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

I have said, on a former occasion, and if I were Philip, I would employ a man to say it every day, that the people of this country, if ever they lose their liberties, will do it by sacrificing some great principle of free government to temporary passion. There are certain great principles, which if they be not held inviolate at all seasons, our liberty is gone. If we give them up, it is perfectly immaterial what is the character of our Sovereign; whether he be King or President, elective or hereditary – it is perfectly immaterial what is his character – we shall be slaves – it is not an elective government which will preserve us.

But I am afraid I have fallen somewhat into error, by wandering from the course I proposed. On the occasion to which I have alluded, I maintained that the provision of a bill then pending, similar to that I now object to, was arbitrary, unconstitutional and unjust, because it was in the nature of an ex post facto law. It is of the nature of an ex post facto law – it is more – it tends to exalt the military authority over the civil – it is this or it is nothing. If the section pronounce an ambiguous voice, to be construed according to expediency, then is there so much greater reason to recommit the bill, to reduce it to some shape which shall render it intelligible to the meanest capacity. It goes to alter the nature of a remedy – to impair the obligation of a contract. A man has contracted a debt, and his creditors arrest him. He enlists. He enlists through the grates of a prison, or within the limits of prison bounds. The contract between this man and the creditor is varied by the law, because the remedy of the creditor is changed. Let us not have a descant on the cruelty of imprisonment for debt, and the expediency of introducing other provisions on that subject. That is not the question. It is on a law for exempting a particular class of men from those penalties and provisions which attach to all other classes of society. The military of all classes in society, that class which we are about to exempt from the general provisions attaching to other classes, is that of which the people of this country have been led by all our writers, by all our authorities, to entertain the most watchful and justly founded jealousy. It is on principles somewhat analogous to these, or rather the same, much better enforced, that an opposition was maintained to a law, not dissimilar in its provisions from this, in the winter of 1799-1800.

In the fury and tempest of his passion, my friend from South Carolina seemed to overlook, what I thought he would be one of the last to forget, that we live in a limited Government, possessing restricted powers, which we cannot exceed. Has the constitution, with the most jealous scrutiny, defined the privileges of a member of this House, not permitting us to define our own, and made our principal privilege an exemption from arrest; and do we clothe ourselves with a power of exempting from arrest, ad libitum, a whole class of society – of creating a privileged order? We are, indeed, a privileged order, but we are privileged by the constitution. I ask the gentleman from South Carolina whence he derives the power of creating a privileged order, and, shall this assumption of power be attempted in favor of the military, of all other classes? In my opinion, sir, the section to which I have had reference is freighted with most fatal consequences. I will suppose a case. Suppose a man had a writ served upon him, and he afterwards enlists; that an escape warrant is taken out against him, and a contest ensues between the recruiting sergeant and the civil officer for this man, and that the civil authority supports its officer by calling out the force at its disposal. What would be the upshot? What is it to lead to? I need not state the consequences. These principles, sir, were urged thirteen years ago; they are urged now, in the same place, and on the same occasion. I cannot consent, in deference to any gentlemen, however great their zeal, to admit that I merely urged them at that time, from party views, to put down one description of persons in order to get into their warm berths. I cannot consent to such an admission, and, therefore, cannot give my support to any bill which contains such provisions. I have said this will be an ex post facto law. It is so; it operates not only after the right has accrued to the creditor to sue out his writ, but after it is in a course of execution. Let me put another case. Suppose that Congress were to pass a law that every malefactor under the sentence of death, who enlisted in the Army, should not have the sentence of the law executed on his body. Have you not as good a right to do that as to pass this law? Would you consent to see a scuffle at the gallows between the civil authority and the military for the body of that wretch?

I will put another case, sir. A son, who is the only support of a widowed and aged mother, in some moment of hilarity, perhaps of intoxication, led astray by the phantom Glory, enlists in the army of the United States. I speak of one who is a minor. Although I know that freemen of this country cannot be property in the sense in which a slave is property, yet, I do allow that the mother has a property in the time of that child; that he is under an obligation from which no human law can absolve him – an obligation imposed upon him by the maternal throes that issued him into life – by the nourishment drawn from the parent's breast – by the cherishing hand which fostered him through imbecility and infancy. You have not a right to take him – I hope, then, sir, that no question will be made of your power.

I put another case, said Mr. R. Although an apprentice and a minor are not property in the sense in which a slave is property, there is a class of men, unluckily, in certain parts of our country (in Philadelphia, for instance – I mean that class called "redemptioners,") who were sold but yesterday in the markets of that city. Is the gentleman who represents that district (Mr. Seybert) willing that they shall absolve themselves from their contract by enlisting in the Army? If he is, I am. A redemptioner sold in Philadelphia for a term of years, bought in the market as fairly as any other commodity – (I say fairly, because bought with his own consent, and as he believes, for his own advantage) – such a person, if tempted to enlist, will, unquestionably, prefer the pay and emolument of the soldier in your Army to his present situation. With regard to apprentices, I very much fear, sir, that those who enlist will, for the greater part, be of that description for whom their masters have advertised six cents reward, and forewarned all persons from harboring them. I remember, when a small boy, to have seen a series of prints by Hogarth, called "The Progress of Industry and Idleness." The gradations were not more regular than natural. The one ends with wealth, honor, and an eligible matrimonial connection with the daughter of his master, with whom he had been admitted into partnership; the other is brought up by the gibbet. Their names were Thomas Idle and William Goodchild. I believe, sir, that more of the Thomas Idles than of any other will enlist under this law, and I sincerely hope they will; for I very much fear that even William Goodchild, after he has gone through the discipline of a camp for five years, will be utterly unfit for any other species of employment. This is not all. There are other considerations, which I forbear to touch – which, I should have supposed, would have brought themselves home to the bosom of every gentleman in this House. Personal indisposition has prevented my attendance in this House, and I did not hear of this bill until last night. It was then mentioned to me by one who is fast in the old faith, and has often brought the House to a recollection of good old principles; and I did hope that they would this day have received more strenuous aid from that quarter than they have. I hope the House will refuse to pass the bill, if it were only to show that there is some one act of the Administration of 1799-1800, which the present possessors of power have not copied from their statute book. There remains only this, and the eight per cent. stock loan – and we are saved from the latter only by the infractions of that law, which we imperiously refused at the last session to repeal. It is the infractions of this law which has poured money into our coffers, and saved us from the disgrace of an eight per cent. loan. There is another part of this bill which strikes me as being inexpedient; but, as I do not wish to blend considerations of expediency with those of great and vital principles, I shall waive any thing on that head.

The question was then taken on the motion to recommit the bill, and lost. For recommitment 42, against it 62.

The question was then taken that the said bill do pass; and resolved in the affirmative – yeas 64, nays 37.

Monday, November 23

Proposed new State

On motion of Mr. Poindexter, the House resolved itself into a Committee of the Whole, on the bill to authorize the people of Mississippi Territory to form a constitution and State Government, and for the admission of the same into the Union.

Mr. Richardson moved to strike out the first section of the bill.

This motion was supported by Mr. Pitkin, principally on the ground of the inexpediency on general principle, of giving to a Territory embracing a population of only twenty or thirty thousand souls, a representation in the Senate equal to that possessed by other States, some of which contained a million of inhabitants. Another objection was, that the bill proposed to incorporate within a State the town and citadel of Mobile, now in possession of a foreign power; and thus make it the duty of a State to expel from its territory a force which the President had not thought fit to remove.

The motion was opposed by Mr. Poindexter, who contended that the population of the Territory was much greater than was represented; and even if it were not what it is, that a precedent was to be found in the incorporation of Ohio and of Louisiana. He represented in glowing terms, the anxiety of the people of the Territory to be enabled to bear their share of the expense as well as the dangers of the present war in support of our just rights; in which cause they had already employed twelve hundred militia, which the gentleman could not say of the populous State he represented; and if that were not enough, they were ready to put a bayonet into the hands of every man in the Territory capable of bearing arms. As to the occupancy of Mobile by the Spaniards, it was not a valid objection; but if it were, he said he hoped it would soon be invalidated; he trusted that the spirit of the country would aid the disposition of the Executive to repel every foreign enemy from our territories.

The motion to strike out the first section was negatived, yeas 24.

After some amendment to the bill, the committee rose and reported it to the House.

Mr. Pitkin renewed the motion to strike out the first section of the bill; which was negatived by a large majority.

The bill was then ordered to be engrossed for a third reading.

Tuesday, November, 24

Mississippi Territory

An engrossed bill to enable the people of the Mississippi Territory to form a constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, was read the third time; and, on the question that the same do pass, it passed in the affirmative – yeas 63, nays 39.

Wednesday, November 25

Constitution and Guerriere

Mr. Bassett communicated to the House the following documents:

Navy Department, Nov. 21, 1812.

Sir: In order to enable the committee to form a satisfactory opinion as to the compensation to be provided for the officers and crew of the frigate Constitution, for the capture and subsequent destruction of the British frigate the Guerriere, I have the honor to state to you that the Constitution rated 44, and mounted 55 guns; that the Guerriere rated 38 and mounted 54 guns. The Guerriere, although entirely dismasted, and in other respects much crippled, could have been brought into port without incurring any other risk than that of recapture; but Captain Hull conceived that if he had manned the Guerriere for the purpose of sending her into port, he would have so far reduced the crew of the Constitution that he might have subjected both vessels to capture. He presumed that, under all circumstances, it would be better for him to destroy the Guerriere, and preserve the force of the Constitution unimpaired, and his having done so unquestionably proceeded from the most patriotic considerations.

The Guerriere was a frigate of the first class in the British navy; and, no doubt, when the engagement between the Constitution and her commenced, she was completely fitted in all respects for the most serious service. The cost of such a ship, independently of her stores, could not have been less than two hundred thousand dollars, and her stores were worth, in all probability, fifty thousand dollars at least; besides, she had on board a number of prize goods, the value of which cannot be ascertained; but was probably equal to fifty thousand dollars more. So that the whole value of the Guerriere, her stores and prize goods, at the time the action commenced, may fairly be estimated at three hundred thousand dollars.

Had Captain Hull have incurred the risk before mentioned, and succeeded in getting the Guerriere into port, the officers and crew of the Constitution, considering the Guerriere as her equal, would have been entitled to the whole of the Guerriere, her stores and prize goods. Sooner, however, than run the risk of losing the Constitution, he determined to destroy the whole. The question then arises, what, under these circumstances, ought the officers and crew to be allowed? For my own part, I have no hesitation in giving it as my opinion that the sum of one hundred thousand dollars would not be too liberal a provision, or too great an encouragement for the great gallantry, skill, and sacrifice of interest displayed on this occasion; and I am persuaded that, if such a provision were made, the difficulties of manning our frigates, at present experienced, would vanish.

It may further be remarked, that Captain Hull, while on the cruise, on which he captured and destroyed the Guerriere, burnt two enemy's vessels, viz: the brig Lady Warren and the brig Adeora, and obliged the enemy to burn the brig Dolphin, with a cargo of hemp and Russia goods, and to abandon an English barque laden with timber: for no part of which have the officers or crew of the Constitution received any compensation.

I have the honor to be, with great respect, sir, your obedient servant,

PAUL HAMILTON.

Hon. B. Bassett.

Washington, Nov. 23, 1812

Sir: In compliance with your request, I have the honor to state to you that my opinion, as to the value of the Guerriere, at the time the action between her and the Constitution commenced, is, that, exclusively of her stores and prize goods, she was probably worth two hundred thousand dollars; and my impression is, that her stores and prize goods must have been worth one hundred thousand dollars.

I am informed that, independently of their stores, the frigate President cost two hundred and twenty thousand dollars; that the Chesapeake cost two hundred and twenty thousand dollars; and that the Congress cost one hundred and ninety-seven thousand dollars. These vessels were certainly built on good terms; and it is from their cost that I form my idea as to the probable value of the Guerriere; and my impression as to the value of her stores and prize goods is derived from personal observation and information obtained on the occasion from different persons.

I have the honor to be, very respectfully, sir, your obedient servant,

ISAAC HULL.

Hon. Burwell Bassett, Chairman, &c.

Medals and Prize Money

On motion of Mr. Bassett, the House resolved itself into a Committee of the Whole, on the report of the Naval Committee on the proposed vote of a gold medal to Captain Isaac Hull, late commander of the frigate Constitution, and silver medals to the other officers, and a sum of – thousand dollars, to be distributed as prize-money among the officers and crew, as an expression of the sense entertained by this House of their bravery and conduct in attacking and vanquishing the British frigate Guerriere.

Mr. Bassett spoke in support of the resolution. He stated the magnitude of the achievement; the amount of value of the capture; and assigned many reasons particularly in favor of the donation to the officers and crew, on whom collectively he proposed to bestow the sum of $100,000, and made a motion to that effect. He said the prize money arising from the capture, had not the public service required the destruction of the Guerriere, would have amounted to much more; and the merits of those concerned in the capture entitled them to this remuneration. He dilated on the present low price of wages on board our public ships, and adverted to the seaman's hardships and the seaman's risk, &c.

The question on filling up the blank with "one hundred thousand dollars," was then taken, and decided in the affirmative – 50 to 37.

The committee rose and reported their agreement to the resolution.

Friday, November 27

A new member to wit, from Georgia, William Barnett, returned to serve as a member of this House, in the place of Howell Cobb, resigned, appeared, was qualified, and took his seat.

Tuesday, December 1

Naturalization Laws

On motion of Mr. Lacock, the House resumed the consideration of the bill supplementary to the naturalization laws.

On motion of Mr. Lacock, the bill was amended by adding thereto the following additional section:

"And be it further enacted, That every naturalized citizen of the United States, or the Territories thereof, shall forfeit such citizenship on his voluntarily departing from and remaining out of the United States for and during the term of two years."

On motion of Mr. Fitch, the following other section was also incorporated in the bill:

"And be it further enacted, That all persons who shall have been naturalized subsequent to the 18th day of June last, shall be entitled to all the rights and privileges of citizens of the United States, from the date of such naturalization, any thing in the declaration of war against Great Britain, or any other act, to the contrary notwithstanding."

Mr. Fisk moved to strike out nine months, the time allowed to citizens to take the benefit of our naturalization laws, and insert three. He said he could not see why so long a time should be allowed. The longest time extended to our citizens in Canada is thirty days; and he did not see why so much more liberality should be extended to their citizens here. He was opposed to their remaining here longer than necessary, the more especially as they employed themselves in exciting divisions, and fomenting the party feuds which now agitate the country.

Mr. Lacock thought the time proposed was too short; that in some districts they could scarcely hear of the law within that time, and at any rate might not be able to meet with a tribunal, at which to comply with the requisites of the naturalization law, before the expiration of that period.

Mr. Fisk withdrew his motion for the present.

Thursday, December 3

Shadrack Bond, returned to serve as a delegate, in this House, for the Illinois Territory, appeared, was qualified, and took his seat.

Saturday, December 5

Privateer Captures

Mr. McKim presented a petition of Commodore Joshua Barney, on behalf of himself and the owners, officers, and crews, of sundry private armed vessels of war, "praying to be considered as claimants to all property proven to be enemy's property, found on board of vessels sailing under the American flag, having on board British manufactured goods, coming from Great Britain to the United States, and under the protection of British licenses, which have been captured by them, or that they may participate as 'informers' in the seizure and condemnation of the said property under the non-importation." – Referred to the Committee of Ways and Means.

Monday, December 7

Another member, to wit, from Virginia, Edwin Gray, appeared, and took his seat.

Tuesday, December 8

Another member, viz: from Virginia, William A. Burwell, appeared, and took his seat.

Wednesday, December 9

Imprisonment of American Seamen

Mr. Bassett offered to the House the following resolution:

Whereas, It is represented, that Great Britain has seized sundry persons fighting under the American flag, laying claims to them alike incompatible with justice and the rights of the United States as an independent nation:

Resolved, That the President be requested to lay before this House the information he has received on that subject, and the measures taken to redress an evil which violates the rights and interests, and outrages the feelings of a free and independent people.

Mr. Bassett stated that several cases had come to his knowledge in which the British naval commanders had seized persons taken on board of American armed vessels, and confined them, in one instance, in irons, and in another had transported them to England for trial. It was not his intention now to go into an examination of these cases. Such an examination was not necessary to authorize the House to call for the information required. He had given its present form to the motion he had offered, because its adoption would go to show that the councils of the nation were not indifferent to this subject. It would, he trusted, further enable the Executive to show that it never slumbered on any occasion in which the rights of the people were concerned; and he had no doubt the information to be received would show it. When it was received, the House might take what course it pleased; perhaps no legislative act would grow out of it. But it was proper, in any event, that the House should be in possession of information required.

Mr. Milnor said he had no objection to the call for information, but he excepted to the form of the resolution, for two reasons. It was prefaced by a preamble, which was not usual in such cases, which preamble, moreover, assumed as fact circumstances of which the House had no official or authentic information. His other objection was, that it expressed an opinion on a point on which he was not ready to express one. Mr. M. said he knew not the extent of the evil of which the gentleman complained. If it was merely that Great Britain laid claim to her own subjects fighting our battles against her, he would at least not say that this was an act on the part of Great Britain deserving all those severe epithets which the gentleman had thought proper to attach to it. The resolution stated facts not before the House, and expressed an opinion on an act the degree of enormity of which depended on the circumstances respecting which it was proposed to ask for information. Mr. M. wished that the House should not lightly be compelled into a discussion of this subject, and especially as the gentleman had intimated the probability that no legislative act was to grow out of the information called for.

Mr. Seybert said, as his colleague's principal objection to the motion appeared to be a difficulty as to facts, he hoped to procure his vote for its adoption by stating at least one which had come to his knowledge. I, said Mr. S., had the honor to have a nephew on board the ship Wasp. He informed me this morning that after they had been carried into Bermuda, several of their crew were taken and confined in irons; that he saw them in that situation; and that their crime was, having fought the battles of our country. What may be my colleague's feelings on this occasion, I know not – I hope they are honorable to himself and the House – for myself I wish the subject investigated. Mr. S. concluded by expressing his hope that the resolution would pass.

Mr. Macon said he was anxious to obtain information on this subject, but doubted the propriety of the preamble. After the information was received, it would be time enough to express an opinion on the subject. He had no doubt that we must at last come to the determination to protect every man that is on board of a ship of the United States. It is what Great Britain herself does; and in this respect we ought to follow her example. If these people undertake to fight our battles, we ought to protect them. Mr. M. said he was opposed to the preamble, because he did not wish to give reasons to the departments of the Government for any call for information the House thought proper to make; it was enough that the House should ask for it, and the President should give or withhold it. The practice heretofore was against the course now pursued.