Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)

Another objection of no little importance, that has been urged against this bill, is its tendency to promote smuggling. Before the restrictive system, which, however well meant by many, has proved so inefficacious and ruinous, we had in this country a system of commercial morals, of which we had much reason to boast. Such was the purity and fairness of the mercantile character that in no other country in the world was the revenue arising from duties on imports so punctually paid, so easily and cheaply collected, and with the aid of so few officers. But the unfortunate policy adopted in 1806 has destroyed the purity and elevation of commercial morals. Evasions and violations of the laws are no longer disreputable. And what, sir, must be the situation of a country in which a constant evasion and open violation of the laws are not reprobated by public sentiment. The moral and patriotic observer will see with pain and mortification that we are about to add to the temptations to increase the stimulus to evasions and violations of the laws, still more to debase and degrade the commercial character of the country.

There is, sir, another important view of the subject before us at this moment. The increase of the duty, a reliance upon the impost as the means of supporting the war, in connection with the abandonment of the internal taxes, affords an instructive practical lesson on the nature of our Government. It teaches you that it is unfit for the purposes of foreign and offensive war. If gentlemen are now afraid to impose the taxes, they must believe that the people will not bear them. And, indeed, sir, few cases will occur in which the people will submit to support the burdens of an offensive war. Seldom will the Government be able to carry on such a war. But, sir, the conduct of those gentlemen of the majority who are for imposing additional duties and abandoning the taxes, proves another thing. If, when they have just entered upon the war, they hesitate, and are afraid to exact of the people the means necessary to carry it on, they must be conscious that the war is not so popular as they have imagined, for if the people are so hearty in the business as gentlemen have professed to believe, if they think the war a wise, politic, and necessary measure, they cannot be unwilling to be taxed a little for its support.

Mr. Brigham. – Mr. Speaker, the protection and the regulation of commerce has become a prime object of legislation. This bill provides for the doubling of the duties on all imported merchandise.

Sir, the restrictive system has operated very severely on the commercial part of the community – it has been the source of much complaint. The commercial class of our fellow-citizens have been oppressed; they have been impoverished by the policy of their own Government, and they have been soliciting their rulers for relief. They complained of the first embargo; what did they get? why, non-intercourse. They complained of the non-intercourse, and you soon gave them non-importation; when they complained of the non-importation, they had, in addition to the evil complained of, a second embargo. They then complained and prayed for the repeal of both these laws, and you have given them a declaration of war – an open war against the United Kingdom of Great Britain and Ireland, and the dependencies thereof. They complain of this war, and you give them double duties on all imported merchandise.

Sir, commerce, and the regulation of commerce, have become the Alpha and the Omega; it is the cause of war – it is the professed object and end of war; and by this bill, you are making provision for this very class of citizens, who have been thus complaining, oppressed and impoverished, to support the war by paying double duties.

Mr. Speaker, this increase of impost is a tax which, in my opinion, will operate unjustly and unequally. It is imposing a heavier burden on the Eastern and Northern, than on the Southern and Western States.

The former are under the necessity of importing and of consuming more of the foreign manufactures, than the Southern States; and though they are a hardy race, they are not able to encounter the severities and rigors of the Northern winters without a much greater quantity of clothing than is necessary for the people in the Southern climates.

Sir, the people in the Eastern States have been reduced in their supplies; they have not been able to carry on their ordinary domestic manufactures for want of the necessary means to prepare the crude article for manufacture; and during this long session they have been memorializing Congress, and praying that they might be allowed to import the article of wire, and of such size as is not manufactured within the limits of the United States, for the making of cards, necessary to prepare cotton and wool for the making of cloth; but they have not been permitted. Many have solicited Congress for leave to import such goods and merchandise as were ordered and paid for before the issuing of the President's proclamation in November, 1810; but without success.

Mr. Potter was in favor of a recommitment, but for other reasons than those assigned by the mover. He wished it referred, to give an opportunity to ascertain the sentiments of the House on the subject of the repeal, or the partial suspension, of the present non-importation act.

Mr. P. said he had found more pleasure in the pursuit of many of the things of this world, than in the possession of them; and he found it, in some measure, so with those who had been very zealous in the pursuit of war. They appeared to him to have taken more pleasure in the pursuit of their favorite object, than in the enjoyment of it; and he was not sorry to see that the war spirit had already began to evaporate, and the cold calculating spirit, so much reprobated at the commencement of this session, becoming more fashionable.

Mr. P. had been induced to believe from the zealous patriotism displayed this session, that this was to be a fighting, and not a trading war; that those who had so generously pledged their lives in support of the present war, would have had an opportunity of fighting, and that those who had in the same manner pledged their fortunes in support of any measure adopted by the Administration, would have an opportunity of paying.

Mr. P. thought we had commenced this war for the protection of our commerce and the encouragement of our manufactories, and not for the purpose of extending the commerce and encouraging the manufactories of Great Britain; as by this war, with the partial importation act, (contemplated for the purpose of revenue,) we at once destroy our own commerce, by placing in the hands of the English the greatest part we have at sea, leaving the remainder useless, to rot at our wharves. We destroy our manufactories of cotton by the strange selection, in our partial importation act. We give to Great Britain advantages in this war, that she has not enjoyed in time of peace. We surrender to her what many say she has been contending for – the commerce of the world – by giving her an opportunity of supplying us with her merchandise under the flag of her friends; and, in the first onset of this war, implicitly acknowledge our dependence upon them; that we cannot do without their manufactures to clothe the nation, nor without their commerce, to raise a revenue to carry on the war. Mr. P. said, if he had been in favor of this war, it would have been painful to him to be compelled to acknowledge that the people in this country, who pretended to sigh so much for war, would not bear the least privations, or consent in any event to pay taxes, but must depend upon their enemy to clothe them, and to furnish them with an indirect commerce to raise a revenue to fight them with. Mr. P. said a war thus carried on must be without an object – very ruinous to this country and of long duration; for, if Great Britain can send her manufactures into the United States at high prices, and purchase our produce almost at her own price, and be the exclusive carrier, both ways, in her own ships, under the flag of neutrals entirely under her control; she can have no object in making peace.

Mr. P. said if the non-importation act should be repealed or suspended in part, agreeable to the letter of the Secretary of the Treasury, and we are to have a trading war, we shall have a revenue sufficient to answer all our purposes, without increasing our duties at all, as we can disband our army and reduce our expenses, as the difference of expense between a trading and a fighting war will be so great that the present rate of duties will answer all our purposes; but, if the non-importation act should not be repealed or suspended, we shall have no importations of importance for the double duties to operate upon; for, if you double your duties under such circumstances, by which you raise one million of dollars, what is the operation upon the consumer? Allowing, which is certainly the fact, that the whole amount of goods in the country at this time is equal to one year's importation, which would have given the Government a revenue of at least fifteen millions of dollars, the present holder of the goods in this country will immediately add the double duties to his present price, which will be increased in consequence of the war; so that the consumers will have to pay the present holders of the goods now in this country at least fifteen millions of dollars, of which the Government's obtaining one million of dollars on future importations, you compel the consumer to pay at least sixteen.

Mr. P. said he would for a moment examine the letter from the Secretary of the Treasury on the subject of revenue, recommending a partial suspension of the present non-importation act. He calculates that, by doubling the duties on such partial importation, allowing that we should import only half as much from Great Britain in time of war as in peace, that the duties would amount to the same. Here again, you have no mercy on the consumers; as the operation in the first place will be to give Great Britain double her prices for her goods, on which the Government gets double duties, all which is to be paid by the consumer, when the price of his produce is to decrease in much the same proportion.

Mr. P. had heard much, on former occasions, about the encouragement of our manufactories, and, although he never was himself for encouraging them at the expense of the farmer, or the depression of our commerce, yet he could but lament that, after the commercial spirit of the country was almost broken down, and many of our commercial and seafaring citizens had been compelled to quit their former employment and resort to manufacturing for the support of their families, that the labor of that valuable class of citizens were next to be assailed; for, in examining the bill on our tables, in consequence of the letter of the Secretary of the Treasury, recommending the partial importation, what will be the effect upon the cotton factories? All cotton cloth under fifteen pence and over three shillings per square yard, prime cost, is to be prohibited, and all between these two prices are to be imported, so that the quality almost exclusively manufactured, and in general use in this country, is to be permitted.

Mr. P. thought this a very left-handed way of encouraging the manufactures of this country; but it seems as though every consideration in time of war as well as peace, is to be sacrificed for the purpose of collecting money from the people in a manner the most likely for them to remain in ignorance of the burdens that the Government imposes upon them.

A motion was then made by Mr. Randolph to amend the bill by striking out the words "one hundred" before the words "per centum" in the first section; and the question thereon being taken, it was determined in the negative – yeas 50, nays 75.

Saturday, June 27

Naturalization Law

Mr. Lacock said that he should not offer any subject for the consideration of the House at this late stage of the session, had he not been convinced the subject was such as required the immediate interposition of Congress. It would be found, by an examination of the naturalization laws, that, after the declaration of war with Great Britain, the courts were prohibited from naturalizing any foreigners, although they might have registered their names and resided in the country during the probationary period required by law. To these persons, it appeared, the Government was pledged, and the change of the relation between the two countries, did not lessen the obligation the Government was under to redeem that pledge, and admit those persons to the rights of citizens. It would, moreover, be recollected that, by the State laws, those persons were made subject to perform militia duty, and that, as volunteers, or otherwise, they would compose a part of our Army; and, perhaps, while in this situation, might be taken and punished as traitors by their Government. No apprehension of danger could be entertained by their admission to the rights of citizens. They were, most of them, attached strongly to our Government, and sought this country as an asylum from oppression, &c. He was, by these considerations, induced to offer the following resolution:

"Resolved, That a committee be appointed to inquire into the expediency of so amending the naturalization laws of the United States as to admit to the rights of citizenship such aliens as have emigrated from the United Kingdom of Great Britain and Ireland and her dependencies to the United States or her Territories previous to the eighteenth day of June, 1812, and that the committee have leave to report by bill or otherwise."

The resolution was agreed to, and Messrs. Lacock, Emott, and Troup, were appointed a committee accordingly.

Monday, July 6

Adjournment

A message from the Senate informed the House that the Senate have concurred in the resolution for the appointment of a joint committee to wait on the President of the United States, and inform him of the proposed recess of Congress; that the President of the United States did, this day, approve and sign "An act respecting the pay of the Army of the United States;" and that the Senate, having completed the legislative business before them, are ready to adjourn.

Mr. Newton, from the committee appointed to wait on the President of the United States and inform him of the proposed recess of Congress, reported that the committee had performed that service, and that the President answered, that he had no further communication to make.

Ordered, That a message be sent to the Senate to inform them that this House, having completed the business before them, are now ready to adjourn; and that the clerk do go with the said message.

The clerk accordingly went with the said message; and, having returned, the Speaker adjourned the House until the first Monday in November next.

CONFIDENTIAL SUPPLEMENTAL JOURNAL

OF SUCH PROCEEDINGS OF THE FIRST SESSION OF THE TWELFTH CONGRESS, AS DURING THE TIME THEY WERE DEPENDING, WERE ORDERED TO BE KEPT SECRET, AND RESPECTING WHICH THE INJUNCTION OF SECRECY WAS AFTERWARDS REMOVED BY ORDER OF THE HOUSE

Wednesday, April 1, 1812

A confidential Message was received from the President of the United States, by Mr. Coles, his Secretary; which he delivered in at the Speaker's table: Whereupon, the House was cleared of all persons except the Members, Clerk, Sergeant-at-Arms, and Doorkeeper, and the doors were closed.

The Message was then read at the Clerk's table, and is as follows:

To the Senate and House of

Representatives of the United States:

Considering it as expedient, under existing circumstances and prospects, that a general embargo be laid on all vessels now in port, or hereafter arriving, for the period of sixty days, I recommend the immediate passage of a law to that effect.

JAMES MADISON.

April 1, 1812.

On motion of Mr. Porter, the Message was referred to the committee appointed on that part of the President's Message at the commencement of the session, which relates to Foreign Relations.

And, after a short lapse of time, Mr. Porter, from the Committee on Foreign Relations, to whom was referred the above-cited Message of the President of the United States, presented a bill laying an embargo on all ships and vessels in the ports and harbors of the United States; which was read twice, and committed to a Committee of the whole House to-day.

The House accordingly resolved itself into a Committee of the Whole on the said bill; and,

Mr. Boyd then moved to amend it by striking out of the first section sixty days, and insert one hundred and twenty days. He said a gentleman declared the measure to be a precursor to war – the time will be much too short for the great amount of American property now abroad to return; the motion was negatived.

Mr. Seybert viewed the subject as of vast importance; he considered that the proposition came to the House in a very questionable shape; he wanted information, and he called upon the Committee of Foreign Relations to say whether it is to be considered as a peace measure or a precursor to war.

Mr. Grundy (one of the committee) said he was willing to answer the very proper inquiry of the gentleman from Pennsylvania, (Mr. Seybert,) that he understands it as a war measure, and it is meant that it shall lead directly to it; that with any other view there can be no propriety in it; as a peace measure, he had no idea that the President would have recommended it, nor would the committee have agreed to it. He hoped the gentleman from Pennsylvania would now be satisfied, and prepare his mind to vote for it.

Mr. McKee objected to the last section, on account of the penalties which it proposed, which he considered altogether unimportant, as it is to be a precursor to war, it being merely precautionary and for a short time. He made some other inquiries respecting the section, and why such provisions were in it.

Mr. Porter said the bill was draughted according to the wishes and directions of the Secretary of the Treasury.

Mr. Stow said the subject before the committee ought to be considered of very great importance. If, as some gentlemen say, it is a precursor to war, there were some very serious questions to be asked – What is the situation of our fortresses? What is the situation of our country generally? He would answer, they are defenceless, particularly the fortifications in New York, which are unmanned and unarmed. He said this fact appeared by a letter now in possession of a member of the House, which has very lately been received from Judge Livingston, of New York. Mr. S. said, that to try the question whether we will now lay an embargo, he moved that the first section of the bill be stricken out.

Mr. Clay (the Speaker) then warmly expressed his satisfaction and full approbation of the Message, and the proposition now before the Committee. He approved of it because it is to be viewed as a direct precursor to war. He did not wish upon this occasion to hear of the opinion of Brockholst Livingston or any other man. No gentleman can question the propriety of the proposition. Gentlemen who said so much about the want of preparation are not for war. He considered this a war measure, and as such he should discuss it. Sir, said Mr. C., after the pledges we have made, and the stand we have taken, are we now to cover ourselves with shame and indelible disgrace by retreating from the measures and grounds we have taken? He then stated our measures, our pledges, and the great injuries and abuses we have received. He said, what would disgrace an individual under certain circumstances would disgrace a nation. And what would you think of one individual who had thus conducted to another, and should then retreat? He did not think we were upon this occasion in the least embarrassed by the conduct of France in burning our vessels; that may be a subject of future consideration. We have complete evidence as to the enemy whom we have selected. As weak and imbecile as we are, we would combine France if necessary. He said there was no intrinsic difficulty or terror in the war: there was no terror except what arises from the novelty. Where are we to come in contact with our enemy? On our own continent. If gentlemen please to call these sentiments Quixotic, he would say he pitied them for their sense of honor. We know no pains have been spared to vilify the Government. If we now proceed we shall be supported by the people. Many of our people have not believed that war is to take place. They have been wilfully blinded. He was willing to give them further notice. It remains for us to say whether we will shrink or follow up the patriotic conduct of the President. As an American and a member of this House, he felt a pride that the Executive had recommended this measure.

Mr. Randolph said he was so impressed with the importance of the subject and the solemnity of the occasion, that he could not be silent. Sir, said Mr. R., we are now in conclave; the eyes of the surrounding world are not upon us. We are shut up here from the light of Heaven; but the eyes of God are upon us. He knows the spirit of our minds. Shall we deliberate upon this subject with the spirit of sobriety and candor, or with that spirit which has too often characterized our discussions upon occasions like the present? We ought to realize that we are in the presence of that God who knows our thoughts and motives, and to whom we must hereafter render an account for the deeds done in the body. He hoped the spirit of party and every improper passion would be exorcised, that our hearts might be as pure and clean as fall to the lot of human nature.

He was confident in declaring that this was not a measure of the Executive – that it was engendered by an extensive excitement upon the Executive. He agreed with the gentleman from Pennsylvania (Mr. Seybert) that it comes to us in a very questionable shape, or rather in an unquestionable shape– whose ever measure it is, the people of the United States will consider it as a subterfuge for war; as a retreat from the battle. We some years ago resolved that we must have war, embargo, or submission– we have not had war or submitted – we must therefore have embargo. It appears to be limited to sixty days; at the expiration of that time will any one say we shall be prepared for war? Sir, we are in the situation of a debtor who promises to pay his note at the bank in sixty days – we shall prolong the time sixty days, and sixty days after that, until deferred hope makes the heart sick. He would tell the honorable Speaker that, at the end of sixty days, we shall not have war, and the reason is, the Executive dare not plunge the nation into a war in our unprepared state.

Mr. Boyd, of New Jersey, said, while he admitted the fire and spirit of the honorable Speaker, he thought he would do well to be considerate. He asked whether we were prepared to assail our enemy, or repel her attacks? He asked, whether it is wise in an unarmed nation, as we are, to commence hostilities against one so completely prepared?

The motion to strike out the first section was lost – ayes 35, noes 70.

Mr. Seybert said, that in voting for the several important measures which Congress have agreed to this session, he felt himself pledged to go to war; that he was in favor of an embargo as a precautionary measure and precursor to war. When we voted for the twenty-five thousand men he supposed the Executive intended war – but he has now such information from a friend in whom he confides, as leads him to believe that offensive operations are not meant. We ought to be better prepared before we engage in war. He had observed in the Baltimore papers that the British have ordered a squadron and twenty thousand men for our coast.

Mr. Smilie expressed his surprise at the observations of his friend and colleague: he did not know from what quarter he had obtained his information, that the President does not mean war. Does he believe he has all this time been deceiving the Legislature? He had heard but one sentiment from the President, which is, that we must make war unless Great Britain relents. The President had always supposed that the embargo must precede war – the only difference has been as to the time, which has been finally compromised. The embargo is intended as a war measure. He would assure his colleague it was intended by both the Executive and the Committee of Foreign Relations. That being now up, he would observe that, at the beginning of the session, he was not so warm for war as many were, but he was for commercial restrictions. He was not for the twenty-five thousand men; but as the House have determined otherwise he would now go to war – if we now recede we shall be a reproach among all nations.