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Chapter I: A. Coles (59)

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With respect to the necessity of providing an additional revenue for the year 1814, I beg leave to refer to the statements made and opinions expressed, when I had the honor several weeks ago to wait on the Committee of Ways and Means. And I beg leave to add that this necessity has been considerably increased by the subsequent expenditures authorized by law; amongst which must be particularly mentioned the act for the increase of the navy, and that for raising twenty thousand men for one year. Indeed, considering the general rate of expenditure resulting from the war measures which have been adopted, I am of opinion it will be necessary to recur both to a modification or repeal of the non-importation acts and to the proposed internal taxes, in order to provide a revenue commensurate with those expenses. When an additional revenue of five millions was believed sufficient, that opinion was predicated on the supposition made by the committee, that annual loans of only ten or twelve millions of dollars would be wanted. With a revenue of twelve millions of dollars for this year, it is ascertained that a loan of at least sixteen millions is necessary.

I have the honor to be, &c.,

ALBERT GALLATIN.

Hon. LANGDON CHEVES, _Chairman, &c._

The report and documents were read.

Mr. CHEVES then introduced the bill above mentioned, which was read the first time, and ordered to be read a second time by a vote of 44 to 36.

TUESDAY, February 16.

Mr. MILNOR presented a memorial of the Pennsylvania Society for promoting the Abolition of Slavery, complaining that American vessels, navigated by American citizens, are engaged in the African slave trade, under the flags of foreign nations, and praying that Congress will take this subject into consideration, and pass such laws as will remedy the evil of which they complain.--Referred to a select committee; and Mr. MILNOR, Mr. ROBERTSON, Mr. GROSVENOR, Mr. WHEATON, and Mr. EARLE, were appointed the committee.

_Naturalization Laws._

On motion of Mr. LACOCK, the House resolved itself into a Committee of the Whole, on the bill to amend the naturalization laws of the United States; which, having been amended in committee, was reported to the House.

Mr. LACOCK moved to amend the bill by extending the naturalization of aliens to all those "who have heretofore or may within nine months hereafter, declare their intention agreeably to law to become citizens of the United States," and declaring that they may be admitted as such.

This motion was negatived.--For the amendment 45, against it 48.

On the question of concurrence with the committee in striking out the second section of the bill, which deprives of his right to the privileges of citizenship any citizen who shall depart from and remain without the limits of the United States for a term of two years--the yeas and nays were, for striking out the section 71, against it 43.

The bill having been thus amended, was ordered to be engrossed for a third reading.

WEDNESDAY, February 17.

The engrossed bill supplementary to the several acts on the subject of a uniform rule of naturalization, was read a third time.

Mr. BACON opposed its passage on the ground of the impolicy of encouraging the emigration of alien enemies during the existence of war; and concluded a short speech against the bill by moving its commitment to a Committee of the Whole.

Mr. GRUNDY supported the motion on the ground of defects in the detail of the bill, which he wished to amend.

The motion for recommitment was carried by a large majority, and the bill made the order of the day for Monday.

_War Taxes._

Mr. LITTLE introduced the following resolution, with some remarks in favor of the policy of the non-importation act, to which he avowed himself to be very friendly, and to the suspension of which he was opposed:

"_Resolved_, That the Committee of Ways and Means be, and
hereby are, instructed to report to this House a bill or bills
laying taxes for the support of the War."

The question of considering of this resolution was decided in the affirmative, by yeas and nays--for consideration 66, against it 38.

The resolution being thus presented to the House for its adoption--

A desultory debate of two hours took place on it, in the course of which a motion was made by Mr. GRUNDY to lay the resolution on the table, and negatived--60 to 45.

The following was the course of the debate, which was of too irregular a nature to be reported entire:

Mr. GRUNDY opposed the motion, because it had already been declared impracticable, by the Committee of Ways and Means, to act properly on the subject at the present session.

Mr. LITTLE supported it, on the ground of his opposition to a suspension of the non-importation act, a measure which he reprobated as injurious to the manufactures of our country, and weakening our measures against Great Britain, of which he considered the non-importation act to be as powerful as any.

Mr. STOW advocated the motion, because he wished the House to redeem the pledge given at the last session, that taxes would be laid at this, and to observe something like consistency in their proceedings.

Mr. WEIGHT was also warmly in favor of the measure, and rather imputed blame to the Committee of Ways and Means for not having before acted on this subject, without waiting for instructions from the House.

Mr. BIBB replied to the remarks which had been made in favor of the resolution. At the last session it was presumed that it would be necessary to lay taxes at this session; but the revenue accruing in the intermediate time had swelled so far beyond its anticipated amount as to render it unnecessary to levy taxes for the service of the ensuing year.

Mr. WRIGHT again spoke in favor of the motion.

Mr. RICHARDSON was decidedly in favor of a repeal or modification of the non-importation act, though he believed both that measure and the imposition of taxes would be necessary to supply the revenue.

Mr. MCKIM was in favor of the motion, because he was opposed to the suspension or weakening of the non-importation act.

Mr. CHEVES spoke at length in defence of the Committee of Ways and Means, and in demonstration of the impracticability of acting on the subject properly at the present session. Sitting day and night, and passing by all other business, a proper system of taxation could not be digested and put into the form of law before the end of the session. Two only out of fourteen of the bills it would be necessary to pass to carry the system proposed at the last session into effect, would require the whole of the present session to perfect them. The passage of a system of taxation, besides, would not obviate the necessity of the passage of the law suspending partially the non-importation act. It would require both. The taxes, he agreed, must be laid, but could not at the present session.

Mr. WRIGHT replied.

Mr. STOW again spoke. He would, if all the tax bills could not be passed, at least pass one, and break the charm which seemed to withhold the House from touching the subject.

Mr. ARCHER moved to strike out the whole of the resolution, for the purpose of inserting an instruction to the Committee of Ways and Means to report a bill or bills, pursuant to the report of the Committee of Ways and Means on this subject, which passed the House on the 4th day of March, 1812.

This modification of the motion was accepted by Mr. LITTLE.

Mr. CHEVES then withdrew his objection to the motion, as it contained a definite instruction, and he felt a delicacy as a member of the Committee of Ways and Means in opposing it, though he was convinced it would be impracticable to pass the bills at the present session.

Mr. ROBERTS opposed the motion, and expressed his regret that the discussion, which was fixed for to-morrow, should be forestalled by this resolution.

Mr. JOHNSON warmly opposed the motion, as going to cast censure on a committee which had labored day and night in its vocation, and requiring them to originate measures which they had already declared it impracticable to act on at the present session, &c.

Mr. WIDGERY also spoke against the motion, decidedly.

The question on the adoption of the resolution as modified by Mr. ARCHER, was decided in the negative--yeas 47, nays 69.

THURSDAY, February 18.

_Encouragement to Privateering._

On motion of Mr. LITTLE, the House resolved itself into a Committee of the Whole, on the bill remitting the claim of the United States to certain goods, wares, &c., captured by the private armed vessels of the United States.

Mr. MCKIM, under the belief that the bill as it now stands does not place privateers on a better footing than before, and does not answer the object intended by the resolution which produced it, proposed the following substitute by way of amendment:

"That all right and claim of the United States to British
property, which may have been captured by American privateers,
arising from forfeiture under any provision of the act entitled
'An act to prohibit commercial intercourse between the United
States and Great Britain and France and their dependencies, and
for other purposes,' and an act entitled 'An act concerning
the commercial intercourse between Great Britain and France
and their dependencies, and for other purposes,' and an act
supplementary to the last mentioned act, be, and the same is
hereby relinquished for the benefit of the owners, officers,
and crews of the privateers respectively that may have captured
the same."

This amendment produced some discussion, in which Messrs. MCKIM and WRIGHT advocated the motion, and Messrs. ROBERTS and FISK opposed it; when the question was taken and lost, without a division.

Mr. ROBERTS moved to amend the bill, so as to include captures made of goods which were shipped anterior to as well as since the declaration of war was known in England. This amendment was adopted, 46 to 32.

The committee then rose, reported the bill to the House, as amended; the amendments were concurred in, and the bill ordered to be engrossed and read a third time to-morrow, 47 to 39.

FRIDAY, February 19.

Another member, to wit, from New Hampshire, GEORGE SULLIVAN, appeared, and took his seat.

_Encouragement of Private Armed Privateering._

The engrossed bill to release the claims of the United States on certain goods, wares, and merchandise, captured by private armed vessels, was read a third time, and debated.

The bill was passed by the vote, by yeas and nays--for the bill 52, against it 38:

_Capture of the Java._

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

_To the Senate and House of
Representatives of the United States_:

I lay before Congress a letter, with accompanying documents,
from Captain Bainbridge, now commanding the United
States frigate "the Constitution," reporting his capture
and destruction of the British frigate "the Java." The
circumstances and the issue of this combat afford another
example of the professional skill and heroic spirit which
prevail in our naval service. The signal display of both by
Captain Bainbridge, his officers, and crew, command the highest
praise.

This being a second instance in which the condition of the
captured ship, by rendering it impossible to get her into
port, has barred a contemplated reward of successful valor,
I recommend to the consideration of Congress the equity and
propriety of a general provision, allowing, in such cases, both
past and future, a fair proportion of the value which would
accrue to the captors on the safe arrival and sale of the prize.

FEB. 22, 1813.

JAMES MADISON.

U. S. FRIGATE CONSTITUTION,

ST. SALVADOR, _January 3d, 1813_.

SIR: I have the honor to inform you that, on the 29th ultimo,
at 2 P. M., in south latitude 13° 6', and west longitude 38°,
about ten leagues distant from the coast of Brazil, I fell in
with, and captured, His Britannic Majesty's frigate Java, of
49 guns, and upwards of four hundred men, commanded by Captain
Lambert, a very distinguished officer. The action lasted one
hour and fifty-five minutes, in which time the enemy was
completely dismasted, not having a spar of any kind standing.
The loss on board the Constitution was nine killed and
twenty-five wounded, as per enclosed list. The enemy had sixty
killed and one hundred and one wounded, certainly; (among the
latter, Captain Lambert, mortally;) but by the enclosed letter,
written on board this ship, by one of the officers of the Java,
and accidentally found, it is evident that the enemy's wounded
must have been much greater than as above stated, and who must
have died of their wounds previously to their being removed.
The letter states sixty killed and one hundred and seventy
wounded.

For further details of the action, I beg leave to refer you
to the enclosed extracts from my journal. The Java had, in
addition to her own crew, upwards of one hundred supernumerary
officers and seamen, to join the British ships of war in the
East Indies; also, Lieutenant General Hislop, appointed to
the command of Bombay, Major Walker, and Captain Wood, of
his staff, and Captain Marshall, master and commander in the
British navy, going to the East Indies to take command of a
sloop of war there.

Should I attempt to do justice, by representation, to the
great and good conduct of all my officers and crew, during
the action, I should fail in the attempt; therefore, suffice
it to say, that the whole of their conduct was such as to
merit my highest encomiums. I beg leave to recommend the
officers particularly to the notice of Government, and also the
unfortunate seamen who were wounded, and the families of those
brave men who fell in the action.

The great distance from our own coast, and the perfect wreck we
made of the enemy's frigate, forbade every idea of attempting
to take her to the United States. I had, therefore, no
alternative but burning her, which I did on the 31st ultimo,
after receiving all the prisoners and their baggage, which was
very tedious work, only having one boat left out of eight, and
not one boat left on board the Java.

On blowing up the frigate Java, I proceeded to this place,
where I have landed all the prisoners, on their parole, to
return to England, and there remain until regularly exchanged,
and not to serve in their _professional capacities_, in any
place, or in any manner whatever, against the United States of
America, until said exchange is effected. I have the honor to
be, &c.

WILLIAM BAINBRIDGE.

Hon. PAUL HAMILTON, _Secretary Navy_.

TUESDAY, February 23.

_The Frigate Constitution._

The House resolved itself into a Committee of the Whole on the bill, reported by the Naval Committee this morning, to compensate the officers and crew of the United States frigate Constitution for the destruction of the British frigates Guerriere and Java. [This bill provides that ---- dollars shall be paid out of the Treasury to Captain Hull and the officers and crews of the Constitution frigate, and a like sum to Captain Bainbridge and his crew, for their two gallant achievements; and appropriates a sum of ---- dollars therefor.]

Mr. BASSETT moved to fill the first blank with fifty thousand dollars.

After some conversation between Messrs. BASSETT, ELY, STOW, and MILNOR, on the propriety of making a general instead of a special provision on this head, as recommended by the President, the question on filling the first blank with fifty thousand dollars was carried in the affirmative, ayes 60.

The second blank was then filled with one hundred thousand dollars.

The committee rose and reported the bill; and the amendments were concurred in.

The bill was then ordered to be engrossed, and read a third time.

WEDNESDAY, February 24.

_The Frigate Constitution._

The bill making compensation to the officers and crew of the frigate Constitution for the destruction of the British frigates Guerriere and Java, was read a third time and passed, by yeas and nays. For the bill 61, against the bill 39.

_Order in Council._

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

_To the Senate and House of
Representatives of the United States_:

I lay before Congress copies of a proclamation of the
British Lieutenant Governor of the island of Bermuda, which
has appeared under circumstances leaving no doubt of its
authenticity. It recites a British Order in Council of the 26th
of October last, providing for the supply of the British West
Indies and other colonial possessions, by a trade under special
licenses; and is accompanied by a circular instruction to the
Colonial Governors, which confines licensed importations from
ports of the United States, to the ports of the Eastern States
exclusively.

The Government of Great Britain had already introduced into
commerce during war, a system, which, at once violating the
rights of other nations, and resting on a mass of forgery and
perjury unknown to other times, was making an unfortunate
progress in undermining those principles of morality and
religion which are the best foundation of national happiness.

The policy now proclaimed to the world, introduces into
her modes of warfare a system equally distinguished by the
deformity of its features, and the depravity of its character;
having for its object to dissolve the ties of allegiance and
the sentiments of loyalty in the adversary nation, and to
seduce and separate its component parts, the one from the other.

The general tendency of these demoralizing and disorganizing
contrivances will be reprobated by the civilized and Christian
world; and the insulting attempt on the virtue, the honor, the
patriotism, and the fidelity of our brethren of the Eastern
States, will not fail to call forth all their indignation and
resentment, and to attach more and more all the States to that
happy Union and Constitution, against which such insidious and
malignant artifices are directed.

The better to guard, nevertheless, against the effect of
individual cupidity and treachery, and to turn the corrupt
projects of the enemy against himself, I recommend to the
consideration of Congress the expediency of an effectual
prohibition of any trade whatever, by citizens or inhabitants
of the United States, under special licenses, whether relating
to persons or ports; and, in aid thereof, a prohibition of all
exportation from the United States in foreign bottoms--few of
which are actually employed--whilst multiplying counterfeits
of their flags and papers are covering and encouraging the
navigation of the enemy.

JAMES MADISON.

FEBRUARY 24, 1813.

The Message and accompanying documents were referred to the Committee on Foreign Relations.

_Extra Session._

The House went into Committee of the Whole on the bill to alter the time of the next meeting of Congress--a motion being under consideration to fix on the fourth Monday in October.

Mr. GRUNDY spoke in reply to some observations of Mr. JOHNSON (on yesterday) in favor of that day. Mr. G. was decidedly in favor of meeting in May; he believed it necessary to the support of public credit that the House should meet in May. Had not the Committee of Ways and Means first taught him that an early session was necessary with that view, if revenue should not, as it would not, be provided at this session, he should not have been found advocating an extra session. The House had been told by their financial committee, that it was indispensably necessary forthwith to provide a revenue; and that a paper system, without a foundation of permanent revenue, would involve the nation in disgrace or irretrievable ruin. Mr. G. quoted various reports of the Committee of Ways and Means to show that they had made such statements. With these facts staring him in the face, how could he do otherwise than urge an early session? If it was indispensably necessary a day or two ago to provide a revenue, what had since occurred obviating that necessity? Nothing. War had been declared, and it was the duty of those who declared it to provide the ways and means of carrying it on. Mr. G. protested against the idea which had been advanced of giving enormous interest for loans, and against accumulating a large debt, almost without the knowledge of the people on whom it would be saddled, and expressed his determination, as far as lay in his power, to go on and provide the ways and means.

SATURDAY, February 27.

_Power of Retaliation._

The bill giving to the President of the United States the power of retaliation in certain cases therein mentioned, was read a third time.

A motion was made by Mr. QUINCY to adjourn--lost, 56 to 16.

The bill was then passed by the following vote:

YEAS.--Willis Alston, jr., William Anderson, Stevenson Archer,
David Bard, William Barnett, Burwell Bassett, William W. Bibb,
William Blackledge, William Butler, John C. Calhoun, Francis
Carr, Langdon Cheves, James Cochran, John Clopton, Richard
Cutts, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle,
Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L.
Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper,
John M. Hyneman, Richard M. Johnson, William Kennedy, William
R. King, Peter Little, William Lowndes, Thomas Moor, William
McCoy, Samuel L. Mitchill, James Morgan, Jeremiah Morrow, Hugh
Nelson, Thomas Newton, Stephen Ormsby, Israel Pickens, William
Piper, James Pleasants, jr., John Rhea, John Roane, Jonathan
Roberts, Thomas B. Robertson, Adam Seybert, Samuel Shaw, George
Smith, John Taliaferro, Charles Turner, jr., Robert Whitehill,
David R. Williams, and Robert Wright.

NAYS.--Abijah Bigelow, Elijah Brigham, Epaphroditus Champion,
Martin Chittenden, James Emott, Asa Fitch, Thomas P. Grosvenor,
Lyman Law, Jos. Lewis, jr., Jonathan O. Mosely, Elisha R.
Potter, Josiah Quincy, William Reed, William Rodman, Daniel
Sheffey, Richard Stanford, and Leonard White.[35]

MONDAY, March 1.

_Foreign Licenses._

An engrossed bill to prohibit the use of licenses or passes, issued under the authority of any foreign Government, was read the third time.

And on the question, "Shall this bill pass?" it passed in the affirmative--yeas 59, nays 32.

_Relations with France._

Mr. GOLDSBOROUGH, after observing on the propriety of the House having all the information on foreign affairs which was accessible; and remarking, also, that they were much in the dark in respect to our relations with France, moved the following resolution:

_Resolved_, That the President of the United States be
requested to cause to be laid before this House the French
decree, purporting to be a repeal of the Berlin decrees,
referred to in his Message of the 4th of November last;
together with such information as he may possess concerning
the time and manner of promulgating the same; and, also, any
correspondence or information touching the relations of the
United States with France, in the office of the Department of
State, not heretofore communicated, which, in the opinion of
the President, it is not incompatible with the public interest
to communicate.

And on the question to agree to the same, it passed in the affirmative--yeas 102, nays 4.

Mr. GOLDSBOROUGH and Mr. KENNEDY were appointed a committee to present the said resolution to the President.

On motion, the House adjourned.

TUESDAY, March 2.

_Non-Exportations in Foreign Bottoms._

The House again resolved itself into a Committee of the Whole, on the bill prohibiting the exportation of certain articles therein specified, in foreign vessels.

Mr. CLAY spoke at considerable length in favor of this bill, as forming a complete system, connected with one which passed the House the other day, prohibiting the use of foreign licenses on board vessels of the United States, suited to the present relations of the United States, and to the proper action on the enemy.

Mr. ROBERTSON spoke as follows: Mr. Chairman, I do not often trespass on the patience of the House, but I request their attention whilst I state a few of the reasons which compel me to oppose the bill now under consideration.

I am the more disposed to do this, because my opposition arises from considerations in a great measure peculiar to myself, and because I differ with gentlemen in the correctness of whose opinions I usually concur. Without, then, considering the principles it involves, I reject this bill, because it is not in fact what it professes to be; it is not a restrictive measure; its provisions may operate prejudicially on ourselves, but cannot affect the enemy. In one of two general systems, I might go along with gentlemen. Let us have non-importation, non-intercourse, and embargo--thus the restrictive system may have its full bearing; let us refuse to purchase manufactures of the British; let us refuse to furnish them with provisions, then we may be consoled for the privations which we ourselves must experience, by reflecting on the great evils which we inflict on the enemy.

I can but smile at the patriotism of honorable gentlemen, who affect to starve the English by refusing to buy their manufactures, whilst they inundate the army, the navy, the colonies of that nation, with a profusion of all the necessaries and luxuries of life--they will starve a few miserable manufacturers, whilst they industriously feed their armed men. With the most glaring and barefaced inconsistency, they object to admitting into our markets any the minutest article of British manufacture, that the inhabitants may perish for the want of means to purchase bread; whilst bread is exported with a hope that it should, indeed a perfect certainty that it will be consumed by this same people. I cannot concur in these half-way measures. I voted for a repeal of the non-importation act. I hoped that commerce, sufficiently hazardous and fettered by the present state of the world, would cease to be shackled by ourselves. I hoped, that now the sword was drawn, we should carry on war in the usual and accustomed manner--that the Government would be aided by the receipt of revenue arising from duties and imposts--that the people would be thus partially relieved from taxes--that the nation would be strengthened and inspired by an accession of wealth, now more than ever necessary.

But whatever, sir, might be my opinion of this bill, viewed as a restrictive measure; for other considerations it meets with my decided disapprobation. We prohibit neutrals from clearing out from our ports with the productions of our country, whilst our own vessels are left free to do so. We deny to them that commerce, which as a neutral we formerly enjoyed. Heretofore we complained of the injustice of belligerents, and now that we are engaged in war, and that too for _neutral rights and free trade_, we are about to practise similar abuses. Aware that some apology would be deemed necessary, we call it a municipal regulation; it may be so--and perhaps we are borne out by strict law; but we attempt a justification on the ground of cutting off our enemy from supplies, of which he stands in need, and which, notwithstanding his perilous situation, he dares to hope to receive through a train of insolent artifices, derogatory to the integrity of the Union, and disgraceful to those with whom they shall prevail.

Now, sir, if the measure proposed could in any way counteract his views--if it went the full length of preventing him from procuring the various articles which his necessities require, I confess it would be inflicting a punishment, which not only the laws of war would authorize, but which the unprecedented baseness of his late attempt most loudly calls for; but no such effect will be produced. For what is there to prevent our vessels from transporting the products of the United States to Amelia, Pensacola, St. Bartholomews, there to be deposited, and thence carried in neutral or British bottoms to Jamaica, the Bahamas, or wheresoever else they may be wanted? And again, if, notwithstanding the hostile attitude in which we stand in relation to each other England is compelled to encourage a trade by license, will not her necessities equally induce her to connive at exportation? Can it be doubted, that her armed vessels would not be instructed to allow our provisions to pass unmolested, when, by pursuing a contrary conduct, she would be starving her own colonies? And is it not clear that a traffic, which the war prevents from being direct, would continue to be carried on, as it is at present, through intermediate ports?

Mr. Chairman, the present scheme seems to me to be merely calculated to produce vexation and embarrassment at home; to operate with peculiar hardship on neutral rights, without inflicting on the enemy any injury commensurate with these evils. Sir, if gentlemen wish to reap the full effect of a restrictive system, that system must be rigid and complete. Let our ports be sealed; let there be neither egress nor ingress; let us neither buy nor sell, and let us prepare to bear the positive burdens of active war. No section of our widely-extended Union could then complain of _peculiar_ oppression. The plan would present itself to us, recommended, at least, by the generality of its operation; by the impartiality of its character. But, if this cannot be done, if the shipping interests of some of the States, and the manufacturing establishments of others, must be encouraged, and if others still must sell their wheat and flour, let us pursue the opposite course; let us sweep restrictive measures by the board; thus should we enjoy all the advantages which would result to the Government from imposts, all the benefits that would accrue to individuals from exports. In either of these modes of proceeding I might concur; but I cannot consent to the plan now submitted, nor acquiesce in the wisdom or policy of our existing regulations. They are not promotive of the general welfare, but, on the contrary, are ruinous to the interests of that portion of the Union whose interest it is peculiarly my duty to protect. Yet, I cannot help observing that, however under their oppressive operation commerce languishes, and Southern agriculture is completely annihilated, they are tolerated by the Eastern States, because they promote their domestic manufactures, and impoverish and embarrass the Government; and they are advocated and supported by the Middle States, because they consider, or affect to consider them, as very patriotic; because they inflict privations, which, by-the-by, they do not feel; and, finally, because, nevertheless, they are enabled to sell off, at excellent prices, the productions of their farms. Thus, sir, a feast is spread before us; but it is served up, however splendidly and abundantly, in shallow dishes; and, while the foxes of the Eastern and Middle States lap up the soup with great dexterity, the storks of the Mississippi, Mobile, and Altamaha, look on, perhaps with admiration, but certainly with no satisfaction whatever. While, sir, the spleen of hostility towards the Government is gratified, while the manufacturing establishments of the East are promoted, while the middle section of the Union disposes of, at high prices, the abundant harvest of their fields, what becomes of the commerce of our country? What fate befalls the agriculture of the South? Our cotton rots on the stalk. From this proscription of foreign manufactures, the grower of the raw material is irretrievably ruined. Possibly he may sell an inconsiderable portion of his crop, for contemptible prices, to domestic manufacturers, while he is compelled to buy, at enormous rates, the articles which his wants require. If he wishes to sell, he finds no competition among purchasers. Does he find it necessary to purchase, he suffers equally from the want of competition among those who sell.

A debate of considerable length took place, in which Mr. CALHOUN supported the bill, though opposed to the amendment made on motion of Mr. QUINCY in Committee of the Whole.

Mr. GROSVENOR spoke as follows:

Mr. Speaker: When I had the honor to address you, on a measure which has finally passed this House, I stated, at some length, my reasons for believing that the Government had no serious intention to pass the bill now before you. But, sir, from a furious zeal, this day manifested in a certain quarter, to drive the measure through this House, I fear I was mistaken. I therefore deem it an indispensable duty, in the name of the commercial and agricultural districts which I represent, to enter my solemn protest against this new project of the Government.

I shall not enter into any argument, to show the impolicy, the injustice, and the danger of such a measure, considered as a measure of non-exportation. The task has been most ably and successfully performed by an honorable gentleman from South Carolina, (Mr. LOWNDES;) he has shown, that connected with the maritime power of the enemy, and with other bills already passed this House, this measure has all the blasting qualities, without even the few equivocal benefits of a broad restrictive system; and he has demonstrated the irreparable mischiefs which must result from such weak and mongrel measures. His reasoning has not been met--it cannot be refuted--I will not weaken its effect on the House, by attempting to enforce it.

My principal object in rising, was to examine the grounds upon which the honorable gentleman from South Carolina, (Mr. CALHOUN,) who last addressed you, has rested his justification of the measure. He has assured us, that it is not at all intended as a part of any new system; that its object is in no respect a prohibition of free and fair exportation. Sir, whatever gentlemen may intend, it is too palpable for denial, that this measure is, in truth, a restrictive and an anti-commercial measure, and in conjunction with the license bill already passed, must operate (as far as such weak and unnatural measures can operate) as a broad and iron system of non-exportation.

But, sir, what are the intention and the objects of the bill according to the view of that honorable gentleman: "To avenge insult"--"to retaliate on the enemy his attempts to destroy us"--"to carry to his own lips his own poisoned chalice." And where are these insults, these injuries, these vital attempts of the enemy to be found? Henry's celebrated mission, after rioting for a time on the spoils of the Treasury, has found the tomb of the Capulets. And although its ghost seems to haunt the honorable gentleman from South Carolina, yet sure I am, that a thing of air would not have inspired him with all those bitter feelings which he has poured forth upon the enemy.

No, sir, it is the last Message of the President which contains all this dreadful matter. In that Message came before us an Order in Council by the Prince Regent, and a letter from a British Secretary, to a West India Governor. Sir, by that order, certain West India ports are opened to the importation of articles which they wish to purchase, and to the exportation of produce which they wish to sell. This is no new practice; in every European war, the belligerent mother country has never failed to open some of her colonies to neutral commerce. By this order nothing more is done, and so far from any insult or injury to us in the body of the order, our nation is not even named.

The honorable gentleman from South Carolina (Mr. LOWNDES) has pertinently asked, to what extent you would carry your new principles of honor and retaliation. The enemy spares the commerce of the East, and destroys that of the South; you must equalize them by destroying the former. You cannot stop here. If the enemy _blockades_ the South, you must _embargo_ New England. If he burns Charleston and Norfolk, you must burn New York and Boston. In fine, any thing spared in one section of the Union by the enemy, which he has the power to destroy, and not spared in another, must be destroyed by our Government, by way of equalizing the burdens of the war.

The gentleman from South Carolina, (Mr. CALHOUN,) to whom I have so often alluded, was disposed highly to compliment the people of the Northern States. He declared his full confidence in their fidelity, patriotism, and honor, and he believes that they will not only spurn with contempt the attempt to seduce them, but will hail the present measure as just, honorable, and wise. Sir, the patriotism of that people is undoubtedly as warm and as disinterested as that of any people on this globe; and if, indeed, this were an attack on their honor, they would need no such law as this to teach them their duty, or to compel them to perform it. But, sir, I do not believe that their patriotism will feel insulted. They will hardly be satisfied by flattery and compliment for this attack upon their commerce. I would not be surprised if they should answer the honorable gentleman somewhat in this manner: "Hands off, Mr. CALHOUN, if it please you; we do not dislike your compliments; indeed, we are pleased with the notes of this new tune from the South. We will do any thing in reason to oblige you; but really, sir, to be complimented out of our commerce; to be flattered into poverty; to be cowed into service, is a little more than the rules of civility demand."

It has been avowed on this floor, [by Mr. Speaker CLAY,] that this bill is only one part of a contemplated system of rigid non-exportation. Have gentlemen reflected on the disastrous consequences of such a system at the present time? The district which I have the honor to represent, is a portion of an extensive tract of mercantile and agricultural country, extending up the Hudson River far into the interior of New York. The merchants and farmers of that country did believe, that when you appealed to arms, your restrictive system was at rest forever. They had a right so to believe, from the declarations of gentlemen on this floor, and from the unequivocal conduct of Government. Under this belief, during the present winter the merchants have constantly purchased produce at high and advanced prices. In the numerous villages scattered on either side of the Hudson River, and over immense tracts far to the west of it, the stores are groaning with the productions of their soil. Sir, when the Spring opens, they will find all their prospects blasted, and bankruptcy staring in their faces. Through the whole frozen interior of the North and East, the condition of the merchants and farmers is similar, and similar disastrous consequences will be realized.

We are involved in war with a nation powerful in her resources, clothed in complete armor, and to whom, from long habit, a state of warfare has become almost a national condition. We need all our resources and all our energies to save this war from a disgraceful conclusion. What then but madness can dictate a policy tending to dry up our resources and paralyze our energies. Wounded by the spear of war, what but downright political quackery could prescribe those "restrictive" nostrums, to restore the nation to health and vigor? Are the old chimerical notions of _starving_ the enemy, yet floating in the brains of gentlemen? In despite of experience, do they yet believe that our blessed country _alone_ can produce food for the world? Are the countries of the Baltic and Caspian Seas no longer cultivated? Has the Nile ceased to fructify the fields of Egypt? Have Sicily and the Barbary coasts returned to a barren state of nature? Has France herself agreed to bury her surplus breadstuffs in the earth? Or has England lost that ascendency on the ocean, and forgot all those commercial arts, by which she was wont to procure supplies from all those countries? Seven years of restrictions have in vain been tried. Your enemy has laughed you to scorn, and your own people have cursed the policy that crushed their prosperity. There is no doubt that, as at the time you laid the embargo, the closing of your ports now, might produce a temporary inconvenience to the enemy; but the measure would finally and permanently recoil on our merchants, and even farmers. These men have, therefore, a deep and vital interest in this question. Twice already they have been sacrificed to test the efficacy of our "restrictive energies."

Do you intend again to stretch them on the rack, again to cover the country with sackcloth and ashes? Is another brood of "restrictive" harpies, more unseemly and more hungry than their predecessors, to be let loose among them? And is this bill a pioneer to the new swarms of "continental" locusts?

Mr. Speaker, I shudder when I behold that anti-commercial demon, which for seven years has been glutted with the mangled limbs of commerce, still hovering about this bill. The deluded people did believe that, when "you let slip the dogs of war," the monster had fallen, never again to trample down their rights, or devour the remnant of their prosperity. They were mistaken. He has risen invigorated from the blow; like the horse leech, he continues to cry, "give, give!" He never will be satisfied while the farmers of the North and the East are prosperous and powerful, or while the ships of an independent merchant float safely and successfully on the ocean. Sir, I do trust in Heaven, that the people of this Union will not sleep forever--I do trust, that the time is not far distant when the rulers of this nation shall be compelled again to travel in the paths of peace, commerce, and honor. I do trust that this new system, fraught as it is with new destruction, will meet an effectual overthrow. On this floor, I have no hope of such an event. The current of influence is here too strong to be resisted. But if the God of nations "doth seek our rulers, and hath given our Senators wisdom," it must find its grave in the other branches of the Government.

Mr. QUINCY opposed the bill, and after some remarks from Mr. BLACKLEDGE in reply to him, the question on concurring with the Committee of the Whole in their amendment was taken, to wit: to strike out from the fifth line of the first section, the words, "and every," and to insert "wheat, flour, rice, cotton, tobacco, indigo, tar, pitch, or turpentine, or any other article, the growth, produce, or manufacture of the United States:." And passed in the affirmative--yeas 69, nays 29.

_Constitution and Java._

The House took up for consideration the resolution from the Senate requesting the President of the United States to present to Captain William Bainbridge a gold medal, with suitable inscriptions, and to the officers of the frigate Constitution silver medals, in testimony of the high sense entertained by Congress of their gallantry and skill in achieving the capture and destruction of the British frigate Java; which was read three times, and passed.

_Bounty to Privateers._

The House went into a Committee of the Whole on the bill allowing a bounty to privateers; but the committee being unable to progress for want of a quorum, it rose and reported the fact to the House; and the bill and report were ordered to lie on the table, and the House adjourned.

WEDNESDAY, March 3.

_Navy Yards._

On motion of Mr. REED,

_Resolved_, That the Secretary of the Navy be, and he is hereby, directed to report to this House, at the next session of Congress, a statement of the number of Navy Yards belonging to, and occupied for the use of the United States; the accommodations provided in each, with the number of officers and men attached to each, with their rank and pay; also, the quantity and species of timber provided in each. Also, a statement of the expenditures made in each yard during the years 1811 and 1812; the number of vessels required during that time, with the species, quantity, and cost of repairs on each vessel, and the manner in which such repairs have been made, whether by contract or otherwise, and the terms. Also, the amount of timber provided under the law making an annual appropriation of two hundred thousand dollars, with a statement of the contracts made under said act, and the terms thereof: Also, the number of officers in the naval service of the United States, their rank, pay, and employ.

_Encouragement to Privateers._

The bill allowing a bounty to privateers was passed through a Committee of the Whole, and ordered to lie on the table, under the impression that it could not be acted on at the present session.

EVENING SITTING, _5 o'clock_.

_Thanks to the Speaker._

On motion of Mr. SAWYER,

_Resolved unanimously_, That the thanks of this House be presented to HENRY CLAY, in testimony of their approbation of his conduct in the discharge of the arduous duties assigned him while in the Chair.

Whereupon, the Hon. SPEAKER rose and made the following observations:

"I thank you, gentlemen, for the testimony you have just
so kindly delivered in approbation of my conduct in the
Chair. Amidst the momentous subjects of deliberation which
undoubtedly distinguish the 12th Congress as the most memorable
in the annals of America, it has been a source of animating
consolation to me, that I have never failed to experience the
liberal support of gentlemen in all quarters of the House. If
in the moment of ardent debate, when all have been struggling
to maintain the best interests of our beloved country as they
have appeared to us respectively, causes of irritation have
occurred, let us consign them to oblivion, and let us in the
painful separation which is about to ensue, perhaps forever,
cherish and cultivate a recollection only of the many agreeable
hours we have spent together. Allow me, gentlemen, to express
the fervent wish that one and all of you may enjoy all possible
individual happiness, and that in the return to your several
homes you may have pleasant journeys."

_Closing Business._

On motion of Mr. DAWSON, a committee was appointed, jointly with a committee to be appointed by the Senate, to wait upon the President of the United States, and inform him that the two Houses are now ready to adjourn, and desire to know whether he has any further communication to make to them during the present session.

Messrs. DAWSON and GROSVENOR were appointed the committee on the part of the House.

The Senate agree to the resolution for the appointment of a joint committee to wait on the President of the United States, and notify him of the proposed recess of Congress, and have appointed a committee on their part.

For some time a quorum was not present.

Bills from the Senate were waiting. A call of the House was had, and it appeared that sixty-four members only were present.

After receiving from the President all the bills which had passed, and being informed by the committee that he had no further communications to make, the House adjourned _sine die_.

FOOTNOTES:

[30] Chief Justice Marshall.

[31] This debate, although arising on a subject which implied a limited discussion, soon passed beyond its apparent bounds, and instead of being confined to the simple military question of raising additional troops, expanded into a discussion of the whole policy, objects and causes of the war, and became the principal debate of the session. All the leading members of the House took part in it; and many new members, then young, and whose names have since become famous, then took their start.

[32] The Chairman had risen to put the question, which would have cut Mr. C. off from the chance of speaking, by returning the bill to the House.

[33] The well-known political writer, William Cobbett, publishing a gazette under the name of Peter Porcupine.

[34] Mr. Barlow's journey to Wilna, where he only arrived to die.

[35] The following is the act as passed:

_Be it enacted, &c._, That in all, and every case, wherein, during the present war between the United States of America and the United Kingdom of Great Britain and Ireland, any violations of the laws and usages of war among civilized nations, shall be or have been done and perpetrated by those acting under authority of the British Government, on any of the citizens of the United States, or persons in the land or naval services of the United States, the President of the United States is hereby authorized to cause full and ample retaliation to be made, according to the laws and usages of war among civilized nations, for all and every such violation as aforesaid.

SEC. 2. _And be it further enacted_, That, in all cases where any outrage or act of cruelty or barbarity shall be or has been practised by any Indian or Indians, in alliance with the British Government, or in connection with those acting under the authority of the said Government, on citizens of the United States or those under its protection, the President of the United States is hereby authorized to cause full and ample retaliation to be done and executed on such British subjects, soldiers, seamen, or marines, or Indians, in alliance or connection with Great Britain, being prisoners of war, as if the same outrage or act of cruelty or barbarity had been done under the authority of the British Government.

Approved, March 3, 1813.

INDEX TO VOL. IV.

A

_Absentees_, recall of, resolution to direct the Speaker to request
their attendance, 533.

ADAMS, JOHN QUINCY, resigns seat in Senate, 3.
_See Index_, vols. 2, 3.

_Allegiance, Foreign_, petition of inhabitants of Kentucky, stating
that the King of Great Britain, by proclamation, claims the
allegiance of all persons born in his dominions, 46;
had authorized their impressment, &c., &c.,--petition prays for
resistance of this assumption, 46.
_See Index_, vol. 1.

ALEXANDER, EVAN, Representative from North Carolina, 36;
moves a committee of inquiry relative to proving the acts and
proceedings of States, 87.
_See Index_, vol. 3.

_Algerine War._--_See Index_, vol. 1.

ALSTON, LEMUEL J., Representative from South Carolina, 36, 125, 187,
315.
_See Index_, vol. 3.

ALSTON WILLIS, jr., Representative from North Carolina, 36, 125, 187,
315, 425, 577;
on the value of blank ballots, 125;
on a vote of approbation of the conduct of the Executive, 129;
opposes the postponement of the resolution relative to the
apportionment of representation, 224;
on the ratio of representation, 319;
on laying additional duties, 431;
on establishing a quartermaster's department, 477.
_See Index_, vols. 2, 3.

AMY DARDIN, report on petition of, 216;
bill read, &c., 218;
report for relief of, agreed to, 538.
_See Index_, vols. 1, 2, 3.

_Amendments to the Constitution._--_See Index_, vols. 1, 2, 3.

ANDERSON, JOSEPH, Senator from Tennessee, 5, 28, 116, 176, 252, 420;
presents memorial of Legislative Council of Mississippi Territory,
265;
on the incorporation of a Bank of the United States, 266;
on a recess of Congress, 412.
_See Index_, vols. 2, 3.

ANDERSON, WILLIAM, Representative from Pennsylvania, 124, 187, 315,
424, 577.

ARCHER, STEVENSON, Representative from Maryland, 424, 577;
on foreign relations, 466;
on the policy of the war, 638;
on war taxes, 715.

_Armed Vessels_, public and private, encouragement of, resolution
relative to, 711.
_See Privateers._

ARMSTRONG Gen., his letter to Mr. Pinkney, 361;
letter of, on additional general officers, 713.

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Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)Chapter I: A. Coles (59)

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