Friday, April 3.
On motion of Mr. Grundy, the House was cleared, and the doors were closed.
A motion was then made by Mr. Grundy, that the House do come to the following resolution:
Resolved, That a committee be appointed to inquire whether there has been any, and if any, what violation of the secrecy imposed by this House during the present session, as to certain of its proceedings, and that the said committee have power to send for persons, papers, and records.
And the question thereon being taken, it passed in the affirmative—yeas 106, nays 3.
Messrs. Grundy, Troup, Roberts, Breckenridge, and Tallmadge, were appointed the committee.
Mr. Porter, from the Committee on Foreign Relations, presented a bill authorizing the President of the United States to appoint additional Brigadier Generals, in certain cases; which was read the first time: When a message was received from the Senate, by a committee of that body, appointed for the purpose, consisting of Messrs. Bibb and Campbell, of Tennessee, notifying the House that the Senate have passed the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States, for a limited time," with amendments; in which they desire the concurrence of the House.
On motion of Mr. Porter, the bill reported by the Committee on Foreign Relations, this day, was ordered to lie on the table.
The House proceeded to consider the amendments of the Senate to the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States;" and the said amendments being read at the Clerk's table, a motion was made by Mr. Lewis, that the said bills and amendments be postponed indefinitely.
Mr. Quincy expressed in strong terms his abhorrence of the measure. He said that if he believed it to be a preparation for war, he should have a less indignant sense of the injury than he felt now, as he deemed it pure, unsophisticated, reinstated embargo. The limitation of sixty or ninety days gave little consolation or hope to him, because he knew how easily the same power which originated could continue this oppressive measure.
He said that his objection was, that it was not what it pretended to be; and was what it pretended not to be. That it was not embargo preparatory to war; but, that it was embargo as a substitute for the question of declaring war. It was true that it was advocated as a step incipient to a state of war, and by way of preparation for it, by gentlemen whose sincerity he was bound to respect. He could not, however, yield the conviction of his senses and reflections to their asseverations; nor declare, in complaisance to any, let them be as respectable as they might, that he saw in this measure more or less than its features indicated.
Is this embargo what it pretends to be—preparation for war? In the first place, no sudden attack is expected from Great Britain. It is not suggested that we have a tittle of evidence relative to any hostility of her temper which is not possessed by the whole community. The President has not communicated to us one document or reason for the measure. His Message merely notifies to us his will and pleasure.
An embargo, as preparatory to war, presupposes some new and hidden danger, not known to the mercantile community. In such case, when the Government sees a danger of which the merchant is unapprised, it may be wise to stay the departure of property until the nature and extent of it can be explained, but not a moment longer. For, let the state of things be that of war or peace, the principle is precisely the same. The interest which the community has in the property of individuals is best preserved by leaving its management to the interest of the immediate proprietor, after he is made acquainted with all the circumstances of the times which have a tendency to increase its exposure.
The reason of an embargo, considered as an incipient step to war, is either to save our property from depredation abroad, or keep property which we want at home. Now it happens that the nature of the great mass of our exports is such that there is little danger of depredation from the enemy we pretend to fear abroad, and little want of the articles most likely to be exposed at home. The total export of last year amounted, as appears by the report of the Secretary of the Treasury, to $45,000,000. It also appears by that report, our exports to Great Britain and her dependencies, and also to those of Spain and Portugal, were $38,500,000. Nearly seven-eighths in value of our whole exports have been, and continue to be, to the dominions of that very power from which so much is pretended to be apprehended. Now, it is well known that these articles are of very great necessity and importance to her, and whether, even in the case of actual war between our countries, Great Britain would capture them, might be questionable. But that she would capture them on the mere preparation, before one really hostile act was committed on our part, is not only unreasonable, but absolutely absurd to expect. This very commerce which, by the passing of this bill, you indicate it is her intention to prohibit or destroy, it is her obvious and undeniable policy to unite and cherish; besides, the articles are in a very great proportion perishable, which, by this embargo, are to be prohibited from going to market. Which is best—to keep them at home, to a certain loss and probable ruin, or adventure them abroad to a possible loss and highly probable gain? Ask your merchant. Ask common sense.
But it is said "we must protect our merchants." Heaven help our merchants from embargo-protection! It is also said that "the present condition of things has been brought upon the country by the merchants; that it was their clamor, in 1805 and 1806, which first put Congress upon this system of coercive restriction, of which they now so much complain." It is true that, in those years, the merchants did petition; not for embargo, not for commercial embarrassment and annihilation, but for protection. They, at that time, really thought that this national Government was formed for protection, and that it had at heart the prosperity of all the great interests of the country. If "it was a grievous fault, grievously have the merchants answered it." They asked you for relief, and you sent them embarrassment. They asked you for defence, and you imposed embargo. They "asked bread, and you gave them a stone." They "asked a fish, and you gave them a serpent." Grant that the fault was great, suppose that they did mistake the nature and character of the Government, is the penalty they incurred by this error never to be remitted? Permit them once to escape, and my word for it, they will never give you an apology for this destructive protection. If they do, they will richly deserve all the misery which, under the name of protection, you can find means to visit upon them. Your tender mercies are cruelties. The merchants hate and spurn this ruinous defence.
Mr. Q. then took notice of an intimation which had been thrown out in relation to an express, sent off on the day preceding the Message of the President, giving notice that the embargo would be proposed the ensuing day. He said that there was no necessity of speaking of that matter by distant allusions, as if there was any thing that sought concealment. That is not an affair, said Mr. Q., that shuns the light. I had the honor and the happiness, in conjunction with another member of this House, from the State of New York, (Mr. Emott,) and a Senator from Massachusetts, (Mr. Lloyd,) to transmit that intelligence to Philadelphia, New York, and Boston, by an express which started on Tuesday afternoon. In doing this, we violated no obligation, even of the most remote and delicate kind. The fact that the Committee of Foreign Relations had decided that an embargo should be proposed on Wednesday, was openly avowed here on Tuesday, by various members of that committee, to various members of this House. Among others, I was informed of it. I shall always be grateful to the gentleman who gave me that information. Indeed, the whole commercial community are under great obligations to the Committee of Foreign Relations for their feeling and patriotism in resolving on that disclosure. It enabled us, by anticipating the mail, to give an opportunity for great masses of property to escape from the ruin our Cabinet was meditating for them. Yes, sir; to escape into the jaws of the British lion, and of the French tiger, which are places of refuge, of joy and delight, when compared with the grasp and fangs of this hyena embargo. What was the effect of this information? When it reached Philadelphia, the whole mercantile class was in motion, and all that had it in their power were flying in all directions from the coming mischief, as if it were a plague and a pestilence. Look, at this moment, on the river below Alexandria, and the poor seamen, towing down their vessels against wind and tide, anxious only to escape from a country which destroys under the mask of preserving.
Mr. Gold.—The first object with a wise Legislature is, Is the law expedient? The second object, which should never for a moment escape attention, Can the law be executed? Under the first head, the advocates of embargo disclaim the measure as appertaining to the odious restriction system: they present it as the old-fashioned, legitimate precursor of war, as the provident measure of Government to protect your merchants against reprisals resulting from meditated hostilities.
In this view can you be prepared for war at the expiration of the embargo? Will you open your campaign at mid-summer? Whatever appearance this measure may now assume, the country have grounds to fear a relapse into the old system—you will go again back into Egypt.
But, on the second head, can your law be executed? Does the history of the past in our own, or any other country, warrant such an expectation? Can you watch the extended line, of forty-five degrees north, for hundreds of miles, so as to prevent a transit for commercial exchange, indispensable to the necessities of the country? No, sir, it is a vain expectation; your army of 25,000 could not prevent the intercourse: their sympathies would rather lead them to connive at what they could not fail to see. Great Britain, with a canvas that whitens every sea, her revenue boats always in motion, and tide waters at every inlet or avenue, has not been able to prevent the smuggling in of about one-half the tea consumed in that Kingdom. Such is the conviction of English writers! It may be found in the appendix to McCartney's Embassy, and in the Life of the second Pitt. Where men have expended their substance in purchasing and collecting an article for export, under the subsisting faith of your laws permitting such export, it is not mere injustice, but cruelty in the Government towards its citizens to arrest such a commerce by an ex post facto law, and consign those concerned to the prison walls, and their families to beggary. Nothing short of the most imperious necessity, the safety of the community, can justify so severe a proceeding. But, sir, with a single exception of timber, the commerce between the northern frontiers and Canada, will, for the ninety days of this embargo, be little else than the mere exchange of articles indispensably necessary to the poor frontier settlers. How are they to be supplied with the article of salt? Believe me, sir, the morality of no part of the United States, or of any nation on earth, will restrain persons under such circumstances from eluding the laws. Does any man believe that this frontier traffic is not as beneficial to us as to our enemies? Can your law fail of producing more injury and loss to the United States, than benefit? Have you not witnessed, sir, that while you was exercising paternal care in enacting an embargo by water, for the seaboard, that our merchants and navigators, roused as by a shock of thunder, escaped from your shores, with their vessels, as from a destroying angel—from pestilence and death?
Mr. Bleecker, in a speech of about twenty minutes, made an able, solemn, and impressive address to the House, urging them to ponder, and desist from the dangerous course they were pursuing, and forewarned them of the calamitous consequences that would inevitably result.
Mr. Mitchill said, in viewing political subjects and dangers, some are inclined to look through political microscopes, which diminish them; others, misled by their imaginations, look through political telescopes, and are apt to magnify and enhance them. He, for one, was for viewing our situation with his naked optics—for looking at it as it really is. He could not be considered as less alive to the interests and happiness of the inhabitants of that city, respecting whom so much sensibility has been expressed, than any other gentleman. There were his intimate friends, connections, and what little property he possessed. No one could feel more for their sufferings under commercial restrictions, or in case of an assault upon it by the enemy. And if he was to consult only his personal sensibilities, they were all in favor of the people of that country with whom we are to enter into a conflict. He has no prejudice against them. He there received his education. He has lived in North and South Britain. From actual residence, he knows them from the Grampian Hills to Dover. He knows them, however, to be a proud, overbearing nation. From former residence, and also from recent intelligence, (and that within a few days, by late arrivals,) he knows that they consider us a sort of a generation whom they have a right to despise. We are viewed in this unworthy, degraded situation, not on account of our want of resources, or population; but because they believe we cannot stand together—that we have no confidence in ourselves—that we cannot lead armies into their countries. Their object has been, since the year 1806, to divide and distract us, and to prevent our taking efficient measures. Sir, what has been the cause of our present condition? It is well known that, in 1806, he was made the organ of his constituents, as other gentlemen were for Salem and other commercial places, to present to Congress their plaints and wailings, on account of the grievances they suffered upon the subject of carrying colonial produce, and the continuity of voyage. The archives of this House will prove this. They declared they should be ruined if the British doctrine should be countenanced. The Government were goaded by these applications for relief. The Government began, and continued pacific measures, until we have got into our present situation.
Mr. Widgery spoke with much warmth in favor of the embargo and war.
Mr. Stuart said, if it was in order, he would ask the gentleman from Massachusetts (Mr. Widgery) a few questions. He would ask that gentleman if he was, during the last embargo, a ship owner? If so, did he not go to England during the embargo? If so, how did he go?
Mr. Widgery answered that he went by water.
The Speaker observed these questions were not in order.
Mr. Stuart said if they were not in order he would sit down.
The question was now taken on indefinite postponement, and determined in the negative—yeas 42, nays 72.
On motion of Mr. Roberts, the previous question was demanded by a majority of the members present: Whereupon the question was taken, in the form prescribed by the rules and orders of the House, to wit: "Shall the main question be now put?" and passed in the affirmative—yeas 67, nays 44.
The Speaker then decided that the main question to now put, was: "Will the House concur with the Senate in the amendments made to the bill?" and not upon the proposition for postponement.
From which decision Mr. Randolph moved an appeal; which being seconded, the question was put, "Is the decision of the Chair correct?" and decided in the affirmative.