The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1807-11-16 00:00:00

National Intelligencer.
& WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1105.
FIVE DOLLARS PER ANNUM,
MONDAY, NOVEMBER 16, 1807.
PAID IN ADVANCE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
TUESDAY, NOVEMBER 10.
Debate on the bill, making further appropriation for the support of the navy.
(CONTINUED.)
MR. RANDOLPH hoped the time would come—and that very soon—when we should have an opportunity of going into a regular discussion of the points touched upon by the gentleman from Maryland, and of some others. He trusted that, in the first place, the question would be regularly brought before the House—and the late experiment had thrown considerable light upon the subject—whether the United States ought to maintain a navy, and to what extent?—Whether an establishment which for years had proved a moth in the public purse, and which, when the exigency of the moment called for its last exertions, had proved only a conductor of dishonor to the nation, deserved to be cherished with the tenderness and supported at the expence, which had hitherto been lavished upon it. He hoped this question would be fairly met and as fairly decided—for strange as it might appear, this great point had never been directly settled, since the present administration came into office, but had heretofore been determined in an oblique, collateral way. He hoped too the question would be discussed how far the present state of our political relations abroad, had grown out of the proceedings of the memorable session of 1805—6, and how far (perhaps this might prove the only opportunity for such a discussion) the measures taken by the executive upon the capture of the Chesapeake comported with the wishes and expectations of the people and with the maxims of a sound, dignified and enlightened policy.
The gentleman from Maryland, who had just sat down, allowed that the position contended for yesterday in opposition to the practice of contracting public debts or expending public money illegally, were in the general good, but seemed to consider them liable to many and great exceptions. On this subject he would produce an authority which would shew what had been the opinion of the republican party, when they were out of power, and how far it supported the doctrine which gentlemen had now undertaken to defend. Here Mr. R. quoted Gallatin on the Finances of the U. S. page 81. "Another irregularity has once taken place upon an extraordinary occasion. Although the President of the U. S. was authorised to call out the militia to suppress insurrections, no monies were appropriated for that service. When the western insurrection took place, until Congress had covered the expenditures of that expedition by an appropriation made only on the 31st of Dec. 1794, the expences were defrayed out of the monies appropriated for the military establishment. Yet even the principle, by which the specific appropriations for the several objects of the military establishment have been considered as a general grant for the whole, could not authorise the application of a part of that grant to the expenses of that expedition. No farther discretion had been claimed by virtue of that principle than that of indistinctly applying the whole sum appropriated by law to any of the objects enumerated and specified under distinct heads in the law itself. But, as the militia called out to suppress an insurrection make no part of the military establishment, the expenses attending such a call were not among the various objects enumerated in the law making appropriations for the military establishment. The monies drawn from the treasury on that occasion were paid out of a fund appropriated for other and distinct purposes; they were not drawn agreeably to the constitution, in consequence of any appropriation made by law. It might be a defect in the law, authorising the expense, not to have provided the means; but that defect should have been remedied by the only competent authority, by convening Congress. The necessity of the measure, may, in the mind of the executive have superceded every other consideration. The popularity of the transaction" (and, he might have added, of the agent) "may have thrown
a veil over its illegality, but it should by no means be drawn hereafter into precedent."
Mr. Randolph believed that the opinion which he had just read would bear him fully out in the principles which he had laid down yesterday as those on which the old whig or republican minority in Congress had acted, on which they had specifically as well as virtually pledged themselves to the nation to continue to act, and which when they deserted they deserved the reprobation of every honest mind. Can any man pretend to say that the western insurrection, in the very infancy of this government, presented a case of less public exigency than the capture of the Chesapeake? And yet the then President of the United States for having illegally defrayed the expence of that expedition, instead of convoking the legislature and acting under its authority, had deservedly received the censure—not of the multitude, for they were with him—but of the thinking few. He was condemned by the reflecting part of the community and the system on which he acted, and which his successor had subsequently pushed to the most extravagant lengths, was finally arrested by the public voice.
In a preceding part of his work (page 79) the Secretary passes some deserved strictures on the practice of mingling appropriations. "The appropriations heretofore made for the military establishment have been subdivided into a number of separate heads making specific and distinct appropriations for the pay of the army, for its subsistence, for clothing, &c.; and it was supposed that the monies thus distinctly appropriated were respectively applied to the specific objects, for which they were appropriated. It however appears by a letter from the Secretary of the Treasury of May 1796, that by far the greatest part of the expenditures for the military department are found by experience to be unsusceptible of that particular distribution which is observed in the issues of monies appropriated to other objects; and that appropriations for military purposes ought to be considered as a general grant of such sums as the public service is found to require, to be issued according to exigencies, and applied and accounted for pursuant to law." The House will recollect that at this time we had not that other department which has since proved yet more unsusceptible of any economical regulation, or legal control. The Secretary of the treasury goes on to say—"It would seem that, if those appropriations are considered by the treasury department, as general, of which grants, to be issued according to exigencies that or some other executive department is to judge, and if, therefore, the monies specifically appropriated to one head of service are applied to another head, they are not applied and accounted for pursuant, but contrary to law. Such a mode is undoubtedly liable to great abuses: it deceives the legislature who, when appropriating one hundred thousand dollars for the defensive protection of the frontiers, did not think that the treasury would assume a power to apply them to the quarter master or any other department. It deprives the legislature from any control, not only over the distribution of the monies amongst the several heads of service, but even over the total sum to be expended. For the million and a half of dollars, appropriated for the annual support of six thousand men, the nominal establishment, may be spent in the same time, and in fact has actually been expended within 14 months for the 3,500 men who constituted the effective establishment. The same abuse has, for a considerable time, prevailed in England, where it has, at several periods, been taken notice of, and did lately produce a motion of impeachment against the ministers."
"On the other hand it is impossible, for the legislature to foresee, in all its details, the necessary application of monies; and a reasonable discretion should be allowed to the proper executive department. The most proper way would perhaps be, not to enter into so many details, not to make specific appropriations for every distinct head of service, but to divide the general appropriation under a few general heads only, allowing thereby
a sufficient latitude to the executive officers of government, but confining them strictly, in the expenditure under each of those general heads, to the sum appropriated by law."
The two cases noticed by Mr. Gallatin, were the mingling or lumping of appropriations, and the expenditure of money on objects authorised by law, but for which there was no appropriation. The present case not only embraced those two, but another, and much stronger case than any which Mr. Gallatin had imagined;—the expenditure of money not only without an appropriation, but upon objects not previously authorised by law.
But Mr. R. said it was asserted that the articles were not paid for—that contracts only had been made for them. So much the worse. In point of principle there was no difference between contracting an illegal debt, and making an illegal disbursement of money. But in point of economy, there was a great difference against the former. If these articles had been bought with cash, they would have cost less. Merchants all over the world looked to profit. Would they deliver upon contract to be paid some months hence, provided Congress approved, their salt-petre, for instance, at a cash price—at a time too of imminent danger of war, and when every article of military equipment must be expected to rise enormously in value. He could not see in such a procedure (granting the fact to be so, of which however he doubted) a theme for eulogy on the economy of men in office, or any mark of promptitude to provide for the public defence, which could be done effectually by the legislature alone.
He put it to the candor of the gentleman from Maryland to say whether, if the President had pursued a different course, had met the public expectation and convened Congress, he could not have found in the respect shown by the Executive for the laws, and the constitutional rights of that House, by a prompt recurrence to the only source of legitimate authority, a more ready and natural defence of his conduct than that which he had laboriously but fruitlessly taxed his ingenuity to produce. The gentleman's argument proved too much. The more he magnified the danger of the crisis to justify an illegal and unconstitutional expenditure of the public money, the more clearly did he demonstrate the necessity of convening Congress. But, sir, when the call for an immediate preparation to meet the emergency of the times, is din- ned into our ears, will any man pretend to say that such preparation has been made—that we are now prepared for war? Could any gentleman bring himself to believe that a few pounds of salt-petre had put the nation in a posture of defence—or that we had any other preparation than that which stout and willing hearts afforded? The measures which had been taken were as far respected a violation of the constitution and laws certainly efficient, but in relation to defence next to nothing. We were nearly in the same state of preparation now as two years ago when the non-importation law, that panacea of political empiricism, came into vogue. So late as the last session of Congress the House had been told, by a gentleman from Massachusetts not now in his place, that this law had already done wonders—that until it had passed Great Britain would not listen to any proposition from our ministers, but no sooner was it enacted than her ears were opened and a disposition manifested to grant our demands. But a regular course of this nostrum had ended, as all quackery was sure to do, in an aggravation of the disease. The gentleman from Maryland had said something which he could not distinctly hear, concerning the Spanish minister. He hoped the gentleman did not consider him as an apologist of Spain or her minister. He had warned the House two years ago of the consequences of truckling to Spain, of the inevitable effect of such mean submissions on the conduct of other nations towards us. What then was prophecy is now history.
A fear had been expressed that if a reluctant assent were given to this bill we should disappoint the hopes of the people. Mr. R. said he did give a reluctant assent. Because it was a measure of defence? No, because it was a half measure, a mere make-
believe, a tub to the political whale, something like the famous act for raising volunteers which had caused such confusion in our militia system, that in fact it could not be executed—because more especially the expence had been illegally incurred. But he would be the last to give a reluctant assent to vigorous and efficient measures originated in a constitutional way, which might be deemed essential to the national defence, or to the vindication of the national honor. If instead of waiting the slow return of the Revenge, Congress had been assembled immediately on the attack of the Chesapeake, to provide for the common defence, he would have given his warmest assent to any measures that could have been devised for retrieving the national honor. For if any thing was worth going to war for it was a nation's honor, since it is inseparable from a nation's safety.
Mr. QUINCY deemed it his duty to assign his reasons for the vote he was about to give. The House would recollect, that in the course of proceeding which had taken place yesterday, this bill containing so many appropriations, and coming before the House under such peculiar circumstances, and a motion being made for the committee to rise, he had assumed the parliamentary right of asking of the organ of the House, a few questions, in order to ascertain the particular objects of these appropriations—whether the amount of appropriations in the bill covered the whole extent of military stores mentioned in the President's message, as having been purchased, and whether they extended over all the expenditures which had been made? He had conceived that all the questions he had asked, were relevant to the subject, and such as he had a right to ask: he had expressed no disapprobation of the appropriation or the expenditure which produced it, but merely asked for information. There was no gentleman of the committee of Ways and Means who pretended to illuminate the subject; on the contrary, not a collateral remark had been made. It had been said that he wished to overthrow the bill. Being placed in this situation, he deemed it his duty to add a few remarks to shew what were the real objects of his enquiries.
He laid it down as a principle, and he called on gentlemen to contradict it, that this was a particular case on our records; unprecedented as he believed. The gentleman from Virginia had anticipated his ideas on the subject;—that, though under former appropriations there had been misappropriations, there had been no instance in which there was not a previous appropriation. This was a new case; a leading case, for which there was no precedent. He wished to know its particular circumstances, how the faith and honor of the nation was pledged, and how it had been done? He thought he had a right to ask this. He made the enquiry for another reason: in all cases under the former administration, although misappropriations had been made, the whole procedure had been avowed; always appeared on the records, from reports of the committees, or from some representation to the House. As an evidence of this Mr. Q. referred to a report of a committee made on the 22d of May, 1794; in which the committee expressly said,
"It has occasionally happened, that the omission or delay of appropriations by law renders it impossible to satisfy, in regular course, demands upon the Treasury, which have been incurred pursuant to law, and the satisfying of which is essential to the public service."
"In such cases, the course has been for the Secretary of the Treasury to request informal advances by the banks to the persons to whom the payments are to be made, to be reimbursed when provision is made by law. The account of such advances are distinct from that of the Treasurer, and the advances are reimbursed, when provision is made by law, by warrants upon the Treasurer."
If that administration were now in power, and the principles now prevailing, which were then justified, he would have given them his sanction, because the course was obvious. But in the report of the committee of investigation made to the House in 1802, this proceeding had been de-
clared irregular; and the Secretary of the navy in his letter to that committee, had expressly made representations of various errors in the treasury department, in applications of money. This being the case, was it not proper that the House should understand the mode in which this had been done? Whether any money had been drawn out of the treasury, and how got at? Mr. Q. had meant to cast no imputation on the bill. There were two things to be considered; one, the correctness of the end, the other the correctness of the means to that end. He believed it had been proper, under all circumstances for the Executive to take measures for providing those means; but did it follow that the House should authorize them without information on the subject? They should know the particulars; they should ask for them. Did the House know anything about it? No. The gentleman from Maryland who had just spoke had stated that no money had been actually paid; and yet the Secretary of the Navy states explicitly "We have consequently purchased all that has been offered for sale at a reasonable price." What payment had been made for the purchase he should like to know.
Mr. Q. said he had no objection to the object of the bill; but wished to be enabled to give his full and perfect approbation to the measure. At present he could only give a half way assent; but could not say the whole course had been correct. If any reflection were cast on this occasion, it should be on the committee who had reported the bill.
Mr. W. ALSTON said, the question was as he understood it, whether the House would pass a law for defraying the extraordinary expenses which had been incurred in consequence of certain events. To him the discussion which had taken place was the most extraordinary which he had ever witnessed. Instead of coming forward and opposing this measure, gentlemen employ themselves in justifying their conduct on former occasions, and abusing the administration. If they wish to arraign the Executive or any of its acts, let them come forward in a manly manner, and lay a resolution on the table for the purpose: and not arraign their conduct, while they sanction the measure. This was the proper way, and if he were displeased with the administration it was the course which he would pursue. Was it fair for gentlemen who approved its conduct, to propose measures which would cast a censure upon every step which had been taken? He thought not.
The gentlemen who had just set down, had said, that he wished no concealment, he wanted information. Surely that gentlemen had not read the estimate from the Secretary of the treasury laid on their tables; for in that he might find ample information; it stated the very articles for which these expenses had been incurred. It had been said there was no law to cover this expence: no person denied that. Was it a question material to the House whether they were paid for or not, or if paid for whether out of any particular appropriations? The prices given for the particular articles were shewn to them; there were merchants in the House who knew what the price of these articles should be; he presumed that if any extraordinary price had been given, some gentleman would have said so.
It had been said that the President should have called Congress, and not have violated the laws of his country. He thought this the greatest emergency that had ever occurred, and that we were now better prepared to decide on the important question of peace or war, than at the moment when the event had taken place which called them together: The course which had been pursued would be sanctioned by all prudent men, and if by this course war had been averted, the voice of the nation would approve it. The cases which he had heard cited did not apply, for in the present case there had been no improper application of public money; what contracts had been made it was not for him to enquire, but it appeared that not a cent of money had been drawn from the treasury without appropriation.

MR. CHANDLER remarked that the gentlemen from Massachusetts and Virginia had argued much on the subject of this appropriation. Their whole argument had gone to show, that it was improper to apply money to one purpose which had been appropriated to another; or at all to apply money which had not been appropriated. It appeared to him that the present case differed very much from that of applying money without previous appropriation; there had been no money applied. The exigency of the country, in the opinion of the Executive, required these contracts to be made. They had been made; but no money had been paid. The gentleman from Massachusetts wished to be told the difference between paying for an article and purchasing it: the distinction was obvious—an article may be purchased to-day and paid for to-morrow. He must confess that in this case he could neither see misappropriation or misapplication.
MR. FISK said, he had understood that there were diseases both of body and mind, which admitted of no radical cure. The disposition to find fault was one of these. The gentleman from Massachusetts had complained that the committee of Ways and Means had not done their duty; he wanted to know the prices given for the several articles before he could give this bill his full assent. At present he was in Egyptian darkness; an obscurity so great as to be tangible; this being his situation, it was doubtful whether any ray of light reflected by reason, could reach his optical nerve; there could be no doubt but his mind was clouded, for had he read three lines more of the letter of the Secretary of the Navy to the committee, a part of which he had just read, he would have found the very information he wanted: "We have consequently purchased all that has been offered for sale at a reasonable price. For that stated in the estimate we have given different prices, the lowest of which has been 16, and the highest 18 cents per lb. For powder, cannon, cannonball, copper, canvas & cordage, we have contracted at the ordinary market prices."
Here they found the prices which were given for saltpetre; the other articles were purchased at the market price. Did the gentleman wish the House to return the letter to the Secretary, to ask what the market prices were? Surely not. Mr. F. conceived the only question now was whether it was expedient to make the appropriation, (it was at their option) or withhold it. The money had not been paid. The President had told them that he made the purchase on his own responsibility; yet the gentleman from Massachusetts thought the money was actually paid because purchase implied payment; the gentleman might, as a professional man, have found a very plain distinction between purchase and payment. The same gentleman had said, that the Executive in the present instance, had exceeded the powers delegated by the constitution much more than had been done by his favorite administration in the case cited by the gentleman from Virginia (Mr. Randolph). Mr. F. thought very differently. In that case money appropriated for one object was taken from it and applied to another: in the present case no money had been drawn from the treasury; no money had been paid.
The gentleman from Virginia had reminded them of the measures adopted the first session of the 9th Congress, to which he attributed the late outrage committed by a British ship on one of our public armed vessels. Mr. F. called upon the House, to decide whether the measures then pursued provoked, the conduct of the then minority in Congress invited this outrage; that minority which endeavored to distract and weaken the counsels of our government, who declared against all opposition to British usurpation; and declared, that the British navy was the only barrier between us and universal despotism. These things circulated and were read with avidity in that country, and no doubt induced that nation to believe that there was a strong party in this country in her favor, and that she might insult us with impunity. But, thank God! said Mr. F. the indignation expressed by the country on the late outrage will convince them of the error into which they had fallen.
MR. UPHAM asked the patience of the committee, while he made a few remarks. He believed that there was a general concurrence of opinion, that the executive had no right to appropriate money for any object not authorized by the legislature; the legislature had not authorized the making contracts or purchases; but as the general principle of appropriation was not contested, it became a question whether more good or evil would have resulted from calling Congress together previous to making
these preparations. Upon a whole view of the subject, and as it was necessary to send a vessel with dispatches to England and allow time for its return, it was perhaps better for the President to act as he had done.
He believed that it was unanimously agreed by the nation, that if the English government had directed the search of a national ship, it was a cause for war; there was no question but an aggression had been committed by searching a national ship by force; and it appeared from the letter from admiral Berkeley to captain Humphreys, that it was done by order. This being an encroachment on the laws and usages of nations, he did not wish it to be understood that he thought it improper to make these preparations to resent it. But if they permitted their officers to make contracts unauthorized, if the legislature were not to examine into and scrutinize these things, they might conceive they had a right to act in this manner, and it would become a matter of course for them to do so. As to the general principle then there could be no question; but he believed with the gentleman from Virginia, that there might be a case where it would be necessary to make preparations before the legislature could be called; and in that case there should be no sort of reluctance to sanction such measures; at the same time, were it possible, it might be safer to call Congress together.
Under every circumstance of the case, however, he was inclined to believe that the executive had acted correctly in this case; at the same time that he thought there was no impropriety in making enquiries as to particulars. He concluded by declaring that he should vote for the bill.
MR. SLOAN would detain the Committee but a moment; he only rose to drop a few hints as to the extraordinary nature of this debate, in the course of which the proceedings of the first session of the 9th Congress had been brought into view; as they had been brought forward so far, he would bring them still further into view. If the feelings of members were to be borrowed up, and what they had then said introduced at this time, he would inform the gentleman from Virginia, who had undertaken to quote words which had been used at that time, that he too was in possession of words then used by him. Who had been necessary to the present situation? Was it not the conduct of the minority who were then and now are in an underhand way impeaching the conduct of the Executive? He would ask, and submit the question to the people of the U. S. whether the language which had been just quoted by the gentleman from Vermont, had not conducted to this result? Such words as these—that the battle of Trafalgar prevented the fleets of France and Spain from levying contributions on our commerce in our own seas, that if we offended the minister of the British nation, he would put forth his strength, and make us feel it, that he would cover the ocean with vessels of war, that the British would burn our seaport towns, and drive us from the sea-coast over the mountains! Let the good people of the U. S. say whether it was observations of this nature which he had noted down and had in his possession, coming from a member on the floor of Congress, or whether the prudent measures of the President had a tendency to bring about the present troubles. Mr. S. wished the people to pronounce who were the true friends of the liberty and prosperity of the U. States.
MR. D. R. WILLIAMS. I have remained silent to this late period of the debate, expecting the information which I am anxious to obtain, would have been extracted by the inquiry of others; nor should I have now risen, had not the question been repeatedly called for from several parts of the House. I am fearful it will be taken before I can be gratified with that which I solicit. To the courtesy of the gentleman from Maryland (Mr. Montgomery) I make my application—he is a member of the committee of Ways and Means, appears best informed on the details of the bill, and indisputably has told us more this day, than we were favored with yesterday. I hope, sir, I am not to be marked and noted as an opponent of the administration, nor as in the remotest degree attempting to assail the purity of executive motives, in making this request; yet, it appears from expressions which have escaped the gentleman from North Carolina (Mr. W. Alston) and some others, this may be the fact, and that the cry of mad dog, opponent to the administration, is to be directed against every one who shall be so hardy, as to ask more information relative to this momentous subject, than precisely so much as the committee has thought proper to give. In the
most ordinary cases, this House has not been accustomed to act in the dark, and I hope it never will; but on a subject of the last importance, involving a sacred, constitutional question, it is infinitely more important that we should proceed understandingly. The gentleman from North Carolina will allow me to say, it is particularly his duty, with the other members of his committee, to furnish all the information required, as he is now one of the principal characters on whom the House is made to rely for fiscal knowledge. There is one item in this bill which has escaped notice and which, to me, appears very extraordinary. We are about to make the appropriation for a deficiency of 37,500 dollars incurred by the purchase of timber for the Navy, says the bill, and yet there is no responsible person making the demand, no document on the table relative to it.
There is a sum similar to this in the estimate from the secretary; it is true, but that is alleged to have been paid for timber for gun-boats. Appropriations heretofore have been perfectly distinct, for these two objects, and so they should be now. I was much surprised yesterday, that the usual accuracy of the gentleman from Connecticut (Mr. Dana) had totally failed him, while speaking of this timber for gun-boats. The gentleman improved it as an occasion of triumph, and he will permit me to say he triumphed excessively, that this measure which he had proposed at the last session of Congress, but which was then rejected, was now like to pass, through the same House, with an overwhelming majority; because, as he observed, it is now presented to us under the auspices of the highest authority in the government. The gentleman is completely mistaken, there is no such recommendation in the message, no such responsibility is therein assumed. The subject of gun-boats is mentioned but twice in the message. In the first place they are thus spoken of. "The gun-boats too, already provided, have, on a like principle, been chiefly assigned to New-York, New-Orleans and the Chesapeake. Whether our moveable force on the water, so material in aid of the defensive works on the land, should be augmented in this or any other form, is left to the wisdom of the legislature." Again—"Expenses also unprovided for, arose out of the necessity of calling all our gun boats into actual service," &c. Thus it appears, this object of expenditure is no where alluded to in the message, for it will not be contended, they are considered "supplements to our existing stock" of military stores.
The Chairman of the committee of Ways and Means has asked of the Secretary of the navy, and asked loosely too, for such information as he may deem material; and the answer of the secretary which must be presumed to contain all the information required, is as silent about these 37,000 dollars worth of timber as the message itself. Upon what authority then is this item introduced, this article which, no body acknowledges, which no one is responsible for? I would rather ask if it is not altogether a mistake in the estimate? It seems a mistake not less monstrous than this would be, is acknowledged to have been committed; for assuredly, it would be a less error to estimate timber for the repairs of vessels than 64,000 lbs. of sheet iron. I voted against the purchase of timber at the last session, I see no reason to change that vote, and will therefore vote against it now, as I certainly shall on all occasions, against any measure, under any circumstances which shall have for its object an increase of the navy.
(Debate to be continued.)
THIS is to give notice that the subscribers of Washington in the district of Columbia have obtained from the Orphan's Court of Washington county and district aforesaid, letters of administration on the PERSONAL ESTATE of Hugh Somerville late of said county deceased. All persons having claims against the said deceased, are hereby warned and required to exhibit the same with the vouchers thereof to the subscribers on or before the 12th day of March next, as they may otherwise by law be excluded from all benefit of said estate. Those who are indebted are requested to make immediate payment to
DAVID SOMERVILLE, ALEXANDER REID, Admrs.
N. B. On THURSDAY the 19th instant at 4 o'clock, P. M. will be sold at the house of MRS. SOMERVILLE, the remains of the Personal property of the aforesaid Hugh Somerville, consisting of One Share in the Washington Building Company, one Cow, a Fowling piece, and Silver Watch, &c. &c. Terms of sale cash.
D. SOMERVILLE, ALEX. REID, Admrs.
Washington, November 16—3t
WASHINGTON CITY.
MONDAY, NOVEMBER 16.
On Friday last, we understand, the Secretary of the Navy laid before the Committee of the House of Representatives on aggressions, a detailed statement of the circumstances attending the outrage committed on the Chesapeake, together with those which occurred prior and subsequently to that event. To gratify the public solicitude on this important subject, we publish the following opinion of the Court of Inquiry & hope to be shortly enabled to submit to the public the other documents connected with this affair, which are said to be in the highest degree interesting.
At a Court of Enquiry assembled on board the United States Ship Chesapeake, in the harbor of Norfolk and State of Virginia, by order of the Honble. Robert Smith, Secretary of the Navy of the United States, and continued by adjournment from day to day from Monday the 5th day of October, 1807, until Wednesday the 4th day of November, 1807.
PRESENT,
CAPTAIN ALEXANDER MURRAY,
President, and
Captains Isaac Hull, and Isaac Chauncey } Members thereof.
The following opinion and report was unanimously given, and directed by the court to be transmitted to the honorable the Secretary of the Navy of the United States.
PURSUANT to an order from the Honorable Robert Smith, Secretary of the Navy of the United States, to Captain Alexander Murray directed, dated the twelfth day of September, in the year of our Lord, one thousand eight hundred and seven, the court proceeded to enquire into the causes of the surrender of the Chesapeake, a frigate of the United States, then under the command of James Barron, Esquire, a captain in the navy of the United States, to a British vessel of war, which surrender was made (as is in the said order stated) without that defence being made which might have been expected from the known valor of Americans; and having heard all the evidence adduced, as well by the Judge Advocate, as by the said captain James Barron, and having maturely and thoroughly considered the same, (captain James Barron having declined to offer any defence) Report to the honorable the Secretary of the Navy of the United States, as by his said warrant is required, a state of the matters touching the said surrender, together with their opinion thereon, as followeth:
1.—It appears to the court, that the United States ship Chesapeake, then under the command of James Barron, Esquire, a captain in the navy of the United States, sailed from Hampton Roads, on an intended cruise in the Mediterranean sea, on the morning of the 22d of June last past, having on board a crew consisting of more than three hundred and seventy men, and completely equipped with every thing necessary for such a ship of war, sailing on such a cruise.
2.—It appears to the court, that captain Barron was appointed commodore of the ships and vessels destined for the Mediterranean service on the 15th day of May last past, and hoisted his broad pendant on board the Chesapeake, the first time he came on board of her after her arrival in Hampton Roads, to wit, on or about the 6th day of June last past.
3.—It appears to the court, that commodore Barron visited the Chesapeake only twice during the period she remained in Hampton Roads, and before he came on board to proceed to sea; on neither of which occasions, did he examine particularly into her state and condition.
4.—It appears to the court, that the guns of the Chesapeake were never exercised before she proceeded to sea; that her crew were quartered but a few days previous to that time, and had never been called to quarters more than three times prior to her sailing for sea.
5.—It appears to the court, that the ship was reported to commodore Barron to be ready for sea on the 17th day of June, that he came on board on the 21st, and that the ship sailed on the morning of the 22d of June last past.
6.—It appears to the court, that antecedent to the sailing of the Chesapeake, there had been received on board of her some persons who had been claimed by the British government as deserters from their service, but who were not ordered to be delivered up by the American officers.—That there was also a report in circulation, and generally known on board the Chesapeake, that a threat had been used by the captain of the British ship of war
Melampus, to take these men from the Chesapeake.—That commodore Barron had full knowledge of the facts that such men were on board his ship, that they had been demanded by the British government, and had not been delivered up, the court are perfectly satisfied; but no positive evidence has been adduced to prove, that the report of the threat above mentioned was communicated to him before his ship sailed.
7.—It appears to the court, that the Chesapeake in proceeding from Hampton Roads to sea, passed a British squadron at anchor in Lynhaven Bay, who at the time of her passing them were making signals to each other, which was not only reported to commodore Barron by one of his officers, but actually observed by himself.
8.—It appears to the court, that the British ship of war Leopard of fifty guns, one of the squadron then at anchor within the limits of the U. States, weighed immediately after these signals were thrown out, and stood to sea.
9.—It does not appear to the court, that at this time there was any vessel in sight, or any other object to induce her to go to sea, but the Chesapeake.
10.—It appears to the court, that at the time the Leopard got under weigh, the wind was at south-south-west, and therefore fair for her to proceed to sea; but that instead of availing herself of this to clear the land, she hauled by the wind, close round Cape Henry, and stood to the southward, under easy sail; thereby shewing that it was not her intention to get off the land speedily.
11.—It appears to the court, that after this the wind became light and baffling, and likely to shift, and came out from the eastward; that when this happened, the Leopard shortened sail, and stood to the eastward.
12.—It appears to the court, that after this the wind did come out from about south-south-east, and that the Leopard then having got the weather-gage, preserved it, by tacking in shore when the Chesapeake did so in order to get off her pilot, and after the Chesapeake again stood off to the eastward, that the Leopard wore, and bore down for her.
13.—It appears to the court, that when the Leopard tacked and stood in shore, on the same tack with the Chesapeake, that her lower deck ports were all triced up.
14.—It appears to the court, that when the Leopard run down for the Chesapeake, she rounded to on her starboard quarter, and to windward of her, and that at this time her tompions were out of her guns.
15.—It appears to the court, that commodore Barron was upon deck, observing the Leopard, during the time these manoeuvres were practising, and these appearances exhibited.
16.—The court is of opinion, that the circumstances above stated were in themselves so suspicious, as to have furnished sufficient warning to a prudent, discreet, and attentive officer, of the probable designs of a ship of war conducted in that way, and ought to have induced commodore Barron to have prepared his ship for action, especially with the information he possessed of the situation of his crew generally, of those who had been demanded by the British government particularly, and of the general state of the ship at that time.
17.—It appears to the court, that commodore Barron nevertheless did not order his ship to be cleared for action, and that he did not call his men to quarters.
18.—It appears to the court, that when the Leopard came along side of the Chesapeake, an officer was sent from her, with a communication from capt. Humphries, the captain of the Leopard, to commodore Barron, which the latter could not and did not misunderstand, but very correctly concluded to be a demand with which he ought not and could not comply, and one which, if refused, would be enforced if possible.
19.—It appears to the court, that although such was the situation and impression of commodore Barron at this time, yet that he did not still order his ship to be prepared for action, altho' ample time was allowed for that purpose, the British officer being detained on board the Chesapeake from 35 to 45 minutes.
20.—The court is of opinion, that the neglect of commodore Barron to prepare his ship for action under such circumstances, is a direct breach of the fourth article of the rules and regulations for the government of the Navy of the United States, adopted by an act of the Congress of the United States, passed on the 23d day of April, 1800, entitled "An act for the better government of the Navy of the United States."
21.—It appears to the court, that after the British officer left the Chesapeake, bearing a positive refusal from commodore Barron to the de-

mand which had been made by capt. Humphries, and after commode Barron was himself satisfied that an attack upon his ship would be made, he did not take prompt, necessary and efficient means to prepare his ship for battle—That his first order was merely to clear his gun deck, and the second given after the lapse of some time, was to get his men to quarters secretly, without beat of drum; although with such a crew as he had on board, and in such a situation as the ship then was, it was not to be expected that such orders could be effectually accomplished.
22.—It appears to the court, that the conduct of commode Barron during the attack of the Leopard manifested great indecision, and a disposition to negotiate, rather than a determination bravely to defend his ship. That he repeatedly hailed the Leopard during her attack upon him—That he drew his men from their guns to lowering down boats, to send on board of the attacking ship—and that he ordered his first lieutenant from his quarters during the attack, to carry a message on board of the Leopard, at that time firing upon him.
23.—It appears to the court, that during the attack, commode Barron used language in the presence of his men calculated to dispirit his crew, by ordering them to keep down, that they would all be cut to pieces.
24.—It appears to the court, that commode Barron ordered the colors of the Chesapeake to be struck, & that they were struck, before a single gun of any kind was fired from her; and that at the time they were so struck, her main deck battery was in a situation which would have enabled the return of a broadside in a very short time.
25.—The court is therefore of opinion, that the Chesapeake was prematurely surrendered, at a time when she was nearly prepared for battle, and when the injuries sustained either on the ship or crew did not make such a surrender then necessary; and that for this commode Barron falls under a part of the sixth article of the rules and regulations for the government of the navy of the United States, adopted by an act of the Congress of the United States, passed on the 23d day of April, 1800, entitled "An act for the better government of the navy of the United States."
26.—The court is of opinion, that although the conduct of commode Barron, before and during the attack of the Leopard, evinced great inattention to his duty and want of decision, yet that during that attack he exposed his person, and did not manifest either by his orders or actions any personal fear, or want of courage.
27.—It appears to the Court, that although the Chesapeake might and ought to have been better defended than she was, yet that she was not in a situation at the time of the attack made upon her, to have enabled so gallant a defence being made as might be expected. Some of her guns were not securely fitted in their carriages, some of her spunges and wads were too large, but few of her powder horns were filled, her matches were not primed, some of her rammers were not in their proper places, her marines were neither supplied with enough cartridges, or were those which they had of the proper size. None of these circumstances however could have influenced Commode Barron in striking his colors, because they were not known to him at the time.
28.—The Court is of opinion, that the conduct of all the other officers of the ship, except those whose duty it was to have remedied the deficiencies before stated, and of the crew generally, was proper, commendable and honorable. A true copy,
I. W. TAZEWELL, JUDGE ADVOCATE.
The following ADDRESS was on Friday last presented to the President of the U. States:
To THOMAS JEFFERSON, President of the United States.
We, the representatives of the Yearly Meeting of Friends, for the Western Shore of Maryland, the adjacent parts of Pennsylvania and Virginia, and the state of Ohio, being convened in the city of Baltimore, on those concerns which relate to our society, apprehend that we feel our minds engaged to address thee on behalf of ourselves, and the religious society which we represent.
Permit us to say, that whilst we desire to be preserved from intermeddling with the policy of those governments, under which we live; we believe it to be our indispensable duty, consistently with that Christian obligation, in relation to governments, to "lead a quiet and peaceable life under them, in all godliness and honesty."
We feel gratitude to the Sovereign Ruler of the Universe, in that he hath influenced the councils of the General Government of our country, to decide
upon several important subjects, agreeably to the principles of eternal justice and right.
Amongst the most prominent of those acts, which claim our approbation, we are induced to notice the evidences of thy efforts to preserve our country from the calamities and ravages of War, by cultivating a disposition, and pursuing a conduct marked with conciliation and friendship towards all nations with whom we have intercourse; thereby avoiding those grounds of dissension, which are often the sources from whence this desolating scourge has its origin, to the reproach of Christianity. For, as we are firmly persuaded of its obligation as a religious principle, so it is our fervent desire, in regard to all men, that even the smallest germ of enmity may be eradicated. And our ardent prayer to the Father of the Universe is, that through the over-ruling order of his Providence, the hearts and understandings of his erring and contending creatures, may be illuminated, so to behold the excellency of brotherly affection, as to become willing to admit the spirit of universal reconciliation.
We are also bound to acknowledge those philanthropic exertions, which have been used to ameliorate the condition of the Indian natives, by introducing amongst them a knowledge of agriculture, & of some of the mechanic arts. We sincerely congratulate thee on their progress in civilization, and the very encouraging prospect, abundantly evinced, that this truly benevolent and laudable undertaking will ultimately be crowned with the desired success—an undertaking which, whilst it increasingly obviates the wretchedness of their former condition converts them from dangerous neighbors to valuable friends.
But there remains a subject, inexpressibly dear to our hearts, which has particularly interested our feelings. We rejoice in the prospect of a termination to the wrongs of Africa, and that a traffic, heretofore legalised in a district of our country, in its nature abhorrent to every just and tender sentiment, and reproachful to humanity, to say nothing of christian principles, is interdicted by our government. For the exertion of thy influence, united with the National Legislature, (may we not say,) to relieve our country, from the complicated evils attendant upon this cruel and inhuman trade, we are engaged, through this medium, to testify our warmest approbation.
And may the future Councils of our country, yield to the influence of Him who is called "WONDERFUL, "COUNSELLER, THE MIGHTY GOD, "THE EVERLASTING FATHER, THE "PRINCE OF PEACE;" so that the exercise of additional acts of justice & mercy, towards this greatly oppressed part of the Human Family, may utterly remove the cries of oppression, from this highly favored land.
With sentiments of respect, due from us to those, who, in the ordering of divine Providence are set over us, we, are thy friends.
Signed on behalf of the Meeting. By GERARD T. HOPKINS, CLERK.
To the foregoing Address, the President of the U. S. returned the following ANSWER.
Friends and Fellow-Citizens, I thank you for the Address you have kindly presented me, on behalf of that portion of the society of friends, of which you are the representatives: and I learn with satisfaction their approbation of the principles which have influenced the councils of the general government, in their decisions on several important subjects confided to them.
The desire to preserve our country from the calamities and ravages of war, by cultivating a disposition and pursuing a conduct, conciliatory and friendly to all nations, has been sincerely entertained and faithfully followed: it was dictated by the principles of humanity, the precepts of the gospel and the general wish of our country; and it was not to be doubted that the Society of friends, with whom it is a religious principle, would sanction it by their support.
The same philanthropic motives have directed the public endeavors to ameliorate the condition of the Indian natives, by introducing amongst them a knowledge of agriculture and some of the mechanic arts, by encouraging them to resort to these as more certain, and less laborious resources for subsistence, than the chase, and by withholding from them the pernicious supplies of ardent spirits. They are our brethren, our neighbors; they may be valuable friends, and troublesome enemies. Both duty and interest then enjoin, that we should extend to them the blessings of civilized life, & prepare their minds for becoming useful members of the American
family. In this important work I owe to your society, an acknowledgement that we have felt the benefits of their zealous co-operation, and approved its judicious direction towards producing among those people habits of industry, comfortable subsistence, and civilized usages, as preparatory to religious instruction and the cultivation of letters.
Whatever may have been the circumstances which influenced our forefathers to permit the introduction of personal bondage into any part of these states, and to participate in the wrongs committed on an unoffending quarter of the globe, we may rejoice that such circumstances, and such a sense of them, exist no longer. It is honorable to the nation at large that their legislature availed themselves of the first practicable moment for arresting the progress of this great moral and political error; and I sincerely pray with you, my friends, that all the members of the human family may, in the time prescribed by the Father of us all, find themselves securely established in the enjoyment of life, liberty and happiness.
TH: JEFFERSON. Nov. 13, 1807.
New York, November 11. The fast sailing ship Sansom, capt. Stevens, arrived below at a late hour last evening in 36 days from Plymouth, in England. She left there on the 5th October; and to captain Stevens and captain Doane, passengers, the Editor of the MERCANTILE ADVERTISER is indebted for Bristol papers to the 4th of October, Liverpool papers to the 1st, London papers to the 30th of September, and a number of valuable marine articles.
Captain Doane informs us, that he left London on the 2d October, at which time the United States schooner Revenge had arrived at Portsmouth from Falmouth, to take on board Mr. MONROE, who was expected there in a few days, and whose baggage had been packed up a week before. It was rumored, captain D. adds, that the RIGHT OF SEARCH, as it was called, would not be relinquished by the British government, either as it respected merchant vessels or ships of war; and that the prospect of an accommodation between Great Britain and the United States was gloomy. The former had issued orders to detain all American vessels bound to or from the ports of an enemy; and had raised the blockade of the Ems, Weser, and Elbe, about the 20th of September. He states also, that the expedition to Madeira had not sailed, but was rendezvoused off Cork; and that another expedition, to consist of 20,000 troops, was fitting out, destined (as supposed) for South America.
The latter conjecture is in a great measure confirmed by an article in the London Star of the 28th Sept. which notices the meeting of a cabinet council on the Friday preceding, which continued in close deliberation until three o'clock in the morning. The proceedings had been concealed with great care; but it was rumored, that, among other measures decided upon, was the recapture of Buenos Ayres, as indispensably requisite to wipe off the stigma brought upon the British arms by the surrender and evacuation of their conquest in that quarter. For this purpose the expedition mentioned by captain Doane was fitting out, that the conquest might not be attended with procrastination. One great cause of the slowness of their military operations hitherto is said to be the arithmetical nicety with which the force has been calculated for the accomplishment of the intended object—not allowing a single man more than was thought indispensably necessary. This system, in the present instance, is to be abandoned; and the government is encouraged to adopt vigorous operations from the success which has attended their operations before Copenhagen.
Mr. Hawker, a merchant of London, writes to captain Stevens, under date of 18th Sept. "although Mr. Monroe's departure for America may look like hostility, yet this is not the case; Mr. Pinckney will act in his stead. I learn that this government have determined to search all neutral ships for British seamen; and it is said a proclamation will be issued in a day or two, to that effect." This proclamation, however, had not appeared on the 30th.
"We are informed," says the Star of the 28th, "and we believe our information is correct, that our government has resolved to retaliate on France by a proclamation, exactly on the model of the French decree of blockade. Not only on the coasts of France and Italy, but of every European state under the influence and control of Napoleon—as also all foreign dependencies so circumstanced, will be declared in a state of blockade, and all vessels going to or coming from any of them, will be declared
legal prizes." "This will settle at once the clamors of the Americans respecting their right to trade with the French colonies—carrying or pretending to carry their produce to an American port; and afterwards to re-ship the same for Bordeaux and other French ports."
"We understand that the definitive answer given by Ministers to Mr. Monroe, (who has not yet taken his departure,) was exactly conformable to the principles that are about to be adopted. Mr. Monroe, it seems, was instructed to declare, that should the British government refuse to concede the points demanded by America, the Non-Importation Act, would immediately be enforced.—The reply was, "I am commanded by his Majesty to inform you, that the issue of such an order by the American Government will be considered and held as a declaration of war."
"On the points respecting the right of search, "Mr. Monroe was informed that this country will maintain its rights not only respecting goods but seamen—not even excepting American ships of war."
In addition to the information in the papers, a captain Doane, of Boston, who came passenger in the Sansom, informs, verbally, that he saw and conversed with Mr. Monroe the day before his departure, that Mr. Monroe told him, that his return was not to be considered as evidence that negotiation was entirely broken off, yet Mr. D. concluded from what was said, that "all hopes of an amicable accommodation were now at an end." E. P.
Copenhagen surrendered to its invaders on the 7th of Sept. The articles of capitulation surrender the whole of the Danish ships, and vessels of war of every description, and the possession of the dock-yards and the store-houses, to the forces of his Britannic majesty; within six weeks from the date of the capitulation, or sooner if possible, the citadel of Copenhagen and the island of Zealand were to be evacuated; and the prisoners taken on both sides to be unconditionally restored. The loss of the Danes in killed and wounded, it is said, exceed 6000 persons; the prisoners, at the time of the surrender of the city, amounted to 3000; and the number of the houses destroyed, 250.
The Dey of Algiers has ceded the Coral fishery on the coast of Barbary to the English.
It was reported at Gottenburg that a serious misunderstanding had arisen between the Russian emperor and his Senate, on the subject of the treaty of Tilsit; and that the Senate had not ratified that instrument.
The Dutch government have interdicted all intercourse with England. The regulations are drawn up with that severity which characterise every proceeding of Napoleon in matters relative to British commerce.
A rupture between Russia and Sweden is stated as probable.
Accounts from Algiers mention that a treaty has been concluded with the regency of that country, and Great Britain, by which the exclusive right of the trade of the ports of Bona, La Cala, and Il Col, has been ceded to the latter, for the exportation of hides, wool, wax, and 7500 fanagues wheat annually; and ceded the coral fishery on the coast.
French troops were marching from Upper Italy to the kingdom of Naples whence it is concluded that an attack on the island of Sicily was not far distant. French troops have taken possession of Cattaro.
The island of Rugen, including all the Swedish islands on the German coast of the Baltic, have capitulated to the French.
The Portuguese government, it is said, refused to comply with the demand made by the French, to be paid the sum of 500,000l.; and has expressed a determination to embark for the Brazils, if the demand is persisted in.
The British Parliament had been further prorogued to the 10th of November.
LONDON, SEPT. 24. The opinion that a rupture will take place between this country and America, gains ground in this city. In what temper of mind Mr. Monroe took his departure is not not publicly known, but it is pretty generally understood that our government maintained a dignified tone on some of the points endeavored to be wrested from this country by threats. On some of these Mr. Monroe is said to have remarked that they had been conceded by the treaty sent some time ago to America. The answer was—"True, and if your government had ratified that treaty, his majesty's present ministers would have considered themselves bound by the act of their predecessors; but the treaty having been returned unratified, has now no more
weight than any piece of waste paper."
The question between this country & America may be reduced to a very narrow compass. The Americans contend that they have a right to trade with the French colonies, because France has permitted them during the war. We answer, that in the very nature of things, a war in which they are not a party, cannot confer privileges on them from which they are debarred in time of peace. France does not allow America to trade with her colonies during peace, and allows her to do so during war, because it is of service to France. By the spirit of colonial law, none can trade with the colonies of any country but the mother country, and it follows that every vessel so trading can have no other protection in that trade than what the mother country can afford them; they become while in that trade, the vessels of the mother country. Star.
In the above foreign news we have give all the articles which relate to this country. We are obliged to defer to a future number the official details of the surrender of Copenhagen, and other interesting miscellaneous matter, to make room for domestic articles of higher interest. The same cause compels us to defer the sketch of Congressional proceedings for the two last days, as well as several advertisements.
JOSEPH WHEATON takes this method of informing his friends and the public that he has opened an OFFICE in his own HOUSE in F street near the Office of Discount and Deposit, where he proposes to carry on the business of BROKER & COMMISSION MERCHANT.
IN THEIR VARIOUS BRANCHES, and would therefore solicit a share of public patronage, assuring, that such commands as he may be favored with in his line of business shall be gratefully received and faithfully and promptly executed.
Washington city, Nov. 16—
By order of the Orphan's Court of Montgomery county, will be exposed to Public Sale, on Monday the 21st day of December next at the Dwelling Plantation of the late Absalom Beddo, a parcel of valuable Negroes, Horses, Cattle, Sheep and Hogs, Household and Kitchen Furniture, Plantation Utensils, &c. also a quantity of Corn and Corn Fodder, &c. on a credit of nine months, the purchaser giving bond with approved security bearing interest from the day of sale.
The sale to commence at 10 o'clock on the day aforesaid and to continue from day to day until the whole is sold.
J. BEDDO, surviving Executor of Absalom Beddo. November 16—w4
District of Columbia Washington county, to wit:
BE it remembered that on the 9th day of November 1807, William Scott brought before me the within justice of the peace in & for the said county, a trespassing stray, a FAY MARE; appears to be about 5 years old, 13 and 12 hands high, an ironed with the letter R on the near shoulder.
Given under my hand the day and year above written. S. N. SMALLWOOD.
THE owner of the above Mare is desired to come, prove property, pay charges and take her away. WILLIAM SCOTT. City of Washington, Nov. 16—3t
THE Subscriber has SEVEN Young Negro Follows to Hire the ensuing year—they are all active and healthy; one of them a Carpenter and Shoemaker, another a Blacksmith. For terms apply to
GEORGE B. BERR, near Chaplico, St. Mary's Cy. November 16—3
NEW POLITICAL PAPER.
"WE KLY REGISTER OF POLITICS AND NEWS."
THE gentlemen of Congress, and others, who are inclined to patronize this work, are respectfully informed that a subscription paper is lodged in the hands of P. Magruder, Esq. clerk to the House of Representatives. Mr. Mather (of the Senate) will receive the names of gentlemen of that body, who may be disposed to patronize the Register, &c.
J. B. COLVIN. November 13.
TWO DOLLARS REWARD. STRAYED from the Commons of the city of Washington on Thursday night last, a RED COW with a white belly, and a little white at the end of her horns sawed off with two inches of head. Whoever takes up said cow and delivers her to me near the Jail, shall, if taken in the city receive one dollar, and if taken out of the city the above reward.
CATHARINE LARDNER. November 13—
A NEGRO MAN, A very good Laborer, to hire by the year. Enquire of the Printer. October 7—w4