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H. OF R.]

Alien Enemies.

[ΜΑΥ, 1798,

have the power of judging in this case, and that | precisely to what description of aliens they punishment ought not to depend upon the slow might give a night's lodging, without being liaoperations of a trial. Though possessed of this ble to be arrested as suspected persons. power, the PRESIDENT would doubtless suffer all such persons to remain in this country as demeaned themselves peaceably; but when they discovered a contrary spirit, he would treat them accordingly.

Mr. GALLATIN withdrew his motion for committing the whole bill, and moved to commit the third section of it. His arguments, he said, went wholly against that; and gentlemen, in reply to him, had chosen to direct their observations to other parts of the bill. As he did not wish his object to be misunderstood, he would only move for a recommitment of the third section of the bill, as his objections to the other parts of it were immaterial when compared with this.

After a few words from Mr. OTIS, Mr. MACON renewed his motion for recommitting the whole bill, which was negatived-37 to 36.

Mr. GALLATIN then renewed his motion for recommitting the third section, which was negatived by the casting vote of the Speaker, there being thirty-eight votes for it, and thirtyeight votes against it.

Mr. BAYARD did not think this amendment necessary, as a citizen must harbor and conceal an alien to be guilty of any offence.

And the question was put and negatived-38 to 83.

The bill was ordered to be engrossed for a third reading to-morrow.

WEDNESDAY, May 23.
Alien Enemies.

The bill respecting alien enemies was read the third time, when

Mr. R. WILLIAMS moved a recommitment of the bill. He said his objections did not lie so much against the provisions respecting aliens, as to the power proposed to be given to the PRESIDENT of issuing proclamations, which are to be binding on the Judges and other officers with respect to our own citizens. He would wish to designate every offence, and its adequate punishment, as far as it could be done. In order to effect this he made his motion.

Mr. SEWALL said, so much discussion took Mr. LYON renewed his motion to strike out place on this subject yesterday, that he did not the words "or threatened," in the first section. expect any more to-day. The gentleman from He thought this too indefinite an expression | North Carolina seemed not to object to the upon which to rest so important a power as was powers given to the PRESIDENT by the first and given to the PRESIDENT by this bill. Where second sections of the bill, but he did not wish the liberty and happiness of thousands of people him to have any officers to execute his powers. are concerned, he wished they might depend If the PRESIDENT could carry the law into effect upon something more certain. Gentlemen who with his own hand, he might do so, but he obadvocate this bill, he said, spoke as if all powerjected to his having any aid from his officers or was to be placed in the PRESIDENT, and Congress were never to sit again. He wished this expression to be stricken out, and if, when Congress met again, they found the PRESIDENT had not power enough, they might give him more. He called for the yeas and nays upon his motion. The question for taking the yeas and nays was put, but less than one-fifth of the members present rising in its favor, it was not carried. The question was then put on the motion, and it was negatived without a division.

Mr. GALLATIN supposed, if these regulations were established, it would be proper that permit should be granted to such aliens as the PRESIDENT should suffer to remain in the United States. He was not immediately prepared to introduce a proper amendment for that purpose; but he would move to add a few words in that part of the bill where it is proposed to punish citizens for harboring aliens, to try the question. He did not very well understand the phrase, "liable as an enemy," by which those aliens were defined, and whom it would be criminal by this law to harbor; but he would move to introduce the words, "who shall not have obtained permission, under the authority of the PRESIDENT OF THE UNITED STATES to remain within the territory of the United States." He moved this, in order that citizens might not be entrapped by this law, but that they should know

the people at large. He did not believe this kind of reasoning could have any effect in this House. If the PRESIDENT is authorized to issue orders, he must be authorized to require the aid of proper persons to execute them.

Mr. GALLATIN called for the yeas and nays upon this question, which, being agreed to, he hoped this bill would be recommitted. He had no doubt that the committee, by paying due attention to the subject, instead of this general and vague bill, might report such rules and regulations as would be proper to be adopted on this occasion. He recollected seeing a bill from the Senate on this subject, in which something of this kind was done; and though he did by no means approve of that bill, yet it showed that the thing was not impossible. The objection made against a recommittal of this bill, was, that it was necessary to do something to provide means for securing and removing alien enemies, which did not apply as an argument against the recommitment of the bill. It was a good reason why a bill should be passed, but no reason why it should pass in its present form. The present bill, Mr. G. said, was grounded upon the principle that the PRESIDENT OF THE UNITED STATES shall have the power to do by proclamation what ought only to be done by law.

In the first place, the Proclamation of the PRESIDENT is to determine the period when for

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[H. OF R.

may befall our citizens in France, he would say the words are useless, and this for a plain reason; for, out of the natives of France in this country, ninety-nine out of an hundred are of that description of persons whom the French call emigrants, and it is therefore perfectly immaterial to the French nation how they are treated; so that the bill could operate only on a dozen or two of persons of a different description who may be in this country.

He

eigners not naturalized shall be liable to be apprehended, restrained, secured, and removed as alien enemies. Mr. G. understood what was meant by apprehending alien enemies, and securing them, but he did not understand the word "restraining;" it was vague, he said, in its nature, and he did not know that it was a legal phrase. The committee could themselves explain it. By the bill from the Senate, it was intended to confine them within the place where they reside; perhaps this was their idea. The bill goes further: they are not only liable to be apprehended, restrained, secured, and removed, but "to be subject, with their goods and effects, to a just retaliation of any unusual severities, straints, and confiscations, which shall be suffered by the citizens of the United States resident within the territory of the hostile nation or Government, and inflicted by their authority." Mr. G. wished to have explained what was meant by" unusual severities." They must mean something more than confiscations-than apprehending, restraining, or removing-because they are specifically provided for. He wished, there-mer occasion, when the question of sequestration fore, to know what these unusual severities were which, upon our own ideas of Government, we could retaliate? If any other severities besides those which are here enumerated were to be inflicted upon our citizens in France, he thought it would be disgraceful to that country, and he could not believe that either propriety or justice would warrant us committing a disgraceful act against the citizens of another nation, because that nation had committed a disgraceful act upon our citizens in their country.

In the next place, with respect to confiscations, which by the next clause are so limited as to become sequestrations, it would be wrong to give this power to the PRESIDENT. An article is inre-serted in the British Treaty expressly to declare that sequestrations are impolitic and unjust in every case, and providing against them. admitted that it might be necessary to resort to them on some occasions, because he believed there might be cases where sequestration would be necessary, by way of indemnification; but what he insisted on was, that it ought to be done by law, and not by the PRESIDENT. On a for

[Mr. SEWALL rose to explain, but the SPEAKER said, the rule which declares no member shall speak more than once to a question would not permit him.]

was before Congress, the power was not proposed to be left at large with the PRESIDENT, but was to be regulated by law.

There was another circumstance which showed how easy a thing it would be to pass a law themselves, instead of leaving every regulation relative to this subject with the PRESIDENT. About the middle of the second section it is said, "where no treaty exists, a reasonable time shall be allowed, which shall be ascertained and declared by the PRESIDENT, or by the Congress of the United States." This was a kind of double legislation which was new to him. He wished to know what difficulty there would have been in defining the time here referred to in this bill? Mr. G. did not know whether these words It appeared to him the right and proper time to "unusual severities" were not intended to be do it. From the moment that the resolution held in terrorem over the conduct of France. came before the House, he was ready to acIf so, he did not think it a very creditable pro-knowledge that the power of regulating this ceeding. But he believed that part of the bill perfectly useless, for two reasons: First, it is extremely doubtful whether the PRESIDENT Or THE UNITED STATES could constitutionally exercise those "unusual severities," which this bill says he may exercise; and with respect to confiscation, it was explained by a subsequent part of the bill to be only a sequestration till the next meeting of Congress, and he therefore conceived this part of the bill to be of no use, except to train our code of law in a manner expressly contrary to the spirit of our constitution, which expressly declares no "cruel or unusual punishments" shall be inflicted.

But, supposing the words only held out in terrorem, he wished to know how they would apply, whether it was to make a part of our permanent law, whether it is suited for the present time only. If it were not to make a part of our permanent system-and he thought no gentleman would say it ought-then it must be on account of our present situation. As to our present situation, in relation to any thing which

business was in the power of Government, as it was a power possessed by every nation, which it had a right to exercise for its own security; but it ought to be exercised according to law. In some countries, indeed, this power is vested in the Executive. In France, he believed, it was wholly so, and in England in a great degree; but in this country he trusted that this House would be of opinion that Congress is the proper body to regulate so important a measure.

But the evil, Mr. G. said, did not stop here, it extended to all the citizens of the United States. The object of the last section provides that justices, judges, marshals, sheriffs, and the people at large shall perform a duty which is undefined. But the gentleman from Massachusetts says this is right, because the power given to the Executive by this bill is also undefined. This is the foundation of all the objection made to this bill; it is to the want of legislation in it, which leaves not only alien enemies, but citizens of the United States, to the will of the PRESIDENT.

But he would go farther, and say it is impos

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Instructions to Armed Vessels.

[MAY, 1798.

sible to define the duties of our own citizens, | Chauncey Goodrich, Roger Griswold, Robert Goodloe though the two first sections of the bill should be Harper, Thomas Hartley, William Hindman, Hezekiah left at large as they are. By the present bill, the L. Hosmer, James H. Imlay, John Wilkes Kittera, duties of justices, &c., are to be regulated by the Samuel Lyman, William Matthews, Daniel Morgan, Proclamation of the PRESIDENT. He could con- Lewis R. Morris, Harrison G. Otis, James Schureman, ceive that the House might take into consider- Samuel Sewall, William Shepard, Thomas Sinnickson, ation the nature of the powers vested in the Samuel Sitgreaves, Nathaniel Smith, George ThatchPRESIDENT, and inquire what will be the duties linghast, John E. Van Allen, Peleg Wadsworth, and er, Richard Thomas, Mark Thompson, Thomas Tilrequired to be performed by the several officers John Williams. of the Government to carry into effect those powers. Those powers are to apprehend, restrain, secure, and remove alien enemies, and to sequester their property. As to the removal of aliens, he could not see what justices and judges had to do with it; but if they had any thing to do with it, Congress ought to say what. They might say what should be the duties of judges or justices, or of Executive officers in the several cases which may be likely to occur, instead of leaving the thing wholly at large.

The last part of the 3d section, he said, was as objectionable as any other. It defines the crime in two words, "harboring and concealing," and the penalty, if found guilty of this vague and uncertain charge, is imprisonment not exceeding seven years, and a fine not exceeding one thousand dollars. So that if a person be found guilty of harboring and concealing an alien enemy, however trifling the expense may be, his punishment will be left wholly to the discretion of the court. The only power of the jury will be to decide on the fact; and if a citizen has harbored for one night, however undesignedly, an alien enemy, he must be found guilty, leaving it altogether to the court to judge of the criminality of the act, and to affix the degree of punishment. He thought this part of the law ought to be better defined. It ought to distinguish between cases of misdemeanor and those which might arise from ignorance, and in which no offence at all might exist. He hoped, therefore, the bill would be recommitted.

The question on recommitting the bill was put and carried-46 to 44. The yeas and nays were

as follow..

YEAS.-Abraham Baldwin, David Bard, Lemuel

Benton, Thomas Blount, Richard Brent, Nathan Bryan, Stephen Bullock, Dempsey Burges, Thomas Claiborne, William Charles Cole Claiborne, John Clopton, Thomas T. Davis, John Dawson, George Dent, Lucas Elmendorph, John Fowler, Albert Gallatin, James Gillespie, Andrew Gregg, William Barry Grove, John A. Hanna, Carter B. Harrison, Jonathan N. Havens, Joseph Heister, David Holmes, Walter Jones, Matthew Locke, Matthew Lyon, James Machir, Nathaniel Macon, Blair McClenachan, Joseph McDowell, John Milledge, Anthony New, Josiah Parker, John Read, William Smith, Richard Sprigg, jr., Richard Stanford, Thomas Sumter, Abram Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, Abraham

Venable, and Robert Williams.

NAYS-John Allen, George Baer, jr., Bailey Bartlett, James A. Bayard, David Brooks, Christopher G. Champlin, John Chapman, James Cochran, Joshua Coit, William Craik, Samuel W. Dana, John Dennis, William Edmond, Thomas Evans, Abiel Foster, Dwight Foster, Jonathan Freeman, Henry Glenn,

Mr. SEWALL, Mr. DANA, Mr. IMLAY, Mr. S. SMITH, Mr. JOSIAH PARKER, Mr. BROOKS, and Mr. RUTLEDGE, composed the committee.

FRIDAY, May 25.

Instructions to Armed Vessels.

Mr. SEWALL, from the Committee for the Protection of Commerce and the Defence of the Country, to whom was referred Mr. SITGREAVES' resolutions for instructing the commanders of our public and private armed vessels, and also the bill from the Senate for the further proteotion of the commerce and coast of the United States, reported it as the opinion of that committee that the bill from the Senate ought to be agreed to by the House.

The report was twice read, and ordered to be committed to a Committee of the Whole.

On the SPEAKER's asking for what day this bill should be made the order, Monday, to-mor row, and to-day, were named.'

The question was first taken on Monday, and negatived-43 to 37.

The question was then put upon to-morrow. Mr. GALLATIN hoped this bill would be made the order for to-morrow, as the bill had only been printed this morning, and the report but this moment made. It would. be a very extraordinary proceeding to make this very important bill the order for this day.

Mr. J. WILLIAMS said, this was a very extraordinary case. When we learn every day that our vessels are taken by the French cruisers, without any cause whatever, it is necessary to act with decision. This day had been spent on a very trifling business compared with this, and he hoped the House would sit until this bill was gone through.

Mr. MCDOWELL hoped this bill would be made the order for to-morrow, as it had only been laid upon the table this morning, and few gentlemen had yet turned their attention to it. Besides, the usual hour of adjournment is arriv ed, and he hoped gentlemen would not insist upon hurrying so important a bill through the House in this manner. The gentleman from New York remarked that the House had been engaged in trifling business all the day; but, he observed that gentleman sat very contentedly under the discussion, though he now seems so desirous of expediting this business.

Mr. SEWALL was impressed with the necessity of passing this bill as soon as possible. If the committee had thought they might with propriety have taken time to deliberate upon this subject, they would not have made this report,

MAY, 1798.]

Protection of Commerce.

[H. OF R.

but have taken into consideration the resolution | resolved itself into a Committee of the Whole which had been referred to them with this bill; on the said bill, Mr. DENT in the chair. The but finding it necessary that our armed vessels bill having been read,* should receive their instructions immediately, Mr. MACON rose and observed, that he wished that they may go out and take the vessels on to amend both the bill and the preamble to it, the coast, or drive them off, they made this re- and desired the Chairman to say which it would port, intending hereafter to report farther upon be in order to move first. The Chairman havthe subject. But the present measures they ing answered that it would be most regular first thought necessary, from the peculiarity of our to amend the bill, and then the preamble could present situation; the dangers attending which be made conformable to it, Mr. MACON moved the people without seemed to be fully persuaded to strike out the word "such," in the enacting of. And as this subject had been fully discussed clause (the effect of which was to make the on the resolutions which had been before the instructions given to the commanders of our House, he hoped the bill would be immediately vessels general against all cruisers, as well as taken up; as he wished to provide without de-against the French.) His reason for making the lay for the defence of our coast as far as our motion was, that if this bill must pass, it might force would permit. be general against all nations who commit depredations upon our commerce, for it was a fact well known that France is not the only nation which does this. It was his opinion, that before any measure of this kind was taken, we ought to know the result of our mission in France; for, however slender our expectations of an accommodation may be, still those expectations ought not to be abandoned, until we are certain our Commissioners have left Paris, without being able to accomplish their mission.

Mr. MACON said, it was very extraordinary indeed, that gentlemen should wish to hurry this bill through the House in the way proposed. It appeared as if they were afraid of any thing coming from our Commissioners before they got the country in war. Being now the usual hour of adjournment, it could not be expected that if the House went into this bill, that any debate could take place. Indeed, gentlemen seemed to wish to prevent debate as much as possible; a few days ago, they had got a rule passed that no person should speak more than once to any question, and now by moving to go into a Committee of the Whole, at the hour of adjournment, they wish to prevent them from speaking once, and that upon a bill which will certainly place the country in a state of war. He thought a regard to decency ought to prevent gentlemen from pushing this motion.

Mr. LYON called upon gentlemen to consider the importance of this bill. He considered it as a declaration of war as it now stands, and he hoped time would be given to consider whether some amendment could not be introduced into it, so as to prevent its being so considered. At present, he believed, it was directly in the face of the laws of nations. He was desirous of avoiding war if possible. His constituents also wished it. He had received at least two hundred letters requesting him to do all in his power to prevent it. Indeed, he was afraid of the consequences of war; he was afraid it might produce even a dissolution of the present Government.

Mr. BRENT was proceeding to express his astonishment at the conduct of gentlemen in wishing to press so important a subject upon the House, while members were impatient to adjourn, when,

Mr. SEWALL rose and withdrew his motion, and the bill was made the order of the day for to-morrow.

SATURDAY, May 26.

Protection of Commerce.

Mr. SEWALL called for the order of the day on the bill from the Senate for the more effectual protection of the commerce and coasts of the United States; and the House accordingly

Mr. M. believed it could not be doubted by any one, that, if we had thought a state of war preferable to the state in which we had been placed for some time back, we had had sufficient provocation from more than one nation to have declared war long ago. Indeed he looked upon this bill as a declaration of war in substance; he saw that this was the situation to which measures were progressing, but he could not have expected that gentlemen would have proposed a measure of this kind whilst our Commissioners were yet in Paris. It was his opinion, however, that, disagreeable as our present situation may be, it is much preferable to a state of war; for, notwithstanding all the losses which our merchants have sustained, our trade and our revenue are continually increasing.

In the part of the country from whence he came, Mr. M. said, the price of produce is now higher than it has been for some time past. But, in the case of war, it would fall, of course.

Notwithstanding all the evils which he was sensible must attend on a state of war, when he found our Commissioners had left France, and no hope of accommodation remained, he should

* Whereas, armed vessels sailing under authority, or pretence of authority, from the Republic of France, have committed depredations on the commerce of the United States, and have recently captured the vessels and property of citizens thereof, on and near the coast, in violation of the law of nations, and treaties between the United States and the French nation: Therefore,

Be it enacted, &c., That it shall be lawful for the President of the United States, and he is hereby authorized, to instruct and direct the commanders of the armed vessels belonging to the United States, to seize, take, and bring into any port of the United States, to be proceeded against according to the laws of nations, any such armed vessel which the coasts of the United States, for the purpose of commitshall have committed, or which shall be found hovering on ting depredations on the vessels belonging to citizens thereof; and, also, to retake any ship or vessel, of any citizen or citizens of the United States, which may have been captured by any such armed vessel.

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Protection of Commerce.

[MAY, 1798.

not hesitate to join gentlemen in any measures This being the case, he asked gentlemen which which shall be necessary to meet a state of war. they would choose? Whether they would Mr. MCDOWELL said, the gentleman from South suffer themselves to come under the power of Carolina had dwelt much upon the inconsistency the French nation, or repel force by force? of the present motion. He himself could not see He did not believe any gentleman would say any in it. He had insinuated that the mover we ought not to embrace the latter. and seconder of it must be blinded by prejudice At a time when the enemy's vessels are within and governed by passion; that, instead of going our own jurisdiction, are we to withhold the to war with one nation, it would be going to necessary instructions to the commanders of war with three, and that before we remonstrate our vessels ? He hoped not. Not that he with them, or request them to desist from their would go hastily into war; but have we not, he practices; that we have been attempting to get asked, been in war for a long time?—a war on redress from France for eighteen months past one side, and total submission on the other. without effect, but that no attempt has been Yet the House are now called upon to postpone made to negotiate with England or Spain on the the consideration of this question, lest it should subject of their depredations. In this the gen-produce war. The only way to prevent a war, tleman from South Carolina was certainly mis- he believed, was to be prepared to meet it. If taken. He knew we had lately concluded a spirited measures had been taken during the treaty with England, which had been constantly extraordinary session of Congress, he believed violated; and what faith, Mr. McD. asked, could be placed in a nation which one day makes a treaty, and the next violates it? The same remark would apply to Spain, so far as they have depredated upon our commerce.

Mr. McD. said, he had all along declared himself opposed to war, or to any measures which would lead to it, and he still held the same opinion. He had no prejudice against or in favor of any nation whatever, except so far as their conduct towards this country was friendly or otherwise; and he could see no reason for giving instructions to the commanders of our vessels to seize and bring in the vessels of one country which may commit depredations upon our commerce, and not those of another. He was himself opposed to the bill altogether; but, if it must pass, he wished to make it contain as little mischief as possible, and he thought by striking out the word "such," and by that means making it general, France could not take the same offence at it; as the bill now stood, it was tantamount to a declaration of war.

Mr. J. WILLIAMS was in hopes, when the gentleman from North Carolina first made his motion, that the opposition which he had heretofore shown was done away, and that the bill was only objected to because it was not general; but now it appears that gentlemen are opposed to the bill altogether. He had hoped when gentlemen had reflected upon what had taken place, even within our own jurisdiction, that there would not have been a single dissenting voice in the committee. Gentlemen allege that this measure will lead to war; but he would ask whether other neutral nations had not taken measures fully as strong as this, without producing war? For his part, he supposed it might have been better if this country had gone into this system of defending our commerce. He was opposed to it for a considerable time. He was in hopes of a reconciliation taking place; but he had been deceived from time to time, and, instead of any appearance of accommodation, every day brought information which convinced him that, except we meant to submit altogether, we must defend ourselves.

it might have prevented the loss of property to the amount of twenty millions of dollars, and the necessity of a war. But Congress had gone on, from time to time, saying, we will wait for this, that, and the other, and it will, in all probability, prevent war. This conduct had produced the greatest difficulties, and yet gentlemen wish to go further in the same course. The enemy's vessels, he understood, are within the Capes, and he supposed gentlemen would wait till they came up to the city, before they would take any means to oppose them. He believed it was high time to say, "We will not submit," and to prepare to repel the repeated aggressions of our enemy.

Mr. SHEPARD observed, that much had been said on this bill, and on the resolutions on the same subject, which were referred to the same committee. Members differed in opinion very materially as to the proper mode of conducting our affairs at this important crisis; but he could see no reason for deferring vigorous measures any longer, as he did not see the least ground of hope for a reconciliation; it was, therefore, idle to dispute about it.

But gentlemen decline taking this measure, be cause they are apprehensive it will irritate the French nation. Mr. S. believed this country could do nothing to alter the conduct of the French nation towards us, except it were by giving them money. There could be no doubt, he said, but the French meant to subjugate this Government, and to lay the United States under contribution. Every newspaper told them this; yet some gentlemen seem opposed to every thing intended to resist their doings, or even to tell them they have done wrong. For his part, he believed that nation had been boiling over with madness for two years past, and that they are totally void of every virtue.

They have told us, said Mr. S., in plain terms, they mean to subjugate us. They say they have a strong party in this country, and that they understand diplomatic agency as well as any other nation. This he believed, as he saw they had effectually used that power in subduing every country in Europe that they had

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