It was intimated that there was reason to expect that that decree would be conformed to the French decree; and I believe it was a very reasonable expectation that there should be a perfect conformity in the decrees of the French and Spanish Governments. We now know what is the real construction of the French decree, and we know it to be tantamount to a declaration of war, but we choose not to consider it in that point of light. FEBRUARY, 1808. President shall, from time to time, communicate such information as he deems proper; and has thus made him the judge of what is proper for communication; but practice has long established the principle, that the House of Representatives have a right to request information whenever they choose to ask it. If, therefore, there is nothing in the present state of things which forbid this resolution, I cannot see why it should be objected to. I disclaim the unbounded confidence professed by the gentleman from Virginia; I disclaim it as a friend to the rights of the American people; and, as one of those intrusted by them, in a crisis of great danger, to take care of their great political interests, the real state of which they are not themselves permitted to know. In sonal discrimination. Were WASHINGTON at the head of the Government, I would disclaim it as I now do. The days of WASHINGTON, indeed, are past, but principles remain the same. Whoever is placed at the head of the Government, on him I shall not hesitate to call, to communicate such information as he may think proper. When I say, however, that, in disclaiming this unbounded confidence, I make no personal application, I wish it to be distinctly understood that I have no extraordinary degree of confidence in the pres France has declared war against America, and America does not choose to declare that a state of war exists between the two Powers. The treaty between this country and France stipulates that we shall enjoy free commerce; the decree says we shall have no commerce. France, therefore, has broken the treaty, and we may with proprie-disclaiming unbounded confidence, I make no perty consider ourselves at war with France, if it should be thought prudent to do so. The same remark does not apply to the late decrees of Great Britain, because there exists no commercial treaty between the United States and Great Britain. "Whether a regular army is to be raised, and to what extent, depends on the information so shortly expected." Here is an explicit declaration by the President that the raising of an army, and the extent of it, must depend on information to be received. We have received information that the decree of the French Government is to be lite-ent Administration-extraordinary! I repeat; I rally executed; but we have not supposed it necessary to raise an army in consequence of the determination of that Government to execute it. Further information, then, is contemplated as a contingency on which depends the consideration of the question, whether we shall have a regular army or not. So extremely interesting is the state of our foreign relations in general; so perfectly convinced am I, and so must be all the members of this House, that the Executive is in possession of information of the state of our for- Mr. LYON made some observations in favor of eign relations with France and Spain, and that a the resolution; in the course of his observations portion of it ought to be exhibited to that branch remarking that many stories had been circulated of the Government which must prepare for and of French influence respecting the embargo, so declare war, if we have war; and so far convinc- that, if for no other reason, this resolution ought ed am I of our incompetency to pass that judg-to be adopted, because it would operate an ecoñoment upon the state of our foreign relations which my of lies. our duty requires, that I do most cordially approve of the motion made by the gentleman from Delaware. If no other objection can be pointed out, it ought to be adopted. The existing negotiation cannot operate as an objection, because the President is not bound to communicate anything which he may think proper to conceal. If this does not constitute an objection, there can be none. have a confidence that it is pursuing what it deems the interest of the nation-but I am not so confident that its conduct is consonant to the dictates of a sound judgment. It is impossible, however, to form a correct opinion on the subject. All is conjecture. Information is wanted. It may appear that the Administration is pursuing the most wise course; and, if so, it is certainly desirable to remove all suspicion from the public mind. Mr. M. CLAY moved that the resolution lie on the table. It was not improper, but premature. He was of the same opinion as to the bill under consideration to-day, (additional army,) rather premature. Mr. Cook said, he wanted information. Was there anything indicative of war? Did they fear immediate war? No; they did not. And, after all that had taken place, he wished to know whether they were to have peace or war. We are told, because the President has said that nothing shall be wanting on his part, that it Mr. VAN HORN was opposed to the resolution is not proper to call for information. This is, to at this time, and was also determined not to vote me, a very strange argument; and nothing can for the bill this day under consideration (addibe more hostile to the principles of a free Gov- tional army) till he had information. This was ernment than the deliberate assumption of such an improper time, however, to ask it. It must be a position. Is our Government, indeed, a Gov-known, said he, that we are waiting information, ernment of confidence? It may not, indeed, be as it has been called, a Government of suspicion, but it is certainly not a Government of unlimited confidence. The Constitution has said, that the and that the state of events has prevented its being communicated. What are we now to do? We are told that the advocates of the resolution do not want improper information. The informa tion called for is with a view directly expressed, to enable us to act on a war measure. What must the President say? If he recommends the raising of troops, or to the contrary, it shows his opinion with respect to the pending negotiation, and such an opinion the President may not wish to advance. It is the duty of the President to communicate such information at such times as the public good may require it. He knows that we want information. He has expressly told us nothing shall be wanting on his part to give despatch to our proceedings at a moment so interesting to the public welfare. What more could he bave said? Does any man doubt that he will give us information, when it is necessary to act? Then, if it be necessary, in his opinion, that an army shall be raised, that will be a moment in which it will be proper for him to communicate information; and, till that time, I shall not vote either for increasing the Peace Establishment, or for raising an army. I will not act without information; and I would not be understood as willing to raise twelve or fifteen thousand men without being satisfied that they are necessary. And I hope the bill will not be called up till we have information on which we can be satisfied whether or not it is necessary to raise an army. Mr. BACON said that, as the proposition now before the House did not seem to him to be one which necessarily involved in it any question of political or personal confidence in the Chief Magistrate of the nation, he could not think that it was requisite for him to seize upon the occasion for the purpose of declaring whether he entertained that confidence or not, especially when he considered that, however important it might be, that the opinions of some other gentlemen in the House should, in this respect, be known, and they had on that account undoubtedly supposed that they were discharging a high and solemn duty, in explicitly declaring them; yet, with regard to himself, it was a matter of little consideration, either with the House or the nation, to justify him in stepping aside from his duty, for the purpose of proclaiming his individual confidence, or expressing his distrust of the Executive Magistrate. Whatever his personal partialities or aversions, in that respect, might be, he could not perceive the necessity of calling them into action for the purpose of enabling him to decide the question now before the House; and, in giving his vote in the negative, he felt that he should stand justified in it merely by that Constitutional confidence which, as a member of one branch of the Government, he might be supposed to entertain toward another branch, and that was all which, on this occasion, he thought it necessary to express. It is provided in the second article and third section of the Constitution that the President shall, from time to time, give to the Congress information of the state of the Union, and recommend to their con'sideration such measures as he shall judge necessary and expedient." In the performance of this duty, he is undoubtedly intrusted with a discretionary power, for the due and proper exercise of which he is fully responsible. If he is pos H. OF R. sessed of any information which might have an important bearing on our measures and deliberations, and which the public interest does not, for the present, require him to keep secret, and he notwithstanding fails to communicate it, and the public service thereby sustains injury, he is undoubtedly as much responsible for that neglect of duty, as he would be for recommending to our consideration measures which were improper and detrimental to the country; and if, for want of that information which we ought to have had, we fail to adopt those measures which the public safety requires, this House are in no wise responsible for it, it rests altogether with him. Mr. B. remarked, that this general view of his Constitutional powers and duties was particularly applicable to that sort of information which he might be supposed to possess in relation to our relations with foreign Powers, and to any existing negotiations which might be pending between us and them; that as the Executive alone could be supposed to know what the peculiar state of those relations were, so he alone could correctly judge how far, and when, it was proper to give them publicity. The President having, in substance, told us, at the commencement of the session, that our future measures must depend upon the events which might turn up thereafter, and which would in proper time be made known to us, we had a right to suppose that no further information on those subjects, which it was proper at this time to make known, was in his possession, beyond what had already been communicated, in the course of the session. Whether what we were already possessed of was sufficient to justify any particular measure which might, from any quarter, be submitted to the House, every member would judge for himself, being responsible for his conduct, and his vote, no further than the information which was laid before him justified. It certainly is not our duty to remind the Executive that it is at all times, and more particularly in the present critical state of affairs, incumbent on him to furnish us with every light that he possibly can, consistent with the public convenience, and a regard to pending negotiations with foreign Powers; and, I repeat it, that, for the proper, faithful, and fair discharge of this duty, the Executive alone is responsible to the nation, and it is not for either of the other branches of the Government to assume a responsibility which does not Constitutionally belong to them. Mr. B. said, he was not, therefore, for doing it, although he probably felt as much curiosity as other gentlemen to know exactly how we were situated in our foreign relations, and although he professed to know as little about them as any other member on that floor. As to the argument used by a gentleman from Kentucky, (Mr. LYON,) that it was politic and expedient to pass the resolution before us, in order to prevent misrepresentations of our conduct and our views; and that it would, therefore, be, as he expressed it "an economy of lies;" Mr. B. would only remark, that the crops of that commodity which were every day springing up around them and in every quarter of the country, were so vast ly beyond what was necessary for their ordinary consumption, that it would be a desirable object to discourage them if they could do it effectually; but that they sprang from such a great variety of sources, and branched out into such innumerable ramifications, that the attempt was fruitless and in vain; and, to cut off one root of the evil, even if it was in our power to do it, would be of very little consequence, while a thousand others remained, and would be daily springing up, so long as a disposition for misrepresentation and calumny prevailed in the country. He therefore hoped that if that gentleman had no better reasons than that for voting in favor of the resolution before the House, that he would, upon more serious consideration, relinquish it. Mr. QUINCY said that the gentleman from Virginia (Mr. DAWSON) and his colleague (Mr. BACON) called for confidence not only in what the President does, but in what he thinks. The latter gentleman, observed Mr. Q., says, that if we neglect the doing of an act, because we were not informed of the necessity for it, the omission rests with the President of the United States. But we ourselves are now called upon to act. Great duties are required of us. What are they? To raise an army of twelve thousand or fifteen thousand men. We ask for information to know what number are necessary, and where our exposed points are. I have no objection to give all the force which may be requisite for the public good; but I wish to know what particular points require force, and whether this force is to the extent which it becomes our duty to give? On motion, the House now adjourned FRIDAY, February 19. A Message was received from the President of the United States, transmitting the report of the Commissioners for laying out the route of the Cumberland road.-Referred to Mr. JOHN MONTGOMERY, Mr. JEREMIAH MORROW, Mr. LEWIS, Mr. SAMUEL SMITH, and Mr. STANFORD. On motion of Mr. VAN DYKE, Ordered, That the petition of the officers and soldiers who served in America, during the war between France and Great Britain, which commenced in the year one thousand seven hundred and fifty-five, presented the twentieth of February, one thousand eight hundred and seven, praying to be confirmed in their respective titles to certain lands granted by the King of Great Britain, in consideration of military services rendered the American Colonies, during the said war, be referred to the Committee on Public Lands. Mr. LEWIS presented a petition of the stockholders of the "Marine Insurance Company of Alexandria," and others, in the District of Columbia; praying that a law may be passed by Congress to alter the style of the said company to that of "The Marine and Fire Insurance Company of Alexandria ;" and to authorize the company under its new designation to make insurances against fire on houses, warehouses, household furniture, and on goods, wares, and merchandise, FEBRUARY. 1808. within the United States.-Referred to the Committee on the District of Columbia. The resolution submitted to the consideration of the House yesterday, by Mr. VAN DYKE, requesting the President of the United States to communicate information touching our foreign relations, being again read at the Clerk's table the question was taken that the House do now proceed to the farther consideration of the same; and passed in the negative. Mr. POINDEXTER, from the committee to whom the subject was referred, reported a bill concerning the power of the Territorial governments, (to take from Governors of Territories the powers of prorogation,) which he moved to be engrossed for a third reading, as it could not be amended, and must stand or fall on the principle. Mr. TROUP objected, and moved that it be referred to a Committee of the Whole, that being the usual course and this a bill of importance.Carried, yeas 58. Mr. MORROW moved that the Committee of the Whole on the bill to amend the nineteenth section of the act fixing the Military Peace Establishment, be discharged from further consideration of it, and that it be referred to the committee heretofore appointed to inquire what compensation ought to be made to persons who have received wounds in the service of the United States since the Revolutionary war. The bill went to the same object, but was not as broad as the resolution which had been by this House referred to a committee.— Agreed to. DEATH OF JOHN DICKINSON. Mr. EPPES.-It has just been announced to me by a friend that JOHN DICKINSON, a venerable patriot of our Revolution, is no more. His attachment to liberty and his exertions in our struggle for independence are recorded on the page of history. His talents, his private virtues, and above all, his public services, entitle him to those marks of respect which have heretofore been extended to other patriots of the Revolution who no longer exist but in the remembrance of a grateful country. Mr. E. then moved the following resolution, which was adopted: Resolved unanimously, That this House is penetrated with a full sense of the eminent services rendered to his country in the most arduous times by the late John Dickinson, deceased; and that the members thereof wear crape on the left arm for one month, in testimony of the national gratitude and reverence towards the memory of that illustrious patriot. GOVERNMENT CONTRACTS. The order of the day for the House to resolve itself into a Committee of the Whole on the engrossed bill, entitled "An act concerning public contracts," recommitted on the sixteenth instant, was called for; and the question being put that the House do now resolve itself into a Committee of the Whole on the said bill, it passed in the negative-yeas 50, nays 61, as follows: YEAS-David Bard, Burwell Bassett, William W. Bibb, William Blackledge, Thomas Blount, John Boyle, William A. Burwell, John Campbell, Matthew Clay, John Clopton, Howell Cobb, John Dawson, NɅrs-Evan Alexander, Willis Alston, jr., Ezekiel H. of R. that it shall not be employed in foreign trade during the embargo. The third section provides that in all cases where bonds have been given under the embargo laws, the party or parties to such bond shall, within four months from its date, produce to the collectors of the port from which the vessel had been cleared, &c., a certificate of the relanding of the same, from the collector of the proper port, on failure whereof the bond shall be put in suit, &c. The fourth section provides against exportation in any manner whatever of goods the exportation of which by sea is prohibited by the embargo laws; and if any such be exported from the United States, either by land or water, the vessel, boat, raft, cart, wagon, sleigh, or other carriage in which the same shall have been exported, together with the tackle, apparel, and horses, be forfeited, and the owners of such vessel, boat, &c. as well as the owner of such goods, &c. knowingly concerned in such prohibited exportation, shall each forfeit and pay a sum not exceeding nor less than dollars for every such offence. The fifth section provides that on the return of any fishing vessel which shall have sailed subsequent to the embargo law, it shall be the duty of the master and mate to take oath that the whole of the fishing fare has been brought into the United States, and that no part thereof has been sold on the voyage. ties incurred by this act shall be sued for, recovered, The sixth and last section provides that penaldistributed, and accounted for, mitigated or remitted, as penalties incurred by the embargo law.] Á motion was made by Mr. GOLDSBOROUGH, to market vessels, &c., from the restriction imposed strike out the second section, intended to exempt ritories, and which have heretofore evaded the on boats in the bays, &c., adjacent to foreign terlaw by crossing the bay, &c. This motion was supported on the ground that there is a Constitutional prohibition to passing such a provision, as the Constitution says that "no preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another." [The first section of this bill provides that no ship, vessel, or boat, of any description whatever, of the United States, which is neither registered, licensed, or possessed of a sea-letter, nor any foreign vessel, shall be allowed to depart any port of the United States with a cargo to another port in the United States, until bond shall be given, in The motion was opposed on the ground of exdouble the value of vessel and cargo, that the ves-pediency; and that the Constitution in contemsel shall not proceed to any foreign port or place, plating this did expressly warrant the provision, and that the cargo shall be relanded in some port moved to be struck out, inasmuch as the inhabiof the United States: Provided, that vessels tants of the States adjacent to foreign States now whose employment has been uniformly confined do enjoy an advantage over those which are otherto rivers, bays, and sounds, within the jurisdiction wise situated, by trading with a foreign Power, in of the United States, shall be excepted, by giving these boats, with impunity; and it was to equalbond to the amount of three hundred dollars for ise commercial regulations that this section was each ton of said vessel, with conditions that such to be passed. vessel shall not be employed in any foreign trade during the time limited in the bond. The second section provides that boats not masted, or if masted, not decked, whose employ ment has been and shall be confined to rivers, bays, and sounds, within the United States, and lying within districts not adjacent to territories, colonies, or provinces of a foreign nation, may be exempted, whether licensed or not, by giving bond in thirty dollars for each ton of said boat, with condition Motion negatived by a large majority. Some discussion arising on the sums with which the blanks in the fourth section of the bill should be filled, on motion of Mr. J. MONTGOMERY that part fixing the minimum was struck out, and "not less than ten thousand dollars, at the discretion of the court," inserted-yeas 56. A motion was made by Mr. ROWAN, that the fine should be at the discretion of the jury instead of the court, and negatived-51 to 36. Mr. VAN HORN moved to strike out of the first section, the words "no ship, vessel, or boat of any description whatever, and insert "no ship or vessel," with a view thereafter to strike out the second section.-Agreed to. The Committee then rose, reported progress, and obtained leave to sit again. SATURDAY February 20. Mr. J. MONTGOMERY presented a memorial of the officers of the Navy of the United States, praying that the value of rations may be fixed at the former price, of twenty-eight cents; that officers, when unemployed, may receive their rations in addition to half pay; that a provision may be made for widows and orphans, similar to that now made for those of the officers of the Army; that compensation to masters commandant and midshipmen be increased.-Referred to a select committee. THE EMBARGO. The House took up for consideration the report of the Committee of the Whole on the bill supplementary to the embargo law. The question having been put on an amendment to the second section as follows: "but no'thing contained in this section shall compel the Secretary of the Treasury to require a bond for boats under five tons, if in his opinion there ex'ists no urgent necessity for taking the same;" It was amended, on motion of Mr. BACON, by striking out the words in italic, and inserting the following; "Provided, however, That the Secre'tary of the Treasury be and he is hereby authorized to dispense with the requirement of any 'such bond." A motion made by Mr. GOLDSBOROUGH to strike out the words five in the amendment, and insert ten, was negatived, ayes 23. Mr. D. R. WILLIAMS, in some observations to show the hardship of the obligation negatively required by this amendment, that all boats under five tons should give bond or not, at discretion of the Secretary of the Treasury, remarked, that although he was not here when the embargo law passed, if he had been, he should have voted against it, conceiving it a premature measure; but now it was imposed, now the nation had lifted its hand, he thought it proper to support it. He said this much, lest it should be supposed that he had a disposition to loosen the gripe of the embargo; he would hold on it till death, or till it should be ascertained whether or not it would answer the intended purpose. There could not be a man in the House but who was determined to hold on to the embargo as a national measure, but it could not be expected that the nation would submit to it, if they imposed such extreme and barassing regulations as to prevent any boat from sailing from a plantation to market, &c. without giving bond. Mr. W. then made some forcible remarks to show the peculiar situation of the South Carolina planters, some of whose boats carried six hundred bales of cotton, and could not FEBRUARY, 1808. sail to Charlston with produce, though only a few miles, without giving bond. Mr. TAYLOR replied to his colleague, who had just sat down. In the course of his observations he remarked that in South Carolina, in a single hour, he could, by making a contract with planters, deliver to a vessel in waters deep enough to receive a vessel of five hundred tons of burden, a complete freight. Their canal or bay boats might be manned and loaded altogether by black people, and conveyed down the bay to a vessel lying far out of the reach of custom-house officers, without the knowledge of any person who could be introduced as evidence in a court of justice; thus, in a very short time could ten or fifteen thousand bags of cotton be exported. As to the provision itself, Mr. T. believed that their constituents would not murmur at the provisions intended to render the embargo more effectual; they would not strain at the gnat when they had swal lowed the camel. Mr. J. CLAY read an amendment which would be found to do away all objection, and answer the ideas of all gentlemen, which he would propose if the present amendment were rejected. Mr. D. R. WILLIAMS avowed his concurrence with the amendment which the gentleman had read, as it would remove his objections. Mr. TROUP, in some remarks in favor of a restriction, observed that he had always thought the measure of the embargo was the best for our situation that could have been devised, and had no doubt that if that measure had been followed up by a pertinent system of defence, it would have produced an honorable peace even by this time. For the same reason he wished the embargo to be rendered effectual. If the bill were passed without some restriction of the kind, Savannah would be made the depot of the Eastern and Middle States, and thence produce would be conveyed in boats to St. Augustine. Mr. NEWTON, in the course of some observations on the amendment, observed as to the general measure of embargo, he had always considered that it would be of advantage to the United States, in which opinion he had been further confirmed by the late British and French decrees. Mr. N. also acquiesced in the amendment read by Mr. J. CLAY. The amendment was negatived by a considerable majority; and Mr. CLAY's agreed to without a division. Several other amendments of minor importance were then made. A motion was made by Mr. Cook to recommit the bill to a Committee of the Whole, and negatived-ayes 32. A motion made by Mr. DURELL to adjourn was negatived, 52 to 27. Mr. MILNOR, as he said he was unable, after the various and contradictory amendments which had taken place, to say what the bill was, moved to postpone the farther consideration of the bill till Tuesday next, that it might be printed as amended-negatived, ayes 19. Several amendments were offered to the fifth |