oppose, even in its incipient state, every measure which may be hostile to the rights, or dangerous to the interests of my country, lest, by not seeming to oppose, my conduct should be construed into an encouragement of such a measure.

For what purpose, sir, let me ask, have we adopted the resolution preceding this? Was it for the purpose of destroying the Government? Was it that the members of that Army should sheath their swords in the bowels of the liberties of their country? Who will impute to this body so disgraceful a motive? Are you about to raise a standing army, not for the purpose of making preparations for war, but with a view of intimidating Great Britain to recede from her unjust infractions of our neutral rights? Do not think that she will be intimidated by any preparations which you can make, however formidable they may be. She knows, too well, your conduct heretofore, to believe you are in earnest. She knows that, many years ago, you resolved to resist, but that this honorable determination terminated in an empty resolution. She knows, too well, that you have been, heretofore, prodigal in words, and parsimonious in spirited action. I do not set myself up for a prophet; but, mark me, if it be not true, that Great Britain will not do you justice till you carry the war out of this hall into the heart of her colonial territories.

Under the firmest conviction, then, as I am. that war between the United States and Great Britain-if we have any respect for our honor as a nation-will be an event of inevitable consequence, I have in vain searched for the reasons which would induce us to authorize our merchant vessels to arm against all unlawful molestations on the high seas. As the resolution is, in its nature, general, every man must see, on the contrary, the dangers necessarily attendant upon the adoption of such a measure. You are now on the very verge of war, and you should, there fore, be careful not to multiply your enemies. You may, by passing this resolution, make France your enemy. You may enlist Denmark and other Powers of Europe against you. This is an event which would be deeply deprecated; and, that it should happen, is nothing improbable; for your merchants, armed as they will be, in defence of their commerce, may select the nation who is to be your enemy. If they are molested in their commerce, whether lawful or unlawful, they will be disposed to resist. At any rate, they will be the judges of the juncture when their interests may call for the interposition of force, and will exercise that force according to their own whims and caprices. They sail on the ocean clothed with national authority, and for their actions, whether lawful or unlawful, you will be compelled to answer. Sir, I respect the highly honorable occupation of a merchant, but am not disposed to carry that respect so far as to give my sanction to the adoption of a measure which may jeopardize the peace, and endanger the interests of my country. If this resolution were to authorize an arming against Great Britain alone, this argument would have no effect; but as it has a view to a

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general arming against all nations, this reasoning is conclusive on my mind, and must operate in the same way upon all men who will give the subject a dispassionate consideration. The consequences of such a measure are plain and obvious. Now, let us examine whether there exists any reason sufficiently powerful to outweigh these considerations.

What is the object, and the only one too, as stated by the honorable chairman of the Committee of Foreign Relations, (Mr. PORTER,) for the adoption of this measure? Your vessels will be armed and prepared for privateering the moment war shall be declared. Why, sir, do you think the merchants will believe that you really intend to go to war? And, if they doubt upon this subject, do you suppose they will be so regardless of their own interests as to expend their capital in fitting out privateers, when no absolute certainty exists that war is your object, or your serious intention? It would, certainly, be an object of no inconsiderable moment to have privateers prepared to harass and disturb the commerce of Great Britain in the event of war. If this be your object, you are taking a very improper course to obtain it. If such be your object, take some decided and energetic step which will convince even the incredulous that you will resort to the sword to obtain justice, and your end will soon be effected. But, do not depress the hopes of the nation by sanctioning this tame, imbecile, and temporizing system.

What is the spirit that breathes in the five resolutions which have been adopted-resolutions which were in entire accordance with my feelings? Is it not a spirit of war? Do they not bear a hostile aspect? Are they not calculated to induce Great Britain to believe that forbearance on our part has terminated, and that we are resolved, unless she speedily extend to us full and ample justice, to decide the contest by the sword? Have you anything to hope, by operating upon the minds of the rulers of that nation, a conviction that you are boasting no longer? If you do entertain such a hope, I pray you, do not adopt this measure-a measure which will show her the fluctuation of our opinions, and the repugnancy of our plans; a measure which will lull to sleep her fears of war, and convince her not only of your indecision, but of your timidity to unsheath your sword in defence of rights clear and undisputed, and in avenging injuries too glaring for the dignity and honor of a nation to submit to.

Are the wishes of this nation to be unattended 'to? Ought we not to relieve its anxieties? Or, are we to tantalize their hopes with energy in one law and imbecility in another? Are the merchants to be told we will protect their commerce? By what? By granting them a right which nature has already given to them? Is commerce to be protected by abridging the natural rights of the people?_Is_this measure no abridgement of their rights? Does it not confine the legality of arming to resident citizens alone? Look at the measure as you please, it is a dead letter. Is this the period of

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all others to be selected to incorporate unmeaning laws in the body of your statute book? Do not satirize, by such an act, the manly sensibility of the people. Do not paralyze the national arm. No; let us do justice to the nation by the adoption of such measures as will renovate the depressed spirits of our constituents; which will prevent them from falling into that destructive and deadly languor which this resolution is calculated to produce.

DECEMBER, 1811.

offered to you a few of the reasons which operate upon my mind, and which will induce me to vote against the resolution. I have done so to prevent a misconstruction of my motives, and that my reasons may go with my vote to my constituents. I should have placed my views in a clearer light upon this subject to the House, but the embarrassments inseparable from one who is unaccustomed to address deliberative assemblies, have prevented me from doing to the subject that justice which

follows: The question was now taken, and decided as

measure.

Instead, sir, of this resolution, I seriously think that policy dictates to us to lay an embargo on our vessels for a limited time. Not an embargo of coercion on foreign Powers, but an embargo for the preservation of our property which is now afloat on the surface of the ocean. It would prevent those innumerable bankruptcies which would be immediately consequent on a declaration of war in all your mercantile towns; bankruptcies which are not only injurious to the bankrupts themselves, but deadly to the resources of the nation, for the wealth of a nation should always be graduated by the wealth of its citizens. Your merchants are now sailing in every sea with the productions of your soil. We shall have to contend with the most formidable naval Power in the world, and the moment war is declared your commerce will be swept from the surface of the deep. We should gather in our merchant ships. We should, in truth, sir, act like provident husbandmen. Let us, therefore, go into our unprotected fields, cut down our harvest, and remove it to places of security, that our enemies and not ourselves may be the gleaners in the field.

If, sir, the resolution now under consideration should be adopted, the whole system will form a strange picture. You may touch it with the master-pencil of a Rubens, it will still be a homely picture, incongruous in its parts, and in the whole ungraceful. It does appear to me to be a perfect anomaly, a measure which can be classed under neither the general head of peace or war. The Lacedemonians, it is said, put to death all deformed infants. I trust this House will be endued with a Lacedemonian spirit which will crush this creature in the deformity of its birth, and that it will not be suffered to hang a dead weight on the nation.; Thus, sir, have I1

venson Archer, Daniel Avery, Ezekiel Bacon, David YEAS-Willis Alston, jun., William Anderson, SteBard, Josiah Bartlett, William W: Bibb, William A. Burwell, William Butler, John Clopton, William Crawford, Roger Davis, Joseph Desha, Samuel Dinsmoor, Thomas Gholson, Peterson Goodwyn, Felix Grundy, Bolling Hall, Aylett Hawes, John M. Hyneman, R. M. Johnson, Joseph Kent, William R. King, Peter Little, Andrew Lyle, William McCoy, Samuel McKee, Alexander McKim, Samuel L. Mitchill, James Morgan, Anthony New, Stephen Ormsby, James Pleasants, jun., Peter B. Porter, Josiah Quincy, William Reed, Samuel Ringgold, John Rhea, John Roane, John Sevier, George Smith, George M. Troup, Robt. Whitehill, David R. Williams, and Robert Wright-46.

NAYS-John Baker, Abijah' Bigelow, Wm. Blackledge, Harmanus Bleecker, Thomas Blount, Adam Boyd, James Breckenridge, Elijah Brigham, Robert Brown, John C. Calhoun, Epaphroditus Champion, Langdon Cheves, Martin Chittenden, James Cochran, Thomas B. Cooke, Lewis Condit, John Davenport, jr., John Dawson, William Ely, William Findley, James Fisk, Asa Fitch, Meshack Franklin, Thos. R. Gold, John A. Harper, Jacob Hufty, Richard Jackson, jun., Charles Goldsborough, Isaiah L. Green, Obed Hall, Abner Lacock, Lyman Law, Joseph Lefever, Joseph Lewis, junior, Robert Le Roy Livingston, William Lowndes, Nathaniel Macon, George C. Maxwell, Thomas Moore, Archibald McBryde, Arunah Metcalf, James Milnor, Jeremiah Morrow, Jonathan O. Moseley, Hugh Nelson, Thomas Newbold, Thomas Newton, William Paulding, junior, Joseph Pearson, Israel Pickens, William Piper, Timothy Pitkin, junior, Benjamin Pond, Elisha R. Potter, Henry M. Ridgely, Jonathan Roberts, William Rodman, Ebenezer Sage, Ebenezer Seaver, Samuel Shaw, Daniel Sheffey, John Smilie, John Smith, Richard Stanford, Philip Stuart, Silas Stow, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Peleg Tallman, Uri Tracy, Charles Turner, junior, Pierre Van Cortlandt, jun., Laban Wheaton, Leonard White, William Widgery, and Thomas Wilson-77.

A motion was then made by Mr. McKIM to amend the said resolution by striking out these words:

"Permit our merchant vessels, owned exclusively by resident citizens, and commanded and navigated solely by citizens, to arm under proper regulations, to be prescribed by law, in self-defence against all unlawful proceedings against them on the high seas," for the purpose of inserting the following: "authorize merchant vessels of the United States to arm, under proper regulations, to be prescribed by law :"

And the question being taken so to amend, it

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son, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Findley, James Fisk, Asa Fitch, Meshack Franklin, Thomas Gholson, Thomas R. Gold, Charles Goldsborough, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph Lefever, Peter Little, Robert Le Roy Livingston, William Lowndes, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas Moore, Archibald McBryde, William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf, Samuel L. Mitchill, Jas. Morgan, Jeremiah Morrow, Jonathan O. Moseley, Hugh Nelson, Anthony New, Thomas Newbold, Thos. Newton, Stephen Ormsby, William Paulding, junior, Joseph Pearson, Israel Pickens, William Piper, Timothy Pitkin, junior, James Pleasants, junior, Benjamin Pond, Peter B. Porter, Josiah Quincy, William Reed, Henry M. Ridgely, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, William Rodman, Thomas Sammons, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel Shaw, Daniel Sheffey, John Smilie, Geo. Smith, John Smith, Philip Stuart, Silas Stow, Samuel Taggart, Benjamin Tallmadge, Uri Tracy, George M. Troup, Charles Turner, junior, Pierre Van Cortlandt, junior, Leonard White, David R. Williams, William Widgery, Thomas Wilson, Richard Winn, and Robert Wright.

NAYS-Abijah Bigelow, Adam Boyd, Epaphroditus Champion, John Davenport, junior, William Ely, Lyman Law, Joseph Lewis, junior, Elisha R. Potter, Richard Stanford, Lewis B. Sturges, and Laban Wheaton.

SATURDAY, December 21.

pro

On motion of Mr. POINDEXTER, the House ceeded to consider the resolution submitted by him on the 19th instant; when, Mr. P. withdrew the resolution, and moved that the letter of Cowles Mead, Speaker of the House of Representatives of the Mississippi Territory, with the presentment of the grand jury of Baldwin county, in said Territory, against Harry Toulmin, Judge of the Superior Court of Washington District, be referred to a select committee, to consider and report thereon to the House; which was agreed to, and Messrs. POINDEXTER, BIBB, RHEA, CALHOUN, TALIAFERRO, BIGELOW, and CHAMPION, were appointed the committee.

STATUTES OF LIMITATION. Mr. GHOLSON, from the Committee of Claims, who were instructed by a resolution of the House of the 11th ultimo, to inquire into the expediency of repealing or suspending the various acts of limitation, so far as they operate to bar the pay ment of certain descriptions of claims, made a report thereon.-Referred to the Committee of the Whole on the report of the Committee of Claims on the petition of Rees Nanna and others. The report is as follows:

That they have bestowed on the resolution that full consideration to which it was entitled. They felt, on the one hand, sincere solicitude to devise some just and adequate method of satisfying the claims in question; while, on the other, they were forcibly struck with the unavoidable scenes of speculation and fraud which would ensue the repeal or suspension of any of the

DECEMBER, 1811.

acts of limitation, whereby those claims are barred. If the old soldier, his widow, or his orphan, were alone to be benefited by such suspension, your committee would not hesitate to recommend it. Past experience, however, hath evidently shown that similar legislative indulgences have enured almost exclusively to the advantage of the unprincipled speculator, and those who avail themselves of the ignorance and subsist upon the misfortunes of others. We have innumerable examples of the truth of this position, in the consequences that resulted not only from the various suspensions of these acts which have hitherto taken place, but more especially from the adoption of the Funding System. It is deemed unnecessary to enlarge upon the consequences; they are too well known.

Although a communication received from the Treasury at a former session holds out an opinion that there are in the possession of that Department sufficient checks and guards to protect the United States from imposition and fraud in the payment of a certain part of those claims, the committee are differently impressed. They have seen a transcript from the books of the Treasury, published to the world, exhibiting the names of a certain class of claimants; and to suppose that a facility of this kind, thus offered to specu lative artifice and management, would not be seized upon and used by the speculator to impose upon Government, is to suppose a thing contrary to all experience. The committee feel themselves by no means able to draw a line of distinction between a just claim liquidated and a just one unliquidated; and to attempt the invidious task of distinction in point of merit, where there can be no difference, and to open the statutes of limitation in order to relieve a part or a few favorite classes of claims, does not comport, in the view of your committee, with any principle of fairness, or with that equal system of distributive justice which ought to be dispensed toward all. When they take a retrospective view of the subject, and find that most of those statutes were first passed in the times and under the patriot counsels of the old Congress, and that the more general one which took effect in 1794 was passed under the Administration of General Washington, who was himself the chief of soldiers as he was the chief of their patrons and friends in every station; but he was equally the friend of his country, and gave that act the sanction of his name, as founded, at least, in a policy of general justice and right, which the Government had been at length obliged to resort to and maintain in selfdefence; that every Congress since has invariably adhered to the general policy of those laws; and, after the lapse of so many years, when the difficulty of doing justice has increased with the increase of time, and when a partial repeal would but tend to increase the discontent and dissatisfaction of every class of claimants which should remain unprovided for, the commitof tee cannot, from any view they have been able to take

the subject, recommend the repeal or suspension of any of those statutes. They would, therefore, beg leave to submit the following resolution:

pend any of the acts of limitation, whereby the aforeResolved, That it is not expedient to repeal or sussaid descriptions of claims are barred.

The report was ordered to lie on the table.

RULES AND ORDERS.

The House resolved itself into a Committee of the Whole on the report of the select committee appointed to prepare such Standing Rules and Orders of Proceeding as are proper to be observed