1 FEBRUARY, 1809. Non-Intercourse. SENATE. be in keeping alive the embargo act, the supple-burdensome restrictions respecting their coastmentary embargo acts, and the enforcing statute, ing trade, excepting the collection districts adis to avail themselves of the military force, and jacent to the territories of a foreign nation, of the odious and oppressive provisions contained which are to remain subject to those restrictions, in them, to aid in the execution of this measure, adopted by this bill. amounting almost to a total prohibition of their coasting trade. No such exception is to be found in the Constitution; and if Congress may thus single out the ports of one district, why not those of a State, and thereby wholly arrest the commerce of a State which may be so unfortunate as to fall under the displeasure of the Administration? If the Constitution may be departed from Section eleventh of this bill authorizes the Pre-in one instance, what security is there that all sident of the United States, "in case either imposts, duties, or excises, shall be uniform-that France or Great Britain shall so revoke or mod-capitation or other direct tax shall be according 'ify her edicts, as that they shall cease to violate to the census-or that no tax or duty shall be laid 'the neutral commerce of the United States, to on the exports? As well, nay better, might a tax declare the same by proclamation; and there-or duty be laid on the exports of a particular port, 'upon cause to be issued letters of marque and 'reprisal against the nation thereafter continuing 'in force its unlawful edicts." The Constitution says, "The Congress shall have power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land or wa'ter." The exercise of this authority, given by this section to the President, to grant letters of marque and reprisal, is to rest on the revocation than that their coasting trade should be burdened according to the provisions of those several acts. I will close my remarks on the details of the bill with some notice of the nineteenth and last section, which seems to be a favorite one with the gentleman from Maryland, (Mr. SMITH.) because it repeals, after the end of the next session of Congress, the several embargo acts, and the enforcing statute. Sir, I have no confidence in this or modification of the edicts of France or Great provision. We find such a clause tacked to alBritain, so as not to violate the neutral commerce, most every bill which may hazard popularity. By of the United States. And this complicated examining the statute book, you will find a great question is left to the judgment and unlimited number of important laws resting on such a discretion of the President. His individual opin-clause; and before the close of almost every ses ion on the nature of a variety of edicts not specified, and which will admit of various constructions, is to govern. If the condition on which such a power was to be exercised, were some specified event, certain and precise in point of fact, which Mr. President, it has been with very great conis not this case, it might be questioned whether cern that I have viewed the progress of our affairs the Constitution would, even then, warrant Con-in regard to our foreign relations, since the disgress in delegating to the President the power of eussion on the resolution I had the honor to subdeclaring war, or of granting letters of marque sion we pass a short bill, containing perhaps three or four lines, further to continue such laws in force to the next or some future session of Congress. and reprisal. The thirteenth section provides that no vessel shall be allowed to go on a foreign voyage, unless, among other things, bonds are given, in some instances in double, and others in four times the value of the vessel and cargo; "nor unless every other requisite and provision of the second section of the act" (the enforcing act) "shall have been complied with." One of which is, that bonds shall be given to six times the value of vessel and cargo. It cannot be the intention that bonds, in some instances to eight, and others ten mit, for the repeal of the embargo. It is with deep anxiety, I contemplate the passing such an actas is now under consideration. The embargo has produced discontents of a very alarming nature. This bill, if it should unfortunately pass, may drive the people to desperation. The embargo has destroyed our commerce. This bill, if carried into effect, will destroy the benefits of commerce, and may involve us in war. If the provisions of the bill are not intended to be executed, it would be degrading to the Government, it would be dishonorable to pass it; as it would be holding out a lure, nay an invitation, to our citizens to become ion of the world. times the value, should be demanded; and yet I violators of our laws, and expose us to the deris may ask, how are you to get along with the pos- Section fourteen contains a provision directly one or two, perhaps, in the West Indies, the mar- third its value. British and other merchants Such articles of foreign growth and manufacture as were admitted would an exorbitant but many articles of indispensable necessity would be excluded altogether. It will be remembered, that, when the embargo bill was on its rapid march through the Senate, at the last session, I did not fail to warn them of the danger of passing such an act; for that an embargo could not and would not, for any great length of time, be executed. No, sir, the despotic power of Bonaparte could not execute it. Now that it is found it cannot be executed, the bill on your table is proposed as a substitute. Let me ask, can that be executed? I have no hesitation in saying it cannot and will not be executed. For if the laws will not admit the introduction of such articles of foreign growth and manufacture as are of indispensable necessity, they will be smuggled into the country, and the payment of duties avoided. Sir, Congress cannot control the elements; and they might as well attempt that, as to enforce such acts against the general interests and wishes of the people. The operation of such statutes will be to convert your merchants into smugglers, and your citizens into spies, prowling about like beasts of prey, seeking whom they may devour. Our country will be filled with seizures, our Federal courts crowded with suits for penalties and forfeitures, and our State courts with suits for damages. Many of our citizens possessing integrity and honor, too scrupulous to engage in such a traffic, might think of quitting their country, and seeking protection under some foreign Power, having laws of a milder aspect. FEBRUARY, 1809. peck of corn a week.* Men about whose sufferings we cannot feel indifferent. To find out the sufferings of this class of our citizens, you must not go to demagogues, political partisans, or office hunters, who always say what they think will please those in power; you must look behind the curtain which shields from public view domestic concerns and private sufferings. There is nothing which people more studiously conceal than that pinching poverty which compels them to beg charity of others. I have known families, who, from sickness or other misfortune, have been deprived of a regular supply of the necessaries of life from the labor and industry of him on whom they depend for support, who have almost perished with want, rather than go to the poor-house, or submit to be supported by the town; and for whose relief the most secret and delicate modes of bestowing charity have been resorted to. To convince the Senate that the sufferings of our people are real and not imaginary, I will state one piece of information from New Haven, on which may be placed the fullest reliance. During the present inclement season, hundreds of applicants for admittance into the poor-house have been denied. In ordinary times the poor-house would accommodate three times the number in it. Always, until now, it has been more than sufficient to accommodate all that were under the necessity of going to it. In addition to the provision made by the town, and the various charitable societies, resort has been had to the raising of money by subscriptions, to purchase wood and provisions, to prevent people from perishing with cold and hunger; a point of suffering this to which we were never reduced under all the pressure of the Revolutionary war; though in that time our little town suffered much, and was once sacked and plundered by the British army. This, for the moment, was distressing, but the usual occupations of its inhabitants, a sure source for the supply of their wants, not being taken away, they were soon able to procure for themselves the necessaries and many of the comforts of life. Sir, it is no pleasant spectacle to behold a flourishing little town, where, though wealth did not abound, a competency, derived from honest industry, made every man happy, reduced to such distress, and that, too, by the measures of their own Government. These sufferings are not confined to New Haven, they pervade all our commercial towns. from other places-descriptions which must touch the tender feelings of every heart not rendered callous by party spirit. From the patriotic city of Baltimore, where the embargo has been approbated, we have the following information, being an extract from the communication of the Mayor to the City Council: Let me entreat the Senate to pause, for a moment, and reflect whether they can have any assurance that there will, much longer, be a patient submission to such measures? Whether the burden is not already insupportable? And whether the sufferings of the people have not become intolerable? Some gentlemen have declared their disbelief of the accounts of the sufferings of the people. They do not believe that such sufferings exist, because the sufferers have not proclaimed them on the house-top. It is not men of wealth, who, under any circumstances, and in any times, can produce an abundance of the necessaries of life-or men in the receipt of ample salaries, which suffer no diminution from the embargo-or men who receive a per diem allowance, not depending upon commerce or agriculture for its continuance-about whom I feel an anxiety. Such men, though, by the embargo, they may be deprived of the opportunity of adding adding to g to the thou- I have seen very affecting descriptions of them sands already laid up in store, will not suffer want. It is the laboring people in the Northern and Eastern States, who depend on their daily occupations for the support of themselves and their numerous families, whose sufferings I regard. On this class of citizens we depend to do the labor of our country. Many of them, though in the humbler walks of life, are respectable; they are freemen; they add greatly to our strength and security in the hour of danger; for they are numerous and hardy, and bear arms; and, what is most to their honor, are always prepared, when their country calls, to go forth in her defence. These are men who cannot be turned off with a "The gentleman appointed to distribute the funds, have, with zeal and industry truly commendable, in every instance, in person, visited the families applying for relief, and extended the hand of charity to them, in * In the slave States the allowance for the subsistence of a negro, is one peck of corn per week. proportion to their several necessities, and the sums collected. In your wisdom and humanity, I confidently repose for further relief; as the reports of the gentlemen appointed to visit them are truly distressing to the feelings of humanity, both as to their numbers and their necessities." In this same paper, I find the following ac count: "The Marine Society of Philadelphia have discovered upward of one thousand objects of charity, who, from a state of comfort, have been reduced to the lowest abyss of poverty." I shall not take up the time of the Senate in noticing other official accounts of suffering equally distressing. It will be doubly afflictive to the people to find our Government obstinately bent on measures which have produced so much individual distress, after they are acknowledged to have failed to produce the desired effect on foreign nations. This will seem to be more than trifling with their sufferings; and I will not be answerable for the consequences. For my part, I believe the point of suffering is as great as can be endured; and may I not be permitted to ask the question, whether much more ought to be endured? I am not one of those who advocate the doctrine of passive obedience and non-resistance; or that oppression, even from our own Government, is not to be resisted. I do believe that it is not only justifiable, but a paramount duty to resist, whenever the oppression becomes intolerable, or unconstitutional measures, which strike at the foundation of civil liberty, are attempted to be enforced. This doctrine is not new, sir, it is the doctrine which our ancestors brought with them to New England, and have handed down to us as our most precious birthright; an invaluable inheritance to freemen, which I hope neither we nor our children will ever be induced to surrender. To show that the doctrines which I have advanced, and the opinions I entertain, are not peculiar to New England, I will take the liberty of reading what was said by Earl Chatham, one of the greatest statesmen England ever knew, when oppressive and unconstitutional measures were, by an administration of that country, attempted to be enforced. And, surely, gentlemen will not say the Constitution and Government England more friendly to liberty, and the free expression of opinion, than the Constitution and Government of the United States. Parliamentary Debates, volume 29, page 50: "My Lords, I need not look abroad for grievances. The grand capital mischief is fixed at home. It corrupts the very foundation of our political existence, and preys upon the vitals of the State the constitution has been grossly violated the constitution at this moment stands violated. Until that wound be healed, until the grievance is redressed, it is vain to recommend union to Parliament-in vain to promote concord among the people. If we mean seriously to unite the nation within itself, we must convince them that their complaints are regarded, and that their injuries shall be redressed. On that foundation, I would take the lead in recommending peace and harmony to the people. On any other, I would never wish to see them SENATE. united again. If the breach in the constitution be effectually repaired, the people will of themselves return to a state of tranquillity. If not, may discord prevail forever! I know to what point this doctrine and this language will appear directed. But I feel the principle of an Englishman; and I utter them without apprehension or reserve. The crisis is indeed alarming: So much the more does it require a prudent relaxation on the part of Government. If the King's servants will not permit a Constitutional question to be decided on, according to the forms, and on the principles of the constitution, it must then be decided in some other manner; and rather than it should be given up, rather than the nation should surrender their birthright to a despotic Minister, I hope, my Lords, old as I am, I shall see the question brought to issue, and fairly tried between the people and the Government. My Lords, this is not the language of faction; let it be tried by that criterion, by which alone we can distinguish what is factious, from what is not-by the principles of the English constitution. I have been bred up in these principles; and know that, when the liberty of the subject is invaded, and all redress is denied him, resistance is justified." When the Parliament of England were attempting to enforce these unjust and oppressive measures on the Colonies, which caused resistance, and terminated in our Revolution and independence, Lord Chatham, this friend of civil liberty, said in the House of Lords, "I rejoice that the Colonies have resisted." An objection arises to this measure of non-importation and non-intercourse, from the circumstance of the strong resemblance it bears to that system of warfare which the nations of continental Europe have, under the auspices of Bonaparte, been induced to wage against England. Was not that a non-intercourse, and a non-importation of all articles the growth or manufacture of the British dominions? Will not this circumstance alarm the minds of the people? It may be said this measure, upon the face of it, purports to be against both belligerents, and is therefore impartial. Was not that the case also with the embargo? And has not that been found to be a measure in perfect unison with the wishes, feelings.and views of Bonaparte? It is in vain to deny it, he has been too explicit in his declarations on that subject to leave a doubt. Nay, sir, what he has in one said, taken in connexion with other known facts, has gone far to excite, in the minds of the people, portion of the Union, a suspicion, and I should be incorrect if I should say more than suspicion, that there was some secret understanding. Here let me remark that, I do not mean to accuse the Administration of anything inconsistent with our rights as an independent nation; for as such we have a right not only to co-operate but to form an alliance with France. If our Administration believed, as I know many do believe, that it would be a wise policy, should we not have cause to fear they would adopt that course? It is because I believe such a policy would be unwise, would be ruinous to the nation, that I wish to avoid everything that looks that way. I have said that what the Emperor of France, or, which is the same thing, what his confidential Ministers have said, taken in connexion with other SENATE. Non-Intercourse. matters known to us, has excited suspicion, that FEBRUARY, 1809. There are other circumstances which have excited alarm. I must speak out-times have become too serious to conceal anything; for I consider the vote which is about to be given, on this bill, as deciding the all important question of peace or war. When an opinion seemed to prevail, a little time since, that it would be necessary to repeal the embargo, those who are considered as the most confidential organs of the Administration, strenuously urged the first of June for the time of the repeal. And why? Not certainly on account of any advantage it could be to the people of the United States to postpone the repeal to that time. The real cause why the 1st of June was fixed on, is not for me to say; but I can tell you what is suspected by some of the people to be the reason; it is, that there may be time for the despatch vessel to go to France and return; so that some arrangement may be made as to a substitute for the embargo, that the Emperor may not take umbrage at the repeal. These suspicions are much increased by a report which is in circulation, for the truth of which, however, I cannot vouch, that the Private Secretary of the President is to be the bearer of the despatches. It can hardly be supposed that this confidential agent of the President should be sent on the mere errand of a post-boy. People fear some private agency, some secret negotiation, which may ultimate in linking the destinies of our country to those of France. An idea which is terrifying to them; for, as it regards our liberties and our free Government, the embrace of France would be the grasp of death. Bonaparte will never rest satisfied to see the people of any country in the enjoyment of liberty. The name of a free Republic is a s a living reproach to him. Other questions are asked, which I am not able to answer; such as, why the next session of Congress is fixed on the fourth Monday of May? Whether it is not to give time for the despatch vessel to go and return? Whether the plan of going to war with both the belligerents was not with an understanding with one nation that it was to be merely a nominal war? And whether, in any other point of view, the idea of going to war with two such powerful belligerents, at the same time, was not too ridiculous to be seriously entertained for a moment? On the last point, I have information perfectly satisfactory to my mind, that such a war would not be objected to on the part of France. Sir, the bill before you is war. It is to suspend all intercourse, to put an end to all the relations of amity. What is that but war? war of the worst kind-war under the disguise of non-intercourse, which is only a milder mode of declaring it. If we must have war, let it be an open war. Let gentlemen come forward with a bold and manly front and declare war; and not attempt, in this covert manner, to decoy and deceive the people into war. I honor the open conduct of the gentleman from Virginia: he has not hesitated to declare that his sentiments and wishes are for "That the rigor of these measures is a new proof of the faithfulness of this Power (the United States) to its former friendship with the French empire; of its attachment to the general interests of Europe, which are likewise its own, as one of the great means of accelerating a maritime peace, by the impossibility which it presents to the common enemy of the means to continue the war." This proclamation must have been issued in consequence of orders and instructions from the Emperor; for his officers do not act in his name without orders; and those orders must have been issued in consequence of his previous knowledge that an embargo was to be laid; because there was not time, after the embargo act arrived in France, for such orders to have reached Guadaloupe before the issuing of this proclamation. Another circumstance, which made some impression, was the unceasing effort, during the last session of Congress, to convert the embargo into a non-intercourse. Expecting, no doubt, that, by cutting off all remittances, by land as well as by sea, the merchants would cease to send out their goods. If this bill passes, we shall have adopted the very measures which have been required by the French Emperor of other neutral nations, and it will be considered as furnishing irresistible evidence to confirm those existing suspicions. war. If I entertained the same opinion of the conduct of our Administration, and of foreign nations, as he has declared, I would join him heart and hand for a declaration of war. But, sir, the policy of our country is pacific, as I hope it always will be. The nation will not consent to go to war until all honorable and fair means have been attempted to settle differences by negotiation-a negotiation conducted in a manner that shall evince the most perfect sincerity and justice. An Administration that should commence a war, against public sentiment, would assume an awful responsibility, and bring on themselves and their country inevitable disgrace. Even the monarchy of England cannot sustain a war that is unpopular. The gentleman from Virginia has, in pathetic strains, invited us; he has in emphatic language called upon all parties to unite in supporting the cause of our country. In the cause of our country we will unite. The American people will all unite in supporting our nation's independence, and in the support of our rights. In no portion of this Union will the people be more united, or more obedient to such a call than in New England. They will not surrender, but with their lives, either to foreign domination, or domestic despotism, their unalienable privilege of freemen, their birthright. But, sir, there is a manifest difference between a call to support our country's cause-and a call to support the measures of an Administration. The former is peremptory and irresistible. But the latter is not entitled to the like support, un less its measures are founded in justice, wisdom, and sound policy. The people of New England have sufficient discernment to distinguish between the Constitution of the United States and the Administration-between their country and the Administration of its Government. They cannot be induced to sacrifice their best interests to support the failing projects of an Administration whose political character and influence, and not the honor and interest of the country, are at stake on the measures now proposed to be enforced. An Administration to be just must be sincere and impartial, both toward foreign nations and our own citizens. Conscious of this truth, the gentleman from Virginia has declared, in the most decisive language, that the present Administra tion have been both sincere and impartial, and has challenged us to adduce proof to the contrary. As the gentleman from Delaware (Mr. BAYARD) has so ably and so conclusively proved the insin cerity and partiality of the Administration, as regards foreign nations, I shall not take up the time of the Senate on that point, but confine myself to a very few remarks upon the insincerity and partiality which have been practised upon our own citizens. May I not ask, whether the commencement of this Administration was not distinguished by circumstances which might well excite doubts of Executive sincerity? In the "All will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable, that the minority possess equal rights, which equal laws must protect, and to violate would be oppression. Let inaugural speech, we were told: SENATE. us, then, fellow-citizens, unite with one heart and one mind, let us restore to social intercourse that harmony and affection without which liberty, and even life itself are but dreary things. And let us reflect that, having banished from our land that religious intolerance under which mankind so long bled and suffered, we have yet gained but little, if we countenance a political intolerance, as despotic, as wicked, and capable of. as bitter and bloody persecution. We have called by different names brethren of the same principle. We are all Republicans we are all Federalists. Equal and exact justice to all men, of whatever state or persuasion, religious or political." I was so credulous as to believe all this sincere. I went home, and was active and in earnest to propagate the same opinion among the people of the State to which I belonged. The people were prepared not only to support the Constitution and Government of their country, which th they will always do, but such an Administration as they understood, from the inaugural speech, we were to have. A few months only elapsed, however, before there was displayed a spirit of intolerance and party spirit, which filled them with astonishment. Persons, old Revolutionary characters, were di placed, not for want of talents or integrity to the due execution of their offices, nor for any neglect or infidelity in the performance of their duty. Whether such removals were merely on account of political opinion, or because such men would not be obsequious to the particular and private views of the Executive, I leave to others to explain. Though eight years have elapsed, this political intolerance has not ceased; during this very session we have been called upon to sanction appointments to fill vacancies made by such removals. Like partiality and injustice have been practised toward citizens of the United States in regard to appointments to new offices. I will not take up the time of the Senate in enu merating cases. The appointments of the present session are fresh in the minds of every member of this body. Unfortunately, the time has never yet arrived, when the only inquiry was to be, "is he honest, is he capable, is he faithful to the Constitution." Sir, an Administration thus conducting is not entitled to support; and an Administration thus managing affairs of a nation will not ultimately be supported. I shall next inquire in what has consisted the wisdom of the Administration as regards their adopted, and are now proposed to be extended and enforced, for they are links of the same chain, and as they regard foreign nations, are feeble; and, as far as the experiment has been made, have proved wholly inefficient. While at home they have prostrated a flourishing commerce-destroyed measures? Those measures which have been both our revenue and our res resources-paralyzed private enterprise and honest industry-given exposing the honest, industrious, unsuspecting encouragement to fraud, deception, and violence; citizen, to become the dupe and the prey of unprincipled speculators-deprived many of our fellow-citizens of the means of gaining a subsistence and rendered them incapable of contrib i ! |