The enquirer (Richmond, Va.), 1809-02-10 00:00:00

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CONGRESS.
HOUSE OF REPRESENTATIVES.
JANUARY 30.
Debate on raising the Embargo, and authorizing Letters of Marque and Reprisal - Continued.
Mr. Nicholas moved to fill the blank in the substitute with the first day of June; Mr. Millnor named the fourth day of March; and Mr. D. R. Williams named the 15th day of February.
Mr. Randolph moved to strike out the words "the day of" for the purpose of inserting "forthwith." - Motion to strike out lost, by a considerable majority.
The question recurring on filling the blank with the first day of June.
Mr. Randolph, as the gentleman, the mover of the resolution (Mr. Nicholas) was not present when he had given the reasons why he thought, if the embargo was to be repealed, it should be removed immediately, repeated them. He wished our own citizens to reap some advantage from an early repeal. Or were we, he asked, by a singular fatality in all our measures only to injure ourselves, and benefit our adversaries and the most dishonest part of our own community?
Mr. Dana was opposed to a continuance of the embargo till the first of June. Since it had been generally understood through the country, that the embargo was to be further continued, many capitalists had forestalled the markets, so as to secure to themselves a monopoly of the foreign articles of the greatest necessity, thereby to command an excessive profit at the expense of the distressed part of the community. As respected Mr. Dana, he said, that he had not a wish that the duration of the embargo should be protracted, that they might realize their gains and make poor men their prey; and if there were any description of our citizens whom he could wish to be injured by a removal of the embargo, these would certainly be the persons. There was another reason why he did not wish the embargo to continue so long. However important it was, that the general authority of the government should be maintained, as respected these states, was it not known that the reins of government, from their extreme tension, were falling in the hands of the administration? Were not their acts placed at defiance, especially since the passage of the last act for enforcing the embargo? Look at the whole northern frontier, said he; recollect the facility of transportation on the ice and snow. Recollect with what facility, in this season, the produce and lumber, &c. will pass from Vermont, into the British Provinces. As respected the whale of that frontier, Mr. Dana said, it would be in vain to attempt to enforce the embargo laws. The whale was already broken down which retained our produce; and it was to be feared that the whole would soon be swept away.
The question which now offered itself to the consideration of the House, was this, and it was requisite that it should be decided promptly - whether, if the acts of government were set at defiance, the authority of the government should be sustained or not. If the acts of the government were placed at defiance, he said, Congress had but to decide instantly to enforce them by arms, or to abolish them. Did they mean to hesitate between advancing and retiring? If you mean to retire, (said he) do it whilst you can - whilst it will seem to be an attention to the wishes and sufferings of the community, instead of giving to those who set your laws at defiance, the signal of your defeat and the evidence of their triumph. Mr. Dana asked, if gentlemen had estimated what would take place between this day and the first day of June? Did they conceive the force that it would be necessary to employ to enforce the laws? Before they decided that point, it would be well to pause. Did gentlemen recollect how much danger menaced the sentiment of attachment to their country, when foreign indulgencies (as the liberty of trading derived from the contiguity of the British provinces) are given to the citizens of any portion of a country which refuses to allow them those privileges? - Need I remind gentlemen, asked Mr. D. of a circumstance illustrative of my idea? When the navigation of the Mississippi was at the command of the Spaniards, before the treaty of San Lorenzo was carried into effect, recollect the opportunity which that state of things gave to the agents of the Spanish government, for making attempts to detach the western states from the Union. However they succeeded, I do not undertake to say; but the fact is well known, that some men of considerable distinction were so far drawn aside from their attachment to the Union, as to give countenance to the intrigue; and the fact having come to light, the public authority of one of the states, (Kentucky) have undertaken the examination and investigation of the subject. I speak of this not as a reproach, but as an illustration of the temptation which is offered to a portion of the people, having an outlet through a river in the possession of a foreign power, which is denied them by their own government. I will not pursue the subject, for it is unpleasant to dwell on subjects which may even tend to jeopardize the Union. But I deem it useless to rely on the patriotism of the people, when the government forgets the cement of patriotism. What is country? That portion of the globe where we have friends, freedom and protection. It is the reciprocation of good offices, which is the cement of private friendship. It is the
reciprocation of protection and support between the government and individual, a reciprocation of benefits, which is the cement of allegiance. But, sir, when the power of the government is exerted merely to check the ordinary industry of the community, when the people feel the power of their government in being blockaded in part by it, instead of being protected against blockade by an enemy, what must be their feeling? Patriotism is too precious a feeling to make many experiments upon it. - Really, sir, I should not wish to know, in relation to many of my fellow-citizens, what would be the extreme point to which their patriotism could be stretched. There appears to be reason to apprehend, that the reins of government are already falling in the hands of the administration. I should therefore wish my countrymen to be no longer exposed to being alienated from their government, and that the government should not be placed in a situation to have its acts set at defiance.
Mr. Troup observed, that he did not see the propriety or expediency of fixing on a day beyond the adjournment of the present Congress, on which this change of measures should take place. What would be the effect of it? It could be considered in no other point of view than as a declaration of war, to be binding on the next Congress. The mere declaration could it be considered as adding coercion to our measures; for whatever honor foreign nations might possess (and he believed they possessed little indeed of that) they certainly did possess courage, and were not to be frightened into an accommodation with us by such a threat. But the measure was not obligatory and binding on the next congress, even admitting that it should be composed of the identical individuals who compose the present congress. There was no authority in the constitution by which we could bind them, unless indeed this declaration involved a matter of contract - And to be sure, he said, it might be considered in some sort a matter of contract; a political contract of a singular quality; a contract between this present government and an unruly faction in New England, which threatened opposition to the laws, and was breaking out into rebellion. Yes, sir, said Mr. Troup, you come out with a solemn measure, and tell them if they will forbear to rebel till the first day of June next, you will agree to issue letters of marque. It is an invasion even of the powers of the next congress, supposing it to be composed of the same men as constitute the present congress, to bind them to declare war, not under the circumstances then existing, but under those that existed at the time you were pleased to enter into this declaration. But not only will this measure not be obligatory, but it is very possible, that the next Congress may be as different in its composition from the present as the present congress is from the Junta of Spain, or the British parliament. In every point of view therefore, Mr. Troup said, he conceived it a futile proposition.
Mr. Millnor was opposed to postponing the repeal of the embargo till the first day of June; for which he assigned the same reasons which he gave before for proposing the 4th day of March. If it was so extremely oppressive as to excite discontent and rebellion, its extremely unfavorable effects to ourselves would be a sufficient reason for its repeal. Mr. M. said, that although he would fix a day for the repeal of the embargo, he could not carry his civility to the belligerents so far as to give them notice on what day we would commence war against them. - Were we in such a situation that we could instantly bid defiance to Great Britain? - When war commences, said he, it will be proper to consider whether it be politic, proper and necessary? If it be politic and the nation cannot continue out of it without a sacrifice of its honor, then let us have it, and not take it in this manner, declaring to the belligerents, that if they do not come forward on a certain day we will commence hostilities against them. The next congress will be better able to decide what will be proper on the first day of June than we can now do; and if we are not instantly to go to war, it will be decorous, wise and right in us to let the question rest till the next Congress come here in the end of May, and leave the responsibility with them.
Mr. D. R. Williams said, if ever a man's mind was embarrassed on a topic on which he had to legislate, he confessed that his was. He saw a measure and a system which he thought susceptible of the clearest demonstration to be more warlike than war itself, a system which preserved this nation in peace and happiness, about to be abandoned, and for the causes which had been assigned. When the late intelligence had reached him from the north-east, he said it had borne a character most distressful to every man who valued the integrity of the government. It appeared to him to be of such a character as not to leave a doubt as to what course should be pursued. There could be but two courses, either to extend the strong arm of the government, or to abandon the law. Under that impression (said Mr. W.) choosing not to enforce the law with the bayonet, I thought it proper to acknowledge to the House that I was ready to abandon the embargo. I did talk about insurgency and rebellion too, sir; and the reproach which I received from the gentleman from Kentucky (Mr. Rowan) was correct; that the best way to drive people into rebellion is to accuse them of it. Perhaps, sir, I have to apologize to the gentleman from Virginia (Mr. Nicholas) for calling up this subject, when the resolution was proposed by him, and I was not disposed to call it up. - I applied to him to call it up, and understood that it would be disagreeable to him on account of his individual position. But I felt myself obliged to call it up, and not to permit such a proposition to lie upon the table beyond the moment when I could get to act on it. Like the gentleman from Pennsylvania and Georgia, I am disposed that we should not for ourselves and not for the next congress. To me, sir, the embargo always appeared a blessing to this country. True, it has always operated to prevent us from making money, but that was all that was injurious in its operation; and sir, I was so much of a fool, had so little knowledge of human nature as to believe that there was patriotism enough, love of country enough, and
pride enough in the nation, to induce its freemen to be willing to abstain from making money, for the good of the nation. I have been egregiously mistaken, sir, I thought I was legislating for freemen who valued their rights; that whilst they were the only people in the world trusted with arms to defend themselves, they would have scorned to take money for the prostitution of their country. I did not think there was a man in the nation who would act the part of a pimp to his mother. It has been so, however; and dreadful, cruel must be the torments of those who have been necessary to it.
[Mr. Williams here went at considerable length into an examination of the arguments of Mr. Patkin on Saturday last in reply to a former speech of Mr. W. on the subject of the embargo.]
We have but small choice of courses to pursue, said Mr. Williams. One course is to admit foreign vessels into our ports as long as the embargo continues. Now, though I do believe that we should be perfectly justifiable in enforcing the embargo and suffering foreign vessels to come and take away our produce, as a punishment to a certain class of men in the country for their treasonable conduct; yet, sir, legislating for a whole nation, not for any particular class, I cannot consent to that.
Another course is that recommended by a gentleman from New York, (Mr. Gardener) to go back and undo all you have done. Will you tread back your steps and go back with him to Jay's treaty? I have no hesitation in saying that if we were even placed in the situation in which we then were, I would not accept of it. That treaty carried a feature in it which ought to have damned it at the first view. It took property from one portion of the community to pay for advantages to the other. Yes, sir, it did. You know that a solemn stipulation was made in a treaty of peace, to pay us for the property which they had stolen from us; and you and the House know it was treated away to secure commercial advantages; and yet thank God, the southern states did not rise in rebellion against it.
We must select either a continuance of the embargo or war, sir. If ever there were a number of men in this world who had the destinies of a nation in their grasp, the oppositionists to the embargo have that high power. There cannot be a doubt, if excitement had not been made, or if after it was made it had been allayed by those who excited a disagreeable sensation in the breast of any man; for I have said enough on this head heretofore - if they would now attempt to allay the fervor instead of increasing it, that it would be put down; and if put down, there cannot be a doubt but we should be preserved in peace, and gain stipulations of peace honorable to our country. For God's sake, let me conjure gentlemen not to forget that we have a country. If they repeal the embargo they must support war, because their character - yes, sir, their character as men loving their country is at stake. Will you drive us to a repeal of the embargo, and make no resistance? Are you ready to sit down quietly under the impositions laid upon you? You have driven us from the embargo. The excitements in the east render it necessary that we should enforce the embargo with the bayonet or repeal it. I will repeal it - and I could weep over it more than over a lost child. If you do not resist, you are no longer a nation - you dare not call yourself so - you are the meanest vassals conceivable. Sir, if gentlemen will not support us in a war, and I give fair notice that if we take off the embargo I am for war - they must support it, or they will sink the character of the nation. If they will support neither war or embargo, if they destroy the effect of both, I ask you, sir, does not the prostitution of the character of the country lie at their doors? If they mean submission, I will thank them to say so. It some how or other happens that republicans are thought to be friendly to France, and federalists to Great Britain. I believe neither imputation to be correct to the extent to which it is carried. But it is a fact that the British ear is open to that side of the question sooner than to us. Now, Sir, I appeal to the minority, who hold the destinies of the nation in their grasp, for they can enforce the embargo without the bayonet - I beg them, if they will not declare war, that they will do the best they can for their country. If avarice has so seized on our hearts, as to take away wholly the love of country, (and assuredly it has if we submit) for God's sake let me entreat gentlemen to make the best terms they can for us - to secure the kind protection of the British government for us - to procure us the miserable boon that the tax on us may be collected here without compelling us to go to Britain to pay it. Sir, the blood which runs through my veins, tells me I was not born to be a British subject; it tells me that the opposition to us must have sucked the same milk - that we are of the same family. Then let us with one heart and hand take hold of war. But, says the gentleman from Connecticut, (Mr. Tallmadge) what will you gain by it? It is not money, Sir, I want. You lose money by a war; but you gain your rights; you gain the chance of dying honorably in your country's defence instead of submitting, without resistance, and that will be a consolation to thousands, and that your country is to be disgraced. Yes, sir, solemn as the reflection is, if we take off the embargo I am for war, and I hope the whole House will be for it. It is true that it brings along with it miseries without number. - You will see fear, despair, and all the family of distresses, driving ruthlessly over the country. But it will be infinitely less of suffering to die in defence of the country than to live in bondage. I will not submit I will plunge into the gulf, and I hope every man will follow me, when we have lost our mantle of peace, the embargo.
Mr. Dana thought it proper - if gentlemen talked of dying for their country, that they should die usefully; for really the mere dying could be of no service whatever to the country. He said, he was not disposed at this time to go into a discussion of the embargo subject generally, but he would state one general position, viz. that one existing policy is a novelty in the history of
human society. From the earliest period of time, Mr. Dana said, there were nations which the system ever did or ever could produce the events which gentlemen supposed. When then this was an utter novelty on earth, when gentlemen proposed a course never known to savage or civilized life, were they not bound specifically to state facts incontestable in support of it? And what, (said Mr. Dana) have they done? - Avowed a general broad political faith and wholesale predictions, that it will produce an effect, in defiance of all experience - And am I bound to say, when gentlemen come forward thus, that the plan will succeed? The thing is against you, sir. No ardor of patriotism, intrepidity of courage, or excess of devotion could make it effectual. He said, that the contest was so unequal in the nature of things, that the United States could not succeed in it. Nothing but super-human aid could make it succeed. When gentlemen came to examine into facts, it would be found that they omitted to examine the bearing of the thing in general or in detail. When had any other of the government, or any member of either house of Congress, undertaken to give a view of the relative dependence of the countries of the world upon each other. As far as commerce is essential to the existence of Great Britain, (said Mr. D.) even now she has the whole world before her. As far as commerce is essential to our existence, the whole world is sent to us, by the embargo. Even say that Britain loses one-fourth of her revenue, we lose the whole of ours. They lose a part, but a moderate part indeed of their commerce, whilst we lose the whole. The embargo cannot succeed in the nature of things, and I am not astonished that you do not find it on any of the diplomatic correspondence, stated as a measure of coercion, because it would be no easy matter to prove it to be so. What are you to operate on foreign governments by this measure? - Famine and insurrection are to be your chosen troops, your auxiliaries to overturn their systems. You assail them by famine, which is to call up insurrection. This is, I think, the language of the advocates of the embargo. And can I wonder that it is never spoken of in our official diplomatic correspondence, as a measure of hostility? Mr. Dana said, it was unfortunate that the embargo had ever been laid, and peculiarly unfortunate that it had been continued. Did not gentlemen already say, that a faction, a miserable faction, put the government at defiance? Were the reins of government held by such trembling hands? If rebellion exists, said he, do you hesitate a moment to give orders to your battalions to march and cut it down? If you will do this at once repeal the statutes which gives offence. [Mr. Basset asked to whom they gave offence?] I am speaking of the obnoxious statutes which are put at defiance, said Mr. Dana - For what possible use can they be longer continued?
Mr. D. said, he had thought that the days of ancient chivalry had scarcely returned yet. Time had been when the champions of old had been accustomed to have fetes and tournaments, and six days of battle for each other, sometimes an hundred on each side. This was a species of private warfare, a splendid display of personal courage. But to talk of one nation giving a day to another to meet it in battle was a thing which, he said, he had not expected to see in these days. Did gentlemen expect, after G. Britain and France had been wading through blood for years past, that they would be awed into a compliance with our wishes? - With whomsoever we fought, Mr. Dana said, we should find no contemptible foe. The bravest of our troops might say, when they had been victorious, that it was an honor to be victorious over such men as these. This belligerent hypothesis, (said Mr. D.) this contingent declaration of war, this verbal fighting, without actual preparation, will produce little effect. Foreign nations cannot then concede what we demand, without appearing to deprecate our anger; and they will scarcely do that. But the question is not now, which nation is wrong, Great Britain or France, but what will be the most serviceable to my country. The motion under consideration does not seem to promise any beneficial effect, and therefore, I shall vote against it.
Mr. Randolph said, that this was certainly a question of no ordinary magnitude; and he had understood, from the most direct source of information, that the gentleman, (Mr. Nicholas) who had brought forward this motion, was extremely indisposed. He could wish for one to hear what the gentleman had to say in support of his motion, and with that view moved that the committee now rise - Carried.
TUESDAY, January 31.
The House again in committee of the whole - Mr. Mason in the chair, on Mr. Nicholas's resolution; and the question pending, being on a motion to insert in the blank, the first day of June.
Mr. Key hoped, the blank in the resolution would not be filled, with the first day of June next, because the circumstances of the country required the embargo to be earlier repealed; or such measures to be taken as would enforce its due execution. Before the first day of June arrives, (said he) on which it is proposed to remove the embargo, four months would intervene, during which time, if the same opposition to the east which existed now, should still prevail, the country would be in a very extraordinary situation. If we continue the law, I shall be among those who would rigidly enforce it, for I have no idea of being dictated to by any section of the Union; but, as I believe, from the accounts which are received, that we cannot enforce it without a measure much worse in its effects, than the consequences which might be supposed to result from taking it off earlier. I should therefore be in favor of the earliest day possible. We ought not to resort to an exertion of the authority of this nation for four months, nor to continue the measure so long as to excite that sentiment which will certainly follow the enforcement of the measure, except some great advantage be expected from it, if continued for that time. There was another reason, why, he said, an earlier day should be fixed. If the House should not think
proper to take off the embargo during this session, a new representation would have met here nine days previous to the day mentioned. The present Congress ought to leave the next Congress free to act, with more information than this Congress could possess, because they would have it in their power to avail themselves of the intermediate information. As to that part of the proposition which related to the repeal of the embargo, therefore, the day proposed was too distant. As to the remainder of the proposition, which he presumed was to be taken in continuity with the former, it was still worse. It was giving notice to the belligerents of a disposition within a particular period, to do what it is not in our power to perform; because, the functions of this House ceasing before that period, the right of determining the course to be pursued, depended on the decision of the new representation. It was impossible, he said, to anticipate the line of conduct which would then be pursued. If the embargo be not removed before the close of the present session, he hoped at least, that the blank would be filled with the day anterior to the next meeting of Congress. He called upon gentlemen to know whether they would keep it on without enforcing it; and he asked, whether an enforcement of it for four months was worth the advantages which gentlemen supposed its continuance would afford? He hoped that the blank would not be filled as proposed.
Mr. Durrell hoped that the blank would not be filled with the first day of June. If the measure of embargo was to be changed for another, he said, he saw no reason why the change should be procrastinated. He hoped it would take place at so early a period as would give an equal chance to all the ports in the country. We have heard much (said he) on this floor in relation to the opposition in a certain section of the Union to the embargo laws. I think many observations have been made on the floor, in relation to the supposed opposition to the embargo laws, which cannot be justified by facts. I have been utterly astonished at a declaration in a news-paper (the Monitor) of this morning, viz. "The majority of the members of the Eastern delegation in Congress have openly asserted, that no laws passed by the general government will be deemed obligatory by their constituents, if they should interfere with their local pursuits and advantages. They publicly consider the embargo law as a dead letter." &c. Now, sir, I wholly and utterly disavow such an opinion; and I think that a printer in the District of Columbia, should not be permitted to make such statements when unwarranted by facts. The majority of the New-England delegation have not stated on this floor, that no laws passed by the general government will be obligatory if conflicting with their local advantages. It is a scandalous libel on that majority. By letters, I learn, that the late supplementary embargo law is not generally approved; that some few have gone so far as to pronounce it unconstitutional. But that the majority of the people possess the sentiment ascribed to them in this paper, is wholly false and untrue. Declarations of this sort have a pernicious effect on the community. As respects the state, which I in part represent, (New-Hampshire) there is no opposition to the embargo laws. Not a petition has been presented to either branch of the national Legislature, for the repeal of those laws, or expressing any sentiment in relation to them, although they suffer as much as their neighbors in Massachusetts. The people (the republicans at least) are, if I know any thing of their sentiments, perfectly satisfied, with the law; they have gone with the government from first to last. It is justifiable then, sir, that a printer in the District of Columbia should say, that the people of New-England will oppose your laws? It is unjustifiable and abominable. (Debate to be continued.)
SATURDAY, Feb. 4.
A report was received from the Secretary of State designating the registered seamen who are naturalised citizens, &c. in conformity with a resolution offered by Mr. Dana - Ordered to be printed.
Mr. Sawyer offered a resolution instructing the committee of Commerce and Manufactures to enquire whether any and if any what additional compensation ought to be allowed to the Collector of the port of Edenton - Agreed to.
Mr. Holmes reported a bill for the relief of John M. Snowden - twice read and referred.
Mr. Livermore presented 2 petitions from Massachusetts praying for a repeal of the embargo laws - Referred to the committee, of the whole on Mr. Nicholas's resolution.
PRESIDENTIAL ELECTION.
The house took up the resolution of the Senate for appointing a joint committee to regulate the mode of counting the votes for President and Vice president and to notify the persons having the highest number of votes of their election - Agreed to and a committee of five appointed on the part of this House.
RELIGIOUS SOCIETIES.
A bill from the senate for the incorporation of religious societies in the district of Columbia having been read, Mr. W. Alston moved to reject it. The motion was supported by Mr. Alston and Mr. Rhea (T) on the ground that it bore the appearance of commencing an established religion in this country, which was repugnant to the principles of the constitution; and that the state should not intermeddle with the church; the two, church and state, being wholly distinct. The motion was opposed by Messrs. Dandridge, Van Horn, Dana, Talmadge, Gardener and Mason, for the reason that the House had heretofore incorporated turnpike and library companies, and it was said that the House would not show so much disrespect to religion as to reject it on its first appearance in the House; and that even were the bill not so perfect, it might be amended before it was passed; that it was district of Columbia to consider the bill, for their petitions were too much disregarded. Mr. Alston finally withdrew his motion, and the bill was read a second time and ordered to be read a third time.

SINKING FUND.
A report was received from the commissioners of the Sinking Fund on the subject of the disbursements of the public debt for the last year—Ordered to be printed.
DELAWARE CANAL.
A bill was received from the Senate for authorising the grant of a certain quantity of land to the Chesapeake and Delaware Company.—Twice read and referred to a committee of the whole.
REPEAL OF THE EMBARGO, &c.
The House again resolved itself into a committee of the whole on Mr. Nicholas's resolution.
The question pending on Mr. Randolph's motion to amend it—
Messrs. Key and Milnor supported it—And Mr. D. R. Williams opposed it.
And the committee rose without deciding the question and obtained leave to sit again.
On a motion for the committee to rise, the question not having been taken, Mr. Gardner rose to commence his observations. After proceeding for a short time, the question of order was enquired from the chair, to wit: whether it was in order to commence a speech on the main question. The chairman declared that he should call the gentleman to a strict adherence to the motion for the committee to rise.
Mr. Gardner said he was proceeding to show why they should not rise. Ultimately, finding his ideas were likely to extend beyond the strict point of order, he sat down.
The committee rose, and on the question for leave to sit again, there being 76 in the affirmative, leave was given.
Just before the house adjourned, Mr. Duvall offered the following resolutions:
Resolved , That the United States will consider any capture and condemnation of merchant vessels of the United States, owned wholly by a citizen or citizens thereof, engaged in lawful commerce, by an armed vessel sailing under a belligerent flag, and acting by and under authority of orders, decrees or edicts, violating the lawful commerce or neutral rights of the United States as a declaration of war on the part of that government to which said belligerent flag shall belong; and in whose courts such condemnations shall be had.
Resolved , That the President of the U. States on being satisfactorily informed of such capture and condemnation as aforesaid be requested, forthwith, to recall from such belligerent state, by and under whose authority such capture and condemnation shall be made, such resident minister or ministers of the United States, as may reside at the government thereof.
Ordered to lie on the table. At 4 o'clock the house adjourned.
MONDAY, Feb. 6. 1808.
Mr. Mumford presented a petition from Edward Patton, butcher, praying an additional compensation for services rendered during the revolutionary war. Referred.
Mr. Gardner, presented a petition from the inhabitants of Packerfield, N. H. praying the repeal of the embargo laws. Referred to the committee on that subject.
Mr. Morrow moved that the committee on public lands be instructed to enquire into the expediency of making further provision for compensation to the board of commissioners, clerks, &c. for adjusting claims to land in Louisiana. Carried.
Mr. Van Allen presented a petition of Eleanor Spencer, which was referred to the committee of the whole on unsatisfied claims.
Some petitions from Massachusetts on the election of President, &c. were referred.
Mr. Burwell presented a memorial of Samuel Brise and others, commissioners appointed to receive subscriptions for building a bridge across the Susquehannah, which was ordered to lie on the table.
On motion of Mr. Bacon, Resolved , that the clerk do carry to the senate the several memorials of the state of Massachusetts, remonstrating against the mode of choosing electors for President and Vice-President, (which has been proceeded to on the part of the senate and house of Representatives of said state) as irregular and unconstitutional; and praying the interference of the senate and house of Representatives of the U. S. for the purposes of preventing so dangerous a precedent.
Mr. Barker presented the petition of Henry Warner, (a collector.) Referred to the committee of Commerce and Manufactures.
Mr. J. Morrow moved that the memorial of Whittmore Kraggs be referred to the committee on public lands. Carried.
Mr. Catto presented several petitions from N. Hampshire respecting the embargo law, which were referred.
The house then resolved into committee of the whole on the subject of the several resolutions, for arming vessels, &c.
Mr. Jackson occupied the floor for about three hours and a half, principally in reply to Mr. Van Dyke.
After which the committee rose, and the house adjourned at about 4 o'clock.
SENATE OF THE U. STATES.
FRIDAY, Feb. 3.
The bill, authorising the sale and grant of a certain quantity of public land to the Chesapeake and Delaware Canal Company, was passed.
This bill authorises the taking 2000 shares, each valued at 200 dollars, to be paid for in lands valued at the usual rate at which they are disposed of by the United States.
Mr. Pohe gave notice that he should on Monday move for leave to bring in a bill authorising the sale and grant of a certain quantity of public land to the Ohio Canal Company.
Mr. Anderson gave notice that he should on Monday next ask leave to bring in a bill to authorise the making of a Turnpike Road from Mason's Causeway to Alexandria.
On motion of Mr. S. Smith—
Resolved , That a committee be appointed to join such committee as may be appointed by the House of Representatives to ascertain and report a mode of examining the votes for President and Vice President, and of notifying the persons elected of their election, and for regulating the time, place, and manner of administering the oath of office to the President.
Messrs. S. Smith and Gaillard were appointed the committee.
Adjourned to Monday.
CASH given for STOCK of the United States, and CERTIFICATES of the State of Virginia, by ROBERT POLLARD. February 10.
DOMESTIC.
The following is the FEDERAL account of their meeting, held in Philadelphia, on the same day, with the Republican meeting and resolutions, noticed in our last.
A numerous body of citizens of the City and county of Philadelphia, assembled in the state house yard, in consequence of the call upon them to express their disapprobation of the embargo, and of the "Enforcing Act."
Commodore THOMAS TRUITON, was unanimously called to the chair, and Geo. Clymer Esq., appointed Secretary.
The following resolutions were proposed to the meeting and adopted.
Whereas it is the constitutional right of the people, peaceably to assemble together for the common good, and freely and unequivocally to offer their advice, and express their opinions with regard to the measures of government. And whereas in the opinion of this meeting, the U. States are now placed in a most critical and calamitous condition, in which national independence is endangered from abroad, and union and liberty are menaced at home, in which commerce is suspended, many of the usual pursuits of industry impeded, and the people thrown from high prosperity into great distress and privation.
In order, therefore, to make known our sentiments to our rulers and our country,
Resolved , That the union of the states formed by the wisdom which planned, and consecrated by the sacrifices of those who achieved our independence, is endeared to us by every affection and remembrance which is gratifying to us as men, and by every interest and duty which we hold sacred as citizens: and that viewing it as the main pillar of national independence, individual happiness, and public security, we will steadily support it against all attacks, whatever may be the errors of the administration, and however severe the pressure which these errors may have occasioned.
Resolved , That we view with deep and unaffected concern the artifices and publications which are daily used and resorted to, in order to disseminate unfounded suspicions and alarms, and to encourage the belief, that there is among those opposed to any of the measures of the present administration a spirit of disaffection to the union and independence of these states. In the opinion of this meeting all such publications and artifices, particularly, when sanctioned by men of high station and authority, have a direct and necessary tendency to increase the reliance of foreign nations in our internal divisions; to embitter the animosities of party, and by spreading the influence of terror and hatred, to disable the citizens from making a just and constitutional opposition to the unwise and destructive measures of government.
Resolved , That we deem a longer continuance of the laws imposing the embargo as unjust, oppressive and impolitic. In our opinion, experience fully demonstrates, that the embargo, as a measure of coercion, is weak, inefficient and useless; and while a great and profitable trade may be carried on, notwithstanding the orders and decrees of the belligerent powers of Europe, it is dishonorable to abandon rights to the ocean, which form an essential part of our national character and independence.
Resolved , That we consider the act of congress commonly called "the Enforcing law" to be a direct invasion of the established principles of civil liberty, and of the express provisions of the constitution; as arbitrary and severe to a degree unnecessary, even to accomplish the objects for which the law is professed to have been enacted; as creating an enormous and dangerous augmentation of executive influence and power, and as unnecessarily exposing the citizens to the miseries of civil discord, and military execution. That the ninth section of the act which authorises a ministerial officer, without process of law, to seize goods at his discretion under a pretence that there is reason to believe they are intended for exportation, or apparently on the way to the territories of a foreign power, is in our opinion a breach of the fourth article of the amendments to the constitution, which provides that the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated; and of the fifth article of the amendments which declares, that no man "shall be deprived of life, liberty or property, but by due process of law."—That the ninth section is contrary to the true spirit of the constitution, inasmuch as it vests in the president a legislative authority, by giving to his instructions, in certain cases, the force of law. And that the 11th section of the act violates a political and civil right, more sacred than any constitution, in authorising the military to fire upon the people, without the sanction or interposition of the civil authority. The principle contained in this section, if much further extended, might with competent force, convert our government into an absolute despotism.
Resolved , That we are coolly and inflexibly determined to support the rights and liberties which have been bequeathed to us by our ancestors, or acquired by our own exertions, and that in maintaining this determination, we shall neither be shaken by the menaces of faction, nor influenced by the authority of power. But it is our earnest advice to our fellow citizens every where, to avoid and discourage violations of the embargo laws. While the elective franchise remains pure and unimpaired, there must finally be a remedy for every grievance—and if, before this remedy can be applied, military force should be resorted to, the laws and independent tribunals of our country may yet afford redress.
Resolved , That a committee be appointed to draft a memorial to Congress, in conformity with the foregoing resolutions, to obtain the signature of our fellow citizens thereto, and to transmit the same to Congress.
THOMAS TRUITON, Chairman.
NORFOLK, February 2.
PUBLIC DINNER.
On Tuesday last an elegant entertainment was given at the Exchange Coffee House, by the Patriotic Citizens of this Borough, to our respected Commander in Chief, and the Officers of the Army and Navy of the United States, accompanied by cannon and music, and every demonstration of confidence and joy.
The festive meeting and the cordial farewell given to our brave defenders, was uninterrupted by any of those frantic excesses of inebriate forgetfulness, that public dinners often give rise to; the entertainment began with serenity and cheerfulness, and ended with cordiality and harmless mirth, and one general observation struck the minds of
the Citizens, that Government were sending some of our tallest and finest youths to the frontiers, as a sample of the interior.
The Mayor acted as President, and Col. Smith as Vice-President. The following toasts were given.
1st. Our illustrious President, THOMAS JEFFERSON, whose Presidential virtues have secured to him the affection and confidence of his fellow citizens. 3 guns.
2nd. JAMES MADISON, the President-elect; may his well tried talents & patriotic exertions afford to our country, the blessings of peace & prosperity. 1 gun.
3rd. The Government & Constitution of the U. S. May their principles, as far as they are compatible with the spirit of '76, be handed down unimpaired to the latest posterity. 1 gun.
4th. The memory of General WASHINGTON; May his meritorious and patriotic services, be remembered and justly appreciated by a grateful country. 3 guns.
5th. The Heads of Department. May their conduct, as heretofore, be marked with virtue and splendid talents. 1 gun.
6th. The Army & Navy of the U. S.—They will, like the Patriots of the Revolution, defend their country against foreign & domestic enemies. 3 guns.
7th. The rightful Commerce of the U. S. as it is founded in justice, may it be perpetuated in honor. 1 gun.
8th. May the Government of Europe be emancipated in relation to themselves, and may they be forced to retribute justice to our much injured and insulted country. 1 gun.
9th. A virtuous submission to the laws of our country, and may they never be opposed but in a constitutional and peaceable way. 3 guns.
10th. May every insidious and unprincipled attempt of a foreign minister or government, to reduce the citizens of our country, and to divide them from the government of their choice, meet the execration which it justly merits. 3 guns.
11th. The spirit of reconciliation. May it be cherished and disseminated in our public councils, as well as in the private intercourse of our fellow citizens. 2 guns.
12th. If justice and impartiality will not secure to us from the European world, an adjustment of our existing differences upon honorable terms, we are prepared to meet the gathering storm, with the heroism that belongs to freemen. 3 guns.
13th. Domestic Manufactures; May their rapid increase shew to the world, that we possess the means of providing for our own wants. 1 gun.
14th. Our Foreign Ministers; May they never forget that they have a country, and that they have the honor to represent the interests of freemen. 1 gun.
15th. The New-England States; May all jealousy be dissipated between them and the Southern States, & may they live with each other in acts of confidence and friendship. 3 guns.
16th. May all traitors to the independence and happiness of the U. States be exalted by an hempen cord. 3 guns.
17th. THE AMERICAN FAIR. May their patriotism induce them to submit with cheerfulness to the petty privations incident to the present situation of their country, and may they reward by their smiles, the patriotic exertions of the other sex. 3 guns.
VOLUNTEERS.
JAMES WILKINSON, the patriotic Commander in Chief of the Armies of the U. S. May the brilliancy of his achievements be such, as to secure to him the confidence and support of his present enemies.
By Gen. Wilkinson; THE NEW WORLD self-governed and independent of the Old.
By the Mayor; THOMAS NEWTON, our worthy Representative in Congress.
By Col. Smith A glorious War, or a speedy adjustment of our differences with England and France on honorable terms.
By Mr. Armistead; THE PATRIOTS of the PLOUGH.
By Major Nestell; The memory of Montgomery, and the brave heroes of '75, who fell at the storming of Quebec. 7 guns.
It was regretted that the subscription could not be made more general for want of accommodation—and, as it was, room could not be had for 18 or 20 persons who sat at side-tables.
Extract of a letter from the Havanna, dated January 8.
"At last it has been decided by this government, that this port shall remain open as formerly to neutrals. This measure has been violently opposed by a certain class of the inhabitants, who have endeavored to exclude neutrals, and even their ally from a participation of the trade of this country."
"The productions of Spain and England will, we have every reason to believe, be brought here now in abundance in vessels belonging to those nations, which will of course in a great measure deter neutrals from adventuring in any other than the articles of their own produce & manufactures or such as cannot be obtained with facility by England and Spain."
"Our market continues favorable for most articles of American produce; also those of France, and particularly of Russia and Germany."
"Sugar from 6 3/4 to 8 & 12 bits per C.—Coffee 13 dollars."—Dai. Adv.
"We are credibly informed, that Mr. Coles, the President's private secretary, is to go out to France in the Mentor & that Lieut. READ, of this city, goes to England in the Pacific. We do not believe that Mr. J. Q. Adams's visit to Washington has any relation to a Foreign Embassy.—Kelf's. Phil. Gaz."
ANNAPOLIS, February 4.
Arrived ship Anne, captain E. H. Russell, from Madras, after a passage of ten days.
The Anne has been absent nearly two years. Captain R. was detained 6 months by the Arabs, at Mocha, and after his release, not being able to procure a cargo here, was proceeding to Penang for information, when he was captured by the English frigates Fox and Caroline, and sent to Madras, and after a long delay, was tried and liberated.
The condemnation of the Anne would have been too flagrant a violation of every principle of the law of nations, or of equity, even for a British court of admiralty, but it would have been repugnant to their principles to have done complete justice. Capt. R. was obliged to pay the costs of suit, and even the store hire and the carting of the specie, which they took out on her arrival. While in their possession, the Anne lost 3 cables and anchors, one suit of sails, her
boat and bow sprit, and as much injury was done to her tackle and apparel, as was in their power, and which capt. R. was obliged to repair at his own expence.
Capt. R. has been imprisoned between the English and Arabs, nine months, and is at a loss to decide which nation is most entitled to pre-eminence in villainy.
Some passengers, capt. Newel and Mr. Cabot, late of the brig Creole, at Boston, which was condemned at Madras for having touched at the Isle of France, on her outward passage. Another instance of British rapacity.
Also Mr. Charles Foote, late second officer of the Creole.
January 20, lat. 23, 27, spoke the ship Holland, capt. Leaden, from New-York, out for New-Orleans, had carried away her cutter-water, two of her main shrouds, bowsprit found rotten and the jib boom sprung.
In long. 73, January 27th, spoke a sloop from Baltimore for N. Carolina—had been driven to the eastward by a gale of wind.
The brig Creole was bound to Boston, with a cargo of piece goods, having touched at the Isle of France and sold her outward cargo. She was taken possession of in the afternoon she was to have sailed by order of Captain Barton Pellegw, of the English frigate Phaon. Captain Newell was detained a close prisoner on board the Creole for fifty four days: after repeated applications was suffered to go on shore, but his request for sufficient for necessary expenses was, by sir Edward Pellegw with his characteristic brutality, insolently refused, and with many libellous reflections upon Americans in a style peculiar to the admiral in his intercourse with Americans who have the misfortune to fall in his power.
Mr. Cabot, a passenger from the Isle of France, who was returning to his friends and family in this country, after a long absence, was sent on shore to Coonamallee, a depot of prisoners of war, about fifteen miles from Madras, where he was detained five months from the 9th of May, the day of arrestation, until the 24th September.
The Creole's crew were turned on shore on the burning sand, without a shelter or the means of existence. It was even ordered by Captain Pellegw, (a worthy son of such a sire) to turn them naked on the beach, after wandering about several days, one of which they passed in prison, they found relief in the charity of capt. Edwards of the American brig Brutus, in which vessel, and the Egina of N. York, they have at last arrived.
The crew were treated in this inhuman manner, because they refused to enlist on board the frigate.
The foregoing is but a faint sketch of the unjustifiable and unexampled treatment towards the Creole, experienced from these unprincipled tyrants of the ocean.
Cockpit, Whitehall, London, Nov. 17.
Before the most noble and right hon. the Lords Commissioners of Appeals in Prize Causes:
The Snow George, Pettinger, master.—This American ship, with thirty slaves on board, on a voyage from St. Thomas's to Campeachy, was on the prosecution of such voyage, captured on the 16th of June, by his majesty's schooner of war, the Pitt, Lieutenant Fittan, commander, and carried to Jamaica, where the usual proceedings were instituted; and finally the ship and slaves were condemned as good and lawful prize to the captors. On the part of the captors it was contended that this was an illegal trade.
Their Lordships, after hearing the counsel on the other side, affirmed the sentence of the vice admiralty court.
Eugenia, Flemming, master. This vessel, under American colours, laden with a cargo of wine, brandy, oil and other merchandise, in the prosecution of her voyage from Bordeaux to New-York, was captured on the 6th of September, 1803, by his majesty's ship of war Cambrian, John P. Berestford, Esq. commander, in sight of his majesty's ship Cleopatra, John White, Esq. commander, and carried to Halifax.
It appeared in this case, that the ship and cargo were condemned in the vice admiralty court of Halifax, and the question now before their Lordships was, with respect to certain goods claimed on behalf of John Patrick and Nathaniel Lawrence, American citizens; and also for certain goods claimed on behalf of Messrs. Jumel and Desobry.
Their Lordships, after hearing the counsel on both sides, restored the goods belonging to John Patrick & Nathaniel Lawrence; & condemned the goods belonging to Messrs. Jumel and Desobry, with the costs of the Appeal.
FROM THE PARIS MONITEUR.
COPENHAGEN, Oct. 8.
Swindling—An article from Gottenh. contains a remarkable trait of swindling, which deserves to be made public, not on account of its great boldness and adroitness, but in order to put all merchants upon their guard against a similar occurrence. One of the best houses in Gottenh. received a letter from London, in which they were requested to instantly make the most diligent inquiries to discover a young Englishman, who had just fled from the house of a rich banker, and who they knew had embarked on board a ship freighted for Sweden. The description of the young man was given in this letter, & he was declared the author of a robbery to the amount of 12,000l. sterling, in bank notes. "If you should find him," said the letter, "as he belongs to a respectable family, confine yourself to the making him restore the plunder; and afterwards have the goodness to give him 300 guineas in gold, which will take him to the Indes, where nothing more will be heard of him." The Swedish merchant, to whom this letter was addressed, caused a thorough search to be made on all sides; at last, being one day upon the Exchange, he perceived a young man whose figure and dress perfectly answered the description. He addressed him, and seeing that he was an Englishman, invited him to follow him. The young man hesitated, reddened, turned pale, even shed tears; in a word, before he had arrived at the merchant's house, he confessed all. Arrived in his closet, he threw himself at his feet, begged of him not to be delivered up to justice, and gave him the 12,000l. sterling, which was still inclosed in a port-folio, with the seal of the banker. The Swedish merchant made many serious remonstrances to him, but according to his instructions, gave him the 300 guineas, and promised to procure him a favorable opportunity of going to Bengal. He made haste to inform the banker in London that his 12,000l. were recovered, who replied, that he did not understand what he meant. The Bank-Notes were all forged, but the 300 guineas, given to the sharper, were good.
Extract of a letter, dated Havanna, January 12, 1809.
"At this time, and for some time past, this government seizes and detains all vessels arriving in port from any port or place, with cargoes not having on board the usual or accustomed documents granted by the officers of the nation to
which the vessel belongs, for her safe conduct on the high seas; and is of the general opinion that such vessels are now in peril, as well as those which may hereafter arrive, under such disability, will be confiscated for the benefit of the state."—26.
EXTRACTS FROM THE JOURNAL OF THE HOUSE OF DELEGATES.
FRIDAY, Feb. 3.
A communication from the Senate by their clerk.
The Senate have passed the following bills, to wit:
A bill "To extend the remedy of the common-wealth to certain cases in chancery;" and,
A bill "Concerning special courts of appeals." They have also passed the bill, "Incorporating a company to establish a turnpike from Fredericksburg to Swift-run gap in the Blue-Ridge," with amendments, to which they request the concurrence of the House of Delegates.
The House proceeded to consider the amendments proposed by the Senate to the said bill, and the same being read, were in part agreed to by the House, when a motion was made to postpone the further consideration of the remaining amendments, to the 31st day of March next; and the question being put on the said motion for postponement, it passed in the affirmative.
An engrossed bill "Authorising James Stephenson to remove into this state a negro girl named Sarah," was read a third time; and passed.
The following resolution (which lay on the table) was taken up:
Resolved, as to the opinion of this committee, That the petition of Martin Mims, late keeper of the Penitentiary house; praying that he may be allowed the sum of sixteen hundred and four dollars, sixty two cents, for extra diet and services rendered to the sick prisoners, from the commencement of the institution, to the 20th of Jan. 1807, be rejected.
On motion, Ordered , the further consideration of the said resolution be postponed to the 31st day of March next, and that Mr. Mims have leave to withdraw his petition and documents.
The following resolution, which lay on the table, was taken up.
Resolved, That the Senators of this State in the Congress of the United States, be instructed and the representatives from this State be requested, to obtain the passage of a law extending relief (during the present embarrassment of our commercial affairs) to those against whom judgments have been or shall be obtained in the federal court.
A motion was made to amend the said resolution by striking out the whole of it from the word "Resolved," and inserting in the lieu of it the following:
"That our Senators in Congress be instructed, and that our representatives therein be requested, to use their endeavors to procure an amendment to the act passed at the first session of the first Congress of the United States (entitled "An act to establish the judicial courts of the United States") whereby the circuit and district courts of the United States, shall be subjected to and be regulated by the laws of the several states in which they shall be held, which are now in existence or may hereafter be enacted, regulating the issuing of process, the proceedings thereon, or the suspension thereof: Provided, the same shall not apply to process on behalf of the United States."
And the question being put on agreeing to the said amendment, it passed in the affirmative.
Ordered , That the clerk carry the said resolution to the Senate and desire their concurrence.
SATURDAY, Feb. 4.
A communication from the Senate by their clerk.
They have passed the following bills, to wit:
A bill "Concerning the service of warrants for small debts;" and,
A bill "To redress the width of certain streets on Shookee Hill in the city of Richmond."
They have also passed the bill "Exonerating William Trice from certain forfeitures and penalties therein mentioned;" and,
The bill "Providing for the redemption of certain lands forfeited by the non-payment of the taxes thereon," with amendments, to which they request the concurrence of the House of Delegates; and,
They have agreed to the resolution for soliciting the Federal government to make provision for the defence of the Eastern frontier of this state.

Mr Pope from the committee appointed to prepare an address to the President of the U. S. presented an address, which was read in the following words:
Sir—The Gen. Assembly of your native state cannot close their session without acknowledging your services in the office which you are just about to lay down, and bidding you a respectful and affectionate farewell. We have to thank you for the model of an administration, conducted on the purest principles of republicanism; for pomp and state laid aside; patronage discarded; internal taxes abolished; a host of superfluous officers disbanded; the monarchical maxim "that a national debt is a national blessing" renounced; and more than thirty three millions of our debt discharged; the native right to nearly one hundred millions of acres of our national domain extinguished; and without the guilt or calamities of conquest, a vast and fertile region added to our country, far more extensive than her original possessions, bringing along with it, the Mississippi and part of Orleans, the trade of the west to the Pacific ocean, and in the intrinsic value of the land itself, a source of permanent and almost inexhaustible revenue. These are points in your administration which the historian will not fail to seize, to expand and teach posterity to dwell upon with delight. Nor will he forget our peace with the civilized world, preserved through a season of uncommon difficulty and trial; the good will cultivated with the unfortunate aborigines of our country, and the civilization humanely extended among them; the lesson taught the inhabitants of the coast of Barbary, that we have the means of chastising their piratical encroachments, and awing them into justice; and that theme on which, above all others, the historic genius will hang with rapture, the liberty of speech and of the press, preserved inviolate, without which, genius and science are given to man in vain.
In the principles on which you have administered the government, we see only the continuation and maturity of the same virtues and abilities which drew upon you, in your youth, the sentiment of Dummer. From the first brilliant and happy moment of your resistance to foreign tyranny, until the present day, we mark with pleasure and with gratitude, the same uniform, consistent character, the same warm and devoted attachment to liberty and the republic, the same Roman love of your country, her rights, her peace, her honor, her prosperity.
How blessed will be the retirement into which you are about to go! How deservedly blessed will it be! For you carry with you the richest of all rewards, the recollection of a life well spent in the service of your country, and proofs the most decisive of the love, the gratitude, the veneration of your countrymen.
That your retirement may be as happy as your life has been virtuous and useful; that our youth may see in the blissful close of your days, an additional inducement to form themselves on your model, is the devout and earnest prayer of your fellow-citizens who compose the General Assembly of Virginia.
The question being about to be put on agreeing to the said address, the previous question, to wit, shall the main question on the said address be now put? was moved and seconded.
And the question being put on the said previous question, it passed in the affirmative.
On the motion of Mr. Marshall, seconded by Mr. Pope, ordered, that the yeas and nays on the said question be inserted in the journal. The names of those who voted in the affirmative are, Messrs. Nelson (Speaker) Gausden, Perkins, Robertson, Cabell, Given, Leftwich, Rowland, Compton, Edgington, Harrison, Pryor, Pittman, Patterson, E. Watts, W. Jones, J. Christian, Eymann, Price, J. Wyatt, Cheetham, B. C. Stuart, Hatcher, Baker, Strother, Pegram, Tucker, C. K. Mallory, Ritchie, John Jones, Mason, Edmunds, Wilks, Forbes, Brent, Tynes, Baytor, Carter, Underwood, Dickinson, Blair, McLaughlin, Jeffries, A. Johnson, Shannon, Donaldson, Higgins, Prunty, Storts, Hairston, Pucie, Wren, Lington, Willis, Reynolds, C. Smith, J. Hill, Shearman, Yerby, McKinney, Noland, Harris, Watson, R. Hill, McColloch, Billings, P. Smith, J. B. Jones, Segar, Jesses, Payne, Beirne, Estill, J. Craig, M'Henry, Dashiell, Holt, Blackwell, Fitzgerald, Irwin, Barbour, Penn, Hughes, Davis, Wooding, Walton, E. Johnston, Pope, Purnell, Moseley, Tyler, Redman, M. F. Brockenbrough, Preston, Grogan, M'Farlane, Sargant, Strickler, Smith, Gutchess, R. Stuart, Randolph, Dillard, Jarrott, Thompson, Cecil, Garrow, Brown, R. E. Packer, Tavenor, Beeson, Crockett, Southall, Wirt, Archer, and Semple—115.
And the names of those who voted in the negative are, Messrs. Joyces, W. Parker, Norvel, Kinney, Anderson, Warwick, Faris, Pomeroy, Moorhead, Buckner, Morrow, Simon, Cunningham, Barret, Rozel, J. H. Christian, M'Cauley, Usher, Sneed, Miller, Hull, Gibson, Bailey, and Corbin—24.
The main question on agreeing to the said address, being then put, it passed in the affirmative. Ayes 120—Nays 24.
On motion, Resolved, by the General Assembly, That the Governor be requested to forward to the President of the United States a copy of the foregoing address; and also for the information of the general government, a copy of the resolutions, concerning our foreign relations, unanimously adopted by the present General Assembly, and of the preamble to the same.
The House proceeded to consider the amendments proposed by the committee to the report of the committee of finance, and the same being twice read, were agreed to by the House.
The House proceeded to consider the resolution, reported by the committee, which was read in the following words:
Resolved, That each county and corporation court in this commonwealth, be authorised by law to levy a tax not exceeding cents upon each dog in such county or corporation, if deemed expedient: Provided however, that each house-keeper may be allowed to keep two dogs. Free from tax, and also two upon each quarter or plantation where there may be no white family residing, which tax shall be appropriated to leasing the levy of such county or corporation.
On motion, Ordered, that the further consideration of the said resolution be postponed to the 31st day of March next. Ayes 65—Nays 56.
Ordered, That leave be given to bring in a bill to amend the act, entitled the act, appointing an agent to recover and receive certain monies due to this commonwealth in the state of Kentucky, and that Messrs. Preston, P. Wyatt, Geo. Temple, Banks, C. Smith, and Pope, do prepare and bring in the same.
Ordered, That leave be given to bring in a bill "Supplemental to the act, entitled an act, to organize and establish a superior court of law in each county of this commonwealth," and also an act supplemental thereto, passed during the last session of the General Assembly, and that Messrs. Wirt, Joyces, Upshur, Packer, Sneed, Yerby, Forbes, and Hatcher, do prepare and bring in the same.
We understand, Col. Boyd has received orders from Henry Dearborn, Esq. Secretary of War, to prevent all vessels passing Fort Independence; and that in consequence, the acting Collector is under the necessity of withholding clearances to any vessels whatever.—BOSTON, Feb. 1.
The Charleston Courier of the 20th ult. contains the following article:—
"The Spanish 74 St. Santa sailed from Havannah the 1st. inst. for Cadiz, with the late Vice-Roy of Mexico, and family, on board. The Vice-Roy was not permitted to land at Havannah, and was proceeding to Spain to take his trial for his recent conduct in the kingdom of Mexico. The St. Santa has on board eight millions of dollars, for the use of the patriotic Junta of Spain."
THE ENQUIRER. RICHMOND, FEBRUARY 10, 1809. FOR THE ENQUIRER.
It is said, that there has been a large Meeting of the Republicans of both houses of congress on the 6th inst. at which it was decided that the embargo should be raised the 4th of March, except as to England and France; as to them a non-intercourse; that an additional number of troops be raised, and that a loan be authorized of $10,000,000.
The calculation, that you can permit your vessels to go to sea, and whilst at sea, restrain them in their traffic, is void. If this position wanted proof, it is amply found in the number of American vessels, that have since the embargo, been trading with British licences, and in the deviation of voyages from Norfolk to Boston by touching in the West Indies. To the course above described, I object, because it partakes of all the objections of more efficient plans, without any considerable advantages.
It is true that the dependences of the Belgierents, even Holland, are not included, which will leave you on paper, some respectable commerce. But we are seeking a measure that is to coerce the belligerents into justice. The plan proposed, if faithfully executed, and we are to presume, it has been predicated on that presumption, cannot have that effect.
You transfer all the American trade from England to the continent. Admit this to be an efficient measure, G Britain must on her system make a direct war of capture on this trade; for she has told you that she will take your vessels going to the continent, even though you allow her a full participation in the commerce, more when she is fattening on that commerce, as is proved by Barring and others. It is your belief of that declaration which impels to this very act. It is therefore demonstrable that this course ends in war, if executed according to its import. In what situation will you find yourselves? The market of Britain filled with American articles captured from them. Your enemy made rich by your own spoils, you by that, much poorer. You commenced this contest in 1808 with full treasury, with the most ample supply of foreign articles. In 1810 you will recommence it with an empty treasury, dependant on loans to supply it, and when your former stores are exhausted.
This is called the gaining time. Now to me it is exactly the reverse. It is loosing all the 18 months of contest we have had. It is acknowledging that we are determined not to go to war, which will be no small accession to the popularity of Mr. Canning, and take as much from the American character.
Again, on the idea of gaining time, we have this advantage, to be sure, that our numbers increase daily, but great as that advantage is, it will not compensate for every other consideration, nor for the difference of entering on the war with advantageous or disadvantageous grounds, such as stated above; much less will it pay the increase of debt or compensate for the loss of public spirit, which this plan is calculated to produce, whether you mean it as a public declaration of the great council of the nation, that the people are not to be roused to war or only as to the effect of procrastination.
Truly not on my own judgement, but again and again have I heard it said, that at the time of the attack on the Chesapeake, the nation was ready for war; that since they had cooled off. Will not the same effect take place now as to the orders of council? You tell the nation they are not to go to war for them. What will you tell them next year? That they must. If at your fiat, the war propensity is to rise and fall, then are you deprived of your first motive; that of the nation not being ready for resistance. Is it not rather to be believed, habituated to the idea of British taxation, that the people will say after enduring it for two years, had we not better bear it yet a little longer, and will not your argument of delay be as applicable then as now, and consulting the course of the human heart, you must say more congenial to its ordinary workings?
But, suppose this plan should result in a form of trade elsewhere, whilst it was in reality with G. Britain. It is not necessary to consider the various ways by which it could be effected. Some are very ostensible. A supply of cotton may be sent to Britain by the means of any of the Spanish or Portuguese possessions. Pensylvania, for example, may take the place of Charleston and New-York, as shipping ports for cotton; tobacco too may be lodged there. Or, as our vessels require no papers to go directly for Britain, they may clear out for some European port of the same nations, but not go there, except in their way home. Clearances for Tangiers or Hamburg, and a market, may be as common as that for Cowes, and a market formerly was. What is to prevent this? Your laws operating in Europe, how are you to obtain the evidence? Shall I be told that the patriotism of the merchants will prevent it? I must be pardoned for the want of confidence, since the experiment of the embargo, and as British consuls are American merchants. I cannot, therefore, but condemn a proposition which, whilst it proposes to gain time, loses it; and which, whilst it proposes to be neither submission nor war, must eventuate demonstrably in one or the other.
TO THE EDITOR OF THE ENQUIRER. SIR.
Two questions are now before the H. of R. among the most important which can come at this time before them. The first is when the embargo is to be taken off. The next, if the embargo is to be removed, what substitute is to be put in its place—are our merchants merely to be armed for defence, or are they to be vested with Letters of Marque and Reprisal?
Sir, I am sorry, and astonished that these points should have come under discussion—I had really understood, that the Republicans in Congress had settled their system of proceeding; that the embargo Laws were to be continued and enforced; Congress were to meet again in May; and that they were to decide, from the circumstances and lights of the times, upon the repeal of the embargo without any substitute, arming our merchants, issuing Letters of Marque & Reprisal, or even a Declaration of War.
But there is a storm in the East! Well, what of that? Is the arm of the General government to be palsied by the lowering aspect of partial discontent? Is the great policy of this nation to be swerved and diverted
by the wild opposition of a infuriated faction? Are we to give up the great principle of a republican government; that the majority are to rule? Are we to encourage any district of this country to rise against those laws, which may hereafter displease them—by now exhibiting an example of impunity, indulgence and acquiescence to the discontented people of the U. States? Are we to show to foreign nations the weakness of our government—nay more, are we to shew them that the true art of triumphing over us is to excite partial discontent amongst us; that the best way to conquer our rights, is to divide our feelings? What will Great Britain then say of the Energies of the American Union? What exultations over our fallen greatness! With what rapturous joys, will not Marriett behold this consummation of his own prophecies, when he declares, "that it remains to be seen, that Mr. Jefferson will abandon the system which he recommended as being founded on the most dignified and consummate policy; or risk a revolution, by persisting in his endeavors to enforce it"—Hins to both parties, p. 38.
Let the Federalist of the East then blush at their degeneracy!—Timothy Pickering need not blush, for he is just as consistent in his baseness as ever.
It is therefore with astonishment &c regret, that I have seen the question on a discontinuance of the embargo come on again during this session—but as it has again occurred, the nation should meet it. Permit me, Sir,—a man whose rights, honor, and all are embarked in the same vessel with the rights and honor of his country—to express a few ideas on these two points.
And first when ought the embargo to be raised? Sir, I am neither for war—nor submission, if the former can be avoided by some patience and much privation. But if the embargo be taken off "forthwith," according to J. Randolph's motion, or even on the 4th of March, it will be either the one or the other. If the embargo be dismissed without any efficient substitute, it is submission to Great Britain, certainly, and it may be war with France. But I am not for submission on any terms. I am, with J. W. Eppes, "against the removal of the embargo during a continuance of the belligerent edicts," without an efficient substitute. I would maintain this determination, though it were to "drive the whole country to rebellion." But what efficient substitute? If Letters of Marque and Reprisal be issued, that attitude will almost certainly lead to war. If a declaration of war succeeded the embargo, the question is settled at once. War issues, of all dreadful things, the most dreadful to a nation, except the loss of liberty or honor—an evil, which I am most sincerely solicitous to avoid.
By postponing the revocation of the embargo till June, all shadow of submission is avoided—War is put off for the present—and another chance for peace is obtained. How much this chance is worth, is beyond my powers of estimation. Judging by the language maintained by the British ministry, it would seem that they are inflexible in their resolution to maintain their Orders. Canning asserts in his letter of Nov. 22, 1808, a determination to adhere to them, until the French Decrees are "unequivocally abandoned"—which are as much to say, that though the United States should make such an arrangement with France as to exempt their commerce from these decrees, it would not be sufficient to produce a revocation of the Orders; for these Decrees must be unequivocally, formally and publicly recanted.
This, however, may be mere diplomatic finesse. And circumstances may arise to change the spirit as well as the language of ministers. Will not some of these circumstances occur before June? The ministry may lose their popularity and places. The convention of Cintra is much against them. The subsequent losses in Spain may be too much for them—Again: The British trade may be besut out of Spain. The markets of the Brazils are overflowing with their goods. And perhaps when the ministry feel war determination to resist them at all hazards, if they still keep the helm of affairs, they may at least be disposed to change their courses.
All events, if these hopes should prove to be visionary, we shall gain time to prepare for the war. Men will be raised; our ports will be strengthened; and arms will be increased.
All these considerations most evidently point to an extension of the present embargo laws till the May session—at which time, Congress might determine from all the lights before them, what course it would be best to steer—whether the circumstances of the times would admit of an honorable revocation of this system, or what substitute it would be best to adopt.
As to the second question—If our embargo is to be repealed on the 4th of March, ought our Merchants to be merely armed for defence, or for offence also?—The peculiar state of the world will designate some of the consequences, flowing from the first system. The simply arming our Merchants as J. Randolph proposes is a direct submission to the encroachments of G. Britain. "The situation of the world," as Mr. Eppes remarks, "forbids the idea that we can force a trade against G. B." Considered in her relations to her rival, she is mistress of the Ocean—France is nothing. What would be the result of this, privilege of arming our merchants upon such a state of things? Why—this privilege would very rarely be used.
In our intercourse with the West Indies, it would sometimes be exerted. The American vessels, that were bound to a Dutch or Danish port, might sometimes assume this defensive attitude—but even these arms would sometimes be assumed, for the purpose of diminishing the premium of Insurance—the vessels themselves might be abandoned without resistance to the enemy—and the owners would come upon the insurers for payment. Such are the tricks of trade—Such were the shameful examples, sometimes exhibited in the year '98. Those vessels, which would be destined to Great Britain would never enjoy this privilege. They would run little risk of capture by French cruisers—of course the rate of Insurance would be less than the expense of arming.
The road to the continent is so completely lined and intersected by British cruisers, that our vessels could not expect to force a trade against them. Arming our merchants might qualify them to beat off the little pickeroons of the West Indies—but not the strong, well-armed and well-manned British cruisers, that infest the English Channel. What follows? That the arming of our merchant vessels would be really a nugatory privilege—and that if a repeal of the embargo without any substitute, be any submission to British usurpation, the same measure in
conjunction with the power of arming would be almost equally disgraceful relinquishment of our rights and independence. But what imparts a new gloom to this melancholy picture, is this—our trade would almost altogether be carried on under British license and capital. The trade to G. Britain would be open to us—but she consumes but a small proportion of our productions. Most of these would be mere drugs, if they were confined to her markets. She consumes, for instance, only 14,000 hogsheads of our tobacco—the remaining 72,000 are sent to the continent. If then the markets of the continent are not open to us, our commerce with G. Britain will be of comparatively inconsiderable value. How will this branch then be carried on?
Two suppositions here present themselves: either Bonaparte will let our vessels into the continental ports or he will not.
If he does, what then? There is an Agent from New-York in this City, who is said to have laid out 150,000 $ in Tobacco. How are his merchants to get their Tobacco into the Continent?
If they charter American vessels, and send them directly to the Continent, they are good prize to the British—if they are sent to G. B. first, and thence to the Continent, their touching at England makes them good prize on the Continent. A few may pass perhaps under British licences—How is this alternative to be avoided? In this way—and let the Congress of the U. S. take it seriously into their consideration.
It is believed that the licences, under the late orders in council have been issued in G. Britain by the board of trade, to vessels in B. Ports. But may not these licences be issued to British merchants at a certain estimated tariff of duties, perhaps for a certain gross sum—may not these papers be sent over to their factors in the U. States to be placed on board of our vessels, chartered for a trip to the continent, and freighted with American produce? The use of these licences is obvious.—They are a charm against the B. navy. They are more than a substitute for the expense of arming. These licences may perhaps be made to run for a certain length of time.—And eventually perhaps the British government may have their agents in this country to sell them for the benefit of the Exchequer. And then what glorious days, when Puffendorf and the British consuls shall be inducted with the power of licensing American commerce.
It is in this way, sir, according to my opinion, that most of our trade will be carried on. The British capitalists will become our principal exporters. The honest American merchant will be jostled out of his birthright; while the dishonest one will be anxious to obtain the patronage and protection of his majesty. Most of the profits of our trade will be cast into the lap of G. B.—And what makes the thing worse, is this, that while we have been undergoing many privations for the last 12 months, the British merchant comes in, speculates on most of our produce locked up by the embargo, and hangs up on the distresses which we have experienced. It would be well if the removal of the embargo "forthwith" would enable our merchants, as Mr. Randolph proposes, to forestall the merchants of Canada—but the misfortune is, it would in great measure merely enable the B. merchants having factors in N. York, &c. to anticipate those, who had agents in Montreal.
Sir, it is by this nefarious process, that the corruption of the British government would shoot more widely among us—steal in upon the most secret recesses of our trade—and threaten to engulf the virtue of our merchants in its destructive vortex.—Mere arming, therefore, would be submission to British encroachment and to mercantile imposition.
Even this runs, on the supposition, that Bonaparte will open the ports of the continent to us. But is this certain? Will he permit our trade on such terms? What is already the spirit of the Bayonne decree? All that we know of it, is contained, in the following extract from Mr. Madison's recent Report:
Extract of a letter from Gen. Armstrong to the Secretary of State, dated Paris, 23rd April, 1808: "Orders were given on the 17th inst. and received yesterday at the imperial custom house here, "to seize all American vessels now in the ports of France, or which may come into them hereafter."
"Postscript.—April 25th, 1808. I have this moment received the following explanation of the above mentioned order, viz. That it directs the seizure of vessels coming into ports of France after its own date, because no vessel of the United States can now navigate the seas, without infracting a law of the said states, and thus furnishing a presumption that they do so on British account, or in British connexion."
Note.—The above extracts contain the only authentic information, received at the department of state, relative to the Payne decree.
May not this decree provide for such a case, as I have already contemplated—may it not only extend to the continuance of the embargo—but to its repeal, if it be unaccompanied by actual resistance to Great Britain? In this case, what an immense reduction to the profits of our trade!! Let us then dismiss these empurising expedients. Give Letters of Marque and Reprisal. Enable some of our enterprising countrymen to re-capture some of their property from our enemy. Let us vindicate the rights and honor of our country, with decision and spirit.
No partial Embargo—and no Repeal of it, without an efficient substitute. MONTGOMERY.
APPOINTMENTS BY THE VIRGINIA LEGISLATURE.
On Tuesday, the Legislature proceeded to appoint three Judges of the General Court, to fill three vacancies created by the Laws of the Laws of the last & present session to organize and establish a superior court of law in each county of this commonwealth. Two of these were created by the law of the last Session—An additional circuit and of course an additional judge was created by the present Session of the Assembly. For this last office, members of the present Assembly could not become candidates according to the Act of '94, which prevents any senator or delegate, "during the time for which he was elected," being appointed to "any civil office," which shall have been created during such time.
Mr. Alexr. Stuart was nom by Mr. Wooding. Mr. W. W. Heming by Messrs. Crutchfield & Wooding. A Licence is a permission granted to an individual, by his Majesty in Council to export some branch of commerce prohibited by the established laws of the land." H. to both Parties p. 24.
John Coker, (Station) by Messrs. Parker, Kinney, Preston and Yerby. Members of the H. of Delegates. Hugh Nelson by Messrs. Strother & Pope. W. Brockenbrough by Messrs. Baker & Daniel. Daniel Sheffy by Mr. Yerby. James Semple by Messrs. Strother & Mallory. James Allen by Mr. Parker. To fill the office created during the present session, the votes stood thus: Coaler 110. Henning 32. Stuart 28.—JOHN COALE, Esq. is of course appointed one of the Judges of the General Court. To fill the two offices, created during the last session, the ballots and votes stood thus:
Table with 3 columns: Name, 1st ballot, 2d ballot. Rows include Hugh Nelson, Wm. Brockenbrough, Daniel Sheffy, James Semple, James Allen, W. W. Henning, Alexander Stuart.
HUGH NELSON, Esq. was consequently elected. Wm. Brockenbrough, 53 86 97. Daniel Sheffy, 56 77 86. James Semple, 39 20 6. James Allen, 15 3 6. W. W. Henning, 12 1 1. Alexander Stuart, 4 1 1. Wm. Brockenbrough, Esq. was, of course, elected.
On the next day, JAMES BAIBOUR, Esq. was chosen Speaker for the House of Delegates, vice Hugh Nelson, Esq. appointed Judge. Baibour 76. Semple 53.
Mr. Semple was brought forward without his knowledge or consent. Gen. TARTLER WOODSON, having resigned his Commission as Major General of the Division, the Assembly proceeded to supply the vacancy on Wednesday. Brig Gen. John Pegram, and Brig Gen. Peter Johnston were the candidates. Pegram 87. Johnston 70. Of course Gen. Pegram was duly elected.
Died by a rule of the House. Withdrawn.
We understand, that Major-Generals Williams and Moore have been designated by the Executive Council to take command of the quota of 100,000 militia, to be drawn from this State for the service of the U. S.
There have been more and more new appointments, made during the present session of the General Assembly, than perhaps at any one session since the organization of the present government.—One new Governor, 3 members of the Privy Council, 1 new Senator of the U. States, 1 new Treasurer, 1 new Register of the Land Office, 4 Judges of the General Court, 2 M. for Generals, 3 Brigadiers, and 1 new Speaker of the House of Delegates—will make up a very large, and rich invoice of Appointments.
Died, On Tuesday evening, the 24th ult. Mrs. MARY SAUNDERS, the amiable consort of Col. Robert H. Saunders, of Goodland. This venerable matron, through a long life, discharged the duties of wife, mistress, neighbor & philanthropist, with such pre-eminent rectitude, as to acquire the esteem and love of all who knew her.
Safe are you laid! Above these rolling spheres: The brief duration of your gaily dance Sheds sad vicissitude on all beneath.
ON Thursday, the 16th day of March next, will be sold, to the highest bidder, in the town of Manchester, at the tavern of Zachariah Lewis, upon a credit of twelve months, the following PROPERTY, belonging to the estate of Wm. Friend, decd. viz. twelve or fifteen likely SLAVES, consisting of men, women, boys and girls, a WAGON and harness, a GIG and harness, sundry articles of Husbandry, a few valuable Books, & a handsome Pewing Piece. Bond and approved security will be required of the purchasers. THOMAS BRANCH, Executor.
At the same time and place, will be sold, on a credit of twelve months, sundry articles of valuable mahogany FURNITURE and PLATE, the property of Mrs. Ann Friend.
All persons having claims against the estate of Mr. Friend, decd. are again invited to bring them forward properly authenticated, and those indebted thereto, will please make payment without delay. THOMAS BRANCH, Executor. February 10. 9t
ADVERTISEMENT.—The Subscriber offers for sale, a GOLD REPEATER, at a moderate price. It is now in the hands of Mr. W. Cowan, Watch & Clock-Maker, who has lately repaired, and is authorised to sell the same. The subscriber thinking it a favorable time, when the General Assembly was about to rise, & its members on their return to their respective homes, to sell a good watch, which is at the same time an elegant ornament, took the liberty, (perhaps in a manner somewhat singular,) to address his notice particularly to the members of Assembly; but being informed by Mr. Cowan, that the said notice "seems to be generally misunderstood and liable to improper constructions," he has, at the request of Mr. C. substituted the above. JOHN SEABROOK. February 10. 1t
IRON-MAKING.—As sole proprietor of the WORKS at the head of the navigation of James River, formerly Runnys's. I have formed a company of three wealthy men, on safe and sure principles for carrying on an extensive business; thereat; and iron-ware quantity of the metal, & advantages of the property, count on great profits. I have a fifth interest yet to dispose of, to a man of mounted capital, disposed to take an active part in this concern; which I doubt not will be able to supply the Public Army with Bar-Iron, ready drawn into shapes for muskets, &c. and far superior to any hitherto worked there—constituting of itself, a sufficient object for such an establishment. Any such gentleman, desirous of joining, will please signify his wish by letter, directed (post-paid) to the subscriber, near Charles-Town, Jefferson county. R. FAIRFAX. Richmond, February 10. 2t
N. B. Mr. Williamson, Master-Armorer, at the Factory in this city, is able, from actual trial of this iron, to give the most satisfactory account of its quality.
THE Subscriber will practice LAW, in the Superior and Inferior County Courts, of King & Queen, Essex and King-William. Those who favor him with their business, may rely on his attention and punctuality. G. R. TRANT. King William, Feb. 10. oawaww
FOURTEEN thousand eight hundred and seventy acres of LAND, for sale on Sucker creek, in the county of Pendleton—By virtue of a Deed in Trust, executed by Robert Burkley to Richard Gaines to secure the payment of the sum therein mentioned, I shall, on the 17th day of March next, before the door of the Esq. Tavern in the city of Richmond, sell to the highest bidder, for cash, the aforesaid land being in one tire tract. An unquestionable title will be made to the purchaser. HARRY GAINES, Trustee. February 10. 4t