DECEMBER, 1808. Enforcement of the Embargo. SENATE. munication of the French Government to the American Minister, exhibiting those wishes, has been laid before Congress. In the mass of other information communicated, has so important a document been accidentally overlooked? With regard to the other belligerent, the President speaks a plainer language. He says that to Great Britain, "whose power on the ocean is in the ascendant," it was stated explicitly, "that on her rescinding her orders in relation to the Uni tious-that it did not exist. I recollect that the gentleman from Virginia (Mr. GILES) has since suggested, that the calculations of my mercantile friend (Mr. Thorndike) of the rates of insurance must be incorrect; that now insurances were low, because the French have no inducements to send out privateers to depredate upon our commerce, as long as the embargo restrains it within our ports." To say nothing of the multitude of English merchant vessels, sufficient to excite French cupidity and lust for plunder, I will ob-ted States, their trade will be opened with her, serve, that my mercantile friend possesses as acute native discernment as the gentleman from Virginia, and, in mercantile knowledge, is most unquestionably his superior. My friend's calculations do not look back; they are prospective; formed on the risks to be run, if the embargo be removed, and the sails of our merchant vessels be again spread on the sea. and remain shut to her enemy-in case of his 'failure to rescind his decrees also." Indeed, Mr. President! Let our ships loose from our wharves, let them take in rich cargoes, and sail for all the ports on the globe-except those of France and her dependent States-when, according to the gentleman from Virginia, that temptation to plunder would fill the ocean with French privateers! But as the gentleman alike disregards such cal- I will recite the gentleman's words: "The reason culations, and the facts appearing at several insu-of the low insurance, is, that the French have rance offices (and among men of plain, practical no inducement to send out privateers, to depreunderstanding, these would be resorted to as sour-date upon our commerce, as long as the embarces of correct information;) seeing, I say, the gen 6 go restrains it within our ports-raise the emtleman from Virginia is not satisfied with this bargo, and the temptation to plunder would fill testimony, why did he not advert to an authority the ocean with privateers. The commerce would which he holds in the highest respect, the autho-stand little chance to escape the plunderers." rity of the President and Secretary of State? They have said, that Bonaparte's Berlin Decree was an "empty menace,” and that "France was without the means of carrying it into effect against the rights and obligations of neutral nations." But this also the gentleman passes by. Let me, then, mention one more statement. And yet the President, who professes so much solicitude for American seamen and American commerce, was willing, we have just seen, to suspend the embargo, and thereby expose our seamen, our vessels, and our merchandise, "these essential resources." and " with little chance to escape." to the plunder of French privateers, which would then fill the ocean! Into such contradictions will mankind be plunged, when the real object in view does not admit of a fair and candid disclosure. In the Message, at the opening of the present session of Congress, the President informed us, that his Ministers at London and Paris had been instructed to explain to the respective Governments his disposition to exercise his power of To recur to the question, What good will the suspending the embargo laws, in such manner as embargo do? How will it promote the public to open the way to a renewal of commercial in- welfare? That it is not necessary to preserve our tercourse-but that neither Government had ac- seamen, our vessels, and our merchandise, has cepted his offer. The instructions to his Minister been conclusively proved. Yet it is said that it in Paris, the President says, were necessarily must be continued, and if continued, that it must modified-but how he did not say; and from the be enforced with all the arbitrary regulations and obscurity of his language it would be impossible powers contained in the bill before us, and which to divine. By looking, however, to the corre- have been so strikingly described by the gentlespondence between Mr. Madison and General men who have spoken before me, in order to preArmstrong, perhaps we may discover the boon or serve our honor-" our national character, and boons offered to France, on condition of the Em-national independence." In my apprehension this peror's repealing his decrees. Mr. Madison says, that if France revoke her decrees, Great Britain, by following the example, would be obliged to restore to France the full benefit of neutral trade, or, by persevering in her orders, "render collisions with the United States inevitable." And General Armstrong says, in the like case, that "it may be fairly presumed the United States could no longer hesitate about becoming a party to the war against England." He adds, that if Great Britain should not obstruct our trade, the wants of France and her colonies would be supplied. If Great Britain should obstruct the trade, the wishes of His Majesty (the French Emperor) as expressed in February last, would be directly promoted." What were the wishes so expressed? No com is incorrect. I see, sir, a constant effort to identify our Administration with the nation, but they are essentially distinguishable. The errors of an Administration may bring mischief upon and hazard the ruin of a nation. Witness, at this moment, the brave and generous Spaniards, who, after suffering an age of depression, have been regenerated in a moment, as with an electric stroke, and, nobly rising, are now breaking the chains forged for them, upon the head of their oppressor. Who that has a heart-who that has any sympathy for human sufferings-who that respects the rights of self-government, inherent in every nation-will not bid them God-speed? I would say, go on, noble Spaniards, and be the instruments of Heaven to stay the ravages of the most ruthless tyrant that has scourged the European world, since the Roman Empire fell! I was saying, sir, that a nation and its administration are essentially distinguishable. It is necessary now to distinguish them in our own country. How has it been brought into its present state of embarrassment? Has it been without the agency of its Administration? For a series of years, sir, illusions have been industriously spread among the people. To dissipate those illusions, so far as was in my power, I have exposed myself to the slanders and reproaches of the ignorant, the base, and the unprincipled. But I am not by such means to be discouraged. Hitherto my attention has been confined to the embargo. It is that which immediately brought the nation into its present deplorable situation; and the only way to e-cape from it is, by making the distinction to which I have alluded. And I say, sir, that, while in the nature of things it is impossible for the embargo to vindicate the rights or the honor of the nation, its maintenance is deemed of the first importance to the Administration, who have staked their reputation upon it. Hence the unvaried efforts of the Administration and their partisans to impress the belief, that the British Orders in Council were the principal cause of the embargo. For they see that the documents originally laid before Congress as the cause, are utterly insufficient. But if those orders were the cause, the great primary cause, "before which all other motives sink into insignificance," it would seem to follow that the embargo must be continued until these orders are revoked. Hence, sir, it appeared to me of the last importance to show that the British Orders in Council were not the cause of the embargo; and impartial observers think I have shown it, by proving that when the embargo was recommended by the President, those orders were, in this country, unknown. But as some gentlemen persist in asserting the contrary, and on that ground advocate the continuance of the embargo, with the reinforcement of the bill on our tables, and that to be followed, I suppose, with a non-intercourse law, I must be permitted to adduce some further proofs. We have been gravely told that the French Emperor's Berlin Decree, declaring all the British isles in a state of blockade, could not be justified as a measure of retaliation against England, on account of her declaring in a state of blockade a certain extent of coast, the whole of which could not be invested and blockaded even by her powerful navy, because France had it not in her power to station a single ship before any one port in the British dominions; and that the Milan Decree of 1807 can still rest for its defence on the supposed acquiescence of the United States in the British Orders of the preceding month, "since those orders, which have not been acquiesced in, were not even known in America at the date of the decree." Now gentlemen will be pleased to recollect, that the French Emperor's Decree of Milan bears date on the 17th of December, 1807; and that on the very next morning, December 18th, came the President's Message to both DECEMBER, 1808. Houses of Congress, recommending the laying of an embargo. Now, if the British Orders were unknown in America on the 17th of December, what man of common sense will believe that the plan for imposing the embargo (a plan fraught with such extensive and terrible consequences) recommended by the President in the morning of the 18th, had for its basis the British Orders in Council, which were not known in America on the next preceding day? As I observed on a former occasion, even four days (the time which intervened between the arrival of the despatches from France by the Revenge, and the 18th of December, when the embargo was recommended) "gave little enough time to digest and mature such a plan." I now add, sir, that that plan, as far as it then went (and more was not then practicable) was conformable to the views and wishes of the French Emperor. I say, further, sir, that should the strong bill now on our tables become a law, we shall have advanced one large stride further towards such conformity; and that when we concur in one other measure. a resolution for a total nonintercourse with Great Britain, which was adopted last Saturday evening in the other House, we shall then have acted in complete conformity with the views and wishes of the French Emperor, as they are supposed to have existed at the time the embargo was laid. We shall then have shut all our ports against the entrance of British ships and British merchandise; just as the unfortunate and submissive nations of Europe, who are within reach of his arm, had previously shut their ports. I do not say, sir, that it was in obedience to a requisition of the French Emperor, that the President recommended the embargo; but the facts I have adduced show, that the embargo, with its various reinforcements, up to the non-intercourse now in embryo, happens to be in exact conformity with the views and wishes of the French Emperor, as they are supposed to have existed a year ago. But it seems that this will not satisfy the Emperor. We have been too tardy in our movements. A non-intercourse with Great Britain, twelve months ago, might have appeased him. Now we can no longer remain neutral. Now we must be his allies or his enemies. To the offer to suspend the embargo, if he would repeal his decrees, he has not even deigned to give an answer. With respect to Great Britain, the overture to suspend the embargo, on condition that the Orders in Council were revoked, has been answered. She maintains her original position, that the Orders in Council were purely retaliatory for the French Berlin Decree; which, she says, "Was the commencement of an attempt, not merely to check and impair the prosperity of Great Britain, but utterly to annihilate her political existence, through the ruin of her commercial prosperity-that in this attempt almost all the Powers of the European Continent had been compelled, more or less, to co-operate; and that the American embargo, though most assuredly not intended to that end (for America can have no real interest in the subversion of the British power,) DECEMBER, 1808. ed to its success." and attacked by both, and he at the same time perceived that they were enemies to each other, what would he do? Stand still, and be kicked and wounded by both? or co-operate with one, at least so far as was necessary to avenge his wrongs, and to provide for his own defence and security but by some unfortunate occurrence of circumstances, without any hostile intention, the American embargo did come in aid of the blockade of the American Continent at the very moment when, if that blockade could have succeeded at all, the interposition of the American Government would most effectually have contribut"To this universal combination (continues Mr. Can-against the other? This course is so simple and ning) His Majesty has opposed a temperate, but a de- their quarrels) could not miss it. But if, while, obvious that even school-boys (who also have termined retaliation upon the enemy-trusting that a firm resistance would defeat his project, but knowing in this way, avenging the wrongs done by the that the smallest concession would infallibly encourage made him his friend; and had, moreover, a fair adversary, he, in effect disarmed the other, and prospect of inducing him to make satisfaction for the injuries he had committed; how could he hesitate to adopt it? a perseverance in it." If the embargo was designed, as professed, why did our Government declare a blockade against the British dominions by land as well as by sea? Neither seamen nor property could be exposed to capture by continuing the trade which had been advantageously carried on by land with the British colonies bordering on the United States. The people of Vermont, particularly, had been accustomed, ever since the Peace of 1783, to exchange their productions with the British subjects in Canada, for salt and other articles of merchandise. Yet even this beneficial trade has been prohibited by the embargo acts; and bloodshed and death have been the consequence. Similar tragic scenes have been acted in the District of Maine. Does not the rigorous prohibition of this land commerce alone demonstrate that other views than have ever been officially avowed really dictated the embargo? Lately we find that, in Holland, (a country governed by a brother of the French Emperor, and absolutely under his control.) the necessities of the people for the supplies usually obtained from England, having caused evasions of the Emperor's strict decrees of blockade-additional provisions have been made; and the breaches of those decrees are henceforward to be punished with death. With similar pace, the United States are advancing-and, by the bill before us, the embargo is to be enforced by additional regulations and penalties of unexampled rigor, and hostile to the mild spirit of American laws; and which, though not in words prescribing the punishment of death, will infallibly have that issue. Among the reasons assigned for persevering in the embargo, are, "the present unsettled state of the world, the extraordinary situation in which the United States are placed, and the necessity, if war be resorted to, of making it at the same time against both the belligerent nations, and 'these the two most powerful in the world ;" and, under these circumstances, a principle of justice forbade our choosing our adversary! Must not such sentiments expose us to derision? Two nations have injured us and we should violate the principles of justice, if, to obtain satisfaction, we attacked one without at the same time attacking the other! If we would descend from the airy regions of philosophy, and stand on the ground of plain common sense, we should see this embarrassment which apparently overwhelms the Administration, to be a mere dream. Sir, if a man travelling on the highway should meet two stout fellow-travellers, and be alternately insulted But, we have been advised by the gentleman from Virginia, (Mr. GILES,) to wait a little longer, "to wait events in Europe, now in a state of rapid succession." Yes, sir, wait until we see whether Bonaparte overwhelms the Spanish nation; and if Heaven permits this sad catastrophe what then? Are we to join his arms, and by conquering Canada and Nova Scotia, prepare those countries with our own for a new master? and hasten the glorious period when to the lofty titles of Emperor of France and King of Italy, and Protector of the Confederation of the Rhine, shall be added that of Emperor of the Two Americas? That, sir, will be the natural course of things, if, as some have wished, the British navy were destroyed. In the short interval of peace, in 1808, Bonaparte, in a few months, sent forty thousand soldiers to subdue the negroes of St. Domingo. The climate subdued his soldiers, and St. Domingo continues independent. But the United States present a very different theatre. French soldiers would here be as healthy as our own. And if with the ships suddenly furnished in France and Holland, Bonaparte at once transported forty thousand men to St. Domingo, what numbers could he not send to the United States in the thousands of British ships, were they also at his command? It is estimated, sir, that the observations I have made, thoug on a question for repealing the acts laying the embargo, are irrelevant on the bill now before us. But to me they appear perfectly applicable in both cases; for if they go to show that the embargo ought never to have been imposed, they must avail, in like manner, against enforc ing its execution; and, therefore, I have adduced them. Mr. HILLHOUSE rose and addressed the Senate as follows: Mr. President: Before I proceed to remark on the merits of the bill under consideration, I shall take the liberty of noticing some general observations of the gentleman from Virginia, (Mr. GILES.) which can have no bearing on the matter under consideration, and could have been thrown out for no other purpose than to impress the idea that the opposers of this bill and of the embargo are acting under some undue influence or bias, and are endeavoring to obstruct or paralyze the energies of the nation in their operations against foreign aggression. We are told of British capital, British agents, British gold, in too close connexion with the opposition to the embargo and the present bill. Sir, if it is meant to insinuate that the opposers of the embargo and of this bill are under such influence, I despise the insinuation. [Mr. GILES rose and declared that he did not mean to throw out the smallest intimation that the opposers of the bill were under such, or any other, improper influence.] The character and conduct of the greater part of that description of our fellow-citizens, who have been and still are opposed to the embargo, furnish a sufficient answer to any such insinuations as to them. No, sir, our opposition to the embargo proceeds from far different motives; from a thorough conviction of its inefficacy as regards foreign nations, and its ruinous operation as to ourselves. We are not willing to inflict a wound on our own country, because foreign nations do us wrong. DECEMBER, 1808. nation injury or insult comes, I am ready to take The gentleman from Virginia has renewed his call for a substitute for the embargo. Sir, the embargo admits no substitute. It is a measure radically wrong, and stands in the way of every proper measure. Remove the embargo, and then, and not till then, will the way be open to adopt measures for securing our commerce and defending our rights. I am not a little surprised that the gentleman from Virginia could make up his face to such an imposing call. Had that gentle-lated. man run through the journals, from which he has read some passages, he would have found that during a long and uniform course of opposition to a former Administration, which was conducted with acknowledged ability, he was not in the habit of proposing substitutes. He told us what would not, but not what would do. In the present case, were the embargo out of the way, and I found a disposition to listen, I should not hesitate to express my opinion of the proper course to be pursued. But so long as our national councils are under the embargo system, any attempt at other measures would be unavailing. For the purpose of contrasting the present proeeedings of Congress with what was done in 1794, the gentleman from Virginia read from the journals some passages to show "that the nation then moved in a solid body." Yes, sir, the una nimity and spirit then manifested does honor to the nation. But with whom were we contending then? With England. I should have been much gratified if the journals of 1798 (which the gentleman did not think proper to read) had exhibited the same unanimity and spirit when our rights were violated by another Power, and we were insulted by the contemptuous rejection of our Ministers. Far otherwise was the fact; there was then a violent and persevering opposition to the measures of defence which were then proposed and adopted; and by the same description of men who claim credit for a pre-eminent share of patriotism; a conduct to which I advert with reluctance. I was ready to vindicate our rights against England in 1794, and at a much earlier period. I was equally ready to do the like against France in 1798. It matters not to me from what I extremely regret that the gentleman from Virginia should have felt himself at liberty to travel out of his way to cast reproach on the Judiciary. The judges, by a faithful discharge of their duty (sometimes being obliged to withstand popular error, and sometimes to interpose themselves between a defenceless individual and Executive power.) are exposed to their full share of opprobium. No reproach for the rejection of the bill to suspend the habeas corpus can fall on the judges; they had no agency in the business. I have indeed felt, sensibly felt, the reproach cast upon the Senate for having passed that bill in so hasty a manner; but it was not slanders contained in newspaper paragraphs which I regarded; they have no more effect on my mind than the passing wind. It was the manner in which that bill was treated by the House of Representatives that wounded my feelings-I felt for the honor of the Senate. I voted with the gentleman from Virginia for that bill, though I did not at the time feel all the apprehensions which seemed to be impressed on his mind. I did not apprehend that a rebellion excited by an individual not clothed with any official consequence or power, without resources, and almost without friends, could ultimately endanger the safety of the Union. But from the communications made to Congress by the President, I was led to believe there was some treasonable proceeding and rebellion which ought to be speedily and promptly resisted and put down. Though I did not see the necessity of passing the bill with so much haste as to subject the Senate to the charge of precipitation; yet, being satisfied of the propriety of passing such a bill, I felt a reluctance, as I always do, at inter 6 6 SENATE. posing my vote in a manner that may have even farmer (Mr. GILES;) which State, he has assured the appearance of throwing difficulties in the us, not only acquiesced in, but applauded the emway of measures which regard the public safety. bargo as a wise and salutary measure. To show But no motives of delicacy, or any other cause, that I am correct, I will communicate to the Senwill prevent my opposing measures which I think ate some information. One of the committee who wrong in principle. The loss of the bill to sus- had a principal hand in drawing the bill, stated pend the habeas corpus was in no respect attribu- that he was informed by the captain of a coaster table to the court or the judges. There was no (on whose information I should rely, being acinterference on their part, nor any conduct of quainted with him, and esteeming him a man of theirs that could warrant the gentleman from Vir-truth, and who had the means of knowledge, be-▾ ginia in making the heavy charge "that the hos- ing employed in navigating up and down the tile propensities of a court against its own coun- Potomac) that there was a great display of activtry and its own Government, were the reasons ity and exertion in transporting the produce of 'why treason escaped punishment." In what the country, particularly flour, to the banks of the instance have the judges interposed a shield be- river, and shipping it off for other markets. Contween guilt and punishment? The principal firmatory of this, I hold in my hand other inforleader in that rebellion was apprehended and mation:-"Captain_Scovel, who arrived at New taken to Virginia; and I rejoiced, at the time, York yesterday, (December the 12th,) from St that Virginia was to be the place of his trial, so Pierres, Martinique, and Antigua, states to us that no suspicion might exist of a disposition to that vessels which daily arrived in distress, in the favor his escape from conviction and punishment.ports he visited, were almost exclusively from Aaron Burr was acquitted-whether from a de- the Southern ports, and the greater number from fect in the law or testimony, I am not sufficiently the State of Virginia, laden with flour and other informed to decide. But I have no hesitation in provisions." Again: "Captain Scovel, who ardeclaring it as my opinion, that it was not owing rived here (New York) last Monday, (December to any indisposition in the judge to do his duty; 12th,) from Martinique, via Antigua and St. on the contrary, I think he manifested great in- Kitts, informs us, that while he lay at Martitegrity and firmness in adhering to the established nique, a Virginia pilot-boat schooner arrived rules of proceeding in criminal trials, which are there with 750 barrels of flour, which the capthe great shield of innocence against oppression;tain sold for $30 per barrel; that, while at Anand in giving a fair trial to a political opponent,tigua, in the course of four days only, three vesagainst whom the popular current ran high, and sels came in there with full cargoes of flour from whose prosecution was aided by Executive influ- 'Virginia; that he saw at St. Kitts a Virginia ence and power. The opinions of the judge are schooner that had been at Barbadoes with a in print, so that every one can examine for him-cargo of flour, sold part, and then came to St. self, and form his own. Thus much I may venture to say, that the gentleman from Virginia would find it no easy task to point out errors. It is cause of regret when an individual, and much to be lamented when a public body become so zealously engaged in the pursuit of an object, as not to examine with candor the propriety or expediency of the measures by which such object is to be attained. In the present case, I fear that a zeal to enforce the embargo has blinded the eyes of some to the consequences likely to follow from the course of measures now pursued. I fear, also, that an error has been committed in pointing the debates and measures at a particular portion of the Union, as if violations of the embargo were confined to that quarter. Think ye that the people of Vermont and Massachusetts have been sinners above all the people of the United States? Have there been no violations of the embargo except in New England? Yes. verily. The only difference is, that on Vermont has fallen that political tower of Siloam, the President's proclamation. On the coasts of Massachusetts, and the States of the Chesapeake, almost the whole of our naval force has been sent to cruise, to detect and punish the transgres-ate to consider well before they give their sancsions of their citizens. This has given an opportunity to the Southern States to violate the embargo with impunity. It has been and still continues to be violated, even in that great and respectable State represented in part by my brother 'Kitts with the remainder for a better market." The Secretary of the Treasury informed that the flour which had accumulated in the great flour markets of the United States, was gone. What has become of it? I have heard of no bonfires, except in one instance, to consume some imported gin. One circumstance strongly impresses on my mind a belief, that the products of that State, Virginia, and even the article of tobacco, have found their way to foreign markets; which is, that flour and tobacco, at a particular period during the last Summer, when the embargo was in full operation, rose to a handsome price, and that some of her citizens of distinguished rank were so fortunate as to avail themselves of that price. The gentleman from Maryland (Mr. SMITH) also stated sundry violations of the embargo. From which, and other information, I am induced to believe, that there are not many States in the Union where the embargo has not been violated. The use I wish to make of this information is, to show that this measure is not to have a limited or local operation; but is to pervade our whole country, and may affect every citizen of the United States. Let me, therefore, entreat this Sen tion to a bill which is to have such a general operation; a bill which contains such novel and extraordinary provisions; a bill which may endanger civil liberty, and lay the foundation of a military despotism. |