The enquirer — Richmond, Va., 1810-03-06 00:00:00, page 2

COMMERCIAL INTERCOURSE.
The House resumed the consideration of
the amendments of the Senate toihe bill con
cerning commercial intercourse with G. B.
r.nd France end their dependencies, 2c for
ether purposes.
Mr. fituuiford expressed a hope that the
IIcusc would not concur in the amendments
of the Senate ; for they had struck out all
that part of the bill which was good for any
thing. Government, he said, was instituted
for the protection of life, liberty and pro
perty. If the House adopted the bill as a_
mended, they abandoned the protection of
properly—and if they refused to protect com
merce, the liberty of the citizen would also
be unprotected, as it had been violated for
seven years past, lie said he himself had
been a witnees uf the laceration of one of
our citizens in such an inhuman manner
that he had expired under the last cas
tigation indicted on him. This was in pu- j
nishment for an attempt to regain his liber
ty. Properly afloat on the ocean could be j
defended by insurance ; hut the liberty of j
the citizen could not be insured. Mr. M. I
called upon gentlemen in the name of the
seamen, who looked to the government for]
protection, to adopt some measure for their
security. His system, he said, was that of
convoy. It was not a system of to day; his
opposition to the bill as it went trom the
House had not been an opposition for oppo
sition’s sake ; on the one hand, he had oppo
sed it, but he had offered a substitute on the
other. The bill, as amended, Mr. Mumford
said, was a tacit acknowledgment to the bel
ligerents that we have been all in the wrong
ior stvun years past, and that they have
been wholly right ; and in proportion as we
i-eceded, they would certainly advance
For himself, he wanted nothing of the belli
gerents but common justice ; but, if the na
tion would not assert its rights at this time,
we should indeed become hewers of wood
and drawers of water. He said he was in
favor of the erobsrgo originally—he believ..
ed it a wise measure, and hud no doubt it
had saved a hundred millions of dollars to
the nation; and, if power had been put in
the hands of ihe President to enforce it, there
would have been none of the smuggling which
was now complained of. The fault lay in
trusting too muchto the perfectibility ofhu
there been the least relaxation ? He quoted
the proceedings ui the Senate and House of
Representatives twelve months ago, when,
by a majority of one hundred and twcnty-cne
to two, this House had resolved *'that the
United States cannot, without a sacrifice of
their rights, honor and independence, sub
mit to the late edicts of Great Britain and
trance.” And now it was proposed to sub
mit to those very edicts—yes, to go beyond
that submission—for, since that time, the na
tion had received additional insults. Mr.
Love said he wished, however, more parti
cularly to call the attention of the House to
the substantial question of a dereliction of
tlie.pirit of onr essential rights of property
and liberty. 'L he bill, assent from the Sen
.\tr, now merely contained that resistance
whichthe legislature thought proper to op
pose to the aggressions of British fleets or
cruisers entering our harbors and commit
ting premeditated or wanton assaults and vi
olations of our jurisdiction \ but contained
no other resistance. It the House were to
acquiesce in the amendments of tlm Senate,
tiife bill would be such a recognition of the
nssumed rights of the belligerents as, by the
law ot nations, could never hereafter be con
n averted. He said it was a principle that a
wink nation, when an irresistible force was
employed to aid the views of a greater.
Could submit without disgrace. Bat was that
the situation of the Ui.hed States? should
it be kit to posterity to say that the present
generation were unable to support their
tights, when they had a million of men into
whose hands muskets and bayonets could be
put, and a solid capital which would pro
duce five hundred millions of dollars ? Pos
terity might blush for the degradation of the
piesent generation if the bill passed, but
cculd not urge in their excuse the plea of
weakness. The principles of the bill as it
w ent to the Senate were the last stage on
this side submission. If resistance had ne
ver baen attempted, the omission would not
have displayed so much weakness as it
would now to withdraw it. VVhar would be
the consequence of now receding from resis
tance ? According to their former declara
tions, Mr. Hove said by such conduct tee
Ih.usc would acknowledge ti.eir submission.
There were umnerous instances recorded iii
history,which tented the position that non
resistance sanctioned usurpation. YVUat was
»bt fact in relation to tlu rule of »56f It was
t ien for the first time that Great Britain
had advanced the piinciple known by iliat
name—and what (said Mr. 1.) do the wii
tf is of the present day, what dors the author
01 war in Disguise* tell you ? Why, that
neutral powers had n**d to the pvinci
I’le I»V submitting I > its application. And, if
we now adopt 'lie am •Omciitsof the Senate
posit i" y will U told. Brit we recognized and'
sunt .1. ntd the pnm ip.e, because we submit
m) u in pt acute.
I
"•an nature. Laws never were made to res
train good men but to bind reguez; and some
power therefore was necessary to carry them
into effect. Mr. M. quoted the journals to
shew that the bill to uulhmise the Presi
dent to employ the naval force to enforce
the embargo had been postponed indefinite
ly. Me mentioned this because the violati
on of the embaigo system had been charg
ed on the merchants generally, whose cha-1
racier he defended from a charge of being ]
habitual violators of the laws. There might i
be had men amongst them, as there was in j
every class of society, hut that was no rea
son to impeach the integrity of the whole,
lie hoped, before the House should consent
to the amendments to the bill, that they
would fall upon some system to defend the
liberty of the citizen. He said he could take
care of his own property ; but when he re
turned home, lie could not bear to be called
on by the fathers, mothers and relatives of
these impressed citizens to know what had
been done for their relief, and not have it in
Jiis power to answer them satisfactorily.
Mr. JLovr declared his belief, that since
the formation of the constitution, the Ame
rican Congress had never been called upon
to deliberate on so vitally importaui a ques
Itron as that now proposed to them, which,
n fact, involved a dereliction of the princi
ples of the declaration of independence. He
hid he had not been a warm advocate for
lie bill, as it went from this House ; he had
Bought it a recession from the high ground
pretofore taken ; but, as returned, it ap
icared to him tube bottomed on the doctrine
of non-resistance ar.d absolute dependence.
Mr. L.. took a view cl the various injurious
measures and decrees of the belligerents 6c
of the measures adopted by the U. States in
consequence. Had the state of things alter,
cd since these measures were adopted i Ilad
Mr. L. next spoke cf lit* pricesof produce,
of which so much yas said, and of the im
probability of their being better, until tian
quility should be in some measure restored
in the European world. Could the U. S. re
move all restrictions on trade, could they
restore peace in Europe, then and not till
then might our citizens enjoy the benefit of
a free commerce. If the news this day
received were correct, Lrcat Britain must
follow the example ol France in rescinding I
her decrees or must abide the consequences!
of a war with us. If she does not want war !
with us, hesaid she would promptly recede,!
and then something like a fair price for pro
duce might be expected. Hut it was useless !
to expect u fair price, whilst England was'
the only nation, v. ith whom we could trade !
and we were excluded from intercourse with
almost all the continent.
before he was called upon to repeal the
non-intercourse, Mr. L. said he wished to j
see some measure proposed as a substitute,;
which shou'd sustain the honor of the nation.
11 any gentleman would bring forward a prin
ciple of resistance to the decrees of the bel
ligerents, which duty to Ciod and their coun
try enjoined on them, lie would vote for it.—
Let us not, said lie, be deluded by the idea,
that after wc pass this bill and thus pros- \
tratc the honor of the nation, we may be per
mitted in another way to express our oppo
sition to the injurious decrees. No, sir, let
this bill once be riveted on us- .—we may
l waste our strength in midnight sessions, but j
you never would again be able to place the ;
country in the honorable attitude in which it j
now stands. I feel |an abhorrence thr the '
measure in the point of viewin which it strikes !
my mind. If I kuewthat this amendment had j
been advised by a member of the administra
tion, 1 should not hesitate to give my vote for
his immediate impeachment, and I would
charge him with treason against the liber
ties and independence of his country ; but
the motives which produced it must be hon
orable. Others tuay have despaired of sue
cessFi'l resistance. But, sir, let us follow the
exov'ple of the father of his country. When
surrounded by the battalions of the enemy
and watched bv the tories, did he despair
of success ? He did not. Let us then also
advance and not retrograde as proposed by
the bill.
rupuon.
Mr. Roas was opposed to the bill as it
went from this Mouse, forhetho’t lie saw in
it not only a passive but active submission.
He thought he had seen in it an agreement
on the part of the United States, that the
orders in council should be- adopted as part
of the laws regulating the commerce ot the
United States. Muchas he wished the non
intercourse repealed, he said he had rather
it should expire by its own limitation at the
end of the sess ion, than have it coupled with
any injurious restrictions, He therefore
moved to float/tone the further considerati
on of the amendments to the bill, indefi
nitely.
The motion was negatived by Yeas and
Nays as follow .
Nays—Messrs. \V. Alston, Bacon, Bard,
J. Brown, Calhoun, Champion, Clay, Clop
ton, Crawford, Desha, Kppes, Findley, Fisk,
Gannett, Gardner, G hoi son, Holland, Mow
I anl, Unity, Johnson, Love, Lyon, Mumford,
I Newbold, Nicholson, John Porter, P. I>.
I'orter, lihea (Tenu.) Richards, Hoot, Boss,
Sammons, Seybsrt, Shaw, J Smith, Stan
ford, Thomson, Turner and Weakley—39.
^ KAS—Messrs, L. J. Alston, Bassett,
I Bibl., Hlaisdell, Boyd, R. Brown, J.C. Cham
! bcrlain, W. Chamberlin, Cobb, Cochran,
Cook, Cox, Crist, Cults, Dana, Ely, Emott,
! Franklin, Gardenier, Garland, Gaodwyu,
Gold, Gray, 1 lale, 1 laves, I leister, Hubbard,
H. Jackson, Jenkins, Jones, Kennedy, Key,
i Knickerbacker, Lewis, Livermore, Living
: ston, Lyle, Macon, Marion, Matthews,
M’Hryde, M’Kee, M’Kim, Miller, Milnor,
Montgomery, N. H. Moore, T. Moore,
Morrow, Mosely, Newton, Pearson, Pick
man, Pitkin, Potter, Quincy, Rea (Tenn.)
Roane, Sage, Seaver, Smelt, hmilie, G.
Smith, S. Smith, Southard, Stanley, S-e
phenson, Sturges,Swoope,Taggart, Taylor,
1 racy, 1 roup. Van Dyke, Van Horn, Van
HensM lear, Wheaton, Whitehill, Whitman,
Wilson anil Witherspoon—81.
Mr. Huron obsei ved, lhat'there was some
ambiguity in the bill, as to the repeal of the
penalties incurred, but not yet recovered un
der the embai go Jaws. It could not be the
intention of anyone that a doubt should exist
on the Subject. It was sufficient to author
izc an amendment that professional men
of respectable talents differed in the con
st ruction of the terms of the bill. He there
fore moved to add a section to this effect:
“Hint ail penalties incurred under the sc ve
ral embargo laws it>.«y be recovered ami
distributed in like manner, anil said acts
kad continued in lull force uud virtue,”
Mr. Jucb remarked that the gentleman
from New-York, (Mr. Mumford) who. now
the embargo was gouw, was singing hosan
nas to its praise, was the first in the House
who suggested the total or partial repeal of
that measure. The object of Mr. Ilibb’s ri
sing at this time, was, to declare that he
should vote against the amendments of the
Senate, contrary to an intimation before gi
ven to the House, because he understood that
the construction given to the remaining sec
tions was, that they repealed all penalties in
curred under the embargo laws.
Mr. Gardenier declared himself much
pleased with the amendments of the benate,
and hoped they would be concurted in. He
ridiculed the idea of their involving submiss
ion; for, he said, that the bill was the be
ginning of a manly resistance. Hitherto the
United Stares had done those things which
the belligerents ordered them not to do. He
wished to see the system changed. There
could be no rational objection to the amend
ments. Gentlemen might have a question of
consistency to settle with themselves, ir they
voted for them ; but he begged of them not
to surrender the vital interests of the country
to the preservation of their reputation for
consistency ;-consistency in evil could
produce no benefit. Nothing hut folly and
obstinacy, lie said, could urge to a persever
ance. Gentlemen must know the system
could produce no good. Let them then do
a noble act and recede at once ; it will be a
sacrifice of their own consistency to the safe
ty of the country. It was acknowledged on
all hands that the uonjntcrcourse ought to
be retreated. Mr. G. then suggested the
propriety of passing the bill as amended, &
reserving die part stricken out for a separate
bill. Vessels were waiting at a great ex _
pence for the passage ef the bill to go to sea,
yet doubtful of ihe course which would be
pursued. Injury must result from thin un
certain wavering policy. The citizens of
this country, Mr. G. said, had more reason
to be afraid of the restrictions of their own
government than of the act of the bellige
gerents. lie wished an assurance to be giv
cn, by putting an end to these restrictions,
that commerce should no longer suffer inter
Messrs. Dana. Livermore, Quincy, Itcyi
ami Gold opposed toe amendment—all ap- ;
peadhg to differ from Mr. Bacon as to the
construction of the law.
The amendment whs, however, agreed to,
Ayes 78.
CONVOY PRINCIPLE.
Mr. F.f.Jics said it would he recollected ,
that on u former occasion Lc had expressed j
a willingness to abandon the restrictive sys_ i
tem for the purpose of protecting our pro- I
petty by an efficient force. Notwithstan
ding all that has been said about restrictive i
measures, said Mr. K. it is a fact that they i
have had considerable effect; that thevame-'
Iterated the situation of the U. S. and ihr.'. j
we stand on a higher, a far more exalted !
ground than we should have done, Lad they j
never been adopted. What was the situ a- j
tiou in which the U. tt. vcic placed at the !
time the embargo was laid? At that time j
by the decrees of the belligerents our wh >'.e !
conitnerc-j was prostrated ; by a single bh>w |
our exports had been reduced from 108 mil
lions to 7 millions annually. But not that
alone. American produce was .‘objected in
the first place to go to Great Britain, and!
in the next place to pay a very heavy tran. i
sit duty. And, sir, although gentlemen have '
said that the restrictive system produced no j
effect, what was the fact? In the year in >
which trade with England was wholly in J
terdicted, G. Britain lost in her exports four
teen million pound* sterling. And it is be
lieved to he a fact that even at the present
moment, notwithstanding the unprincipled
conduct of that nation, three fourths of her
foreign trade is still carried on by American
vessels—anil this may be a reason why the
American merchants have affected to view
with indifference what a few years ago would
have been the greatest boon they would ask.
What did the bill passed bv this house pro
pose ? To give to our merchants the exclu
sive carrying of all the trade of tile country.
And* why do they reject it? Because they
arc more interested in carrying British goods
than in carrying the produce of their own
country. They had rather carry these
fourteen millions sterling to ndd to the
strength of G. B. than be employed in the
carriage of our own produce.
The decrees of Great Britain have been
varied since the embargo v.as laid, 8c their
pressure much lessened—but what is the
actual and practical operation of them as
they now stand? The decrees of France I
consider as equally iniquitous, but totally
ineffectual as to us, as they are as to Great
Britain—and therefore I do uot take them
into account. I speak of that system which
G. Britain can and does enforce, and which
goes to the destruction of my interest as an
agricultural man. The principle of the No
vember order is a* completely abandoned as
it it had never been issued. What was its
principle? To force all our commerce into
her posts and make it pay tribute. VYliat
is us principle now ? That of blockade,
which gentlemen on the oilier side of the
house themselves opposed in 1792, which in
the administration of Washington was consi
dered a daring and base attack on the rights
of the country. Of the tobacco which is made
in the suuthern country, 14 01)0 hogsheads
are consumed in England, the remainder in ;
Holland, Germany, l'rance, &c.
That part suitable for the English market
must be of a peculiar quality. All the se
cond quality of tobacco, which is called light
and dry, hods a market only on the conti
nent. What is the effort of this circum
stance on the planter ? Why, at the present
moment, the tobacco to suit the British mar
ket has sold at nine anti a half dollars per
hundred weight, whilst that of secondary
quality is worth nothing. The Maryland to
bacco brings only four or five dollars, owing
to the blockading system of Great Britain, \
which keeps from market 46,000 hogsheads
of tobacco annually, or compels it to take an
unuaturai course through G. Britain or thro’
the Northern ports. Cotton and flour, Mr.
E. said, were in nearly a similar situation.
He said lie saw in a submission to this prin
ciple the ruin of the agricultural interest of
the U. States—nay, more ; lie saw the ruin
of the mercantile interest also, and wonder
ed that the merchants themselves did not
see it. What have we heard of the hnstili
ty of Southern men to commerce ? ns.-.cd
Mr. E.—G. Britain has only to except from
the operation of her blockading system cot
ton, tobacco and hemp—the interest of the
merchant might, but that of the planter
would not, be affected by submitting to it.—
But I have never acted oa that principle.
I have always been taught that government
was intended for the joint benefit of the com
munity ; and so far as in my pjwer, I would
extend protection to all.
What is now proposed to be done, sir?
While the decrees and orders remain in full
force, whilst I as a planter am ent off from
a market for my produce-and although
the merchant under a British licence may
sail where he pleases, the expence of that
licence comes out of my pocket—an amend
ment comes from the Senate going to the
surrender of every thing for which the U.
States have contended for the last five years
If it hadcorne from a quarter where motives
could be suspected, I would not hesitate to
say, it w«is a traitorous abandonment of the
rights of the country. 1 believe that body,
hoYvever to be pure as ourselves, and can on
ly regret, that on this occasion their views
appear to differ so widely from mine. Whilst
the British decrees against our commerce
Yvere in force in 1793, they were remonstrat
ed against in language as strong as possible
by a matt who has been represented as hos
tile to commerce and commercial rights,
and under the inspection of Washington at
a time when lie possessed not only the con-,
iidenca cf gentlemen cn the other side of
the House, hut the undivided confidence of j
the American people. Mr. E. quoted a
letter from Mr. Jefferson, then Secretary of I
State, to Mr. I la in round, renionstiatinga
gainst the invasion of neutral rights. Here,
then, said Mr. Eppe'j, is the principle con
tested, which lias been a scourge to our com
ir.crce for the last five >ears. Whether the
course hitherto pursued by the U. States
has been the course best to be adopted, I am
not prepared to say. It was a period in
which the airiest and best men might arul
did differ as to the course proper to be pur
sued. It see ins nt prrsent to lie conceded
that the non-intercom ?e, after we have been
swindled out ol ail live provisions calculated
to enforce it, (tor I must continue tucall the
disavowal of the arrangement of April a
swindling transaction,) is of little use. ]
risk gentlemen, will they abandon my rights?
Will they not afford me a road to market?
Will they shrink from me, and leave me to
force my way as I can? For what purpose
whs this government established? Why did
these seventeen distinct confederacies unite
under one head? To the state governments
belong, all that affects life or property—and
the general government wa-. designed loop
pasc to_ the encroachments of iorei^n
vtniu.cul'*, lilt ufnit'd arm <.« the seventeen f
routes. A»e wc, then, to told «>ur arms, to j
be driven from the ocean without ft strug
gle— to strike our Hag and surrender tlioac
rights, the people have * ntnistcil to our pro
tection? i"his, I trust hi God, is not the
spiiit t>f Congress. If it be, it is not the
spirit of the pei'ple. If the present majority
are incapable of protecting the rights of the
nation, let them declare that they feel in
competent to their duty, and let their pla
ecs be supplied y successors cf mure firm.
ness-Mr. K. said lie, for one, was nut
disposed to abandon the ocean altogether;
lie believed that the nation had rights which
i: was essential to defend : that the people
were disposed to defend these rights; Mid
that ii there was a want of energy any where,
it was in their government, lnllucnced by
these considerations, he had risen to ofi‘_r
the following amendment: He said he had
drawn a separate section as to each power,
that the people might see who were d.spoied j
to defend the rights of the nation against ci
ther Fiance or Great Britain, and w ho a-}
gainst both-. He was himself of the latter j
description ; and althougt. he did not feel ;
the pressure of the French decrees, lie con |
sidcred them equally odious in principle, and j
tending to destroy those rights for which lie
-ever should contend.
Mr. F,. thin offered an amendment, pro.'
tiding for convoying tile trade and arming J
inei chant vessels bound to the ports nlbel_ ■
ligeresiti,, ?;c. which being afterwards with
drawn ar.d substituted by another, essential
ly tite same, is not here inserted
Mr. Mumfird rejoiced at the proposition of the
amendment, though he did not entirely agioe in |
the views of tlia gentleman as to peim-lting tner |
chant vessels to arni. lie had no objection to
the convoy system ; we had hud the best < l the
argument long enough, and lie wanted something
stronger. He could not however consent tint
merchant vessels should carry a single gun, !>;
cause it would put the peace ofihe country in
their power, St there were many naturalised
merchants woo might not be extremely scrupu
lous as to their conduct in that respect. Mr.
M. explained his ideas as to the convoy system.
lfresistar.ee to tile interruption of a lawful trade
brought on a war, what woul 1 be the conse
quence ? Would not the nation support Con
gress in it ? No doubt of it ; for if they would
not defend the trade in the produce of the land,
the agriculturalist might as well stop his plough
and shut up his bain.
Mr. Dana was also very glad that the gentle
man from Virginia had brought forward this
preposition, lie admitted that it was one object
of the establishment of the general government
to protect trade ; fit that if it failed in this duty, it
failed in the principal object of its institution. lie
• agreed also that if the dii ectors of the public
• affairs would not attend to the business of the
I national protection, it was proper for them to
j acknowledge that they were unable to guide the
okc. o. si ml be it further enacted, That
whenever the commander and crew of any
merchant vessel shall capture and subdue
any British or French armed vessel from
which an assault or other hostility shall be
first made ar aforesaid, such armed teasel
with hei tackle, appurtenances, ammunition
nnd'Iading shall accrue, the one half to the
owner or owners of such merchant vessel of
the U. S. and the other halt to the captors:
and being brought into any port of the IT S.
shall and may be adjudged ami condemned
to tStcir use after due process and trial in a
ny court of the U. S. having admiralty ju
risdiction, ami which shail be holden tor the
district Into which such captuted vessel
shall be brought-tnd the same court shall
thereupon order a rale and distribution there
of accordingly, and at their discretion, sa
vii.,, any agreement which sliail r>e bet*veon
the owner or owners, and the cumin....upl
and cicw of such mere.mm vessel.
#St:c. 4, 1::J if it Jut:her tntf.uJ, That
reins ol; empire, and that they ought to surren-1
dsr theta as placed in hands too teehlc to hold I
them, lie was glad the proposition had benii
brought forward ; for, notwithstanding all that
had been su'd in or out of the House ol' the idle
ness ofali attempts to defend our maritime rights,
he did not subscribe to the doctrine, nor to the
opinion lli.it we should now pursue the com so
which I rad Keen adopted prior to the declaration
ol independence—&. he had therefore been oppo
sed to the whole system of commercial restricti
on. It wjs a feeble colonial system. He differ
ed fioin Mr. Muinforrl as to tin* propiiety of per
mit ting merchants to arm. If it was unfortunate
ly the case that many aliens had been admitted to
rite rights and pr ivileges of citizens, he said he
should really hope that they v\tie not men who
could not be trusted is tied to the country’ by the
privileges of citizenship. He could not admit
auch was the case, especially as there were scute
mr rubers of this House perhaps of that descrip
tion. Mr 1). admitted that the details of a
system of aiming might involve diflicwlly; but
lie deemed it Itis duty to treat any proposition
going to tin t object with a respectful attention ;
and was therefore pleased at the introduction ol
litis motion.
A motion was made to adjourn and can led,
65 to 45.
Tuesday, Feb. 27.
The House having resumed the considera
tion of the amendments of the Senate to the
bill concerning commercial intercourse,
&c —
Mr. Jififies withdrew the amendment he
had yesterday offered, with a view to sub
stitute another in its place. His idea was
that Great Britain and trance having vio_
latedthe principles of the law of nations, it
was necessary tor the U. States, so far as
respects those particular ports blockaded in
violation of the law of nations, to deny to
both these nations the right of searching our
vessels going to these ports. It was strict
ly a defensive system ; it was not taking a
hostile attitude, but merely asset ting right
which we derive front God and Nature, and
declaring that if opposed in the exticise ol
that right we will defend our property a_
j gainst piracy-for the execution of those
j decrees was a continued act of piracy which
! it became a duty to resist. They subjected
neutral property tocapture under principles
unknown to the civilized world-and the
sy stem which he had i<t view appeared to
him to be the only practical system of resis
tance which could now be adopted.
Mr. Ejipcs then ottered the following sec
tions as an amendment to the bill.
Sec. 1. And be it further exacted, That
the commander and crew of any merchant
vessel of the U. S> owned wholly by a i itizen
or citizens thereof, and not carrying contra
band of war, bound to any port or place not
y.ctuully invested, with which intercom se
shall be prohibited by the decrees or orders
of the Biiiish government, may oppose and
defend against any st-.rch, restraint or sei
zure which shall be attempted udoh such
vessel or upon any other vessel own»-l as
afotesaid by the commander or crew of any
armed vessel sailing under British colors, £c
may repel by force any assault or hostility
which may be committed on the part of such
British vessel pursuing such attempt, and
may subdue and capture the same.
Sec. 2d repeats the same provisions for
authorising resistance against the decrees of
the French government.
stftcl’ httice of this uVt the <.*vr r.\I c»n
tom-houses, no merchant >..*:»eb v« •. ,*;i no. ,d
as uiousaid to places net ar tjully invested,
v. ilh which iutercouis,- .hall bv.- mteuhcuJ
hy tiie ilecress or orders of tue >>• »ve u.ucius
of CL Britain or France,shall tecviu- a char
am. t, unless the owner or owii. n, an.i toe
masters und commanders of such J fur
the intruded voyage shall gi\«- b > ni i > die
U. S. in a sum equal to the « .tuu ol' si.oli
vessel and cargo, with condiinui that such
vessel shall no", make or ctnim.ii uvpretl.tti
oii, outrage, unlaw tut assault or unpiwvoked
violence on the high seas, and that the gnu*,
arms and unimnniti'ii of such vessel sliali
he returned within the U. t>. or MhcruiM
accounted for, and that such owner or own
ers and the commander and cu w ol such
merchant vessel will in all things conform
to the provisions of th:s act.and to such iu_
structious as the President uf the U. b. its
pursuance thereof, shall trom time to nine
establish-and it shall be the duty ef the
collectors to see that no armed vessel clear
ing out as aloiesaid sh-ll have on hoard firms
or oilier warlike stores, except sut.li as
may const it u't a part ol the equipment of
the said v»:s<.l and to attach a cel tiJicule to
that effect to the cLaiai.ce giant*. o to such
vessel.
hrc. 5. .dud f r it further enacted. That
the I'l csidtut of the United State* rthall be,
and he hereby is authorised to cstuhiisli iu
« uilormity with the lhovi.Mons ol this act;
suitable instructions to and i 'r the merchant
vessels authorised to arm—for the better res
training the commandos uni Crews who
snail be employed therein—tot’ preventing
any outrage or injury which they may be
disposed tucomir.lt, or the taking on board
articles contraband ol war—a copy of which
instructions shall be delivered to the com
mander of such vessel vvhtu he shall give
bond as aforesaid.
vF.c. b. «ind be it further enacted, That
the President of the LI. S. be und lie is here
by authorised to employ tiie public unned
vessels ui the U. S. in co ivoying and pro
tecting nicichant vessels of the U. S owned,
wholly bv u citizen or citizens tlurcof not.
carrying contraband of war, und bound toa«
ny port or place not actually invested, with
which intercourse shall be prohibited by the
decrees and orders of ilie government of G.
Br itain or France—and to instruct the com
manders of tne armed vessels of the United
btates to oppose und defend against search,
restraint or seizure which shall be attempt
ed upon vessels under convoy, bv die com
mander or crew of any armed vessel sailing
nudei" British or French colors, and to re
pel by force any assault or hostility which,
may be committed on the part of such Bri
tish or French vessel pursuing such attempt,
and to subdue and capture the sains.
Sec. 7. And be it further enacted. That
any British or French vessel so captured
snail be considered lawful prize and may
be condemned in any court of the U. S. hav
ing competent jurisdiction, und the pro
ceeds cl such prise shall be distributed in
conformity to the provisiui s of the act ** fop
the better government of ike navy of the U.
States.”
Mr. Livermore observed that this day
completed the third month of the session,
which had been so far exhausted in doing
nearly nothing; and when there was a pos
sibility of coining to some conclusion on this
bill, attempts were made tu defeat the pas
sage of it Mr. L. took a review of the
proceedings of the government ti.mi :hc non
importation act to tiie pi .’sent time, arid
particularly censured tiie rejection ci' Mr.
.Mum oe s treaty. He was v. haliy opposed to
the amendment now moved. It could not
be in the contemplation ot any gentleman to
get such an amendment through the House,
It was nothing short ot a declaration of war
against G. Britain and France. Oar mer
chant vessels were t > lie scat out armed
cap-a-pee, like Quixottc on his wind-mill
expedition, to light tiie belligerents If it
were possible for Congress to do su.h an act,
their constituents would provide strait waist
coats for them. II gentlemen had anything
serious in view, lie called upon them tu
bring it forward and make it the subject of a
separate bill. It had been repeatedly ac
knowledged on all sides of the house that the
m il intercourse was ineffectual, or operated
wholly upon ourselves. And, Mr. L. said,
it was not in force as to G. Britain. This he
knew to be the true construction of the law,
although, by instructions from the Treasury
Department, clearances were refused to Bri
tish ports. But, a! hough vessels were refu
sed a clearance to these ports, there never
had been a single seizure of goods impor
ted from that country that he could learn—
and this was a wise course of conduct, bc
cau e the government must know that the
law was not in force, and therefore avoided
the expen'ee and inconvenience which must
result from erroneous seizures.
Mr. L. made a number of remarks going
to shew that the sections struck out by the
Senate could have no effect. The exclusion
of SOOOlonsof British shipping annually from
our ports could have no effect as a coercive
measure. It was the most trifling thing (hat
could be deviled to operate on tiie minds of
‘he British ministry to induce them to propi
tiate us; and was equally weak as a mt.r.
suie tu benefit the commerce or the United
States.
The real question involved in the amend
ment now proposed, Mr. L. said was this—
Are the United States prepared to go i<»
v/ur * What has been done during the whole
ol the present session towards a preparation
for war? Where is the bill for fitting out
and increasing the navy ? Where is thear-r
my? IIow are we going to war, and what
will tie its object t Was it, he asked, to take
Canada? He had heard of a proposition of
the militia of one state to take Canada; hut
he rather doubted whether it would be prac
ticable to carry such a scheme into effect_
It would be something like the plan of fitting
out our merchant vessels to attack the Un
fish navy. If war was meant, he called up
on gentlemen to bring forward a direct pro
position going to that object, to let the people
know what they were to expect.
Mr. L. said that the members eotlj not
consistently widi their duty to their coi.su
tuents further pruscrastinate a decision ot
this question, hwastheir boundeu duty iit
medidtely to act. If the subject was not now
thoroughly understood, it never would lie;—
and, as tile hov:se was certainly not prepar
ed to go to war, he hoped the amendnuat
would be negatived.
i\ir l\cy made an <>bJec‘ion to p ft of the
amendment as out of older, because a bill
partially embracing the sane prii.eiplr.nz.
t..c Convoy bill ve'iorteil by Mr. hurweo,
was alieativ betoi e a..other committee of t;i«
whole ; and became- a de?.i ion on a c
precisely in point Ivadon a ii>t inf*r crtr.is
I’Ceo made by life ?>•< -cm li.taker. aul.vti
tinned Hy tl e h .le,;
'I Ub &pCt,.^.v i ,*i . ui .!».