Mr. Livingston complained that this bill went to place the power of life and death in the hands of the President, with respect to every Frenchman in this country, in case the French Government should commit any act of violence against one of our citizens. He doubted, indeed, whether he would not have this power, in case of any American citizen being killed in battle on board a British ship. The Legislature, he said, had no right to vest this power, except in case of war; nor did he believe it would ever be exercised, if given. And as the decree complained of had been two years in existence without being carried into effect, he thought there was no need now to create an alarm about it. Indeed, the last decree having been suspended, he considered the first to be so also.
Mr. Edmond was sorry, at this late hour, to occupy a single moment of the time of the House; but he found himself called upon to say a few words. It was a painful reflection, he said, that any nation in the world should deliberately pass a legislative act for the purpose of authorizing the commission of murder; for the arrêt of the French Republic was nothing less than a law for putting innocent men to death. An instance like it could not be found on record. In time of war retaliation is found necessary to prevent the enormities of an enemy. Indeed, the intention of retaliation is always to prevent cruelty. This decree was said to be suspended; but if it were not intended to give it future operation, it would have been repeated. It might be convenient to suspend the decree for a time; but when a nation is so depraved as to pass a decree of this kind, what security have we that the decree will not be brought into operation in the recess of Congress. If it is not, the present law can have no effect. Mr. E. believed no one but the gentleman from New York could have supposed that this law was meant to retaliate for men killed in battle. If he examines the bill, he will find that the person must have been put to death pursuant to a decree of the French Republic. And whilst we suffer our humanity to be touched with respect to French citizens here, we ought not to forget American citizens, whose blood may be spilt in France under this decree.
Mr. Gallatin observed, that three arguments had been used in favor of passing this bill. One of them was, that it would afford protection to our seamen; the second, to give sufficient cause of irritation by repelling every hostile measure of the French Government by one of a similar nature; the third, to prevent the people of America having any belief in either the sincerity of France or the probability of a negotiation.
Mr. G. did not believe that this bill would give the protection expected to our seamen; and as to the power of retaliation, well knowing, both from the character of the President and the general character of America, that retaliation would be repugnant to his feelings, and the feelings of the public at large, he did not believe a single case would ever happen in which it would be exercised. What, said Mr. G., would be the degree of proof necessary to carry into effect this law? A man must have been taken on board a British vessel, or some other vessel at war with France, and put to death or ill-treated by the French. It must also be proved to have been done in pursuance of a French decree. In the next place, he must be an American citizen, and have been compelled to go on board such ship; and Mr. G. did not know how all this information was to come to the President.
If, said Mr. G., it be really our intention to give protection to our seamen, instead of authorizing the proposed retaliation, we ought to go to the source of the evil, and endeavor to prevent the impressment of our seamen by the British, which alone brought them into this situation. This bill does not comprehend any American who goes on board of a British ship of war voluntarily; they are not entitled to our protection by the law of nations; they must seek protection from the country under whose flag they sail. Those American citizens only, therefore, who have been forced on board a British ship of war, and who have been obliged to fight their battles against their will, are by this bill to be protected, so far as retaliation can protect them.
Mr. G. said, he had been induced to mention this point, not only because it naturally flows from the subject, but from one of the documents which had been submitted to the House. He alluded to Lord Grenville's letter to Mr. King, our Minister at London. [Mr. G. read an extract of that letter.]
Mr. G. observed, upon this document, that it contained a very extraordinary acknowledgment. Lord Grenville says, "the King feels the protection due to those who sail under his flag." Thereby openly acknowledging that there are a number of American seamen who do sail under his flag. And, as not many of our seamen had selected his service in preference to that of their own country; as our own seamen, if left to their choice, would sooner sail on board of our own ships than those of His British Majesty, it is therefore an explicit avowal of the impressment of American seamen. That identical document which communicates the offensive decree of France, is also the occasion of this bill.
This acknowledgment, said Mr. G., leads to more than one consequence. If we pass this bill, it will amount to this, that knowing American seamen were impressed by the British, the fact having been thus confessed, we choose rather to pass a retaliatory law against the French for punishing our seamen found in a situation into which they were arbitrarily forced by the British, than apply a remedy to the root of the evil.
Again, another part of this letter of Lord Grenville, when connected with this measure, made an extraordinary impression on his mind. The acknowledgment having been made, it might have been supposed Lord Grenville would have ordered all such American seamen to have been released; but he does not do this, but says the King will cause retaliation to be exercised. To do this might have some effect whilst these men remained on board of the King's ships; it would, therefore, increase his power, and prolong the time during which such seamen will remain on board. But Lord Grenville does not stop here. He says, the "King leaves it with the different powers to take measures accordingly." So that he gives us advice what we ought to do, and we are about to do it. Mr. G. had said, this bill was not likely to produce any effect; yet, if it should be put in force, by referring once more to Lord Grenville's letter, it will appear that the retaliation of which he speaks is to be confined to French prisoners, whom the fortune of war had thrown into the power of Great Britain; and he believed the present law should be confined to persons who should be captured by vessels of the United States. And it would be most effectual in this way; because if it were to operate against other French citizens in this country, the French Government would not be concerned about it, since ninety-nine out of a hundred of those citizens are probably emigrants, or persons for whose safety they have no interest.
If by meeting every hostile act of the French Government by a measure of a similar kind, we could render this country more respectable, Mr. G. should be in favor of it; but, in the present case, he did not think the measure applicable. There was a great difference, he said, between measures of hostility and retaliation. Measures of retaliation could do no good, except as preventives; and as the decree in question had already been two years in force without being carried into effect, it could scarcely be expected that it would now be exercised.