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.

A great change has also taken place in the colonial system. France has lost Martinique, Guadaloupe, and the Isle of Bourbon. Neither the East nor the West Indies contain any provinces owing allegiance to the Corsican Emperor. All the rum, sugar, coffee, and molasses of those productive regions, were now English—and with the English nation we were now at war. In like manner, the Batavian colonies had been forced to submit to the Mistress of the Seas; and Guiana, the Cape of Good Hope, Batavia, the Spice Islands, and all the other foreign possessions of the Dutch, had yielded to her conquering power. All their productions were now Anglican; and we could only obtain them from or through an enemy.

Our own country had been transformed, during the last eight years, into a situation exceedingly different from what it had ever been before. It has taken many strides towards independence. The soil has been more profoundly explored, and found to contain innumerable and invaluable productions, which the mineralogist examines with pride, and the economist turns to profit. The forest and the fields have been proved to rear more indigenous plants, and to be capable of maturing more exotic ones, than any observer had supposed. And the arts, trades, and manufactures, which have arisen among us, have progressed with a thriftiness of which I can cite you no example.

Mr. M. then took a survey of the three great purposes intended to be furthered by the duties on imported merchandise. The first of these was the collection of money for the Treasury; the second, was the countervailing of other nations, by accommodating our duty to theirs; and the third was to protect our infant and growing manufactures. He contended that the mode proposed by the bill now before the House was very imperfect in all these relations. It was unskilfully devised. It did not contain those evidences of care and sagacity that ought to beam in every feature. He was not willing to legislate in this way—by a hop, step, and a jump. He wished the tariff to be varied in such a manner as to suit the actual state of things, and the existing condition of society and business. With such vast changes in the commercial and manufacturing departments, both at home and abroad, who could reconcile himself to a regulation, now antiquated, and differing almost toto cælo, from the real desideratum.

Double duties on articles where great value was united to small bulk, as in watches of gold and silver, and in precious stones, pearls and jewelry of all kinds, might be an inducement to smuggling. Already we know the temptation was too great to be resisted under the present duties, and if they were augmented to the amount proposed, what evasions might not be feared?

Mr. Bleecker.—Mr. Speaker: I was happy to observe on Saturday that the vote of the majority was not so uniform on this bill as usual. This circumstance very much fortifies the arguments urged against it on this side of the House, and proves that the opposition cannot be referred merely to the spirit of party. Indeed, sir, the objections to the increase of duty contemplated by this bill are so palpable and obvious to my mind, that I still hope it will not finally pass. It will be unequal and unfair in its operation in many respects. It will give a vast advantage to the merchants who now have goods on hand over those whose goods are not yet in the country, and which will be imported after the passage of this bill. The additional duty will by the former be added to the price of the goods, and thus an enormous profit will be given them. But this is comparatively a minor consideration. It is to be regretted, sir, that we have not a fair, just, and equal system of internal taxation, judiciously devised, with a wise reference to the feelings and temper of the people. But, in all our late plans and schemes, we appear to go on without any reference at all to the temper and feelings of the people. A revenue derived altogether from duties on imports must always be unequal in its operation on different parts of the country, and different classes of the community. There will be districts of the country—there will be whole States—in which manufactures will be carried on to a great extent; while other parts of the country, and other States, have few or no manufactures. In this respect there will be a serious inequality between manufacturing and nonmanufacturing States. Again, sir, it is said that the duty will be paid by the consumer. But it is not invariably true that the consumer pays the duty. The whole of it is sometimes paid by the consumer; it is sometimes divided between the importer and consumer, and not unfrequently falls altogether on the importer. This depends on a variety of circumstances—principally the state of the market. When the market is overstocked, a great portion of it must fall on the merchant. There must often be in this country a state of things which renders it difficult or impossible to add the amount of the duty to the price of the commodity. What the state of things, and what the market will be during the war, for which this revenue is to be provided, it is difficult to foresee; for what sort of a war we are to have, no one can tell. It will perhaps be another anomaly furnished by American politics. I believe, however, by the way, that gentlemen, who expect much of "the pride, pomp, and circumstance of glorious war," will be much disappointed.

But, sir, admitting with the gentlemen on the other side, that the additional duty provided by this bill will be paid by the consumers of imported articles, if the consumption is much more in one part of the country than in another, the burdens of the war will be imposed very unequally and unjustly. Now it was proved to demonstration by the intelligent and accurate gentleman from Connecticut, (Mr. Pitkin,) that the consumption of imported articles is much greater in one section of the country than in the other. His statement and arguments on this subject have not been denied. Indeed, the candid and honorable gentleman who advocated this bill on Saturday, (Mr. Bibb,) admitted that it would not operate equally. It will impose the burdens of the war on the Atlantic, the commercial, States. It is true, sir, that many imported articles are consumed in every part of the Union. Tea and coffee, as the gentleman from Pennsylvania (Mr. Smilie) told us, are used in the Western country. But the great consumption of foreign goods is in the Atlantic States; and, more than anywhere else, in the Northeastern section, the most commercial States.

I know, sir, that this topic is regarded by many gentlemen as ungracious and invidious. But legislating as we are for a confederated Republic, it is worse than idle not to regard the character, situation, and interest of the people, in the several sections of the Union; and I ask gentlemen who are so ardent in the war, whose bosoms seem to glow with patriotic fire, is it just and fair to abandon the internal taxes and impose so much of the burden of the war upon the people of the Northern and Eastern States, the majority of whom are known to be opposed to it; whose hearts and souls are not in the business; who are driven, and dragged, and forced into a war, in which they will go with you no further, nor any longer, than a patriotic obedience to the constitution and laws of the country requires; a war which they consider unwise, impolitic, inexpedient, and ruinous; a war which must annihilate their commerce; that commerce to which they owe their rapid progress in population, in the arts of civilized life, in knowledge, in literature, in all that adorns and makes society valuable and interesting? From this people, in such a war, you have little to expect. While we are talking of the protection of commerce and the violation of neutral rights, they see us adopt the most effectual means to destroy all their commerce.

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.

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:

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

Monday, July 6.

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.

FOOTNOTES:

[13] LIST OF REPRESENTATIVES.

New Hampshire.—Josiah Bartlett, Samuel Dinsmoor, Obed Hall, John A. Harper, George Sullivan.

Massachusetts.—Ezekiel Bacon, Abijah Bigelow, Elijah Brigham, William Ely, Isaiah L. Green, Josiah Quincy, William M. Richardson, Ebenezer Seaver, Samuel Taggart, Peleg Tallman, Charles Turner, jr., Laban Wheaton, William Widgery, Leonard White.

Rhode Island.—Richard Jackson, jr., Elisha R. Potter.

Connecticut.—Epaphroditus Champion, John Davenport, jr., Lyman Law, Jonathan O. Mosely, Timothy Pitkin, jr., Lewis B. Sturges, Benjamin Tallmadge.

Vermont.—Martin Chittenden, James Fisk, Samuel Shaw, William Strong.

New York.—Daniel Avery, Harmanus Bleecker, Thomas B. Cooke, James Emott, Asa Fitch, Thomas R. Gold, Robert Le Roy Livingston, Arunah Metcalf, Samuel L. Mitchill, Benjamin Pond, Peter B. Porter, Ebenezer Sage, Thomas Sammons, Silas Stow, Uri Tracy, Robert Whitehill.

New Jersey.—Adam Boyd, Lewis Condit, Jacob Hufty, James Morgan, George C. Maxwell, Thomas Newbold.

Pennsylvania.—William Anderson, David Bard, Robert Brown, William Crawford, Roger Davis, William Findlay, John M. Hyneman, Joseph Lefevre, Aaron Lyle, Abner Lacock, James Milnor, William Piper, Jonathan Roberts, William Rodman, Adam Seybert, John Smilie, George Smith, Robert Whitehill.

Delaware.—Henry M. Ridgely.

Maryland.—Stevenson Archer, Joseph Kent, Philip Barton Key, Peter Little, Alexander McKim, Philip Stuart, Samuel Ringgold, Robert Wright.

Virginia.—Burwell Bassett, John Baker, James Breckenridge, William A. Burwell, Matthew Clay, John Clapton, John Dawson, Peterson Goodwyn, Thomas Gholson, Edwin Gray, Aylett Hawes, John P. Hungerford, Joseph Lewis, jr., William McCoy, Hugh Nelson, Thomas Newton, James Pleasants, jr., John Randolph, John Roane, Daniel Sheffey, John Smith, John Talliaferro, Thomas Wilson.

North Carolina.—Willis Alston, William Blackledge, Thomas Blount, James Cochran, William Rufus King, Nathaniel Macon, Archibald McBride, Joseph Pearson, Israel Pickens, Richard Stanford, Lemuel Sawyer.

South Carolina.—William Butler, John C. Calhoun, Langdon Cheves, Elias Earle, William Lowndes, Thomas Moore, David R. Williams, Richard Wynn.

Georgia.—William W. Bibb, Howell Cobb, Bolling Hall, George M. Troup.

Kentucky.—Henry Clay, Joseph Desha, Richard M. Johnson, Samuel McKee, Anthony New, Stephen Ormsby.

Tennessee.—Felix Grundy, John Rhea, John Sevier.

Ohio.—Jeremiah Morrow.

Mississippi Territory.—George Poindexter, Delegate.

Indiana Territory.—- Jonathan Jennings, Delegate.

[14] Joseph Hamilton Davies, commanding the cavalry in the expedition to Tippecanoe, where he was killed in a night charge upon the Indians.

[15] Where he became a member of the Canadian Parliament, and as zealous for King George as he had been in Congress for Mr. Jefferson after his sudden conversion to the Republican party and its offices. When Mr. Randolph would be taunted with his abandonment of Mr. Jefferson, he was accustomed to say that he left him when Barnabas Bidwell (for Barnabas was his name) joined him.

[16] Non-importation, non-intercourse, embargo.

[17] This allusion is supposed to be to Mr. Harper, then from South Carolina.

[18] Witness Bonaparte.

[19] The primitive name of the little stream that runs at the foot of the Capitol grounds, called the Tyber since the Capitol came to its banks, and up and down which members were accustomed to walk in that early day.

[20] These salutary statutes, indispensable for the protection of the Treasury, as time was wearing out the evidence which would detect fraud, have since been disregarded by modern Congresses, carried away by a mistaken idea of justice, and the door opened to an endless succession of false claims, supported by fabricated evidence which there is no means to rebut, and plundering the Treasury for the benefit of agents who have grown up into a regular profession for the discovery, invention, and prosecution of claims.

[21] The wildest supposition of the abuse of this question, indulged in by its opponents in this debate, falls short of the reality which has since occurred, and is continually occurring in the House of Representatives; for the Senate has, thus far, succeeded in keeping this gag out of that body. In the other branch, the previous question has become the regular engine of legislation, and is constantly used by party majorities, not only to prevent discussion on the most important measures, but to prevent things from being said which the House and the country ought to know; and which, being said, might be fatal to the measure, or its authors. The only safe way of terminating useless debate is that followed in the British House of Commons. It permits all that is useful, and suppresses all that is annoying. The plainest speaker is heard while he gives information: the best is silenced when he ceases to inform, and begins to annoy. The irregular power of the House, exerted in coughing and scraping, will put an end to the harangue of the most wilful speaker.

[22] At the burning of the Theatre at Richmond.

[23] Mr. Venable.

[24] Mr. M. Clay's daughter.

[25] The annual expense of our navy already (1856) costs fifteen millions of dollars per annum; and yet all that we have got is only the beginning—the mere commencement, if naval power is intended.

[26] The events of the war of 1812, and the events of all the wars of the French Revolution, justify these opinions expressed by Colonel Daviess. These events prove that cruisers and privateers, to cut up commerce, and not fleets to fight battles, are the true American means of naval warfare.

[27] This was quite an extemporaneous method of selling an estate. To render the transaction more intelligible, it may be known that Henry was paid $50,000 at that time by the American Government for his disclosures, and it may be supposed that this impromptu purchase of "St. Martial, the Crillon estate in Lebeur, near the frontier of Spain," was a method which the two romantic friends took to divide the money which they had earned.

[28] "Mr. Calhoun has since stated to me, that the reasons given by Mr. Randolph for refusing to agree to the injunction of secrecy were, 1st. That he doubted the right of the committee to enjoin secrecy; 2d. That having just returned from Baltimore, he had heard, while in that city, that the intention to lay an embargo was already known in that city, and that the British Consul and a great mercantile house there were then acting on the information. J. Q."

[29] The practice of pronouncing funeral eulogiums on deceased members had not, at this time, been introduced into Congress.

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.

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?

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.

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

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.

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

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.

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.

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.

Friday, April 3.

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