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

Mr. Seybert then said, that his intention was to resist seriously Great Britain; he would be plain; but he was not for going to war unprepared. When the bill for raising the twenty-five thousand men was before the House, it was then declared to be according to the wishes of the Secretary at War – since that time the Secretary has said it was not his wish, from which he concluded it was not the wish of the President.

Mr. Randolph proposed to read, from memoranda in his possession, of what occurred in the Committee of Foreign Relations, and a conference between them and the Secretary of State; which was objected to.

Mr. Bassett (Chairman) considered it in order.

Mr. Calhoun appealed.

The Chairman's decision was confirmed – yeas 60.

Mr. Randolph said, it will appear that the embargo is not preparatory to war, that is to say, it was not necessarily so, and of course not of the character which the Speaker has considered it. From his minutes (among other facts) it appeared that Mr. Monroe said to the committee that the President thought we ought to declare war before we adjourn, unless Great Britain recedes, of which there was no prospect. That there was conversation about an embargo. Mr. Monroe was asked by some of the committee whether the President would recommend it by message; he answered that he would, if he could be assured it would be acceptable to the House. He also said Mr. Barlow had been instructed to represent to the French Government our sense of the injuries received, and to press upon them our demands for reparation – that if she refused us justice, the embargo would leave the policy as respects France, and indeed of both countries, in our hands. He was asked if any essential alterations would be made within sixty days, in the defence of our maritime frontier or seaports? Mr. M. answered that pretty considerable preparations would be made. He said New York was in a respectable state of defence, but not such as to resist a formidable fleet; but that it was not to be expected that such a kind of war would be carried on. It was replied that we must expect what commonly happens in wars. Mr. M. said that, although a great distress and injury might take place in one part of the Union, it would not essentially affect the population or resources of the Union at large. As to the prepared state of the country, he said, in case of a declaration of war, the President would not feel himself bound to take upon himself more than his share of the responsibility. Mr. M. said that the unprepared state of the country was the only reason why ulterior measures should be deferred.

Mr. R. then said that the step we are about taking is too high a price to pay for the consistency of gentlemen who think they have gone too far to recede; it is too expensive to bolster them up in this way. He asked what will be the situation of this people in sixty days? Put your note into the bank, and see how soon it will be out. What will be the situation of this unhappy, misguided country? What would it have been for sixty, one hundred, or three hundred and sixty-five days past? He had hoped not to have seen the old story of the dog worrying the cat, &c., realized. Are the majority, in consequence of having been goaded by the presses, to plunge the people into a war by bringing them first to the whipping-post and then by exciting their spirit? He would assure the House the spirit of the people is not up to it at this time; if so, there would be no necessity of those provocations to excite this false spirit – this kind of Dutch courage. If you mean war, if the spirit of the country is up to it, why have you been spending five months in idle debate?

Messrs. Grundy and Calhoun said they were not impressed with a recollection of the facts which occurred before the Committee of Foreign Relations in the same manner as had been stated by Mr. Randolph. They did not recollect that Mr. Monroe said the embargo would leave the policy, as respects both belligerents, in our hands.

Mr. Porter said he was in favor of an embargo, as a measure which ought to precede war; but it was very important that we should be prepared before we commence war. He did not believe it was possible to commence it with safety within four months from this time. Such a measure as an embargo would be of immense injury to the State of New York, on account of their flour which has gone to market.

The committee rose and reported the bill without amendment, and the question was, Shall it be engrossed for a third reading?

Mr. Quincy then moved that the injunction of secrecy be taken off from the proceedings.

Mr. Pitkin said there was but one precedent of an embargo being passed with closed doors.

The ayes and noes were agreed to be taken on Mr. Quincy's motion.

Mr. Wright then made a question of order on Mr. Quincy's motion.

The Speaker decided it was not in order, another question being before the House.

Mr. Little then moved the previous question, which he soon withdrew.

Mr. Stow then expressed his alarm and astonishment at the course we are taking. He said the country was wholly unprepared to enter into a war within the time which had been mentioned. He warned gentlemen of their danger, and the ruin which threatened our defenceless towns. The authority which he had cited ought to have more weight than the hear-says of some young members in this House. The elections of the maritime parts of the country will put your places into the possession of your political adversaries. You may be assured you tread on deceitful ground. The intelligent party of the community at the North are against the war. There is no calculating the injury it will be to the State of New York.

Mr. Bassett spoke in favor of the measure, and respecting the injuries we have received from Great Britain.

Mr. Roberts then moved for the previous question.

Mr. Sheffey called for the ayes and noes.

The motion for the previous question was carried – ayes 66, noes 40.

The question was, Shall the bill be engrossed for a third reading? – Carried – ayes 71, noes 30.

The question was then, on what day shall it be read?

Mr. Grundy moved it be read immediately.

Mr. Macon proposed to-morrow.

Mr. Quincy said (it then being half-past seven o'clock in the evening) he had not been able to take any part in the debate; that the measure which had been thus hurried, was extremely interesting to his immediate constituents, and he was very anxious to express his sentiments upon it – but he was so fatigued with the tedious sitting, that he was unable to do it this evening, and hoped the House would indulge him until to-morrow. He would not condescend to debate such a question in the present state of the House, and he asked for the ayes and noes on Mr. Macon's motion, which were agreed to be taken.

Mr. D. R. Williams said he was desirous to grant the request of the gentleman from Massachusetts. It was in his opinion a very reasonable one. The deportment of the other side of the House had, during the whole of the session, been very gentlemanly towards the majority; and, sir, said he, will you now refuse to give them an opportunity to express their sentiments upon a measure which, in their view, is important? He said that policy on the part of the majority ought to dictate the indulgence asked for. The majority now stand on high ground – what will be said, and what will be the consequence of a refusal? We shall lose the ground on which we now stand.

Mr. Macon was of the same opinion; he thought the minority had acted with more propriety than he ever knew in a minority.

Mr. Wright objected, although he was willing to acknowledge the minority had conducted with propriety.

Mr. Nelson said it appeared to him that according to the importance of subjects, so is our precipitancy. Is the minority thus to be dragooned into this measure? For one, he wished to reflect upon it. The first intimation he had of this measure, was the Message. If it is intended as a precautionary measure, as the precursor to war, as some gentlemen have treated it, it is a question of doubt in his mind. He thought it better to arm our merchantmen; to grant letters of marque and reprisal; and repeal our non-importation law. We have already suffered enough under our restrictive system. If we pass the bill to-night, it cannot be a law until the other branch act upon it. When we are going to war, it will be well known that we have the spontaneous support of more than one-half the community.

Mr. Alston said he would have voted on the motion, if the gentleman had not asked for the ayes and noes; but as he appears desirous to marshal one side of the House against the other, he was not disposed to gratify him in his request.

Mr. Widgery declared war to be inevitable, and it ought not to be delayed; on this account he was against postponing the bill until to-morrow. If we do it at all, it ought to be speedily. It is not to be believed that argument will change a single vote. The responsibility is on the majority.

The question on reading to-morrow was negatived – 57 to 54.

It was then read a third time; and on the question, Shall the bill pass? it was carried – ayes 70, noes 41.

Ordered, That the title be, "An act laying an embargo on all ships and vessels in the ports and harbors of the United States for a limited time."

Mr. Grundy and Mr. Wright were appointed a committee to carry the said bill to the Senate, and to inform them that the House of Representatives have passed the same, in confidence, and to desire their concurrence therein.

And the doors were then opened.

Thursday, April 2

On motion of Mr. Grundy, the House was cleared of all persons except the members, Clerk, Sergeant-at-Arms, and Doorkeeper, and the doors were closed.

Mr. Grundy, from the Committee on Foreign Relations, presented a bill "in addition to the act, entitled 'An act to raise an additional military force, passed the eleventh of January,'" 1812, which was read twice, and committed to a Committee of the Whole to-day.

A question was made and taken, whether the provisions contained in the bill were of such a nature as to require secrecy in the discussion, and passed in the affirmative – yeas 71, nays 34.

The House then resolved itself into a Committee of the Whole on the said bill; and, after some time spent therein, the bill was reported without amendment, and ordered to be engrossed, and read the third time to-day.

The said bill was accordingly engrossed, and read the third time; and, on the question that the same do pass, it was resolved in the affirmative – yeas 73, nays 20.

Ordered, That the title be, "An act in addition to the act, entitled 'An act to raise an additional military force, passed on the eleventh of January, 1812.'"

Messrs. Calhoun and Williams were appointed a committee to carry the said bill to the Senate, and to inform them that the House of Representatives have passed the same, in confidence, and to desire their concurrence therein.

The doors were then opened.

Friday, April 3

On motion of Mr. Grundy, the House was cleared, and the doors were closed.

A motion was then made by Mr. Grundy, that the House do come to the following resolution:

Resolved, That a committee be appointed to inquire whether there has been any, and if any, what violation of the secrecy imposed by this House during the present session, as to certain of its proceedings, and that the said committee have power to send for persons, papers, and records.

And the question thereon being taken, it passed in the affirmative – yeas 106, nays 3.

Messrs. Grundy, Troup, Roberts, Breckenridge, and Tallmadge, were appointed the committee.

Mr. Porter, from the Committee on Foreign Relations, presented a bill authorizing the President of the United States to appoint additional Brigadier Generals, in certain cases; which was read the first time: When a message was received from the Senate, by a committee of that body, appointed for the purpose, consisting of Messrs. Bibb and Campbell, of Tennessee, notifying the House that the Senate have passed the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States, for a limited time," with amendments; in which they desire the concurrence of the House.

On motion of Mr. Porter, the bill reported by the Committee on Foreign Relations, this day, was ordered to lie on the table.

The House proceeded to consider the amendments of the Senate to the bill, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States;" and the said amendments being read at the Clerk's table, a motion was made by Mr. Lewis, that the said bills and amendments be postponed indefinitely.

Mr. Quincy expressed in strong terms his abhorrence of the measure. He said that if he believed it to be a preparation for war, he should have a less indignant sense of the injury than he felt now, as he deemed it pure, unsophisticated, reinstated embargo. The limitation of sixty or ninety days gave little consolation or hope to him, because he knew how easily the same power which originated could continue this oppressive measure.

He said that his objection was, that it was not what it pretended to be; and was what it pretended not to be. That it was not embargo preparatory to war; but, that it was embargo as a substitute for the question of declaring war. It was true that it was advocated as a step incipient to a state of war, and by way of preparation for it, by gentlemen whose sincerity he was bound to respect. He could not, however, yield the conviction of his senses and reflections to their asseverations; nor declare, in complaisance to any, let them be as respectable as they might, that he saw in this measure more or less than its features indicated.

Is this embargo what it pretends to be – preparation for war? In the first place, no sudden attack is expected from Great Britain. It is not suggested that we have a tittle of evidence relative to any hostility of her temper which is not possessed by the whole community. The President has not communicated to us one document or reason for the measure. His Message merely notifies to us his will and pleasure.

An embargo, as preparatory to war, presupposes some new and hidden danger, not known to the mercantile community. In such case, when the Government sees a danger of which the merchant is unapprised, it may be wise to stay the departure of property until the nature and extent of it can be explained, but not a moment longer. For, let the state of things be that of war or peace, the principle is precisely the same. The interest which the community has in the property of individuals is best preserved by leaving its management to the interest of the immediate proprietor, after he is made acquainted with all the circumstances of the times which have a tendency to increase its exposure.

The reason of an embargo, considered as an incipient step to war, is either to save our property from depredation abroad, or keep property which we want at home. Now it happens that the nature of the great mass of our exports is such that there is little danger of depredation from the enemy we pretend to fear abroad, and little want of the articles most likely to be exposed at home. The total export of last year amounted, as appears by the report of the Secretary of the Treasury, to $45,000,000. It also appears by that report, our exports to Great Britain and her dependencies, and also to those of Spain and Portugal, were $38,500,000. Nearly seven-eighths in value of our whole exports have been, and continue to be, to the dominions of that very power from which so much is pretended to be apprehended. Now, it is well known that these articles are of very great necessity and importance to her, and whether, even in the case of actual war between our countries, Great Britain would capture them, might be questionable. But that she would capture them on the mere preparation, before one really hostile act was committed on our part, is not only unreasonable, but absolutely absurd to expect. This very commerce which, by the passing of this bill, you indicate it is her intention to prohibit or destroy, it is her obvious and undeniable policy to unite and cherish; besides, the articles are in a very great proportion perishable, which, by this embargo, are to be prohibited from going to market. Which is best – to keep them at home, to a certain loss and probable ruin, or adventure them abroad to a possible loss and highly probable gain? Ask your merchant. Ask common sense.

But it is said "we must protect our merchants." Heaven help our merchants from embargo-protection! It is also said that "the present condition of things has been brought upon the country by the merchants; that it was their clamor, in 1805 and 1806, which first put Congress upon this system of coercive restriction, of which they now so much complain." It is true that, in those years, the merchants did petition; not for embargo, not for commercial embarrassment and annihilation, but for protection. They, at that time, really thought that this national Government was formed for protection, and that it had at heart the prosperity of all the great interests of the country. If "it was a grievous fault, grievously have the merchants answered it." They asked you for relief, and you sent them embarrassment. They asked you for defence, and you imposed embargo. They "asked bread, and you gave them a stone." They "asked a fish, and you gave them a serpent." Grant that the fault was great, suppose that they did mistake the nature and character of the Government, is the penalty they incurred by this error never to be remitted? Permit them once to escape, and my word for it, they will never give you an apology for this destructive protection. If they do, they will richly deserve all the misery which, under the name of protection, you can find means to visit upon them. Your tender mercies are cruelties. The merchants hate and spurn this ruinous defence.

Mr. Q. then took notice of an intimation which had been thrown out in relation to an express, sent off on the day preceding the Message of the President, giving notice that the embargo would be proposed the ensuing day. He said that there was no necessity of speaking of that matter by distant allusions, as if there was any thing that sought concealment. That is not an affair, said Mr. Q., that shuns the light. I had the honor and the happiness, in conjunction with another member of this House, from the State of New York, (Mr. Emott,) and a Senator from Massachusetts, (Mr. Lloyd,) to transmit that intelligence to Philadelphia, New York, and Boston, by an express which started on Tuesday afternoon. In doing this, we violated no obligation, even of the most remote and delicate kind. The fact that the Committee of Foreign Relations had decided that an embargo should be proposed on Wednesday, was openly avowed here on Tuesday, by various members of that committee, to various members of this House. Among others, I was informed of it. I shall always be grateful to the gentleman who gave me that information. Indeed, the whole commercial community are under great obligations to the Committee of Foreign Relations for their feeling and patriotism in resolving on that disclosure. It enabled us, by anticipating the mail, to give an opportunity for great masses of property to escape from the ruin our Cabinet was meditating for them. Yes, sir; to escape into the jaws of the British lion, and of the French tiger, which are places of refuge, of joy and delight, when compared with the grasp and fangs of this hyena embargo. What was the effect of this information? When it reached Philadelphia, the whole mercantile class was in motion, and all that had it in their power were flying in all directions from the coming mischief, as if it were a plague and a pestilence. Look, at this moment, on the river below Alexandria, and the poor seamen, towing down their vessels against wind and tide, anxious only to escape from a country which destroys under the mask of preserving.

Mr. Gold. – The first object with a wise Legislature is, Is the law expedient? The second object, which should never for a moment escape attention, Can the law be executed? Under the first head, the advocates of embargo disclaim the measure as appertaining to the odious restriction system: they present it as the old-fashioned, legitimate precursor of war, as the provident measure of Government to protect your merchants against reprisals resulting from meditated hostilities.

In this view can you be prepared for war at the expiration of the embargo? Will you open your campaign at mid-summer? Whatever appearance this measure may now assume, the country have grounds to fear a relapse into the old system – you will go again back into Egypt.

But, on the second head, can your law be executed? Does the history of the past in our own, or any other country, warrant such an expectation? Can you watch the extended line, of forty-five degrees north, for hundreds of miles, so as to prevent a transit for commercial exchange, indispensable to the necessities of the country? No, sir, it is a vain expectation; your army of 25,000 could not prevent the intercourse: their sympathies would rather lead them to connive at what they could not fail to see. Great Britain, with a canvas that whitens every sea, her revenue boats always in motion, and tide waters at every inlet or avenue, has not been able to prevent the smuggling in of about one-half the tea consumed in that Kingdom. Such is the conviction of English writers! It may be found in the appendix to McCartney's Embassy, and in the Life of the second Pitt. Where men have expended their substance in purchasing and collecting an article for export, under the subsisting faith of your laws permitting such export, it is not mere injustice, but cruelty in the Government towards its citizens to arrest such a commerce by an ex post facto law, and consign those concerned to the prison walls, and their families to beggary. Nothing short of the most imperious necessity, the safety of the community, can justify so severe a proceeding. But, sir, with a single exception of timber, the commerce between the northern frontiers and Canada, will, for the ninety days of this embargo, be little else than the mere exchange of articles indispensably necessary to the poor frontier settlers. How are they to be supplied with the article of salt? Believe me, sir, the morality of no part of the United States, or of any nation on earth, will restrain persons under such circumstances from eluding the laws. Does any man believe that this frontier traffic is not as beneficial to us as to our enemies? Can your law fail of producing more injury and loss to the United States, than benefit? Have you not witnessed, sir, that while you was exercising paternal care in enacting an embargo by water, for the seaboard, that our merchants and navigators, roused as by a shock of thunder, escaped from your shores, with their vessels, as from a destroying angel – from pestilence and death?

Mr. Bleecker, in a speech of about twenty minutes, made an able, solemn, and impressive address to the House, urging them to ponder, and desist from the dangerous course they were pursuing, and forewarned them of the calamitous consequences that would inevitably result.

Mr. Mitchill said, in viewing political subjects and dangers, some are inclined to look through political microscopes, which diminish them; others, misled by their imaginations, look through political telescopes, and are apt to magnify and enhance them. He, for one, was for viewing our situation with his naked optics – for looking at it as it really is. He could not be considered as less alive to the interests and happiness of the inhabitants of that city, respecting whom so much sensibility has been expressed, than any other gentleman. There were his intimate friends, connections, and what little property he possessed. No one could feel more for their sufferings under commercial restrictions, or in case of an assault upon it by the enemy. And if he was to consult only his personal sensibilities, they were all in favor of the people of that country with whom we are to enter into a conflict. He has no prejudice against them. He there received his education. He has lived in North and South Britain. From actual residence, he knows them from the Grampian Hills to Dover. He knows them, however, to be a proud, overbearing nation. From former residence, and also from recent intelligence, (and that within a few days, by late arrivals,) he knows that they consider us a sort of a generation whom they have a right to despise. We are viewed in this unworthy, degraded situation, not on account of our want of resources, or population; but because they believe we cannot stand together – that we have no confidence in ourselves – that we cannot lead armies into their countries. Their object has been, since the year 1806, to divide and distract us, and to prevent our taking efficient measures. Sir, what has been the cause of our present condition? It is well known that, in 1806, he was made the organ of his constituents, as other gentlemen were for Salem and other commercial places, to present to Congress their plaints and wailings, on account of the grievances they suffered upon the subject of carrying colonial produce, and the continuity of voyage. The archives of this House will prove this. They declared they should be ruined if the British doctrine should be countenanced. The Government were goaded by these applications for relief. The Government began, and continued pacific measures, until we have got into our present situation.