Newton, Wilson C. Nicholas, Josiah Quincy, John
Randolph, John Rhea of Tennessee, Matthias Rich-
ards, Samuel Riker, John Rowan, John Russell, Lem-

uel Sawyer, Ebenezer Seaver, James Sloan, Jedediah K.
Smith, John Smith, Samuel Smith, Henry Southard,
William Stedman, Clement Storer, Lewis B. Sturges,
Peter Swart, Samuel Taggart, Benjamin Tallmadge,
John Thompson, Jabez Upham, James I. Van Alen,
Philip Van Cortlandt, Nicholas Van Dyke, Archibald
Van Horn, Killian K. Van Rensselaer, Isaac Wilbour,

Marmaduke Williams, and Nathan Wilson.

The question recurring on Mr. GHOLSON'S mo tion, a division of the question was called for, so as to take the question first on striking out the words, "fourth of March."

FEBRUARY, 1809.

Van Cortlandt, Nicholas Van Dyke, Archibald Van Horn, Killian K. Van Rensselaer, and Nathan Wilson. Mr. J. G. JACKSON moved to strike out that part of the bill, giving the President power to raise the embargo whenever the deerees of the belligerents are so modified as to render the commerce of the United States sufficiently safe; to make way for the amendment, which he yesterday offered, authorizing the President to issue letters of marque and reprisal against the Power retaining in force orders and decrees whenever the other shall revoke its edicts. He observed that there could be no doubt that gentlemen would agree to strike out this clause, whether Messrs. MASON, J. G. JACKSON, and TROUP, ad- they agree to insert the substitute or not; for alvocated a protraction of the date. It would be the most every member who had voted for striking out the clause relating to letters of marque and greatest injustice to the ports at a distance from the seat of Government, not to give notice of the reprisal, bad assigned as one great reason that it passage of the law, and was in the face of the pro-king him judge of the events which might call gave the President a Legislative power, by mavision of the Constitution, which required equal into action that provision of the law. The same privileges to every port. Messrs. MASTERS, RANDOLPH, and QUINCY, contended for an early or im- objection certainly attached to that part of the mediate repeal, on the ground that the embargo section which he now proposed to strike out. was originally laid without notice: that if our produce was exported, it ought to be exported im mediately; and that the people of Canada, or the smugglers of Amelia island or elsewhere, should not have an opportunity to take advantage of the honest part of our citizens.

The question on striking out was negatived, yeas 47, nays 66, as follows:

YEAS-Evan Alexander, Willis Alston, jun., David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Thomas Blount, John Boyle, William Butler, Joseph Calhoun, Richard Cutts, John Dawson, Josiah Deane, Joseph Desha, John W. Eppes, Meshack Franklin, Thomas Gholson, jr., Peterson Goodwyn, James Holland, David Holmes, Benjamin Howard, John G. Jackson, Richard M. Johnson, Thomas Kenan, William Kirkpatrick, John Love, Nathaniel Macon, Robert Marion, John Montgomery, Thomas Moore, John Morrow, Thomas Newton, Wilson C. Nicholas, John Porter, John Rhea of Pennsylvania, John Rhea of Tennessee, Benjamin Say, John Smilie, Samuel Smith, Richard Stanford, John Taylor, George M. Troup, Robert Whitehill, Isaac Wilbour, David R. Williams, Marmaduke Williams, Alexander Wilson. NAYS-Ezekiel Bacon, Joseph Barker, John Blake, jun., Adam Boyd, Epaphroditus Champion, Martin Chittenden, Orchard Cook, John Culpeper, Samuel W. Dana, John Davenport, jun., Daniel M. Durell, James Elliot, William Ely, William Findley, James Fisk, Barent Gardenier, Francis Gardner, James M. Garnett, Isaiah L. Green, John Harris, William Helms, William Hoge, Reuben Humphreys, Daniel Ilsley, Richard Jackson, Robert Jenkins, James Kelly, Philip B. Key, John Lambert, Joseph Lewis, jun., Edward St. Loe Livermore, Edward Lloyd, Matthew Lyon, Josiah Masters, William McCreery, William Milnor, Jonathan O. Mosely, Gurdon S. Mumford, Thomas Newbold, John Pugh, Josiah Quincy, John Randolph, Jacob Richards, Matthias Richards, Samuel Riker, John Rowan, John Russel, Lemuel Sawyer, James Sloan, Jedediah K. Smith, John Smith, Henry Southard, William Stedman, Clement Storer, Lewis B. Sturges, Peter Swart, Samuel Taggart, Benjamin Tallmadge, John Thompson, Jabez Uphain, James I. Van Alen, Philip

The following is Mr. J.'s amendment: To strike out, after the words, "And be it further enacted.” in the first line of the eleventh section, as amended by the House, the following words:

66

That the President of the United States be and he hereby is authorized, in case either France or Great

Britain shall so revoke or modify her edicts, as that they

shall cease to violate the neutral commerce of the United States, to declare the same by proclamation: after which the trade of the United States suspended by this act, and by the act laying an embargo on all ships and vessels in the ports and harbors of the United States, and the several acts supplementary thereto, may be renewed with the nation so doing:"

And to insert, in lieu thereof, the words following. to wit:

"That in case either Great Britain or France shall revoke her edicts alleged to have been made in retaliation of the edicts of the other Powers, and violating the lawful commerce and neutral rights of the United States, the operation of this act, and also of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, and the several acts supplementary thereto, shall cease in relation to the nation so revoking, at the expiration of twenty days, to be computed from the date of the notice of such revocation United States; and letters of marque and reprisal shall, to be given by Proclamation of the President of the at the same time, be issued against the nation which shall continue in force its unlawful edicts, violating the lawful commerce and neutral rights of the United States."

The House adjourned, 60 to 35, without taking a question.

SATURDAY, February 25.

On motion of Mr. WILLIS ALSTON it was agreed that the bill sent from the Senate, entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes," together with the amendments agreed and proposed thereto, do lie on the table.

FEBRUARY, 1809.

Navy and Army Appropriations.

NAVY AND ARMY APPROPRIATIONS. The House resolved itself into a Committee of the Whole on the bill for amending the acts establishing the War and Naval Departments, and making an appropriation for the support of the Military and Naval Establishments for the year

1809.

H. OF R.

Montgomery, Nicholas R. Moore, Jonathan O. Mosely, Gurdon S. Mumford, Thomas Newbold, Thomas Newton, Wilson C. Nicholas, Josiah Quincy, Samuel Ri

ker, John Rowan, John Russell, James Sloan, John Smilie, William Stedman, Clement Storer, Lewis B. Tallmadge, John Thompson, Jabez Upham, James I. Sturges, Peter Swart, Samuel Taggart, Benjamin Van Alen, Philip Van Cortlandt, Nicholas Van Dyke, Archibald Van Horn, Killian K. Van Rensselaer, Daniel C. Verplanck, Isaac Wilbour, and Nathan Wilson.

Amongst other appropriations proposed by the bill is one for fortifications, in addition to the sum already appropriated at this session. Mr. NAYS-David Bard, Joseph Barker, William W. ALSTON proposed to appropriate one million of Bibb, Thomas Blount, Adam Boyd, Robert Brown, dollars. It was observed by Mr. BLOUNT that all William A. Burwell, William Butler, Joseph Calthe money had been already appropriated which houn, Matthew Clay, John Culpeper, Josiah Deane, was required by the Department of War. The Joseph Desha, Daniel M. Durell, John W. Eppes, appropriation was supported by Messrs. W. AL- James Fisk, Meshack Franklin, Thomas Gholson, jr., STON, VAN CORTLANDT, COOK, MASTERS, TROUP, Peterson Goodwyn, Isaiah L. Green, John Heister, NICHOLAS. and SMILIE, and opposed by Messrs. William Hoge, James Holland, Thomas Kenan, John BLOUNT, STANFORD, BOYD, and D. R. WILLIAMS. Lambert, Edward Lloyd, Nathaniel Macon, Robert The arguments in favor of this appropriation Marion, Jeremiah Morrow, John Morrow, John Porter, were the importance of permanent defence; the John Rea of Pennsylvania, John Rhea of Tennessee, defenceless state of many ports, particularly of Matthias Richards, Benjamin Say, Ebenezer Seaver, New York, which was the pride and boast of Samuel Shaw, Jedediah K. Smith, John Smith, Richthe State; the probability of war, which ap-R. Williams, Marmaduke Williams, and Alexander ard Stanford, John Taylor, Robert Whitehill, David peared now only to be delayed on our part from Wilson. the defenceless state of the seaports; that if war was now to take place, the people of the cities must fly to the mountains; that it might be sufficient to complete them all, and would be the last appropriation asked for.

The appropriation of $445,000 for repairing the frigates was objected to by Mr. MACON, but concurred in-ayes 63.

Mr. BLOUNT moved to amend the section appropriating for fortifications, by striking out the words "in addition to," and inserting "inclu ding," so as to include in the appropriation the sum of $450,000 already appropriated, instead of adding one million to that sum. He afterwards withdrew this motion, and moved an amendment, so as to authorize the contemplated line of York. He did this to ascertain the sense of the blocks and chains across the harbor of New House on this point, for he should have the same

The arguments against it were: that as much had been appropriated as could be expended with ordinary exertions; that the House appeared to be taking a course of recession, instead of resistance, and there was, therefore, no extraordinary appropriation for fortifications against attack necessary; that there were about 700,000 dollars liable to expenditure for this object previous to the next session of Congress; that even were twenty millions appropriated, there was no evidence that New York could be sufficiently forti-objection to this appropriation if that were the fied, or that gentlemen would be satisfied; that war was not delayed by the defenceless state of the seaports, but by the indisposition of mercantile men to go to war against foreign taxation on the produce of the soil-if it had been on ships or the shipping interest they would have been clamorous for war.

The Committee agreed to insert one million of dollars, by a majority of eleven votes. The bill being gone through, the Committee rose and reported it.

The question on the appropriation of one million of dollars for fortifications was taken, and decided in the affirmative-yeas 61, nays 45, as follows:

object of it. A sufficient number of members
not rising to give the yeas and nays on this ques-
tion, Mr. BLOUNT withdrew the motion and re-
newed his former motion; which was negatived-
yeas 49, nays 62, as follows:

William W. Bibb, William Blackledge, Thos. Blount,
YEAS-David Bard, Jos. Barker, Burwell Bassett,
Joseph Calhoun, Matthew Clay, John Culpeper, Jo-
Robert Brown, William A. Burwell, William Butler,
siah Deane, Joseph Desha, Daniel M. Durell, John
W. Eppes, James Fisk, Meshack Franklin, Thomas
Gholson, jr., Peterson Goodwyn, Isaiah L. Green,
John Heister, William Hoge, James Holland, Thom-
as Kenan, John Lambert, Edward Lloyd, John Love,
Nathaniel Macon, Robert Marion, Jeremiah Morrow,
John Morrow, John Porter, John Randolph, John Rea
of Pennsylvania, John Rhea of Tennessee, Matthias
Richards, Benjamin Say, Ebenezer Seaver, Samuel
Shaw, Jedediah K. Smith, John Smith, Samuel Smith,
Richard Stanford, John Taylor, Robert Whitehill, David
R. Williams, Alexander Wilson, and Richard Winn.

YEAS-Evan Alexander, Lemuel J. Alston, Willis Alston, jun., Ezekiel Bacon, William Blackledge, John Blake, jr., John Boyle, Epaphroditus Champion, Martin Chittenden, Orchard Cook, Richard Cutts, John Davenport jr., John Dawson, James Elliot, William Ely, William Findley, Francis Gardner, John Har- NAYS-Evan Alexander, Lemuel J. Alston, Willis ris, William Helms, David Holmes, Benjamin How- Alston, jr., Ezekiel Bacon, John Blake, jr., John ard, Reuben Humphreys, Daniel Ilsley, John G. Jack-Boyle, Epaphroditus Champion, Martin Chittenden, Richard Jackson, Robert Jenkins, James Kelly, Joseph Lewis, jun., Edward St. Loe Livermore, Josiah Masters, William McCreery, William Milnor, John

son,

Orchard Cook, Richard Cutts, John Davenport, jr.,
John Dawson, James Elliot, William Ely, William
Findley, Francis Gardner, John Harris, Wm. Helms,

not trade without coming and paying her a tax, where would be the limit to her extortion? If we were such dastardly wretches as to permit her to tax at will the great staples of the country, could it be supposed that she would ever allow us hereafter even to be the carriers of our own produce? Whatever present relief the bill might afford to the shipping interest, ruin would ultimately fall on every man who had anything at stake in the country. If we took no means to resist taxation he should be compelled to believe that what had been said was correct: that "the majority cannot be kicked into a war." And if some such measure as that proposed was not adopted, the assertion would stand as a damnable record to future ages. If we should hereafter be refractory, a foreign nation ought therefore not to send troops but men armed with whips to scourge us into obedience. He concluded by saying that he hoped the House would agree to postpone the consideration of the subject until Monday, that the amendments might be printed.

Mr. BASSETT also expressed his approbation of the proposition. There must be one of two intentions in the House, either to glide smoothly down the current of submission or take a higher ground, which must be war. Could it be believed that, if Great Britain maintained her system of excluding our commerce from the ocean, or subjecting it to heavy taxation, war was not inevitable? No man could conceal this fact from himself or from the nation.

Mr. D. R. WILLIAMS wished to offer an amend ment to the amendment, for the purpose of ascertaining the sense of the House on the subject of fighting. For this purpose he moved so to amend the bill as to authorize the President forthwith to use the public force, &c.

Mr. MASTERS opposed the postponement; he hoped the business would be finally concluded to-night.

The question being taken by yeas and nays on Mr. EPPES's motion for the postponement of the further consideration of the subject till Monday, there were for it 60, against it 60, as follows:

YEAS-Evan Alexander, Lemuel J. Alston, Willis Alston, jr., David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Thomas Blount, John Boyle, Robert Brown, William A. Burwell, William Butler, Joseph Calhoun, Matthew Clay, Richard Cutts, John Dawson, Josiah Deane, John W. Eppes, William Findley, Meshack Franklin, Thomas Gholson, jun., Peterson Goodwyn, Isaiah L. Green, James Holland, David Holmes, Benjamin Howard, John G. Jackson, Richard M. Johnson, Thomas Kenan, John Love, Nathaniel Macon, Robert Marion, John Montgomery, Thomas Moore, Jeremiah Morrow, John Morrow, Thomas Newbold, Thomas Newton, Wilson C. Nicholas,

John Porter, John Pugh, John Rea of Pennsylvania,

John Rhea of Tennessee, Jacob Richards, Matthias Richards, Lemuel Sawyer, Benjamin Say, Ebenezer Seaver, Samuel Shaw, John Smilie, John Smith, Richard Stanford, John Taylor, George M. Troup, Robert Whitehill, Isaac Wilbour, Marmaduke Williams, Alexander Wilson, and Richard Winn.

H. OF R.

Chittenden, Orchard Cook, John Culpeper, Samuel
W. Dana, John Davenport, jun., Daniel M. Durell,
James Elliot, William Ely, James Fisk, Barent Gar-
denier, Francis Gardner, Edwin Gray, John Harris,
John Heister, William Helms, William Hoge, Reuben
Humphreys, Daniel Ilsley, Richard Jackson, Robert
Jenkins, James Kelly, John Lambert, Joseph Lewis,
jun., Edward St. Loe Livermore, Edward Lloyd, Josiah
Masters, William Milnor, Nicholas R. Moore, Jonathan
O. Mosely, Gurdon S. Mumford, Josiah Quincy, John
Randolph, Samuel Riker, John Rowan, John Russell,
James Sloan, Jedediah K. Smith, Samuel Smith, Henry
Southard, William Stedman, Clement Storer, Lewis B.
Sturges, Peter Swart, Samuel Taggart, Benjamin Tall-
madge, John Thompson, Abram Trigg, James I. Van
Alen, Philip Van Cortlandt, Nicholas Van Dyke,
Archibald Van Horn, Killian K. Van Rensselaer,
Daniel C. Verplanck, David R. Williams, and Nathan
Wilson.

The House being equally divided, the SPEAKER decided in the negative.

Mr. J. G. JACKSON wished to postpone the consideration of this amendment, so as not to delay the progress of the bill. The SPEAKER declared that a part of a subject before the House could not be postponed.

Mr. D. R. WILLIAMS rejoiced in the opportunity of registering his vote for war. He observed that the embargo must be considered as perfectly failing except as the precursor of war. We had a much greater hold now on the belligerents than we should ever have again. We had changed the balance of the ledger completely during the embargo. They had before an immense property of ours in their hands; we now had of theirs. Permit the embargo to be removed, and they would again have the same hold on us, and we should not go to war next session. Rather than give them notice that we meant to make war upon them at a certain time, he would seize all their citizens and set them to work on our fortifications-act the Algerine to them. Their Governments played the Algerine on us, and would not we do the same to them? He would seize everything but the funds. If the House could abandon our rights in this manner, when every square foot of our ground was laid under contribution, they deserved to be scoffed at by the world.

Mr. GARDENIER declared the amendment offered by Mr. J. G. JACKSON, to be unconstitutional; because the power of declaring war belonged to Congress, and was a power which they could not delegate.

WILLIAMS's amendment, a division of the quesThe question being about to be put on Mr. tion was called for, so as to take it first on striking out.

for striking out, to destroy the hypothetical chaMr. RANDOLPH observed, that he should vote racter of the proposition. If we were to have war at all, it ought to be direct.

Mr. EPPES observed that the proposition of Mr. JACKSON was not contingent, but complete. It authorized the President to say to each nation, NAYS-Ezekiel Bacon, Joseph Barker, John Blake," withdraw your orders or decrees." If not, it junior, Adam Boyd, Epaphroditus Champion, Martin was war, and immediate war. Means for it were