bers of the Senate, members of the House of Representatives of the United States, and to the delegates of the Territories, and repealing all other laws on that subject, was read the second time. The bill, entitled "An act to incorporate the Columbian Insurance Company of Alexandria," was read the second time, and referred to the Committee on the District of Columbia. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act in addition to 'An act for the relief of John Thompson ;" and, on motion of Mr. ROBERTS, it was recommitted to the Committee of Claims. The amendments to the resolution, directing the procurement of certain laws, having been reported by the committee correctly engrossed, the resolution was read a third time as amended, and passed, with amendments. MONDAY, January 12. Mr. DAGGETT presented the petition of Elijah Rice, of the town of Wolcott, in the State of Connecticut, a soldier of the Revolutionary army, praying relief in consideration of his long and faithful services and severe sufferings, as stated in the petition; which was read, and referred to the Committee on Pensions. Mr. VAN DYKE presented the memorial of Jas. Brobson, Marshal of the State of Delaware, pray ing an increase of compensation, for reasons stated in the memorial; which was read, and referred to the Committee on the Judiciary. Mr. MORRIL presented the petition of John Orr and others, inhabitants of New Hampshire, praying a post route, for reasons stated in the petition; which was read, and referred to the Committee on the Post Office and Post Roads, with instructions to inquire into the expediency of establishing a post route from Dunstable, in New Hampshire, to Concord, in New Hampshire, on the river road, so called, through the towns of Merrimack, Bedford, Goffstown, Dunbarton, and Bow, to Concord. Mr. TAYLOR submitted the following motion for consideration: Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of providing, by law, for the sale of the surplus lands which were reserved to satisfy militia and donation claims, in the neighborhood of Vincennes, in the State of Indiana. Mr. ROBERTS, from the Committee of Claims, to whom was recommitted the bill, entitled "An act in addition to 'An act for the relief of John Thompson," reported it with amendments; which were read. Mr. ROBERTS, from the same committee, to whom was referred the petition of William Farris. senior, made report, together with the following resolution: Resolved, That the petitioner have leave to withdraw his petition. The report and resolution were read. Mr. ROBERTS, from the same committee, to whom was referred the petition of Nathaniel Cut SENATE. ting, also made report, together with the following resolution: Resolved, That the petitioner have leave to with. draw his petition. The report and resolution were read. The amendment to the bill, entitled "An act for the relief of Winslow and Henry Lewis,” having been reported by the committee correctly engrossed, the bill was read a third time as amended, and passed with an amendment. informed the Senate that the House concur in A message from the House of Representatives the amendments of the Senate, to the bill, entitled "An act for the relief of Joel Earwood," with an amendment, in which they request the concurrence of the Senate. Mr. ASHмUN submitted the following motion for consideration: Resolved, That the Committee on Military Affairs be directed to inquire into the expediency of providing, by law, for the attendance of witnesses before courts martial. vision for repairing the public buildings," was The bill, entitled "An act making further proread the second time, and referred to the Committee on the District of Columbia. Whole, the consideration of the bill, entitled "An The Senate resumed, as in Committee of the for repairing certain roads therein described;" act, in addition to 'An act making appropriation and the further consideration thereof was postponed until to-morrow. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An Senate, members of the House of Representatives act allowing compensation to the members of the of the United States, and to the delegates of the Territories, and repealing all other laws on that subject;" and the bill having been amended, the PRESIDENT reported it to the House accordingly; and the amendment having been concurred in, it was ordered to be engrossed, and the bill read a third time as amended. On motion, the Senate proceeded to consider the amendment of the House of Representatives, to their amendments to the bill, entitled “An act for the relief of Joel Earwood," and concurred therein. Lands, to whom was referred the petition of the Mr. MORROW, from the Committee on Public trustees for the Vincennes University, made report, together with the following resolution: draw their petition. Resolved, That the petitioners have leave to with The report and resolution were read. THE AFRICAN SLAVE TRADE. The following resolution, offered some days ago by Mr. BURRILL, was taken up: "Resolved, That the committee, to whom was reing of the Society of Friends at Baltimore, be instructferred the petition of the committee of the yearly meeted to inquire into the expediency of so amending the laws of the United States on the subject of the African slave trade, as more effectually to prevent said trade from being carried on by citizens of the United States, SENATE. African Slave Trade. JANUARY, 1818. of any subject in the Senate, and the Senate should be cautious not to give ground for the disgraceful suspicion that they are not sincere and hearty in this cause of suffering humanity. Every abolition of this abominable traffic, and this is the general voice of the country. The gentlemen here representing the slaveholding States, are as decided as any others on this point, and one of those States (Virginia) was entitled, he believed, to the honor of having been the first State to prohibit it. It was better, as the subject had some connexion with others which were of a peculiarly delicate nature, to refer it to a deliberate inquiry in a small committee, than to make it a topic of debate under some general proposition, in which way considerations which did not fairly belong to the subject would insensibly mingle with it. Some gentlemen, he said, doubted the propriety of the Senate's advising or directing the Executive as to the commencement of a negotiation, or the purposes of it. It was truly singular if the Senate, who were to be called upon for their advice and consent before any negotiation could end in the shape of a ratified treaty, and without whom no ambassador or envoy could even be appointed, could not express their opinion beforehand, as to the propriety or necessity of any proposed arrangement with a foreign Power. They had done it in the case referred to in the debate upon this motion on a former day, by the gentleman from New York, (Mr. KING,) and the gentleman from Tennessee, (Mr. CAMPBELL.) The British House of Commons do it, though that House possesses no part of the treaty-making power, and they had done so in effect in 1783, and on other memorable occasions. under foreign flags; and also into the expediency of the United States taking measures, in concert with other nations, for the entire abolition of said trade." Mr. BURRILL said, that, at the time he had the honor of moving the resolution, he had not anti-gentleman in this House wishes for the entire cipated any objection to it; but, from the debate on the subject on a former day, it appeared that some honorable gentlemen thought it unnecessary to make the inquiry at all, and that any concert with foreign nations, to attain the end proposed, was highly improper and dangerous. The question before the Senate was not upon the adoption of any specified or prescribed line of conduct, for the purpose of putting the finishing hand to the great work of the abolition of the slave trade; it was merely whether it should be referred to a committee to inquire into the expediency of taking measures, in concert with other nations, for this great and benevolent purpose. The committee may inquire, and be of opinion that it is inexpedient to adopt any measures whatever, or at least that it is not proper to take measures in concert with other Governments. If the Senate should refuse an inquiry into the propriety of this course, they might be subjected to the imputation of disregarding the implied obligations of the Treaty of Ghent, by the tenth article of which it is recited, that both the parties are desirous of continuing their efforts to promote the entire abolition of the slave trade, and agree that both shall use their best endeavors to accomplish so desirable an object. If the Senate should refuse the inquiry, it might give rise to unjust surmises and suspicions as to the sincerity of the Government in passing laws for this purpose, and in entering into the stipulations of the Treaty of Ghent. The United States cannot justly be charged with having acted in bad faith, either in making or performing treaties; and, as the United States have the honor of having led the way in the glorious cause of abolishing the slave trade, there can be no doubt that, in making this stipulation at Ghent, our Envoys acted with sincerity, and he hoped were entitled to the merit of having proposed the article. This article, as well as the rest of that treaty, met universal approbation. Ought we, then, to refuse to refer it to a committee, to inquire whether further measures are not necessary, or at least expedient? If any honorable gentleman had moved to go into a Committee of the Whole on this question, would it have been refused? What danger or inconvenience, then, could arise from referring the subject for investigation? This Committee, if convinced that further measures are necessary, would report those measures to the House; and, should they recommend a concert with foreign nations for this purpose, the subject then, having some length and breadth, and dimensions, could be examined and considered. But this could not so well be done now, because there was no specific proposition before the House. There was no such danger to be apprehended as some gentlemen imagined, from the generality of the terms of the proposition now under debate. This is the common and ordinary course in commencing the consideration If any measures should be adopted, in concert with other nations, there can be no danger, as some gentlemen apprehend, that we shall, by this means, be entangled in foreign alliances, or involved in war. What nation would be likely to go to war for the slave trade? We have already entered into a concert with Great Britain for this purpose, and we might enter into a like concert with other Powers. All the great Powers of the world, except Spain and Portugal, have already combined, so far as to express their wishes and opinions, and in many instances have gone much further, and have acted in concert with effect. Spain and Portugal may both be influenced by our representations, and induced to co-operate from the desire and the interest they have in conciliating the United States. At least we ought to ask for their concurrence. New governments and republics seemed to be forming, or are formed, in the South; their concurrence in putting an end to the trade is indispensable, if it is ever to be abolished. They have the strongest motives for desiring a good understanding with this country, and would not be deaf to our representations. Should all Christian nations, or a great majority of them, agree upon this point, it would soon be considered a traffic against the law of nations, and this international law must prove more ef JANUARY, 1818. African Slave Trade. SENATE. He re Unless, he said, further steps should be taken, all that had been done would be useless, and worse than useless. The trade being forbidden by some nations, and interrupted by force by Great Britain, the risks of it had increased; many men, who might otherwise have had no scruples of conscience, would not, however, violate the laws of their country, and the consequence was, that the price of the unhappy beings who were the objects of this traffic had fallen very low on the coast of Africa; unprincipled adventurers, restrained by no moral obligation, had engrossed the trade. They crowded the wretches they had purchased for a trifle into the holds of small fast sailing vessels, and the sufferings and mortality of the passage had increased to a frightful degree. It had been lately stated to his Government, by a British officer of rank, Sir James Yoe, that six hundred human beings had been stored aboard a vessel of only one hundred and twenty tons, thirty of whom died in sailing eighty leagues; and enor-in concert with any nation, which he believed mities of this sort were carried on in sight almost of our shores, and by some, he feared, who had the privileges and the boast of American citizenship. fectual than the municipal laws of separate Gov-lation to the rest of the world, that Virginia does ernments, acting without concert. to America. She took the lead in the humane effort to exterminate this horrible traffic. joiced to see that the great nations of Europe had adopted her precepts, and were imitating her enlightened and philanthropic example. Spain and Portugal constitute the only exception; the former, it is said, with what truth he knew not, has received a pecuniary compensation to abandon the traffic. Should this be true, as he cordially hoped it might be, Portugal will then stand alone. It is reasonably to be anticipated, that she will not be able to resist the incumbent load of the civilized world; when their remonstrances are enforced by the united influence of justice, humanity, and philanthropy. Africa, then freed from those disastrous effects which this trade has produced, may, under the benign influence of peace, reason and religion, indulge a hope, that in the fulness of time she may participate in the blessings of civilization, with all its beneficent effects. Nor was he averse to adopting measures would be calculated to hasten the destruction of this trade. For his part, he feared nothing from an alliance with any nation, whose only object was humanity. No man could more highly apHe would only add, that one cause of our com- preciate, than he did, the soundness of the political plaint against the late establishment of a pre- maxim, inculcated by the Father of his Country, tended republic in Florida, was, that the Govern-in his legacy to the American people-that of ment had connived at, and gave facilities to, the carrying on of this trade. The slaves which, under pretext of capture or otherwise, were brought into these places, were smuggled into the United States, in violation of the laws of the United States, and of all the particular States. There was proof, among the documents communicated by the President, that a privateer commanded and manned by Americans under the patriotic flag, as they called it, had taken a slave vessel, also commanded and manned by Americans, and that these slaves had been smuggled into Louisiana in defiance of all law. With these views of the subject, he hoped the Senate would see the necessity of taking further measures to repress the trade, and at length to put an end to it. Mr. BARBOUR said, that, while he was decidedly in favor of the main object of the resolution, that of revising the laws, and remedying every defect for the prevention of the wicked trade in question, there was a part of the resolution of which he did not approve, and, if retained, he should vote against it. And hence, lest his views might be misunderstood, he felt himself compelled to intrude on the attention of the Senate, while he briefly disclosed his reasons. Before he did this, however, he would make a few general remarks. He felt himself obliged to the gentleman from Rhode Island, for doing justice to Virginia, in admitting she had been the first to protest against this trade. But it was no more than an act of justice; for such certainly was the fact. Her zeal in this good cause has undergone no diminution. The United States followed her example; America stands in the re15th CoN. 1st Sess.-4 Be avoiding entangling alliances with other nations; he believed such an authority had never yet been exercised; but, be the power as it may, it will be readily conceded that this is not one of the cases which would justify it; or, if it were, this is neither the time nor the manner in which it should be performed. It has been urged, indeed, that, by the Treaty of Ghent, America and Britain, having agreed to use their best endeavors to put an end to this traffic, that this course, as now recommended, may find a shelter from criticism in that article; as it is merely in fulfilment of the obligation thereby contracted. Mr. B. conceived that the article in question had no other object, than to furnish to the civilized world an unequivocal testimonial of the sentiments of the contracting Powers in regard to this trade. Both nations having, therefore, made use of what they esteemed the best method to suppress it, and entertaining, reciprocally, the most entire confidence that they were sincere in their wishes to effect it, either would repel with scorn an insinuation that an article of this kind was necessary to secure, in future, their zealous perseverance in a course which had been previously adopted, of their own mere will, and which rested upon a much surer foundation than compact, namely. upon their sense of its justice, humanity, and propriety. But, waiving any advantage to be derived from this view of the subject, and yielding, for argument sake, that the Treaty of Ghent created an obligation on the United States, he would ask if Britain had suggested that this Government had been wanting in its duty? She cannot? Or will any gentleman here insinuate that there is less zeal in the Executive to promote the desired object, than in this House, or the nation? If not, why adopt this anomalous proceeding, and by a legislative act declare the necessity of a concert, and the terms on which it shall be adopted? For if this is not done, why inquire into it? To him, it seemed important that this body should keep within its legitimate sphere, and, when it acts, act effectually. Under these impressions, he permitted himself to hope that the mover himself would consent to such a modification of his resolution, as to exclude the objectionable feature; and, thereby conciliating the whole Senate, to obtain a unanimous vote in its favor; other wise the division which would ensue, while it might be the means of producing a false estimate of our real opinions, would counteract in no small degree the great object, as well of the mover, as of every member of the Senate; namely, a unanimous opinion of the whole body that the traffic is an outrage upon justice and humanity. Mr. B. concluded by remarking, that if his proposition was not acceded to, he should move to strike out so much of the resolution as proposed that Congress should adopt measures of concert with other nations. Mr. TROUP said he had no intention, when he objected the other day to a part of the resolution, to involve the Senate in a debate upon it; and he very plainly perceived that, at this stage of it, it would be considered premature to discuss at large the merits of the question. But he would JANUARY, 1818. submit to the Senate if it were competent to them, in union with the President, to pledge the arms and resources of the country, in a concert with foreign Powers, for any object whatsoever. He denied that it could be done in the spirit of the Constitution. It would be a pledge of that which we had not. The arms and resources of the country were confided elsewhere; they were deposited, not with the two, but the three branches of the Legislature; and, in fact, were not even to be found there. The people were essentially the depository of them, and their Representatives the organ. Yet it was proposed to pledge, by an act of the Executive power only, the arms and resources of a nation in concert with foreign Powers, for the abolition of the slave trade. Gentlemen seemed to entertain very different significations of the term concert; for his part, Mr. T. said, he knew of but one signification, which, in its application to the present subject, could legiti mately attach to it; a signification sustained equally by the law of nations, the law of diplomacy, as far as he knew such a law, and the universally received acceptation of the term-concert with foreign nations-Sir, what is it but a term for common councils and common efforts? The gentlemen propose to themselves a great object-no less than the universal abolition of the slave trade; other nations, they acknowledge, hold out against them. Will they be content, then, with a concert of common councils? Assuredly they will not. Between nations common councils mean nothing, unless sustained by common efforts; and common efforts between nations mean nothing less than war, if war be necessary for the object. War must be necessary, so long as other nations assert the right and hold to the practice of the slave trade. It is true that you may begin with negotiation, but it is certain that, if negotiation fail, you must resort to war. What would avail a treaty stipulation which would pledge the United States to exert, in concert with Great Britain, their advice and persuasion to induce Spain and Portugal to abolish the slave trade? Spain and Portugal would care nothing about your advice and persuasion, especially when you told them that you intended nothing more. Rhetoric and eloquence are not the instruments of nations for the execution of grand projects. He was well persuaded that the gentleman from Rhode Island meant to deal in something more substantial; idle and insignificant verbiage could not suit his purpose, for, if it did, he already found it in a treaty. This word concert, therefore, Mr. President, means something-it means connexion, combination, alliance, for a given object; it means entangling alliance. You are admonished against entangling alliances; for what reason? Because our Government is of its own kind, insulated, the only Republic in the world, between which and other Governments there is no common principle, no common feeling, no common sympathy; they may combine for their own interests; they may enter into concert for your destruction; they will not be so ready to combine with you either to promote your interests, or in JANUARY, 1818. African Slave Trade. SENATE. terests common to you and them. You propose vance the purse; they answer us, no! we have a concert with crowned heads! They never nothing to do with your treaties of concert or concert with themselves, but broils, and quarrels, your guaranties; if you are unwise enough to and wars, follow in the train. History is full of enter into them, you may get out of them as well them; and, if entangling connexions, sir, between as you can; you shall not do so at our expense, monarchs, who wield the sword and the purse, or with our aid and assistance. And so, sir, they who make peace and war at their will, be fruit- will answer always. They will go to war for ful of these mischiefs, what may we not expect rights which belong to them; for their honor, when you enter the lists without the means of their independence; for interests essentially their doing what you engage to do? Gentlemen will own; they will not for rights and interests say this mode of reasoning is entitled to little which are extraneous, and in which they feel no weight; it is speculative-admit it; the argu- concern. This was the lesson taught by the ment of experience is alone admissible, and the people to the inen who directed our councils on argument of experience is decisive. The only the occasion to which I referred; an awful warninstance which I recollect, sir, of a concert being never to put to hazard the peace of this tween this country and any foreign Power is that country by connexions with foreign Powers for of the French Treaties of 1778. It was a con- any objects whatsoever, much less for objects cert, and it turned out a most entangling one. It foreign to our interests and our feelings. The was a concert, too, for an object near and dear to treaties adverted to were negotiated under the the American heart; a concert for liberty and in- former Government. It is believed that nothing dependence. A more important object can never similar has occurred under the present. Mr. T. present itself. In the one treaty we stipulated said he would no longer tire the patience of the the guaranty of the French American posses- Senate with such desultory remarks; but he sions; in the other, we stipulated that France could not forbear the expression of his surprise (being in a state of belligerency with any other that the proposition of the gentleman should be Power) might use our ports freely with her ships urged with so much zeal and earnestness, when of war and prizes. Now, sir, I pray you, how did it was well known to the Senate and the world, we fulfil our stipulations? We did not fulfil them that from the origin of the present Government, at all. We got out of the difficulty, I will not almost up to the present moment, American citisay dishonorably, but as well as we could. I be- zens, the flesh and blood of the land, had been lieve, sir, the men who presided over our coun-seized by the Algerines, handcuffed and chained, cils, at the time of which I speak, were honorable men, and were willing to do whatever they could to carry into effect, in good faith, what they engaged to do; but, sir, they could not; they wanted the sword and the purse, and the Constitution had intrusted them to others; they were intrusted to the people. I sincerely believe, sir, that France saw the embarrassing dilemma, and took pity upon us. She saw we could not execute the guaranty without going into the war, and she forbore to press it. But, in consequence of her thus forbearing, she thought she might the more rightfully demand the rigid execution of the other article. We had stipulated to allow Mr. MORRILL said, that with peculiar emoFrench ships of war and prizes to go and come tions, he asked the attention of the Senate to a freely, and to remain at pleasure; it was a stipu- few remarks on this subject. It was with exlation partial in effect. France, being at war treme diffidence he rose to address the Senate on with England, it admitted to France what it re- this occasion. I am not insensible, said he, of the fused to England. It was inconsistent, too, with extent of the field on which I enter, nor of my the spirit of President WASHINGTON's proclama- inability to explore it. A subject, sir, co-extention of neutrality. France having abandoned sive with the world, in which this extensive Reher claim for the fulfilment of the guaranty, public have an interest, and on which, by their thought she was entitled to a favorable construc-delegated Representatives, they may express an tion of the article relating to ships of war and opinion-whether they will "use their best enprizes. She demanded the right of arming, and deavors" to effect a complete abolition of the fitting, and commissioning in our ports. We re-slave trade. Sir, upon this it seems there can sisted, and eventually we found ourselves in a war with France. This, sir, is the only instance Coming from New England, where slavery is of a concert between this country and a foreign unknown, my prejudices may be strong, my Power which I recollect; such has been the result views enthusiastic; but, sir, allow me to be honof it, and such will ever be the result. It is un- est, believe me sincere, permit me to be plain. In avoidable from the nature of our political insti- New England we believe "all men are born tutions. We enter into embarrassing stipula equally free and independent"-thus commences tions; we are called upon to execute them; we 66 our Bill of Rights." Whatever their color, powcall upon the people to draw the sword and ad-ers of mind, property, or rank in society, they are incarcerated and enslaved, four thousand miles from their homes and the bosoms of their families, and no instance is recorded of a proposition having been submitted to the Senate to advise the President to enter into concert with foreign nations for the abolition of Algerine slavery. Mr. WILSON called for a division of the question on the resolution, so as to take it separately on its two clauses. Mr. BARBOUR, observing that the motion he was about to make would supersede that of the gentleman from New Jersey, moved to strike out the latter clause of the resolution. be but one opinion. |