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lytes to it; for he had no hesitation candidly to own, that to its fate he felt almost an entire indifference; he cared very little whether it should be passed or rejected. But as he had made up his mind to vote for the bill, it became necessary, in consequence of observations that had fallen from its particular advocates and patrons, to offer some explanation, for the purpose of obviating improper constructions, and of preventing the erroneous inferences and implications, with which they seemed disposed to entangle and embarrass the course he had determined to pursue. He wished also to state his view of the true character and nature of this bill, and to assign the reasons that had influenced his determination to vote in favor of it, although he felt very little interest about it, and therefore did not profess to be one of its advocates.

This bill, Mr. G. said, had been advocated on the ground of its intrinsic wisdom and excellence, as a permanent navigation system for the United States; and, also, of the peculiar fitness of its provisions to the present state of our foreign relations, in reference to the war in which we are involved. As to its merits, when viewed in the first of these characters, he had little to say. With out pretending to that extent of information, or possessing any of that experience in commercial affairs, which would qualify him to decide on the policy and wisdom of any system of that sort that might be presented to his notice, he would only observe, that he had always supposed it would be beneficial in a national view, gradually to exclude foreign seamen from our vessels, as soon and as extensively as could be consistent with the practical convenience of our merchants. Such a regulation, by excluding foreigners from coming into competition with native American seamen, and thus giving to the latter the encouragement to which they seemed justly entitled, he believed would be attended with the obvious and great national advantage of raising up, in a few years, a numerous and hardy race of real American sailors, adequate both to the commerce and the defence of the country. If the provisions of this bill were calculated to produce that effect, of which he did not pretend to be a competent judge, they would, so far, receive his approbation.

It was, Mr. G. said, in the second character assigned to it, that the object he had in view made it necessary for him to consider it, and the observations upon it, to which he had before alluded. It has been represented, as intended to hold out to the nation with which we are at war, and to our own citizens, the ultimatum on the subject of seamen, on which the American Congress deem it necessary to take a final stand, and from which they are determined never to recede; and as thus containing a pledge to the world never to sheath the sword now drawn until this ground shall be conceded to us by our enemy. Giving to the bill this aspect, much pains have been taken to inculcate, and to impress the opinion, that all those who vote for it, become thereby committed to join, heart and hand, in sup

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porting and continuing the war, at all hazards and to any extent of time, until Great Britain shall accede to the terms it holds out. This doctrine is advanced by the Committee of Foreign Relations in their elaborate report or manifesto. which he was sorry he could not get committed with the bill, in order that an opportunity might be afforded for an attempt to correct the fallacy of some of its statements, and has been urged and much dwelt upon by the honorable gentleman from Tennessee (Mr. GRUNDY) who acts on this occasion as chairman of that committee, and has been the principal, indeed almost the only zealous patron of this bill in all its stages. His principal inducement, Mr. G. said, to rise on this occasion, was to obviate any such false conclusion, and to protect himself, and such of his political friends as might adopt the same course with him in relation to this bill, from having any such improper construction given to their vote. For himself he deemed it his duty to declare, in the most explicit manner, that he did not intend thus to commit himself, and to protest against any such false and injurious inference. No, sir, said Mr. G., we are not to be entrapped in this manner, either by the logic of the Committee of Foreign Relations, or the ingenuity of the gentleman from Tennessee, into an engagement or pledge to give countenance to the continuance of this precipitate, ill-advised and disastrous war, this curse to the nation, this poison of its prosperity and happiness, on such grounds and for such objects as are held out in this bill; grounds on which we could not, consistently with the duty of fidelity to our country, have originally concurred in the declaration of war, and on which we cannot now advocate its continuance, because they are not truly and purely American. Permit me, sir, said he, in order to show this, to call the attention of the House to the particular provisions of that part of the bill, in which the ground is taken in relation to the controversy about seamen.

The first section of the bill, after a general prohibition to employ on board of public or private vessels of the United States, any persons whatever, goes on, by way of exception, to state the several descriptions of seamen, for the privilege of employing whom in our vessels and for the personal protection of whom by the mantle of our flag, we are, according to the manifesto of the Committee of Foreign Relations, and the doctrine of the gentleman from Tennessee, to wage eternal war, until this point is conceded to us. They are embraced in three classes: 1. Native American seamen; 2. Foreigners by birth, who are now, or shall become citizens by naturalization before the termination of the present war by a treaty of peace; 3. Foreigners who shall pending the war, notify, in the manner prescribed by existing laws, their intention to become naturalized; to which may be added a fourth class, resulting from the necessary construction, and manifest import of the 2d section, viz: 4. All those foreigners who shall come to this country after the termination of the present war, and

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FEBRUARY, 1813.

Regulation of Seamen.

H. of R.

become naturalized in the manner prescribed by already really naturalized, he should wish to prothis bill, that is, after five years' continued resi-tect them in any arrangement that might be made dence within the limits of our country. Taking upon the subject of seamen; and he believed this bill, then, as having particular relation to the there would be no difficulty in doing so. They present controversy with Great Britain, and the were too few in number to form an inducement to either nation for the continuance of a war so term, seamen, as used in reference to the same controversy, we are called upon to commit our- distressing and injurious to both. It appears from selves to wage an endless war, for the protection the official document, that has been furnished by our flag, of-1. Native Americans; 2. British from the Department of State, that the whole born subjects, who now are, or shall be natural- number of those, of all nations, who have regisized before the end of the war; 3. British born tered themselves as naturalized seamen for the subjects, who shall, at any time during the war, last seventeen years is but one thousand five hundeclare their intention to become naturalized; 4. dred and thirty. What number of these were naBritish born subjects, who shall come here after tives of the British dominions, or how many yet the war, and become naturalized after five years' remain in American employment, it was imposcontinued residence in the country. On the sub-sible to ascertain. But, making a reasonable alject thus presented to view, he availed himself of lowance for deaths and removals, he thought it this opportunity, candidly and explicitly to ex-probable, that not a sixth part of the individuals press his sentiments, and to state his views of the thus registered were now in our service; and of true policy of this nation, and the duty of the these he did not believe that one in twenty had American statesman. For the protection of the been duly naturalized, according to the spirit and first of those classes of men, the native Americans, intention of our laws, by five years' actual resiwhom alone, Mr. G. said, of the whole enumera- dence in our country. It is evident, indeed, that tion, he could consider as being fully and com- such residence could have been had but very rarepletely of the same political family with himself, ly by seafaring men, from the nature of their emhe would go as far as any rational man in that ployment; and in most, perhaps, almost every House, or in this nation. Such of that class of instance where they have been naturalized, it seamen as had not abandoned their native land, must have been on constructive residences, caland voluntarily transferred their allegiance or culating the required five years from their first services to some other country, he would secure, emigration to this country, and not deducting in all their rights, both of person and property, their intermediate absences from it on foreign against the violence and outrage of any foreign voyages; or upon false testimony as to the fact nation, whether at home or abroad, whether at of residence. We know, too, the loose manner sea or on land, by every practicable means afford- in which the business of granting protections has ed by the resources and strength of our country. been done in our custom-houses, and must, of He would protect them from impressment by the course, admit the probability, that many in the British; from compulsion by the French, by account transmitted, have been registered as natmeans of chains, imprisonment, and starvation, to uralized seamen, on parole evidence, certificates, enter on board their privateers, or serve in their or other than the only certain and proper evivessels of war, and also from the wanton burning dence; the authenticated act of the court, by of their vessels on the ocean. For the protection, which the individual was naturalized. This dehowever, of native American seamen from Brit- scription of foreigners, then, the naturalized British impressment, no war was necessary to be ish seamen, now in our service, were too inconmade, or is required to be continued. Great Brit- siderable an object to either nation to form an ain has never asserted a right to impress native insurmountable, or even considerable obstacle, to Americans. On the contrary, she has always the restoration of peace. With regard to the two disclaimed any such pretension; and, therefore, remaining classes of British seamen, to which a their protection affords no pretext for the contin- claim is asserted in the first and second sections uance of the war. They constitute no part of of the bill, that is, those not yet naturalized; the controversy between the two nations. It was there was still less reason in continuing the war the claim insisted on by Great Britain, and ob- on their account, because the tie, such as it was, jected to by our Government, to the seamen born that was to unite them with us in political conwithin her own dominions, and who owe to her, nexion, had not yet been formed, and notwithas she contends, a perpetual and inalienable alle- standing a notification of their intention, never giance, that form the real ground of the dispute. might be formed, and, therefore, no obligations And it ought to be distinctly known, to the Amer- had been incurred to them by our Govornment. Mr. G. said that with regard to the effects of ican people, that it was not for the protection of native Americans, but of those who were origin- naturalization, and the extent of the obligations ally British subjects, and who had become, or incurred by our Government to those acquired should declare their intention to become natural-citizens, he could not concur in the doctrine adized citizens of this country, that we are called vanced by some gentlemen. He could not conWith re-sider those obligations to be altogether as absoupon to carry on an interminable war. spect to those he could not admit that we were lute and unlimited, in the case of naturalized, as under obligations of protection, equally extensive, in that of native citizens; but that with regard and equally sacred with those that were due to to the former, they were, from the very circumour natural born seafaring brethren. As to those stances under which they were incurred,

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sarily to be understood with some qualifications. He considered naturalization as a conferring of American rights upon persons not entitled to them by birth, but not as a dissolution by the American Government of the ties by which those thus favored were originally connected with the Government under which they were born, and to which they had probably taken the most solemn oaths of perpetual fidelity. To dissolve these original ties is what the American Government certainly has no right to do, and therefore cannot fairly be considered as undertaking to perform. It is an affair between the alien and his natural sovereign or country, with which it is neither our right nor our policy to interfere, unless it be wisdom to enter into hostilities with the great mass of a nation in order to secure to ourselves a few of the individuals belonging to it; to make ten thousand enemies in order to obtain one professed friend. If the two parties to the original political compact, or connexion, choose, by mutual consent, to annul the bond of union between them, be it so; if one of those parties, viz: the citizen or subject, has power completely to sever the tie by his own act of abjuration, let him do so; let him swear away, if he can, his former obligation or his former oaths; we admit him into the American family only in such quality and such condition as he can come; and naturalization cannot be rationally construed to mean anything more. Mr. G., therefore, considered naturalized citizens as entitled, while they remained within our land, to all the immunities, the privileges, and protection of person and property, afforded by our Constitution and laws to our own native citizens. But when they should choose to leave the territorial limits of our country, and migrate again to other countries, or go upon the great highway of nations, he could not consider our Government as bound to protect them any further than was consistent with the general policy and real interest of our country; much less could he admit that there was any real obligation to hazard the prosperity, the welfare, and the happiness of our own people by engaging in quixotic wars to absolve and shield them from the allegiance or obligations they may owe to the Government or Sovereign of the country of their nativity. So long as they remain within our territorial limits, the mantle of the Constitution and the laws will protect them. When they choose to abandon those limits upon any speculations or enterprises of their own, and not in the national service, our Government is justifiable, if a regard to the general welfare of our country so dictates, in considering them as going at their own risk, and as their own insurers. This view of the subject, Mr. G. considered particularly applicable to the seafaring class of foreigners who seek employment in our vessels, and sometimes take oaths of allegiance to our Government. This description of wandering foreigners may literally be said to be of no nation. Whatever oaths they may swallow, they imbibe no attachment with the allegiance they may so profess; they feel the sa

FEBRUARY, 1813.

credness of its obligations to no country. Interest is their impelling motive. When their nation is engaged in war, they fly to some neutral flag, under which they may obtain better wages, and greater personal safety. If abjuring their former allegiance, and taking new oaths of fidelity, be necessary to their obtaining these advantages, they hesitate not to do it, and they shift their service, their allegiance, and their oaths, as often as those inducements may require. They were Englishmen yesterday, they are Americans today; they are Swedes or Danes to-morrow. And is it, said Mr. G., for this description of seamen that we are to be entrapped by this bill into a pledge to support and continue the war? Is it for such an object that the administrators of our Government wish to keep us involved in our present calamitous situation? He again positively denied that a vote in favor of this bill could be fairly considered as so committing those who should give such a vote, and for himself protested against any such construction being put upon the vote he should give. That vote notwithstanding, he reserved himself at large, on all future measures growing out of this war, to act in such manner as the convictions of his own mind might induce him to believe best for the interest and honor of his country.

Mr. G. said he would now ask leave to state in a few words his view of the character of this bill, and to assign the reasons that would influence him to vote in favor of it. He could not help here observing that its principal advocate and patron, (he would not say its author, as he believed it to be of higher origin,) the gentleman from Tennessee, (Mr. GRUNDY,) had resorted to an extraordinary course of argument in support of a measure which he showed so much anxiety to carry. Commencing his observations with representing it as a peace measure, he had yet, in the course of his speech, been very explicit in declaring his entire disbelief that it would produce that desirable result, and had dwelt, with much consolation, on the expectation that, if it should not result in peace, it would certainly have the effect to take the ground from under the feet of the opponents of the war, to destroy their political standing and influence, and to unite public sentiment in support of the Administration, and the present majority in Congress, and in favor of their war. If the gentleman wished the aid of the minority, or friends of peace in that House, in passing his favorite bill, it was a singular argument to address to them, that he was sure it would not produce the effect he knew they so much desired; but that, at any rate, it would destroy their popularity, and deprive them of the political confidence and support of their fellow-citizens. Perhaps, however, there was more address in the gentleman's course than at first view was obvious. To secure the passage of his bill he had to conciliate the good will towards it of very opposite political feelings and sentiments in that House; he had to seek support for it among the friends of peace, and the advocates of war. Probably he calculated so

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H. of R.

much on the anxiety of the minority to see the of it were to be collected. He would call the blessings of peace restored to their distressed attention of the House to another section, which and suffering country, as to believe that they had not been noticed by any gentleman in the would be willing to receive almost any measure debate upon it, and which, in his views, materithat professed to be intended to effect that desi- ally altered the character and effect of it. He rable object, with whatever hazards to themselves here read the 9th section of the bill, which is in the attempt might be attended. He certainly these words: "and be it further enacted that nodid them only justice, if he supposed them will-thing in this act contained shall be so construed ing to submit to any personal privations for the as to prevent any arrangement between the public good, and to sacrifice any personal advan- United States and any foreign nation which tages, even their popularity, to the chance of pro- may take place under any treaty or convention, moting the prosperity, peace, and welfare of their made and ratified in the manner prescribed by country. As to the war men in that House, he, the Constitution of the United States." By perhaps, expected to conciliate a portion of them, this clause it will at once be perceived that the by declaring that his peace bill would not pro- President, in any negotiation, is released from a duce the professed effect, but would certainly restriction to the terms of the first and second have the sweeter effect to sustain the Adminis- sections of the bill. Congress, so far as an extration, and the party now in power, and to put pression of their opinion goes, gives him an undown their political opponents. However these restrained authority-a carte blanche-in relaarguments might operate with the different sides tion to regulations about seamen, and the conof the House, Mr. G. believed with the gentle- troversy about impressment, notwithstanding the man from Massachusetts (Mr. QUINCY) that this particular provisions of the former part of the bill, which nobody fully understood, and few bill. And taking the whole bill together, upon a 1 cared about, would, like the famous non-inter- fair construction, if there is any commitment at course law, which was equally unintelligible, and all resulting from an affirmative vote upon it, it equally the object of indifference, with very few is a commitment, not to continue the war, at all friends, obtain a very strong vote. As that law, events, until the terms of the first and second contrary to general calculation at the time of its section shall be agreed to by our enemy, but to passage, at last involved us in the war, possibly sanction any arrangements the President may the present bill might, though he had little hopes make about seamen, which shall produce a peace, that it would in the hands to which it was to be however it may deviate from those terms. For committed, as unexpectedly extricate us from if it was the absolute and unconditional deterthe war. To state candidly his view of the bill, mination of Congressmen to recede from those Mr. G. said he considered it, with the manifesto terms, to make them the sine qua non of a terthat accompanied it, as a Cabinet measure, the mination of the war, why give to the President act of the Administration; professing to be adopt-and Senate the express power by treaty to devied for the purpose of bringing about peace, but, in truth, aiming with much more anxiety at a different object. It seemed to him to be a sort of political adventurer, sent out to catch what it may; peace, if it may so happen; if not, what is perhaps more desired-popularity to the war and its authors. As to its producing peace, he had very little expectation of its having that effect. The restoration of that blessing is to be looked for only from the people themselves. Whether it was sincerely intended for that object, he would not pretend to say. It was, however, this character that it had assumed, of being a peace measure, that would induce him to vote for it. He considered the Administration as saying, substantially, to the Representatives of the people, by the proposal of this measure, we wish the instrumentality of such a bill as this, to enable us to extricate the country from the war in which it was involved. If they were sincere in this intimation, and his vote would afford them any facility in the accomplishment of so desirable an object, they were welcome to it for that purpose. Such, he said, was the result of the first consideration he had given to this bill. Further and maturer reflection had confirmed him in the propriety of this course. Mr. G. said it was not from the parts of the bill which had hitherto been noticed, that is from the first and second sections only, that the true character and import

ate from them? It was such a power, Mr. G. said, as he ought to have; and it fixed upon the President, where it ought to rest, the responsibility of putting an end to the war on terms compatible with the real interest and honor of the nation. Let him look to it, that he discharges his duty to the nation with honorable and disinterested fidelity; that he does not sacrifice the interest and happiness of the native members of our political community, to a blind devotion to the views of imported brethren; and that he does not lose sight of an opportunity to restore to his country the blessings of peace and prosperity in endeavors to apply this bill, this instrument of his asking, to the purpose of obtaining popularity to his favorite war. Mr. G. said that the plain import and effect of this section, taken in connexion with the other parts of the bill, reconciled him to it, and he should give it his vote for the purpose of affording to the Government all the aid in his power to bring about a peace, which he had no doubt might be done on terms of adequate and satisfactory security to the rights of native American seamen. For wandering foreigners, he repeated, he would not, by any act of his, continue the calamities of this war upon the natives, the possessors, and the cultivators of the soil of this country.

Mr. RANDOLPH moved an adjournment, which was lost-yeas 34.

H. OF R.

Encouragement of Privateering.

Mr. R. was proceeding to address the Chair, when another motion to adjourn was made, and lost-yeas 56, nays 69.

FEBRUARY, 1813.

of his re-election to the Presidency of the United States, was read, and concurred in by the House; and Mr. MACON, Mr. TALLMADGE, and Mr. SEVIER, were appointed the said committee.

An engrossed bill to extend the time for issu

Mr. R. then spoke at some length in opposition to the bill; and the question on the passage of the bill was then decided in the affirmative-yeasing and locating military land warrants, was read 89. nays 33, as follows: the third time, and passed.

as defence.

YEAS-Willis Alston, jr., Stevenson Archer, Daniel Mr. WILLIAMS, from the Military Committee, Avery, Ezekiel Bacon, John Baker, William W. Bibb, reported a bill to authorize the President of the Abijah Bigelow, William Blackledge, Adam Boyd, United States to raise ten additional companies James Breckenridge, Robert Brown, William A. Bur- of rangers.-[The object of the bill is not in fact well, John C. Calhoun, Langdon Cheves, Martin to raise an additional force, but to convert one of Chittenden, Matthew Clay, James Cochran, Thomas the twenty regiments of infantry recently authorB. Cooke, Lewis Condict, Richard Cutts, John Daw-ized to be raised into rangers.] son, Samuel Dinsmoor, William Ely, James Emott, The bill was twice read. William Findley, Asa Fitch, Meshack Franklin, ThoMr. WILLIAMS then rose and enforced the nemas Gholson, Thomas R. Gold, Charles Goldsborough, cessity, under present emergencies, of the immePeterson Goodwyn, Edwin Gray, Felix Grundy, Bol-diate authorization of this force, as of a descripling Hall, Obed Hall, Aylett Hawes, Jacob Hufty, John tion particularly appropriate to the circumstances M. Hyneman, Joseph Kent, William Kennedy, Philip of the frontier, as well for the purposes of offence B. Key, William R. King, Lyman Law, Joseph Lewis, jr., Peter Little, Thomas Moore, Archibald McBryde, William McCoy, Samuel McKee, Arunah Metcalf, James Milnor, Samuel L. Mitchill, James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newbold, Thomas Newton, Joseph Pearson, Israel Pickens, James Pleasants, jr., Elisha R. Potter, William Reed, William M. Richardson, Henry M. Ridgely, Samuel Ringgold, Thomas B. Robertson, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer Seaver, Samuel Shaw, Daniel Sheffey, George Smith, John Smith, Richard Stanford, Philip Stuart, William Strong, John Taliaferro, Uri Tracy, Charles Turner, jr., Laban Wheaton, Leonard White, Robert Whitehill David R. Williams, William Widgery, Thomas Wilson, and Richard Winn.

NAYS-William Anderson, David Bard, Burwell Bassett, Harmanus Bleecker, Elijah Brigham, William Butler, Epaphroditus Champion, John Clopton, William Crawford, John Davenport, jr., Joseph Desha, Elias Earle, James Fisk, Isaiah L. Green, Thomas P. Grosvenor, Richard Jackson, jr., Richard M. Johnson, Abner Lacock, William Lowndes, Aaron Lyle, Alexander McKim, Stephen Ormsby, Timothy Pitkin, jr., Peter B. Porter, Josiah Quincy, John Randolph, Thomas Sammons, John Sevier, Adam Seybert, Lewis B. Sturges, Benjamin Tallmadge, George M. Troup, and Robert Wright.

Ordered, That the title be "An act for the regulation of seamen on board the public ships, and in the merchant service of the United States."

SATURDAY, February 13.

The bill was then ordered to be engrossed for third reading to-day; and was subsequently read a third time and passed unanimously.

a

The House then resolved itself into a Committee of the Whole on the bill directing the Secretary of the Treasury to remit certain fines, penalties, and forfeitures, therein mentioned. [For the relief of merchants having imported goods recently from the dependencies of Great Britain.] The bill was amended, reported to the House, and ordered to be engrossed for a third reading.

A Message was received from the President of the United States transmitting a statement of the militia of the United States, according to the latest returns received by the Department of

War.

ENCOURAGEMENT OF PRIVATEERING.

Mr. BASSETT, from the Committee on the Naval Establishment, made a report relative to the expediency of affording greater encouragement to privateering. The report is as follows:

That, in relation to the first inquiry, they find that, by the British statutes of the 13th and 27th of George the Second, the whole prize of each and every public armed vessel is given to the officers and crews making the capture; and they find this principle published by British proclamation, in relation to the present war

with the United States. The laws of the United States vol. 3, page 360, direct that, if a capture be made by an American public armed vessel, of equal or superior Mr. GHOLSON, from the Committee of Claims, force, the capturing vessel shall have the whole; in all reported a bill for the relief of Richard Dale; other cases of capture, one half is distributed to the offiwhich was read twice, and committed to a Com-cers and the other half is paid to the Commissioners of mittee of the Whole on Monday next.

the Navy Pension Fund, pledged, first, for the pay

the comfort and benefit of seamen. This fund for

The SPEAKER laid before the House a letterment of pensions, and the surplus to be disbursed for from the Secretary of the Navy, transmitting statements of moneys transferred during the late recess of Congress from one branch of expenditure to another branch of expenditure in the Navy Department; which were referred to the Committee on the Naval Establishment.

Navy pensions amounts to something more than two hundred thousand dollars, yielding an annual interest of fifteen thousand dollars; and the amount of pensions is from seven to eight thousand dollars; leaving a yearly balance of seventeen thousand dollars in favor of the fund, and this without the addition of the prizes The resolution from the Senate for the ap-made this war, which are known to exceed one hunpointment of a joint committee to wait upon the dred thousand dollars, and will probably amount to two President of the United States, and inform him hundred thousand dollars, so as to double the fund;

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