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DECEMBER, 1813.]

Proceedings.

[SENATE.

sacrifice the interests of their country in pursuit of lieving this measure to be pregnant with contheir own.

DECEMBER 9, 1813.

JAMES MADISON.

The Message was read, and referred to the committee this day appointed on so much of the Message of the President of the United States as relates to our Foreign Relations, with leave to report thereon by bill or otherwise.

MONDAY, December 13.

Mr. BIBB, from the committee appointed the 9th instant on the subject, reported, in part, a bill laying an embargo on all ships and vessels in the ports and harbors of the United States; which was in part read.

A confidential message was received from the House of Representatives, by Messrs. GRUNDY and LEWIS, two of their members; Mr. GRUNDY, Chairman:

Mr. President: The House of Representatives have passed a bill (in confidence) "laying an embargo on all ships and vessels in the ports and harbors of the United States," in which they request the concurrence of the Senate.

WEDNESDAY, December 15.
The Embargo.

Mr. BIBB, from the Committee on Foreign Relations, to whom was recommitted the bill, entitled "An act laying an embargo on ships and vessels in the ports and harbors of the United States," reported amendments to the fourth section; and the bill and amendments were considered as in Committee of the Whole; and the bill having been further amended, the amendments were agreed to.

On the question, "Shall the bill be read a third time, as amended?" it was determined in the affirmative yeas 20, nays 14, as follows:

sequences the most pernicious to our country, I
cannot permit it to pass without entering
You are about
against it my solemn protest.
to change the daily occupations, and destroy
the means of a subsistence, of a vast portion of
your population.

The evil complained of is, that our enemy obtains from this country supplies of provisions essential for the subsistence of his fleets and armies. To remedy this, the bill prohibits all exports of every kind. Why does the prohibition extend to any commodities other than provisions? Or, at most, to such as may, in some way, be useful to his fleets or armies? The object is said to be to distress our enemy, and disable him to carry on the war. It is important to inquire, who will be most injured, our enemies or ourselves? For if, on examination, it should be found that the loss and injury will fall mostly on our citizens, a wise and dispassionate Legislature will find no sufficient inducement to assent to the bill, in the apparently consolatory reflection in the President's Message, "that the restraints will affect those most who are most ready to sacrifice the interests of their country in pursuit of their own." To determine what will be the effect on our enemy, we must know his wants, and to what degree they are relieved by supplies from this country. We have no evidence, nor even an estimate, of the from our country. Had he obtained such supquantity of provisions which the enemy obtains plies to a great amount, it would seem the Government must have some evidence of the facts. If the Government does possess such evidence, it is to be regretted that it has not been laid before the Legislature. Destitute of evidence, we are obliged to act on conjecture.

The enemy is supposed to have obtained from this country supplies, consisting principally of flour for his troops in the West Indies and at Halifax. These supplies must have gone mostly through the medium of neutrals. Existing laws prohibit, under heavy penalties, all trading with the enemy. Few, if any, prosecutions have been instituted on those laws. It is to be presumed, therefore, that our citizens have not often transHun-gressed them. The scarcity of provisions at the

YEAS.-Messrs. Anderson, Bibb of Georgia, Bled-
soe, Brent, Campbell, Chace, Gaillard, Giles, Howell,
Lacock, Leib, Morrow, Robinson, Smith, Stone, Tait,
Taylor, Turner, Varnum, and Worthington.
NAYS.-Messrs. Brown, Daggett, Dana, Fromentin,
German, Gilman, Goldsborough, Gore, Horsey,
ter, King, Lambert, Mason, and Wells.

THURSDAY, December 16.
The Embargo.

Mr. FROMENTIN, from the committee, reported the amendments to the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," correctly engrossed; and the bill was read the third time as amended.

Mr. MASON, of New Hampshire, rose, and addressed the Chair as follows:

Mr. President: Knowing that the advocates of the bill under consideration are averse to a full discussion of its merits, and that a speedy decision is determined on, I do not intend to trespass a long time on your patience. But be

places mentioned may be judged of by their prices, which, during the past summer, have not been unusually high. Flour has also been exported to Spain and Portugal, but this is mostly for the use of the inhabitants. The allied armies are removed too far into the interior of the country to draw their supplies from Lisbon and Cadiz, the places to which our flour is chiefly carried. I trust it does not enter into the policy of the Government to distress any portion of the Spanish people, except what is in arms against France.

That the necessities of the enemy are urgent, is rendered almost incredible by the fact, that he exerts his utmost power to prevent supplies going from this country. A rigorous blockade was last spring instituted, and has ever since

SENATE.]

Honors to Captain Perry, Lieutenants Barrows and McCall. [DECEMBER, 1813.
|jects of the blockading squadrons; a few single
ships will probably remain to take care that we
faithfully execute our own laws, while the rest
will be employed in predatory expeditions, or
in other and more honorable service, in looking
after our frigates. It is not probable, therefore,
that the operation of the bill will even increase
the expense to the enemy of maintaining on our
coasts the ships necessary for his purpose. But
suppose we should be able to do this to a cer-
tain degree. Suppose the enemy should find it
necessary to keep the usual number of ships of
war on our coast, and that we could increase
the expense of the supplies of provisions now
obtained from our shores to double the amount
of their present prices-would this induce
him to withdraw his squadrons from our waters?

been enforced on the ports from which our
provisions were usually exported in the greatest
quantities. Discovering that the article of flour
began to find its way out of the country,
through Long Island Sound, he has lately ex-
tended the blockade to all that coast. Can we
suppose the enemy anxious to obtain provisions,
or other produce of this country, while he thus
throws every obstacle in his power in the way
of their getting to him?

When Mr. MASON had concluded, the question was taken, "Shall this bill pass as amended?" and was determined in the affirmative-yeas 20, nays 14.

MONDAY, December 20.

On motion, by Mr. BIBB, that the injunction of secrecy on the proceedings of the Senate in respect to the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," be removed, a motion was made by Mr. WELLS, to amend the motion. Whereupon,

Resolved, That the injunction of secrecy on the Message of the President of the United States of the 9th instant, and also on the proceedings of the Senate in respect to the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," be removed.

But it has been urged, and seems to be relied on, as the strongest reason in favor of the bill, that the hostile ships and squadrons on our coast draw from the country necessary supplies, which they could not otherwise obtain. Here again, in the absence of all evidence, we must rely on conjecture. It is well known, that foreign salted provisions are not often permitted to be used on board British ships of war. The supplies from this country for their ships are said to consist mostly of fresh provisions and breadstuffs. The former are supposed to have been obtained partly by force and partly by purchase. The quantities of either of these articles thus obtained are wholly uncertain. A person voluntarily furnishing supplies to the enemy, under certain circumstances, is guilty of treason; under any circumstances, he is guilty of a great misdemeanor, and liable to heavy penalties. While exposed to such perils, is it to be presumed that our citizens have furnished supplies in large quantities? That would be to suppose, not only the highest degree of depravity, but also a carelessness and negligence of self-preservation. If such crimes have been committed, why has not punishment followed? If the present laws will not restrain our citizens, what better hopes can be entertained from that now proposed? Suppose the bill to operate as favorably as its friends can expect, would it, in any considerable degree, produce the desired effects? While our seacoasts remain wholly unprotected, the hostile ships may always obtain by force a partial supply oftion for consideration: vegetables and fresh provisions. Even breadstuff's may in that manner be obtained from certain parts of our coasts in considerable quantities. Nor can it be believed that this bill will entirely prevent all trade with the enemy's ships. Our prohibition of the exportation of flour and other produce, will, of course, greatly depress their prices at home. This will operate as a premium to supply the enemy in violation of the law. By our utmost exertions we shall not be able to prevent the hostile ships obtaining supplies, and partly from our shores. The most we can expect to do is, to enhance the prices at which they may be obtained. This will be more than balanced by lessening the number of ships which it will be necessary for the enemy to keep on our coast. A great portion of these are now employed in enforcing the blockade. Our embargo, together with a prohibition of importations, the other part of the system recommended by the President, strictly enforced, will completely effect the ob

[End of confidential business.]

TUESDAY, December 28.
Encouragement to Privateers.

Mr. FROMENTIN submitted the following mo

Resolved, That the committee to whom was referred so much of the Message of the President of the United States, as relates to the Navy of the United States, be directed to inquire into the expediency of providing by law for an increase of the bounty allowed to the owners, officers, and crews of the private armed ves sels of the United States, and likewise into the expediency of allowing the same bounty to the officers and crews of the public ships of the United States.

THURSDAY, December 30.
Honors to Captain Perry.

The resolutions expressive of the sense of Congress of the gallant conduct of Captain Oliver H. Perry, the officers, seamen, marines, and infantry acting as such, on board of his squadron, were read the second time. On the question, "Shall these resolutions be engrossed, and read a third time?" it was determined in the affirmative. Honors to Lieutenants Burrows and Mc Call. The resolution relative to the brilliant achieve

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ment of Lieutenants Burrows and McCall was read the second time. On the question, "Shall this resolution be engrossed, and read a third time?" it was determined in the affirmative.

WEDNESDAY, January 5, 1814.
Honors to Capt. Lawrence.

The resolution relative to the brilliant achievement of Captain James Lawrence, in the capture of the British vessel of war the Peacock, was read the second time, and considered as in Committee of the Whole; and sundry amendments having been agreed to, the PRESIDENT reported the resolution to the House amended accordingly.

On the question, "Shall it be read a third time as amended?" it was determined in the affirmative.

The amendments to the resolution relative to the brilliant achievements of Captain James Lawrence in the capture of the British vessel of war the Peacock, having been reported by the committee correctly engrossed, it was read a third time by consent.

TUESDAY, January 11.

[SENATE.

has undergone, I did not feel myself imperiously called on to justify the vote I shall give. His admonition comes to late; we have progressed beyond the point of return, and we stand pledged in the view of the nation to answer for our conduct.

If we contrast the bounty proposed to be given by this bill, with that which has formerly been given, we shall be astonished at the great disparity between them. Hitherto the men enlisted, for five years or during the war, have had sixteen dollars bounty and one hundred and sixty acres of land. Those who enlisted for twelve or eighteen months, had the sixteen dollars without the land-and the last year an act of Congress gave those who enlisted for five years, or during the war, the increased advantage of three months' pay in advance, which amounted to twenty-four dollars in addition to the former sixteen. If we extend our view further, the contrast will be more striking. In Great Britain, the country of our enemy, the usual bounty is about a guinea a man, and on the Continent of Europe it does not exceed two dollars; whilst we are giving from one hundred to one hundred and twenty dollars bounty, eight dollars extra fee, and a total exemption

JOHN CONDICT, from the State of New Jersey, from militia duty to any one who will procure

attended.

MONDAY, January 17.
Relief to Nantucket.

a recruit; with from one hundred and sixty to three hundred and twenty acres of land at the end of the service. What nation can stand under such extravagance as this? What country can possibly carry on an efficient warfare for any time upon such terms?

On motion, by Mr. ROBINSON, the Senate resumed, as in Committee of the Whole, the con- But, sir, there is a consideration which may sideration of the bill for the purpose of procur- not be altogether unworthy of attention; how ing subsistence for the inhabitants of Nantucket, far this extravagant use of the public money Martha's Vineyard, Block Island, and the adja- in raising an army may have a prejudicial effect cent Islands thereto, together with the amend-upon your navy. If we give this enormous ments reported by the select committee; and having agreed to the amendments, and further amended the bill, the PRESIDENT reported it to the House accordingly.

bounty for the land service, will it not be just as well as necessary, to give a corresponding bounty for the sea service? Or will you exalt the one and depress the other? Will you deOn the question, "Shall this bill be engrossed press that service which, when the honor of the and read a third time as amended?" it was de-nation languished on the shore, bore it in tritermined in the affirmative, yeas 18, nays 10, as follows:

YEAS-Messrs. Anderson, Brent, Brown, Campbell, Chace, Condict, German, Howell, Lacock, Leib, Morrow, Robinson, Smith, Tait, Taylor, Turner, Varnum, and Worthington.

NAYS.-Messrs. Bibb of Georgia, Daggett, Fromentin, Goldsborough, Gore, Hunter, King, Lambert, Mason, and Wells.

Bounty for Enlistment.

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The Senate resumed, as in Committee of the Whole, the consideration of the bill to increase the bounty to be allowed to persons who shall enlist in the army of the United States, and to promote the recruiting service.

Mr. GOLDSBOROUGH rose and addressed the Chair as follows:

umph o'er the main, unsullied by reproach, and on which you must ultimately depend, when a better policy bears sway, efficiently to contend with every foreign foe? I hope not, sir. If you should increase the bounty now contemplated it will be irrevocably fixed; you can never diminish it; you can never expect again to enlist another soldier for a less premium. You will then, sir, have the further difficulty of adjusting so prodigal an expenditure of the public money to the necessities of a Treasury filled exclusively by loans and taxes. I well remember the sentiment of the honorable gentleman from Kentucky, (Mr. BLEDSOE,) who said that when the national rights were in contest, he would not count the cost. Sir, I honor the feelings that dictate such a sentiment, and the only reply I can make to it is, that statesmen must calculate as well as feel.

Mr. WELLS rose and addressed the Chair as

Mr. President: I would with pleasure obey the admonition of the honorable Senator from Georgia, (Mr. BIBB,) who has just taken his seat, if after the bold discussion which this subject | follows: VOL V.-6

SENATE.]

Maryland Memorial.

Mr. President, the bill before us is for filling up the present establishment of the army; and proposes to effect this purpose, by giving a very extraordinary bounty to each recruit hereafter entering the service.

I am at a loss to determine by what rule any of the bounties, which have been talked of upon this occasion, have been governed. None of them bear any reasonable proportion to the sum allowed at present by law. The bounty established by law is only sixteen dollars. Nominally it is more; but the excess is only an advance of pay. The proposed bounties go still further beyond what is usually allowed for this purpose in other countries.

A bounty in land is liable, in my mind, to two objections. It will create a fund for speculation; and, taking up a good deal of the labor of the country, will transfer a larger part of it, at the conclusion of the war, to the Western States. At the end of the war, I could wish to see our laborers who are temporarily detached from us, returned to the districts from which they were drawn. And besides, if the object be simply to fill up the army, and is unconnected, as I am bound to presume it is, with any favorite local policies, which can only be promoted at the expense of particular interests, the surest way to obtain your soldiers is to pay them down at once the bounty they are to have. You would get their service, in this way, at a fairer and cheaper rate to the public than in any

other.

I do not mean, however, to say, when I am objecting to the enormity of the proposed gratuities, that some increase of the present estab

lished bounty is not necessary. A state of things, in this country, is brought about, which ought to have been within the foresight of those who precipitated us into this war. It is certainly true, as has been well observed, that a population thinly spread over a great expanse of country, accustomed to convenient interchanges by water, requiring but little labor to transport its heaviest products, is suddenly obliged to transfer this operation to land conveyance; which, of course, has absorbed, if I may be allowed the term, much of the labor of the country. It is equally true that the almost total exclusion of foreign merchandise from our markets, by occasioning an extensive demand for our own manufactures, has produced an additional absorption of labor. From the remaining stock of labor the supplies for your army are to be drawn after the other concerns of this country are provided for.

[FEBRUARY, 1814. will make of you-and according to the answer you give him, will be the price he will ask yon -"Am I to march to Canada?" If you tell him that there the service is to be performed which you require of him, if he does not turn his heel upon you, he will ask you fully the price now proposed to be given to him. But ask him what bounty he will take to fight for his parents, for his sisters, for his wife and his children-to meet the invading foe, and repel him from his country; talk to him in this way, make an appeal of this kind to him, and he will be yours without very high bribing.

No, sir, it is not for this kind of war your soldier is to be enlisted. Not his own, but a foreign country is to be the theatre of his glory. Canada is to be that theatre. There the war is to be waged by us and not here. The bounty proves it. The price you offer shows what you want. If we establish, then, this bounty, we do virtually approve of, we do advise the war in Canada. I cannot approve of that war, I cannot advise its prosecution there. I, therefore, cannot vote for these bounties.

TUESDAY, February 1.

Bounty to Privateers.

The bill in addition to an act, entitled "An act allowing a bounty to the owners, officers, and crews, of the private armed vessels of the United States," having been reported by the committee correctly engrossed, was read a third time, and the blanks filled.

On the question, "Shall this bill pass?" it was determined in the affirmative-yeas 15, nays 10, as follows:

YEAS.-Messrs. Bledsoe, Brown, Chace, Condict, Fromentin, Gaillard, Giles, Howell, Lacock, Leib, Morrow, Stone, Taylor, Varnum, and Worthington.

NAYS.-Messrs. Daggett, Dana, Gilman, Goldsborough, Gore, Horsey, King, Lambert, Mason, and

Wells.

So it was resolved that this bill pass.

THURSDAY, February 3.

Maryland Memorial.

Mr. GOLDSBOROUGH presented the memorial of the House of Delegates of the State of Maryland, on the awful condition of national affairs in general, and the exposed and defenceless situation in which that State in particular, has hitherto been left by the General Government, under the calamities of a war, which, with the consequent measures thereon, they highly disapprove, and earnestly entreating the national authorities to furnish them the necessary munitions and means of defence, together with a speedy reimbursement of the moneys already advanced by the State for those purposes; and that the negotiations for peace, about to be instituted, may be carried on with a just and earnest intention of bringing them to an amica

That by these competitions the difficulty of enlisting your army is in no small degree increased, I am willing to admit. But I am far from being prepared to say, that the inefficiency of this country for war is such as to justify the prescription of such bounties as are now proposed to be given. Much, however, perhaps every thing material in relation to this subject of bounty, depends upon the kind of war you wage. It is the first inquiry, sir, the recruit | ble result.

FEBRUARY, 1814.]

Patent Rights.

[SENATE.

In presenting the memorial, Mr. GOLDSBOR- | adverted. But he had, on his part, no sort of оUGH addressed the Chair as follows:

Mr. President: In obedience to the commands of the House of Delegates of Maryland, I have the honor to present to the Senate the address of that honorable body to the President and Congress of the United States.

The substance of the address, sir, is a strong and able view of the present situation of our national affairs; a faithful and emphatical description of the exposed and defenceless condition of the State; and a dignified petition, in the true spirit of the constitution, for efficient protection and defence. It sketches in glowing colors, and from comprehensive views, the leading causes of the war, and concludes with an earnest and respectful entreaty to the constituted authorities of the nation that they would avail themselves of the present auspicious moment to stay the horrors and calamities that oppress us, and once more restore to our country and its citizens the blessings of peace. The address then being read by Mr. G., he made a motion that it should be printed.

The question was then taken on the motion to print the memorial, and decided as follows: YEAS.-Messrs. Brown, Daggett, Dana, Fromentin, German, Gilman, Goldsborough, Gore, Horsey, Hunter, King, Lambert, Mason, Stone, and Wells.

NAYS.-Messrs. Anderson, Bledsoe, Campbell, Chace, Condict, Gaillard, Giles, Howell, Lacock, Leib, Morrow, Taylor, Turner, Varnum, and Worthington. Ayes 15, nays 15-so the question was lost.

FRIDAY, February 4.

The VICE PRESIDENT of the United States attended.

MONDAY, February 7.

Secretary of the Treasury. The Senate resumed, agreeably to the order of the day, the resolution submitted by Mr. MASON on the 24th of January.

Mr. BIBB, of Georgia, said, that when these resolutions should be discussed, he believed he could show that they were out of order, and therefore not admissible; but as he was about to propose a postponement, he should not raise the question of order. Whenever, he said, it should be ascertained by the Executive that Mr. Gallatin would not speedily return, it had been in its contemplation to appoint a Secretary of the Treasury in his stead. Late circumstances had induced the impression that his speedy arrival was at least doubtful; and he believed that the Executive had determined to appoint a Secretary for the Department over which that gentleman had presided. This was a reason sufficient to induce the mover of these resolutions to consent to postpone their consideration to Monday. If a Secretary should not at that time have been nominated, the resolutions might be taken up, and Mr. B. said he would submit the question of order to which he had before

doubt the alleged vacancy in the Treasury would in the mean time be filled.

Mr. MASON expressed his earnest desire that these resolutions should be taken up at an early day. The postponement to this day had been made at the suggestion of the gentleman who now moved a further postponement, and nearly for the same reasons as were now assigned. The subject Mr. M. conceived to be all important-the more so as an opinion had been publicly expressed on this floor, when a motion was made to postpone, (a day or two ago,) that the office of Secretary of the Treasury was vacant. That opinion he believed was entertained by many; and, if the fact were so, it was time that something should be done on the subject. As to the alleged intention to appoint a Secretary of the Treasury, he did not know that it ought to have weight at all-the object of his motion being to declare the constitutional law on this subject. If this motion was persisted in, Mr. M. said he must enter generally into the subject, to show why it should not prevail. As he was unwilling, however, to enter incidentally into a subject of this magnitude, if the gentleman would vary his motion to an earlier day, he would consent to the postponement.

After some conversation across the House, between Messrs. MASON and BIBB, in an undertone, Mr. BIBB varied his motion for postponement to Friday; and the motion was agreed to nem. con.

SATURDAY, February 26.
Patent Rights.

Mr. SMITH, from the committee to whom was referred the memorial of Isaac McPherson and others, on the subject of the patent granted to Oliver Evans, under the act of the 21st January, 1808, entitled "An act for the relief of Oliver Evans," made a report; which was read. The report is as follows:

That in the year 1787, Oliver Evans obtained from

the States of Pennsylvania, Delaware, and Maryland, laws vesting him with the exclusive right to use, in tions or improvements claimed to have been made by those States, the elevator and hopperboy, being invenhim in the process of the art of manufacturing flour. That, in the year 1790, he obtained a patent under the laws of the United States for the elevator and hopperboy and also for the screw or conductor, an additional improvement in the art, claimed also as his invention and improvement; that for fourteen years (the term of his first patent) he continued to receive, from nearly all the persons employed in the art of manufacturing flour, from thirty to forty dollars (being the prices which he then deemed sufficient) for the use of the machinery for each water wheel.

That, about three years after the expiration of his patent, to wit: in the year 1807, a suit, pending in the court of Pennsylvania, was decided against him, "on the ground that his patent was deficient in form, and, therefore, invalid." It is, however, believed by your committee, that its invalidity was unknown until after the trial; and that nearly all engaged in the manufacturing of flour, during the term of his

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