Tuesday, January 12.
Additional Military Force.
The House again resolved itself into Committee of the Whole, on the bill to raise an additional army of twenty thousand men, for one year.
Mr. Emott addressed the Chair as follows:
Mr. Chairman: I mean no common-place remark, when I declare to you, that I address you on the subjects which have been brought into this debate, and as I think properly so brought, with great reluctance. My general deportment since I have been honored with a seat on this floor, is sufficient evidence to you and the committee that I feel an unwillingness to mingle in the war of words which is carried on here. There are causes which add to this repugnance on the present occasion. The debate has been continued for such a length of time, and in part has been conducted with so much asperity, that the minds of all have become fatigued, and the passions of many inflamed. I know, and I duly appreciate the difficulties which, under such circumstances, surround and face the speaker. But, sir, there are considerations of public duty, and individual propriety, which urge, nay, demand of me, to ask your patience, and the indulgence of the House, while I present to you and to them my view of the great subjects involved in this discussion.
Mr. Chairman, I am aware that, in the discussion I am about commencing, I shall render myself obnoxious to the wit of gentlemen who think that, to bring into view other topics than those which arise out of the details of the bill now on your table, is to go beyond the range of legitimate debate. The bill contemplates the raising an additional military force of twenty thousand men; thus increasing the Military Establishment, or the standing army of the country, to upwards of fifty-five thousand men. Now, sir, with the details of this bill I have nothing to do. Nay, I will confess to you that I like the bill as it stands, providing for enlistments for one year only, better than I should were it amended, as has been proposed, by prolonging the terms, precisely for the reason that the force will be less efficient and dangerous, and more under legislative control. I meddle not with the fitness of the instrument. That is the business of other men; but, being opposed to the continuance of the war offensively, as I was to its commencement, I cannot consent to grant any further force to carry it on. The only check, or control, which the Legislature can constitutionally have over a war after it is begun, is in withholding the means; and, in voting the means, either in men or money, every member of the Legislature ought to be satisfied of the necessity of prosecuting the war.
According to my best judgment, sir, this war was improperly commenced, and it is unnecessarily continued; and I shall now proceed to explain the grounds of that judgment by an examination of the causes of the war, as they existed at its commencement, and as they now remain. As this is the first time the subject has been brought into debate, and, indeed, the earliest opportunity which has been allowed, of an open discussion, I am sure I shall be pardoned for going into detail, if I even should be tedious, as I know I shall be uninteresting. It is a right which I think I may claim, to state distinctly my reasons and motives for the votes which I have given, and may give, in relation to the war, after what has been said in this House, and out of it, about the opposition to the views of the Administration.
In making this examination, I shall pass in review, in as brief a manner as possible, the three great subjects of complaint against Great Britain; her orders of blockade, her Orders in Council, and her practice of impressment. But for one or all of these, the war certainly would not have been declared; and I may assume that, for but one or all of these, the war ought not to be continued. I cannot, indeed, but recollect, that the gentleman from Louisiana has mentioned the conquest of Canada, and of the Floridas, as causes for the continuance of the war. As respects the Canadas, I have heretofore understood that their reduction might be a consequence of the war, but never until now did I know that it was to be shifted into a cause for carrying it on. And, in regard to the Floridas, I will not consent that their conquest should, in the existing relations of this country, be either a cause or consequence of war. I will confess to you, that an invasion of the colonies of Spain at this time, under the stale excuses of convenience or necessity, strikes me with abhorrence. It is not only against the genius of our Government, and, as I hope, the character of our people, but, if persisted in, will be a foul blot in our national history.
[Here the speaker entered into an elaborate documentary investigation to show that the Decree of Blockade, and the Orders in Council, were not adequate causes for war at the time it was declared—and that both these causes had since ceased to exist, the Orders in Council having been revoked, and the fictitious, or paper blockades, discontinued.]
Impressment of Seamen.—The injury done to our seamen under the British practice of impressment, was also made a cause of the war, and to the eye, at least, it is the only one which now remains.
Mr. Chairman, the discussion of this subject is attended with adventitious difficulties, growing out of the times and the state of the country. The public mind, in some sections of the Union, is in such a feverish state on this account, from tales oft told of bondage worse than negro slavery, and of condemnation without trial, that the person who is willing to "hear the other party," is at once branded with foreign partialities, and threatened with the trial by mob. Besides, sir, it is intimated that a negotiation is to be had, or may possibly be attempted, which may be affected by an open discussion of the topic. In point of duty, I feel myself called upon to take some notice of the subject, but my view of it will be less perfect than in a different situation I should think desirable.
The President, in the war Message, thus introduces the subject: "British cruisers have been in the continued practice of violating the American flag on the great highway of nations, and of seizing and carrying off persons sailing under it; not in the exercise of a belligerent right, founded on the law of nations against an enemy, but of a municipal prerogative over British subjects." As this does not present the case in its true light, I shall, for the purpose of fairly bringing to view the conflicting claims of the two nations, give you an extract from the letter of Mr. Madison to Mr. Monroe, of the 5th of January, 1804, containing instructions for a treaty with Great Britain: "With this exception, (persons in the military service of an enemy) we consider a neutral flag on the high seas, as a safeguard to those sailing under it. Great Britain, on the contrary, asserts a right to search for and seize her own subjects; and under that cover, as cannot but happen, are often seized and taken off, citizens of the United States, and citizens or subjects of other neutral countries, navigating the high seas, under the protection of the American flag."
The claim, then, on the part of the British is, that in time of war they have a right to enter neutral merchant vessels on the high seas, to search for and seize their subjects, being seamen. On our part it is, that on the high seas the flag shall cover and protect all sailing under it, whether British subjects or American citizens. These are distinctly the claims of right on the part of the two nations, and I shall so consider them, without regard to practice apart from right.
One or two remarks, sir, before I enter upon the subject. The first is, that I do not mean to moot the point, relative to the rights of our naturalized citizens, or the extent of our duties towards them. But this I will say, that I am willing to give them all the protection which the situation of the country and its true interests will justify. I know that the unruly passions and the meddling dispositions of some foreigners, have raised prejudices in the minds of many persons against all foreigners. But I know, also, and I speak without reference to political opinions or prejudices, that among our naturalized citizens are to be found men, and many men, too, of great worth and respectability, and who are extensively useful to the country. These men have my good will, and it is certainly my wish, that they should be fostered and protected, as far as it can be done, without putting at hazard the great interests and the permanent welfare of the country. But, sir, to this class of our citizens, the claim that they are to be protected on the high seas by our flag, is really of little importance. Our claim never was, and I am sure never will be, that they are to be protected, if they put themselves within the power of their former Sovereign, by going to his ports, or placing themselves on his territories. And yet such is the state of the commerce of the world, that it can scarcely happen in a mercantile voyage, in this or the other hemisphere, that the vessel will not at some time be in a British port, and the crew on British ground; our right of flag will not then save our adopted citizens from impressment. For the slight benefit, therefore, to our naturalized citizens, which can arise under our claim, if established, I am sure the well-meaning and reasonable part of them will not ask the country to continue the war on their account.
Another remark which I wish to make is, that I am most decidedly the friend, nay, sir, if you please, the partisan, of the seamen of the country. I have no doubt that this nation is destined to be a great maritime power; and that, in times not very far distant, we are to owe our prosperity, as a commercial people, and possibly, under Providence, our security, to our seamen. I am therefore a friend to "seamen's rights," properly understood and fairly enforced; but this shall not blind me to the rights of others. Besides, in a war to be carried on for seamen alone, and that, too, on the abstract question of the right of flag, I can see great danger to the seamen in their just claims to protection; and, I must beg their friends, in and out of this House, to reflect before they act. As surely as the war is continued on this ground alone, so surely will seamen become unpopular, and their rights be neglected. When the evils of the war press upon the country, and press they will; when the many lives sacrificed, and the countless millions expended, shall be brought to view, is it not to be apprehended that seamen and their claim will be remembered, only as the cause of the scenes of expense and blood through which we are to pass? It is not dealing fairly with our seamen, to make them the scape-goats of this war.
The British then claim the right, in time of war, to take their seamen out of neutral merchant vessels on the high seas.
Is this claim a novel one? That the claim is novel, is certainly intimated by the Committee of Foreign Relations, when they say that the impressment of which we complain, is "a practice which has been unceasingly maintained by Great Britain in the wars to which she has been a party since our Revolution." Indeed, it has been most roundly asserted, and by many it is believed, that the British claim was made for the first time after our war; that it originated in views hostile to our commerce and maritime rights; and that in practice it is only brought to bear upon us. In truth, however, whatever may be the justice of the claim, it is not a recent one. It has, in a greater or less degree, been practised on in all the wars in which England has been engaged for the two last centuries.
The instructions to armed ships are not frequently made public; but it so happens, that we have in print an instruction on this very point, given in 1646, by the Earl of Northumberland, Lord High Admiral of England, to Sir John Pennington, which goes beyond the present claim: "As you meet with any men of war, merchants, or other ships, belonging to any foreign Prince or State in any road where you, or any of His Majesty's fleet, may happen to come, you are to send to see whether there be any of His Majesty's subjects on board; and if any seamen, gunners, pilots, or marines, (whether English, Scotch, or Irish,) be found on board, you are to cause such of his Majesty's subjects to be taken forth, and so disposed of as they shall be forthcoming, to answer their contempt of His Majesty's proclamation in that kind." These instructions were modified in the reign of Charles the Second, so as to exclude public armed vessels, and with this modification they have come down to the present times. If it were at all necessary to the purposes of my argument, I might show that this right has been exercised both towards France and Holland, long before we had existence as a nation. Their vessels have been searched, and British seamen taken from them. But enough has been said to prove that the claim, if unjust, is not novel.
Is the claim peculiar to the British? I am justified in saying that this claim, in time of war, to search for and seize seamen in neutral merchant vessels, on the high seas, has been made and exercised by every maritime nation in Europe. To be more particular—I assert, and stand ready to prove, that it has been made and enforced by France as well as England, and is now. It would be a waste of time to go very much at large into the French usages on this subject. I propose to do little more than to refer to one or two French ordinances, and then show from our State papers their practical application to us.
By the French laws, and they are ancient laws, the seamen of the country are all classed, and enrolled, and licensed. In 1784, an edict was made which is still in force, declaring, that any classed seaman, who shall, in time of peace, be found serving in foreign ships, shall be sentenced to fifteen days' confinement, and reduced to the lowest wages, and serve two years extraordinary at the lowest rate; but those who, in time of war, shall be arrested in foreign ships, or passing into foreign countries, shall be sentenced to three years' service in the galleys. Under the authority of this, and similar ordinances, the French have taken their seamen out of our vessels, and in some instances our seamen with them.
Mr. Chairman, the first proof relative to the committee, is the impressment document of January last, known to the American people as the 6,057 document. The Secretary of State, Mr. Monroe, at the close of the introductory report, says, "it is equally impossible, from the want of precise returns, to make an accurate report of the names or number of citizens of the United States, who have been compelled to enter into the French service, or are held in captivity under the authority of that Government, whether taken from vessels captured on the high seas, or seized in rivers, ports, or harbors; the names of a few only, greatly below the number believed to be so detained, being within the knowledge of this Department. A detail therefore is not attempted, with respect to this part of the call of the House of Representatives." Yes, sir, it is known to the Administration, that some of our citizens have been compelled to enter into the service of the French Emperor, while others are held in captivity by him. Ask, however, for their names, and you have for answer, that all the persons detained are not known to the Government, and therefore it cannot be material that you should have the names of any. Say to gentlemen, here is a case of American rights violated, and you will be told, that the injury, in practice, is not of sufficient importance to justify strong measures against the French Government. Be it so. But attempt to prove to the same gentlemen, that the practical operation of British blockades and Orders in Council, is not such as to require war, you will then hear, that it is necessary to fight about the principle.
I have one other paper to lay before the committee, on this subject. For some years back, the information about French impressments has been general and vague, or altogether withheld. Formerly this was otherwise. In a report respecting the impressment of seamen in 1797, made by the Secretary of State to this House, on the 27th of February, 1798, we have the names of upwards of twenty American citizens, taken out of American vessels, on the high seas, by French privateers. We have more, sir. This same report states, that two French seamen named Lewis had been impressed from on board the American ship Bryseis by a French Commodore's ship; that Francis Gibbons, a native of France, but married and resident at New London in Connecticut, was impressed from the American ship Edward, at Rochefort, by authority of the French Republic, and put on board a French ship of war: and that Henry Doughty, an American, was impressed at sea from the American brig Elsa by the French frigates Lapancy and Thetis. I could instance other cases, but these are sufficient to show, that neither the claim nor the exercise of it is peculiar to the British.
If this right, or claim of right, however, is made a mere pretext by any nation to seize and detain our seamen, I am willing to allow that it would be a cause of war. But even in this case, war ought not to be waged until we have done our duty to our seamen and the offending nation, by making suitable regulations to prevent the employment of the seamen of such nation. Have we done this, as respects Great Britain? Perhaps some such regulation is to be found in the law which defines what vessel is an American vessel, and which, as such, is entitled to hoist our flag. Look at it, sir. According to the act of December, 1792, an American ship is one wholly owned by an American citizen, and commanded by a person also a citizen. The crew may be all foreigners—all Englishmen, if you please—all English deserters. In this, therefore, we find no security to the British Government.
But, we have also the law of May, 1796, which provides, that the collectors may register seamen calling themselves American, and grant certificates of citizenship. Out of this law, it is presumed, has grown the practice of granting protections, as they are called—papers procured from notaries and magistrates, ofttimes on the most barefaced perjuries, and always considered as a species of negotiable property for value received. Sir, these protections, in their abuse, are a scandal to the nation. It has made false swearing an employment, and the granting of false papers a business. The price of such a paper is as well known in the great seaport towns as is that of your stocks. All ages and complexions and tongues may have this badge of citizenship, by paying the charges in such cases provided. If this, however, was not so; if protections were only granted to real Americans; it is difficult to see how this is to prevent the employment of British sailors. It is not necessary that the persons navigating an American vessel should have them.
This act of ours was presented to the British Government by Mr. King, in January, 1797, and Lord Grenville, on the 27th of March following, in a manner highly conciliatory, and certainly with much force, stated specific objections to the law. The Executive, when in July last he answered the call of the Senate for papers relative to impressments, omitted this letter of Lord Grenville, but he gives a letter from the then Secretary of State, to our Minister at the British Court, of the third of October, 1797, in which the force of the objections seems to be admitted: "Lord Grenville's observations on the act of Congress for the relief and protection of American seamen, present difficulties which demand consideration at the ensuing session." Nothing was, however, done at that or any future session. In truth, we have done nothing to prevent the employment of British seamen in our public or private ships; and they are to be found in both. And yet, with this fact staring us in the face, we are called upon to say that the war is altogether just on our part!
It will probably be urged that the British practice under this claim, in its application to us, was sufficient to prove that the reclamation of their seamen was not so much the object of the British Government, as the seizure of our seafaring citizens: that it had become so outrageous as not only to justify, but to require war. Without, sir, meaning to excuse or to palliate the taking even the cabin boy, if done knowingly and wittingly; and being willing to admit, that about the period of the attack on the Chesapeake, we had much and serious cause to complain on the subject, I must be permitted to say that I have not evidence to satisfy me, that when we declared war, the practice of the British was such as to prove that the claim on their part was a mere pretext to take our sailors. In truth, I believe, if the Administration have not deceived themselves on this subject, that they have attempted a gross deception on the public.
The instructions given at this day, by the British Admiralty to a naval commander, on this subject, directs him, "when he meets with any foreign ship or vessel, to send a lieutenant to inquire whether there may be on board of her any seamen who are the subjects of His Majesty; and if there be, to demand them, provided it does not distress the ship; he is to demand their wages up to the day; but he is to do this without detaining the vessel longer than shall be necessary, or offering any violence to, or in any way ill-treating the master or his crew." Mr. Monroe may perhaps recognize in this, the instructions shown to him after his arrangement, and of which he declared himself satisfied; but whether he does or not, it must be conceded that it provides for a moderate exercise of the right. The person who is to make the search is an officer of some standing; he is only to take seamen who are British subjects, excluding thereby, not merely our citizens, but all foreigners; and he is not to take even British seamen, if, by it, he destroys the crew, or endangers the vessel. Allowing the right to exist, it is difficult more fairly to regulate its exercise.
But it may be urged that the practice of the British commanders does not correspond with these instructions; that they search and seize at large, according to their will and pleasure. I know, sir, that the habits and education of a military man, not unfrequently make him act as if power and right meant the same thing: and I, therefore, have no doubt that there have been abuses. But I do most conscientiously believe that these abuses have been greatly magnified, and are, even by the well meaning, vastly overrated. I am aware that I shall be referred to the impressment document of last session. This document, sir, is so illy understood, and has been the source of so much misrepresentation, that I must be allowed slightly to review it.
The Secretary, in the report says, that the list transmitted had been received from our agent at London, and "contains the names of American seamen and citizens who have been impressed and held in bondage in His Britannic Majesty's ships of war, for the several quarters of 1809 and 1810." The list is headed, "A return or list of American seamen and citizens who have been impressed and held on board of His Britannic Majesty's ships of war, from 1st of April to the 30th of June, inclusively," and so of the other quarters. Now the plain meaning of this is, if any meaning it has, that the persons whose names were thus sent to us were impressed and made to serve on board British armed ships, at some period in the years 1809 and 1810. Indeed, this has been so stated in this House, and in the Administration prints. And yet the most superficial examination will show that this is not true. Let me read to you one or two names: "4868. David Wiley." In the column of the "result of applications and remarks," we have this explanation of his case: "Impressed on shore at New Brunswick, and taken on board the Plumper, was detained two days, when the commander put him on board a vessel bound to Aberdeen, from thence worked his passage to London, and appeared at this office 29th August, 1805; is evidently an American. Discharged." Here, then, we have a man who was not on board a British ship in 1809, and whose "bondage" did not probably continue more than two days.
Again, "4936. Richard Butler, representing himself of Petersburg, Pennsylvania. Impressed 1797 at the Cape of Good Hope, from the Mercury of Baltimore, and detained on board the Garland." Remark: "Remained on board the Garland two months, then draughted to the Tremendous, in which he served two and a half years, was then discharged; has never received his wages or prize-money; says he was well used on board both ships. Was discharged as an American citizen at the Cape of Good Hope; his pay and prize-money lists were given to the consul at the Cape. Discharged." This man, therefore, according to the statement of our Consul, so far from having been impressed and held on board a British ship in 1809, had been impressed in 1797, and discharged in 1799. I might, sir, give you many other cases equally strong, but these are sufficient to prove that, by design or mistake, the document is wrongly headed; that the persons named in the list were not all on board British ships in 1809 and 1810; and, therefore, that, in its general results, it does not show the state of the British practice in those years.
In truth, the list is nothing more than the return of the names of persons who, within the year, had applied to Mr. Lyman, our Consul and agent for seamen, for protections against future, or for his aid in getting released from present impressment. It was his duty, as I do not doubt it was made his interest, to receive all applications, and when necessary, to lay them before the proper British authority. Jew and Greek, Turk and Christian, the growth of our own soil, and the produce of other countries, all threw themselves upon Mr. Lyman, and he, laboring in his vocation, granted patents of citizenship, or made his claim on the British Admiralty. Sir, there is not a man who, in practice or by inquiry, has made himself acquainted with the manner in which this business is transacted, but knows that many foreigners who never saw this country, or sailed under its flag, have attempted, by application to our agents abroad, to shield themselves against British impressment. The Secretary of State, Mr. Monroe, needs no information on this subject, having himself resided in London as our Minister. It was the duty of our agent to send home some account of his proceedings, and I have no objection to his making such a list as we have before us. But I do object to its being palmed on the American nation as a true history of British impressments affecting our people and nation. I pray you look at this list. In the year commencing in April, 1809, and ending in March, 1810, we have about nine hundred and forty names; and of these, about seven hundred are given with blanks in the columns for the "towns and States of which they represent themselves to be citizens"—"when impressed"—"where impressed"—"ships from whence taken"—"nations"—"masters." The time and the result of the application are only given. And from these entries in Mr. Lyman's book you are called upon to admit that the applicant was an American, and that he was impressed in the year 1809 by the British, on the high seas, out of an American vessel. Really, this is asking too much.
Mr. Chairman, I have examined the list from April, 1809, to April, 1810, with great attention, for the purpose of ascertaining the number of impressments which took place in that year, and I will now make to you one or two statements, which may cast some light on the subject of the British practice. The number which, by the list, appears to have been impressed in that year, is one hundred. It will be understood that in this number I do not include those whose names are carried out in blank, as has been stated. It is uncertain whether such persons ever were impressed; and, at all events, it is fair to presume, that their service on board British ships had commenced before 1809, or otherwise there could be no difficulty in giving dates. Of the one hundred, seventy-six were discharged, and six had deserted, leaving less than twenty to be accounted for.
Another result: Of the persons thus taken, fifty-seven were impressed on shore, and forty-three at sea. Again: Thirty of these seamen, when impressed, made part of the crews of British vessels, and thirty-four American vessels; and of the thirty-four, twelve were taken on land; leaving about twenty-two persons taken from American vessels on the high seas. It is possible, sir, that in these statements I may not be perfectly accurate; I am certain, however, that I am substantially so.
I do not mean to represent that this is a full account of all the impressments which took place in 1809; on the contrary, I admit that it is not. Many impressments were certainly made of persons undeniably British subjects, who would scarcely think of applying to Mr. Lyman, and will not, therefore, be found in his book. Many persons, also, having a right to his interference, were not then known to him. My object in making these explanations, was to show that the 6,057 document does not furnish such strong evidence of British aggression as has been supposed.
The number of our seamen impressed by the British has been so variously represented, that I have, from motives of curiosity as well as duty, been desirous to arrive at something like a reasonable certainty on the subject. We hear of ten, twenty, nay, forty thousand of our citizens, confined in the floating dungeons of Great Britain, fighting her battles against their will. The evidence of this, however, is only to be found in the imagination of gentlemen. It is the old story over again, of the "six men in buckram." In part representing the greatest commercial State in the Union, it may be expected that I have some personal knowledge on this subject, but indeed I have none such to give. Is there not in this some proof that the evil has been magnified? I have sought for information in quarters where only it is to be found, among the shipping merchants and ship owners of the country. I will now furnish you with the opinion of an intelligent gentleman from Marblehead, whose means of information are ample, and whose veracity will not be doubted. I mean my friend from Massachusetts, who sits before me. (Mr. Reed.) He has favored me with this statement.
"In answer to your inquiry relative to the seamen of Marblehead, I have to remark that the average shipping of that port, for the last twenty years, may be estimated at about 19,006 tons, of which it is fair to calculate ten thousand tons were employed in foreign commerce, and the residue in the fisheries and in the coasting trade. Allowing six men to every hundred tons, which is the usual estimate, it gives an average of eleven hundred and seventy-six seamen in all, and six hundred in our foreign trade, each year; the number of seamen, therefore, employed from Marblehead for the last twenty years, must have been considerable, say five thousand. I have resided at that place nearly twenty years, and, during the greater part of the time, have been actively engaged in commerce. According to my own recollection, aided by that of others who have the best means of information, I do not believe that twenty of the seamen of Marblehead, native or naturalized, have been impressed by the British within the twenty years, and it is not known that one has been demanded without being released."
As there is no reason to suppose that Marblehead has been more fortunate with respect to impressments than other places, we have here something whereby to form an estimate of the number of our seamen taken by the British. My own conviction is, that the American seamen, impressed and held by the British, at the commencement of this war, did not much exceed five hundred in all, and certainly did not amount to one thousand. Permit me, sir, to mention one circumstance which speaks loudly on this subject. If the practice of impressment had been as outrageous as has been represented, it must have fallen with great force on the Eastern States, as it is there the mass of our seamen are found. We are then to expect much feeling and passion on this account. The war must be popular when the cause of it is brought home to every man's door. No such thing, sir. The war is confessedly odious there. It is in States where seamen never grew that the war has its strongest advocates. It is there that you principally find the dark pictures of sailors' sufferings, and hear the loud and long appeals to the sympathies and passions of the people about seamen's rights and seamen's injuries.
I have now, sir, finished the remarks which I intended to make on the British claim and practice of impressment. We have for years past had so much idle declamation on the subject, that a dispassionate investigation of it appeared to me to be called for. In the course of these remarks, I have attempted to show that the claim was neither novel nor peculiar, and it is not wholly unsupported by reason; that our true interest calls more for a fair regulation of the practice than an abandonment of the rights; and that the conduct of the British, of late, has been such as to warrant an opinion, that an arrangement may be made, having for its object a proper regulation of the practice, leaving the rights of both nations, whatever they may be, untouched. Sir, with this view of the subject, it is not possible for me to consent to the adoption of measures, having for their object the further prosecution of the war offensively on our part; and I cannot, therefore, vote for the bill on your table. The war has not yet assumed a character. We have, indeed, added much, and are about to add more, to the public debt. Already a portion of our citizens are burdened with oppressive exactions in the form of duties, and heavy taxes are staring all in the face. But yet our homes and altars remain safe and unpolluted. Let us seize this moment to give the nation peace, and the people happiness. This is the appointed time, and if we do not improve it, I fear my country is to suffer in its prosperity and its institutions. For Heaven's sake let us pause!
Mr. Macon said after failing in his attempt to amend the bill, he had considered it of very little importance; indeed, in its present form, he was not anxious whether it passed or not; and he had intended not to have troubled the committee on the subject, but the strange course which the debate had taken had called him up almost against his own consent. He could truly say that he would not have offered a word to the committee, had not those who oppose the bill have brought into the discussion French influence, operating by a sort of magic on every act of the Executive. The conduct of the Executive had undergone the strictest scrutiny by these gentlemen, and their own arguments would, in his opinion, convince every impartial man, that it had been perfectly fair and upright to all foreign nations; the least attention to the documents, which have from time to time been published, would also convince every man of it, and satisfy all that the great object of the Government had been peace, and that peace was maintained until it could no longer be done without surrendering almost every national right worth preserving. Mr. M. said he would endeavor in his observations to follow the example which had been set the last two days: not to utter a word to wound the feelings of any one; nor would he refer to the documents, because every member possessed them, and they had been published for the information of the people; and he was sure that the committee must be tired with hearing a sentence here, and a paragraph there, read from them. The true way to understand them was to read the whole. But he had never been in the practice of making many quotations from books or documents, and he thought it unnecessary to make any now. He was clearly of opinion that the gentlemen who were opposed to the Administration had the right to say whatever they thought of it, and to select the subject on which they would speak; and as they had made the selection, he hoped they would have an opportunity now to deliver their sentiments. He, however, regretted that they had selected this bill; because, of all the bills which may be brought before the House the present session, not one, he thought, would require despatch more than this. The loss of a day now may be the loss of the next campaign. He had expected that this general debate, which seems to include every thing but the bill, would have been delayed until the loan should be under discussion.
The points made in the debate seem to be: impressment; the right to expatriate; the right to naturalize; and French influence; neither of which have any connection with the bill, which is to raise troops for one year. Sir, said Mr. M., I will not retort a charge of British influence, and so balance one assertion against the other, because I do not believe that there is much of either in the nation; but if I was to say there was none, I should not say what I believe. People may honestly differ in opinion as to the effect which the success of England or France over the other might have on the interests of the United States, without being under the influence of either; and this, no doubt, is the case with thousands.
I will, before I proceed further, notice some of the observations made by the gentleman from New York, (Mr. Emott.) If I have not understood him or any other gentleman correctly, I hope that I shall be corrected; because it is my sincere desire to state their statements fairly; and it is not always possible to take down their own words. He said, if there was any English influence, it was the influence of Locke and Sidney. As well might he have spoken of the influence of any other patriots who lived before us. Their influence will be respected wherever their works shall be read; but that sort of influence is not the influence of which we have heard so much, and which I intend hereafter to notice. He also mentioned the influence which drove the first settlers to Plymouth. Yes, sir, that influence was truly British, and that sort of influence Great Britain has been exercising ever since the first settlers, by their own industry and exertions, got into a situation to be useful to her; and that influence, or rather that persecution, compelled the first settlers of Carolina to leave the other provinces, and to settle a second time in the woods, and, as soon as they were able, to pay taxes. That same influence followed them, and made their condition much worse. It pursued the people in every part of the continent, until they declared themselves independent; and, from that day to this, she has not treated the United States as she has treated other independent nations.
Mr. Chairman, I was astonished when the gentleman told us he was not a friend to standing armies; and, almost in the same breath, said that, at the last session, he voted for raising the twenty-five thousand men, and that he did not mean to go to war when he gave the vote. For what purpose, then, could they be wanted? Experience had already shown that the old establishment was quite sufficient in time of peace. Indeed, a very considerable part of that was raised soon after the affair of the Chesapeake, and under an expectation that war would follow, and not for a regular peace establishment.
The same gentleman told us, that impressment by the British Government was no new thing. This is certainly true as far as regards her own subjects, and from her own vessels; but the systematic impressment of foreigners from foreign ships, is a new thing; and that, too, when the men and the ships both belong to the same nation. That Government never attempted to impress Spaniards, Dutch, French, Swedes, or Danes, from vessels belonging to the same nation with the person; and it is this new doctrine, which operates solely on us, of which we complain. The question between us and England has nothing to do with the doctrine that free ships shall make free goods, or free men, if gentlemen please. And why draw that into the debate on the impressment of American citizens from American vessels? No law or precedent can be produced for this abominable and wicked practice. It was never attempted to be justified, notwithstanding impressment is no new thing with her. Every Sovereign, said the gentleman, has a right to the service of all his subjects in time of war. But this right is like some others which Sovereigns claim; it is without a remedy. Of what avail is the proclamation of the Prince Regent in this country, ordering the British subjects home? None. Many of them are still here, and, probably, will remain until the termination of the war, and the British Government will never dream of punishing one of them for disobedience. But, admit this right in Sovereigns to its fullest extent, and it does not give one Sovereign the right to impress the citizens or subjects of another; nor does it justify such an act; of course it does not touch the act of which we complain; that is, the impressing of American seamen from American vessels.
It is curious that, throughout this whole debate, there seems to have been drawn a distinction between the rights of a man who cultivates the soil, and of him who follows the sea, and that this distinction should have been drawn by those who claim to be the champions of commerce and of a navy, and who have told us that agriculture and commerce were inseparable. Ought it not, then, to follow, that the rights of those employed on land or water should also be inseparable? This strange doctrine, as was observed by the gentleman from Louisiana, (Mr. Robertson,) may dust the eye, but cannot stagger the understanding of any one.
The same gentleman said, that we had taken no measures to exclude British seamen from American vessels. For what purpose were protections given to American seamen? Surely to protect them against impressment, and to show that we had no desire to protect others; and what more ought to have been done, he did not tell us. I ask, did any nation ever do more? Besides, has not the United States, over and over again, offered to make an arrangement with England on the subject of sailors, which should be satisfactory to both, by securing to each the use of their own sailors? and has she not always refused to make any arrangement about them? And it may be fairly asked here, what measures Great Britain has taken to prevent her officers from impressing our seamen? None that I have heard of, and she is the aggressor. We have not injured her, while she has been impressing our sailors whenever she wanted and could find them. If the United States wanted sailors ever so much, they could not impress one of hers, and she knows this; and she would not suffer one of them to be impressed by any foreign power; and we must determine to defend the rights of ours, or it will be idle to talk about navigation, commerce, and a navy. Indeed, if commerce and agriculture be inseparable, you must defend the rights of the persons concerned in both, or both must be injured. There are no neutrals able to carry our products to market, and if you will not protect your seamen, they will not carry them.
It is worthy of remark, that, for twenty years past, the Government of the United States has been trying to settle the question of sailors with Great Britain, and that every attempt has failed, and that it is just now discovered that we have always begun wrong. My colleague (Mr. Pearson) and the gentleman from Connecticut, (Mr. Pitkin,) it appears, could settle this great question without much difficulty. If they can, I wish most sincerely they would. I am, however, apprehensive that they are a little mistaken, because General Washington, when President, having Major Pinckney, now Major General Pinckney, for Minister at London, tried without effect. Mr. Adams renewed it with Mr. King for Minister; Mr. Jefferson with Colonel Monroe and Mr. Pinkney, now the Attorney General; and Mr. Madison, with the last named Pinkney. All these Presidents and Ministers, with the aid of every Cabinet, have failed. Every description of political opinion, with the greatest talents, have been employed and done nothing. At the end of twenty years we have gained nothing, and lost our labor; the question is as unsettled as ever; and we have been worsted in this way, that, while we were negotiating, they were impressing seamen.
We have been told by my colleague, that it is not the right, but the abuse of impressment of which we complain. It is true, sir, that we do not complain of Great Britain impressing her own subjects; she may do as she pleases with them; that is no concern of ours; all we ask of her is to keep her hands off our people; and we deny her right to impress American citizens; and if the abuse be the impressing them, of that we do complain, and not without just cause, because she has impressed many of them, and compelled them to fight her battles; and I have understood, after we had declared that war existed between her and us, that she detained those she had before impressed as prisoners of war, and this may be a part of her public law. Indeed, we have heard much about universal law and public law, neither of which, from the statements made, seem to have much regard to right or justice, which ought to be the foundation of all law. One universal law seems to be, that Sovereigns can command their subjects to return home in case of war; another, that no person can expatriate himself; and Great Britain is no doubt willing to acknowledge another, by which she might impress sailors from all the world. As to the first, we need not trouble ourselves about it; and the second, the United States have not acknowledged; and we are now contending against impressment; and permit me here to observe, that the republicans have always considered the impressment of citizens a more serious injury than the spoliation of property.
I must return to Porcupine's paper,[33] which, as well as I now recollect, never contained a sentence in favor of the Revolution, or much in praise of the constitution, if it was praised at all; no outrage was committed which it did not approbate; a few of the outrages of that time shall be stated: The Rogue's March was played under the window of the man who drew the Declaration of Independence, The man who first took up arms after the fall of Charleston, and whose body had been almost riddled in defence of his country, was a member of Congress, and was insulted at the circus. Another member, of no common cast of mind, was insulted at the theatre; a man who will do his duty in whatever situation he may be placed. Another, returning home with his family, was insulted and almost mobbed; he is now one of the Cabinet, mentioned by the gentleman from Massachusetts, (Mr. Quincy.) If I was not almost exhausted I would give some of the details of these then fashionable transactions. I will only add, it was nothing in those days for a few men to whip a printer whose publications they did not like. All these outrages and violations of law, it is believed, were not only approved by the editor of the before-named paper, but other Federal papers also. This same editor claimed to have more subscribers for his paper than any other editor in the Union. And after he returned to Europe, he wrote and published about some of his former supporters. Had this have been a French editor, and acted toward the Federal party as he did toward the Republican, and the subscribers to his paper Republicans, could not those who look at every thing now done to find French influence, have had as good a field to hunt in as any they have yet found? At the very time these events took place, the majority talked as much about French influence as the minority now does; they had clues, sub-plots, ocean massacres, and a hundred other equally ridiculous and unfounded tales, which circulated for a day. I have mentioned these things not with an intent to wound the feelings of any man living, but with a view of trying to persuade those who talk so much about French influence, to look at both sides of the question about foreign influence; and if they will, I hope we shall never hear of it again in this House.
Mr. Genet, when he was Minister of France, began to intrigue, for which he was dismissed. Mr. Liston, when he was Minister of England, began the same work, for which he was not dismissed. If the Republicans had then been in power, and Liston a French Minister, could not a strict examination of the documents have placed it as easily as many other acts have been to French influence?
While all these things were doing, and many others quite as strange, the gentlemen call themselves the followers of General Washington. If they be truly his followers, they ought to adhere to his principles, and attend to his last advice. Every act of his went to perpetuate the Union and to attach the States to each other. I fear the sentiments contained in his farewell address to the nation are getting out of fashion with those who claim to be his exclusive followers; or why do we hear within these walls, the foundation of which he laid for union, union, union; disunion spoken of, "peaceably if we can, forcibly if we must;" and why listen to idle and unfounded tales about foreign influence, which can never injure us as long as we stick to the old maxim—united we stand, divided we fall? Straws show which way the wind blows! What has become of the newspaper called the Washington Federalist? The name was, I have understood, changed to the Independent American; out of that, I believe, was raised the Federal Republican—all good names; but why lose the name of Washington to a paper supported by his exclusive followers? And this is the first time to my recollection that they have adopted Republican in their calendar.
I have heard that Federalism is not now the same that it was when Mr. Adams was President: we shall know more about this if ever they get into power again; be this as it may, every man has a right to change his opinion; it is a right which no Government can take from him, and when convinced that he is wrong, it is his duty to change. But I had thought, when Mr. Adams was President, we were told that he followed the plan of General Washington, and that he was then a favorite with the party who elected him, but a great change has taken place in regard to him. I always thought him an honest man, and I think so still. After Mr. Adams got out of fashion, Colonel Burr became so great a favorite with the Federal gentlemen who were then in Congress, that they voted thirty-five times for him to be President, when they must have known that not one elector who voted for him intended him for President. Afterward, Mr. Madison was a favorite; but, after the refusal of the British Government to ratify the arrangement made with Mr. Erskine, they examined the matter, and discovered he had not done right, and he got out of fashion. Then the late worthy and venerable Vice President and Colonel Monroe became favorites; Colonel Monroe got out of fashion about the time he was appointed Secretary of State; and, lastly, Mr. De Witt Clinton became a favorite. I hope he will not be injured by it, but he seems to be losing ground, as we have been told it was not his merit that induced the Federalists to support him for President, but the demerit of Mr. Madison. This does not appear to be a good reason, because they might have selected a man from their own party, who they thought had merit. But all these things may be the doings of those who, a former member of this House called ultra-Federalists; and it will be recollected that all these men became favorites, on the old doctrine of, "divide and conquer;" and it ought not to be forgotten that, when Messrs. Ellsworth and Davie returned from France, their political friends were a little shy of them; indeed, I should not be surprised if Messrs. Jay, King, Walcott, and Dexter, should not much longer be favorites. If we may judge from the public prints, Commodore Rodgers is no longer one, though he, like the others, is understood to be a Federalist; but these men will never say, "peaceably if we can, forcibly if we must." I would really thank any gentleman to tell me what is now meant by the party name, Federalist.
It is a fact on record, that General Washington did not approve of self-created societies, and I have understood that some of the people who claim to be his exclusive followers, have their self-created Washington Benevolent Societies, wherever they can establish them, and that they are political societies, and they were intended to oppose some other society; perhaps the Tammany. This could not justify the proceeding. As to myself, I do not care if there was one in every three miles square in the nation, so that I am left free not to be a member.
We naturalize, without hearing a complaint from any quarter, emigrants from Great Britain, of every trade and profession, merchants, lawyers, doctors, and even divines; to which may be added tradesmen and mechanics; they all go where they please, live among us, and take part in the politics of the day. If foreign influence could be introduced into the country by naturalizing, we should have more of British than of French; but naturalizing seems well enough for every body but a sailor, but do not permit him to become a citizen; he will be in the way of native sailors, who want encouragement; besides, we know that Great Britain will impress him, and we know as well, when her officers want men, they care not whether they are American or English. The native American has never complained that the naturalizing of foreigners of his trade or profession, injured him; nor has a complaint been heard from a native seaman against naturalizing foreign sailors; and we have had experience enough to know that our merchants could complain, and complain almost against their own complaint. Let their property be captured, or expected to be captured, under a new order in France or England, and more complaints will be made about it, than the impressing of a dozen citizens. The situation of the merchant, when plundered, is bad enough, but his property is not taken away without a trial of some sort before a judge learned in the law, whose duty it ought to be to decide according to law; he also employs lawyers to have justice done him. Not so with the sailor; when impressed, there is no learned judge to decide his case, or lawyer to have justice done; force is law to him, and his oppressor judge; he is put on board ships, and compelled to fight battles, in which neither he nor his country have any concern: deprived of the right to complain or petition; he is poor, friendless—Great God! can it be possible, that we shall yield the point of impressment, for the sake of carrying on a little trifling trade by hook or by crook!
All agree that we ought to fight for the rights of native seamen, and all agree that some of them have been impressed; why not all, then, join, heart in hand, to maintain their rights? Is it because the British officers impress from our vessels others besides natives? This cannot lessen their just claim to the protection of their country. We have, however, been told that only ninety-three persons were impressed in one year from American vessels; if only three of them had been the sons of the gentleman (Mr. Emott) who gave the information, I ask, would he have been contented with the long investigation of documents, to ascertain if any of the diplomatic meanders turned towards French influence? No, sir, he would not; he would have demanded of the National Government to have his children restored to his arms; he could demand this in a way to be heard. Far different is the case with these unfortunate parents who have had their sons impressed; they are too poor and friendless to be heard; the rights of the nation may be abandoned by little and little, until none be left; exactly as you may take a cent at a time from one thousand dollars, until none be left. All must determine to protect American seamen on board American vessels, or not hereafter pretend to claim any jurisdiction over the vessels when they are out of the limits of the United States. If a single citizen should be impressed on American land, the whole nation would be in a flame; the right to protection is the same, whether on American land or an American vessel.
It has been said that we do not act justly; that we encourage British seamen to run away, because we do not apprehend them and send them back, when they have run away from their vessels; they run away before our people see them, of course there is no encouragement to the running away. As to the sending them back, we are not bound to do it; and if it depended on me one should never be sent back, until the British ceased impressing and plundering our citizens, and I would agree that every man who engaged in the war on our side should have the right to be naturalized, though he fled from British naval tyranny.
It is remarkable that, while we hear not a word said to justify England for impressing and plundering the people of the United States, that so much should have been said to prove that we ought not to have gone to war with her, and that we were wrong in doing so. This is the best way that could have been devised to keep her aggressions out of view; not to say a word about them, and talk a great deal about the hardships of war, and the taxes which must be imposed to carry it on, winding up all their lamentations for the state of the country, with, if it was not for the war, a little trade could be carried on. Impressment, then, is a mere trifle, compared with this trade, and it may be that Great Britain understands it so, and is willing to gratify us with this trade for kin-sake, as long as we are contented to be impressed for kin-sake. The citizens who are impressed would tell her, if telling would release them, that nations are no kin.
This surely has been the most unfortunate Government from its establishment to the present time that ever existed; almost every thing that has been done is wrong: it was wrong to fix the seat of Government here; it was wrong to place this House and the houses for the offices so far from each other; it was wrong to give paper protections to American seamen; it was wrong to have a little mercy in the revenue laws; it was wrong to repeal the internal taxes; I believe that was called oppression—though I am no prophet, I venture to predict, that to lay them to carry the war on will be wrong also; to take Canada would be wrong;—indeed, it would be difficult to find any thing which has been done right, according to the modern Federal creed. How are we to get things right? Give up the chair you are in to one, the White House to another, and they will soon give you a sedition law which will put all right. The great discovery which these gentlemen have made, that so much has been wrong under every Administration, would surprise the people, were they not this moment astonished at the discovery of perpetual motion by Redheffer—two such great discoveries must add vastly to the character of the nation.
The attempt to take Canada is so wicked that some of the gentlemen are quite alarmed at it. We hear of the unoffending Canadians, but not of the unoffending sailor; at one time they are the most unoffending and loyal people in the world, at another they are French, and not fit to be united in our Government. We have heard much of the same sort formerly said about the people of Louisiana, and they have become a State, without any trouble to themselves or the Union. What has become of that high Federal spirit which disdained to buy Louisiana? Where is it when Canada is mentioned? The Federalism which desired to conquer Louisiana and keep it by force of arms, is changed when Canada is the question. The outrageous conduct of Great Britain is as much worse than that of Spain, as her impressment and plundering were worse than the refusal of the right of deposit. For one, I am willing to have Canada and Florida, and have them you must before many years. The situation of Mobile is such as to compel you before very long to take possession of it. Canada and Florida would rid us of bad neighbors, and make us more happy.
The committee then rose and reported the bill.
The several amendments made in Committee of the Whole were agreed to by the House.
Mr. Fitch again moved to strike out the 4th section, giving the President exclusively the appointment of all officers under the rank of field officers.
The question was decided in the negative by yeas and nays. For the motion 34, against it 74.
And the bill was then (half past six o'clock) ordered to be engrossed for a third reading, without a division.
And on motion, the House adjourned until to-morrow.