hoped the honorable gentleman would have gone further, and said not only that he would in this case permit our vessels to defend themselves, but to make good prize of any vessel which should impede the trade admitted by the laws of nations. But the gentleman had stopped short of this.

SENATE.

we may now trade to Spain and Portugal-because Great Britain permits us. [Mr. LLOYD observed that he had not said we could trade there because Great Britain permitted it.] I know the gentleman did not say that (said Mr. S.) but it is my inference. He said we might trade there. I By the Orders in Council, now made law (said deny it. I beg the gentleman to recollect what Mr. S.) all neutrals-all neutrals, this is a mere passed some time ago, between Lord Hawkesbury word ad captandum, as it is well known, there and Mr. King, and see what reliance can be placed is no neutral commerce but American-all Ameri- on the promises of British Ministers. On a repcan vessels, then, bound to France, or countries in resentation made by Mr. King on the subject of alliance with her, are made good prize in the Brit- the colonial trade, Lord Hawskesbury agreed, proviish courts. When bound to any part of the con- ded the vessel carrying produce from the colonies tinent of Europe, or any possessions in Turkey or should go to the United States and reland her cargo, Asia, they are a good prize, Sweden alone ex- that she should not be liable to capture. What cepted. We are then permitted to trade-for it was the consequence? One year afterwards priis a permission to trade, since we must acknow- vate instructions were given to the British cruiledge ourselves indebted to her for any she per-sers to take such vessels, and every atom of this mits-we are graciously permitted to go to Swe- produce was swept from the ocean. If this is the den. to which country our whole exports amount manner in which Ministerial promises have hereto $56,157! This petty trade is generously per- tofore been fulfilled, what reliance can be placed mitted us as a boon, and this boon will be struck off on them now? By letters from my correspondthe list of permission, the moment any difference ents, I learn that three merchants engaged in the arises between Great Britain and Sweden. I am American trade had waited on Mr. Canning to aware, sir, that gentlemen will say this may re- see whether American vessels might trade to quire explanation. I will give it to them. Great Spain and Portugal. Yes, Mr. Canning anBritain says you shall not trade to any of the swered, they might trade in the produce of their countries I have interdicted till you have my own country. But the King is authorized to vary leave; pay me a duty, and then you may go to these laws, and give permission to trade with any any port; pay me a tribute, and then you shall country when he pleases. Has he given any such have my license to trade to any ports you choose. permission to trade with Spain? No. Is then What is this tribute? Not having the documents the mere conversation of Mr. Canning a sufficient before me, I may make an error of a fraction, but security? No. Is it anything like as binding as in the principle I am correct. On the article of that formerly officially given to Mr. King, and flour. they tell us, you may bring flour to Great which was violated? Certainly not. Can this Britain from America, land it, and, if you re-ex- then be a safe trade? No, sir; my informant, port it, pay into our treasury two dollars on every who was one of the merchants who waited upon barrel. For every barrel of flour which we send Mr. Canning, says that should France, now warto Spain, Portugal, or Italy, where the gentleman ring with Spain, overrun any part of the country, from Massachusetts has correctly told us much of and our vessels afterwards attempt to enter, not it is consumed, little of it being used in Great having heard of it, they would be good prize. I Britain or France, you must pay two dollars be- am not learned in the law, but I will ask this sides your freight and insurance. And this trib-question of those who are: Would not a British ute is to be paid for a permission to trade. Are gentlemen willing to submit to this?

On the article of wheat, exported, you must pay in Great Britain a duty of, I believe, two shillings sterling a bushel, before it can be re-exported. On the important article of cotton they have charged a duty on its exportation of nine pence sterling per lb., equal to the whole value of the article itself in Georgia or South Carolina. This is in addition to the usual import duty of two pence in the pound. Thus, if we wish to go to the Continent, we may go on condition of paying a tribute equal to the value of the cotton, in addition to risk or insurance. It is generally understood that two-thirds of the cotton exported by us, may be consumed in England, when all her manufactures are in good work. On the remaining third the people of the Southern country are subject to a tribute on twenty millions of pounds, at the rate of 17 cents per pound. Let this be calculated, and it will be seen what tax we must pay for leave to sell that article.

But, says the gentleman from Massachusetts,

judge in this case be obliged to abide by the law, instead of the conversation of Mr. Canning? He certainly would; and would give our Minister in this case precisely the answer which the French Council of Prizes gave General Armstrong, that the opinion of an individual could not contravene the express stipulation of a positive law.

The gentleman last up told us that American flour was selling at forty-seven shillings a barrel in England. The gentleman knows that flour carried there, and not entered for re-exportation, cannot be removed. Flour in that situation has been lying ten or twelve months in London, could not be exported, and is somewhat injured by age, having been locked up in the stores of England, without a possibility of exporting it; and it is this that sells at that price.

The honorable gentleman last up has said that the exports of the United States to Spain and Portugal were twenty millions of dollars. The gentleman's arguments were applied to Spain and Portugal. The exports to Spain and Portugal, and all their possessions, including the immense

exports to La Vera Cruz, amounted to something near this sum. But let us take the gentleman on his own ground, and see what we could carry on of this trade, in our domestic product, if the embargo were removed. The whole exports of the United States, in the produce of the land, the year ending in October, 1807, were $48,509,502; of which, the proportion to Spain was $1,131,281; to Portugal, $829,313. I agree with the gentleman, that, if the embargo was off, we might carry on a very lucrative trade with the Spanish colonies and the Brazils, if we had the materials to carry it on. They do not want our flour, but articles which can now no longer be got-goods imported from Germany, and nankeens and cotton goods from India. But these are not the produce of our country, to which the gentleman alluded; and I say that the exports of our domestic produce to the colonies and islands of Spain (Cuba alone excepted) are very small. Great Britain will not let us go to Germany to get German goods, and therefore we cannot carry them as we were accustomed to do. But perhaps we shall be told we may carry British goods. What does the gentleman say, as a merchant, to paying double freight, duty, and insurance, and then competing with England in the sale of her own manufactures? We have done it heretofore, because Great Britain was excluded from that trade, Confine the trade then to Spain and Portugal, supposing it to be free, and it will not amount to two and a half millions altogether. We are to say to Great Britain, If you will give us the boon of going to Spain and Portugal, (and perhaps this is but an ignis fatuus to lead us to her prize courts,) we will submit to your tribute elsewhere.

The English Orders had told us we might trade as usual with the West India islands; but now, believing no doubt that this Government has not strength or energy in itself to maintain any system long, what has she done? Proclaimed a blockade on the remaining islands of France, so that we are now confined to British islands alone! We are restricted from trading there by blockade, and what security have we, that if the embargo be taken off for I wish it were off: no man suffers

NOVEMBER, 1808.

Mr. S. concluded by saying that he had not meant to take up so much time of the House-he had meant merely to state his ideas of the situation in which we were placed by the edicts of the two belligerents. He wished to place it in such a point of view that gentlemen might be led to adopt such measures as might best secure the interests of the country. Mr. S. said his own private interests pressed so heavily on his mind, that he could scarcely trust himself to decide. He had therefore submitted these ideas to gentlemen whose feelings were not thus affected, that if they might think proper, with the honorable gentleman, to take off the embargo, he might join with them; if not, that some other might be adopted which would lead to the security of our peace and honor.

Mr. POPE said, that in the observations which he had made a short time ago, he had no intention to violate the decorum of debate; and if he had discovered warmth on the general subject, he hoped no gentleman would consider his remarks as personally applied to him.

Mr. LLOYD said he rose for the purpose of making a single observation. He had stated, when up before, that the trade to Spain, Portugal, and her colonies, took off about twenty millions of dollars. He found, by the report of the Secretary of the Treasury. that the exports to these countries amounted to upwards of seventy millions, excluding a large portion of the trade.

Mr. SMITH said he understood the gentleman to apply his arguments to our domestic exports to Spain and Portugal only, and not their dependencies, which the gentleman might, however, have meant to have included.

The Senate adjourned about half past 2 o'clock.

TUESDAY, November 22.

The bill, entitled "An act to authorize the conveyance of certain papers and documents by the mail, free of postage," was read the second time, and referred to Messrs. ANDERSON, MOORE, and FRANKLIN, to consider and report thereon.

The Senate resumed the second reading of the bill to reward Andrew Joseph Villard, for an invention of public utility.

Ordered, That it be referred to Messrs. THRUSTON, TIFFIN, and BRADLEY, to consider and report thereon.

THE EMBARGO.

more from it, in proportion to his capital, than I do; but I stand here the Representative of the people, and must endeavor to act in such a manner as will best secure their interests; and I pledge myself to join heart and hand with gentlemen to take it off, whenever we can have a safe and honorable trade-that, from our submitting to these The Senate resumed the consideration of the interdictions, as a right of Great Britain, she may motion made on the 11th instant for repealing the not choose to interdict all trade, she being omnip-"Act laying an embargo on all ships and vessels otent, and sole mistress of the ocean, as we were in the ports and harbors of the United States, and told by the gentleman from Connecticut. I have the several acts supplementary thereto." seen a late English pamphlet, called "Hints to both Parties," said to be by a ministerial writer, to this effect: that Great Britain, having command over all the seas, could and ought to exclude and monopolize the trade of the world to herself. This pamphlet goes critically into an examination of the subject; says that by a stroke of policy she can cut us off from our extensive trade; that she has the power, and, having the power, she ought to do it.

I

Mr. POPE.-Mr. President: I rise with more than ordinary diffidence to address you on the interesting question under consideration. When I consider the present state of our country-embarrassed with difficulties; menaced with dangers by foreign nations; our ships captured and burnt by one Power, captured, condemned, and confiscated by the other; a storm gathering in the East, which threatens to burst upon us with rebellion and dis

union; the honor, independence and best interest of the American people deeply involved in the course to be pursued-I am seriously impressed with the immense responsibility which devolves upon me, as one of their Representatives, at this awful crisis. The want of some documents, which I had expected would before this have been furnished us, and of a more intimate acquaintance with the commercial world, renders me unable to do justice to all the topics which gentlemen have introduced in the wide range they have taken; although I shall not attempt to explore the whole ground, I will endeavor, with the best lights I possess, to notice such of the arguments of the genilemen in opposition as seem to demand attention. On the 4th of July, 1776, the people of these States declared themselves free and independent, and this declaration they sealed with their blood. Their independence was soon after recognised by different Powers of Europe, and finally by Great Britain herself. By this memorable and glorious event, which released them from the shackles of the British Government, and gave them independence, they became entitled to all the rights and privileges on the high seas which could be rightfully claimed by any other nation; and these rights. I presume, it will not be pretended they have either abandoned or forfeited. The high

SENATE.

well as from the depredations committed on our unprotected trade by lawless freebooters, and the unwarrantable impressment of our seamen. Your memorialists will not attempt to discuss at large the principle, which, they understand, has been adopted by the Admiralty Courts of Great Britain, in recent decisions respecting the rights of neutral nations; it is sufficient for them to observe, that in their opinion, the principle assumed by Great Britain, of considering all the trade of a neutral nation as unlawful, which the same cannot carry on in time of peace, to be new and unwarrantable; a principle not authorized by the maxims of sound justice, which have long been received and respected by nations, as laws by which their mutual intercourse ought to be regulated.

reasoning with great ability and perspicuity to The people of Boston, in their memorial, after prove that this new principle assumed by the British Courts of Admiralty was an alarming infraction of neutral rights, solicit the Government send a special mission to London. Here Mr. on account of the importance of the subject, to POPE read from the Boston memorial as follows:

"But whatever may have been the motives for the proceedings on the part of Great Britain, the effect is notorious. From her recent conduct great losses have been sustained; our commerce has been checked and embarrassed, and large quantities of produce are now remaining locked up in this country, which were pur

chased for foreign markets; because our merchants cannot send it abroad, without taking risks on themselves which prudence would not justify, or without paying such rates for insurance as the trade of the country cannot afford.

they cannot but hope, that like dispositions are entertained by the British nation towards this country, and if measures were speedily taken for the amicable discussion, by negotiation, of our complaints, that a sense of her own interest, and a respect for the rights of others, would induce her to depart from her present measures, and to conduct towards us with justice and liberality.

seas have been hitherto considered the common highway of nations, designed by the God of Nature for the common use of mankind, and over which no Power could rightfully claim exclusive dominion. I shall not waste the time of the Senate to inquire whether France or Great Britain has "Thus circumstanced, the merchants of Boston been the first aggressor on our neutral rights, or have thought it their duty respectfully to make known from which we have received the most injuries their complaints to their Government. Believing the and indignities, because such an inquiry appears to citizens of the United States desirous of cultivating reme at this time unimportant. I am willing to lations of amity with the whole human race; and parview both nations with an equal eye as common ticularly connected as they are with Great Britain, by enemies. Nor do I deem it necessary to retro-habits of constant intercourse and by mutual wants, spect injuries and insults of an ancient date, but shall confine myself to a period and circumstances more intimately connected with the present crisis. In 1805, the British Government asserted that this country was not entitled to carry on trade with her enemy in time of war, not permitted in time of peace. Under color of this new principle, a number of American vessels were captured by British cruisers and condemned in British Courts of Admiralty. This conduct of the British Government alarmed the whole commercial interest of this country, and memorials were sent to the President from the different commercial towns in the United States, protesting in strong and spirited language against this novel principle, and calling upon our Government to resist by negotiation it, as well as the impressment of our seamen. I beg leave to read a part of the memoriai from New Haven, in the State of Connecticut. Mr. POPE read as follows:

"That your memorialists have observed with no common degree of surprise and solicitude, the numerous embarrassments which the commerce of the United States has suffered, during the present war with Europe and the Indies, arising from the adoption of new principles by the Admiralty Courts of Great Britain, as

66

"Under this persuasion, and without meaning in the smallest degree to derogate from the talents or attention of the American Minister at the Court of London, the subscribers, with deference and humility, beg leave to suggest, whether, when so important national interests are at stake, a special mission would not carry with it great influence, and be very instrumental in the accomplishment of our reasonable wishes."

This earnest and fervent call on the Government by the commercial interest was promptly obeyed by the Administration. The course pointed out by the memorialists was pursued; a special mission was immediately sent; this new principle, as well as other violations of our maritime rights, were resisted with energy and ability, and every effort made to obtain a redress of injuries, and to place our commerce upon a just and honorable basis, as must be evident to every man who has read the documents communicated to

SENATE.

The Embargo.

NOVEMBER, 1808.

force at that time, if then officially known to our
Government, would not have been a sufficient
cause for the embargo? And if they admit that
the whole, combined, would have justified the
measure, at the same time that they deny it to
have been wise, they are constrained to acknowl-
edge that it was at least fortunate. If the dan-

rendered the measure proper, how can gentlemen
seriously contend that while those dangers con-
tinue, it ought to be removed, without proposing
some more efficient measure as a substitute?
We are told, however, that the avowed object
of this measure was to secure our property and
seamen from capture, and that it was represented
to the two belligerents as a measure of precaution,
not as a measure of coercion or hostility. It is
in its nature a precautionary measure, and it was
the duty of the President to represent it in that
light to foreign Governments; and whatever in-
conveniences may result from it, they cannot, by
the law of nations, consider it as a measure of hos-
tility. Yet the gentleman from Connecticut tells
us triumphantly that it has not only failed to pro-
duce any effect upon foreign nations, but that it
never will operate as a measure of coercion. If
the gentleman does not think this measure the
best that can be devised, and that some other
would better suit the present state of things, it is
certainly his duty to propose it, and not to press
a negative proposition calculated merely to cen-
sure, to find fault. I sincerely lament that this
measure has not been productive of all the good

Congress during the last and present session. I shall pass over the different decrees and orders of the two belligerents from 1805, until the Fall of 1807. I will pass over the affair of the Chesapeake, which cailed forth such a burst of indignation throughout this country. In December 1807, during the last session of Congress, the President was officially informed, that Bonaparte had deter-gers to which our commerce was then exposed mined to extend his decree of Berlin to American commerce, and although not officially notified, had every reason to believe that the French decree had been or would be retaliated by the British Orders of Council. The President thus warned of the dangers which threatened our commerce on the high seas, communicated the subject to Congress by a confidential message, recommending an embargo, to secure our vessels and seamen from capture. His advice was attended to; the measure was adopted. I expected, or at least hoped at that time, that this measure, besides securing our property, by its pressure on the belligerents, aided by a conciliatory course on the part of our Government, would have induced an amicable adjustment of differences with both or one of the belligerents, and thereby averted the calamities of war; that if it failed to produce this effect, it would at least afford us time to prepare to meet war, if inevitable. That our Administration has used every honorable means during the existence of this measure to settle our differences amicably with the belligerents, cannot be doubted by any one who has read the documents accompanying his recent message. After the Administration had pursued the course marked out by the com-effects anticipated. But, sir, although it has not, mercial people, whose organs the gentlemen in the opposition appear to be on this occasion-after resisting the unjust pretensions of France and Great Britain-after the Government had laid an embargo and brought the nation to the eve of a war for the maintenance of our maritime rightswhat do we hear? We are told by a part of these same people, to the astonishment of all America, by solemn resolutions, which are already before the public, called the Essex resolutions, that we have no cause of war against Great Britain, and all her aggressions, if not justified, are excused; and our Government is gravely told to disgrace itself by receding from the ground it has taken. The gentleman from Connecticut, whose object seems to be rather to prove this measure wrong at first than what ought now to be done, tells us that the French decree of Berlin was not sufficient to justify this measure at the time it was adopted, because France had no naval force to give it effect on the high seas. If the Berlin decree was not sufficient to justify our embargo, upon what principle can it be pretended that it justified or even palliated the British Orders of Council? Although at the time the embargo was laid we had every reason to believe that the orders had issued, and which turned out to be the fact, yet I will admit, for the sake of argument, that the Berlin decree was not a sufficient ground for the embargo. Will gentlemen contend that the Berlin decree, British Orders of Council, and the French decree of Milan, all which were in

owing to numerous evasions and violations, together with other causes, induced foreign Powers to discontinue their depredations and restrictions upon our commerce, it does not necessarily follow that, if persevered in and properly executed, it would not produce this effect. It is some consolation to the friends of this measure that it has been productive of some good. It has prevented a large portion of our property from falling into the hands of the belligerents, it has preserved peace and afforded us time to prepare for war, if this sad alternative must be resorted to. The gentleman from Connecticut and the gentleman from Massachusetts do not appear to agree as to the effects of this measure. The gentleman from Connecticut contends that it had no effect, while the gentleman from Massachusetts informs us that it had a very considerable effect on Great Britain in May or June last. If it has at any time had an effect upon either of the belligerents, it proves at least that its advocates did not miscalculate as much as the gentleman from Connecticut would induce the world to believe. The gentlemen have cited a French exposé, to prove that the embargo is approved by that Government; this document I have never seen, and cannot, therefore, comment on it; and the gentleman might have proved by Mr. Canning's letter, that Great Britain is not dissatisfied with it, if the sincerity of such declarations is to be confided in.

The gentlemen have not explained their object in referring to this document; was it to prove