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section, for the purpose of lessening the burden of the oath required of the fishermen, and negatived by large majorities.

Mr. BACON moved that the bill be recommitted to the Committee of Commerce and Manufac

tures.

Mr. ALSTON said, when the bill was on its third reading, it might be recommitted, if good reason

could then be shown.

Mr. QUINCY protested against this mode of legislation without intelligence; he had listened with attention, and could not precisely comprehend the whole extent of the operations of the bill. Mr. ALSTON, in reply, observed that the gentleman had so often protested against this mode of legislation, and he had seen it had so little effect on the nation or the House, that he was surprised he should persist in it.

Mr. GARDENIER.-I shall vote in favor of the motion to commit; but not for precisely the same reasons which have been urged; but, as I apprehend, for reasons more powerful. It has struck me, sir, that the more we legislate on this subject, the worse we legislate-the more we legislate, the more we legislate to the destruction of the country. Why we passed the embargo law itself, I have been always unable to tell. Why we have passed the subsequent laws for the purpose of rendering the original evil more perfect and more universal, God only knows. It does appear to me, şir, that we are led on, step by step, but by an unseen hand. We are urged forward by a sort of spell, to the ruin of our country. Under the name of an embargo we are in truth and in fact passing non-intercourse laws. Under the beguiling form of a bill supplemental to the embargo law, a law which prohibited the departure of vessels from your ports and harbors, you are about to prohibit all intercourse by land with any of the circumjacent territories of foreign nations. Between the original measure and this, there is no connexion: the principle of the one is totally different from the other. Nay, sir, this bill is totally at variance with the President's embargo Message. [Mr. GARDENIER here read from the President's Message of December 21, 1807:]

"The communications now made, showing the great and increasing dangers with which our vessels, our seamen, and merchandise, are threatened on the high seas, and elsewhere, from the belligerent Powers of Europe; and it being of the greatest importance to keep in safety these essential resources, I deem it my duty to recommend the subject to the consideration of Congress, who will doubtless perceive all the advantage which may be expected from an inhibition of the departure of our vessels from the ports of the United

H. OF R.

sat day after day and night after night. I cannot, therefore, possessing now the same opinions which governed me then, opposed as I still am to the existence of the embargo act, I cannot consent to go on, for the purpose of extending the operation of the evil more widely, for the purpose of making that worse which is already too bad. But this is different from our embargo law. It is a non-intercourse bill. The more the original measure developes itself, the more I am satisfied that my first view of it was correct; that it was a sly, cunning measure. That its real object was not merely to prevent our vessels from going out, but to effect a non-intercourse. Are the nation prepared for this? If you wish to try whether they are, tell them at once what is your objecttell them what you mean-tell them you mean to take part with the Grand Pacificator; or else stop your present course. Do not go on forging chains to fasten us to the car of the Imperial Conqueror. [Here Mr. SMILIE, Mr. G. W. CAMPBELL, and Mr. MONTGOMERY, and several others, rose together, some calling to order, and others hoping the gentleman might proceed.]

The SPEAKER hoped the gentleman would keep within the rules of propriety.

Mr. GARDENIER hoped the Speaker would keep order in the House, (three gentlemen were still standing) for, said Mr. G., it is impossible for me, sir, to speak and keep order in the House at the same time. [The confusion having ceased, Mr. GARDENIER proceeded.] If the gentlemen have composed themselves, and are in a condition to hear, I will proceed. I wish first, however, to put them at ease on one point. They are not of sufficient importance to have been the objects at whom I would level anything. I assure the gentlemen I did not mean them.]

This, sir, whatever name or complexion it may bear, is in fact a non-intercourse bill. The measure it proposes can be of no possible benefit to us. It has nothing in it to render palatable the distress it must bring on a very considerable portion of our citizens. I object particularly against the fourth section. It forbids the exportation of our produce by land, in which mode there is no danger of capture. When we passed the embargo act, it was not done with a view to stop trade, but was professed to be done with a view to keep safe our resources. The stopping of trade by water was not the object, however it may have been the inevitable consequence of the embargo. It was an evil necessarily resulting from it. The majority were willing to endure this evil, in consideration of the eventual good which would result from keeping (as the President_expresses it) in safety our essential resources. But as one mad To prevent our ships and vessels from leaving measure usually begets more, so, in the present their ports, for the purpose of preserving them as instance, it has happened, that the original object resources to meet a state of war, if that should of the embargo, ruinous as it was, is abandoned, ultimately come, was all that the President pro-and gentlemen seemed to vie with each other in fessed to have in view, all that he wished us to do, at least, at that time. And I state it to the everlasting honor of the minority on that occasion as long as I live I shall be proud of the share I had in that honor-that to resist even that law we

States."

their endeavors to render our situation in every respect intolerable. I ask the intelligent and candid men of this House, whether to prevent the farmers of Vermont from selling their pigs in Canada is calculated to increase or diminish our

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essential resources? Whether the object which the President professed to have in view is counteracted by a traffic of this kind. No, sir. It is not only in direct hostility to the interests of the country, but what some gentlemen will probably regard quite as much, to the wishes of the President. I repeat it; the objects of the bill, particularly of the fourth section, and of the embargo, are totally distinct.

Instead of measures of this description; instead of fettering commerce; instead of putting their ingenuity to the rack, in devising means to paralyze completely all the commercial activity of the country, I should have been happy to have perceived in the gentlemen who manage matters in this House, I should have been glad to have perceived in the Administration, a disposition to encourage as much commercial activity as could be possibly consistent with the professed object of the President-the safe keeping of our resources. I should have been happy to have found them content with the ruin and distress their darling project had already produced, without aiming at the utter, the total stagnation of all the commercial powers of the political body. But, unhappily, instead of ameliorating, we go on to make worse and worse the condition of our devoted country. Suppose Vermont should send some of her produce to Canada; or Georgia to the Floridas; in what are the interests of the rest of the Union to suffer by it? Or are we to go on passing these laws, zealous in our exertions to make bad worse, upon the principle, which some gentlemen in this House have very gravely advanced, that we ought to make the public suffering as equal (in other words) as universal as possible-to extend it to every nook and corner of the Union; that no portion, no section however remote, however secluded, should escape from taking its due proportion of the bitter draught; none, which the fatal gangrene should not reach? If we are running mad, sir, we have at least this consolation; we have "method in our madness."

FEBRUARY, 1808.

safety. But, at any rate, is it wise to hazard everything upon the experiment? for at best it is but an experiment. If it shall be proved ultimately to have been a good measure, it will also prove to have been strong enough to produce good enough to satisfy every rational theorist. If a bad one, it will have produced calamity enough, full as much as our poor country can stagger under.

I have in view no object but my country's good, and when I see it threatened on every side, it is my duty to speak out, boldly and earnestly, to this House and to this nation. And I will again entreat gentlemen to reflect whether the continual extension of the non-intercourse system, is calculated to make us better prepared to engage in a war either with France or Great Britain. For, upon that ground, was the original measure of the embargo demanded by the President; upon that ground only could it be even plausibly defended. Sir, it is high time to stop. We have done enough.

If it is wise to contrive that every part of the country should suffer, if this strange notion be indeed good policy, I could wish gentlemen would, instead of bolting at me in the fulness of their rage, endeavor to satisfy my poor understanding by cool reasoning that they are right. That they would show me how this measure will prepare us for war-how the weakening, by distressing every part of the country, is to increase its strength and its vigor. No. I cannot be deceived in the view I have taken of this measure, and I will not cease to protest against it with all the energies of which I am possessed.

I am grieved to see that we are perpetually engaged in making additions and supplements to the embargo law. Wherever we can espy a hole, if it be no bigger than a wheat straw, at which the industry and enterprise of our country can find vent, all our powers are called into requisition to stop it up. The people of this country shall sell nothing but what they sell to each other. All our surplus produce shall rot on our hands. God knows what all this means! I, sir, I cannot

astonished and dismayed. I see effects; but I can trace them to no cause. Yes, sir, I do fear that there is an unseen hand, which is guiding us to the most dreadful destinies-unseen, because it cannot endure the light. Darkness and mystery overshadow this House and this whole nation. We know nothing, we are permitted to know nothing. We sit here as mere automata ; we legislate without knowing, nay, sir, without wishing to know, why or wherefore. We are told what we are to do, and the Council of Five Hundred do it. We move, but why or wherefore, no man knows; we are put in motion, but how, I for one cannot tell.

It is strange, it astonishes me, that by an embargo, we should be led to the measures contem-understand it. I am astonished-indeed I am plated in this bill. Because you wish to preserve your vessels and seamen, those essential resources, in your seaports, you are, therefore, to prohibit all trafficking across your territorial lines; though it is evident that by permitting it, your citizens, of course your country, will be benefited. Sir, I cannot express my amazement at the dreadful infatuation which pervades the public councils. I conjure the members of this assembly to cease for a moment their exertions-I conjure them to sheath the destroying sword; in the name of our suffering country I entreat them to save it from these new and accumulating evils. The great object of your President is secured. Leave a little to your distressed people. Do not, I implore you, permit yourself to be persuaded that the public interest cannot be subserved unless everybody is destroyed.

I doubt whether experience has proved that the original law was for the public interest. Hitherto our ships might have navigated the ocean in

Sir, the gentlemen of this House with whom I have the honor to act, and a distinguished honor I consider it, are disposed to do all that men can' do for their country. But we wish to know what we are doing-the tendency of the measures we are called upon to adopt. If the motives and the principles of the Administration are honest and

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FEBRUARY, 1808.

Captain Pike.

H. OF R.

ject. Since an embargo had been laid, he was willing to render it effectual, and equalize its operation. He then gave some reasons why the bill should be recommitted.

Mr. RHEA, of Tennessee, moved to adjourn; negatived-55 to 25.

Mr. LIVERMORE said he had seconded the motion for recommitment, because he thought the bill required revision. There had been exceptions taken to several parts of it; were gentlemen ready to go into a discussion of them at this late hour, and this late day in the week? He thought not; and, for this reason, wished them to be examined by the committee.

patriotic, we would support them with a fervor which none could surpass. But, sir, we are kept in total darkness. We are treated as the enemies of our country. We are permitted to know nothing, and execrated because we do not approve of measures the origin and tendency of which are carefully concealed from us! We are denounced because we have no confidence in the Executive, at the moment the Executive refuses to discover to us-even this House, nay, sir, this nation, its actual condition. Like the Israelites in Egypt, we are to make brick and find our own straw. We are to have faith, and find out our own reasons for it. This course will do in this country no longer. [The SPEAKER called Mr. G. to order. Mr. AL- Mr. J. MONTGOMERY.—Now, at this late hour, STON wished the gentleman might be permitted charges of a very serious nature against the to proceed.] Mr. GARDENIER.-I do not desire House have been made on this floor by a gentlepermission of that gentleman. I shall permit man from New York. Not on this day are they myself to proceed. I have wandered, sir, through made for the first time; they have been sent a wide field I confess. I return to this bill. I abroad in the public prints. It is important to wish to soften its asperities-to make its operation know how those charges originated. At this late more mild. Particularly to have the fourth sec-hour they cannot be repelled. Let us pursue this tion expunged. I will, therefore, vote for its commitment.

Mr. BACON.-I hope the House will do me the justice to believe that there was no concurrence of views or unity of design in the simple motion which I had the honor to submit to the House for the commitment of the present bill, and the most extraordinary rhapsody of "melancholy madness," (for I can call it by no other name,) which we have just heard from the gentleman from New York. In order, however, to prevent any more of those undue advantages being taken, to insult the House, by the means of that motion, and, in order that I may not be deemed accessory to any more of those effusions of the pride which the gentleman says he cherishes, in relation to his public character and his conduct on this occasion (and for which, if he does in reality entertain them, I most sincerely pity him,) I rise to withdraw the motion, which I had submitted for a very different purpose than that for which it has been improved. If that gentleman or his friends are ambitious that he should have any further opportunity for displaying himself in that way before the public, either he or they are welcome to renew it. I wash my hands of any further participation

in it.

Mr. D. R. WILLIAMS.-I do renew the motion; and I hope there is yet sobriety enough in the House, not to suffer themselves to be driven into an improper measure by any intemperance which any member may have displayed. Mr. W. then gave some reasons why the bill should be recommitted; it had been so repeatedly and variously amended that it could not be understood. As a further reason for commitment, he said, that the chairman of the committee himself had offered a proviso, and, upon a reconsideration of it, had found it had not the operation he intended.

Mr. DANA said, although not partial to the measure of laying an embargo, he should endeavor to legislate effectually, to propose amendments or to object to them to any bill whatever which should be necessary to carry into effect the general ob

course on this awful business; let the question be carried over; let the House now adjourn. At our next meeting let us take up, and, if those charges can be proven, if we are indeed so abandoned, so profligate, so destitute of patriotism, so dead to everything which concerns the interest of our country, let us be stamped with infamy, and sent home to our constituents. The crisis is serious, and calls for the attentive deliberation of the House. Let the gentleman from New York establish his charges; if he does so, I, for one, will say, those persons, under this secret influence, must be immediately expelled the House. If he does not, some other course may be taken with relation to that gentleman.

On motion, the House then adjourned.

MONDAY, February 22.

Mr. BOYLE, from the Committee on Public Lands, reported a bill to direct the mode of surveying land in the Orleans Territory, and for which was twice read, and referred to a Commitgranting rights of pre-emption in certain cases; tee of the Whole.

On motion of Mr. M. CLAY, the House went into a Committee of the Whole on the bill for classing the militia of the United States. The motion for striking out the first section being yet under consideration, Messrs. ROWAN and LIVERMORE supported, and Mr. NICHOLAS opposed the motion for striking out the first section; when the Committee rose, reported progress, and obtained leave to sit again.

CAPTAIN PIKE.

Mr. J. MONTGOMERY observed, that to Captains Lewis and Clarke, who had explored the Western country, a compensation had been made; he held in his hand a similar resolution for remunerating Captain Pike for the important services he had rendered on an almost similar expedition, which he proposed, as follows:

Resolved, That a committee be appointed to inquire what compensation ought to be made to Captain Pike

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and his companions for their services in exploring the Mississippi river, and in their late expedition to the sources of the Osage, Arkansas, and La Platte rivers, together with their tour through New Spain; and that they have leave to report by bill or otherwise.

Mr. MARION objected to the phraseology of the resolution, as sanctioning a general principle, to which he was not prepared to assent. The resolution did not go to inquire if any compensation, but what compensation, should be given; thus taking for granted that some remuneration should be made. Mr. M. wished it to be so modified as to inquire if any, and, if any, what," compensation should be granted..

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Mr. MONTGOMERY acceding to this alteration, the resolution was adopted.

Messrs. J. MONTGOMERY, D. MONTGOMERY, ROWAN, L. J. ALSTON, and HUMPHRIES, form the committee.

FEBRUARY, 1808.

tion of this subject, he was told it might be necessary to make a certain appropriation to explore certain waters, and was told that Captain Pike was then engaged in it under the orders of the Government.

THE EMBARGO.

The House resumed the consideration of the bill amendatory of the embargo law; and the motion for recommitment being yet, before the House

Mr. JOHNSON observed that it had been late in the day on Saturday when a gentleman from New York. in giving some of his reasons why this bill should be committed, had made use of observations which he had at that time wished to repel; that he hoped he should be excused a few moments this morning, in expressing to the House his sentiments of the course of that discussion, and what should always be his conduct so long as he held a seat in the councils of his country.

Mr. ROWAN said he had been absent when a resolution was this morning adopted for inquiring if any, and what, compensation should be render- I presume, said he, that the rules which govern ed to Captain Pike for his services on an expedi- this House are reciprocal; and, though I cannot tion into the Western country. It was in his feel myself justified in making an attack on any power to give some information on the subject. He member, without reasons by which to substantiate had some time ago received a letter from Orleans charges which I may make against them, yet I that a Mr. Joseph Ballenger, a friend of Burr, had will abandon my seat at that moment in which I returned from an expedition with Captain Pike, am not permitted to repel any attacks made on and was incensed at Wilkinson for blowing up the House, in which I am, in common with the the expedition, as he had engaged two or three rest, included. I represent a portion of the citinations of Indians to join Colonel Burr. I have, zens of the United States. Before they sent me said Mr. R., since that spoken to Colonel Ballen- here they knew my sentiments; I had not conger, a brother of this person, who informed me cealed them. I have, since I have been here, on that his brother had been sent by Wilkinson for all occasions voted from a sense of duty, and upon the purpose of promoting the project. Colonel evidence derived from sources accessible to all. Ballenger is a man of truth, and entitled to credit. I am a friend to liberal discussion and freedom of The Mr. Ballenger, the brother of the gentleman debate; but I am an enemy to insinuations unjust mentioned, is in Kentucky, and his evidence founded and attacks unprovoked. I know that, in could be had. If this is the case, and Mr. Pike the ardor of debate, expressions may have escapis privy to this confederacy, he ought not to re-ed the lips of myself or any gentleman; I may ceive compensation. In obedience to my duty, and from no other motive, I have given this information to the House, which the Speaker may communicate to the committee, or take such further order as he pleases.

The SPEAKER said the gentleman might communicate it to the committee appointed if he thought proper; or it could be reduced to writing and referred to the committee.

Mr. J. MONTGOMERY said that, from his own knowledge, he could state that Captain Pike's expedition was for a very different purpose. It was commenced, continued, and concluded, under the orders of the Government, and the report of the expedition was made to the Secretary of War.

have been betrayed into a hurried expression, in which, perhaps, upon retrospection, I might not feel myself justified, but from the ardor of debate. But a direct charge, against any members on this floor, tending to put them in a degraded and infamous view, is contrary to honorable conduct, and cannot be excused, much less can it be justified. I have differed in opinion with gentlemen on this floor; and, notwithstanding this difference, I respect them individually, so far as I am acquainted with them, and so far as they have treated me with that politeness due from one gentleman to another. I should consider myself as derogating from the dignity of a Representative, were I to level a reflection against any member, because he differed from me in political sentiment. what expressions have we heard, on a subject on which they were not applicable, when every one of all parties seemed to join to render the embargo effectual, as a national measure should be! To this House, and to those who vote for the measure, have been applied the observations, that an Mr. W. ALSTON said it would be recollected invisible hand guided us; that we we were told that he was chairman of the committee appoint- what was wanting, and that the Council of Five ed to inquire what compensation should be made Hundred voted it; that we are governed by forto Captains Lewis and Clarke. On the investiga-eign influence; that our steps are marked by folly

Mr. ROWAN begged to be understood that he knew Captain Pike, respected him, and would not wish unnecessarily to wound his feelings. He was willing to discard any idea he might have formed, upon proper information to refute it. He had no desire to appear before a committee as an informer or prosecutor.

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and madness; that we are forging chains to bind us to the triumphal car of the French Emperor; that we are mere automatons; that we wait for the word of command, and we obey. Expressions of this kind, I never expected to hear on this floor. Such expressions, I never expected to hear from the Representative of a free people; and I pronounce them derogatory to the Republican character, and highly reprehensible. If by such expressions the gentleman means to charge me, or if any man shall say that I am governed by any other impulse than duty, or influenced by any other motives than my own, I say that I consider it a base and unprincipled calumny. And what I have said, I am glad I did not say until this morning, because it is now deliberately done. A member may say what he pleases with respect to himself; that he is governed by such or such influence. But, when a charge is made that I am governed by any other impulse than that of an American, and that I am a tool to others, I pronounce it a slander. Under this impression, I make this reply. And I would be understood that, if any one considers himself injured, or the resentment of any gentleman is awakened by anything which I have said, that I do not consider myself as shielded by the splendid walls which surround me, nor by the privileges of a member. What I have said, I shall not retract.

H. OF R.

Our commerce would have been swept from the ocean, and scarce a vessel left; and therefore a system was adopted to retain the property of the United States at home, and preserve it from capture on the ocean. Did the gentleman contemplate that there were already about three thousand of our own seafaring men on board vessels of foreign Powers? Did he reflect on the frequent seizures by the belligerent Powers, and that they dealt wide destruction to the commerce spread over the ocean? Had he contemplated these things the House would surely not have been so assailed. To the assertion that they had been legislating against the interest of the nation, what did the people themselves say? The embargo was generally approved throughout the United States, except by a few persons, probably holding the same political opinions with the gentleman from New York. From the East to the Southwest, and from the Atlantic to the Ohio, the measure had been approved. With what confidence and assurance then could the gentleman say that they were legislating against the interest of the nation, or how could a gentleman permit himself to depart so far from facts as to make these assertions?

is the only hand that I acknowledge, and if it is the same which the gentleman meant, I will agree with him. But if he means that we are under any other influence than such as is dictated by the honor of our country, I do positively and unequivocally deny the truth of his assertion. When a nation does an act at which no other nation on earth can justly take offence, and that act is approved by the people, it appears strange that it should be said by any one that it was favoring the designs of any nation in Europe. This nation fears not the designs of any nation in Europe; neither has it a partiality for any one. This being the case, how can it be said that the carrying this act into effect is aiding or abetting the designs of any foreign Power? I shall always agree to assert the honor and dignity of my own country. I shall never make assertions that it is under the influence of a foreign Power; and before any gentleman makes such assertions he ought to have facts to confirm us in the belief. Unless strong reasoning or proof can be adduced in support of his assertions, he has descended to a gulf from which it will be difficult to extricate himself.

The gentleman had said they were guided by an unseen hand. In saying this, according to my interpretation of it, said Mr. R., he said more than Mr. RHEA said he should not vote for reference; he intended. I refer to that mighty Being who for if the bill should be committed to the Com-raises and depresses nations when he pleases. This mittee of Commerce and Manufactures, and afterwards be referred to a Committee of the Whole, it would unnecessarily occupy time, when it could as well be understood by being printed. It was with no pleasure to himself that he sat out to take any notice of a most extraordinary address from a gentleman from New York on Saturday last; and it gave him pain that any gentleman should so far depart from the politeness which should characterize every one, as to have used such language as was then heard. The gentlemen could not have intended to enlighten the House; for his whole speech was unconnected-consisted of no chain of reasoning, but of assertions of a most extraordinary nature, and those not bottomed upon fact. In the course of that extraordinary speech, we were told that we were legislating against the interest of the nation-applying the observation particularly to the laws respecting the embargo. The gentleman had made many observations on the embargo, and among others, as Mr. R. understood him, that the minority on that question, to their eternal honor, had opposed the system. There were many gentleman in the minority on that occasion, who supported this bill, and would It has been said that this embargo is a sly and far from accord in their views with that gentleman cunning deception, or a non-intercourse law. It In expressing his opposition to the embargo, has the same operation which every similar act did the gentleman for a moment take into view has heretofore had. So long as we can support the present state of things in Europe; the decrees a neutrality, so long will I do any act which conof blockade adopted by those mighty Powers induces to it; and if anything can support it, it is their attempts to destroy each other? If the gentleman's mind had for a moment expanded, he would not have permitted such expressions to escape his lips. For if the embargo law had not passed, what would have been the consequence?

the embargo, by preventing those conflicts which would take place on the ocean between the armed merchant vessels of the United States and the armed vessels of the maritime Powers.

But it appears the gentleman has taken great

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