of the Chesapeake; she has cut up our trade with all parts of the world; she has plundered our seamen, ravaged our coast, and destroyed the lives of our people; she has constrained our fellow-citizens taken captive on the high seas to bear arms against their fellow-citizens, to become instruments of oppression on their own people and of the violation of our commercial rights; she has excited or attempted to excite the people of this country against their own Government. In every stage of these oppressions we have sought redress, by negotiation, in the most humble manner. The cup of humiliation is filled to the brim. The world knows it-you must not shut your eys against the fact, that you have no alternative, but an abandonment of the ocean and submission to Great Britain, or the protection of our rights by force. Before you submit, burn your Declaration of Independence, tear down the emblems of liberty which adorn this splendid hall, and trample them under foot, that they may not exist to reproach us with a departure from the spirit of our fathers. I wish that the spirits of the departed heroes could rise in this assembly during the discussion of this question. If they had addressed you, would they tell you of your weakness, or appeal to your fears by proclaiming your inability to protect your rights? They would banish such idle stuff from this hall. TUESDAY, January 23. H. OF R. Mr. MUMFORD presented a petition of sundry inhabitants of the State of New York, to the same effect with a petition presented yesterday from sundry other inhabitants of the said State.Referred to the committee appointed yesterday on the petition aforesaid. A Message was received from the President of the United States, transmitting an account of the contingent expenses of Government for the year 1809. A message from the Senate informed the House that the Senate have passed a bill, entitled "An act authorizing the fitting out, officering, and manning, the frigates belonging to the United States," to which they desire the concurrence of this House. JOHN THOMPSON. Mr. JOHNSON, from the Committee of Claims, made a report on the petition of John Thompson, referred on the second instant; which was read, and referred to a Committee of the Whole House on Friday next. The report is as follows: That, from documents accompanying the said petition, and seeming upon the face of them to be correct and authentic, it appears that the petitioner was a captain in the Revolutionary war, and belonged to a regiment commanded by Colonel Hazen, called "the Congress's own regiment;" that after he had served as captain in the said regiment, "with honor and reputation," for about one year, he entered as a colonel into the service of Pennsylvania, to defend that State against the Indian incursions, having previously solicited and obtained from Major General Sullivan leave to retire from the Army, What does the Declaration of Independence on account partly of his ill state of health, but princitell you? That you have a right to establish pally because his proper rank had been withheld from him; that in recruiting and for the pay and subsistence commerce. Britain tells you that you have not of his company in the said Congressional regiment, a right, and you are at issue on one of the great the petitioner expended considerable sums of money, principles of freedom. Does not your Declara- which your committee are convinced have never been tion of Independence declare: "That as free and fully reimbursed to him: and that, from two accounts independent States they have full power to levy made out by Edward Chinn, paymaster to the regi war, conclude peace, contract alliances, establishment, one during the war, and the other in the year commerce and to do all other acts and things which independent States may of right do?" Britain says we have not the power-and what are we about to do? To submit; for this bill is submission. Before we submit, let us make one effort at least to preserve the independence of our country; let us take the advice of Hercules to the carter: "Whip thy horses, set thy shoulders to the wheel, and then call upon Hercules." Let us set our shoulders to the wheel; and, if we cannot protect our rights, then and not till then, let us fold our arms and call upon Hercules. Mr. DANA observed that, although opposed to the bill, he should vote against postponement, because of the embarrassment and fluctuation such a course would produce in mercantile transac tions. The question was taken on postponement and negatived. Mr. GARDENIER assigned reasons why he deemed it proper to vote for the bill. When he concluded, an adjournment was called for and carried, and the House adjourned. 1788, and from a letter written in 1809, by Mr. Nourse, the Register, it is manifest that the petitioner's account has never been finally adjusted. The petitioner has exhibited an account showing a balance of two thousand six hundred and twenty-nine dollars and five cents in his favor against the United States; which account, together with the vouchers supporting it, the committee have attentively investigated. Every item in the account is established to the entire satisfaction of the committee, except the charge of three hundred and forty-three dollars and thirteen cents, for of the company in the month of August, 1777. the pay The embarrassing and difficult situation of the regiment in relation to the enemy in that month, is offered by Captain Thompson as the cause of his not being able to produce a regular pay-roll in support of the charge or particular item alluded to. Let this item be stricken from the account, and then it appears that the United States are indebted to the indigent petitioner in the sum of two thousand two hundred and eighty five dollars and ninety-two cents; but by the several resolves and statutes of limitation passed by Congress, his claim, in the eye of the law, is satisfied. The petitioner, however, alleges that, in his case, the prin ciples of equity ought to control the rigor of the law, because he endeavors to prove, and has indeed satisfied the committee, that the settlement of his account within the time limited by law, was prevented by cireumstances not within his power. The letter of the Register already referred to, and his certificate thereto subjoined, show that the petioner attended in person, and also by Mr. Nourse, his agent, at the office of the Commissioner of Army Accounts, in New York, for the purpose of getting his account settled, but that an adjustment of it did not not take place in consequence of "some difficulty" arising out of the unsettled situation of the accounts of Lieutenant Colonel Antil, of the aforesaid regiment. To obviate this difficulty, the petitioner states that he had made unremitting efforts for the liquidation of his account with Edward Chinn, the paymaster of the regiment; presuming that if he could succeed in this, his account would then be admitted by the agent of the United States. It appears, as well from the said letter of Mr. Nourse, as from the petitioner's representations, that his efforts were fruitless, and that Chinn not only refused or neglected to make a complete statement or settlement of the petitioner's account, but the petitioner moreover alleges that he was unable in due time to obtain from him such papers as were deemed indispensable for its adjustment. Chinn died; the statute of limitations began to operate, and here the subject rests. In reporting in this, as in all other cases, the committee consider themselves bound by the law of the land. Could they indulge their feelings on the present occasion, they would not say to an old soldier, who has bravely fought the battles of his country, that his just claim is extinguished by the mere lapse of a given number of years, during which he had not the means of enforcing it. Not compassion alone for a poor soldier, but the mandates of justice, would impel them to speak a very different language. Conforming, how ever, to the positive limitations of Congress, they submit the following resolution: Resolved, That the prayer of the petitioner ought not to be granted. AMERICAN NAVIGATION BILL. Mr. EPPES moved to postpone the further consideration of this bill till to-morrow; which was negatived, 51 to 50. JANUARY, 1810. the same privileges under this bill as registered vessels. Mr. HALE spoke against the bill. Mr. MACON said, he had spoken so often in the Committee of the whole House on the bill, as well of the principles which it contained, as on the detail, that he regretted to be under the necessity of again speaking, but observations had been made, which compelled him to do it; he promised, however, that this should be the last time he should address the House on the question, and that he would endeavor to keep as clear as possible of the arguments heretofore delivered. be in a worse situation than it has been. If it be It is no question now, sir, whether the nation in a worse situation, that situation has been produced by the unjust acts of Great Britain and France, neither of which can with truth charge the nation or its Government with partiality for the other. France pays no regard to her treaty with us, and Great Britain attacked the frigate Chesapeake, and impresses our seamen; put these out of the list of wrongs done us by them, and there is no difference in their conduct towards us. The true question then for us to decide is, what ought to be done in the present state of the country, and of the two great belligerents of Europe? If we mean to continue at peace with both, there can be no doubt but we ought honestly to endeavor to do that, which shall be right as it relates to both. This House has heretofore formally resolved, and I believe every member who has addressed you has declared, that he would not submit either to the Decrees of France, or the Orders in Council of Great Britain. Do nothing and what follows? I will not say; but the nation will surely decide. The bill before you has never been considered by me a very strong measure; though not a strong measure, it is certainly very in this nation be carried into complete execution; far from submission, and such a measure as can to say the least of it, it is a fair protest against the acts of both Great Britain and France. And can you do more at this time and preserve peace? If open war be preferred, there is cause enough against both. If the bill be rejected, what pacific system will Mr. GOLDSBOROUGH moved to amend the bill, you adopt? None has been mentioned during the by inserting after the clause for repealing the non- long time this bill has been debated; it would intercourse law the following words: "except so much thereof as repeals certain acts therein men- been yet thought of. The first objection made seem, therefore, to follow, that no better had tioned." The reason assigned by Mr. G. for this to the bill, was, that it would operate solely on motion was, that, the embargo law being unlimi- England; but, very lately, it has been discovered ted, and the non-intercourse law repealing the em- that it will scarcely be felt in England, and that bargo being a temporary law, it might be con- it would operate solely on France. Can any arceived that when the non-intercourse law expired gument more strongly demonstrate the imparor was repealed, the embargo law would be re-tiality of the bill, than these contradictory objecvived and again in force. This not being the intention of the House, he was desirous to put an end to all doubt on the subject. The motion was agreed to without a division. On motion of Mr. PITKIN, the words “ or having sea-letters" was inserted after the words "registered vessels" in the 5th section, ayes 78. The operation of this amendment will be to permit the sea-letter vessels now in existence to enjoy tions? If, however, it be true, that it will operate harder on them than on the other; that is not tions, with which we have nothing to do; it is owing to the bill, but to their different conditheir acts and not the uncommon situation in which they both now stand, that have injured us. The bill declares to both, that their public and private ships shall not enter our waters, and that their produce and manufactures shall not be brought here, except in the manner prescribed in it, and either of them may at any time, by withdrawing their unjust edicts, prevent the operation of the bill as to the nation withdrawing. And really it seems a little strange, that no one has attempted to amend the bill, so as to make it operate impartially, accordingly to his opinion; when it has been objected by some, that it would operate partially against England, and by others, that it will operate partially against France. The truth is, sir, that a fair examination of it will convince any man, that the system will operate as equally on both nations as any that can be devised, in their present situation; and in determining what we ought to do, we ought not for a moment to forget the power which one has on the land, and the power which the other has on the sea, nor ought we to expect that France will regard the freedom of the sea, when she does not regard the freedom of the land; nor ought we to expect that Great Britain will regard the freedom of the land when she does not regard the freedom of the seas. In examining our foreign relations, especially with respect to a Legislative act, we ought always to have in view the situation of the two belligerents: without this it will be difficult indeed to preserve our neutrality and peace, and those who think it unwise to preserve these any longer, will undoubtedly vote against the bill. But, before they do this, I hope they will look at the Governments which have at one time or other taken part in the wars and struggles of Europe for the last twenty years. Many of the Governments are destroyed; no matter whether Republics or Monarchies, all shared the same fate, and new Governments have sprung up in their places without a single Republic among them. I ask gentlemen to tell me, what must have been the condition of the people during all these wars and all these revolutions? To those who talk so much about war, I address myself; and it is a little strange, that notwithstanding we have so many war speeches, we have no war motions. The United States are now the only neutral nation in the civilized world-to them is committed the sacred trust of preserving neutral rights, and to no nation are they more valuable. And to those who talk so much about war, permit me, sir, to inquire, whether they can seriously believe we shall be so likely to do this by war, against those who do not respect them either on land or water, as by other means; if they do seriously believe that we can compel France and England in any reasonable time to do this, I am willing to confess they have rather more faith on this point than I have. But, if we cannot easily compel England and France to observe our neutral rights, does it follow that we should not keep up a protest against the violations of them? to me it seems not; but, on the contrary, that it is our duty to do so; that whenever the time shall arrive, when the Governments of civilized nations shall incline to respect the public law and morality, that then there may be a standard to appeal to; and then, if not before, we shall find the advantage of the plan now proposed over that H. OF R. of war, and then we shall reap a real advantage from the course which this nation has so honorably pursued, and which it is still her interest to pursue, I mean impartial neutrality. While Europe continues in her present state no consideration, unless we are actually attacked, ought to induce us to go into the war, either on the side of England or France. They have both been anxious that we should engage in it on their side, and would no doubt make fair promises to persuade us to engage; but when once engaged, you would be considered as bound to them at least for the war, and their fair promises all forgot. Those who complain so much of our present situation, and those who speak so often and so much about war, for they both oppose the bill, ought to cast their eyes on the nations of Europe who have been plunged into the war, either to better their condition or vindicate what they supposed to be the honor of their Government, and compare our situation with that of the nation which they may think has suffered least, and they will find cause to rejoice that their lot has been cast to live under a Government and in a nation, both of which has had discretion enough to keep out of the war which has nearly ruined all that engaged in it. I should like to be informed, whether the gen tlemen who talk so much about war have turned their attention to the existing state of commerce? Have they ascertained the number of sailors now in foreign ports and on the high seas? Have they calculated the value of the ships and cargoes now out of the limits of the United States, so that they can inform the House of the number of seamen and the amount of capital, which may be jeopardized by the adoption of war measures? Have they, as a preparatory measure, advised that messengers should be immediately sent to Europe, and to the ports of Asia frequented by our merchant ships, to inform our countrymen of their danger, and advise them to return home as soon as possible? Have they even thought of an embargo, to prevent the sailors, the ships, and cargoes, now at home, from leaving the country? And whatever may be said at this day about an embargo, I agree to the truth of an observation, made by a gentleman from South Carolina, (Mr. TAYLOR,) that no Administration, which acts wisely, ever will go to war without first laying one to get the sailors, vessels, and capital, which may be in foreign countries, at home, before a declaration of war shall be made. We have been told that we could take the Canadas; this is not doubted, but, while we are taking them, Great Britain may take as many of our vessels and as much property now without our limits as would be four times their real value-without considering the unfortunate situation of the seaman who is made a prisoner, probably before he knows that the country is in war. Considerations like these seem to have no weight; no matter what consequences result, we must have energetic measures; war pell-mell, to get clear of this bill, which is said to be downright submission. This seems to me, especially in the present state of our affairs, to be a new sort of submission. Is it submission, openly to tell the two most powerful nations in the world, you shall not come here? No, it is not. The very prohibition is an act of sovereignty; while one declares it to be submission to France, another declares it to be submission to England; though both agree that it is submission, they disagree as to the Power to which it submits. Nay, sir, it has been said, that this is entirely a mercantile question, and that farmers and planters ought to have nothing to do with it. Then farmers and planters ought not to pay any part of the expense which may grow out of the present state of our affairs. The fact, however, is, that the nation is made up of planters, farmers, merchants, mechanics, and professional men, and all have an interest in the question; and it surely affects the pecuniary interest of the planter and farmer, more than it does that of the others. Double freight does not affect the merchant. He makes his profit, and the agricultural people pay it for every expense attending his trade, he lays an additional advance on his goods, and the agricultural people make all good to him. Besides, sir, the President in his first Message told the House, that he had authorized our Minister at London to inform the British Government that another Minister would be received here, undoubtedly with a view to adjust our differences by negotiation. What would be thought of our Government, if, after making this communication to a foreign Power, we were to do that which some gentlemen have told us we ought do-make open and manly war? Nay, sir, suppose Great Britain should send another Minister, and instead of his finding the Administration ready to receive him, and to treat with him as he expected, he is met by a declaration of war, and told to return home? This would not be like the dismissing the late Minister for indecent expressions in his letters. To me it seems there would be nothing candid, nothing honorable in transacting our national affairs in this way; it would be a departure from the principles which have always governed the nation. JANUARY, 1810. All that they have contended for, according to my understanding, is this, that in the present state of Europe, and of the United States, they have not been able to discover a better system, a system that would operate less on ourselves, and at the same time have some operation on Eng land and France. My colleague said a great deal about war and energy. I have already endeavored to show, that war, under the existing circumstances of the nation, would be injurious; I will only add that, by declaring it at this moment, you would put it in the power of Great Britain to take probably one hundred millions of our property, and twenty or thirty thousand of our sailors. I have not seen the force of the observation of my colleague, as applied to the question now be fore the House, that Great Britain enforces her orders on the ocean by her navy. He cannot ! am sure, suppose that our little navy, with all their bravery, could enforce our laws on the ocean, if opposed by all the maritime strength of the world; and the navy of Great Britain is able to do this. It is done by physical force and not by words; and when we talk about maritime war, we ought to compare the means we have with the end to be obtained. He thinks this the proper time to make war on Great Britain, because she is on her last prop and almost ready to fall If it be so, there is no occasion for us to give aid, to kick her down. Let Bonaparte have the sole credit and honor of putting her down. I under stood my colleague to say, that the friends of the bill were desirous of having a war with Great Britain, but were afraid to declare it. This, sit, is not the case with me. I am not afraid to de clare my sentiments upon any question, either of war or peace. I am not desirous of war with any nation on earth, nor will I consent in the present state of the world to enter the war which has so long ravaged Europe, either on the side of France or England. But whenever the National Government shall declare war, I shall be found as ready to adopt the necessary measures to carry it on successfully as any man in this House or it this nation. Again, he told us that this is the There is nothing in the bill which prevents the Legislature from adopting any other measure-very time to make the attack, because all the na the bill may pass, and the House may hereafter adopt such energetic measures as may be thought advisable. A gentleman from New York (Mr. Roor) lately told us, that which we had been told before, that the bill was resistance to France and submission to England, He has completely proved that Napoleon had submitted to England, as he did that we were about to do it. He told us that Napoleon by his folly was aiding England to carry her Orders in Council into effect. If then to carry her Orders in Council into execution be submission, Napoleon has submitted; but neither his folly nor the bill on the table are submission. My colleague, (Mr. SAWYER,) who is for very strong measures, seems to think that the friends of the bill consider it a certain cure for every complaint to which the body politic may be subject. None of them have yet said so much for it. tions of Europe are leagued against her-this is no reason with me, because I am most decidedly against joining any European league, or having an alliance with any European Power. I am opposed to joining the fate of this happy country to that of any nation in the world; nor do I wish to have a Minister at the Congress, which Napo leon is to call to settle the maritime rights and se cure the freedom of the sea. I have no faith that it will be done by him. Give him power on the water, and he will do as he has done on the land. Give Great Britain power on the land, and she will do as she has done on the water. But, above all, this weak bill produced the second Message of the President of the United States. If that Message has any bearing on the question, according to my weak understanding, it is most decidedly in favor of the bill; indeed it is not easy to conceive how the President with propriety could have said more Annapolis, Mr. Reed gave notice of a bill to a bill to that effect read twice, and referred read the third time, and passed Army and Navy, Mr. Giles submitted a resolu- agreed to, and a committee appointed B. Bank of Alexandria, a bill to continue the char- Page. read a second time, and ordered to a third 665 read the third time, and passed · 666 651 647 Bank of Potomac, bill to incorporate the, read, &c. 9 516 592 612 636 638 a report from the Secretary of the Treasury, 515 647 650 a bill to that effect reported, read, &c. |