Part 156

2. The evidence of hostility towards the United States, on the part of the Shawanee Prophet and his adherents, anterior to the commencement of the late campaign against them, under the command of Governor Harrison;

3. The orders and authority vested in Governor Harrison by the United States, under which the late expedition against the Indians was carried on; and such other information relating to the subject, as, in the opinion of the President, may be proper to be communicated to this House.

The resolution was read, and ordered to lie on the table.

THURSDAY, December 19.

Battle of Tippecanoe.

A Message was received from the President of the United States, transmitting two letters received from Governor Harrison, of the Indiana Territory, reporting the particulars of the issue of the expedition under his command on the Wabash. The Message and letters were read, and referred to Mr. MCKEE, Mr. SEVIER, Mr. BRECKENRIDGE, Mr. MORROW, Mr. ALSTON, Mr. LEFEVRE, and Mr. MAXWELL, to consider and report thereon to the House.

Foreign Relations.

The House resumed the consideration of the sixth resolution, reported by the Committee of Foreign Relations, in the following words:

"6. That it is expedient to permit our merchant vessels, owned exclusively by resident citizens, to arm, under proper regulations, to be prescribed by law, in self-defence, against all unlawful proceedings towards them on the high seas."

Mr. ARCHER.--The sixth resolution of the Committee of Foreign Relations being now on its passage, I must express my sorrow that I am compelled to obtrude my humble observations upon the fatigued patience of the House, and the more exhausted patience of the nation. As I shall vote against the resolution, I feel it to be my indispensable duty to detail to the House the reasons by which my vote shall be actuated. Many honorable members may, perhaps, conceive that it would be more proper for me to reserve my remarks for the bill, when it shall be reported; but, sir, I have ever held it to be my sacred duty to oppose, even in its incipient state, every measure which may be hostile to the rights, or dangerous to the interests of my country, lest, by not seeming to oppose, my conduct should be construed into an encouragement of such a measure.

For what purpose, sir, let me ask, have we adopted the resolution preceding this? Was it for the purpose of destroying the Government? Was it that the members of that Army should sheath their swords in the bowels of the liberties of their country? Who will impute to this body so disgraceful a motive? Are you about to raise a standing army, not for the purpose of making preparations for war, but with a view of intimidating Great Britain to recede from her unjust infractions of our neutral rights? Do not think that she will be intimidated by any preparations which you can make, however formidable they may be. She knows, too well, your conduct heretofore, to believe you are in earnest. She knows that, many years ago, you resolved to resist, but that this honorable determination terminated in an empty resolution. She knows, too well, that you have been, heretofore, prodigal in words, and parsimonious in spirited action. I do not set myself up for a prophet; but, mark me, if it be not true, that Great Britain will not do you justice till you carry the war out of this hall into the heart of her colonial territories.

Under the firmest conviction, then, as I am, that war between the United States and Great Britain--if we have any respect for our honor as a nation--will be an event of inevitable consequence, I have in vain searched for the reasons which would induce us to authorize our merchant vessels to arm against all unlawful molestations on the high seas. As the resolution is, in its nature, general, every man must see, on the contrary, the dangers necessarily attendant upon the adoption of such a measure. You are now on the very verge of war, and you should, therefore, be careful not to multiply your enemies. You may, by passing this resolution, make France your enemy. You may enlist Denmark and other powers of Europe against you. This is an event which would be deeply deprecated; and, that it should happen, is nothing improbable; for your merchants, armed as they will be, in defence of their commerce, may select the nation who is to be your enemy. If they are molested in their commerce, whether lawful or unlawful, they will be disposed to resist. At any rate, they will be the judges of the juncture when their interests may call for the interposition of force, and will exercise that force according to their own whims and caprices. They sail on the ocean clothed with national authority, and for their actions, whether lawful or unlawful, you will be compelled to answer. Sir, I respect the highly honorable occupation of a merchant, but am not disposed to carry that respect so far as to give my sanction to the adoption of a measure which may jeopardize the peace, and endanger the interests of my country. If this resolution were to authorize an arming against Great Britain alone, this argument would have no effect; but as it has a view to a general arming against all nations, this reasoning is conclusive on my mind, and must operate in the same way upon all men who will give the subject a dispassionate consideration. The consequences of such a measure are plain and obvious. Now, let us examine whether there exists any reason sufficiently powerful to outweigh these considerations.

What is the object, and the only one too, as stated by the honorable chairman of the Committee of Foreign Relations, (Mr. PORTER,) for the adoption of this measure? Your vessels will be armed and prepared for privateering the moment war shall be declared. Why, sir, do you think the merchants will believe that you really intend to go to war? And, if they doubt upon this subject, do you suppose they will be so regardless of their own interests as to expend their capital in fitting out privateers, when no absolute certainty exists that war is your object, or your serious intention? It would, certainly, be an object of no inconsiderable moment to have privateers prepared to harass and disturb the commerce of Great Britain in the event of war. If this be your object, you are taking a very improper course to obtain it. If such be your object, take some decided and energetic step which will convince even the incredulous that you will resort to the sword to obtain justice, and your end will soon be effected. But, do not depress the hopes of the nation by sanctioning this tame, imbecile, and temporizing system.

What is the spirit that breathes in the five resolutions which have been adopted--resolutions which were in entire accordance with my feelings? Is it not a spirit of war? Do they not bear a hostile aspect? Are they not calculated to induce Great Britain to believe that forbearance on our part has terminated, and that we are resolved, unless she speedily extend to us full and ample justice, to decide the contest by the sword? Have you any thing to hope, by operating upon the minds of the rulers of that nation, a conviction that you are boasting no longer? If you do entertain such a hope, I pray you, do not adopt this measure--a measure which will show her the fluctuation of our opinions, and the repugnancy of our plans; a measure which will lull to sleep her fears of war, and convince her not only of your indecision, but of your timidity to unsheath your sword in defence of rights clear and undisputed, and in avenging injuries too glaring for the dignity and honor of a nation to submit to. Are the wishes of this nation to be unattended to? Ought we not to relieve its anxieties? Or, are we to tantalize their hopes with energy in one law and imbecility in another? Are the merchants to be told we will protect their commerce? By what? By granting them a right which nature has already given to them? Is commerce to be protected by abridging the natural rights of the people? Is this measure no abridgment of their rights? Does it not confine the legality of arming to resident citizens alone? Look at the measure as you please, it is a dead letter. Is this the period of all others to be selected to incorporate unmeaning laws in the body of your statute book? Do not satirize, by such an act, the manly sensibility of the people. Do not paralyze the national arm. No; let us do justice to the nation by the adoption of such measures as will renovate the depressed spirits of our constituents; which will prevent them from falling into that destructive and deadly languor which this resolution is calculated to produce.

The question was then taken to concur with the Committee of the whole House on the state of the Union in their agreement to the said sixth resolution, as reported by the Committee on Foreign Relations; and resolved in the affirmative--yeas 97, nays 22.

SATURDAY, December 21.

Statutes of Limitation.

Mr. GHOLSON, from the Committee of Claims, who were instructed by a resolution of the House of the 11th ultimo, to inquire into the expediency of repealing or suspending the various acts of limitation, so far as they operate to bar the payment of certain descriptions of claims, made a report thereon.--Referred to the Committee of the Whole on the report of the Committee of Claims on the petition of Rees Nanna and others. The report is as follows:

That they have bestowed on the resolution that full consideration to which it was entitled. They felt, on the one hand, sincere solicitude to devise some just and adequate method of satisfying the claims in question; while, on the other, they were forcibly struck with the unavoidable scenes of speculation and fraud which would ensue the repeal or suspension of any of the acts of limitation, whereby those claims are barred. If the old soldier, his widow, or his orphan, were alone to be benefited by such suspension, your committee would not hesitate to recommend it. Past experience, however, hath evidently shown that similar legislative indulgences have enured almost exclusively to the advantage of the unprincipled speculator, and those who avail themselves of the ignorance and subsist upon the misfortunes of others. We have innumerable examples of the truth of this position, in the consequences that resulted not only from the various suspensions of these acts which have hitherto taken place, but more especially from the adoption of the Funding System. It is deemed unnecessary to enlarge upon the consequences; they are too well known.

Although a communication received from the Treasury at a former session holds out an opinion that there are in the possession of that Department sufficient checks and guards to protect the United States from imposition and fraud in the payment of a certain part of those claims, the committee are differently impressed. They have seen a transcript from the books of the Treasury, published to the world, exhibiting the names of a certain class of claimants; and to suppose that a facility of this kind, thus offered to speculative artifice and management, would not be seized upon and used by the speculator to impose upon Government, is to suppose a thing contrary to all experience. The committee feel themselves by no means able to draw a line of distinction between a just claim liquidated and a just one unliquidated; and to attempt the invidious task of distinction in point of merit, where there can be no difference, and to open the statutes of limitation in order to relieve a part or a few favorite classes of claims, does not comport, in the view of your committee, with any principle of fairness, or with that equal system of distributive justice which ought to be dispensed toward all. When they take a retrospective view of the subject, and find that most of those statutes were first passed in the times and under the patriot counsels of the old Congress, and that the more general one which took effect in 1794 was passed under the Administration of General Washington, who was himself the chief of soldiers as he was the chief of their patrons and friends in every station; but he was equally the friend of his country, and gave that act the sanction of his name, as founded, at least, in a policy of general justice and right, which the Government had been at length obliged to resort to and maintain in self-defence; that every Congress since has invariably adhered to the general policy of those laws; and, after the lapse of so many years, when the difficulty of doing justice has increased with the increase of time, and when a partial repeal would but tend to increase the discontent and dissatisfaction of every class of claimants which should remain unprovided for, the committee cannot, from any view they have been able to take of the subject, recommend the repeal or suspension of any of those statutes. They would, therefore, beg leave to submit the following resolution:

Resolved, That it is not expedient to repeal or suspend any of the acts of limitation, whereby the aforesaid descriptions of claims are barred.

The report was ordered to lie on the table.

MONDAY, December 23.

Rules and Orders--Previous Question.

The House resumed the consideration of the unfinished business of Saturday. The amendment proposed by Mr. NELSON being again read, as follows:

"That when the previous question is ordered to be taken, upon the main question being put, every member, who has not already spoken, shall have liberty to speak once:"

Mr. GOLD said the amendment now offered to the rules of the House, secures to every member the right of speaking at least once on every question before the House. The liberty of speech, and freedom of debate, are sacred by the constitution; and to refuse all debate, to deny us the privilege of speaking at all, on the most important questions of peace and war, is a subversion of the first principles of the constitution. And what is to justify this measure of imposing silence? It is said, the right of debate has been abused. Let gentlemen beware how, for an occasional abuse of a right, they take away--destroy the right itself. What right, in the whole charter of our rights, has not at some time been abused? Man is frail, and why should not, at times of public agitation and concussion of parties, abuses arise? debate become angry and be prolonged? And for this, is the principle to be adopted, that the right shall be forever suppressed and destroyed?--the principle that absolute silence shall be imposed on a minority? Sir, Philip, the tyrant of Macedon, disliked the freedom of speech and debate in Athens: it annoyed him; for this cause, Demosthenes was pursued to the altar, where he expired. The principle contended for by the majority (supposed abuse) will be found to justify the most odious usurpations recorded in history; liberty is abused, and chains are forged to restrain it.

Gentlemen of the majority insist, that the rule will not be abused; that the majority will not execute the rule arbitrarily. The amendment, now offered to the rules, stipulates only for liberty to each member to speak once. Now, sir, if this be denied, and the rule is ever executed, the abuse is inevitable, it is necessarily involved in the very execution of the rule.