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SENATE.

The Embargo.

NOVEMBER, 1808.

ships of war; and the neutral vessels and seamen supplied their places, became in fact, though not in name, auxiliaries in war. The commerce of those nations, without one armed ship on the sea appropriated for its protection, was intended thus to be secured under neutral flags; while the merchant vessels of Great Britain, with its numerous armed ships to guard them, were exposed to occasional capture. Such a course of things Great Britain has resisted, not in the present only, but And she has claimed and maintained a right to impose on this commerce some limits and restraints; because it was a commerce which was denied by those nations to neutrals in time of peace; because it was a commerce of immense value to the subjects of her enemies; and because it filled the treasuries with money to enable them to carry on their wars with Great Britain.

in former wars: at least as far back as that of 1756.

What did the people of Salem, of Boston and of New Haven mean, when they pledged their lives and fortunes in support of any measures that Government might take to obtain redress of the wrongs that this nation had endured? They meant that there was cause, and that they were prepared to go to war. And yet the gentleman from Massachusetts (Mr. PICKERING,) has written gravely, when other oppressions were added to those then complained of, that truly, "there were pretences, but no real causes of complaint against Great Britain."

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commerce was carried on conformably to a convention solemnly made between Lord Hawkesbury and Mr. King. The memorial from Boston advised a special mission; that from New Haven, Connecticut, pledged their lives and fortunes in support of such measures as Government might adopt to obtain redress and reparation for past losses. The Senate, alive to those remonstrances, advised the President to demand reparation for the past, and security for the future. The President, in obedience to this advice and in respect to the memorialists, did send a special mission; a treaty was made. It was sent back by the President. Why? It redressed not our wrongs. It requested us to tax our exports, so as to put them on a footing with the British, as to their war charges in similar articles. It made no provision for that grievance to which the Senate had particularly directed the attention of the President, to wit, the impressment of our seamen, and before it was possible that the President could receive it, the British issued a new order for plunder, to wit, to seize all our vessels, without any previous notice, found trading from one port of their enemies to every other port of her or her allies, by which order fifty or sixty American vessels were seized, together with cargoes to the amount of near two millions-this was followed up by other orders, until our commerce is entirely cut off from all its Hostility to commerce-Yes, sir, I have seen a usual course, as well by British as by French de-charge of that kind against the party in power, in crees. Government took a stand, I think an hon- newspapers, and in town-meeting speeches. orable stand, and now we find those same memo- believed it to be used for party purposes. I did rialists, indeed I may say the gentlemen in Senate not believe that any man of respectable standing, who advocated the advice to the President, tell- would have asserted such a fact. The honorable ing us, that truly they had no cause of complaint, gentleman from Connecticut (Mr. HILLHOUSE) that a pittance of trade may yet be pursued, (the has now declared that he verily believes that orders or decrees to the contrary notwithstanding;) there is a serious intention to break down comand to pursue this miserable pittance they de- merce, and to raise manufactures upon its ruins. mand that Government should tread back their And what are his proofs? That he did at the steps, shall make this nation contemptible in the last session prophecy, that such would be the eyes of all Europe, shall repeal the embargo laws course of conduct. In ancient days, Mr. Presibefore they have taken any other step, or adopted dent, there were prophets-there were false any other measure. The honor of our country for- prophets, who went through the land prophebids it, and that Senate which gave the advice, sying falsely to deceive the people. And I will not meanly retract their own act, or bend trust, Mr. President, the prophecy of the honorthe neck to any Power on earth. We know our able gentleman may be ranked with them. I power, and fear not that of our enemies. challenge the gentleman to produce one act-one solitary act-to prove his assertion. He cannot produce one. He may report conversations with individual gentlemen, who might suppose that commerce had been too much favored; and such opinions are entertained, not only by gentlemen from the South, but also by gentlemen from the interior of the North and the East. Yet, sir, I have never seen any of those gentlemen predicate any act hostile to commerce thereon. It may not be unprofitable to take a view of the acts which I have considered as expressive of sincere friendship toward commerce. rute books are filled with laws establishing lighthouses along the whole extent of our coasts, and a chain of lights are now to be seen extending into their aid, and carried on nearly the whole com- from St. Croix to St. Mary's. No new duty merce of those nations. With their seamen thus lib-charged therefor, has ever been proposed by any erated from the merchant service, those nations, in the member to be imposed on the tonnage of the present and preceding wars, were enabled to man their | United States. The duty on tonnage has re

In 1806, the Senate passed the resolution already quoted. In addition to the wrongs then complained of, wrong upon wrong had been heaped upon us, prior to the date of the public letter already mentioned. Who could have believed that the gentleman from Massachusetts, (Mr. PICKERING,) at such a moment, after having recorded his vote on our Journal, against the claim set up by Great Britain, would have written and published the following justification in support thereof:

"The merchant vessels of France, Spain, and Holland, being driven from the ocean, or destroyed, the commerce of those countries with one another, and with their colonies, could no longer be carried on by

themselves. Here the vessels of neutral nations came

The sta

NOVEMBER, 1808.

The Embargo.

SENATE.

gentleman from Connecticut complain or oppose any aid contemplated for our manufactures. The complaint is novel to me, for I should suppose if any State in the Union is in a situation to benefit by manufactures, Connecticut, from her population being full, will be that State. Some small duties have been laid to protect our agriculture, such as on hemp, indigo, and sugars, and a protecting duty laid on fish imported from foreign countries, to secure the consumption of our own country to the labor of its own fishermen, to which little opposition was made by agricultural men. In truth, Mr. President, there has been no act of hostility shown by Congress to the commercial interest, and much, very much of real friendship has been apparent in all the acts of that body.

mained the same from the first law passed thereon. It is small and not felt. The coasting trade of the United States is countenanced in a peculiar manner. It is confined to our own vessels and free of charge. Early after the adoption of our Constitution, Congress passed a law, levying a heavy duty on foreign tonnage, for the promotion of our own; and charging, on all goods imported in foreign vessels, a duty of ten per cent. on the duty imposed on similar goods when imported in American ships. This system secured the carriage of all goods imported into the United States, to our own vessels, and tended greatly to the immense tonnage now possessed by the merchants of the Union. This advantage was necessary to promote our navigation, when in its infancy, but, being now in its manhood, I should have no objection to admit foreign ships I have in my hand, Mr. President, a report of on the same footing with our own, to such for- a committee made to Parliament in June last. eign nations as would admit us on terms of re- The object of which was to point out what aid ciprocity into their ports; for, on equal terms, I could be afforded to their sugar planters of the have no fear of the enterprise of any nation be- West Indies. In this report it is recommended ing superior to our own. A system was adopted, "vigorously to blockade the colonies of their eneand has been continued, highly just in itself and mies," to prevent any sugar, coffee, or other coloproper, which conduced to the immense neutral nial produce being brought to the United States trade carried on by the merchants of the United from thence, to compel us to go to their islands States. I mean the system of granting drawbacks for the supply of all our wants of sugar, coffee, on re-exportation of foreign goods-by which rum, and molasses, and be subject there to whatsystem the nation has been greatly enriched, and ever high price they may charge thereon, and to thereby aided in the payment of the national debt; whatever duty on the exportation thereof they but which agricultural men may permit them- may think proper to impose. This system, which selves innocently to believe, has contributed to will be to us a system of taxation, has already conduct the United States to the present crisis. commenced, as may be seen by the blockade lateWe, the merchants, ought, therefore, to be cau- ly declared of all the French islands. It will be tious how we charge agricultural men with hos- continued, sir, and, if the embargo were off, we tility to commerce. Had Congress been justly should find ourselves completely excluded from chargeable therewith, they had a fair opportunity the benefits which gentlemen have promised themof showing it in 1806, when your tables groaned selves by a trade thereto. Retract our present with memorials from the seaport towns. They measures, Mr. President, and we submit to every might then have said, What have the agricultu- species of taxation and oppression on our comralists to do with your neutral commerce? We merce that Great Britain or France may think will protect the commerce carried on in native proper to impose thereon. They will think you exports, but will not entangle the nation with a degraded people, fit only to be hewers of wood those of foreign origin. Did they do so? No, sir; and drawers of water for them. Nor is this visthey, as well from the South as from the North, did ionary; six years ago the British Parliament taxdeclare their willingness to support and protected you in company with their own colonies, (for all the fair commerce of the Union. They treated the memorials with respect, and this House acted thereon.

Of thirty Senators present, only seven members voted against the resolution of advice to the President. Three of those were from the East, two from the South, and two from the West. Those gentlemen feared that we should be implicated in war for that trade which the supporters thereof now wish us in a great measure to relinquish. For were the embargo off, it could no longer be pursued to any port of Europe.

But, say gentlemen, protecting duties have been laid on foreign goods to benefit the manufactures of the Union. I sincerely wish there had been, but know of none, except on shoes and on ship-building; this latter I presume commercial men will not complain of. The duties therefore laid were to obtain revenue, not to protect manufactures. Nor did I ever until now hear any

they still consider you as colonies,) with a duty on all goods exported from Great Britain, of four per cent., when to all other nations they charge but one-and-a-half per cent. Thus imposing on the United States an annual tribute of one million of dollars. We submitted to that imposition, and this has encouraged them to proceed with other and heavier oppressions.

The gentleman from Connecticut (Mr. HILLHOUSE) has observed, that, were the embargo off, merchants would buy the produce of the land, the farmer would be relieved, and the loss arising from capture by the belligerents would fall upon the merchants. Why should we take care of them, said he, let the merchants take care of themselves. Is this the language used when the memorials were presented? Did we then tell the merchants to protect themselves? And is this the tender friendship the gentleman from Connecticut means to show to the commerce of the

SENATE.

The Embargo.

NOVEMBER, 1808.

Union? Had such language come from a South-conduct, that Great Britain would sorely repent ern gentleman, the honorable gentleman from it, for that the loss of Canada and perhaps of NoConnecticut would have good right to call it hos- va Scotia would be the consequence. The same tility to commerce. The same gentleman has gentleman has told us that Great Britain will be told us, that, although France had interdicted our able to obtain timber and lumber of all kinds sufcommerce with England, before the passing of ficient for her wants from Norway and Sweden. the embargo law, yet insurance did not rise five He is mistaken; for Norway belongs to the Dane, per cent. on that account. The gentleman is cor- from whose King the British plundered at Corect-it did not rise at all, for no merchant appre-penhagen sufficient for their navy for some time, hended any danger from French capture under and Sweden cannot supply Great Britain with the Berlin Decree; for the explanation given to staves and other articles of lumber. I agree with General Armstrong by the French Minister of the gentleman that our ships are our farms; that Marine gave full security against every capture our Government is as much bound to protect them on the high seas by the cruisers of France; for as they are to protect terra firma; and, sir, it was not one vessel was taken under that decree on for their protection, and not for the protection of the high seas; of course insurance never rose on the land, that the embargo was laid, and that purthat account in America, nor in England, as ap- pose has most effectually been obtained. pears by the examination of merchants before Parliament, except for a short time. The moment the explanation given to General Armstrong came to London the insurance fell to its usual rates, and this will account why insurance did not rise in America prior to the passage of the embargo law. But, sir, it would be very different were the trade open and our vessels subject to capture under the Milan Decree. Privateers of France, knowing that our trade was unprotected, would swarm upon the ocean, and capture all that would be left from the depredations of Great Britain.

Should the resolution to repeal the embargo prevail, I have very little hesitation in saying, that the premium of insurance on vessels bound to England would, in a short time, rise to twenty or twenty-five per cent. against capture by French cruisers; and that no premium would induce the offices to underwrite vessels bound to the Continent of Europe against British cruisers.

We are told by the gentleman from Massachusetts, (Mr. LLOYD,) that one of the belligerents makes war upon the world for universal dominion, and the other for her natale solum. For my part, Mr. President, I cannot conceive why the United States should take part with either. Our policy has been entanglements with no foreign nation." I hope, sir, we shall never turn Don Quixotes in support of one nation whose object is universal dominion on the land, nor in favor of the other, whose object (more injurious to us) is tyranny and universal dominion on the seas. The same gentleman has told us of immense fortunes being made in Canada, by the advantages deriving to the merchants there, from our embargo. I believe there have been evasions in the articles of pot and pearl ashes, which went to Canada, but I cannot think it could amount to the quantity insinuated. The principal trade to that colony has been the export of specie, where bills of exchange on London have been purchased at five per cent. below par, and sold at Boston and New York at seven and a half per cent. above par. The profits resulting therefrom has been to the merchants of those cities. The injury to the nation has been the export of its specie. Measures, no doubt, will be taken to prevent such injury.

The gentleman has said that, if the embargo were off and we were brought into a war by her

Great Britain will also feel severely the want of our commerce to her East India possessions; nay, sir, it has already been felt there-our imports from thence amount to about four millions annually, for which we make payment in Spanish dollars; the goods we purchase are inferior to those made for the India Company. The want of such vent for so large a quantity of goods will be felt; it has been, for the prices thereof fell twenty-five to thirty-three and a third per cent. in Calcutta, the instant they were informed of the embargo. And, sir, the Government of India will feel it as well, arising from the complaints of those who manufacture, as in the want of the annual supply of four million dollars. Indeed, sir, I am informed by a respectable gentleman just arrived from Calcutta, that the Government of India, and English subjects residing there, were greatly distressed when they were informed that an embargo had been laid in the United States-they consider it as a measure peculiarly injurious to that Government.

It may not be improper, before I conclude, to take a view of the dangers which would result to our commerce in case the resolution should obtain. All American vessels bound to Great Britain or any of her possessions in the East or West Indies, or in Europe, would be subject to capture by French cruisers under the decrees of France.

All American vessels bound to Russia, Denmark, Hamburg. Bremen, Holland, France, Italy, the Turkish dominions, Austria, or any part of Spain or Portugal, in possession of French troops, would be subject to capture by British cruisers under their Orders of Council, enforced by an act of Parliament. In this state of insecurity and danger to our commerce, I cannot give my consent to adopt the measure under consideration.

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I will terminate by making use of an observation of Mr. Canning, which I conceive equally applicable to us in our present situation:

Character is power. To lose our character is to lose a material part of our power;" again: "Not a doubt shall remain, to distant times, of our determination and of our ability to have continued resistance; and that no step which could even mistakenly be construed into concession, should be taken on our part, while it can be a 'question, whether the plan devised for our de

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NOVEMBER, 1808.

The Embargo.

SENATE.

struction has, or has not, either completely fail-into our present situation. It is not surprising ed, or been unequivocally abandoned." When Mr. SMITH had concluded, the Senate adjourned.

TUESDAY, November 29. The Senate resumed the consideration of the motion for the reconsideration of the vote of the 25th instant, for receiving and reading the instructions of the Legislature of the State of Massachusetts to their Senators on the subject of the embargo; and on motion, by Mr. ANDERSON, the motion for reconsideration was withdrawn, and

the instructions were read.

Mr. GILES gave notice that he should, to morrow, ask leave to bring in a bill appropriating a sum of money to enable the President of the United States to call into service the seamen authorized by the act of the 5th of March, 1807, not exceeding five hundred.

THE EMBARGO.

The Senate resumed the consideration of the motion made on the 11th instant, for repealing the "Act laying an embargo on all ships and vessels in the ports and harbors of the United States, and the several acts supplementary thereto."

Mr. HILLHOUSE rose and addressed the Senate as follows:

Mr. President: When I offered the resolution for a removal of the embargo, and submitted my remarks to the Senate, I was impressed with serious apprehensions for our country's welfare, on account of the embarrassments so forcibly described, and which have been painted in such vivid colors, by the gentleman from Virginia, (Mr. GILES.) It was because I felt anxious that we should extricate ourselves as soon as possible from those embarrassments, that I came forward thus early with my resolution. I had been led to believe, and still believe, that the way to extricate ourselves is, to explore the causes of our difficulties, to examine into the truth of facts, and to have a candid and impartial inquiry into the policy and expediency of our present measures; that if, unfortunately, we should be found in an error, we may retrace our steps, and not, by an obstinate perseverance therein, involve our country in ruin. Little did I expect that I should be charged with having proposed a tame submission to foreign aggression, or a disposition to abandon our neutral rights, or surrender the independence of my country-much less, with having forgotten the spirit and policy of '76, which carried us safely through the Revolution, and achieved our independence. I confined myself to general remarks, and was not, perhaps, so particular as I ought to have been, to make myself understood. I shall, therefore, now take the liberty of stating what was the spirit and policy of 76; and I shall be able to show, from public documents and records, that, as long as that spirit and policy were pursued, they secured us in the enjoyment of our independence, and caused our maritime rights to be respected. Unfortunately for our country, it was a departure from that policy that has brought us 10th CoN. 2d SESS.-6

that many mistakes should be made respecting the spirit and policy of '76 by those who must have derived their information from tradition, and not from their own personal observation. I have noticed that many of those who say most on that subject, were either not born, or were in their cradles, or have since migrated to the United States, to enjoy the fruits and blessings of that Revolution.

The patriots and statesmen who guided our public councils at the commencement of the Revolution, believing our rights were invaded, and our liberties endangered by the arbitrary and unwarrantable claims of the British Parliament, resorted first to respectful petitions and remonstrances to induce the British Government to abandon their unjust claims, and adopt such measures as would secure our rights and liberties. But, when these means were found to be ineffectual, they nobly dared to make their appeal to arms, and to declare themselves a free and independent nation. And, though we were without a regular organized Government, and had neither Army nor Navy, they dared, in defence of their just rights, to wage war with a powerful nation. They did not tell us that we must abandon our right to navigate the ocean, or yield up any other right because of surrounding dangers. The maxims then were that, rights which were not worth defending, were no rights; that, to be respected, we must convince others that we would not tamely submit to insult; and that, to preserve peace, we must be prepared for war. This spirit and policy carried us safely through the Revolutionary war, established our independence, and secured our sovereignty, one essential attribute of which, is the right to navigate the ocean. In 1783 we obtained an honorable peace. In 1793, war having commenced between France and England, our maritime rights were invaded by the latter, and our vessels were captured and condemned under the memorable November orders. An attempt was then made to introduce the same policy, to defend our rights and vindicate our honor, which is now, and for some time has been, in the flood tide of experiment. The famous resolutions proposing duties of discrimination between foreign nations, the entering into a commercial warfare with England, and propositions for a non-intercourse law, and sequestration of British debts, will be remembered. The Journals of that session of Congress contain a record of them, and will show who were the friends and advocates of that policy.

Fortunately for the nation, we then had a Chief Magistrate who was actuated by the spirit, and well knew, and was determined to pursue, the policy of '76. He boldly came forward, and put an end to all those projects by nominating an Envoy Extraordinary to the Court of Great Britain, to remonstrate against the wrongs, and demand satisfaction for the injuries we had sustained. That Minister was not sent out with a non-importation or non-intercourse act in his hand, which, the President well knew, would have been understood

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and considered by Great Britain in the nature of a threat, or an attempt to coerce, and would defeat the object of the mission. He was in reality sent with the olive branch, on the principle of a fair and honorable negotiation.

NOVEMBER, 1808.

France did refuse to treat, and rejected our Ministers. What was the result? Not long, detailed, diplomatic correspondences, further remoustrances, and paper resolutions. A negotiation of a different nature commenced. We spoke a lanIn the meantime, knowing that a failure of the guage not to be misunderstood. We spoke from negotiation must result in war, or an abandon- the mouth of the cannon. Our treaties with her ment of our rights, every preparation to meet were annulled; all intercourse prohibited; our the event which it was in the power of the coun- merchant vessels authorized to arm, and defend try to make, was made. Laws were passed for themselves against French privateers; an army fortifying our ports and harbors; to provide a was raised, and our little Navy equipped, manned, Navy; to erect arsenals, and provide magazines; and sent out to protect our commerce and capture for raising artillerists and engineers; for directing the armed vessels of France. A war, not of ofa detachment from the militia; to prohibit the fence, but defence, was commenced. Naval conexportation of arms and ammunition, and to en-flicts soon ensued, and a French frigate was taken, courage the importation of the same; to build or purchase vessels to be armed and equipped as galleys, or otherwise; and for making further and more effectual provision for the protection of the frontiers of the United States. These several acts were passed in the short space of about ten weeks, and, not only found their way into the statute book, but were promptly carried into execution; and, being laws of a mere municipal nature, providing for our internal security and defence, they gave no umbrage to Great Britain. Yet they spoke a language she well understood. What was the consequence? Great Britain admitted our claim, revoked her orders, and made satisfaction for the injury; and a treaty was concluded, under which our citizens have received millions of dollars for the losses they sustained by the capture and condemnation of our vessels. And, since it went into operation, as the gentleman from Virginia candidly admits, the United States have enjoyed unexampled prosperity.

France, still at war with England, had expected that the differences between England and the United States would involve the two countries in war. Dissatisfied, therefore, with the treaty, France manifested an unfriendly disposition towards our Government. In 1797, the spoliations committed under the outrageous decrees of France were such as could no longer be tolerated consistently with our national honor and interest, and the French Government had, moreover, refused to receive our Minister.

It was once more fortunate for the nation that our then Chief Magistrate, and the Councils of our country, were still under the influence and guidance of the spirit and policy of '76. Envoys Extraordinary were sent to remonstrate against the injuries we were suffering and to demand satisfaction-not accompanied by non-importation laws, or any other acts or resolutions which could wound the pride of that nation. At the same time, Congress provided means of defence, so that the nation might be prepared to avenge its wrongs, and vindicate its honor, in case of a refusal on the part of France to do us justice. Laws were passed, prohibiting the exportation of arms and ammunition, and for encouraging the importation thereof; to provide for the defence of the ports and harbors of the United States; to authorize a detachment from the militia, and to provide a naval armament.

after a hard fought battle, by an American frigate commanded by the gallant Truxtun. The French privateers and piratical boats which had annoyed our trade were swept from the ocean, our commerce resumed its wonted activity, and our vessels again navigated in safety every sea. What was the conduct of France? A declaration of war? Far from it. Though she had before treated us with indignity, the manly attitude we assumed in defence of our rights and national honor commanded her respect, and she proposed and entered into a negotiation, which ended in a treaty that was ratified by both Governments, and was finally promulgated by a proclamation of the President of the United States, on the 21st of December, 1801. At this period the American flag was respected in every sea, and the American name and character were honored by all nations.

Since that period, unfortunately for our country, a different policy has prevailed in the public councils, founded, no doubt, on the idea that a just nation is trusted on its word, while wars are only necessary to nations of an opposite character.' A policy calculated on to save the necessity of ships of war, and exactly comporting with some of the modern ideas of economy. In pursuance of this policy, our Navy has been suffered to decline, and some of our ships have, for years, been moored, to rot, in the mud of the Eastern Branch of the Potomac.

Many efforts have been made, but in vain, for removing our little fleet into the salt water to protect our commerce, at least on our coast, and to secure us from being insulted within our own jurisdiction, by the armed vessels of the belligerents. We were told that if our ships went out, and should meet with foreign vessels depredating on our commerce, or insulting our Government, they would fight, and we should have war. That our ships would fight, on proper occasions, I have no doubt.

Though the discouragements which have been thrown in the way of our naval prosperity have greatly tended to depress the martial spirit, it still exists, and, if an opportunity presents, will be drawn forth into action. Believing this, I confidently rely on our being ultimately able to extricate ourselves from the perplexing and distressing situation described by the gentleman from Virginia. That this opinion is correct, the conduct of our naval force in the Mediterranean sea fur

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