i

:

and, therefore, dishonorable. He makes this state-ence of the fact he has insinuated. How has it

NOVEMBER 1808.

The Embargo.

SENATE.

is, that the commercial are, also, the manufactur- is however rendered indispensable, perhaps, by ing States. The Southern States are agricul- exterior events; but certainly by observations tural and commercial, not manufacturing, except made in the course of this debate. I allude, sir, in the household way; and that is not the species to the inexecution of the embargo laws; or, of manufacturing that has excited the gentle- rather, sir, to the suggested incapacity of the man's alarm. The peculiar organization of so- Government to enforce their observance. The

gentleman from Connecticut (Mr. HILLHOUSE) tells us, directly, that the Government has not power to enforce the execution of these laws. The gentleman from Massachusetts (Mr. LLOYD) even points out the mode of resistance. He tells us they may ay be resisted, first, by town meetings, then by petitions, then by legislative resolutions, and, finally, by insurrections and rebellion. [Mr. LLOYD rose to explain. He said, "he did not say that this would be the course of events. He only 'stated them, abstractly, as probable results from those laws."] The gentleman is correct in his I meant to be understood, as stating

his observations in that way. It cannot escape observation, however, Mr. President, that this is the practical process now going on in the State the gentleman has the honor to represent.

ciety in the Southern States, will, for a long time, forbid large establishments of domestic manufactures. This is the kind which gives the gentleman so much alarm; and, in this kind, the Southern States have no local interests whatever. They have, however, an essential interest in commerce, although, generally, the merchants carrying it on, may not reside within them. The agriculturists know, that a prosperous commerce is essential to good prices, and, therefore, they have always contributed to its protection and prosperity. In this state of facts, the gentleman may find a perfect security against his extravagant, extravagant, statement. and unfounded jealousies. But the gentleman is alarmed, because he has discovered, in the President's replies to sundry addresses from the manufacturers, expressions of satisfaction at their prosperity and improvement in the manufacturing system. But the President has nowhere expressed an intimation, or a wish, that this improve ment, or prosperity, should be encouraged and promoted at the expense of commerce. And if he were to indulge so extraordinary an inclination, he could not expect to get a vote south of the Potomac, in favor of the system. Suppose the merchants had addressed the President, in the days of their prosperity, would he not have expressed his satisfaction at the circumstance? And would such expression have been just ground, or any ground, of alarm and jealousy to the manufacturer? Certainly not, sir. Every patriot must rejoice at the prosperity of each, and every class of citizens. Indeed, sir, did not the gentleman himself, in the course of his observations, with a laudable animation, express his high satisfaction at the doings of his own Legislature, giving encouragement to Colonel Humphries, in his attempts at at intr introducing manufactures into the State of Connecticut? Proceedings highly honorable both to the Legislature and Colonel Humphries; and which I have also seen with great satisfaction. But, sir, would it be correct to infer from this circumstance, that commerce is to be assailed and prostrated? Such an inference would be as idle and absurd in this case, as it is in relation to the views of the General Government. Indeed, sir, I concur perfectly with the gentleman in the epinions he has expressed upon the manufacturing system, in relation to the commercial. I have taken more pains in repelling this extraordinary jealousy or suspicion, in the hope that in correcting the public sentiment, in this respect, it would, at the same time, dissipate a great portion of the objections to the embargo laws, which seem to me at this time to be imperiously demanded, by the extraordinary crisis of our foreign relations.

It is submitted to the patriotism and good sense of those gentlemen to determine, whether mentioning these circumstances, even in that way, may not have some tendency to produce effects, which must be so much deprecated by all; and permit me to hope, sir, by none more than by those gentlemen. And whether, sir, they are not calculated to keep up the delusions in foreign nations, which, I believe in God to be the principal causes of our present embarrassments. These circumstances were the less to be expected from gentlemen, who, a few years ago, arrogated to themselves the exclusive appellation of lovers of order and good Government, whilst their political opponents were denounced as anarchists and disorganizers, and not even possessing virtue and honesty enough to be trusted with the public treasury. This, sir, was an imposingappellation; and as long as its sincerity was confided in, it preserved these gentlemen in the dominion of the United States. It was hardly to have been expected that these gentlemen would now be found the first to sound the alarm in favor of anarchy and confusion; nor was it to have been expected, sir, that the Eastern States, which were the first to press the Constitution upon us, and which have reaped a golden harvest from its operations, should be the first to wish to absolve themselves from its sacred obligations.

But, Mr. President, I believe this Government does possess power sufficient to enforce laws. The real character of our Government seems to be entirely misunderstood by foreigners and not fully appreciated by some of our own citizens. It has all the strength of execution, with the most despotic Governments upon earth. It is aided, too, by the knowledge of every citizen, that, when its will is pronounced, it is the fair expression of the will of the majority. The checks of this GovernI am now approaching a part of this subject, ment are exclusively upon its deliberations, not Mr. President, which fills me with regret. I upon its powers of execution. So far from it, that know its delicacy, sir, and deeply regret the nethe Constitution has expressly provided, that the cessity which impels the examination of it. It Government should possess all means necessary

and proper for executing its specified powers. There is no limitation, whatever, upon the means for executing the general will, when fairly and deliberately pronounced. Nothing could be more absurd than to suppose, that after so many checks had been imposed upon deliberation in pronouncing the public will, after that will was thus pronounced, that any means, whatever, for its execution should be withheld.

Again, sir, the fundamental principle of our Government is, that the majority shall govern. The principle is known and respected by every citizen, and by none more than the people of Massachusetts. They are taught to respect it from the cradle to manhood. First in their town meetings, then in their Legislature, and, finally, in the General Government. They know too well the fatal consequences of resisting it. I have perfect confidence, therefore, in the people of Massachusetts; and, if their electioneering leaders and partisans should unfortunately stimulate some of them into insurrection, I have no doubt but that the militia of that State, when lawfully called on, will obey the call, and will do their duty. Such a movement would share the fate of all similar attempts, which have preceded it; and its only consequence would be, that its authors, as they would be the first to merit the fate, so they would become the first victims of it. But, sir, I have but little apprehensions from these threats of insurrection and rebellion, for other reasons.

The peculiar interests of the people of Massachusetts forbid the attempt. A few leaders may. perhaps, postpone their interests to their love of power; but few, however, could enjoy the power under any new order of things, and the people at large would soon see that their interests were sacrificed to the indulgence of this infatuated ambi

tion of the few.

Let this subject Mr. President, be a little further examined, in reference to the local interests of the Eastern States, as members of this Union. Potomac may be considered as the boundary line between the commercial and agricultural States. When our first difficulties with the belligerents occurred, it respected merely a commercial right. What was the conduct of the merchants, and commercial States, upon the subject? You have heard, sir, their memorials read, calling upon the Government, in a voice too loud to be suppressed, to protect them in their commercial rights; the call was obeyed. As I think this part of the subject ought to be well understood, I beg the indulgence of the Senate to read their own proceedings thereupon:

"The Senate resumed the consideration of the report of the committee, made on the 5th instant, on that part of the Message of the President of the United States which relates to the violation of neutral rights and the inpressment of American seamen.

On motion, to commit the second resolution reported, it passed in the negative. On motion, to strike out the following words in the

second resolution reported:

Demand and insist upon the restoration of the property of their citizens, captured and condemned on the pretext of its being employed in a trade with the

NOVEMEER, 1808.

enemies of Great Britain, prohibited in time of peace;
and upon the indemnification of such American citizens,
for their losses and damages sustained by those cap-
tures and condemnations, and to'-

It was determined in the negative-yeas 13, nays 16.
The yeas and nays having been required by one-

fifth of the Senators present, those who voted in the
affirmative, are

Messrs. Adair, Baldwin, Bradley, Gaillard, Howland, Logan, Maclay, Moore, Plumer, Smith of Vermont, Sumter, Turner, Worthington.

Those who voted in the negative are

Messrs. Adams, Anderson, Bayard, Gilman, Hillhouse, Kitchel, Mitchill, Pickering, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Tennessee, Thruston, Tracy, White, Wright.

And several amendments to the said second resolution having been adopted;

On motion, to agree thereto as determined, it was de

termined in the affirmative-yeas 23, nays 7.
The yeas and nays having been required by one-fifth
of the Senators present, those who voted in the affir-
mative are-

Messrs. Adams, Anderson, Baldwin, Bayard, Gaillard, Gilman, Hillhouse, Howland, Kitchel, Logan, Maclay, Mitchill, Moore, Pickering, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Tennessee, Tracy, Turner, White, Worthington, Wright.

Those who voted in the negative are-
Messrs. Adair, Bradley, Plumer, Smith of Vermont,
Stone, Sumter, Thruston.

So it was,

Resolved, That the President of the United States be requested to demand the restoration of the property of

their citizens, captured and condemned on the pretext

of its being employed in a trade with the enemies of

Great Britain, prohibited in time of peace; and the

indemnification of such American citizens, for their losses and damages sustained by these captures and condemnations; and to enter into such arrangements

with the British Government, on this and all other

differences subsisting between the two nations, (and particularly respecting the impressment of American seamen,) as may be consistent with the honor and interests of the United States, and manifest their earnest desire to obtain for themselves and their citizens by amicable negotiation, that justice to which they are entitled."

At this time the question involved only a commercial right. What was the conduct of the merchants then? They came forward and pledged their lives and fortunes to support the Government in any measures for its protection. The question is now changed. To the original question, is added a question of national sovereignty and independence. What is now the conduct of these same merchants? They tell you, sir, to tread back your steps, give up the contest, and disgrace your country. These merchants, too, threaten you with insurrection and rebellion, unless you yield implicit obedience to their mandates.

Again, sir, I have little apprehension from these threats, for the following reasons: First, many of the individuals engaged in these excitements, I am told, are gentlemen of property and families. They are, therefore, now in the enjoyment of every political and domestic blessing-their infatuated passions to the contrary notwithstanding. I

NOVEMBER, 1808.

The Embargo.

SENATE.

think persons of this description will pause before they hazard all these blessings; and a moment's impartial reflection will be sufficient to check their career. In the next place, there are many local advantages accruing to the people of the Eastern States from the operations of the General Gov-ren upon a reciprocal absolution from all obliga

ernment. They consist principally of the following, although there are others:

tion that they contribute to their prosperity. They find, in return, their compensation in the general safety and protection. I do not mean safety and protection from any internal movements. Upon that point, I would agree with our Eastern brethtion. I mean safety and protection against foreign aggression. Under this plain and obvious view of

1. The protection afforded to their carrying this part of the subject, Mr. President, I should be trade by discriminating duties, both on tonnage and merchandise;

disposed to think that our Eastern brethren would be the last to desire to absolve themselves from the sacred obligations of the Constitution.

2. Protection and facility afforded to the coasting trade; In the Southern States, we feel no resentments 3. Protection to their fisheries by duties on for- | nor jealousies against our Eastern friends. There eign fish;

4. Affording a good market for their surplus manufactures and other articles;

5. Payment of the public debt at par, which was bought up at very low rates;

6. As a result from all these advantages, the protection of their population on the seaboard, by lessening the inducements to emigration.

Permit me, sir, to remind the gentleman from Massachusetts (Mr. LLOYD) that these advantages are not to be trifled with.

But, sir, I have heard it intimated that these advantages could be compensated by a connexion with Great Britain. Indulge me, sir, with an examination of this idea. A connexion between New England and Old England could only be for the benefit of the latter. They are essentially rivals in every occupation. First, in navigation; second, in exports. The exports of New England are principally fish and beef. It would be a great object with Old England utterly to destroy the New England fish market; and the Irish beef would come into an advantageous competition with the export of that article.

These are permanent points of competition, unalterably fixed in the nature of things. They cannot be altered nor destroyed by any sudden ebullitions of passion, nor by any connexion resulting therefrom.

Again, sir, what would be the effect of such a connexion upon the rest of the United States? In that case, the discriminating duties now in favor of the New England States would be turned against them, and would probably be given to the Middle States, and thus New England would be effectually excluded from carrying the bulky and heavy productions of the Southern States. Discrimination might even be made in favor of British ships. It is a matter of no consequence to the agriculturist whether his produce is carried to market in a New England or Old England ship. The only interest he has in the transaction is the price of his produce; and that could always be driven to its highest point by the competition of British tonnage and British capital alone, without taking into the estimate the tonnage and capital of the Middle States. The people of the Southern States are perfectly sensible of the local advantages their Eastern brethren enjoy from the operation of the General Government. But they envy them not they revel in their prosperity; and the Southern people are pleased with the recollec

are no inducements with us to foster and encourage such unpleasant and mischievous feelings. The gentleman from Massachusetts (Mr. LLOYD) has ventured to interpose an opinion between Great Britain and France, respecting the character of the quarrel between them. He has ventured to say, sir, that France is fighting for lawless domination, whilst Great Britain is fighting for her natale solum-for her national existence. Sir, in my opinion, it must be inauspicious to the interests of the people of the United States when their rulers not only feel, but express sympathies in favor of one of the belligerent Powers; and surely, sir, the gentleman must feel no small sympathy for one of the belligerents, if he believes the character of the quarrel to be such as he has described it.

In my judgment, sir, the United States have nothing to do with the character of the quarrel of the belligerents: but I differ entirely with the gentleman on this point. I believe the character of the quarrel is precisely the same on both sidesthey are both fighting for lawless domination; and I believe that Great Britain has full as much chance of conquering France, as France has of conquering Great Britain. The only difference between them consists in the difference in the objects of their lawless domination. France claims dominion on the land, Great Britain on the water; they are both equally hostile to us.

The difference to us consists only in the different degrees of force they can bring to bear upon us in this respect Great Britain does us most injury. We are, thank God, remote from the influence of French power-but the power of Great Britain extends to our shores. France, when she can, seizes and burns our vessels-Great Britain having more power on the ocean, seizes, and confiscates them. The only limit of their hostility is the limit of their power. Both are equally the objects of our just resistance and punishment if we possess the power.

I rejoice that I have heard no apologist for France on this floor, nor anywhere else. I feel, sir, a condescension in introducing, for the purpose of denying, the idle and ridiculous tale of French influence, which has so disrespectfully and disgracefully to our country, been circulated by newspapers. Sir, this idle and ridiculous tale of French influence, I have strong reasons to believe, was originally suggested by British influence. The tale was probably invented by the British Cabinet about the same time of the inven

tion of the tale respecting the secret article of the Treaty of Tilsit, that the Danes had agreed to give up their fleet to the French Emperor to facilitate his invasion of Great Britain. This tale I believe Lord Hutchinson has since pronounced, in the British Parliament, to be a falsehood. About the same period this same energetic British Cabinet | probably determined upon the destruction of American commerce, although the Orders for that purpose were not actually issued for several months afterwards. Some tale was thought necessary for the justification of the act, and the suggestion of French influence operating upon our councils was probably the one suggested.

I have heard it said, and believe it to be true, that the Governor of Nova Scotia made the suggestion, in a letter addressed to certain British partisans in Boston. It is hardly to be presumed, that he would have taken upon himself the responsibility of such a suggestion, without the authority of the Cabinet. I am inclined to think that this fact could be proved in a court of jus tice. Perhaps there may be gentlemen here from Boston, who could give us more particular information upon this subject. I feel, sir, a condescension in touching upon this subject. I wish to see all extraneous influence utterly banished from the country, and the only operating influence-American influence.

NOVEMBER, 1808.

Forbid it American gallantry! But, sir, some gentleman seem sufficiently impressed with the hostile character of the belligerent aggressions. With respect to those of France, there is but one opinion. They amount to hostility itself. But, sir, to my astonishment, the acts of Great Britain seem not to have made the same strong impression on the minds of some gentlemen. Let me then inquire, sir, into the real charater of acts, which can by some gentlemen be palliated or excused? They are acts amounting to colonization and taxation; to the exercise of the national sovereignty of the United States. Great Britain has even gone so far, as to exercise an act of sovereignty over the people of the United States, which they would not intrust to Congress, but retained to themselves in their highest sovereigu capacity.

The British Orders of Council. now sanctioned by an act of Parliament, direct all vessels laden with the produce of the United States, destined to any of the ports of the enemies of Great Britain, to call at a British port, and then to pay an enormous transit duty, and accept a license for the further prosecution of the voyage; and upon refusal, they are forced to do so by British armed ships. This is literally and precisely the introduction of the old and long established colonial principle, of coercing all the commerce of the colony to the ports of the mother country, there to pay a transit duty for their protection by the mother country. In the Colonial state, the mandate of the mother country was sufficient to effect this object. Now the same object is effect

I have now, sir, gone through this unpleasant, and, I fear, unprofitable discussion, respecting the character of measures heretofore adopted by the Government; the only hope I have from it is, that it may put us into a better temper for deliberating on the measures now proper to be adopted by an armed force. This is the only real differ

ed. Let me then, Mr. President, call the attention of the Senate, to the situation of the United | States at this time.

The United States are now left alone to protect neutral principles against the belligerent encroachments of a warring world. In all former wars, the belligerent encroachments have been proportioned to the influence of the Powers at war, compared to the influence of those remaining at peace; but I believe history presents no example of the warring Powers at any former time putting at defiance all neutral rights, all public law It remained for the present times to witness this unexampled aggression; and it remained for the United States alone to bear the shock. This state of things imposes on them a great, a sacred obligation; the obligation of protecting neutral principles-principles which lessen the inducements to war, and mitigate its rigor-principles highly interesting to mankind; not only to the present, but to future generations, and, in a peculiar manner, to the people of the United States. This arises from their remote

situation from the great contending nations of Europe. Hitherto, sir, the talents displayed in defining, and the magnanimity in protecting these principles, have obtained for the United States the respect and sympathy of an astonished world. And shall we, sir, at the moment of extraordinary pressure, basely abandon them without striking a blow? Forbid it interest! Forbid it honor!

ence in the two cases. But, sir, this is not all; Great Britain has attempted, by an act of Parliament, to exercise an act of sovereignty over the United States, solemnly given by the people to their Congress. Among the powers given to Congress, I find these words: "Congress shall have power to regulate commerce with foreign nations," &c. Now, sir, permit me to read an act of Parliament, and see whether it does not only impose a tax upon American productions, but also exercises this act of national sovereignty delegated by the people to Congress:

"And whereas it is expedient and necessary, in order effectually to accomplish the object of such orders, that duties of customs should be granted upon certain goods exported from Great Britain; we, your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom, in Parliament assembled, do most humbly beseech your Majesty that it may be enacted; and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that, from and after the passing ing of this act, there

shall be raised, levied, collected, and paid unto His Majesty, his heirs and successors, upon all goods, wares, and merchandise, enumerated or described in the tables, A. B. and C., annexed to this act, exported from Great Britain, the several duties and customs, as the same are respectively described and set forth in fig

ures in said tables."

In those tables, marked A. B. C., are to be found