= FEBRUARY, 1803.] Mississippi Question. [SENATE. Spain to cultivate a good understanding with this | exports are sold, and will continue to be so, in country. He could give no credit to the sugges- the Atlantic States. The same gentleman (Mr. tion, that the First Consul had required Spain MORRIS) says, we must line our frontier with to take that step. He knew that character too custom-house officers, to prevent smuggling. well to believe that he would attempt to throw If there is any force in what he says upon this a responsibility upon others, for his measures, subject, we ought not only to take New Orleans 1 nor indeed could it be shown that the First and the Floridas, but Louisiana, and all the 1 Consul would be in any way benefited by it; British possessions on the continent. Another he knows the American character too well to reason urged with great earnestness by the genbelieve that any of the reasons that have been tleman from New York, (Mr. MORRIS,) is, that assigned by his friends who have preceded him France, without this acquisition, is too powerin this argument, would form a justification for ful for the peace and security of the rest of the a declaration of war, without a previous demand world-that half the nations that lately existed for a redress of the wrongs that we have sus- are gone that those that are left are afraid to tained. He knows that our countrymen, with act, and nation after nation falling at her noda courage and perseverance that does promise that, if France acquires the Floridas and New success in any war, are at all times ready when Orleans, it will put England and Spain comit is necessary to assert their rights with arms, pletely in her power, giving to those places an but that they will not be employed in wars of importance that they do not merit; and yet that ambition or conquest; and above all, he sees gentleman and his friends have repeatedly asthe folly of going to war with Spain, and taking serted that war would not result from our takfrom her a country that we should be obliged in ing immediate possession of those places; inhonor and justice to give up to the French, deed, they say, it is the only way to avoid perhaps the instant after we had taken posses- war. At one moment the country is representsion of it; for if France would reinstate us in ed as so important as to make the First Consul the rights and privileges that we hold under the sovereign of the world; at the next, we are our new treaty with Spain, I demand of the told that we may take it without any sort of risk, gentleman from New York, if he would wish and without a probability that either France or this country to hold possession against France; Spain will go to war with us for the recovery of and if he would, upon what ground he would a country so all-important to them. In the lanjustify it? guage of the gentleman from Pennsylvania, I say, this idle tale may amuse children, but will not satisfy men. The cession was made to France before the injury done us by the Spanish officer; knowing this, we take the country; upon France demanding it of us, we should be bound by every principle of honor and justice to give her possession, upon her engaging to respect properly our rights. Spain having injured us surely will not justify our committing an outrage of the most injurious and insulting nature upon France. Would conduct like this comport with the gentleman's ideas of national honor, about which we have heard so much in the course of this debate? Can it be, that an act, which, if perpetrated by an individual, would be robbery, can be justifiable in a nation? And can it be justifiable in the eyes of men, who believe there is nothing so precious or important as national honor? Can the use fulness or convenience of any acquisition justify us in taking from another by force what we have no sort of right to? There were not in America men more attached or more faithful to the Government of the United States than they were; and I will venture to predict, from my knowledge of them, that they will be the last to submit to the yoke of despotism, let it be attempted to be imposed upon them by whom it may. If there is one part of America more interested than any other in preserving the union of these States, and the present Government, it is the Western. Important as the Mississippi is to them, their free intercourse with the Atlantic States is more important-all their imports are received through that channel, and their most valuable VOL. II.-44 Mr. PRESIDENT, we have nothing to fear from the colony of any European nation on this continent; they ought rather to be considered as a pledge of the good conduct of the mother country towards us; for such possessions must be held only during our pleasure. Can France, in fifty years, or in a century, establish a colony in any part of the territories now possessed by Spain, that could resist the power of the United States, even at this day, for a single campaign? What has been our progress since the year 1763, in settling our Western country? In forty years, under the most favorable circumstances that a new country could be settled, we have only a population of between five and six hundred thousand souls, and this country is settled by men who knew it perfectly-by men who either carried all their friends with them, or who knew that change of residence would not prevent their frequently seeing and hearing from their nearest relatives. Can it be expected that any country will be peopled as fast, from a nation at the distance of three thousand miles, as our Western country has been? And yet we are taught to be apprehensive of a colony to be landed to-morrow or next day from Europe. Sir, if we are wise and true to ourselves, we have nothing to fear from any nation, or combination of nations, against us. We are too far removed from the theatre of European politics, to be embroiled in them, if we act with common discretion. Friendship with us, is the interest of every SENATE.] Mississippi Question. commercial and manufacturing nation. Our interest is not to encourage partialities or prejudices towards any, but to treat them all with justice and liberality. He should be sorry to reproach any nation-he would rather suffer former causes of reproach to be buried in oblivion; and he was happy to perceive that prejudices which were incidental to the war that we had been forced into in defence of our liberties, with a nation from which we are principally sprung, were fast wearing off. Those prejudices had been very powerfully revived, soon after our Revolution had established our independence, by the aggressions of that nation, in various ways, more flagrant and atrocious than any thing we have to complain of at this day. The gentleman from Pennsylvania said that this is not an apposite case; that at that time there was no blockade. It is true there was not a blockade of one of our ports, nor is there now, (the river Mississippi is open for the passage of our boats and vessels,) but we were injured, in a commercial point of view, in a more material manner than we should have been by the blockade of the Delaware or the Chesapeake; for all the countries (except Great Britain) to which it was desirable for us to trade were declared to be in a state of blockade, and all our vessels going to those countries were subject to seizure. Let gentlemen call to mind what was the conduct of our Government at that time. The House of Representatives had the subject under consideration, when the then President appointed an Envoy Extraordinary to demand satisfaction of Great Britain. What was the conduct of the members of the House of Representatives, who were acting upon the subject, before it was known to them that the Executive had taken any measures to obtain satisfaction for the injury sustained? Did they attempt to counteract the Executive? No; they suspended all Legislative discussions and Legislative measures. And even the injuries done us by the actual invasion of our territory, the erection of fortifications within our limits, the withholding the posts that belonged to us by treaty, and the robbery and abuse of our citizens on the high seas, did not provoke us to declare war, nor even to dispossess the invaders of our territory of what actually belonged to us. The Executive proposed to negotiate, and it was thought improper to obstruct it. How gentlemen who approved of the interference of the Executive upon that occasion, can justify their attempt to defeat the efforts of the present Administration to obtain redress for the injury that we now complain of, they must answer to their consciences and their country. Fortunately for the United States, not only the President, but a majority of both Houses of Congress, upon the present occasion, have put themselves in the gap between the pestilence and the people. If the gentleman from New York had exerted his ingenuity as much to state the grounds upon which an expectation of the complete success of our Envoy might be founded, he would [FEBRUARY, 1804 have been at least as usefully employed for La country as he has been in his atteinpt to shes that it will not succeed, and he would ha avoided the palpable contradictions of his on arguments that he has run into. The gentleme himself, without intending it, has assigned cient reasons why we might expect entire sat faction. He has said, truly, that America, mited, holds the command of the West Indies i her hands. This must be known to all the ntions that have colonies there; it must likevie be known to the proprietors of Louisiana ari the Floridas, that, circumstanced as we at pre ent are, there will be perpetual sources of contention between them and us. Every thing that has happened as to the Mississippi will b reacted as to the great rivers that head in wi is now the Mississippi Territory, and empty themselves into the Gulf of Mexico, after pasing through West Florida. In the infancy di the colonies that may be settled in Florids ar Louisiana, the mother country can count upo nothing but expense, particularly if they are to be the causes of perpetual quarrels with this country. In twenty years, the population of the United States will be nine or ten millions of people; one-third of that population wi probably be on the Western waters. This wil give a force in that quarter of the Union equs. to that with which we contended with Great Britain; and our united force will be such that no nation at the distance of three thousand miles will be able to contend with us for any object in our neighborhood. These considerstions, with a belief that, if we are treated with justice and liberality, we shall never violate the rights of other nations, or suffer ourselves to be involved in the wars that may take place among the great European nations, are arguments that cannot be withstood, if the Governments of France and Spain are in the hands of wise men; for they must see that they have nothing to hope from a contest with us, and that a union of our force with a rival nation would be productive of very serious danger and inconvenience to them. Mr. DAYTON said, he lamented exceedingly the indisposition of the honorable member from Virginia, (Mr. NICHOLAS,) not only because it had compelled him to abridge his arguments, which always entertained, even when they failed to convince, but because to that distrac tion of mind which sickness often produces, could alone be ascribed the doubts expressed by that member, respecting the views of the advocates of the original resolutions. The difficulty of the opposers of the resolutions, would, he said, have been less, if the gentlemen who sup ported them had settled among themselves what was their object, and had ascertained with whom we were to make war. To both these points, Mr. D. said, the fullest and clearest answers had been given. Our object, says he, is to obtain a prompt redress of injuries imme diately affecting our Western brethren, who look to us for decisive and effectual measures, and have told us that a delay of remedy will be FEBRUARY, 1803.] Mississippi Question. [SENATE. But, Mr. PRESIDENT, every other gentleman appears to admit the truth of the prefatory declaration of rights; they admit, too, that if we cannot be possessed of them otherwise, we must seize on them by force; but they refuse to give the means and the power to the President, in whom they have told us, over and over again, they repose implicit confidence. Is any one of the resolutions too imperative on the President, we will agree so to alter as to make it discretionary, if desired by any gentleman on the other side; for without their leave, we cannot now amend our own resolutions. ruinous to them; and our views and wishes are | Maryland could not hope for even that gloomy to take possession of the place of deposit guar- consolation which we heard of on a former anteed by treaty, whether it be in the hands of melancholy occasion. He could not flatter himthe one nation or the other, and to hold it as a self that he and his State would be left to be security that the trade of so important a river the last victim. should not be liable to similar interruptions in future. We are not, as the gentleman from Virginia would insinuate, for rushing into a war, but we are for repelling insults, and insisting upon our rights, even at the risk of one. It was easy to foresee that the opposers of the resolutions offered by the honorable gentleman from Pennsylvania, must resort to other means than fair argument, to justify them in the course which they were about to pursue. Our most precious rights flagrantly violated, treaties perfidiously broken, the outlet or road to market of half a million of our fellow-citizens obstructed, our trade shackled, our country grossly It is my consolation, Mr. PRESIDENT, said Mr. insulted, were facts too notorious, and too out- D., and it ought to be matter of triumph to my rageous to allow them the least plausible ground honorable friend, the mover of these resolutions, of reasoning. Deprived of every other means that, whatever may be their fate, the introducof attack, they have resorted to that of alarm. tion and discussion of them will have produced They charge us with a thirst for war, and enter | no little benefit. They have brought forward into a description of its horrors, as if they sup- gentlemen to pledge themselves, in their speechposed that it was in our power to produce, or es, to employ force on failure of negotiation; in theirs to prevent it. That which requires which, though late, is better than never. They the concurrence of two parties, viz: contract must be allowed the merit, too, of producing or negotiation, they consider most easy; and the resolutions which they offer as a substitute. war, which may always be produced by one These milk-and-water propositions of Mr. party only, they consider as most difficult. BRECKENRIDGE will at least serve to show that Nay, sir, they do what is more extraordinary something should be done, some preparations and unpardonable, they shut their eyes to the made; and therefore even to these, feeble as fact that hostility has already been commenced they are, I will agree, if more cannot be carried. against us. Attacked and insulted as we had But let the relative merits of the two be combeen, do we now, asked Mr. D., call for war? pared. Ours authorize to call out of those Let the resolutions give the answer. They be- militia nearest to the scene, and most interested gin with a declaration of certain rights, indis- in the event, a number not exceeding fifty putable in their nature, indispensable in their thousand, and to give them orders to act, when possession, to the safety, peace, and union of the occasion requires it, in conjunction with the this country. Not a member opposed to us has army and navy; theirs authorize an enrolment controverted them, except the honorable gentle- of eighty thousand, dispersed over the whole man from Maryland, (Mr. WRIGHT.) He denied Continent, without any authority to act with the truth of all except one of them, and even of them, however pressing the danger, nor even to a part of that one. His honorable friends from march them out of their own State. Ours the Western country, who are in the habit of authorize the President to take immediate posacting with him, cannot thank him for such session of some convenient place of deposit, as defence. The formerly well applied words, guaranteed by treaty, in order to afford imme"Non tali auxilio nec defensoribus istis egent," diate vent for the Western produce, and relief must be applicable on this occasion, and it may to our suffering fellow-citizens, and thereby put be as well to leave them with each other to it out of the power of a Spanish Intendant, settle the question of their rights. But there is whether acting from caprice, or orders from his one article of the Maryland member's creed Court, to obstruct so important an outlet; which ought not to escape comment, because, if theirs give no such authority, but leave to the adopted, it would be fatal to the Union. I un- slow progress and uncertainty of negotiation that derstood him, said Mr. D., as stating, that inas-remedy, which, to delay, is almost as fatal as much as the produce which descends the Mississippi bears a proportion of about a twentieth only to the exports of the whole Union, it was not reasonable to expect that the other portion should be endangered to protect that minor part. If maxims like this were to actuate our councils, short indeed would be the duration of our independence. Our enemies would have only to attack us by piecemeal, State by State, to make us an easy prey. The honorable member from to refuse. The question being at length called for, on the motion of Mr. BRECKENRIDGE, for striking out the first section of the resolutions proposed by Mr. Ross, the yeas and nays were required, and stood, 15 to 11, as follows: YEAS.-Messrs. Anderson, Baldwin, Bradley, Breckenridge, Clinton, Cocke, Ellery, T. Foster, Jackson, Logan, S. T. Mason, Nicholas, Stone, Sumter, and Wright. NAYS.-Messrs. Dayton, Hillhouse, Howard, J. Mason, Morris, Olcott, Plumer, Ross, Tracy, Wells, and White. On the question for striking out the remaining parts of the resolutions, the question was also taken, and carried by the same votes on each side. The question being then called for on the adoption of the amendments proposed by Mr. BRECKENRIDGE, the yeas and nays were called for, and the votes were as follows: YEAS.-Messrs. Anderson, Baldwin, Bradley, Breckenridge, Clinton, Cocke, Dayton, Ellery, T. Foster, Hillhouse, Howard, Jackson, Logan, S. T. Mason, J. Mason, Morris, Nicholas, Olcott, Plumer, Ross, Stone, Sumter, Tracy, Wells, and Wright. NAYS.-None. So it was unanimously Resolved, That the President of the United States be, and he is hereby authorized, whenever he shall judge it expedient, to require of the Executives of the several States to take effectual measures to arm, and equip, according to law, and hold in readiness to march, at a moment's warning, eighty thousand effective militia, officers included. Resolved, That the President may, if he judges it expedient, authorize the Executives of the several States to accept, as part of the detachment aforesaid, any corps of volunteers who shall continue in service for such time not exceeding months, and perform such services as shall be prescribed by law. Resolved, That dollars be appropriated for paying and subsisting such part of the troops aforesaid, whose actual service may be wanted, and for defraying such other expenses as during the recess of Congress the President may deem necessary for the security of the territory of the United States. Resolved, That dollars be appropriated for erecting, at such place or places on the Western waters as the President may judge most proper, one or more arsenals. After the question was taken, The resolutions were referred to Messrs. BRECKENRIDGE, JACKSON, and SUMTER, to bring in a bill or bills accordingly. WEDNESDAY, March 2. The VICE PRESIDENT being absent, the Senate proceeded to the election of a President, pro tempore, as the constitution provides, and the ballots being collected and counted, the whole number was found to be 18, of which 10 make a majority. Mr. Bradley had 13, Mr. Morris 3, Mr. Hillhouse 1, and Mr. Logan 1. [March, 1802 March current; and they were read and ordered to lie on file. THURSDAY, March 3. A message was received from the House of Representatives by Mr. NICHOLSON and Mr. RANDOLPH, two of the members of said House in the words following: "Mr. PRESIDENT: We are commanded, in the name of the House of Representatives and of al John Pickering, judge of the district court for the people of the United States, to impeach the district of New Hampshire, of high crimes and misdemeanors, and to acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same. We are take order for the appearance of the said John further commanded to demand that the Senate Pickering, to answer to the said impeachment." THURSDAY EVENING, 6 o'clock. the subject, made the following report, which Mr. TRACY, from the committee appointed on was adopted, and the House of Representatives "otified accordingly : Whereas the House of Represe: latives have this day, by two of their members, Messrs. Nicholson and Randolph, at the bar of the Senate, impeached John Pickering, judge of the district court for the district of New Hampshire, of high crimes and misdemeanors, and have acquainted the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same: and have likewise demanded that the Senate take order for the appearance of the said John Pickering to answer to the said impeachment: Therefore, Ordered, That Messrs. WRIGHT and COCKE be a committee on the part of the Senate, with such as the House of Representatives may join, to wait on the PRESIDENT OF THE UNITED STATES and notify him that, unless he may have any further communications to make to the two Houses of Congress, they are ready to adjourn. A message from the House of Representatives informed the Senate that the House of Repre sentatives concur in the resolution of the Senate for the appointment of a joint committee to wait on the PRESIDENT OF THE UNITED STATES, and notify him of the proposed adjournment of the two Houses of Congress, and have appointed s committee on their part. Consequently, the Hon. STEPHEN R. BRADLEY was elected President of the Senate, pro tempore. Ordered, That the Secretary wait on the PRESIDENT OF THE UNITED STATES, and acquaint him that, in the absence of the Vice President, they have elected the Hon. STEPHEN R. BRADLEY President of the Senate, pro tempore. Mr. WRIGHT reported, from the joint comOrdered, That the Secretary make a like com-mittee, that they had waited on the PRESIDENT OF munication to the House of Representatives. The PRESIDENT communicated the credentials of JAMES HILLHOUSE, elected by the State of Connecticut a Senator of the United States for six years, commencing with the fourth day of THE UNITED STATES, and that he informed the committee that he had no further communications to make to the two Houses of Congress. On motion, the Senate adjourned to the first Monday in November next. MONDAY, December 6, 1802. This being the day appointed by the constitution for the annual meeting of Congress, the following members of the House of Representatives appeared and took their seats, to wit: From New Hampshire.-Abiel Foster and Samuel Tenney. From Massachusetts.-John Bacon, Seth Hastings, Nathan Read, Josiah Smith, Joseph B. Varnum, Peleg Wadsworth, and Lemuel Williams. From Rhode Island.-Joseph Stanton, jr., and Thomas Tillinghast. From Connecticut.-John Davenport, Calvin Goddard, Elias Perkins, John Cotton Smith, and Benjamin Tallmadge. From New York.-Samuel L. Mitchill, John Smith, David Thomas, John P. Van Ness, and Killian K. Van Rensselaer. From New Jersey.-John Condit, Ebenezer Elmer, James Mott, and Henry Southard. From Pennsylvania-Robert Brown, Andrew Gregg, Joseph Heister, Joseph Hemphill, William Hoge, Michael Leib, John Smilie, John Stewart, Isaac Van Horn, and Henry Woods. From Maryland.-John Dennis, Joseph H. Nicholson, Thomas Plater, and Samuel Smith. From Virginia.-Thomas Claiborne, John Clopton, John Dawson, David Holmes, George Jackson, Anthony New, John Smith, and Philip R. Thompson. From North Carolina.—Nathaniel Macon, Speaker, Richard Stanford, and John Stanley. From Tennessee.-William Dickson. From the North-western Territory.-Paul Fearing. Several new members, to wit: SAMUEL HUNT, from New Hampshire, returned to serve as a member of this House, in the room of Joseph Peirce, who has resigned his seat; SAMUEL THATCHER, from Massachusetts, returned to serve as a member of this House, in the room of Silas Lee, who has resigned; and DAVID MERIWETHER, from Georgia, returned to serve as a member of this House, in the room of Benjamin Taliaferro, who has also resigned; appeared, produced their credentials, and took their seats in the House. Hunter, deceased, appeared, produced his credentials, and took his seat in the House. But a quorum of the whole number of qualified members not being present, the House adjourned until to-morrow morning, eleven o'clock. TUESDAY, December 7. Another new member, to wit, THOMAS WYNN, from North Carolina, returned to serve as a member of this House, for the said State, in the room of Charles Johnson, deceased, appeared, produced his credentials, and took his seat in the House. Several other members, viz: from New Hampshire, GEORGE B. UPHAM; from Massachusetts, PHANUEL BISHOP, MANASSEH CUTLER, and WILLIAM SHEPARD; from Connecticut, SAMUEL W. DANA and ROGER GRISWOLD; from Pennsylvania, THOMAS BOUDE; from Virginia, THOMAS NEWTON, jr., and JOHN TRIGG; from North Carolina, JAMES HOLLAND; and from South Carolina, THOMAS MOORE; appeared, and took their seats in the House. And a quorum, consisting of a majority of the whole number of qualified members, being present, the oath to support the Constitution of the United States, as prescribed by the act, entitled "An act to regulate the time and manner of administering certain oaths," was administered by Mr. SPEAKER to the new members. Ordered, That a message be sent to the Senate, to inform them that a quorum of this House is assembled, and are ready to proceed to business, and that the Clerk of this House do go with the said message. WEDNESDAY, December 8. Two other members, to wit: from New Jersey, WILLIAM HELMS, and from North Carolina, WILLIS ALSTON, appearad, and took their seats in the House. THURSDAY, December 9. Two other members, to wit: WALTER BOWIE, A new delegate, from the Mississippi Terri- from Maryland, and THOMAS T. DAVIS, from tory, to wit, THOMAS M. GREEN, returned to Kentucky, appeared, and took their seats in the serve in this House, in the room of Narsworthy | House. |