Kitabı oku: «Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)», sayfa 38

Friday, December 1

Two other members, to wit: from Virginia, Edwin Gray; and from North Carolina, Meshack Franklin, appeared, and took their seats in the House.

Navigation Laws

Mr. Macon said he wished early to call the attention of the House to two motions, the object of which he deemed to be very important. The first of them had been formerly submitted to the House by a gentleman from Georgia, (Mr. Early) but never acted on, and afterwards by a gentleman from South Carolina, (Mr. D. R. Williams;) the other had been presented by Mr. Macon himself at the last session, but at so late a period that it had not been acted on. It appeared to Mr. Macon that these motions combined with one submitted at different times by a gentleman from Connecticut, (Mr. Dana,) would form something like a system. The object of the first motion he was about to submit, was to prohibit any foreign vessel from coming from any port or place to which the vessels of the United States could not go. Gentlemen would at once observe that there were many places whence vessels came to this country, to which we cannot go, and would perceive the extent of the motion. The other motion related to sea-letter vessels only. Mr. Macon said he wished to put them out of the nation, and to have no vessels belonging to the United States which were not perfectly American. He would have our vessels wholly American, or they should not at all partake of the character of American vessels.

After declaring that he considered his motions as calculated for permanent regulations, Mr. Macon submitted the following resolutions:

Resolved, That the Committee of Commerce and Manufactures be instructed to inquire into the expediency of prohibiting the entry of any vessel into the United States from any port or place to which a vessel of the United States is not admitted by permanent regulation of the Government owning such port or place by treaty.

Resolved, That the Committee of Commerce and Manufactures be instructed to inquire into the expediency of authorizing the registering anew of vessels built in the United States, which are owned in whole by citizens of the United States, any disability incurred by such vessel to the contrary notwithstanding; and also into the expediency of forbidding by law sea-letters or any custom-house documents being granted to vessels not registered or licensed according to law, or not owned by citizens of the United States, within a limited time after the passing of such a law.

Mr. Newton having seconded these motions, Mr. Macon moved to refer them to the Committee of Commerce and Manufactures.

Mr. Dana observed that these resolutions had in view merely an investigation by the Committee of Commerce and Manufactures into the subject of them. On such a question it was but necessary to ask whether the subject be of itself interesting, and whether or not the proposition bears on the face of it so much of probability and propriety that there could be no objection to it on the score of its being utterly inadmissible. Unless, therefore, the propositions were utterly inadmissible, if they related to a subject interesting to the nation in time of peace as well as of war, if they had a connection with one great branch of national policy, there could be no objection to have them investigated by a committee. Without expressing any opinion on the first proposition, which embraced a variety of important considerations, Mr. D. said that the motions were recommended to the House by their being founded on permanent principles, to which the nation may adhere in every alternative; and in addition to the attention due to them because they were of a permanent character and not merely temporary expedients, they might contribute to some of those measures of temporary policy deemed proper, and without a possibility of thwarting, might perhaps aid any project the Government might adopt. As to the second resolution, that he considered important in another point of view, as tending to encourage American manufactures. If there be any manufacture which requires great precision of science and experimental skill, any one which embraces more of the profound and elevated principles of science, and requires more dexterity in practical execution than any other, it is the constructing of ships. With these ideas, which Mr. Dana said were not applicable to the merits of the proposition, but to the question of reference, he should vote for referring them. He was extremely glad the motions had been brought forward, and particularly that they had been introduced by a gentleman so well qualified to sustain them, by his character and talents.

The motion for referring Mr. Macon's propositions was carried.

[The following gentlemen compose this committee: Messrs. Tallmadge, Clay, Butler, Rea of Pennsylvania, Weakley, Hale, Turner.]

7. Resolved, That so much of the Message of the President of the United States as relates to the finances of the United States, be referred to the Committee of Ways and Means.

8. Resolved, That so much of the Message of the President of the United States as relates to the fortifications of the ports and harbors of the United States, be referred to a select committee.

[This committee is composed of the following gentlemen: Messrs. Clopton, John Porter, Emott, McKim, Gardner, McBryde, and Witherspoon.]

Monday, December 4

Several other members to wit: from Maryland, Alexander McKim; from North Carolina, Thomas Kenan; from South Carolina, Robert Witherspoon; from Kentucky, Henry Crist; and from Georgia, William W. Bibb, appeared, and took their seats in the House.

Committee of Manufactures

Mr. Sawyer asked leave to lay upon the table the following resolution, of a nature similar to one which he had proposed at the last session, which, from the shortness of the session, he presumed, rather than from any unfriendly disposition, never had been acted on:

Resolved, That a standing committee be appointed, to be called the Committee of Manufactures, whose duty it shall be to take into consideration all such petitions, matters, and things, touching manufactures, as shall be presented, or shall or may come in question and be referred to them by the House, and to report, from time to time, their opinion thereon.

Mr. S. said it was certainly too much to expect any one committee to do justice to two such important subjects, becoming daily more so, as those of commerce and manufactures. He wished to have employed on the subject of manufactures the undivided energies of the best talents of the House; he hoped that all the rays of patriotism and genius in the House would be directed to this subject as to a focal point at which they should all converge. How could one committee properly attend to the mass of business before the Committee of Commerce and Manufactures? The subject confided to them could not be acted on, and yet important matters were continually dropping into this gulf of oblivion. This committee, however, did all that could be expected of them; he did not believe that any member of it was hostile to manufactures; he could answer for the chairman, (Mr. Newton,) whom he knew to be friendly to manufactures, both from precept and example. It was because it was impossible for the committee to attend to all the business before it, that he offered the resolution.

Mr. S.'s motion lies on the table one day, of course, according to the rules of the House.

Violations of Neutral Rights

Mr. Troup begged leave to submit to the consideration of the House several resolutions, which had for their object the vindication of the commercial rights of the United States against the belligerent nations of Europe. He submitted them at this time with less reluctance, because the introduction of them was in nowise inconsistent with the most friendly negotiation which might be pending with foreign Governments. It is high time, said Mr. T., in my opinion, that these commercial rights were either vindicated or abandoned. The remnant of commerce, which the joint operation of the belligerent decrees has left to us, is scarcely worth carrying on. To designate what this little is, would be no difficult matter, but it would be superfluous; every one who hears me understands it.

But, it would be well to inquire, on what principle the belligerents pretend to justify these commercial restrictions? The avowed principle is retaliation, but is it the true principle? Unquestionably not. And why? Because it is equally asserted by both belligerents. Both cannot be retaliators; one must be the aggressor, the other the retaliator. If this principle, then, be equally urged by both, who is to judge between them? If the alleged principle of retaliation be not the true one, what is? As respects France, the true principle of her decrees is to be sought in the policy of embarrassing England by excluding from the continent British merchandise; and as to Great Britain, the principle of her Orders in Council may be found in the consideration of her interest and her power. She avowedly contends that it is her interest to engross the commerce of the world; that she has the power to engross it, and, therefore, she will engross it.

But, what are the principles more specifically asserted by Great Britain? First, the right of blockade by proclamation; second, the right to turn your vessels into her ports to pay duty and take out a license. This right of blockading by proclamation is not a right growing out of a state of war; it is no belligerent right; it is a pretension, as applicable to a state of peace as to a state of war, and if we submit to it in a state of war, we must submit to it in a state of peace. The only principle of blockade which we recognize is that which gives to belligerents a right to turn from ports so closely invested as to make the entry of them dangerous, and after due warning, vessels bound to them. But the right asserted by Great Britain to blockade by a piece of parchment or paper, issued from her Council Chamber, a port or ports, a kingdom or kingdoms, a continent or continents, is a right no more relative to a state of war than to a state of peace; and, if we submit to the pretension in a state of war, we must equally submit to it in a state of peace. It is founded on the most arbitrary tyranny, it goes to the annihilation of your commerce. As to the other right, of forcing our vessels into her ports, to pay duty and take out license, this is equally applicable to a state of peace as to a state of war. We acknowledge the right of Great Britain, or any other nation, to shut her ports against us, provided there be no treaty stipulation to the contrary. But the right of Great Britain or of France to shut the ports of any other nation against us is a right no more appertaining to a belligerent than to a neutral. If we submit to it in war, we must equally submit in peace; and this right, like the other, is founded in the most arbitrary tyranny. What right has Britain to tyrannize on the ocean, and prescribe limits to our trade? She will not permit to us a trade which she cannot herself enjoy; she prohibits to us a trade which our Government permits, because it is her interest to monopolize it. It is equally our interest to monopolize, and, therefore, if you please, sir, we will prohibit the trade which her Government permits, and which it is our interest to monopolize.

If Great Britain can rightly prohibit our trade, because it is her interest to prohibit it, have we not the right to prohibit her trade for the same reason? If she, with right and justice, can stop and seize, and confiscate our vessels because they attempt a trade which she forbids, and only because she forbids it, cannot our Government do the same in relation to her trade? If she can turn our vessels into her ports to pay duty and take out license, what prohibits us from doing the same as to her vessels? England is a nation, so are we. England is independent, so are we. What prohibits us from doing to England what England does to us? Unquestionably nothing. To say that we have no right to do to England what England does to us, is to acknowledge our own inferiority; it is to acknowledge that she may demand without limitation, and that we are under obligation to submit without limitation.

I am aware that it may be objected to the resolutions that the adoption of them would lead to hostility: but the same objection is equally applicable to any resolution which would go to the vindication of our commercial rights. They ought not to lead to hostility; they are merely retaliatory. They follow the spirit of the British Orders in Council and French decrees, and therefore cannot be complained of by either power. There is a great and profitable commerce, and rapidly increasing, passing not indeed before our doors, but near enough to make the capture of vessels engaged in it convenient to us, which the resolutions have chiefly in view. I allude to the Brazil and Spanish Main trade.

Is it not matter of surprise that a commerce so profitable, so extensive, and so convenient, should have been permitted to a Government which permits no commerce to us but what her convenience and her interest suggest? Is it not strange that we should have suffered that Government to participate in a commerce which both our interest and our convenience stimulate us to engross? But, above all, is it not inexplicable that we should passively have suffered the monopoly of it by her, when we ourselves were willing and able to engross it? The House will perceive, on the face of the resolutions, that, as they regard France, they are equivalent to a war measure – neither by a war measure, nor by that which I have the honor to submit, can we come in contact with France; she has no commerce on the ocean. In relation to England it is short, infinitely short, of war; because by war her Continental Colonies would fall; her West India Islands would be distressed, and our privateers would cut up her commerce; but the resolutions propose merely to retort the evils of her own injustice, to do to her what, and no more than what, she has done to us. Reserving for another occasion any further remarks, I beg leave to read the resolutions to the House.

Mr. T. then read the following resolutions:

Resolved, That it is expedient to authorize the President by law to instruct the commanders of the armed vessels of the United States to stop and bring into the ports of the same all ships or vessels with their cargoes, the property of the subjects of the King of Great Britain and of the Emperor of France, bound to ports other than those within the dominions or colonies of either.

Resolved, That it is expedient further to authorize by law the detention of all ships or vessels, with their cargoes, the property of the subjects of the King of Great Britain, until the duties to be regulated and ascertained by law shall be first levied and collected upon the goods and merchandise whereof the said ships or vessels shall be laden, and until the said ships or vessels shall have received due license to depart.

Resolved, That it is expedient further to authorize by law the detention of all ships or vessels, with their cargoes, the property of the subjects of the Emperor of France, brought within the ports of the United States, there to abide the final decision or order of the Government in relation to the same.

Resolved, That an ad valorem duty of – be levied and collected on all the goods, wares, or merchandise, of British product or manufacture.

Resolved, That it is expedient further to authorize the President, on payment of the duties authorized to be levied and collected on the goods laden on board vessels the property of the subjects of the King of Great Britain, forthwith to grant a license to such vessels to depart and to proceed to the port of original destination without further hindrance or molestation.

The House having agreed to consider these resolutions —

On motion of Mr. Troup, they were ordered to lie on the table, as he stated, to give every member the same time to consider them as he had himself taken.

Tuesday, December 5

Two other members, to wit, from Maryland, John Campbell; and from Georgia, Dennis Smelt, appeared, and took their seats in the House.

Tuesday, December 7

Another member, to wit, from New York, Uri Tracy, appeared, and took his seat in the House.

Challenges, Duels, &c

Mr. Bacon said he held in his hands three propositions which deemed it his duty to submit to the House. They were not for the regulation of the great concerns with foreign nations, but for the necessary object of regulating themselves. It would be seen that these resolutions had not grown out of any personal considerations, nor out of any particular case, but out of the serious evils to which the House had been exposed by the want of such regulations from the commencement of the Government. In 1796, the evil had risen to such a height that the House had unequivocally expressed its opinion on it.⁸ Mr. B. said he felt it his duty to express his sense on the subject by laying the resolutions on the table, and more particularly as he understood that the subject was now agitated in the committee appointed to draught rules and orders for the government of the House. He would merely remark that the resolutions might not be correct in form, or they might be altogether erroneous in principle. He was not anxious as to the particular form; but he was decidedly in favor of the general object, and wished to take the sense of the House upon it. For himself he was well prepared to act on them; but for the convenience of others he wished them to lie on the table.

Resolved, That the committee appointed to report on the rules and orders for the government of the House, do report a rule declaring, "That if any member, in the course of debate, shall make use of opprobrious or vilifying language with respect to any member, or call into question the integrity of his motives, or those of either branch of the Government in relation to the discharge of his official duties, except on a motion for impeachment, or for other interposition of the constitutional powers of this House – or apply to either indecorous or reproachful expressions – it shall be deemed a breach of the orders of the House."

That said committee be instructed further to report a rule declaring, "That if any member, during the session of Congress, whether of the House or not, shall give or send to any other member during his actual attendance at the seat of Government, a challenge to fight a duel, or if the member so challenged shall accept the same, it shall be deemed a breach of the privileges of the House, as well on the part of such members as on that of any other person whether a member or not, who shall be aiding, abetting, or assisting in giving or sending such challenge, or in carrying the same into effect, and every such member shall be held liable to be expelled from the House therefor."

That said committee be further instructed to report a rule declaring, "That if any person, during the session of Congress, whether a member of the House or not, shall commit personal violence or assault upon any member during his actual attendance at the seat of Government, it shall be deemed a breach of the privileges of the House, as well on the part of the person so assaulting, as on that of any other person who shall be aiding, abetting, or assisting therein, and such person, if a member, shall be held liable to be punished therefor, at the discretion of the House."

Ordered to lie on the table.

Friday, December 8

Two other members, to wit: from Maryland, Philip B. Key, and from Virginia, Daniel Sheffey, appeared, and took their seats in the House.

Monday, December 11

Several other members, to wit: from Massachusetts, William Stedman and Edward St. Loe Livermore; from New York, Barent Gardenier; and from Pennsylvania, John Ross, appeared, and took their seats in the House.

The Speaker laid before the House a letter from Wilson C. Nicholas, resigning his seat as one of the members of the House, for the State of Virginia. The letter was read, and ordered to lie on the table.

Batture at New Orleans

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

Resolved, That provision ought to be made by law to authorize the President of the United States to cause the several persons who were removed from the batture, in front of the suburb St. Mary, in the city of New Orleans, on the 25th January, 1808, to be restored to the possession thereof; to be held with the same right with which they respectively held the same, prior to such removal; any thing to the contrary notwithstanding.

Resolved, That it is expedient to authorize the President of the United States, if he shall be of opinion that the United States have such a claim to the batture, in front of the suburb of St. Mary, in the city of New Orleans, as will justify the expense of prosecuting the same, with the assent of the persons removed therefrom, on the 25th January, 1808, to name three persons, who shall have full power to hear, and finally determine, all right, title, claim, and demand, whatsoever, as well of the United States as the persons so removed, both in law and equity; and their decision, or a majority of them, shall be binding, as well on the United States as the said parties.

Resolved, That it is expedient to authorize the President of the United States, if he shall deem it most proper, to compromise the conflicting claims of the United States and the persons removed from the batture of the suburb of St. Mary, in the city of New Orleans, or cause the same to be tried in a court of the United States, in such a manner, and at such place, as will secure an impartial trial.

The said resolutions were read, and ordered to lie on the table.

British Minister – Mr. Jackson's Circular

Mr. Quincy observed that he perceived that in the letter from Mr. Smith to Mr. Pinkney accompanying the Message from the President of the United States of the 29th November, 1809, an allusion was made to an important paper headed "Circular," which had not been communicated to Congress. He perceived, also, that by the resolution just received from the Senate, a specific declaration was required as to the contents of that very paper. It appeared to him extremely proper that the House should have that paper on its files, and within the reach of its members, before a declaration was made respecting it. Under this impression he offered the following resolution:

Resolved, That the President of the United States be requested to lay before the House a copy of a paper purporting to be a circular letter from Mr. Jackson to the British Consuls in the United States, referred to in the letter of the Secretary of State to Mr. Pinkney, accompanying the Message of the 29th November.

Mr. Dana observed that there was another document which it might be of some importance to have on the file of the House, and which it might be also necessary to consult – that was, the despatch from Mr. Canning, which it appeared was sent by Mr. Pinkney to the Secretary of State. He moved to add that paper to the resolution.

Mr. Quincy accepted the amendment as a part of his resolution.

Mr. Eppes asked for a division of the question. He said he was willing to call for any paper which was, or might be presumed to be in possession of the Department of State; but it could not be presumed that the circular of Mr. Jackson was in that office in any other form than that referred to in Mr. Smith's letter, viz: in a printed form. Certain it was that it could not be in the Department of State, because it was dated subsequently to the intimation that no further communication would be received from that source by the Secretary of State. The only reason, he presumed, why the other paper alluded to had not been communicated to Congress, was, that it was a printed paper, purporting to be a despatch from Mr. Canning. He had no further objection to the call for either of these papers, other than it was neither decorous nor proper to call upon the President for that which could not be officially in his possession.

Mr. Gardenier observed that, in addition to other forcible considerations, it would be treating the Executive rudely, when he had called their attention to a particular paper, to go to any other source to procure it; besides that, in the latter case, a spurious copy might be imposed upon the House. If the President referred to a certain document as justifying his conduct, by procuring that document the House would have the whole ground before it. What would be the situation of the House, if, pursuing the ideas of some gentlemen, every member was to bring forward a document which he believed to be the legitimate one, and all these copies should differ? Who was to decide which was the correct one? If the House were to act at all on this subject, it was not only respectful and just to the President, but extremely civil, to inquire of him on what ground he has acted. As a true American, and staunch republican, Mr. G. was desirous to give the President every opportunity of doing himself justice.

Mr. Quincy said that a copy of this circular having been forwarded to our Minister in England, a copy must remain on the files of the Secretary of State's office; and, therefore, he asked for it merely that the House might have on this occasion precisely that information which the Secretary of State had communicated to Mr. Pinkney.

The question was taken on the first part of the resolution, viz: on that part moved by Mr. Quincy, and finally carried – yeas 53, nays 52.

The question was then taken on Mr. Dana's amendment, viz: on that part calling for a copy of the paper purporting to be a despatch from Mr. Canning to Mr. Erskine, and carried without opposition.

Mr. Whitman offered an amendment understood to be intended to embrace in the papers to be called for, the note from Mr. Erskine to Mr. Smith containing the "three conditions" which are admitted in Mr. Smith's letter of October 19, to have been submitted to him by Mr. Erskine.

On the suggestion of Mr. Quincy, this motion was declared to be out of order, as it was now too late to receive an amendment to the resolution, both clauses of it having been affirmed by the House.

The question was then put on the whole resolution, as amended, and the yeas and nays being demanded on its passage.

Mr. Rhea said he should vote against the resolution, as by passing it the House could add nothing to its stock of information, nor receive any official document; in both cases it could receive only a printed paper.

The question was then decided by yeas and nays, in the affirmative – yeas 69, nays 46.

Mr. Quincy and Mr. Dana were appointed a committee to present the foregoing resolution to the President of the United States.