DECEMBER, 1811. Foreign Relations. H. OF R. The second resolution for raising ten thousand regulars being under consideration Mr. LITTLE moved to strike out ten thousand and insert fifteen thousand. Mr. Fisk moved to insert thirty thousand. Mr. ALSTON wished to leave the number subject to the discretion of the President, not exceeding fifty thousand men. If the number was fixed, the President must appoint officers, whether the men were raised or not. The question was taken on striking out the number ten thousand, &c., and carried by a large majority. The question now being on the number which was to be inserted in lieu of it Mr. PORTER was in favor of a practicable number of regulars, relying on volunteers for effective service as well as regulars. Mr. LITTLE Spoke in support of his motion. Mr. WRIGHT spoke in favor of a large number of regulars. measures; or, than I shall ultimately in recommending war, in case Great Britain shall not have rescinded her Orders in Council, and made some satisfactory arrangements in respect to the impressment of our seamen. If there should be any gentlemen in the House who were not satisfied that we ought to go to war for our maritime rights, Mr. P. earnestly entreated that they would not vote for the resolutions. Do not, said he, let us raise armies, unless we intend to employ them. If we do not mean to support the rights and honor of the country, let us not drain it of its resources. Mr. P. said he was aware that there were many gentlemen in the House who were dissatisfied that the committee had not gone further, and recommended an immediate declaration of war, or the adoption of some measure which would have instantly precipitated us into it. But he confessed such was not his opinion. He had no idea of plunging ourselves headlong into a war with a powerful nation, or even a respectable province, when we had not three regiments of Mr. Fisk spoke in favor of thirty thousand; men to spare for that service. He hoped that we he was desirous that our measures should be should not be influenced by the howlings of news-effectual. papers, nor by a fear that the spirit of the Twelfth Congress would be questioned, to abandon the plainest dictates of common sense and common discretion. He was sensible that there were many good men out of Congress, as well as many of his best friends in it, whose appetites were prepared for a war feast. He was not surprised at it, for he knew the provocatives had been sufficiently great. But he hoped they would not insist on calling in the guests, at least, until the table should have been spread. When this was done, he pledged himself, in behalf of the Committee of Foreign Relations, that the gentlemen should not be disappointed of the entertainment for want of bidding; and he believed he might also pledge himself for many of the members of the committee, that they would not be among the last to partake personally, not only in the pleasures, if any there should be, but in all the dangers of the revelry. Mr. P. said that this was the time and occasion on which, above all others, within his experience, we should act in concert. If the ultimate object of the great body of this House and of this nation was the same, and so far as he had been able to ascertain the sentiments of both, it was-there would be no difficulty in attaining it. But we must yield something to the opinions, and to the feelings of each other. Instead of indulging in party reflections and recriminations in this House, he hoped that the whole of the House and of the Union would form but one party and consider a foreign nation as the other. Mr. P. said he had risen merely for the purpose of explaining to the House the opinions and views of the committee in relation to the resolutions now to be discussed, and he should be satisfied if he had been so fortunate as to succeed. The question was then taken on the first resolution for filling the ranks of the present army, &c., and carried. 12th CoN. 1st SESS.-14 Mr. LITTLE Spoke in favor of the House fixing the number, in preference to leaving it discretionary with the Executive. Mr. NELSON spoke in favor of the number reported by the committee. Mr. SEYBERT spoke in favor of thirty thousand men. He was desirous of acting efficiently if at all. Mr. WRIGHT spoke in reply to Mr. NELSON, and in favor of regular troops in preference to volunteers.. Mr. SMILIE thought ten thousand men would be a sufficient number, together with the volunteers, for any object they might be wanted for. Mr. PORTER proposed that the number should remain blank, as it could be better fixed when the bill was brought in, in pursuance of the resolu tion. Mr. NELSON spoke in reply to some observations of Mr. WRIGHT on the relative importance of regulars and volunteers; and Mr. WRIGHT rejoined. the motions to fill the blank created by striking The 3d, 4th, and 5th resolutions, authorizing volunteers, militia, and equipment of our little navy, were agreed to by the Committee of the Whole. vessels to arm in self-defence, against all unlawThe sixth resolution, to permit our merchant ful proceedings against them, being under con sideration Mr. MCKEE spoke against it, conceiving it at variance with the system comprised in the other resolutions. He had no idea of merely resisting; if attacked, he would retaliate. Mr. SMILIE Supported the resolution. If we were not now in war, he said he verily believed we soon should be. Mr. WRIGHT took the same ground with Mr. MCKEE, and moved to amend the resolution by adding thereto words similar to the following: "And if attacked by any vessel contrary to the law of nations, to capture and bring them in for adjudication." Mr. PORTER explained. The proposed amendment would make the resolution an act of war, which it was not the intention of the committee to declare in this report, or to commence until they had prepared for it. Mr. WRIGHT's motion was lost. Mr. McKEE said the parties had joined issue, the pleadings were made up; the case was now to be decided by battle, and not by jury. He, therefore, desired to retain the sinews of our strength, and moved an amendment contemplating an embargo for ninety days on vessels in our ports, &c. The motion was declared to be out of order. DECEMBER, 1811. Philip Stuart, Silas Stow, William Strong, George Sullivan, Samuel Taggart, Benjamin Tallmadge, Peleg Tallman, John Taliaferro, Uri Tracy, George M. Troup, Charles Turner, jr., Pierre Van Cortlandt, jr., Leonard White, Robert Whitehill, David R. Williams, William Widgery, Thomas Wilson, Richard Winn, and Robert Wright-117. NAYS-Abijah Bigelow, Elijah Brigham, Epaphroditas Champion, John Davenport, jr., Richard Jackson, jr., Lyman Law, Elisha R. Potter, John Randolph, Richard Stanford, Lewis B. Sturges, and Laban Wheaton-11. Mr. GOLDSBOROUGH, after expressing his readi ness, should war be once determined and declared by the Administration, to go all lengths to support it, but wishing further time for reflection on so important a subject, made a motion to adjourn; which was carried, and the House adjourned. SATURDAY, December 7. Mr. PLEASANTS presented a remonstrance and petition of sundry inhabitants of St. Louis, in the Territory of Louisiana, stating the many injuries and inconveniences which would result from a change in their form of government, and The House took up the report. The question was put on the first resolutionMr. RANDOLPH, wishing time, moved that the report lie on the table.-Motion lost-65 to 50. The question was then taken on the first reso-praying that no alteration may be made in their lution, in the following words: said form of government.-Referred to the Com"Resolved, That the Military Establishment, as au-mittee of the Whole on the bill providing for the thorized by the existing laws, ought to be immediately government of the said Territory. completed by filling up the ranks, and prolonging the enlistment of the troops; and that to encourage enlistments, a bounty in lands ought to be given in addition to the pay and bounty now allowed by law." The following are the yeas and nays on the question: Mr. RHEA presented a petition of sundry inhabitants of the Territory of Louisiana, praying that the second grade of Territorial government may be extended to the said Territory.-Referred to the Committee of the Whole on the bill providing for the government of the said Territory. Mr. LYLE presented a petition of the Synod of Pittsburg, in Pennsylvania, praying that the mails may not be carried, and that post offices may not be kept open on the Sabbath day.-Referred to the Posmaster General, to consider and report thereon to the House. Op motion of Mr. TALLMADGE, the Postmaster General was directed to lay before the House an estimate, in detail, of the expense which would necessarily be incurred to repair the building which has been purchased by the Government for the accommodation of the General Post Office and Patent Office, that the objects for which said purchase was made may be carried into effect. YEAS-Willis Alston, jr., William Anderson, Stevenson Archer, Daniel Avery, Ezekiel Bacon, John Baker, David Bard, Josiah Bartlett, Burwell Bassett, William W. Bibb, William Blackledge, Harmanus Bleecker, Thomas Blount, Adam Boyd, James Breckenridge, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Langdon Cheves, Martin Chittenden, John Clopton, Thomas B. Cooke, Lewis Condit, William Crawford, Roger Davis, John Dawson, Joseph Desha, Elias Earle, William Ely, James Emott, William Findley, James Fisk, Asa Fitch, Meshack Franklin, Thomas Gholson, Thomas R. Gold, Charles Goldsborough, Peterson Goodwyn, Edwin Gray, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, Jacob Hufty, John M. Hyneman, Richard M. Johnson, Joseph Kent, Philip B. Key, William R. King, Abner Mr. JENNINGS, from the committee appointed Lacock, Joseph Lefever, Joseph Lewis, jr., Peter Lit-on the twenty-eighth ultimo, presented a bill to tle, Robert Le Roy Livingston, William Lowndes, authorize the election of Sheriffs in the Indiana Aaron Lyle, Nathaniel Macon, George C. Maxwell, Territory, and for other purposes; which was Thomas Moore, Archibald McBryde, William McCoy, read twice, and committed to a Committee of Samuel McKee, Alexander McKim, Arunah Metcalf, the Whole on Friday next. James Milnor, Samuel L. Mitchill, James Morgan, Jonathan O. Moseley, Hugh Nelson, Thomas Newbold, Thomas Newton, Stephen Ormsby, William Paulding, jr., Joseph Pearson, Israel Pickens, William Piper, Timothy Pitkin, jr., James Pleasants, jr., Benjamin Pond, Peter B. Porter, Josiah Quincy, William Reed, Henry M. Ridgely, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Thomas Sammons, Ebenezer Seaver, Adam Seybert, Samuel Shaw, John Smilie, George Smith, John Smith, MONDAY, December 9, REMISSION OF DUTIES. Mr. NEWTON, from the Committee of Commerce and Manufactures, made an unfavorable report on the petition of Taylor and Richards; which was concurred in. The report is as follows: DECEMBER, 1811. Foreign Relations. H. of R. From this view of the subject, the committee beg leave to recommend the adoption of the following resolution: Resolved, That the prayer of the petition is unreasonable, and ought not to be granted. FOREIGN RELATIONS. The House resumed the consideration of the report of the Committee of Foreign Relations. The question being on the agreement to the second resolution, authorizing the raising an ad Mr. GRUNDY, as a member of the committee stated his impression that this was the vital part of the report; and although he had no desire to prolong debate, invited those who were opposed to the report now to come forward and state their objections to it. That the petitioners state, that Gustavus Upton, in October, 1807, purchased, in France, sundry articles of merchandise, which, in the month of February, 1808, were shipped in the Ceres, for New York, and the voyage commenced, but which was relanded in consequence of information received, that the British Government had issued orders for the capture of all American vessels bound to or from the ports of France. That no safe opportunity offering for the conveyance of the merchandise to the United States, in December, 1808, when one of the petitioners (Gustavus Upton) left France for Great Britain; having previously given instructions to Messrs. McCarthy and Brothers of Bor-ditional regular forcedeaux to ship the merchandise to the United States directly, if a conveyance could be obtained; and, if not, to forward the same to England, whence, it was supposed, the merchandise might be shipped to the United States, with ease and safety. The petitioners further state, that, on the 12th of April, 1809, a conveyance was engaged for the said merchandise for London, in the ship Yaug Fran Agena Sophia, of Mr. RANDOLPH said, he was an old-fashioned Kniphausen. On the merchandise arriving in the port politician. In the days of terror, we shrunk at of London, liberty to land the same, for sale, was re-standing armies; and what is the object nowfused, but granted to reship it for the United States; defence? Who? Freemen who would not dewhich was done in June, 1809, on board the Rhadius, fend themselves. He would ask, if seven millions Captain Farly, for New York, and reached that port of Americans were to be protected in their lives on the 18th of October, 1809, in contravention of and liberties by ten thousand vagabonds who were the act of Congress, entitled "An act to interdict the fit food for gunpowder? It would be necessary to commercial intercourse between the United States and know the ulterior views of the committee on this Great Britain and France, and their dependencies, and point. It would be proper, before a vote was taken for other purposes," passed the 1st of March, 1809. on this resolution, to know for what purpose these The petitioners further state, that, on the arrival of additional troops were wanted. The House ought the said merchandise at New York, they gave notice not to commit itself on a question of such magnithereof to the collector, and that they had no intention tude without detailed information. He was as of violating any law; that the merchandise, notwith- much opposed to raising standing armies now, as standing the fair and open procedure of the petition-be had been in the reign of terror. He had seen ers, was taken into the custody of the revenue officers, too much of the corruptions attendant on these esand that, on a petition to the Secretary of the Treas-tablishments, in the course of the investigation in ury, in conformity to the act, entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities accruing in certain cases therein mentioned," he decided that the said merchandise should be delivered to the petitioners, on their payment of costs, double duties on the articles imported contrary to law, and a sum equal to the extra duties imposed by this decision, for the use of the custom house officers at New York; with which decision the petitioners complied. They now pray the National Legislature that the sums of money which they have been made to pay, over and above the legal duties, may be refunded. The committee can see no great hardship in this case. The merchandise seized was prohibited, and the whole importation, had a prosecution been instituted, would have been condemned as an importation contravening the provisions of the act, entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes," passed the 1st day of March, 1809. The petitioners or shippers must have known that the merchandise was liable to seizure prior to the shipment of the same at London for the United States, the shipment having taken place more than three months subsequent to the passage of the abovementioned act. So far from being liable to the charge of rigor in the application of law to the petitioners' case, the committee are of opinion that the Secretary of the Treasury exercised the powers with which he is by law invested, with great moderation. which he was engaged, not to disclaim all share in the creation of them. The people of the United States could defend themselves, if necessary, and had no idea of resting their defence on mercenaries, picked up from brothels and tippling housespick pockets who have escaped from Newgate, &c., and sought refuge in this asylum of oppressed humanity. He contended that this resolution contained an unconstitutional proposition, and that the standing army now in the service of the United, States was maintained in the very teeth of that part of the Constitution which declares that no money for the support of a standing army shouldbe appropriated for more than two years. He again called for information as to the object of the army now proposed to be raised; declaring, that, if the President should say they were necessary for the protection of New Orleans, to be employed against the Indians, or to repel incursions from Canada, (although this seemed not to be much thought of,) he should not refuse to grant them, He declared the report to be a negative position, which could not be combated except to disadvantage. He wished to know the Constitutional resources of the committee, and expressed a hope that the remarks he had made would draw out the talents of that body. Mr. GRUNDY. I did not expect that the gentleman from Virginia would have made any inquiries into the motives or objects of that committee of which he himself was a member. He, sir, attended faithfully to his duty, and witnessed every step the committee took. He also saw the report before it was made to this House, and must have heard the exposition of our ulterior measures, as explained by our Chairman. Why, then, sir, shall he now affect not to understand us? Our object, by those who will listen, shall not be misunderstood. And, Mr. Speaker, as I have no political secrets. I feel no hesitation in declaring to you, to this House, and to the nation, the view I have taken of the subject. But before I do this, it is due to the committee that an explanation of their conduct should take place. So soon as the Committee on our Foreign Relations was appointed, we were forcibily impressed with the serious and highly responsible station you had assigned us; to that committee, consisting of nine members only, were not only the eyes of this House but of the nation turned; and from us, in this, the most troubled season our world has ever known, was it expected, that a course of measures would be recommended, calculated to protect the interests of seven millions of people. Under this impression, Mr. Speaker, we deemed it a duty to take time for deliberation; we thought it better to encounter the charge of having acted in a tardy and dilatory way, than to take a rash step, by which this nation might be plunged into difficulties, from which it could not be easily extricated. We therefore took the necessary time to weigh the arguments both for and against the measures we have recommended; and, as far as we were able, we surveyed the consequences which were to follow from the course we proposed. We foresaw, Mr. Speaker, that our countrymen were to fall in the meditated conflict, and that American blood was to stream afresh. Nor were we unmindful of the expenditure of public treasure. And, sir, what cost me more reflection than everything else was the new test to which we are to put this Government. We are about to ascertain by actual experiment how far our Republican institutions are calculated to stand the shock of war, and whether, after foreign danger disappeared, we can again assume our peaceful attitude, without endangering the liberties of the people. DECEMBER, 1811. and present an undivided front to the enemies of our country. Republicans should never forget that some years ago a set of men of different politics held the reins of this Government, and drove the car of State; they were charged with being friendly to standing armies in times of peace, and favorable to expensive establishments; not for the purpose of opposing foreign enemies, but to encourage Executive patronage, and to bring these forces to operate upon the people themselves. These measures alarmed the Republicans; they remonstrated, they clamored, they appealed to the people, and by a national sentence, the men then in power were taken down from their high places, and Republican men were put in their seats. If your minds are resolved on war, you are consistent, you are right, you are still Republicans; but if you are not resolved, pause and reflect, for should this resolution pass, and you then become faint-hearted, remember that you have abandoned your old principles, and trod in the paths of your predecessors. According to my view of this subject, Mr. Speaker, we now stand on the bank; one movement more, the Rubicon is passed, we are in Italy, and we must march to Rome. As a member of the committee, I feel no hesitation in saying, that if there be a member here, not determined to go with us, to the extent of our measures, I prefer now to take my leave of him, rather then be deserted when the clouds darken, and the storm thickens upon us. This admonition I owed to candor-I have paid it, not because I doubted; my purpose is settled, my mind reposes upon it. I may be in an error. If I am, I hope my country will for give me. From my God I shall never need it, because he knows the purity of my motives. I will now state, the reasons which influenced the committee, in recommending the measures now before us. It is not the carrying trade, properly so called, about which this nation and Great Britain are at present contending. Were this the only question now under consideration, I should feel great unwillingness (however clear our claim might be) to involve the nation in war, for the asserAgainst these considerations, weighty in them-tion of a right, in the enjoyment of which the selves, your committee felt themselves constrained community at large are not more deeply concerned. The true question in controversy, is of to decide, influenced by existing circumstances of a character too imperious to be resisted: these I a very different character; it involves the interwill enumerate before I sit down. My business est of the whole nation: It is the right of exat present is to address a particular portion of the porting, the productions of our own soil and inSir, our vessels are lican members-and although what I am about France, and condemned by the British Courts of members of this House-I mean, sir, the Repub-dustry to foreign markets. now captured when destined to the ports of to say might be deemed impolitic on ordinary Admiralty, without even the pretext of having subjects of legislation, yet, at this time and on on board contraband of war, enemies' property, this occasion, it would be criminal to conceal a single thought which might influence their de- or, having in any other respect violated the laws termination. We should now, Mr. Speaker, forof nations. These depredations on our lawful comget little party animosities, we should mingle mitted, are not to be traced to any maxims or merce, under whatever ostensible pretence comminds freely, and, as far as we are able, commune rules of public law, but to the maritime suprewith the understandings of each other; and, the decision once made, let us become one people, tile and unjust policy of that country towards us, macy, and pride of the British nation. This hos DECEMBER, 1811. Foreign Relations. H. of R. is not to be wondered at, when we recollect that you, sir, who have often measured your strength the United States are already the second com- with his in forensic debate, can attest that he in mercial nation in the world. The rapid growth a good degree, was the pride of the Western of our commercial importance, has not only awak- country, and Kentucky claimed him as a favorite ened the jealousy of the commercial interests of son. For his loss, with those who fell by his Great Britain, but her statesmen, no doubt, anti-side, the whole Western country is ready to cipate with deep concern, the maritime greatness of this Republic. The unjust and unprecedented demands now made by Great Britain, that we shall cause the markets of the Continent to be opened to her manufactures, fully justifies the views I have suggested." That we as a neutral nation should interfere between belligerents in their municipal regulations, will not be contended for by any one. From the course pursued by that nation for some years past, it evidently appears, that neither public law nor justice, but power alone, is made by her the test of maritime rights. What, Mr. Speaker, are we now called on to decide? It is, whether we will resist by force the attempt, made by that Government, to subject our maritime rights to the arbitrary and capricious rule of her will; for my part I am not prepared to say that this country shall submit to have her commerce interdicted or regulated, by any foreign nation. Sir, I prefer war to submission. Over and above these unjust pretensions of the British Government, for many years past they have been in the practice of impressing our seamen, from merchant vessels; this unjust and lawless invasion of personal liberty, calls loudly for the interposition of this Government, To those better acquainted with the facts in relation to it, I leave it to fill up the picture. My mind is irresistibly drawn to the West. march; they only wait for our permission; and sir, war once declared, I pledge myself for my people-they will avenge the death of their brethren.. Another consideration drawn from our past conduct demands the course we have proposed. In the year 1808, Congress declared that this nation had but three alternatives left-war, embargo, or submission; since that time no advantageous change has taken place in our foreign relations ; we now have no embargo, we have not declared war. I then say it, with humiliation, produced by the degradation of my country, we have submitted. Mr. Speaker, I derive no pleasure from speaking in this way of my country, but it is true, and, however painful the truth may be, it should be told. Another reason operates on my mind; we stand pledged to the French nation to continue in force our non-importation law against Britain ; without a violation of national faith we cannot repeal it. What effects is the operation of this law producing? It is demoralizing our citizens; men of commercial habits cannot easily change their course of life; those who have lived in affluence and ease cannot consent to beg for bread. No, sir, they will violate this law, they will smuggle; and, sir, in politics, as in private life, if you wish men to remain virtuous, lead them not into temptation. tremely. Ask the Northern man, and he will tell you that any state of things is better than the present; inquire of the Western people why their crops are not equal to what they were in former years, they will answer that industry has no stimulus left, since their surplus products have no markets. Notwithstanding these objections to the present restrictive system, we are bound to retain it-this, and our plighted faith to the French Government, have tied the gordian knot; we cannot untie it; we can cut it with the sword. This restrictive system operates unequally; some parts of the Union enjoy the same advanAlthough others may not strongly feel the tages which they possessed when no difficulties bearing which the late transactions in that quar-attended our foreign relations; others suffer exter have on this subject, upon my mind they have great influence. It cannot be believed by any man who will reflect, that the savage tribes, uninfluenced by other Powers, would think of making war on the United States. They understand too well their own weakness, and our strength. They have already felt the weight of our arms; they know they hold the very soil on which they live as tenants at sufferance. How, then, sir, are we to account for their late conduct? In one way only; some powerful nation must have intrigued with them, and turned their peaceful disposition towards us into hostilities. Great Britain alone has intercourse with those Northern tribes; I therefore infer, that if British gold has not been employed, their baubles and trinkets, and the promise of support and a place of refuge if necessary, have had their effect. If I am right in this conjecture, war is not to commence by sea or land, it is already begun; and some of the richest blood of our country has already been shed. Yes, Mr. Speaker, in one individual has fallen, the honest man, the orator, and the soldier. That he loved his country none can doubt he died to preserve its honor and its fame-I mean the late commander of the cavalry; This war, if carried on successfully, will have its advantages. We shall drive the British from our Continent-they will no longer have an apportunity of intriguing with our Indian neighbors, and setting on the ruthless savage to tomahawk our women and children. That nation will lose her Canadian trade, and, by having no resting place in this country, her means of annoying us will be diminished. The idea I am now about to advance is at war, I know, with sentiments of the gentleman from Virginia: I am willing to receive the Canadians as adopted brethren; it will have beneficial political effects; it will preserve the equilibrium of the Government. When Louisiana shall be fully peopled, the Northern |