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H. OF R.

Non-Importation of Goods from Great Britain.

MARCH, 1806.

ed subjects, instead of being peaceably permitted | be captured, and occasion a loss of millions, but the to cultivate the soil, are hired, or compelled to former would enforce its operation with an efficacy too leave this innocent occupation, and imbody them-powerful to be concealed, attended with the saving of selves for the purpose of learning more completely millions of dollars, which are yearly remitted for superthe infernal art of inhumanly butchering the hu- fluities. Let us know our strength, as it relates to man species, and to destroy, in a short time, the Britain, and we should not hesitate long in putting it productions of great and fertile countries, where- into operation. Ships of war are the strength of Britby always want, and sometimes famine is pro- ain, but a non-intercourse would soon dismount every duced! Thus situated, the United States can, cannon of their navy." without shedding of human blood, and without permanent injury to her revenue, or citizens, compel the haughty tyrant of the ocean to do us that justice which several of the most powerful nations of Europe have long strove in vain to effect, by equipping large fleets, and raising mighty armies. For the United States of America is reserved by the Allwise Disposer of Events, that glorious work of effecting by peaceable means, a cessation from injustice and injuries, which war measures have only tended to increase. To prove this fact, we need only recur to the history of the last century; there we find three of the most powerful maritime nations of Europe-Holland, France, and Spain-contending with England, severally and jointly, for the sovereignty of the seas; and what has been the effect? Let the blood-stained ocean, and the numerous vessels of war, built and equipped by those nations that have heretofore, and do at this time, make component parts of the British navy, answer the question.

Perhaps I shall be told that I have given up the argument, by acknowledging that the three greatest maritime Powers during the last century, by opposing the tyranny of Britain, only increased her power at their own expense and loss. No, Mr. Chairman, I adduced this fact to show that they attacked her in the only point where she was invulnerable; they attacked her wooden walls, raised by her manufactures and supported in part by the plunder of foreign nations; they attacked the effect, let us attack the cause; remove the cause, and the effect will cease. This is not a sentiment peculiar to my weak brain; I believe it to be a sentiment adopted by a great majority of the most enlightened and best informed citizens of the United States. I believe so from verbal communications, and from public prints an extract from one of these I shall now read:

However chimerical this may appear to the eulogists of Britain, who suppose her power invincible, and her resources inexhaustible, they are as certain and inevitable consequences as that water will quench fire, or, that taking away the fuel will cause it to go out. But, suppose Great Britain should, contrary to her interest, refuse to enter into just and amicable arrangements with the United States; should let a non-intercourse law go into operation; should put forth her strength, as we have been told she will do, and make us feel it. What would be the consequence? In my opinion, a horn-book politician, that has only learned his A, B, C, (if he has not learned them in the school of a British Minister,) may discover the certain and inevitable consequence, that as their oppression and injustice to the Colonies produced a partial independence, their continuance therein would complete the system. I say a partial independence, and conceive myself fully authorized in adopting this language, as long as members of Congress hold up an idea that we cannot exist without importing British manufactures; that non-intercourse would injure the United States more than Great Britain, and that if we offend her Minister, he will put forth his strength, and make us feel it.

But, Mr. Chairman, as I desire not to trespass on the patience of this Committee, I will, in a few words, state what appears to me to be the real grounds of opposition to a non-intercourse law, which I consider as the only effectual measure. One member has told us, his tobacco is not sold. Another, that it would sacrifice at least one year's crop; and a third, that it will operate harder upon his constituents than in any other part of the Union. And here I must anticipate the situation of a fourth class, that has not sold their wheat. And another class of citizens, I should have added, to this list of anticipated sufferers, if we had not been informed, from high authority, that they were like slippery eels, that could slip round and evade any law: I mean the merchants, who, doubtless, have on hand large quantities of beef, pork, &c. But, as we are told, they are cool, calculating rogues, and, therefore, well able to help themselves, I shall leave them to manage their own business in their own way, and close the catalogue of sufferers with the case of my immediate constituents in New Jersey; they are, many of them, poor tenants, who depend upon paying

"It is expected, (says the Independent Chronicle,) that, on the meeting of Congress, the important business of national commerce will be adopted, to give protection to our property and seamen; that the British nation will feel the force of our trade, not only within their manufacturing towns, but the islands. We have a strength in this species of warfare, which would command the attention and respect of that nation. Our imports of their fantastical articles of fashion, which only serve to vitiate our habits, and introduce idleness and dissipation among our citizens, are the mainsprings which enable them to enrich themselves at our cost. Let us only cease to barter our national honor for gew-high rents, and supporting their families by rais gaws and articles of foppery, and we might bid defiance to that Power, which now wantonly sports with our sovereignty and independence. The suppression of a cargo of British manufactures would be more powerful than ten sail-of-the-line; for the latter might

ing produce for market, and can only, by steady industry and rigid economy, pay their rents, and support their families. If produce falls one hundred per cent. what must their situation be? Will not they merit at least an equal share of commis

MARCH, 1806.

Non-Importation of Goods from Great Britain.

H. OF R.

eration with rich landholders, who clear, by rais- them, as trifling, and unworthy of notice; and ing tobacco, cotton, or rice, from five to ten, or those resolutions, which other members have infifteen thousand dollars per annum? I hope no troduced, as spurious illegitimate productions, and member on this floor will conclude they do not. their authors and supporters as horn-book politiYet, Mr. Chairman, I am bold to say, on their be- cians, not having learned their A, B, C, and, what half, that, if it depended on their voice, they would is much worse, they never can; being so void of say, pass the law. They would say, as some of reason, that they ought to be put in straighttheir fathers said at the commencement of the waistcoats, and kept in dark rooms. But, one ray Revolutionary war, we will put on our old of comfort, doubtless, strikes every honest mind, clothes, and wear them over again; we will reject in observing, that this number of arrogant dictaher manufactures, and forego the sweets of her tors is small. God grant that they may not barely islands, rather than submit to her insolence, and remain small, but, (if they continue their late the cruelty of her commanders of armed vessels, insolent conduct,) at the next election, be removed. pressing our fellow-citizens in the mouths of our Mr. Chairman, members of this House who freharbors, and, by stripes and cruelty, compelling quently take a retrospective view of the Revolu them to assist in fighting their battles against na- tionary war, whereby the colonies of North Ametions in amity and peace with us! This, I be- rica became free and independent States-who lieve would be their language, and not theirs only, remember the time when the American Army, but a great majority of the citizens of the United reduced to a skeleton, a handful of men, dispirited States. So far am I from believing with my by defeats, and hard pressed by a powerful and friend from Georgia, (Mr. EARLY,) that if all the victorious army crossed the Delaware at Trenton; people of the United States were fully informed and, in addition to the reduced state of the Army, of the conduct of Great Britain, nine-tenths a mortal disorder raged in various parts, which would reject the present resolution; nineteen- caused some to observe, that it appeared as if the twentieths would call upon us to pass a non-in-hand of Providence was turned against us-but, tercourse law, to prohibit trade with that nation, in the sequel, had thankfully to acknowledge, that until she restored our seamen, and entered into not by their own power, but through the mercy arrangements to trade with us in future upon of the Allwise Disposer of Events, this powerful terms of perfect reciprocity. army was turned back again, and, finally, obliged to leave this land, with shame and disgrace! I say, those members will not rise on this floor and assert, that that Government, headed by the same Monarch, is now fighting the battles of liberty, and is the only barrier we have against Gallic tyranny; neither will they pour torrents of abuse upon the Government of that nation which was instrumental in procuring their freedom, and still manifests a friendly disposition to treat our citizens with respect, and our commerce with justice.

A peace neutrality, a non-intercourse law to enforce the resolutions sent by the Senate to our President, will be more efficacious than fifty shipsof-the-line, and one hundred frigates. The voice of a respectable class of citizens, (the merchants,) who more immediately suffer loss of property; the voice of humanity; the sighs of aged parents, lamenting the absence of their beloved offspring; the heart-rending cries of tender females, for the loss of their bosom friends-all supported by the eternal, immutable principles of equal justice, united, call aloud to the Congress of the United States to apply an effectual remedy to this horrid scene of injustice, oppression, and tyranny! God grant that we may no longer turn a deaf ear or treat with indifference these calls.

As I do not intend to impose upon the Committee by frequent communications, I must beg their attention a few minutes longer.

No, Mr. Chairman, I hope and trust there yet remains in this House, and in this nation, a great majority who believe in the existence of a Supreme Omnipotent Power, that not only reigns above, but doth whatsoever he sees meet among the children of men! These will not depend upon the fleets and armies of Great Britain to defend us from Gallic, or other tyranny; these will be concerned to act justly and impartially toward all nations, depending upon the God of justice, truth, and mercy, to bless their honest endeavors, and to preserve them and their constituents from all harm. With this class, however they may be despised by the wise and learned in their own conceit, it is my joy, my comfort, and my glory to act. These I salute as my beloved brethren, and for their encouragement, under the torrents of abuse that they have received, let them remember that the just man's path is a bright and shining light, that shines more and more unto the perfect day, and that all who walk in it walk safe

Mr. Chairman, the confident declamation of a member (Mr. RANDOLPH,) who has taken up the time of the Committee more than three times as long as any other, has brought to my remembrance the language of one, who, in his day, was called the wisest of men, (Solomon :) "Wo to thee, oh land, when thy King is a child." Wo to these United States, if ever that day should arrive when a majority of her Legislature should be children, rocked on downy pillows, dandled in the lap of pleasure, and fed at the table of luxury; whose knowledge is all theoretic, acquired by reading, seated in easy chairs. These are the mushrooms, the fungusses, the premature hot-ly, and have nothing to fear! I shall conclude bed productions, that we have been so often told of; notwithstanding they have had the assurance (may I not more properly say insolence ?) on this floor, to treat the arguments of all who differ from

with recommending to the perusal and attention of those wise and learned members, before alluded to, one verse of that justly celebrated prayer, composed by Alexander Pope:

H. OF R.

Non-Importation of Goods from Great Britain.

"Let not this weak, unknowing hand
Presume thy bolts to throw,

And deal damnation round a land,
On each I judge thy foe."

Mr. J. CLAY.-Several reasons induce me to advocate the resolution on your table, one of the principal of which is, that I believe it to be the best means of vindicating that right which is inherent in us as an independent and neutral nation, the right of freely navigating the ocean in our own ships, and carrying our own property. A view of the subject, in its proper aspect, will enable us to see what that right is, its real and legitimate extent, and, consequently, wherein it has been violated. In taking this view, I shall be led to consider the doctrine of neutral rights in a different light from that in which some gentlemen have taken it. It is much to be regretted that the original ground, of free ships making free goods, has ever been abandoned by us. Had this doctrine been established, an end would have been put to the vexations, and spoliations on neutral commerce, which have been committed under the pretext of covered property. As the neutrality of the ship would have insured the safety of the cargo, no temptation could possibly exist for fraudulent practices-no ground for the accusation. I believe this doctrine is the best supported by reason, and by the considerations of justice due to neutral by belligerent Powers. Nothing is more certain than, that a nation at war has no right to take enemy's property on neutral ground. No nation has ever claimed a right to violate the territory of a friend, in order to seize the property of an enemy; and it appears to me, that a ship, sailing under a neutral flag, ought to be considered in the same light as a part of the territory of the nation to which that flag belongs. The only inquiry which a belligerent is justified in making, is, whether the ship sails under false colors, or not? and this would be sufficiently shown by her papers. I believe this has been conceded by all nations, at least, as far as it respects ships of war. That it has been conceded by Great Britain, appears from the celebrated case of Jonathan Robbins, otherwise called Thomas Nash. By the Treaty of 1794, a person committing murder in the territory of one of the contracting parties, and fleeing to the other, was to be given up to the nation in whose territory the murder was committed. Under that treaty, this person was claimed as one of the mutineers on board the "Hermione," and was surrendered to the British by this Government. He could not have been demanded on a charge of piracy, it must have been on a charge of murder; and nothing can be clearer than that he was surrendered under the idea, that the ship, on board of which the murder had been committed, was British territory. If the act had been merely a piratical one, he could not have been demanded. This nation, as well as that, would have been competent to punish him; all nations having a concurrent jurisdiction over acts of piracy committed on the high seas. He must, therefore, have been demanded and surrendered. under the Treaty of 1794, on the charge of mur

MARCH, 1806.

der, and both nations must have considered the ship as British ground. This, then, I take to be the true and legitimate extent of the claim of a neutral nation that her ships shall be considered as a part of her territory, and, that if no fraud is committed in carrying the flag, they have a perfect right to pass unmolested. But, unfortunately, the right in this full extent, has been abandoned by our nation, and, however we may regret it, we are bound by the surrender.

It has been justly observed by my friend from Virginia, (Mr. J. RANDOLPH.) that the nation who has the mastery of the sea, always finds it her interest to narrow down the rights of neutrals, and, indeed, attempts have been made by different nations totally to cut off all commerce with their enemies. So with Britain. We find, as early as the year 1688, that this was insisted upon by Great Britain. In her treaty with Holland of that year, she agreed to prohibit all trade with France, and it was attempted to be justified upon the same ground as is now set up as a pretext for her present aggressions-the ground of necessity and the inordinate ambition of the French Monarch. This was not submitted to by the neutral Powers. Sweden and other northern nations remonstrated, and their remonstrances were, I believe, successful. In the year 1757, the man who has so often been alluded to by the epithet of " back stairs," the present Earl of Liverpool, wrote a book in vindication of the conduct of Great Britain towards neutral nations, and from it we may gather his sentiments on the treaty just mentioned. After quoting the second and third article of the convention, in which it was agreed that they, (Holland and England,) "would take any ship or vessel, whatever King or State it may belong to, that shall 'be found sailing into. or out of, the ports of France, and condemn both vessel and merchan'dise as legal prize; and, that this resolution should be notified to all neutral States," he proceeds:

"Such, therefore, at this time, was the avowed opinion of Holland, and England was induced to join with her in this convention, exceeding thereby those bounds of equity and moderation which she had almost always practised, in this point, before, and which she will, I hope, most faithfully observe for the future. The Northern Crowns, who were particularly affected by this prohibition, contended very vehemently against it. In answer to their objections, were urged the circumstances strength of that ambitious Power, which, if some exof affairs, the danger of Europe, and the mighty traordinary effort was not made, would bring mankind under its subjection. It is remarkable that Puffendorf, who owed his fortune and employment to one of those Northern Crowns, was of opinion, in this case, against them, and thought that the convention might be justified. It is not meant here, at present, either to censure or commend it. Circumstances may sometimes make a thing lawful, which, considered by itself, would be unjust. But, such times are truly unhappy, when necessity must be pleaded in support of a right.”"

Such was the opinion of the Earl of Liverpool, in the year 1757.

But, after having abandoned the doctrine of free ships making free goods, we must be content with endeavoring to examine what rights remain to

MARCH, 1806.

Non-Importation of Goods from Great Britain.

H. of R.

neutrals. Writers upon national law, who have be necessary to them for their defence. As clear as supported the opposite principle, have attempted this point may be, it has sufficiently appeared by the to show the extent of neutral rights in their com- facts deduced above, that amid the irregularities of merce with the belligerent nations, and the prin- war, the rules of equity in this respect were not alcipal restrictions are, that they cannot carry in time of war, have often most licentiously disturbed, ways enough regarded; and that many Governments, enemy's property, or goods contraband of war. Various definitions of contraband articles have and sometimes prohibited totally, the commerce of been given. As long as the production or fabri-neutral nations with their enemies."-Discourse on the conduct of Great Britain.

cation of warlike stores and arms were in the hands of a few nations, the application of the principle to them might have been just; but when they have become common to almost all nations, they are placed in the same situation as provisions and other articles of commerce, and it has become extremely doubtful whether the reasoning of modern politicians in regard to them is correct, particularly when nations on the eve of war, always provide themselves with sufficient magazines for carrying it on. But, even those who agree in the principle of confiscating contraband articles, find it difficult to regulate its extent. At one time, it is so restricted as to exclude from the list even naval stores and saltpetre; at another, it is carried to a ridiculous extent. Spain, at one time, undertook to define the list of contraband, and declared that tobacco should be included. This became a ground of offence to England, and Bynkershoek, who mentions the fact on the authority of Zouch, says, that the English, on this occasion, granted letters of reprisal against the Spaniards. The grave Dutchman then condescends to be jocose, and observes, "whether this controversy about tobacco ended in smoke or no, Iam ignorant. This, however, I know, that I 'do not agree with the Spaniard in opinion, as no use was ever made of tobacco to kill an enemy." Now, when the doctrine of contraband may be carried to such dangerous, and even ludicrous lengths, does it not appear proper to abandon it altogether?

I

But recurring to the same authority to which have already referred, we shall find what Great Britain herself understood to be the right of neutrals in the year 1757:

Here is no mention of accustomed trade. En

emy's property and contraband goods alone are mentioned as forbidden to be carried by the neutral. If a man had written a treatise in

defence of American commerce he could not have been more explicit; he could not now have taken a different ground. We claim the right of carrying our own property-the products of our own industry and enterprise-to the ports of France, Spain, and Holland, in our own ships, and of importing goods from the belligerent Powers into our own country. This is all for which we contend. We send money to the East Indies and provisions to the West Indies, and we receive in return their coffee and sugar, which yields us a profit, and of which we obtain greater quantities than are required for our own consumption. What then? Are the United States bound to keep on hand the whole surplus? If so, we must abandon the trade altogether, for the accumulation would destroy it. No. These goods once landed become part of the stock of the nation, and she acquires the same right to export them to foreign countries, that she has to export her native productions. She has the same right to send them to Hamburg, to Holland, to France, and to Spain. When this is done another profit is obtained by our merchants, who import from Spain, France, and Holland, certain articles which, on their arrival in the United States, are found to be beyond our wants, or better suited to other markets, and are again exported. Are we to be deprived of this right too?

Here I might incidentally notice the impressment of our seamen, but as this subject has been "It cannot, I think, be doubted, that according to dilated upon very fully, I shall make but a sinthose principles of natural equity, which constitute gle remark. Although we have given up the the law of nations, the people of every country must doctrine that the national flag shall protect belalways have a right to trade in general to the ports of ligerent property on board of our ships, yet no any State, though it may happen to be engaged in war man will contend that this relinquishment has with another, provided it be in their own merchan- gone so far as to admit the cruisers of a nation at dise, or on their own account, and that under this pre-war to take from our ships the goods, much less tence they do not attempt to screen from one party the persons of friends. And in a case where we the effects of the other, and on condition also that they find a British officer uniting in himself the charcarry not to either of them any implements of war, or acters of party, accuser, and judge, I do think the whatever else, according to the nature of their respect-national feelings ought to be called forth. Having ive situations, or the circumstances of the case, may

"De tabaco magnis animis inter Hispanos et Anglos quæ si tum esse refert Zoucheus, (part 2, de jure fec., Sec. 8, Q. 12,) et ab Hispanis, judicatum inter res veritas esse, adeo propterea indignantibus Anglis, ut etiam contra Hispanos repressalias, concesserint. Sed an ea controversia de tabaco tandem in fumam abierit, nescio; hoc scio me Hispanis non conscentire, quia verum est tabaci nullum usum esse ad cædendum hostem."-Bynkershoek, Quæst. juris publice, Lib. I. Cap. X.

thus, as I think, succinctly stated the right to carry our own property in our own ships, I hope I shall be indulged in making a few remarks on the advantage to the nation of that species of trade most affected by the principle assumed by the British Government.

A distinction has been attempted to be drawn between the agricultural and commercial interests of the community. But it has been conceded, that if by this trade the national wealth has been increased, it is as much entitled to protec

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Non-Importation of Goods from Great Britain.

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calculate upon two voyages a year, this would be £8 sterling per ton; but supposing only half the shipping to be employed, and reckoning at this old peace average, the amount of freight would be upwards of eleven millions of dollars; seamen's wages may perhaps be not inaccurately estimated at about three millions of dollars, deducting which, it will be found on this moderate calculation that there is an annual benefit drawn from this freight-trade of eight millions of dollars. I ask, then, if this trade is not worth pro

tion as the profit which springs from the produc-average rate, if we reckon it at as much out, and tions of the soil. If it were possible to confine our commerce to the exportation of the surplus of our agricultural products, and to the introduction of those foreign articles of which we are in want, there is no man but would agree that it would be advantageous to carry on this trade by our own merchants, and in our own ships, as both the freight and the profit would be saved to the national stock. For instance, cotton, on which the average profit may be stated on every pound exported at not less than two and a half cents, and the freight at three cents. If, therefore, the car-tecting? I might further show the advantage of riage of this article is made in our own ships, we save on every pound of cotton exported five and a half cents, which, if transported by foreign merchants in foreign vessels, would go into the pockets of foreigners. The same thing may be said with regard to the importation of foreign commodities from foreign countries. There can, therefore, be no difference of opinion respecting the advantages of this, which may be called the direct carrying trade.

this trade to the agricultural interest, by stating that the increase of capital from the profits of it enables the merchant to give a higher price for the productions of the planter and farmer. The next question is, whether the course contemplated by the resolution will be adequate to procure a redress of the injuries of which we complain. In every discussion of this kind the first consideration is whether the measure which we are about to adopt will be the most distressing We now come to the second branch of the car- to ourselves or to our adversary, and the second, rying trade, which has been so much reprobated; whether it will be such as to induce the Power this consists in importing foreign products, and injuring us to desist from her aggressions. I gave re-exporting the surplus of those products be- my reasons on a former occasion for believing yond our own consumption. This may be called that a total prohibition of British goods will not the circuitous branch of it. Independent of the answer our purpose; I believe, however, the meaprofit of this trade to the merchant, there are sure now proposed will. By the report of the other advantages arising from it to the consumer. Secretary of the Treasury, it appears that in the Where there is a fair competition in the market, trade between this country and Great Britain an importation of any article much beyond the there is a balance in her favor of twelve millions wants of the people, naturally tends to reduce the of dollars per annum. There are some considprice, even although it should be intended to ex-erations which induce me to think this estimate port the excess. For if the importer can get a overrated. All goods paying ad valorem duties reasonable profit, he will prefer selling at home to imported from the East Indies are estimated at encountering the perils of the sea, and the uncer- the custom-house by adding twenty per cent. to tainties of a foreign market. A surplus of im- their original cost, and those imported from Euported productions, therefore, is a circumstance rope by adding 10 per cent. on the invoice price; which naturally brings them down to their min-deducting this advance from the amount of goods imum value. This is the first advantage, and is paying duties ad valorem, imported from British sensibly felt by the planter. The second arises dominions, and the sum will be diminished two from the peculiarity of our own situation. Most or three millions. The true balance of trade of the manufactures which we want are imported carried on in our own ships is best shown by the from England; the proceeds of our exports to difference between the amount of goods imported other countries of Europe are ordered to Great at the cost at the places from which they are Britain, and there constitute a fund from which brought, and the amount of products exported at the importing merchant pays debts due there. the places to which they are carried; and the In proportion to the accumulation of this fund, freight always constituting a part of the price, a the price of exchange falls, and the merchant is trade may be advantageous to a nation merely by enabled to import more with the same capital; saving the carriage. But the profit ought at the quantity imported will exceed the demand least to be taken into view. I may be incorrect, here, and those manufactures will again be kept but I believe not much, in supposing the profit on at their minimum value. These are the advan-cotton exported to Great Britain to be two cents tages to the consumer, and are but slightly connected with the mercantile profit on the trade. But there is an advantage independent of mere profit, which I have hinted at, but which has not been noticed in this debate-I mean the freight. From a statement on your table it appears, that in the foreign trade, six hundred and seventy thousand tons of American shipping are annually employed. The price of freight in time of peace from Great Britain to America might be estimated at £2 sterling per ton. Taking this as an

a pound, it would amount, upon an average of three years, to half a million of dollars per annum. This ought also to be deducted from the balance as reported by the Secretary. In this way the relative difference between the amount of exports and imports to and from the British dominions is materially diminished; and after this calculation I believe it will be found that this difference does not exceed ten millions of dollars. This excess of imports over exports must be made up from our trade to other countries-from our

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