NOVEMBER, 1807.]

DEBATES OF CONGRESS.

British Aggressions.

they knew had been published in conformity to an act of Congress, anchored within the capes of Chesapeake Bay, and in that situation remained, capturing American vessels, even within our acknowledged territorial limits, and sending them to Halifax for adjudication-inpressing seamen on board American vessels-firing on vessels and boats of all descriptions, having occasion to pass near them in pursuit of their lawful trade, and occasionally denouncing threats, calculated to alarm and irritate the good people of the United States, particularly the inhabitants of Norfolk and Hampton-all which facts are substantiated by the accompanying documents, Nos. 1 to 6 -the committee are of opinion that it is expedient to provide more effectually for the protection of our ports and harbors; but not being prepared to report specifically on that subject, they ask further indulgence of the House, and beg leave to submit for their consideration the following resolution:

46

Resolved, That the attack of the British ship of war Leopard on the United States frigate Chesapeake was a flagrant violation of the jurisdiction of the United States, and that the continuance of the British squadron (of which the Leopard was one) in their waters, after being notified of the proclamation of the President of the United States, ordering them to depart the same, was a further violation thereof."

The report was referred to a Committee of the Whole on Monday.

On a motion of Mr. BASSETT, that the proceedings of this day, with closed doors, ought to be kept secret, the question being taken thereupon, it passed in the negative-veas 22, nays 104.

WEDNESDAY, November 18

British Aggressions. Mr. QUINOY said the House might have observed, that in the Message of the President of the United States to Congress, delivered on the 27th of October, there was an express reference to a certain Proclamation interdicting our ports and harbors to British armed vessels. It was in Great Britain, he understood, a universal Parliamentary rule, that proclamations of this kind should be laid before Parliament; and in this country it had heretofore been the usual practice. In the case of the Proclamation of Neutrality, issued by President Washington, in 1793, in his first communication to Congress, he laid it before them, and it was entered on the Journals. Circumstances of however great notoriety were not official information on which they could act; but, were it so, he had not been able to find it in any papers he could procure. He had expected it would have been connected with the report of the committee on aggressions; but, as it was not yet before the House, he moved the following resolution:

Resolved, That the President of the United States be requested to cause to be laid before this House a copy of his Proclamation interdicting our harbors and waters to British armed vessels, &c., referred to in his Message of the 27th of October last.

Mr. CROWNINSHIELD could not see any neces

[H. OF R.

He well recolsity for calling for this paper. That issued in the case lected that the President had issued proclamations on other subjects which had never been laid before the House. of an aggression committed by Captain Whitby, commanding an armed ship of Great Britain, had not been transmitted to the House; so, in the case of the famous conspiracy of Mr. Burr, a proclamation was issued at the time, and not laid before the House, nor had the House thought necessary to call for these papers. They were before the public, and every member of the The pracHouse must have perused them. Mr. C. wished his colleague to show some necessity for the present call; for he could see none. tice which had taken place in other countries drawn a precedent from the practice of France, was not to govern them; he might as well have Germany, or any other country, as from Great Britain. Besides, he doubted whether it was the practice there. It was well known that, under that Government, the King and Council legislated in a variety of instances. The citthese measures. They legislated for neutrals in izens of this country had suffered severely by this way, and property to an immense amount had been taken from our merchants under these orders, and Mr. C. did not know that their acts in such cases had been laid before the Parliament, or even called for. He should, however, have no objection to the call in this instance, but that he saw no necessity for it. The gentleman might perhaps not have seen the Proclamation; but it was well known that it had been published in almost all the papers in the Union. It first appeared in a paper of this city, and he presumed was copied from that paper into the others. He had no doubt but the Proclamation would be communicated, or any other paper that might be called for.

Mr. ALSTON said it was certainly very immaterial whether the resolution was adopted or not; but it was certainly causing considerable trouble for nothing, to submit such a resolution to the House. The gentleman might have laid his hands on it in any paper published in the Union. Did that gentleman receive an official copy of the proclamation for convening Conhad an advantage over him; for he saw the gress at this time? If he did, Mr. A. said he Proclamation in the newspapers, and came on in consequence; and if there had been any proclamation issued, Mr. Q. could have found it in the newspapers. He had an objection to this resolution, because it was going out of the way; upon the President for any proclamation which he had never before known an instance of a call he had not thought proper to lay before them.

Mr. QUINCY said he had cited the example of Great Britain, because that was the country from whose Parliamentary practice so many precedents had been drawn." The Proclamation of President Washington, however, was published in all the papers on the continent, and yet the President had laid it before Congress on the first day of the succeeding session. He would refer

H. OF R.]

British Aggressions.

to the mode in which it was presented, in order | to convince the House it had been heretofore done. The case was thus: The President of the United States, after some prefatory observations, tells them that the Proclamation laid before the House had been issued. Immediately after this, the Journal says, a Message was received from the President of the United States, enclosing a copy of the Proclamation. The case in the present instance was of much more importance: he had no conception, before he saw the report of the committee, but that it would be laid before them; he had not conceived it possible that it would not be laid before them in some way. It had been said, that he should give reasons for calling for it. He thought that in an important case like this the House should know what was done. He had no objection to the Proclamation; but it contained certain national principles to which they ought to refer.

[NOVEMBER, 1807.

what had been said by the gentleman last up. Had Mr. C. said any thing about it, had he made any allusion to what had appeared in a newspaper in this city? The publication was made before he had been able to arrive at this city. [Mr. QUINCY here remarked, he did not refer to him.] Mr. C. did not know to whom he could refer, except to him or his friend from North Carolina. He had no intention to make any remark to hurt the gentleman's feelings with respect to what had appeared in a newspaper of this city; but what relation could that have to the subject under consideration? If the paper alluded to had infringed any privilege appertaining to him as a member of that House, of which Mr. C. said he knew nothing, he had his remedy. If of a personal nature, the gentleman had other means of satisfaction. He was perfectly at a loss as to the object the gentleman could have in bringing the matter up now. Mr. C. had alluded to the same paper: it was the only paper of any consequence in the city, and the President was obliged to take that course to circulate official acts throughout the Union. It had always been the custom of the President to publish his Proclamations, but in no instance had he laid

He was at a loss to account for the opposition which this motion received from some quarters of the House; it was impossible it could be made on any other grounds than a determination to vote down at all events any question that might be moved, or any inquiry that might be requested on the part of gentlemen of one de-them before the House. The two extraordinary scription in the House. It seemed to him to be following up the advice which had lately been given to them through the channel of a paper printed in this city, which was understood generally to speak a demi-official language. I have before me, (said he,) the words in which this House were a short time since addressed in that paper, by a person making observations on a motion which Mr. Q. had made, and which was negatived. Mr. Q. then read the following paragraph from the National Intelligencer, of No

vember 9

"Let them weigh well the advice of an enemy before they adopt it. Let them act as they have done in the present instance. Let them entertain no apprehensions on the sense of popularity, even though their adversaries should sound the tocsin of alarm, and declare themselves in patriotic strains the exclusive friends of the people. Let them remember that while their opponents have nothing to do but talk, they have to act."

And was this the language in which this House was to be addressed through the medium of a newspaper printed at their doors? Was a mere printer to obtrude upon them his advice as to what course they were to pursue in relation to the interest of the nation, and to denounce a portion of the House as unworthy of notice or confidence? He hoped not. But he could account for the opposition which was now given to this motion from no other reasons; for if a Proclamation of this kind had been issued, they ought to have it before them.

sessions of Congress had been held by Procla mation published in the newspapers, and the Proclamations for convening them had not been laid before the House. It having been done by another President had no bearing on the present case: no law existed authorizing President Washington to issue such a Proclamation as that referred to; but the Proclamation now referred to, as well that in the case of Mr. Burr, were issued under an act of Congress. Mr. C. had no particular objection to the call; but he could not see the necessity for it. With respect to precedents in other countries, he wished them to have no influence on the proceedings in this.

Mr. BURWELL did not rise to oppose the resolution; he was willing that the Proclamation should be sent to them by the President; but the gentleman had expressed his surprise that he did not find that Proclamation contained in the report of the committee. The only reason was, that they had supposed it was sufficiently official in the newspapers, and had referred to them when occasion required, as they would have done to any other authority. He held it a correct proceeding, that it was the right of any member of that House to call for any information relative to any subject; he should always favor such an application; he therefore did not rise to oppose the gentleman's motion, but to apologize for the committee's not having reported it.

Mr. DANA said that the observations of the gentleman from Virginia had been made with his general candor he had no doubt, but the committee considered such reference as they had made correct; but as no public prints were strictly official, and as they were called upon to deliberate on the Proclamation itself, Mr. CROWNINSHIELD felt much surprised at he thought it necessary they should have it be

Mr. Q. said he possessed no interests different from any other member of this House; and assuming the right to which he was entitled, he would ask for information when he had occasion for it.

NOVEMBER, 1807.]

DEBATES OF CONGRESS.

British Armed Vessels.

fore them. Were they not called together on this subject particularly, he might not see the same necessity for having it; but as it was to be the basis in some measure of their proceedings, they ought to have an official copy of it. Mr. D. also thought it was more correct, when ever Congress were called together by Proclamation, that they should be specially notified. The gentleman from Massachusetts was in an error so far as related to the form of giving notice of extraordinary sittings; he had understood the gentleman to say, that Congress were called together by a Proclamation published in a newspaper, which was official notice. This It was true they was not the correct course. were now all gathered together; but their journals would not show how. When an extraordinary session had been called formerly, a letter had been addressed to each member from the Secretary of State, enclosing the Proclamation for the purpose; and this was capable of being done in every instance, by transmitting these letters to the Executive of each State, who might notify them individually. This had been the course, and he thought it more correct than the other.

The question on the resolution being taken, was carried, 70 to 32; and Messrs. QUINOY and BURWELL named a committee to wait on the President for the purpose.

THURSDAY, November 19.

British Armed Vessels.

[H. OF R.

A

violence to the persons, and of trespasses on the prop-
In truth,
the belligerent parties received among us.
erty of our citizens, committed by officers of one of
these abuses of the laws of hospitality have, with few
exceptions, become habitual to the commanders of
frequenting our harbors. They have been the subject
the British armed vessels hovering on our coasts, and
of repeated representations to their Government.
Assurances have been given that proper orders should
restrain them within the limits of the rights and of
the respect due to a friendly nation; but these orders
of punishment for past wrongs has taken place. At
and assurances have been without effect; no instance
length a deed, transcending all we have hitherto seen
or suffered, brings the public sensibility to a serious
crisis, and our forbearance to a necessary panse.
frigate of the United States, trusting to a state of
peace, and leaving her harbor on a distant service,
has been surprised and attacked by a British vessel
our waters and covering the transaction, and has been
of a superior force, one of a squadron then lying in
disabled from service, with the loss of a number of
men killed and wounded. This enormity was not
only without provocation or justifiable cause, but was
committed with the avowed purpose of taking by
force, from a ship of war of the United States, a part
wanting to mark its character, it had been previously
of her crew; and that no circumstance might be
ascertained that the seamen demanded were native
citizens of the United States. Having effected her
within our jurisdiction. Hospitality under such cir-
purpose she returned to anchor with her squadron
cumstances ceases to be a duty; and a continuance of it,
with such uncontrolled abuses, would te..d only, by
multiplying injuries and irritations, to bring on a rup-
ture between the two nations. This extreme resort is

The following Message was received from the equally opposed to the interests of both, as it is to President of the United States:

To the House of Representatives of the United States : According to the request expressed in your resolution of the eighteenth instant, I now transmit a copy of my proclamation interdicting our harbors and waters to British armed vessels, and forbidding intercourse with them, referred to in my message of the twenty-seventh of October last.

TH. JEFFERSON.

NOVEMBER 19, 1807.
By the President of the United States of America:
A PROCLAMATION.

During the wars which, for some time, have unhappily prevailed among the powers of Europe, the United States of America, firm in their principles of peace, have endeavored, by justice, by a regular discharge of all their national and social duties, and by every friendly office their situation has admitted, to maintain with all the belligerents their accustomed relations of friendship, hospitality, and commercial intercourse. Taking no part in the questions which animate these powers against each other, nor permitting themselves to entertain a wish but for the restoration of general peace, they have observed with good faith the neutrality they assumed; and they believe that no instance of a departure from its duties can be justly imputed to them by any nation. A free use of their harbors and waters, the means of refitting and of refreshment, of succor to their sick and suffering, have, at all times, and on equal principles, been extended to all, and this, too, amidst a constant recurrence of acts of insubordination to the laws, of

assurances of the most friendly dispositions on the part of the British Government, in the midst of which this outrage has been committed. In this light the subject cannot but present itself to that Government, tion of the wrong which has been done, and to that and strengthen the motives to an honorable reparaeffectual control of its naval commanders, which in the exercise of those hospitalities it is now conalone can justify the Government of the United States strained to discontinue.

In consideration of these circumstances and of the right of every nation to regulate its own police, to provide for its peace and for the safety of its citizens, and consequently to refuse the admission of armed vessels into its harbors or waters, either in such numbers or of such descriptions, as are inconsistent with these, or with the maintenance of the authority of the laws, I have thought proper, in pursuance of the authorities specially given by law, to issue this my Proclamation, Hereby requiring all armed vessels bearing commissions under the Government of Great Britain, now within the harbors of waters of the United States, immediately and without any delay to depart from the same, and interdicting the entrance of all the said harbors and waters to the said armed vessels, and to all others bearing commissions under the authority of the British Government.

And if the said vessels, or any of them, shall fail to depart as aforesaid, or if they or any others, so interdicted, shall hereafter enter the harbors or waters aforesaid, I do in that case forbid all intercourse with them, or any of them, their officers or crews, and do prohibit all supplies and aid from being furnished to them or any of them.

Sir James Jay.

of the United States, or unless it be in the case of a vessel forced by distress, or charged with public de-a letter written by General Washington in this spatches as hereinafter provided for, such person or persons shall, on conviction, suffer all the pains and penalties by the laws provided for such offences.

The question being taken on concurrence with the report, the votes were, in favor of it 45, against it 46; there appearing some doubt whether this decision was correct, a second count-yeas 74, nays 53. was about to be had, when a debate took place, in which Messrs. UPHAM, COOK, DANA, QUINCY,

DECEMBER, 1807.]

DEBATES OF CONGRESS.

TUESDAY, November 24.

British Aggressions.

Soldiers of the Revolution, &c.

Mr. BLOUNT, from the committee appointed on so much of the Message of the President of the United States as relates to aggressions committed within our ports and waters by foreign armed vessels; to violations of our jurisdiction; and to measures necessary for the protection of our ports and harbors; presented to the House a letter from the Secretary of the Navy, stating that, in a letter addressed by him, on the twelfth instant, to the chairman of the said committee, some erroneous information had been given, and an omission made, which he had since discovered, and thought it his duty now to correct. The said letter was read, and ordered to lie on the table.

Mr. BLOUNT, from the committee to whom was referred so much of the Message of the President of the United States as relates to aggressions, &c., reported further, in part,

"That the numerous aggressions and violations of our jurisdiction recently committed within our ports and waters by British ships of war, whether they are to be regarded as the effects of positive orders from the British Government, or as proceeding from that unrestrained insolence and rapacity in British naval commanders which previously produced the murder of our fellow-citizen, Pierce, and the perpetration of many other well-remembered outrages and irritating acts, are convincing proofs of the necessity of placing our ports and harbors, as speedily as possible, in a situation to protect from insult and injury the persons and property of our citizens living in our seaport towns, or sailing in our own waters, and to preserve therein the respect due to the constituted authorities of the nation.

"That the committee, having maturely considered the subject, are of opinion that the protection desired can be best and most expediously afforded by means of land batteries and gunboats, as they have been induced to believe that by a judicious combination and use of these two powers, effectual protection can be given, even to our most important seaport towns, against ships of any size unaccompanied by an army.

"That our most important ports and harbors, and those requiring the earliest attention and the most expensive fortifications, are, New Orleans, Savannah, Charleston, S. C., Wilmington, N. C., Norfolk, Baltimore, Philadelphia, New York, New London, Newport, R. I., Boston, Salem, Newburyport, Portsmouth, N. H., and Portland.

"And that the ports, harbors, and places of minor importance requiring protection, and which may be protected by less expensive works, are, St. Mary's, Ga., Beaufort, and Georgetown, S. C., Ocracoke, Albemarle Sound, James River, York, and Rappahannock Rivers, Potomac, Patuxent, Annapolis, and Eastern Shore, Md., Delaware Bay and River, Egg Harbor, N. J., Amboy, Long Island, Connecticut shore, Tiverton, R. I., New Bedford, Marblehead, and Cape Ann, York, Kennebunk, and Saco, Kennebeck, Sheepscut, Damarescotta, Broad Bay, and St. Georges, Penobscot, Frenchman's Bay, and Passamaquoddy Bay.

"Wherefore, your committee holding themselves bound, by the tenor of the resolution referred to

[H. OF R.

them, to report hereafter their opinion of the expe-
diency of interdicting the waters of the United States
to foreign armed vessels, according as circumstances,
now unknown, may, when known, seem to require,
submit the following resolutions, viz:

66

Resolved, That it is expedient to authorize the President of the United States to cause such fortifications to be erected as, in addition to those heretofore built, will, with the assistance of gunboats, afford preserve therein the respect due to the constituted effectual protection to our ports and harbors, and authorities of the nation; and that there be, and hereby is, appropriated for that purpose, out of any moneys in the Treasury not otherwise appropriated,

the sum of

66

dollars.

Resolved, That it is expedient to authorize the
President of the United States to cause to be built an
additional number of gunboats not exceeding
and to arm, equip, man, fit, and employ the same for
the protection of our ports and harbors; and that
there be, and hereby is, appropriated for that pur-
wise appropriated, the sum of
pose, out of any moneys in the Treasury not other-

The report was referred to a Committee of the Whole on Thursday.

TUESDAY, December 1.

Mr. QUINCY offered the following resolution: Resolved, That the Secretary of the Department of War be directed to lay before this House an account and harbors of the United States, with a statement of the state of the fortifications of the respective ports of the moneys appropriated for fortifications remaining unexpended; and an estimate of the sums necessary for completing such fortifications as may be deemed requisite for their defence.

Which being under consideration,

Mr. Q. said the House would perceive the object of this resolution was to obtain information; there was a document on their table which gave some information on the subject, but was not explicit. This resolution was exthe House obtained some important and interactly similar to one passed last session, by which esting information; this being the case, he hoped no objection would be made to it.

The resolution was agreed to without a division.

Soldiers of the Revolution, &c.

Mr. RANDOLPH rose and said, that as long as the subject of national defence was in possession of a respectable committee of the House, and as long as their report was pending before it, he had deemed it, if not improper, at least unavailing in him, to offer any thing upon that subject. But, that committee having reported, he saw, from the course which the debate had taken yesterday, a necessity so pressing that he could no longer dispense with it, for offering These propositions grew out of the some propositions on this most important subject. exist that there was but one peculiar mode of almost universal impression which seemed to defence to which the nation could turn itself in this perilous juncture of their affairs. When