Part 250

All the advocates of the embargo on this floor have admitted that it was oppressive and a curse. Take away this curse and arm your vessels. It does not follow, as the gentleman from Virginia (Mr. LOVE) supposes, that arming will involve us in a war. When Great Britain finds we resist the French decrees, she will revoke her orders of council. When France sees she cannot bring us into her views, she will revoke her decrees.

Mr. FISK wished to say a few words on this subject. I am very much surprised, said he, at the expressions of the gentleman last up, and the gentleman from Virginia, (Mr. RANDOLPH,) yesterday. They expressed sentiments which, if they once take root in this nation, will prostrate your liberties and rights at the feet of foreign Governments. The gentleman who just took his seat has observed, that the subject of impressment was the main block in the way of negotiation. Very true, it was, sir; it goes to the personal liberty and security of your citizens; and if you surrender that right, what do you expect those citizens will say to you? Do you expect they will greet you with, “well done, thou good and faithful servant?” What can the gentleman think when he recollects the sensation displayed at New York on the death of Pierce, in consequence of the exercise by Britain of the right of impressment? Were those tears and lamentations feigned, or were they the sincere effusions of citizens feeling the injury done them, and burning with indignation at seeing their fellow-citizens murdered almost before their face? If we could believe what the gentleman now suggests, we should suppose that the liberties and lives of our citizens were of no value compared with commerce. Why do gentlemen tell us these things? Are they sincere? They cannot weigh life or liberty in the scales with sordid pelf; it is impossible.

It has been observed by the gentleman from Virginia, and it seems to have been intimated by the gentleman from New York to-day, that the question of impressment was by the rejected treaty placed on better ground than ever was expected; that something like security was afforded to the United States; something on which we could rely: and this assertion is brought in with no other view than as a defence of British measures and a crimination of our own. Let us see the language of the British Minister, in order to ascertain the fact. In the letter from Mr. Canning, dated October 22, he says, in answer to our Minister’s pressing this same question for some security, “no engagements were entered into on the part of His Majesty, as connected with the treaty, except such as appear upon the face of it. Whatever encouragement may have been given by His Majesty’s Commissioners to the hope expressed by the Commissioners of the United States, that discussions might hereafter be entertained, with respect to the impressment of British seamen from merchant vessels, must be understood to have had in view the renewal of such discussions, not as forming any part of the treaty then signed, (as the American Commissioners appear to have been instructed to assume,) but separately, and at some subsequent period more favorable to their successful termination.” It would seem, however, from what was observed yesterday, that this was left, though informal, on such a settled basis, that it might have been satisfactory.

If my memory serves me, the Secretary of State says these vexations are greater than ever. The British Government was never serious in making any settlement against this practice. We find, in the first place, that the British Ministers never yielded that right. We find that Mr. Canning, in answer to our Ministers, tells them they were not to consider the late proclamation respecting impressments as any new regulation on the subject; that the proclamation was not considered in that light, but merely as conveying instructions to the British commanders who might be at a loss how to act; that the proclamation had been framed for nearly three months, but never issued until that time. If it had been in existence for three months, it must have been framed at the very time that the attack on the Chesapeake was in view; that was to try the sentiments of this country, and they meant to steer their course by them. Therefore, it is not an instruction given to naval commanders, lest they should mistake their duty from the late incidents, because it was framed before the attack on the Chesapeake took place. It unfortunately happens that the British Government has not, in this case, covered its object.

I am a little surprised to hear gentlemen telling us that arming our merchant vessels would not produce war. Why arm, if they are not to defend themselves? If the belligerents defend their proceedings, will they not resist our vessels arming against their orders? Could it be done without being met by a declaration of war? But the gentleman from New York has told us that if we suffer our merchants to arm, the British would consider it a sufficient token of our resistance to the French decrees, and remove their orders of council. You have seen all the decrees and orders which make innovations on the law of nations, and subject our commerce to plunder. Are those of France the most hostile? Is the aspect of that nation the most hostile? Compare the letter of Champagny, which declares that our vessels shall be held in sequestration depending the measures of this Government, with the note of Canning, as well as the communications from Mr. Erskine, and what was the result? Look at the treaty which our Government is on this floor condemned for not signing, with the note annexed, declaring that if we submit to the decrees of France, His Britannic Majesty would consider himself bound not to observe the treaty. This note contained a threat; but it was nothing to what Mr. Canning, in observing to our Ministers on this subject, says: “His Majesty cannot profess himself to be satisfied that the American Government has taken any such effectual steps with respect to the decree of France, by which the whole of His Majesty’s dominions are declared in a state of blockade, as to do away the ground of that reservation which was contained in the note delivered His Majesty’s Commissioners at the time of the signature of the treaty; but that, reserving to himself the right of taking, in consequence of that decree and of the omission on the part of neutral nations to obtain its revocation, such measures of retaliation as His Majesty might judge expedient, it was, nevertheless, the desire and determination of His Majesty, if the treaty had been sanctioned by the ratification of the President of the United States, to have ratified it on His Majesty’s part, and to have given the fullest extent to all its stipulations.”

With regard to this treaty, I have no idea of entering into its merits. The gentleman from Virginia, yesterday, seemed to be extremely anxious to justify the treaty. He might have postponed its defence until it was before us, or at least until it was assailed. I will observe that, whatever might have been the intention of our Ministers, they placed the United States in a very disagreeable situation, obliging them to declare that they had no right to negotiate such a treaty. It has given occasion to Mr. Canning to say, “some of the considerations upon which the refusal of the President of the United States to ratify the treaty is founded, are such as can be matter of discussion only between the American Government and its Commissioners; since it is not for His Majesty to inquire whether, in the conduct of this negotiation, the Commissioners of the United States have failed to conform themselves in any respect to the instructions of their Government.” He then goes on to animadvert on the conduct of the American Ministers. Had they kept within the real limits of their own instructions, they never would have given occasion for this reflection on them.

On the score of informal negotiation it will be recollected that from the earliest days of the Government to the present time, the subject of impressment has been pressed upon the British Government, not only in times of war, but in times of peace. If there were in reality any foundation for the charge on our Government, of having sacrificed the interest of, or lost a security to, our seamen, by a rejection of this informal article, it will be only necessary to recur to the correspondence between our Ministers and the British Commissioners, and it will be found that not only formal, but informal articles were such as we ought not to have accepted; that reasonable concessions on our part were offered for the sake of accommodation and refused; that the Treaty of 1794 was, in some measure, proposed as the basis, but was not accepted by the British Ministry. Let me ask the gentleman for a single moment what were the terms offered in this treaty, which he regrets that the Government did not accept? Independent of its exceptionable provisions, it was accompanied by a note which contains a reservation to the British Government to regulate its own proceedings, and leaves us but two alternatives--either to declare war against France, or suffer the British Ministers to rule us. What do they offer us now? If we will trade as they please, and pay them a duty on all our exports, we may carry on our commerce. Is it possible that any man who professes himself an American could accede to this? The spirit of 1776, refusing to pay a duty of two per cent. on tea, would certainly not now yield that for which they then contended, and become again tributary to the British Government. This is not all. Even this admired treaty, which the gentleman from Virginia so much regrets, allows us to trade to the colonies if we will pay tribute. Was it not easily discoverable that two, three, four, or five per cent. would be laid upon the trade, and virtually prohibit us from carrying on this commerce altogether? It was better than prohibition: but if we would not tax it, they would prohibit it altogether. What right had they to demand this? Certainly none, and yet gentlemen wish to raise the embargo, to embrace these regulations, open all our ports to this fettered commerce, and will not place it in the power of the Executive to suspend the embargo. I am a little astonished that gentlemen who consider the embargo as the heaviest curse which could befall this nation, should be against any measure for removing its pressure. But so it is. Here permit me to say that I admire the flexibility of the gentleman’s sentiments. It must be well known to every gentleman in the House, that a gentleman from Virginia, in combating measures which were then carried into effect, as the non-importation law, said, that if we take measures at all, they should be strong measures; none of your milk-and-water measures, but an embargo; which would be an efficient measure. This same gentleman, at the present session, exclaims against the Executive influence which produced the embargo. At this very session we cannot forget the scramble between him and another gentleman in this House, (Mr. CROWNINSHIELD,) as to who should have the honor first to propose the measure; he even urged expedition in the measure, as he had a bill ready prepared. In the course of deliberation on the subject, he urged it as the only thing which could promote the national interests; and persisted in this, till one of his colleagues informed us of the effect which it would have upon Britain. He then rose and told us that he had done with the measure; that the measure was partial--not unconstitutional--that it was a new invention; that it was expressly aimed at Great Britain, and this was the great objection. But now we are told that the British Government will ask nothing better of us than giving up the carrying trade. But, unless the gentleman can prove that they are the carriers for their enemy and for us, he will find it difficult to prove that it favors England. Really I am at a loss to see the difference between the proposed measure and that which the gentleman so long since supported for authorizing the President of the United States to suspend the non-importation law. But the gentleman disclaims the influence of precedents. The gentleman has another objection--that it proceeds from a recommendation from the Executive. The gentleman took the liberty to pay a compliment to the President of the United States for declining a re-election; but he expressed great resentment against those States which solicited him to retain his station. I consider this as the highest mark of respect for the course pursued by the present Administration. But it seems, although totally irrelevant to the subject under discussion, the gentleman from Virginia has undertaken to question the motives of all who have joined in the request. The man who has the vanity and arrogance to suppose that he is superior to all mankind, may boast of his republicanism, but he possesses none. I envy him not his sensations. It will be recollected that the constitution has not denied the right of a President, for two successive terms, again to be elected. The legislatures, then, did not travel out of their constitutional course, and it would have been as modest in the gentleman from Virginia--to say no more of it--to have let the subject alone.

In regard to the constitutionality of this measure, which has been questioned, the bill supported by the gentleman from Virginia two years ago, was to enable the President to do a thing at a distant day, if he should think it expedient. What is the object of the present resolution? To put the whole commercial interest at the discretion of the President? Certainly not. If certain events take place, the President is to be authorized to suspend the operation of the embargo law. We command; he obeys. He is the agent, we the principal. The law, giving power to suspend the non-importation law, was more vague than this resolution. In that he had a perfect discretion, there was no landmark laid down in the law. Here there is. The distinction taken by the gentleman from Virginia is a distinction without a difference. The principles of both are the same. The powers given, and the consequences of the exercise of those powers, are the same.

But it seems that the gentleman from Virginia has undertaken to arraign all the measures of Government taken for some time past. A few days ago he was violently opposed to the raising a military force. At the present moment he draws consolation from the circumstance that both Great Britain and France are hostile to us. If he really feels a satisfaction in the hostile attitude of both powers, he ought certainly not to complain of the acts which he says have placed us in that situation. I cannot conceive how a man can with propriety arraign the conduct of an Administration, when he says their measures have produced the very effect for which he is so gratified. We learned from his observations the other day, and it was insinuated again yesterday, that the raising of an army was against the interest of the country. In 1805 and 1806, he was in favor of strong measures against Spain, for he said in the same proportion as we took measures against Spain, Great Britain would respect our rights; because France and Spain being one and the same, measures taken against one were also against the other. But the effects of strong measures seem now to be viewed in a different light. If it was just then to raise an army against France or Spain to make them respect our rights, it is certainly proper now to take strong measures against both France and England, except the gentleman show that the dispositions of nations as well as of men have changed since that time. At the present time the military spirit is a horrid thing; at that time, it was a very pleasant thing.

For a single moment let us consider the embargo. The gentleman says it is unconstitutional. That the constitution having prohibited the power of laying a duty on exports, denies the power to prohibit exportation altogether. There is no difference in this respect between the non-importation law and the embargo. If the argument be true, you must allow trade at all times, whether it furnish a means of annoyance against yourselves or not. Is it not a well-known fact, that Great Britain is in the utmost want of supplies for that navy which murders your citizens and blocks up your ports; and, therefore, you partially disarm them. However gentlemen please themselves and amuse the people--for that will be its only effect--with the idea that the embargo is a pleasant thing to Great Britain, we find that, even by the debates in their Parliament, their orders are considered as measures so hostile, that they expect a declaration of war. How happens it that we become their apologists? that their conduct strikes gentlemen on this floor in a more favorable light than it does the Britons themselves? They consider them as too strong. These members of Parliament must be much mistaken if some gentlemen in this House are correct.

To return to the embargo. I believe most religiously, that had it not been for sentiments expressed in this country so favorable to Great Britain; had it not been for insinuations that it was impossible for us to maintain this measure, before this time we should have been treated with respect by Great Britain. I cannot, while up, but notice what must be obvious to all--that not only in this House, but abroad, every attempt has been made to show that this measure is improper, unjust, and injurious. The table of this House has been loaded with petitions against the embargo; it is known from what source. Another circumstance attends them, that, though they come from different quarters, they owe their existence to one parent, and come from one land. It is very easy to sow the seeds of discord and discontent, if persons industriously and insidiously apply themselves to that object. Whenever a measure has been attempted against Great Britain, we have found what rancorous opposition it has met with. We are now asked to raise the embargo. What encouragement have we to do it? The Treaty of 1794 sacrificed our most important rights. Did it conciliate that Government? Did she even then respect your rights? From that moment to the present, your flag and citizens have been constantly violated. More than three, four, or five thousand seamen, have been impressed into their service. Is it possible that gentlemen can criminate the Government of the United States for not accepting a treaty which gave no security against this? Certainly not. The gentleman told us yesterday that we were contending with a great commercial nation, and had very little to offer in exchange for what we ask. Was it necessary to make this apology for Great Britain? I have thought very differently. Was our commerce of so many millions “nothing?”

Let us now consider the other point which is taken, that the circumstances attending the treaty alter the aspect of it--for this treaty is, to say the best of it, no better than Jay’s, which the gentleman says he so much abhorred. When Jay negotiated his treaty, almost all Europe was in arms against France; Spain, and Italy, then independent nations. When this new treaty was formed, Italy, Spain, Holland, Switzerland, &c., were at the feet of France; and that war which was engendered at the Court of St. James between Prussia and France was decided. Prussia was overwhelmed, and the knowledge of it reached our Ministers before signing this treaty. Germany was at peace. In this situation, was the attitude of Great Britain so imposing as to justify greater sacrifices than were made in 1794? It was not. It was believed and said in this country, that the arms of Bonaparte would conquer the world. Why, then, make this sacrifice? Had we any assurances, if that treaty was ratified, it would be held sacred? On the contrary, doubts were expressed and conditions annexed to it. Has not her conduct since justified a refusal of more than informal stipulations? At the moment when she attacked Copenhagen, she had a treaty with Denmark. She first attacked the town, and then offered terms of accommodation, which were of course refused. What can be said in justification of that outrage? There was, as we were told the other day, some supposition that the fleet was about to be delivered up to France. It was no such thing, sir; it was justified on the supposition that the Treaty of Tilsit contained some secret articles, and the British Government did not know what they were. When she had taken the Danish fleet and burnt the city, she asked the mediation of Russia to secure a peace between them. Can we believe her sincere in these things? If she really believed there were such secret articles, is it natural to believe that she would ask this mediation to restore friendship between her and the injured nation? If we could not see a treachery through this mist, we must be blind. But I would not have noticed the subject, except that a disposition has been manifested to criminate our Government, and prejudice the minds of the nation, instead of looking to the real cause.

I should have supposed, after what has been communicated to us, no one would have accused this Government of a want of justice in its negotiations with foreign powers. Whoever has read the instructions of the Secretary of State to our Ministers, must be convinced to the contrary. Even on the subject of impressments, they were instructed to press it in such a manner as not even to irritate the feelings of Great Britain. A peculiar solicitude has been displayed in all our proceedings to maintain friendship. It has been all in vain. We have been driven to the last alternative, either to shut up our ports for a while, or to fight. What do gentlemen now ask? That we should open our ports to Great Britain alone; for that would be the effect of raising the embargo. Has it been in the power of our Government to make a settlement? No. Are gentlemen willing to put up with what has happened? The terms which Great Britain has offered, it would have disgraced any people to accept. After she has attacked your national ship, shed the blood of your citizens, and obliged you to exclude ships of war from your ports, she requires that you rescind your proclamation before she will even tell you what satisfaction she is willing to make. She says, I have abused you; humble yourself, succumb to me, and I will make such satisfaction as I think fit. This is the nation for whom you are to lift the embargo, and these the favors you are to receive in return. I had rather see this nation again tributary to them than sacrifice so great a proportion of their independence, than acknowledge that all we have done is wrong, and all they have done is right. I consider that whenever this nation is reduced to such a state of apathy as to endure these things, our independence is not worth a straw. You have certain rights--first principles. Recede from them, and you open yourself to perpetual violation; if persisted in, they will prostrate your independence. With these sentiments I cannot consent to repeal the embargo, and the opposition to this resolution seems to be founded in a wish to do that.

Mr. KEY.--I rise on this occasion with great embarrassment, because in no instance of my political life, has any measure called on me to act, in which the interests of my country were more deeply involved. In common with my fellow-citizens of Maryland, I feel a total aversion to the continuance of the embargo, and I am confident I speak the almost unanimous sense of my constituents in calling for its repeal. However proper some of them might have considered it in the first instance, as an experiment from which good might result, yet all now are satisfied that nothing short of its immediate repeal will save them from great distress, and that a long continuance of it will induce bankruptcy and ruin. I am willing, sir, to admit, that those who advocated the embargo were actuated by the purest motives, and had the best interests of their country at heart--that they adopted it as a measure from which great permanent good would result; but time, which tests the correctness of political measures, has sufficiently elapsed to convince them of their error--at least it has impressed on my mind a conviction, that we deeply suffer, whilst those it was intended to operate on, lightly feel its effects. I was originally opposed to the measure--I still am opposed to it; although I anxiously wish its immediate repeal, yet I am compelled to vote against the present resolution, because in my heart and judgment I believe it is so worded as to violate, if adopted, the Constitution of the United States--and that I am unwilling to let the repeal of this law depend on contingencies, not known or designated and which are to grow out of the acts of foreign Governments.

An honorable gentleman from Virginia, (Mr. LOVE,) who originally voted for the measure, has this day admitted it to be a curse. I concur with him, as I hope he will now with me, in a vote and prayer for its speedy removal. I believe the embargo to be partial in its operation, oppressive, and, if persisted in, ruinous to the country. These are strong terms, but if gentlemen will lend a patient ear, I will endeavor to convince them of their truth, and I will use as much brevity as is consistent with perspicuity. The view I take of this subject is extensive, but I hope not diffusive.

The resolution proposes to vest the President with power, on the happening of certain European events, to suspend the embargo law. I am against it, because I want an immediate repeal, because it is unconstitutional to vest the President with power to suspend a law, and because it is partial in its operation, oppressive, and ruinous.

It is partial in its operation in two respects--first as it regards the persons on whom it operates, and secondly, as it respects the product operated on.

The district I have the honor to represent is not bounded on navigable water. So far then as it respects my constituents, (and many other districts of different States are in the same situation,) the law executes itself with rigor. From their geographical position, they are excluded the means of selling their surplus produce, while this very law operates as a bounty in effect to the citizens of other parts of the United States. I call the attention of the committee to the northern parts of the State of New York. That State binds on Lake Erie to Niagara, on the whole extent of Lake Ontario, on a great part of the river St. Lawrence, and the Lakes Champlain and George, and has an immediate, direct, easy communication with the British, in Upper and Lower Canada. The whole Genessee country, and the counties lower down, have a steady, constant market, the prices tempting, the access easy, and few or no officers to interrupt the daily supplies given to their British neighbors. We cannot shut our eyes to the fact of this commerce being steadily carried on.

The embargo, so far as it restrains places from exporting their surplus produce, goes to enhance the price of such produce in foreign markets--the enhanced price affords the temptation, and the easy access gives the means to that country to export it, and in fact, by excluding others, gives them a monopoly of supply. Near four hundred miles of northern coast, in proximity to the British settlements, gives to New York upon the lakes a steady market. Vermont binds on lakes which communicate with Canada. Passamaquoddy openly and publicly furnishes supplies to New Brunswick. In this state of things, and in the mode the law is executed, it is partial and oppressive, and my constituents and others in similar locations so feel and experience it.

But, sir, there is another portion of our fellow-citizens, on whom this law executes itself with peculiar severity, I mean the frugal, hardy, laborious and valuable fishermen of the Eastern States. I see gentlemen smile at a member of the Middle States supporting the interests of the fishermen; but, sir, I should think myself illy entitled to a seat in this House, if I did not know the value of that class of men to society and the Union. I wish, sir, their numbers, character, and usefulness, were better known and understood than I fear they are. And as on this subject my opinions may not be orthodox, I will refer to the head of the church.

Mr. Chairman, in the year 1791, the now President of the United States, then Secretary of State, made an able and luminous report on our fisheries. These are his words: first, as to the annual value of a fisherman’s labor, secondly, as to the situation and value of the whale fishery as carried on from a sand bar--

“About 100 natives on board 17 ships (for there were 150 Americans engaged by the voyage) came to 2,255 livres, or about $416 66 a man.”

“The American whale fishery is principally followed by the inhabitants of the island of Nantucket--a sand bar of about fifteen miles long and three broad--capable of maintaining by its agriculture about twenty families; but it employed on the fisheries, before the war, between five and six thousand men and boys; and in the only harbor it possesses it had one hundred and forty vessels--one hundred and thirty-two of which were of the large kind--as being employed in the southern fishery. In agriculture, then, they have no resources; and if that of their fishery cannot be pursued from their own habitations, it is natural they should seek others from which it can be followed, and prefer those where they will find a sameness of language, religion, laws, habits, and kindred. A foreign emissary has lately been among them, for the purpose of renewing the invitations to a change of situation; but, attached to their native country, they prefer continuing in it, if their continuance there can be made supportable.”--Mr. Jefferson’s report, January 10, 1791, on the subject of the fisheries.

I call the attention of the committee to every letter of this report, and then let each member ask himself the situation of the fishermen under the embargo law.

Sir, by the Treasury report laid on our desks it appears that the exportation of dried fish alone, in the last year, amounted to 473,924 quintals; and the whole product of the fisheries amounted to $2,300,000--a sum equal to the one-eighteenth part of the whole agricultural produce of the United States: thus in effect, in point of product, adding another State to the Union. Is this class of men, whose farm is the ocean and whose crop is its fish, to have their whole or nearly their whole interests sacrificed by the unequal operation of the embargo? I hope not, sir. I trust gentlemen will see the oppression of the law, and its partial operation, and remove it.

Again, sir, as, to the product, how does this law operate? The cotton planter and the tobacco planter have their articles little deteriorated by time. The embargo, to them, suspends the use of their capital only; but to those who have flour or fish, the embargo, if continued for a few months, destroys their capital--the thing itself. In this respect the embargo works partially; and in reference to its operation on particular portions of our country, on particular classes of people, or on the product, it ought to be repealed at once, and without delay.

Sir, it is a very remarkable fact, and not more remarkable than true, that if you compare the number of fishermen with the product of their labor, and the number employed in agriculture with the product of agriculture, that the value of the former to the latter is as ten to one--a people whose habits and manners are in consonance with republican institutions, and who are as valuable as the agriculturists. God has given them a noble estate in the ocean, most bountifully stocked, and diligently do they work it, with profit to themselves and advantage to their country.

THURSDAY, April 14.