Abridgement of the Debates of Congress, from 1789 to 1856 (4 of 16 vol.)

"That all right and claim of the United States to British property, which may have been captured by American privateers, arising from forfeiture under any provision of the act entitled 'An act to prohibit commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes,' and an act entitled 'An act concerning the commercial intercourse between Great Britain and France and their dependencies, and for other purposes,' and an act supplementary to the last mentioned act, be, and the same is hereby relinquished for the benefit of the owners, officers, and crews of the privateers respectively that may have captured the same."

This amendment produced some discussion, in which Messrs. McKim and Wright advocated the motion, and Messrs. Roberts and Fisk opposed it; when the question was taken and lost, without a division.

Mr. Roberts moved to amend the bill, so as to include captures made of goods which were shipped anterior to as well as since the declaration of war was known in England. This amendment was adopted, 46 to 32.

The committee then rose, reported the bill to the House, as amended; the amendments were concurred in, and the bill ordered to be engrossed and read a third time to-morrow, 47 to 39.

Friday, February 19

Another member, to wit, from New Hampshire, George Sullivan, appeared, and took his seat.

Encouragement of Private Armed Privateering

The engrossed bill to release the claims of the United States on certain goods, wares, and merchandise, captured by private armed vessels, was read a third time, and debated.

The bill was passed by the vote, by yeas and nays – for the bill 52, against it 38:

Capture of the Java

The following Message was received from the President of the United States:

To the Senate and House of

Representatives of the United States:

I lay before Congress a letter, with accompanying documents, from Captain Bainbridge, now commanding the United States frigate "the Constitution," reporting his capture and destruction of the British frigate "the Java." The circumstances and the issue of this combat afford another example of the professional skill and heroic spirit which prevail in our naval service. The signal display of both by Captain Bainbridge, his officers, and crew, command the highest praise.

This being a second instance in which the condition of the captured ship, by rendering it impossible to get her into port, has barred a contemplated reward of successful valor, I recommend to the consideration of Congress the equity and propriety of a general provision, allowing, in such cases, both past and future, a fair proportion of the value which would accrue to the captors on the safe arrival and sale of the prize.

Feb. 22, 1813.

JAMES MADISON.

U. S. Frigate Constitution,

St. Salvador, January 3d, 1813.

Sir: I have the honor to inform you that, on the 29th ultimo, at 2 P. M., in south latitude 13° 6´, and west longitude 38°, about ten leagues distant from the coast of Brazil, I fell in with, and captured, His Britannic Majesty's frigate Java, of 49 guns, and upwards of four hundred men, commanded by Captain Lambert, a very distinguished officer. The action lasted one hour and fifty-five minutes, in which time the enemy was completely dismasted, not having a spar of any kind standing. The loss on board the Constitution was nine killed and twenty-five wounded, as per enclosed list. The enemy had sixty killed and one hundred and one wounded, certainly; (among the latter, Captain Lambert, mortally;) but by the enclosed letter, written on board this ship, by one of the officers of the Java, and accidentally found, it is evident that the enemy's wounded must have been much greater than as above stated, and who must have died of their wounds previously to their being removed. The letter states sixty killed and one hundred and seventy wounded.

For further details of the action, I beg leave to refer you to the enclosed extracts from my journal. The Java had, in addition to her own crew, upwards of one hundred supernumerary officers and seamen, to join the British ships of war in the East Indies; also, Lieutenant General Hislop, appointed to the command of Bombay, Major Walker, and Captain Wood, of his staff, and Captain Marshall, master and commander in the British navy, going to the East Indies to take command of a sloop of war there.

Should I attempt to do justice, by representation, to the great and good conduct of all my officers and crew, during the action, I should fail in the attempt; therefore, suffice it to say, that the whole of their conduct was such as to merit my highest encomiums. I beg leave to recommend the officers particularly to the notice of Government, and also the unfortunate seamen who were wounded, and the families of those brave men who fell in the action.

The great distance from our own coast, and the perfect wreck we made of the enemy's frigate, forbade every idea of attempting to take her to the United States. I had, therefore, no alternative but burning her, which I did on the 31st ultimo, after receiving all the prisoners and their baggage, which was very tedious work, only having one boat left out of eight, and not one boat left on board the Java.

On blowing up the frigate Java, I proceeded to this place, where I have landed all the prisoners, on their parole, to return to England, and there remain until regularly exchanged, and not to serve in their professional capacities, in any place, or in any manner whatever, against the United States of America, until said exchange is effected. I have the honor to be, &c.

WILLIAM BAINBRIDGE.

Hon. Paul Hamilton, Secretary Navy.

Tuesday, February 23

The Frigate Constitution

The House resolved itself into a Committee of the Whole on the bill, reported by the Naval Committee this morning, to compensate the officers and crew of the United States frigate Constitution for the destruction of the British frigates Guerriere and Java. [This bill provides that – dollars shall be paid out of the Treasury to Captain Hull and the officers and crews of the Constitution frigate, and a like sum to Captain Bainbridge and his crew, for their two gallant achievements; and appropriates a sum of – dollars therefor.]

Mr. Bassett moved to fill the first blank with fifty thousand dollars.

After some conversation between Messrs. Bassett, Ely, Stow, and Milnor, on the propriety of making a general instead of a special provision on this head, as recommended by the President, the question on filling the first blank with fifty thousand dollars was carried in the affirmative, ayes 60.

The second blank was then filled with one hundred thousand dollars.

The committee rose and reported the bill; and the amendments were concurred in.

The bill was then ordered to be engrossed, and read a third time.

Wednesday, February 24

The Frigate Constitution

The bill making compensation to the officers and crew of the frigate Constitution for the destruction of the British frigates Guerriere and Java, was read a third time and passed, by yeas and nays. For the bill 61, against the bill 39.

Order in Council

The following Message was received from the President of the United States:

To the Senate and House of

Representatives of the United States:

I lay before Congress copies of a proclamation of the British Lieutenant Governor of the island of Bermuda, which has appeared under circumstances leaving no doubt of its authenticity. It recites a British Order in Council of the 26th of October last, providing for the supply of the British West Indies and other colonial possessions, by a trade under special licenses; and is accompanied by a circular instruction to the Colonial Governors, which confines licensed importations from ports of the United States, to the ports of the Eastern States exclusively.

The Government of Great Britain had already introduced into commerce during war, a system, which, at once violating the rights of other nations, and resting on a mass of forgery and perjury unknown to other times, was making an unfortunate progress in undermining those principles of morality and religion which are the best foundation of national happiness.

The policy now proclaimed to the world, introduces into her modes of warfare a system equally distinguished by the deformity of its features, and the depravity of its character; having for its object to dissolve the ties of allegiance and the sentiments of loyalty in the adversary nation, and to seduce and separate its component parts, the one from the other.

The general tendency of these demoralizing and disorganizing contrivances will be reprobated by the civilized and Christian world; and the insulting attempt on the virtue, the honor, the patriotism, and the fidelity of our brethren of the Eastern States, will not fail to call forth all their indignation and resentment, and to attach more and more all the States to that happy Union and Constitution, against which such insidious and malignant artifices are directed.

The better to guard, nevertheless, against the effect of individual cupidity and treachery, and to turn the corrupt projects of the enemy against himself, I recommend to the consideration of Congress the expediency of an effectual prohibition of any trade whatever, by citizens or inhabitants of the United States, under special licenses, whether relating to persons or ports; and, in aid thereof, a prohibition of all exportation from the United States in foreign bottoms – few of which are actually employed – whilst multiplying counterfeits of their flags and papers are covering and encouraging the navigation of the enemy.

JAMES MADISON.

February 24, 1813.

The Message and accompanying documents were referred to the Committee on Foreign Relations.

Extra Session

The House went into Committee of the Whole on the bill to alter the time of the next meeting of Congress – a motion being under consideration to fix on the fourth Monday in October.

Mr. Grundy spoke in reply to some observations of Mr. Johnson (on yesterday) in favor of that day. Mr. G. was decidedly in favor of meeting in May; he believed it necessary to the support of public credit that the House should meet in May. Had not the Committee of Ways and Means first taught him that an early session was necessary with that view, if revenue should not, as it would not, be provided at this session, he should not have been found advocating an extra session. The House had been told by their financial committee, that it was indispensably necessary forthwith to provide a revenue; and that a paper system, without a foundation of permanent revenue, would involve the nation in disgrace or irretrievable ruin. Mr. G. quoted various reports of the Committee of Ways and Means to show that they had made such statements. With these facts staring him in the face, how could he do otherwise than urge an early session? If it was indispensably necessary a day or two ago to provide a revenue, what had since occurred obviating that necessity? Nothing. War had been declared, and it was the duty of those who declared it to provide the ways and means of carrying it on. Mr. G. protested against the idea which had been advanced of giving enormous interest for loans, and against accumulating a large debt, almost without the knowledge of the people on whom it would be saddled, and expressed his determination, as far as lay in his power, to go on and provide the ways and means.

Saturday, February 27

Power of Retaliation

The bill giving to the President of the United States the power of retaliation in certain cases therein mentioned, was read a third time.

A motion was made by Mr. Quincy to adjourn – lost, 56 to 16.

The bill was then passed by the following vote:

Yeas. – Willis Alston, jr., William Anderson, Stevenson Archer, David Bard, William Barnett, Burwell Bassett, William W. Bibb, William Blackledge, William Butler, John C. Calhoun, Francis Carr, Langdon Cheves, James Cochran, John Clopton, Richard Cutts, John Dawson, Joseph Desha, Samuel Dinsmoor, Elias Earle, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Obed Hall, John A. Harper, John M. Hyneman, Richard M. Johnson, William Kennedy, William R. King, Peter Little, William Lowndes, Thomas Moor, William McCoy, Samuel L. Mitchill, James Morgan, Jeremiah Morrow, Hugh Nelson, Thomas Newton, Stephen Ormsby, Israel Pickens, William Piper, James Pleasants, jr., John Rhea, John Roane, Jonathan Roberts, Thomas B. Robertson, Adam Seybert, Samuel Shaw, George Smith, John Taliaferro, Charles Turner, jr., Robert Whitehill, David R. Williams, and Robert Wright.

Nays. – Abijah Bigelow, Elijah Brigham, Epaphroditus Champion, Martin Chittenden, James Emott, Asa Fitch, Thomas P. Grosvenor, Lyman Law, Jos. Lewis, jr., Jonathan O. Mosely, Elisha R. Potter, Josiah Quincy, William Reed, William Rodman, Daniel Sheffey, Richard Stanford, and Leonard White.33

Monday, March 1

Foreign Licenses

An engrossed bill to prohibit the use of licenses or passes, issued under the authority of any foreign Government, was read the third time.

And on the question, "Shall this bill pass?" it passed in the affirmative – yeas 59, nays 32.

Relations with France

Mr. Goldsborough, after observing on the propriety of the House having all the information on foreign affairs which was accessible; and remarking, also, that they were much in the dark in respect to our relations with France, moved the following resolution:

Resolved, That the President of the United States be requested to cause to be laid before this House the French decree, purporting to be a repeal of the Berlin decrees, referred to in his Message of the 4th of November last; together with such information as he may possess concerning the time and manner of promulgating the same; and, also, any correspondence or information touching the relations of the United States with France, in the office of the Department of State, not heretofore communicated, which, in the opinion of the President, it is not incompatible with the public interest to communicate.

And on the question to agree to the same, it passed in the affirmative – yeas 102, nays 4.

Mr. Goldsborough and Mr. Kennedy were appointed a committee to present the said resolution to the President.

On motion, the House adjourned.

Tuesday, March 2

Non-Exportations in Foreign Bottoms

The House again resolved itself into a Committee of the Whole, on the bill prohibiting the exportation of certain articles therein specified, in foreign vessels.

Mr. Clay spoke at considerable length in favor of this bill, as forming a complete system, connected with one which passed the House the other day, prohibiting the use of foreign licenses on board vessels of the United States, suited to the present relations of the United States, and to the proper action on the enemy.

Mr. Robertson spoke as follows: Mr. Chairman, I do not often trespass on the patience of the House, but I request their attention whilst I state a few of the reasons which compel me to oppose the bill now under consideration.

I am the more disposed to do this, because my opposition arises from considerations in a great measure peculiar to myself, and because I differ with gentlemen in the correctness of whose opinions I usually concur. Without, then, considering the principles it involves, I reject this bill, because it is not in fact what it professes to be; it is not a restrictive measure; its provisions may operate prejudicially on ourselves, but cannot affect the enemy. In one of two general systems, I might go along with gentlemen. Let us have non-importation, non-intercourse, and embargo – thus the restrictive system may have its full bearing; let us refuse to purchase manufactures of the British; let us refuse to furnish them with provisions, then we may be consoled for the privations which we ourselves must experience, by reflecting on the great evils which we inflict on the enemy.

I can but smile at the patriotism of honorable gentlemen, who affect to starve the English by refusing to buy their manufactures, whilst they inundate the army, the navy, the colonies of that nation, with a profusion of all the necessaries and luxuries of life – they will starve a few miserable manufacturers, whilst they industriously feed their armed men. With the most glaring and barefaced inconsistency, they object to admitting into our markets any the minutest article of British manufacture, that the inhabitants may perish for the want of means to purchase bread; whilst bread is exported with a hope that it should, indeed a perfect certainty that it will be consumed by this same people. I cannot concur in these half-way measures. I voted for a repeal of the non-importation act. I hoped that commerce, sufficiently hazardous and fettered by the present state of the world, would cease to be shackled by ourselves. I hoped, that now the sword was drawn, we should carry on war in the usual and accustomed manner – that the Government would be aided by the receipt of revenue arising from duties and imposts – that the people would be thus partially relieved from taxes – that the nation would be strengthened and inspired by an accession of wealth, now more than ever necessary.

But whatever, sir, might be my opinion of this bill, viewed as a restrictive measure; for other considerations it meets with my decided disapprobation. We prohibit neutrals from clearing out from our ports with the productions of our country, whilst our own vessels are left free to do so. We deny to them that commerce, which as a neutral we formerly enjoyed. Heretofore we complained of the injustice of belligerents, and now that we are engaged in war, and that too for neutral rights and free trade, we are about to practise similar abuses. Aware that some apology would be deemed necessary, we call it a municipal regulation; it may be so – and perhaps we are borne out by strict law; but we attempt a justification on the ground of cutting off our enemy from supplies, of which he stands in need, and which, notwithstanding his perilous situation, he dares to hope to receive through a train of insolent artifices, derogatory to the integrity of the Union, and disgraceful to those with whom they shall prevail.

Now, sir, if the measure proposed could in any way counteract his views – if it went the full length of preventing him from procuring the various articles which his necessities require, I confess it would be inflicting a punishment, which not only the laws of war would authorize, but which the unprecedented baseness of his late attempt most loudly calls for; but no such effect will be produced. For what is there to prevent our vessels from transporting the products of the United States to Amelia, Pensacola, St. Bartholomews, there to be deposited, and thence carried in neutral or British bottoms to Jamaica, the Bahamas, or wheresoever else they may be wanted? And again, if, notwithstanding the hostile attitude in which we stand in relation to each other England is compelled to encourage a trade by license, will not her necessities equally induce her to connive at exportation? Can it be doubted, that her armed vessels would not be instructed to allow our provisions to pass unmolested, when, by pursuing a contrary conduct, she would be starving her own colonies? And is it not clear that a traffic, which the war prevents from being direct, would continue to be carried on, as it is at present, through intermediate ports?

Mr. Chairman, the present scheme seems to me to be merely calculated to produce vexation and embarrassment at home; to operate with peculiar hardship on neutral rights, without inflicting on the enemy any injury commensurate with these evils. Sir, if gentlemen wish to reap the full effect of a restrictive system, that system must be rigid and complete. Let our ports be sealed; let there be neither egress nor ingress; let us neither buy nor sell, and let us prepare to bear the positive burdens of active war. No section of our widely-extended Union could then complain of peculiar oppression. The plan would present itself to us, recommended, at least, by the generality of its operation; by the impartiality of its character. But, if this cannot be done, if the shipping interests of some of the States, and the manufacturing establishments of others, must be encouraged, and if others still must sell their wheat and flour, let us pursue the opposite course; let us sweep restrictive measures by the board; thus should we enjoy all the advantages which would result to the Government from imposts, all the benefits that would accrue to individuals from exports. In either of these modes of proceeding I might concur; but I cannot consent to the plan now submitted, nor acquiesce in the wisdom or policy of our existing regulations. They are not promotive of the general welfare, but, on the contrary, are ruinous to the interests of that portion of the Union whose interest it is peculiarly my duty to protect. Yet, I cannot help observing that, however under their oppressive operation commerce languishes, and Southern agriculture is completely annihilated, they are tolerated by the Eastern States, because they promote their domestic manufactures, and impoverish and embarrass the Government; and they are advocated and supported by the Middle States, because they consider, or affect to consider them, as very patriotic; because they inflict privations, which, by-the-by, they do not feel; and, finally, because, nevertheless, they are enabled to sell off, at excellent prices, the productions of their farms. Thus, sir, a feast is spread before us; but it is served up, however splendidly and abundantly, in shallow dishes; and, while the foxes of the Eastern and Middle States lap up the soup with great dexterity, the storks of the Mississippi, Mobile, and Altamaha, look on, perhaps with admiration, but certainly with no satisfaction whatever. While, sir, the spleen of hostility towards the Government is gratified, while the manufacturing establishments of the East are promoted, while the middle section of the Union disposes of, at high prices, the abundant harvest of their fields, what becomes of the commerce of our country? What fate befalls the agriculture of the South? Our cotton rots on the stalk. From this proscription of foreign manufactures, the grower of the raw material is irretrievably ruined. Possibly he may sell an inconsiderable portion of his crop, for contemptible prices, to domestic manufacturers, while he is compelled to buy, at enormous rates, the articles which his wants require. If he wishes to sell, he finds no competition among purchasers. Does he find it necessary to purchase, he suffers equally from the want of competition among those who sell.

A debate of considerable length took place, in which Mr. Calhoun supported the bill, though opposed to the amendment made on motion of Mr. Quincy in Committee of the Whole.

Mr. Grosvenor spoke as follows:

Mr. Speaker: When I had the honor to address you, on a measure which has finally passed this House, I stated, at some length, my reasons for believing that the Government had no serious intention to pass the bill now before you. But, sir, from a furious zeal, this day manifested in a certain quarter, to drive the measure through this House, I fear I was mistaken. I therefore deem it an indispensable duty, in the name of the commercial and agricultural districts which I represent, to enter my solemn protest against this new project of the Government.

I shall not enter into any argument, to show the impolicy, the injustice, and the danger of such a measure, considered as a measure of non-exportation. The task has been most ably and successfully performed by an honorable gentleman from South Carolina, (Mr. Lowndes;) he has shown, that connected with the maritime power of the enemy, and with other bills already passed this House, this measure has all the blasting qualities, without even the few equivocal benefits of a broad restrictive system; and he has demonstrated the irreparable mischiefs which must result from such weak and mongrel measures. His reasoning has not been met – it cannot be refuted – I will not weaken its effect on the House, by attempting to enforce it.