SENATE. Memorial of Boston Merchants. MAY, 1812. to consider and report thereon; and Messrs. CAMP- Department, to be denominated the Department BELL, of Tennessee, BAYARD, and SMITH, of Mary- of War." land, were appointed the committee. On motion, by Mr. GERMAN, that the further consideration thereof be postponed to the first Monday in December next, it was determined in the negative-yeas 11, nays 13, as follows: YEAS-Messrs. Bayard, Bibb, Crawford, German, Goodrich, Gregg, Horsey, Leib, Lloyd, Smith, of Maryland, and Turner. NAYS-Messrs. Anderson, Brent, Campbell, of Tennessee, Condit, Cutts, Dana, Gaillard, Gilman, Howell, Robinson, Tait, Varnum, and Worthington. On motion, by Mr. BAYARD, the further consideration thereof was postponed until to-morrow. The six bills last brought up for concurrence were read, and passed to the second reading. The Senate proceeded to consider the amendment of the House of Representatives to the bill, entitled "An act supplementary to the act, entitled An act to establish an Executive Department, to be denominated the Department of War." The bill, entitled "An act for the better regulation of the ordnance," was read the second time. The bill, entitled "An act making further provision for the Army of the United States," was read the second time. On motion, by Mr. GREGG, the two last mentioned bills were severally referred to a select committee, to consider and report thereon; and Messrs. ANDERSON, SMITH, of Maryland, and VARNUM, were appointed the committee. The bill, entitled "An act to authorize the election of sheriffs in the Indiana Territory, and for other purposes," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. WORTHINGTON, BAYARD, and TAIT, were appointed the committee. The Senate resumed the consideration of the amendment of the House of Representatives to the bill, entitled "An act supplementary to the act, entitled 'An act to establish an Executive On motion, by Mr. LEIB, the further consideration of the bill and amendment was postponed to the first Monday in June, next. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to annex a part of West Florida to the Mississippi Territory," in which bill they request the concurrence of the Senate. The bill last mentioned was read, and passed to the second reading. The bill, entitled "An act for the relief of Thomas F. Reddick," was read the second time. The Senate resumed, as in Committee of the Whole, the consideration of the bill to admit the entry of vessels of the United States on certain conditions. On the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative. The bill, entitled "An act for the relief of John Thompson." was read the third time, and passed. The bill, entitled "An act to alter and establish certain post roads," was read a third time, and passed. entitled "An act for the relief of the citizens of On motion by Mr. SMITH, of Maryland, the bill, Venezuela," was read the third time, by unanimous consent, and passed. MEMORIAL OF BOSTON MERCHANTS. The Senate resumed the consideration of the report of the committee made yesterday on the Boston. memorial of a large number of the merchants of On motion by Mr. LLOYD, that the report on the memorial of the merchants of Boston, praying for leave to withdraw their property from Great Britain and her dependencies, be again referred to a committee, with instructions to bring in a bill for the relief of the petitioners A motion was made by Mr. SMITH, of Maryland, that the further consideration thereof be postponed to the first Monday in June next. On this motion Mr. SMITH addressed the Chair as follows: Mr. President: I have made the motion for postponement because I am unwilling that a conclusive vote on the question should be taken at this time. When members place their names on record there is an unwillingness to retract their vote, when a more suitable time for decision occurs. That time will be, on the arrival of the Hornet, which must certainly happen before the first of June; and from the information which she will bring, we shall be enabled to vote more advisedly." This subject being before the Senate, I will be permitted to take a short view of our political relations as they bear upon this particu iar object. The non-intercourse law prohibited all intercourse between the United States and Great Britain and France. It, however, authorized the President, in case either of these Powers should so repeal or modify their unjust acts, as that they MAY, 1812. Memorial of Boston Merchants. SENATE. those solemn assurances. I did expect that a decree, revoking the Berlin and Milan decrees, "so far as they related to the United States," would have been issued immediately after the Emperor should have seen the act of Congress confirming the proclamation. Indeed, sir, I thought it ought to have been issued immediate should cease to violate the neutral rights of the United States, to relieve such nation from the operation of this act. Great Britain, by her Minister, Mr. Erskine, did agree, that her odious Orders in Council should be repealed, and the President (with a promptitude that did him credit) declared by proclamation, that the commerce between the United States and Greatly after he had seen the proclamation. Britain should be restored, and all America ap- Has any such decree yet issued? No! Has plauded the act. The negotiation made by Mr. France practically complied with her promise Erskine, contrary to the opinion of every enlight- made in the letter of the 5th August 1810, signed ened man, and to the astonishment of our Gov- by the Duke de Cadore? If she has, Mr. Presiernment, was disavowed by the King of Great dent, then are we bound, the national faith and Britain. What was the conduct of our Execu- honor are bound, and no consideration ought to tive on being informed of the disavowal? It induce the Senate to agree to the motion of the was that which gratified every American. He honorable gentleman (Mr. LLOYD.) But if France instantly imposed the non-intercourse on Great has not complied with her engagement, if her Britain, and placed that nation precisely in the cruisers, as well public as private, continue, under same situation in which she was when Mr. the authority of the Emperor, to act in the manErskine's arrangement took place. And, sir, I ner authorized by the Berlin and Milan decrees, believe that, in doing so, he met with the appro- then our honor calls upon us, the national honor bation of every good man. He certainly had imperiously calls upon us to place both nations mine. The non-intercourse law continued until precisely in the situation in which they were May, 1810, when it expired by its own limitation. when the proclamation of the President, dated I state this, Mr. President, because a confusion November 2, 1810, was issued; nor ought the has arisen from the various laws which have doing so to affect the ulterior measures contempassed on this subject, and many well informed plated against Great Britain. In acting thus, men have believed, and do now believe, that the our conduct will be exactly correspondent with non-intercourse law existed against both nations that adopted by the Executive, on his being inwhen the present restrictions were imposed on formed that Great Britain had disavowed the our commerce with Great Britain. Not so, Mr. arrangement entered into with Mr. Erskine. President. At that time our trade was unrestrict- This we are bound to do, if even we should imed by any law of the United States. But Con- mediately thereafter enact a law interdicting all gress, in the same month of May, 1810, passed importation from both nations. Nay, sir, men an act, by which the President was authorized, of nice notions of honor will believe that we canin the event of either France or England repeal- not honorably pursue the war with Great Britain ing her unjust acts, or so modifying the same until we have freed ourselves from the deception that they would no longer affect our neutral practised upon us by France, if (as is asserted) rights, to impose certain sections of the non-in she has not complied with her part of the compact. tercourse law on the nation refusing to do us just-What evidence have we that France has not ice, which sections amount to a non-importation. This act was made known to both nations; and France, embracing the proposition, did by the letter of her prime Minister, the Duke of Cadore, under date of the 5th August, 1810, promise to revoke the Berlin and Milan decrees, so far as they relate to the United States, on condition; with which condition the President complied by issuing his proclamation of the second of November, in which, agreeably to the act of May, 1810, he declared that all importations from Great Britain and her possessions should cease on the 2d February, 1811; unless that nation should, previously thereto, repeal or modify her Orders in Council. Great Britain refused to do this, and has pertinaciously adhered to a system injurious to the interest of both nations. Mr. President, I was among those who approved of the proclamation of the President of the United States, interdicting all importations from Great Britain. It appeared to me to be a strict compliance with the tenor of the law; for, sir, I did believe, that all credit was due to the solemn declarations of nations, made officially by their public ministers, and I, therefore, justified the President for the confidence he had placed in complied? The document before me from the Secretary of State, respecting the trade to the Baltic, proves that French privateers have completely blockaded the Sound, which is the usual entrance to that sea; that they capture every American vessel in their power bound either up or down, and send their papers to Paris, where they are condemned by the order of the Emperor. It may not be amiss to give a view of this course of conduct; for to gentlemen unacquainted with commerce it may be useful. Mr. Erving, our Minister at Denmark, was sent to Copenhagen to use the best means in his power to induce the King to put a stop to the depredations committed on our commerce by the Danish privateers. He was well received, and being of opinion that our trade would meet with few interruptions in future, he advised thereof the American Consuls in Sweden and Norway, where our vessels usually stop for information. What was the consequence? Why, that the Americans, thus relieved from danger, as they supposed, took the usual course through the Sound, to all the ports in the Baltic, and many went safe. The French, informed of this friendly conduct of the King of Denmark, despatched a number of privateers SENATE. Memorial of Boston Merchants. to the Sound, completely blockaded it, and captured, without distinction, every American they could. The number thus captured was not, it is true, very great, for the news flew on the wings of the wind, and the Americans were thereafter, for safety, compelled to mingle with the British Convoys. Indeed, several which had assembled at Elsinore were saved by a convoy granted by the King of Denmark. Mr. President, the first notice of the French blockade of the Baltic was capture and consequent condemnation on various pretexts. One vessel was condemned (it appears by the proceedings of the court of Paris) because she had come to anchor in a port in Sweden, where, by accident, there was a British armed vessel. But, sir, another reason for presuming that France has not complied with her part of the compact, is the late burning, by a French squadron which issued from Nantz the 10th day of January last, of every American vessel they met having a cargo on board. The ground assigned by the commanders of those vessels, not verbally only, but by certificates signed by themselves, is, because the vessel, so burnt, was bound to or from a port of the enemy of France, and this they certify they do by order of the Minister of the French Marine, being precisely the Berlin and Milan decrees put in full force against the vessels of the United States. This information comes to us in a shape scarcely questionable; but as the Hornet must soon arrive, and as the President will by her receive such information as will put the subject beyond a doubt, either in one way or the other; and as I know that some gentlemen are unwilling to vote without official informa tion. I have thought it most proper to propose the postponement, until such time as must give us such information. Mr. President, before I sit down, it may not be unworthy of remark, that the French burning squadron left France five days after the departure of the frigate Constitution, at which time (the 5th January) Mr. Barlow was flattered with the expectation that he would succeed in every object of his mission. MAY, 1812. This claim arises from the prosecution of an honorable, a lucrative and accustomed trade, which had met the approbation of Government, and to the revenues of which it had largely contributed—he alluded to the trade with Great Britain. In the prosecution of this trade formerly the merchants of the United States were almost invariably the debtors; they obtained their goods on a credit not unfrequently of twelve months, but for a few years past the course of the trade had almost entirely changed. Owing to the extension of commerce-the diffusion of wealth and capital-the increased ability of the merchants of the United States-the facilities afforded by the banks-and the unexampled depression of the course of exchange, the merchants of Great Britain had in their turn become the bankers and debtors of those of the United States, the latter of whom now very generally, instead of purchasing goods in England, on credit, remitted exchange at the time of furnishing their orders for shipments. These orders, it is very well known to every man in the smallest degree conversant with the trade, must be in the hands of the manufacturers several months before they can be executed, being principally given for articles calculated for a particular market and not suited for any other. This is more especially the case with the importers of hardware and cutlery, who are obliged to give their orders, six, nine, or perhaps twelve months in advance, and so soon as an order is delivered, it becomes a compact, which cannot be dissolved but with the consent of all the parties engaged in it. Thus are situated some of the petitioners, several of whom had transmitted their orders prior to the issuing of the President's proclamation of November 2, 1810, but which could not be executed and got ready for shipment by the 2d of February, 1811, when the trade was closed. On this class of petitioners, the non-importation act, therefore, has a most unjust and complete ex post facto operationthey are punished for the prosecution of their lawful trade, and for not knowing what did not exist. The claim of this class of petitioners, then, is incontrovertible, and if the trade is to continue interdicted, and a sacrifice is required to be made for the public good, it is the duty of the nation and not the individual to sustain it. Mr. LLOYD said, knowing as he did the disposition of the Senate, he should probably not have troubled them with any remarks on this occasion, had he not, in compliance with official usage, and the instructions of committee, been It has been said, the merchants ought to have the organ of a report repugnant alike to his feel- been aware of the state of the country-that the ings and opinions-hostile, as he believed, to the Government gave them ample warning of the interest of the nation, and adverse to the petition-crisis that was approaching, and they should ers, who were a large body of his constituentshis fellow-townsmen, many of whom he personally knew who were equal in respectability to any class of citizens in the United States, and who had a deep interest in the decision of the question-a question on which, in many cases would depend the loss or preservation of the fruits of many years of their industry, and the continuance of their occupations, and perhaps subsistence, and which, if decided adversely, might reduce some of them from ease and affluence to penury and embarrassment. have forborne their adventures. On the contrary, sir, the Government, when it renewed the nonimportation act, left entirely open the export trade-by so doing it sanctioned that trade, and tacitly invited the merchants to engage in it. In what did this export trade consist? Principally in grain and flour shipped to the ports possessed by the British in Portugal and Spain-to Lisbon and Cadiz. It was well known that Spain and Portugal, as countries, were devastated, and wholly exhausted. They were utterly destitute of produce wherewith to make returns. MAY, 1812. Memorial of Boston Merchants. SENATE. It was perfectly well understood that payments in Council, professedly and expressly predicated could alone be received by drafts on England- upon the Berlin decree, would fall of course, and for their specie could not be withdrawn from that we should thus happily get rid of a system, thence the exportation of it is prohibited under which had been a race of folly all round the very heavy penalties, perhaps capital ones-the compass, equally as it regards France, Great only resource then which remained to realize the Britain, and the United States; a system in which property, was by bills of exchange from America, these nations had become entangled by their and this channel has completely failed for the passions-to which they pertinaciously adhered, want of objects in which the purchasers could probably in spite of conviction, to the injury of invest the property so long as importations were their subjects and citizens, and from which none prohibited. Thus, then, are the merchants totally of them has the manliness or magnanimity first barred from realizing their funds arising from a to cut adrift. trade encouraged by their own Government, and the proceeds of which have entered in a country, where alone, from the nature of that trade, it could not but be deposited; and hence then it follows, that the importing and exporting merchants have both a well-founded claim on the aid of Government before war commences, for the acquisition of their property-indeed no man could rationally suppose the Government would commence a war with the exclusion of it. So far from it, that it has been a generally received opinion, if war were actually intended, the ports of the United States would be first opened for importations; and if it be desirable on the part of the Government, as it seems to be its wish to impress on the people the probability or certainty of war, the doing this, attended with corresponding measures of preparation, would effect it much more readily than by any other step that could be taken. But it is said, the United States are pledged to France. Trite and tiresome as this topic has become, he must be allowed briefly to retrace it. By the act of May 1, 1810, it was provided that in case either Great Britain or France should, before the 3d of March, 1811, so revoke or modify her edicts as that they should cease to violate the neutral commerce of the United States, the President should declare the fact; and if the other nation did not in like manner revoke or modify her edicts within three months thereafter, the restrictions on the commerce of the nation so refusing should be revived. Has France, sir, fulfilled her engagement? For proof, let me only refer to the 3d article of the Milan decree, which enacts-"That every ship of whatever nation, or whatsoever the nature 'of its cargo, which sails from or proceeds to the 'ports of England, or those of its colonies, or of countries occupied by English troops, shall be good and lawful prize, and may be captured by 'the ships of war, or privateers of France." Ís our commerce to such ports now allowed? Have these provisions of the decree ceased to be acted upon? It would be a libel upon the intelligence and vigilant attention of the Senate to cite instances of their continued and constant enforcement. On the importation of British manufactures our own laws have interdicted the possibility of their operation for the past twelve months-but captures of vessels coming from and going to Great Britain are notorious to every one, and the shelves of the Department of State are, or might be, lumbered with proofs of the daily application of this article of the decree to American vessels, which are captured, burnt, or scuttled, from, and going to ports in Spain and Portugal in possession of the British; and lest we should not credit the accounts of our plundered, unshipped, cast-off seamen, arriving destitute at homelest we should not credit the solemn depositions of the masters and mates of vessels that have been taken and destroyed-lest we should not credit the testimony of insurance companies who have paid forty, fifty, or sixty thousand dollars on single losses of this description*-lest perversions or incredulity should not even credit all these witnesses-in order to fasten the outrage upon us, insult is added to injury-and the com On the 5th August, 1810, the Duke of Cadore addressed a note to Mr. Armstrong stating that the decrees of France were revoked, and would cease to operate on the 1st of November suc-mander of the destroying squadron, scarcely a ceeding. On the 2d of November the President issued his proclamation, declaring that the French decrees were revoked, and importations from Great Britain subsequently to the 2d of February, 1811, were of consequence prohibited. Mr. LLOYD said, in this inquiry, although he considered the decision of the President as extremely ill-judged and unfortunate, he should not avail of his station to offer a direct insult to the highest authority of the nation. He meant not to impugn his motives-possibly the President imagined, that by confiding in the assurances of the French Government, perfidy might be rendered honest-that France might for once fulfil faithfully the engagements she had entered into, and, this being done, that the British Orders month since, under his own hands, certifies the facts, and tells you he does this, not, sir, for his own security, not to prevent information of his course being given to his enemies, but in consequence of express orders from the Minister of Marine and of Colonies, so late even as January last; and avows his instructions to be, to capture or destroy all vessels bound to or from Great Britain, or her dependencies, or countries in her possession. In other words, to carry into full effect the provisions of the Berlin decree. After this, who will pretend that the decrees have ceased to violate the neutral commerce of the United *On the ship Telegraph alone, bound from New York to Lisbon, destroyed by two French frigates, the insurance office in that city paid sixty thousand dollars. SENATE. Proceedings. MAY, 1812. reported by the Committee correctly engrossed, The Senate resumed, as in Committee of the Whole, the consideration of the bill for the relief of Ninian Pinkney. And on the question, Shall this bill be engrossed and read a third time? it was determined in the affirmative. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled, "An act for the relief of Thomas F. Reddick ;" and it was ordered to a third reading. On motion, the bill, entitled "An act to incorporate the Trustees of the Washington College," was referred to a select committee, to consider and report thereon; and Messrs. DANA, WORTHINGTON, and BRENT, were appointed the committee. States, or that they owe any obligation, express or implied, except that of vengeance, to France? What, sir, would be the effect of a suspension of the non-importation act on ourselves? In six months after importations were admitted, or in three months after it was fully known, if war was also expected, it would replenish your coffers by placing ten millions of dollars in the Treasury-appointed the committee. it would strengthen your merchants, and might enable them, by getting their property from abroad, to co-operate with the Government, and to advance double the amount of the loan recently at tempted to be raised, the result of which, as it regards individual subscriptions, has disappointed' every political man in the nation, whatever may be his tenets. Indeed, if war be inevitable, no man in his senses can deny that it would be highly expedient-that it would be greatly for the interest of the United States if every guinea in the British exchequer, if every shilling's worth of merchandise in her kingdom, were transported to this country even on credit. If this were the case, it would afford the means of commencing and continuing the war with better effect, and longer duration if needful, and would enlist in your favor a powerful body of men in that country, who would constantly be advocating your cause, and urging the termination of war and the settlement of peace. Reverse the picture, and interdict the recovery of this property-you weaken yourselves-impoverish your merchants at the outset-alienate their affections from their own Government-insure their endeavors to force you into a speedy and perhaps almost dishonor- Mr. ANDERSON, from the committee to whom able peace; and instead of securing the influence was referred the bill, entitled "An act for the betof the British merchants and manufacturers inter regulation of the ordnance," reported it with your favor, and in favor of peace, you offer them a bribe, to encourage and protract the war, in order that they may hold the large amount of American property now in their hands, for their own use and on their own terms, with or without interest, during its continuance. Seeing, then, that no pledge, real, honorary, or imaginary, towards France, for a persistence in these restrictions, does or can exist that the merchants of the United States have a just and equitable claim for a suspension of them, and that such suspension would in his opinion greatly benefit the interest of the country, he felt it his duty to move, whatever fate might await the motion," That the memorial of the merchants of 'Boston be again referred to a committee, with 'instructions to bring in a bill for the relief of the 'petitioners." The question on postponement was now taken, and was determined in the affirmative-yeas 13, nays 6, as follows: YEAS-Messrs, Bibb, Campbell of Tennessee, Condit, Crawford, Cutts, Gregg, Leib, Robinson, Smith of Maryland, Smith of New York, Tait, Turner, Varnum. NAYS-Messrs. German, Gilman, Goodrich, Horsey, Lloyd, and Worthington. THURSDAY, May 7. The bill to admit the entry of vessels of the United States on certain conditions having been FRIDAY, May 8. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to amend an act, entitled 'An act to establish a quartermaster's department, and for other purposes," in which they request the concurrence of the Senate. The bill last mentioned was read, and passed to the second reading. an amendment, which was considered as in Committee of the Whole, and agreed to, and the President reported the bill to the House accordingly. On the question, Shall this bill be engrossed and read the third time as amended? it was determined in the affirmative. Mr. ANDERSON, from the committee to whom was referred the bill, entitled "An act making further provision for the Army of the United States," reported it with an amendment, which was considered as in Committee of the Whole, and agreed to; and the President reported the bill to the House accordingly. On the question, Shall this bill be read a third time as amended? it was determined in the affirmative. Mr, CAMPBELL, of Tennessee, from the committee to whom was referred the bill, entitled “An act to annex a part of West Florida to the Mississippi Territory," reported it with an amendment, which was considered as in Committee of the Whole, and agreed to; and the President reported the bill to the House accordingly. On the question, Shall this bill be read a third time as amended ? it was determined in the affirmative. The bill for the relief of Ninian Pinkney having been reported by the Committee correctly engrossed, was read a third time, and passed. On motion by Mr. ANDERSON, Mr. POPE was |