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MAY, 1809.

Vote of Approbation.

H. OF R.

they were rejected by Mr. Canning with a sneer-vessels are now excluded our waters, and this ing contempt unworthy a great man. The prop- was not the case when former propositions were osition in each case, was this: Rescind your Or- made to the British Ministry; and that we are now ders in Council, and we will suspend the laws in the situation, as it respects France, that Great interdicting the commercial intercourse between Britain wished. Admit all this, and what is the the two nations. Upon what principle did Mr. result? That France had done nothing to induce Canning reject this just offer? Because Bona- an interdict of her armed vessels when the attack parte had blockaded the Continent, and he was was made on the Chesapeake, which was the determined that the present and future genera-principal, though not the only event which protions should see that Great Britain would never duced the proclamation of interdict against Great relinquish her Orders in Council until the policy Britain-and certainly no American would wish of Bonaparte should be abandoned-that the honor to take hostile measures against a nation without and power of the British Government rested in previous aggression. After this proclamation of some good degree upon it. But now, the same interdict, Bonaparte executed his Berlin decree, propositions have been accepted, although the issued his Milan decree, burnt our vessels upon Continent is more completely blockaded than the high seas, interrupted our commerce in the when the same proposition had been rejected; Mediterranean and the Channel. Congress confor, even Spain and Portugal, upon which British vened, and, in consequence of those aggressions, hopes rested, are now closed. Those who opposed we passed a law extending the interdict to French the wise measures of our Government may say, and English armed vessels. Governed by the to shield themselves, that we have yielded. We same policy, we proceeded against both nations have not yielded. Great Britain has abandoned as our injuries multiplied, and not because either her unjust system of restriction upon our com- nation required it against the other. The meamerce; and the United States stand redeemed tures of this Government have been opposed in from any charge of inconsistency. It will be this House because it seemed to some that their a difficult task to convince the enlightened citi-effects would be more injurious to Great Britain zens of the United States that there has been a difference in the conduct of the present and the late illustrious President. So far from the shadow of proof that such a difference does exist, the very act of the present Chief Magistrate grew out of the law of Congress passed under Mr. Jefferson's Administration. This law gave certain powers, and imposed certain duties, to be exercised and performed upon certain and defined contingencies. Upon the happening of these contingencies, viz: the rescinding the Orders in Council, &c., Mr. Madison promptly performed his duty by suspending our non-intercourse system as to Great Britain, for the renewal of our commerce. Who is so sagacious in the powers of discrimination as to draw a line of distinction, when the conduct of the Administrations are so united and identitified that the act of one grew out of the law of the other? But, the measures of our Government which have produced such happy results are likely to be popular, and it is necessary for those who thought we took too high ground, to secure a retreat in their defeat by endeavoring to draw this nice distinction.

But it is said that the late adjustment is more advantageous to Great Britain than the former proposal by us, because our waters are not interdicted to British armed vessels, and because French armed vessels are prohibited. Sir, the interdict which excludes British and French armed vessels still remains in full force and virtue. It has not been taken off as to British armed vessels. The proclamation of the President has only made the trade renewable on the 10th of June. He had no control over the interdict; nor did the British Minister make it a sine qua non, as did Mr Rose, in settling the affair of the Chesapeake. Here again we have remained firm, and Great Britain has yielded the improper ground which she had previously taken. It is said that French armed

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than France. I presume gentlemen will now be satisfied of the strict line of neutral conduct which has characterized the American people towards the two rival Powers of Europe; or that our measures were equally hostile as it respected both nations, since it has been asserted even in the Parliament of Great Britain. It has not only been proclaimed in the Parliament, but by the Government of Great Britain, through their Ministers at this place in the late negotiations. This is a triumph to good principles.

It is a painful subject, sir, but I must speak of the conduct of the opposition, since they modestly assume to themselves the credit of saving this nation from impending calamity. It is novel, though not surprising, (for nothing now is to be wondered at,) that those who vote against measures should claim the credit of the good arising from them, while those who supported those measures only should bear the blame, and be responsible for all the evils which naturally result from the best measures. This doctrine once established will make a new code of politics: Those who oppose measures are entitled to all the good resulting from them; and those who voted for them, are to be responsible to the nation for all the evil they produce. This claim is too absurd and ridiculous to need a comment. But let us examine the conduct connected with the politics of the opposition. We were advised to repeal the partial non-importation law; to rescind the proclamation of interdict against British armed vessels; to repeal the embargo; and, in short, to retrace our steps and undo everything we had done to resist the aggressions of Great Britain. In addition to this, we were told by the opposition that Great Britain was fighting for existence; that in fact she was fighting our battles; that she would never yield to our restrictive system; that we had no just cause of complaint against Great Britain; that

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this Government were in the wrong; that we should unfurl the republican banners against the imperial standard, and much more such language. What humiliation do we find here! The mind of every member of the American community should sicken at the recital. What terms of ac commodation would this course have produced? I will not condescend to conjecture them.

MAY, 1809.

sure was the very worst measure. And now, sir, we are rejoicing in the happy change produced by these very measures-and rejoicing, too, when we had reason to expect, from the predictions of gentlemen, that before this period another Volney might have seated himself upon the ruins of this splendid building, and mourned the downfall of the Great Republic! We were told in the same But now, sir, of the particular course recom- style that the Republican Administration had demended by the mover of this resolution (Mr. RAN- parted from Whig principles; but no time could DOLPH)-what was his policy? At one partic-be agreed upon by gentlemen on which this deular period he recommended giving aid to the parture from good principles took place. Some Spanish patriots against Bonaparte, and fighting gentlemen declared that Republicans quit the true Great Britain by taking the Canadas. But when faith in 1805-6, others that it was 1807-8. But the gentleman matured his system and reduced it the greatest number dated this departure from the to writing, he was for arming your merchant ves- time Mr. Jefferson was inducted into office. I sels. This was war with our hands tied, the most have reflected on this subject, and this is my conineffectual war. Will any gentleman deny that clusion:-That the same principles have governed this would have produced war of the most disas- the whole of Mr. Jefferson's Administration, and trous kind if Great Britain had not yielded? And if there has been a departure from Whig princistill that gentleman claims part of the credit on ples it commenced in 1801. Let the nation then keeping this nation out of war. The Republicans judge what Administration they prefer, the Feddid not want war, they preferred the embargo. eral or Republican. The policy of Mr. Jefferson But they preferred war to submission, when they has been peace and economy. The principles of discovered that the embargo could not be contin- many who oppose this policy would involve us in ued, owing to the clamor and infamous conduct external war, in search after that phantom the of those who violated it. I shall always think balance of power, which has desolated Europe war a blessing compared with submission to be without any practical good. Neutrality has been taxed by a foreign Government. It was that the favorite theme of Republicans; and the balmanly stand, it was that warlike attitude which ance has been held with a steady hand. When produced the happy result which all are willing we are driven into war it must be for our own to approbate. When the British Ministry sent wrongs; and when we make peace, we must have their acceptance to our propositions, did they know no Power to consult, no common cause, no alliof the partial repeal? They did not. They had ances. Separated as we are from the whole of before them the report of the committee, which Europe it would be madness to fight France bedeclared that we would not submit to foreign out- cause England is weak, or fight England because rage. They had before them the proposition France is weak. We do not hold our indepenfrom the Secretary of War for raising 50,000 vol- dence by such a tenure. The folly of such poliunteers. They had before them the speeches tics for the United States may be illustrated by made upon the extra meeting of Congress, which the example before us in the war of 1756, and declared our object to be justice or war. other coalitions put down at the battle of Marengo, Austerlitz, and Jena. Public debts, taxes, armies, and famine and death, are the fruits of these contests.

I have not only voted my own sentiments but the sentiments of my native State upon the measures which have produced so much good to this nation. But these measures have been pronounced by many in this House as ruinous and destructive, and by those, too, who are now anxious to approbate the result of those measures.

The gentleman from Virginia (Mr. RANDOLPH) stated that there was a strong war party in this House who wanted to select Great Britain as their antagonist, which would have produced alSir, I am happy to find this a day of reforma-liance with France. A gentleman from South tion, I wish to see it continue. When I voted to Carolina, the particular friend of the gentleman, make an appropriation for the purchase of sup- was, I believe the only republican who expressed plies after the attack on the Chesapeake, I was a wish on this floor to make a selection of Great wrong; when I voted for the embargo, I was Britain. The republicans were of opinion that wrong; when I voted for 6,000 regulars to defend honor required that we should fight both rather Orleans and our frontier settlements against hos- than make a selection, while both nations contile savages, and when the British armed vessels tinued their aggressions. But it will be recolhovered on our coast in hostile array, I was wrong;lected that the federal gentlemen asserted and rewhen I voted to give power to the President to suspend the embargo, if Great Britain would rescind her Orders in Council, I was wrong. The first session ended and the second commenced, and the same word continually assailed my ear. When I voted to enforce the embargo, I was wrong; when I voted for letters of marque and reprisals, I was wrong; and what was most extraordinary with But this is an improper place to introduce such those who denounced these measures, every mea- a resolution, as it takes up much time upon a

peated that we ought to make a selection, and an ingenious gentleman from Connecticut almost demonstrated that a triangular war would be an absurdity. I am in favor of an indefinite postponement. But if we vote upon the resolution. I will vote for it, because I approbate the conduct of the President.

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subject not connected with our duties of Legislation.

When Mr. J. had concluded, several members rising to speak, a motion was made to adjourn, and carried, ayes 66.

WEDNESDAY, May 31.

JULIAN POYDRAS appeared, produced his credentials, was qualified, and took his seat, as the Delegate for the Territory of Orleans.

Mr. McKIM presented a petition of thirty-five American citizens confined at Carthagena, in South America, under sentence of slavery, stating that, through means of falsehood and deception, they were induced to engage in the unlawful expedition of Miranda, fitted out from the city of New York, in the year one thousand eight hundred and six, and that they were captured by the Spaniards, and condemned to slavery, and praying that Congress will take their distressing case into consideration, and effect their release and return to their native country.-Referred to Mr. McKIM, Mr. SAY, Mr. EMOTT, Mr. ROANE, and Mr. COCHRAN, to examine the matter thereof, and report the same, with their opinion thereupon, to

the House.

H. OF R.

A motion was made by Mr. RHEA, of Tennessee, that the House do come to the following resolution:

Resolved, That the Committee on the Public Lands do inquire into the expediency of laying off and describing, by certain metes and bounds, a tract of country to which the Indian title is extinguished, within the limits of Louisiana, and to include all the settlements within the said Territory, and of having the said tract of country laid off into townships and sections, half and quarter sections, agreeably to the several laws heretofore made for surveying the public lands of the United States; and also to inquire into the expediency of granting one quarter of a section to every free male white person who now resides thereon, or who will, within years, actually improve and reside thereon.

This resolution was supported by Mr. RHEA, on the ground that the settlements in that country were much exposed, and that the speedy settlement of it would give security to the frontiers, and form a barrier between the American settlers and the Indian nations on the frontier. It was opposed by Mr. ELY, on the ground that the subject had for several sessions been before the Committee of Public Lands, who, however disposed to act on it, had never been able to perceive that any good was to result from it; and by Mr. LYON, on the ground, that the very reference of the subject to a committee would be an injury to the United States and a vexation to the Mr. LIVERMORE presented a memorial of the people, delaying them from purchasing lands, unmanufacturers of hats in the towns of Newbury-der the idea that Congress were about to give port and Newbury, in the State of Massachusetts, them to the settlers. of the like effect with several memorials of the manufacturers of hats before stated.-Referred to the Committee of Commerce and Manufactures. On motion of Mr. MARION,

Mr. SOUTHARD. from the Committee of Revisal and Unfinished Business, made a report, in part, of such laws as have expired, or are near expiring; which was read, and ordered to lie on the table.

The motion was negatived-52 to 44.

A motion was made by Mr. LEWIS, that the House do come to the following resolution:

Resolved, That a committee be appointed to inquire into the expediency of removing from West Point the Corps of Engineers, constituting the Military Academy, to the City of Washington; and that leave be given to report by bill, or otherwise.

Resolved. That the Committee of Commerce and Manufactures be instructed to inquire into the expediency of continuing in force the act passed on the twenty-eighth of March, one thousand eight hundred and six, entitled "An act declaring the consent of Congress to an act of the State of South Carolina, passed on the twentyfirst day of December, in the year one thousand eight hundred and four, so far as the same relates to authorizing the City Council of Charleston to Resolved, That the Secretary of the Treasury be impose and collect a duty on the tonnage of ves-directed to prepare and report to this House, at their sels from foreign ports."

Mr. MUMFORD presented a petition of the sugar refiners in the city of New York, to the same effect with a petition of the sugar refiners of Boston, presented on the twenty-seventh instant.

And on the question that the House do proceed to take the said proposed resolution into consideration, it was determined in the negative.-51 to 47. Mr. BACON, moved that the House do come to the following resolution:

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next session, a plan for the application of such means as are within the power of Congress, for the purpose of protecting and fostering the manufactures of the United States, together with a statement of the several manufacturing establishments which have been commenced, the progress which has been made in them, and the success with which they have been attended; and such other information as, in the opinion of the Secretary, shall be material in exhibiting a general

Mr. NEWTON presented a petition of the sugar refiners in the town of Alexandria, to the same effect with the petition last stated.-Referred to the Committee of Commerce and Manufactures. Mr. NEWTON, from the Committee of Com-view of the manufactures of the United States. merce and Manufactures, presented a bill authorizing the Accounting officers of the Treasury Department to give credit to certain Collectors of the Customs for allowances paid by them to the owners and crews of fishing vessels; which was read twice and committed to a Committee of the Whole on Friday next.

11th CoN. 1st Sess.-6

A motion having been made to print the resolution,

Mr. LYON opposed the printing of it. He said that something should be done at this session for the benefit of the manufacturers. It was cold comfort to them to tell them that they should have a report on the subject at the next session.

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It was ordered to be printed.

Mr. RICHARDS presented a memorial of the manufacturers of hats in the borough of Reading, and State of Pennsylvania, to the like effect with the memorials from sundry other manufacturers of hats, before stated-Referred to the Committee of Commerce and Manufactures.

MAY, 1809.

business of an annual session, until the House should come to some definite conclusion as to what time they would adjourn. He then stated that by a letter which he had received from the Marshal of the district of Virginia, and which from its being printed he believed to be a circular, he learnt that there was no provision by the laws of the United States for a summary process for the purpose of recovering from the marshals and their deputies, moneys paid to them, and by them detained by those to whom it was due. It ap peared that the judges had decided that they were bound in their proceedings by no State laws in the respective States, except such as were in force when the United States' courts were first organ ized, those laws then in existence in the several States having been adopted by Congress. If this was the case, it was certainly a casus omissus, and one to which the attention of Congress ought to be turned. He therefore moved,

virtue of executions issued from the Courts of the United States."

"That a committee be appointed to inquire whether On motion of Mr. NELSON, a committee was ap- any and what provision ought to be made by law for pointed to inquire into the expediency of making enforcing a summary mode of proceeding against marprovision, by law, for the relief of the infirm, dis-shals and their deputies who have received money by abled, and superannuated officers and soldiers of the late Revolutionary army, and of the present army of the United States; with leave to report by bill, or otherwise. Mr. NELSON, Mr. BLAISDELL, Mr. BAYLIES, Mr. MATTHEWS, and Mr. SHEFFEY, were appointed a committee, pur

suant to the resolution.

Mr. POINDEXTER, from the committee appointed on the twenty-seventh instant, presented a bill to authorize the citizens of Madison county, in the Mississippi Territory, to elect one Representative to the General Assembly of said Territory; which was read twice and committed to a Committee of the Whole to-morrow.

Ordered, That Mr. BURWELL and Mr. GARDNER be appointed a committee to present to the President of the United States a resolution agreed to by this House on the twenty-seventh instant.

On motion of Mr. DANA, the resolution proposed by him on the thirtieth instant, relating to American seamen, was referred to Mr. DANA, Mr. BURWELL. Mr. COOK, Mr. COBB, and Mr. N. R. MOORE, with leave to report thereon by bill, or otherwise.

The resolution for appointing a committee to inquire into the application of public moneys, heretofore agreed to by the House, but reconsidered for the purpose of amendment, was amended so as to limit the duties of the committee to an investigation of the money transactions of the last eight years, and passed; and Messrs. RANDOLPH, MACON, SMILIE, J. C. CHAMBERLAIN, SEAVER, HOWARD, and SOUTHARD, were appointed the

committee.

PROCESS AGAINST MARSHALS.

Mr. RANDOLPH, after making a number of remarks on the subject of the present session, in favor of doing the ordinary business of the annual session at this time, and hereafter holding the annual sessions in the Spring instead of the Winter, stated that he should proceed to the ordinary

After some observations from Mr. BASSETT, on the probability of a short session, and from Mr. LIVERMORE, going to show that the resolution was supererogatory, it was agreed to without a division, and Messrs. RANDOLPH, STANFORD, LIVERMORE, KNICKERBACKER, and LYLE, appointed the committee.

VOTE OF APPROBATION.

The House then resumed the unfinished business of yesterday.

Mr. Ross said, that when he heard reasons assigned and principles stated as a ground of action for adopting or rejecting the resolution now submitted to the consideration of the House, which were in his opinion erroneous, he could not omit offering to the consideration of the House those views which he entertained on the subject. He Said he should not on this occasion either pledge his life or appeal to his God for the veracity of his declarations; but he hoped the House would do him the justice to believe that he was equally as sincere as if he had made those pledges. I shall not on this occasion, said Mr. R., deny that this House possesses common law jurisdiction, and then declare that common law is founded on common sense; because, if I did, I believe that the good sense of the House would revolt at such a proposition. I shall not insult the feelings of this House by saying that all the propositions which I offer or state are true, and correct, and that every man of common honesty and common sense would say with me; for I have too great a deference for the opinion of others to be guilty of such inde

corum.

I have endeavored, sir, as far as I have been able to collect, from the different members who have spoken, the points of objection taken to this resolution. I would, had I powers and abilities, endeavor to examine them, and to throw that

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light upon it which I think its importance deserves. It is, and perhaps will remain, one of the wonders of the world, that a resolution, which it was said every man agreed to the truth of the statements therein contained, and the conclusions drawn therefrom no one pretended to doubt, should, after this admission, maintain a discussion, consuming day after day and week after week, in the debate whether it should be adopted or not. But, strange as this is, it is nevertheless

true.

H. of R.

Mr. FINDLEY said that he had stated that the usual course of replying to the President's speech had heretofore produced irritation at the commencement of the session.

the House to give their weight and sanction to this proceeding. The publications to which Mr. R. said he alluded, was one in the Aurora of the 25th of the month, purporting to be copied from the Trenton True American, and another in the Baltimore Whig, which he quoted from those papers. I repeat, said Mr. R., that if it be not a reason for rejecting a resolution that every one agrees in the truth of the matter it contains, there is strong reason for adopting it when it has become necessary to counteract the course of abuse The first objection which has presented itself which has been commenced. Therefore, I shall to my consideration, as having been urged against not trouble the House any further with this obthe adoption of the resolution, is, that every mem- jection, but proceed to what I consider the next ber of the House, and every person in the United objection, made, I think, by my colleague from States agree precisely in the sentiments expressed Pennsylvania, (Mr. FINDLEY.) It was this: that in that resolution. I am not prepared to say, if there is no precedent for it; that it was improper this assertion be correct in point of fact, that it is to introduce a new precedent, and that it necesa conclusive argument against adopting the reso-sarily tended to produce irritation at the outset of lution, for I find that those gentlemen who com- the session. pose the opposition to this resolution, on a former occasion, did not think it valid. I refer to the first resolution attached to the report of the Committee of Foreign Relations at the last session. That resolution was contended to be a self-evi- Mr. Ross. I have been accustomed to think dent proposition, and one on which it was not and act for myself. I should not adopt an opinion necessary to legislate; and yet those members merely because it proceeds from the most respectwho then urged its passage, and demonstrated its able authority. I always should, however, dispropriety to my conviction, as an individual out trust my own judgment and opinion till I had of doors, and unquestionably with success to the thoroughly weighed the objections from respectthen House, are now opposed to the adoption of able authority. The age, experience, and integthis resolution because it is a self-evident proposi-rity of my colleague, entitle his opinion to great tion. That resolution was as follows: "That the weight; and therefore I would not adopt an opin'United States cannot, without a sacrifice of their ion different from that drawn from his experience " rights, honor, and independence, submit to the until I considered it well. I may perhaps enter'late edicts of Great Britain and France." One tain some heretical opinions on the score of poliwould suppose, sir, that if it was necessary to ex- tics. Be it so; they must remain my opinions, press an opinion upon a subject of the nature until I am satisfied that they are wrong. It never contained in the resolution I have just read, has appeared to me, sir, that the mode of comwhich it would have been madness in any citizen munication adopted by the President for the last of the United States to have doubted, that it eight years was a more democratic mode than would never be considered a good reason for re- that adopted the preceding sessions. I never jecting this resolution, because there is an unani- could bring my mind to believe that he who mous opinion in favor of it. But if it be true, as waited on you with information acted with less the honorable mover has mentioned, and I have no respect or equality than he who sent his message reason to doubt his word, I put implicit confidence by a footman or a lackey. I am not ready myin what he stated, as I should hold myself bound self to reject a procedure which is democratical to do in any member who rose and stated a mat- because the King of England acts in the same ter in his place-if it be true that there are per- manner. I should not reject the use of the knife sons who do not approbate the conduct of the or fork because an emperor or king also makes President for acts which he has done, for the use of them. We ought not to be hurried into promptitude with which he met the conciliatory the adoption or rejection of measures by mere disposition of Great Britain, it becomes doubly names, but should examine on what principle proper to express the sentiments of this House in they hang. As to the tendency that this may relation to this subject. If further proof were have to produce irritation at the commencement necessary that such a difference of opinion does of a session, or to make a waste of time, let us exist, that proof can be found in the public prints. see if that irritation at the beginning of a session Already is the poison attempted to be infused is not better calculated to do good than evil; more into the public mind; already is the rankling particularly so at the commencement of a session suspicion spread abroad, and the Administration immediately after the election of a new Congress arraigned, directly or indirectly, and that too in During the heat of electioneering contests and prints possessing great control over the people of strifes, the minds of the wisest and best statesthis country. If I can show that there is an at- men become irritated and their tempers destroyed, tempt to infuse an improper sentiment in the perhaps, by slander and abuse, and the heat accuminds of the people, and that the matter of the mulated in such conflicts wants an opportunity proposition before the House be correct, it becomes of exploding; after which, we could go to busi

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