Chapter XXXVII: Front Matter (37)

On the other point contained in the remonstrance, viz: the injurious operation of the law respecting trade and intercourse with the Indian tribes, he did not think it necessary now to make many observations, the report of the committee was, that it should be revised and amended; as that law expires by its own limitation with this session, it is a subject that must be taken up, and at that time he should submit to the consideration of the House the various matters which seemed to impress themselves so strongly upon the minds of his constituents.

Mr. B. said, the report of the committee was peculiarly grateful to him, and he hoped the confirmation of it by Congress would be so to his constituents, because the individuals who composed the committee were so long and so well known in the United States, that their report will be likely to have a great effect in finally settling the minds of people on those old subjects of reproach and discord, especially as it is in direct conformity with the copious report of the three Commissioners who examined into the same subject on the spot, as he had before mentioned. This appeared to him to be a matter of great importance.

From the close of the Revolution to the present time, these reproaches have always been at the threshold, to encounter every thing that was proposed in behalf of that growing and important part of the United States. The Revolution had raged there to such a degree, and the minds of men were so embittered against each other, that it required more than the usual time for them to lay aside the fierceness of their hostility. Though their enemies were driven from them, yet they were not driven beyond the recoil of their resentment. This, joined to the disappointment of some pecuniary enterprises of individuals for gain, had been the cause of those malignant torrents of reproach which have but too long poured forth upon the greater part of their councils, and upon the most distinguished of their public servants.

It was well known to him, and to some who heard him, that their calls for protection on a very extensive and very turbulent frontier, had, till within these few years, always been repelled with reproaches, that they had never been any thing but an expense; were totally delinquent in bearing the burdens of the Revolution; that they had been carried through entirely at the expense of the other States; and that they ought not now to be protected any further till they were willing to pay requisitions. When this reproach was wiped off by the report of the General Board of Commissioners, on the settlement of the whole account of the old co-partnership of the Confederation, and the very small number there, at that time, appeared to have done the proportion of the whole number by the census which was the rule of the settlement, and to have reimbursed the great delinquency of the loan officers appointed by Congress, for which they were made accountable, still they were told they must protect themselves, for they wronged the Indians out of their lands, and this was the cause of their suffering. It appears now, in the result, that they have always discharged all their Federal obligations, and much more, and instead of getting away the lands from the Indians, the Indians have got away their lands, and they cannot get them back.

He believed there could not be much doubt left but that the principles contained in the report of the committee were just and proper. These had been to him for many years very sore objects; the position in which he considered them immovably fixed gave him great pleasure. His constituents had not sent him here to play the champion. He thought it could not be denied that there was some ground for them to triumph over those who had so long vilified and abused them. He begged leave still further to urge the measures recommended by the committee, from the consideration of the small expenditures which have been made on that frontier, in proportion to the others.

The accounts of the military expenditures on the northern frontiers, were now more than ten millions of dollars. This had been begun, and principally originated from a regular expedition to destroy a village of fugitive Indians, who committed depredations on the northern frontier; a similar village on the southern frontier, called the Chehaw, was also destined by the Government for a similar expedition; but the measure failed in the Legislature, and that frontier was left to protect themselves. This has been done; the fugitives in that village have been driven off by a party of volunteers. He believed the whole amount of military expenditures on that frontier, till the time of entire peace with the Indians, did not exceed a quarter of a million, and nearly one hundred thousand of that the militia had now been kept out of for four or five years; though he hoped and trusted they would not much longer have cause of complaint on that head. After the observations which he had made, he thought no apology was necessary for some apparent harshness in the language of the remonstrance.

As to the course which it is proper to pursue in granting relief on the subject, he had not much to say. He was confident the expectations of the State were not unreasonable; he was sure they would be satisfied with any result which could be considered as fair and honorable; and his confidence in the House forbade him to suppose for a moment that it could be brought to any other. The course recommended by the committee in their resolution now under consideration, is either to make compensation to the State for the land which has been relinquished, and for the damages which they have sustained, or else to repurchase that district or another district, on that frontier, of equal value. He said he had laid on the table a certificate from the Surveyor General of that State, taken at that time, as to the length of the lines enclosing that district, and the probable contents of it. If the report of the committee should be agreed to, a bill might be reported in conformity to one or the other, or all of those principles, as might be thought proper. He was contented in leaving it to the judgment of the House.

On the call of Mr. BROOKS, the representation and remonstrance were read. After which,

Mr. CHAMPLIN moved that the committee might rise, with a view of postponing this subject till the next session of Congress. He thought the language of the remonstrance too violent and indecorous to claim attention from the House. This opinion was also supported by Mr. DANA. Messrs. BAYARD and N. SMITH wished this motion to prevail, because they doubted the propriety of the report, and supposed there would not be time thoroughly to investigate the business during this session.

On the other hand, Messrs. PINCKNEY, RUTLEDGE, HARPER, GALLATIN, VENABLE, W. CLAIBORNE, J. PARKER, and MACON, were against the postponement. The objection to the language, it was said, was out of time. If made at all, it ought to have been made when the remonstrance was presented; that some allowance ought to be made for the language, as it appeared to have been drawn in a moment of passion; that if the claim was just, it ought not to be rejected because it was made in improper language, especially, since the Legislature of Georgia were not the only persons concerned, as the inhabitants on the frontier, while this subject is undecided, are suffering severely from Indian cruelties and depredations.

The question for leave to be given to the committee to sit again, was carried by 69 votes.

TUESDAY, January 8, 1799.

_Impressment of Seamen._

The following Message was received from the PRESIDENT OF THE UNITED STATES:

_Gentlemen of the House of Representatives:_

In compliance with your desire, expressed in your
resolution of the 2d of this month, I lay before you an
extract of a letter from George C. Morton, acting Consul of
the United States at Havana, dated the 13th of November,
1798, to the Secretary of State, with a copy of a letter
from him to L. Trezevant and William Timmons, Esqs., with
their answer. Although your request extends no further than
to such information as has been received, yet it may be a
satisfaction to you to know that as soon as this
intelligence was communicated to me, circular orders were
given, by my direction, to all the commanders of our
vessels of war; a copy of which is also herewith
transmitted. I also direct this intelligence and these
orders to be communicated to His Britannic Majesty's Envoy
Extraordinary and Minister Plenipotentiary to the United
States, and to our Minister Plenipotentiary to the Court of
Great Britain, with instructions to him to make the proper
representation to that Government upon this subject.

It is but justice to say that this is the first instance of
misbehavior of any of the British officers towards our
vessels of war, that has come to my knowledge. According to
all the representations that I have seen, the flag of the
United States, and their officers and men, have been
treated by the civil and military authority of the British
nation, in Nova Scotia, the West India Islands and on the
ocean, with uniform civility, politeness, and friendship. I
have no doubt that this first instance of misconduct will
be readily corrected.

_Jan. 8, 1799._

JOHN ADAMS.

[CIRCULAR.]

_To the Commanders of Armed Vessels in the service of the
United States; given at the Navy Department, December 29,
1798._

SIR: It is the positive command of the PRESIDENT, that on
no pretence whatever, you permit the public vessel of war
under your command to be detained, or searched, nor any of
the officers or men belonging to her to be taken from her,
by the ships or vessels of any foreign nation, so long as
you are in a capacity to repel such outrage on the honor of
the American flag. If force should be exerted to compel
your submission, you are to resist that force to the utmost
of your power, and when overpowered by superior force, you
are to strike your flag, and thus yield your vessel, as
well as your men; but never your men without your vessel.

You will remember, however, that your demeanor be
respectful and friendly to the vessels and people of all
nations in amity with the United States; and that you avoid
as carefully the commission of, as the submission to,
insult or injury.

I have the honor to be, sir, your obedient servant,

BEN. STODDERT.

Letters which accompanied the above Message:

_Extract of a letter from George C. Morton, acting Consul
of the United States at the Havana, dated there the 18th
November, 1798, to the Secretary of State._

"By the delegation of Daniel Hawley, Esq., I am at present
acting as Consul of the United States in this district,
with which he will most probably have acquainted you. It
imposes upon me the mortifying task of informing you, sir,
of the partial capture of an American fleet under the
convoy of the Baltimore sloop-of-war, ---- Phillips, Esq.,
commander, by a British squadron, off this harbor,
accompanied with circumstances rather grating to the
feelings of Americans, and by no means analogous to that
good harmony which seems to subsist between the two
Governments.

"The answer of Messrs. Trezevant and Timmons to my annexed
note of the 17th instant, requesting an exact relation of
the occurrence, will I presume be deemed as impartial a
narration as can be given of the whole transaction, they
having been passengers on board one of the captured
vessels, and removed to the Baltimore.

"Mr. Morton adds, that Commodore Loring ordered the
fifty-five men out of the Baltimore "on board of his ship,
previous to any proposal of exchanging the natives of one
nation for those of the other, and retained five of the
hands as being British subjects, without giving an equal
number of Americans, whom he acknowledged to have on
board.""

HAVANA, _November, 17, 1798_.

GENTLEMEN: As acting American Consul for this city and
district, and of course obliged to forward the most
correct statement possible to the Government of the United
States officially, I would beg the favor of you, gentlemen,
to furnish me with an exact relation, under your
signatures, of the unpleasant occurrence which took place
off the Moro Castle on the 16th instant, by which you will
much oblige,

Gentlemen, your most obedient servant,
GEO. C. MORTON.