APRIL, 1820.] Duelling. [SENATE. ent members of the Union, and might sanction | not to annoy, murder, and massacre one anor give color to an impression that Congress contemplated a similar result, at some time, in this instance. Mr. JOHNSON replied, to obviate the objections of Mr. KING, and enforce his reasons in favor of the motion; after which the resolution was agreed to-ayes 15, noes 14. WEDNESDAY, April 19. The Navy-Seven Small Vessels. The bill authorizing the building of a certain number of small vessels of war was taken up in Committee of the Whole, where the object of the bill and the necessity of this kind of force was explained by Mr. PLEASANTS, and the blanks being filled, and the bill amended, it was reported to the Senate in the following shape: Be it enacted, &c., That the President of the United States is hereby authorized to cause to be built and equipped any number of small vessels of war (not exceeding seven) which, in his judgment, the public service may require; the said vessels to be of a force not more than twelve guns each, according to the discretion of the President. And, for carrying this act into effect, the sum of $60,000 is hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated. The bill was ordered to be engrossed and read a third time, and the Senate adjourned. Mr. MORRILL addressed the Chair as follows: Mr. President, it is with deep regret that I feel myself compelled to ask the attention of the Senate to the consideration of the resolutions which I have had the honor to present. Nothing but an irresistible conviction of propriety, and solemn sense of duty to my God and country, would induce me to offer my views on this occasion; because, I am not insensible of a diversity of opinion, and the reluctance of many to agitate the subject. But, when I reflect upon the attributes of that Divine Being who has created and sustains all worlds and creatures, on whom we are dependent, and unto whom we are under infinite obligations of love and obedience, I cannot persuade myself to refrain. The obvious purposes of our existence as rational beings are too apparent to admit a doubt. For what end were we created? Certainly other; but to aid and assist one another, and, by kind offices and paternal acts, to promote our peace, prosperity, and happiness. Mankind are created moral beings, with capacious powers and faculties of mind, by which they are rendered capable of contemplating sublime subjects, entering into connections, and forming important associations, by which individual and general happiness may be enjoyed and extensively diffused. These being the powers and abilities of the human race, the idea of dependence irresistibly connects with them those of duty and obligation, not only to the Supreme Parent of the Universe, but the several members of the great family of man, of which we are component parts. These are immutable in their nature and eternal in their duration, and cannot be cancelled by pride, ambition, nor caprice. These being my views, I hope the Senate will pardon me for again introducing the subjectunpleasant in itself, and unpleasant in its consequences. It cannot be forgotten that, some one or two years ago, I had the honor to offer a resolution not materially different from that on your table, which rose from an event similar to that which has given rise to the resolutions now before the Senate. With an accommodating disposition on my part, I consented to vary that resolution to suit the views of honorable gentlemen; but, being committed, it unexpectedly passed off without particular consideration. During the last session of Congress, at the door of your Capitol, another event of the kind occurred, though not precisely of the same magnitude: some of inferior grade, having caught the fire of honor, must resort to the devoted ground, and there settle the great question of private controversy by single combat, which, fortunately, from agitation or want of skill, terminated gloriously, without wound or bloodshed. But, Mr. President, at this time something more serious has attracted our attention and excited our feelings. The recent duel between Commodore Decatur and Commodore Barron is the only apology I offer for again introducing this subject. The sentiments which I entertain are expressed in the resolutions before you, and their connection will induce me, as I proceed, to apply my remarks to them both. That the first resolution contains abstract propositions I admit, and needs but little illustration; but they are no less true and important in themselves, and their bearings upon individuals and community. Humanity is an exercise of tenderness, benevolence, and kindness, toward our fellow-creatures, by which their wants are relieved, their persons protected, and their prosperity promoted. The exercise of these is essential to that degree of felicity for which we are completely competent in this life, and which is our duty, and ought to be our object, to attain. These, I SENATE.] Duelling. [APRIL, 1820. presume, are principles which no contemplative | politic is contaminated, its vigor reduced, and mind will deny. its existence endangered. What is the character of the act by which the life, perhaps the most useful life, is wantonly taken by a fellow-citizen? The tender feelings of the human kind many times recoil to see the tremors of an expiring brute, but what must be their sensations to behold the agonies of death upon one of Heaven's fairest sons, struggling under the pains of dissolution occasioned by the fatal act of a brother of the same family? Callous, indeed, must be the heart, and indifferent those feelings, which do not burst forth in abhorrence and indignation. Reason, the handmaid of the best faculties of the polished and improved mind, revolts at this act of violence; she retires from the scene, laments the depravity of the human race, and desires to cast the mantle of oblivion over the barbarous acts of deluded man. Conscience, that judicious inquisitor, enthroned in the breast of our species, unreservedly pronounces guilt, with all its concomitant consequences. No well-informed faculty of the human mind, unbiased by prepossession, will volunteer its aid to sustain the rude deed of violence. Its only support, then, is found in fallacious arguments, arising from misconceived opinions of human honor. But this practice demoralizes society, as it obscures human reason, darkens the understanding, stupefies the conscience, and sets at defiance the laws of God and man. It undervalues human life, and, by its demoralizing consequences, prepares the way for the coinmission of murder, assassination, and that train of evils which is the natural result of the worst passions, nourished by pernicious sentiments and habits. Permit me to bring to your view a remark made respecting the assassination of the Duke de Berri: "Our readers will agree in opinion with the Count de Labourdonnaye, that the atrocious crime is clearly to be traced to those liberal writings, which, in France and England, have aimed at the extinction of all just and moral feelings." What better can be expected from those who pursue a course in direct violation both of divine and human laws? "Thou shalt not kill," is a divine command; and "Whoso sheddeth man's blood, by man shall his blood be shed.” I am not insensible, sir, that a disquisition on ethics may be cold, insipid, and unpleasant; but, according to my views of the subject, I hope to be indulged to express an opinion. valuable men are sacrificed. It prevails more generally in the army and navy, and among men high in rank and estimation. Their native talents have been cherished and expanded in the school of their country, by which they are identified with the property, prosperity, and interest of the nation. But, sir, I am disposed to examine the subject in another, and perhaps more acceptable point But, sir, it is contrary to the laws of your of light. I wish to have the practice suppressarmy and navy. If it be no crime, nor improp-ed, because many times the most useful and er, why have you laws against it, and regulations to prevent it? Is it not repugnant to the universal voice of community? Does not the nation speak one language on this subject? The country proclaims a law irresistible in this case. Where can you find a sentence on the practice, in any of your periodical publications, which does not, directly or indirectly, pronounce a censure on the crime? Some of the States, to arrest the progress of an evil so unjustifiable, have passed laws well calculated to suppress it. Among these is the State of Virginia; and, to the immortal honor of the gentleman (Mr. BARBOUR) whom I now have in my eye, was that bill introduced-an act which I shall ever revere, and which, I hope, will never be forgotten by his State nor his country. Let the opinion of the Senate, then, be expressed in accordance with that of the civilized world, and thereby aid the cause of humanity and reformation. The immutable principles of morality reprobate the practice. Every pernicious indulgence, which tends to corrupt society, weakens that community, and enervates the Government. This Government, more than any other, needs the cement of those great moral principles which connects individuals, and unites and binds in one solid fabric the great political body. Knowledge and virtue form the grand basis on which a prosperous republic is erected, and the only ground on which its perpetuity can be justly anticipated; and, in the same proportion, if these are disregarded and neglected, the body The nation has taught and employed them, by which they have acquired that knowledge and skill which render them respected and useful. For this aid, protection, and honor, they are indebted to their country; and this country has a claim to their services, to whom they owe a duty that cannot be cancelled by pride nor vanity. The life and talents of a public officer, thus situated, are not at his own disposal-they are pledged to his country. 66 These are the men the nation wants-men of tried courage and bravery-that confidence may be inspired in those whom, in the hour of danger, they may command; a name is often but another word for victory." Are talents thus enlarged and improved the property of the nation; is it not the highest duty of the nation to protect this property, and secure it against invasion? Is not the Governinent bound to arrest the progress of an evil by which its best blood is lost, and its most important interests threatened? Let the practice continue unmolested, and it acquires countenance, and its votaries strength; and, by imperceptible progress, becomes the common law of the country. But there is another reason which ought to have influence in this case: The vilest charac APRIL, 1820.] Duelling. [SENATE. ters may destroy the best of men. For, on the | cient to preponderate against the fallacious principles assumed, they are no more exempt arguments and absurd notions of false honor. than the most base of the human race. The But, Mr. President, I have an additional infalse rules of honor apply with equal force to ducement to revive this subject at this time. the useful and the brave, as to him who is Decatur is sacrificed-he is gone! And lamenworthless and a mere nuisance in society. There table to relate, he has fallen a martyr at the is, then, neither safety nor protection where shrine of false honor; a victim to principles false principles predominate, and are controlled founded on mistaken notions of true greatness, by passion, prejudice, or caprice. Unimportant of real magnanimity of soul. Yes, sir, he who, things, under such influence, impel to the fatal before the walls of Tripoli, the British Macecontest; and even things not true, by perver- donian, and in every instance where skill and sion and misapplication, are made the occasion courage could be displayed, maintained the inof dreadful consequences. This is true in the dependence and glory of the American eagle; instance to which I have referred. Barron he who ranked among the first sons of Neptune, charged Decatur with using certain improper high in his country's esteem, calm and unmoved expressions; which, however, Decatur imme- in danger, collected, manly, and noble in vicdiately disclaimed; but they were made the tory, is fallen! But, sir, he considered himself occasion of their unhappy meeting. Hence the bound by his own rules. Fatal error! "I do necessity of the interposition of some effectual not think that fighting duels, under any circumremedy to prevent occurrences so destructive stances, can raise the reputation of any man, and censurable; otherwise you prostrate, at the and have long since discovered that it is not mercy of the rudest passions which can predom- even an unerring criterion of personal courage. inate in the depraved breast, the lives of your I should regret the necessity of fighting with most valuable and useful citizens. any man; but, in my opinion, the man who makes arms his profession, is not at liberty to decline an invitation from any person who is not so far degraded as to be beneath his notice. Having incautionsly said I would meet you, I will not consider this to be your case, although many think so; and if I had not pledged myself, I might reconsider the case."" If my remarks are not correct, why have you laws and regulations on the subject? And if they are, is it not proper to interpose and make those regulations effectual to accomplish their object? The safety, the interest, and the honor of the country require the adoption of a course which shall bring into contempt the practice of duelling. "For, as a fool dieth, so they die." Here we see, with reluctance and regret he It may be said it is not necessary, because the repaired to the fatal spot, the devoted field of President has power already to strike from the slaughter; being under an imaginary obligation, rolls of the army and navy such offenders as he by the incautious adoption of erroneous princimay think proper. Admit the fact; but we ples, no affection to his family, no love of counare taught from experience that this does not try, nor attachment to life, with all its enjoyrender the expression of an opinion on the sub-ments, was sufficient to outweigh his preconject unimportant. We are too well acquainted with human nature, and the frailty of man, to believe any one will take a responsibility upon himself that he can possibly avoid. Merely from this circumstance, then, there is no reason to calculate upon any important reform. The connection subsisting between the commanderin-chief and the subordinate officers, is of such a nature as to preclude a probability of a radical amendment. Resolutions on the subject present to the world our views of the practice, at the same time they tend to sustain the President in any course he may be disposed to pursue. This, by dividing the responsibility, relieves the commander-in-chief of a burden, which he must otherwise endure, arising from the discharge of a duty that he owes to himself and his country. This object cannot be effected by punishment. It is a vain thing to think about shooting or hanging persons for this offence, (more especially if never performed;) death, in any of its most hideous forms, is altogether insufficient to deter him who can be impelled, under any circumstances, to present himself a mark in single combat. No, sir, the practice must be rendered disgraceful; this, and this alone, will be suffi ceived opinions: "I am bound by my own rules, to them I must submit." "In my opinion, the man who makes arms his profession is not at liberty to decline an invitation from any person who is not so far degraded as to be beneath his notice." Decatur is no more he sleeps in silence! His trophies fade with his countenance, and wither in his death! He is borne to the tomb, the asylum of the dead! The navy and the country sustain a loss which possibly might have been avoided, if such measures had been seasonably adopted as were within the power of the Government. For a moment reflect on the consequences. See the rolling tears and heart-rending grief of a bosom companion! Imagine the distress of a disconsolate family! Behold the crowd of weeping connections, mourning around the pale, the lifeless corpse! See Is this all? See a weeping country! Behold the footsteps of thousands, watered with tears, marching to the receptacle of the dead! your ships clad in mourning, and their officers with the badges of lamentation! All this, and more than this, growing out of an event repug *Decatur's letter to Barron. SENATE.] Adjournment. nant to all moral feeling, and censured by every, reflecting mind acting in its individual capacity. Sir, shall we be silent, and not attempt to arrest the progress of an evil thus destructive; an act which fastens reproach upon survivors, and a stigma on posterity? Will you stand an indifferent spectator, and see your officers swept from your army and navy in this ruthless manner, and not say to the devouring despot, "Thou shalt go no further?" Sir, let a man believe duelling justifiable on any principle, or under any circumstances, and no military glory, no lustre of character, no ardor of friendship, no conjugal affection, no attachment to life, no love of country, and desire to promote its honor and prosperity, will shield him from the deadly combat. Mr. WILLIAMS, of Tennessee, moved to lay the resolutions on the table, believing, in regard to the first resolution, that it was a waste of time to be arguing abstract propositions; that in regard to the second, the President already had the power vested in him by law to do what was proposed; and that if he had neglected to execute the law, and it was intended to take any step in relation to it, he ought to be approached in a different way. The motion prevailed, without a division, and the resolutions were ordered to lie on the table accordingly. SATURDAY, May 13. The Senate proceeded to the consideration of the amendments of the House of Representatives to the bill "to continue in force the act to protect the commerce of the United States, and punish the crime of piracy, and also to make further provision for punishing the crime of piracy." The amendments (which were reported in the other House, by Mr. MERCER, from the Committee on the Slave Trade) are as follows: And be it further enacted, That, if any citizen of the United States, being of a crew or ship's company of any foreign ship or vessel engaged in the slave trade, or any person whatever, being of the crew or ship's company of any ship or vessel owned in whole or in part, or navigated for, or in behalf of, any citi [MAY, 1820. zen of the United States, shall land, from any such ship or vessel, and, on any foreign shore, seize any negro or mulatto, not held to service or labor by the laws of either of the States or Territories of the United States, with intent to make such negro or mulatto a slave, or shall decoy or forcibly bring or board any such ship or vessel, with intent, as aforecarry, or shall receive, such negro or mulatto on said, such citizen or person shall be adjudged a pirate, and, on conviction thereof, before the circuit court of the United States for the district wherein he may be brought or found, shall suffer death. And be it further enacted, That, if any citizen of the United States, being of the crew or ship's company of any foreign ship or vessel engaged in the slave trade, or any person whatever, being of the crew or ship's company of any ship or vessel owned wholly, or in part, or navigated for, or in behalf of, any citizen or citizens of the United States, shall forcibly confine or detain, or aid and abet in forcibly confining or detaining, on board such ship or vessel, any negro or mulatto, not held to service by the laws States, with intent to make such negro or mulatto a slave, or shall, on board any such ship or vessel, offer or attempt to sell, as a slave, any negro or mulatto, not held to service, as aforesaid, or shall, on the high seas, or anywhere on tide water, transfer or deliver over to any other ship or vessel, any negro or mulatto, not held to service, as aforesaid, with intent to make such negro or mulatto a slave, or shall land or deliver on shore from on board any such ship or vessel, any such negro or mulatto, with intent to make sale of, or having previously sold, such negro or mulatto, as a slave, such citizen or person shall be adjudged a pirate, and, on conviction thereof, before the circuit court of the United States for the district wherein he shall be brought or found, shall suffer death. of either of the States or Territories of the United After some discussion, rather on the form than the substance of these amendments, they were agreed to, without a division. MONDAY, May 15. The Senate having finished the business before them, or rather so much thereof as had been reported by the joint committee as necessary to be acted on; and, having been informed by the committee appointed to wait on the President, that he had no further communication to make, the Senate adjourned to the second Monday in November next. MONDAY, December 6, 1819. This being the day appointed by the Constitution of the United States for the meeting of Congress, the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit: From New Hampshire-Joseph Buffum, jr., Josiah Butler, Clifton Clagett, Arthur Livermore, William Plumer, jr., and Nathaniel Upham. Allen, Joshua Cushman, Edward Dowse, Walter Folger, jr., Mark L. Hill, John Holmes, Jonas Kendall, Martin Kinsley, Samuel Lathrop, Enoch Lincoln, James Parker, Gabriel Sampson, Henry Shaw, NaJonathan Mason, Marcus Morton, Jeremiah Nelson, thaniel Silsbee, and Ezekiel Whitman. From Rhode Island-Samuel Eddy, and Nathaniel Hazard. From Connecticut-Henry W. Edwards, Samuel A. Foot, Jonathan O. Mosely, Elisha Phelps, John From Massachusetts-Benjamin Adams, Samuel C. Russ, James Stevens, and Gideon Tomlinson. * LIST OF REPRESENTATIVES. New Hampshire.-Joseph Buffum, jr., Josiah Butler, Clifton Clagett, Arthur Livermore, William Plumer, jr., Nathaniel Upham. Massachusetts.-Benjamin Adams, Samuel C. Allen, Joshua Cushman, Edward Dowse, Walter Folger, jr., Timothy Fuller, Mark Langdon Hill, John Holmes, Jonas Kendall, Martin Kinsley, Samuel Lathrop, Enoch Lincoln, Jonathan Mason, Marcus Morton, Jeremiah Nelson, James Parker, Gabriel Sampson, Henry Shaw, Nathaniel Silsbee, Ezekiel Whitman. Maryland.-Stephenson Archer, Thomas Bayley, Thomas Culbreth, Joseph Kent, Peter Little, Raphael Neale, Samuel Ringgold, Samuel Smith, Henry W. Warfield. Virginia.-Mark Alexander, William Lee Ball, Philip P. Barbour, William A. Burwell, John Floyd, Robert S. Garnett, James Johnson, James Jones, William McCoy, Charles Fenton Mercer, Hugh Nelson, Thomas Newton, Severn E. Parker, James Pindall, James Pleasants, John Randolph, Alexander Smyth, Ballard Smith, George F. Strother, George Tucker, John Tyler, Thomas Van Swearingen, Jared Williams. North Carolina.-Hutchins G. Burton, John Culpeper, William Davidson, Weldon N. Edwards, Charles Fisher, Jona-Thomas H. Hall, Charles Hooks, Lemuel Sawyer, Thomas Settle, Jesse Slocumb, James S. Smith, Felix Walker, Lewis Williams. Rhode Island.-Samuel Eddy, Nathaniel Hazard. Vermont.-Samuel C. Crafts, Ezra Meech, Orsamus C. New York.-Nathaniel Allen, Caleb Baker, Walter Case, Robert Clark, Jacob H. Dewitt, John D. Dickinson, John Fay, William D. Ford, Ezra C. Gross, Aaron Hackley, jr., George Hall, Joseph S. Lyman, Henry Meigs, Robert Monell, Harmanus Peek, Nathaniel Pitcher, Solomon Van Rensselaer, Jonathan Richmond, Henry R. Storrs, Randall A. Street, James Strong, John W. Taylor, Caleb Tompkins, Albert H. Tracy, Peter H. Wendover, Silas Wood. New Jersey-Ephraim Bateman, Joseph Bloomfield, Charles Kinsey, John Linn, Bernard Smith, Henry Southard. Pennsylvania.-Henry Baldwin, Andrew Boden, William Darlington, George Dennison, Samuel Edwards, Thomas Forrest, David Fullerton, Samuel Gross, Joseph Heister, Joseph Hemphill, Jacob Hibshman, Jacob Hostetter, William P. Maclay, David Marchand, Robert Moore, Samuel Moore, John Murray, Thomas Patterson, Robert Philson, Thomas J. Rogers, John Sergeant, Christian Tarr, James Wallace. Delaware.-Willard Hall, Louis McLane. South Carolina.-Joseph Brevard, Elias Earle, James Ervin, William Lowndes, John McCreary, James Overstreet, Charles Pinckney, Eldred Simkins, Sterling Tucker. Georgia.-Joel Abbott, Thomas W. Cobb, Joel Crawford, John A. Cuthbert, Robert W. Reid, William Terrell. Kentucky.-Richard C. Anderson, jr., William Brown, Henry Clay, Benjamin Hardin, Alney McLean, Thomas Metcalfe, Tunstall Quarles, George Robertson, David Trimble, David Walker. Tennessee.-Robert Allen, Henry H. Bryan, Newton Cannon, John Cocke, Francis Jones, John Rhea. Ohio.-Philemon Beecher, Henry Brush, John W. Camp- Illinois.-Daniel P. Cook. Missouri Territory.-John Scott, Delegate. Michigan Territory.-William W. Woodbridge, Delegate. |