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with at least three-fourths of the commercial world. I have before me those Orders in Council; the only restrictive clause is in the following

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"His Majesty is therefore pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, that all the ports and places of France, and her allies, or of any other country at war with His Majesty, and all other ports or places, from which, although not at war with His Majesty, the British flag is excluded; and all ports or places in the colonies belonging to His Majesty's enemies, shall from henceforth be subject to the same restrictions in point of trade and navigation, with the exceptions hereafter mentioned, as if the same were actually blockaded by His Majesty's naval forces in the most strict and rigorous manner.' As much as I condemn and feel disposed to resist these arbitrary regulations, they certainly do not interfere with, or in any respect embarrass our trade to Hindostan, China, Java, Sweden, Gib raltar, England, Portugal, Sicily, the whole extent of the Mediterranean and Atlantic coast of Africa, Arabia, the Western Isles, and Madeira, Nova Scotia, Canada, the Spanish, Swedish, and British West Indies, the Floridas, Brazils, and all the rest of South America, except Cayenne, as likewise the Northwest coast of America. These countries, too, as will appear by the last report of the Secretary of the Treasury, receive annually nearly four-fifths of the whole native exports of the United States, and are certainly, none of them, notwithstanding what has been said by the gentleman from Maryland, (Mr. SMITH,) within the purview of the British Orders of Council. That gentleman, when on this part of the subject, I will do him the justice to acknowledge, told us he had risen in great haste, and was unprepared; and, indeed, sir, it would require great haste and great want of preparation to justify some of the statements made by the gentleman to the Senate. Among other things equally extravagant, he told us, in the face of the British Orders of Council, I have just read, that we were now interdicted by those orders from any trade with Spain or Portugal; and, after referring to Mr. Canning's reply to the committee of merchants viz: "That neutrals were not now excluded from the ports of Portugal and Spain by those orders," triumphantly asked us to tell him, as lawyers, whether, if a vessel engaged in that trade was carried into a British Court of Admiralty, she would be tried by Mr. Canning's conversation with the merchants, or according to the law of the land? 1 answer the gentleman, not as a lawyer, but as a man of common sense, that she would be tried according to the law of the land. And I wonder it had not occurred to that gentleman, as a man of common sense, that, according to the law of the land, she must be acquitted. Sir, the express language of these orders is, "that all the ports and places of France and her allies, or of any other country at war with His Majesty, and all other ports or places in Europe, from which, although not at war with His Majesty, the British flag is excluded," &c. And will the gentleman undertake to say here, that Spain and Portugal

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SENATE,

are now the allies of France, or that the British flag is now excluded from their ports? No, sir. The gentleman knows they are, at this moment, waging a most exterminating war with France, in defence of their very existence; and that they der the British flag. There is no man who can derive their principal support and subsistence unread and understand plain English, and shall examine these orders, but will tell you in a moment that the ports of Spain and Portugal, so far from being within their spirit, are not now even within the letter of them. But, independent of this, there was a special proclamation of the King, dated on the 4th of July last, notifying to the world that the blockade no longer existed as to the ports of Spain. The advices the gentleman has been pleased to detail to us, as received in private letters from Europe, I shall take no notice of; they are entitled to none, unless he will first submit those letters to the Senate, and then we shall give to the information they contain, that weight to which the characters of his correspondents, and their means of acquiring correct information may entitle it.

Gentlemen, by turning to the last report of the Secretary, to which I have before referred, and I wish them to examine for themselves, will find, that of the $48,699,592 worth of produce and other merchandise, the actual growth and manufacture of our country exported from the United States in 1807, we sent

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To England and her dependencies in Europe,
Asia, Africa, and America
$27,917,077
To Spain and her dependencies in Eu-
rope and America -

To Portugal and her dependencies in
Europe and America

To Sweden and Swedish West In

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3,998,575

1,399,616

472,666

1,9.9,908 $35,707.842

Almost four-fifths of the whole native exports of the United States for that year, which we might export nearly as safely now as then, but for the embargo; for it cannot, it certainly will not, be now contended, that any part of this commerce is embraced by the British Orders of Council; and the French decrees in relation to it, from a total inability to execute them, are a mere nullity. It is not, therefore, as has been said, the decrees and orders of foreign Powers that have reduced our country to its present distressed and embarrassed condition. It is our own folly, the embargo, that now palsies the labor, the energies, and enterprise of our citizens, and locks up more than thirty-five millions of dollars, the native produce of our country, to perish and sink upon our hands. I want to hear, sir, for I have not heard yet, how this enormous, this unnecessary, and ruinous sacrifice of individual and national wealth, can be justified to the public. There is

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no man who holds more indignantly than I do, those French Decrees and British Orders; but, before my Ged, I do most religiously believe that the embargo is a thousand times more injurious to our country than they both could be rendered. Instead of availing ourselves of the immensely extensive and valuable commerce now open to us, with at least three-fourths of the commercial world, it has now become a great favor, if we can be permitted, by the President and his gunboats, to sneak along shore, from one of our ports to another, with as much flour and pork as we can eat on the passage.

Sir, this is the next commercial country in the world to England; we are, in fact, in this respect, their only competitors, and while, as at present, they have an opportunity of monopolizing all the commerce of the world, do you believe they will ever ask you to take off the embargo laws? No, sir. This would be an act of maduess in them, equal almost to our continuing them. They do not wish to meet upon the ocean again their industrious and enterprising rivals. They are, no doubt, pleased to see us shackling and crippling

ourselves.

NOVEMBER, 1808.

adopt; there is marked a safe, a high, and an honorable course, that, if pursued, without, I believe, endangering our peace, would add alike to our national character and our national wealth. It has been well observed by the gentleman from Virginia (Mr. GILES) that it was time we had become a nation, that we were nationalized. The sentiment was worthy of that gentleman, and one to which I entirely subscribed. But is the system of which this measure is apprehended by many to be but the commencement, calculated to nationalize? No, sir; much better calculated, I fear, to estrange the extremes of the Union from each other, and to familiarize our ideas to an event, that I deem it almost treason to think of, and that every honorable and patriotic American must view as the most calamitous curse that could be forced upon this country. I beseech gentlemen, therefore, to beware how they press this system too far. There is a section, a very respectable and powerful section of this country, that, with commerce, is rich and happy; deprived of that commerce a large portion of its population must starve. That population expect, and, as a portion of the community, have a right Much has been said by the gentleman from to expect, that their only means of subsistence Maryland (Mr. SMITH) on the subject of tribute, will be fostered and defended, and not sacrificed and in a manner I do not well understand, unless to manufacturing whims or local prejudices. I it be to retort upon the gentleman his own lan- do not mean to intimate that the embargo grew guage, ad captandum. I wish it, however, to be out of either of these causes; but the continudistinctly understood, that no part of the com- ance of it at present, under existing circumstanmerce, I have undertaken to show the United ces, after the galling experience we have had, and States might now carry on, would be subject to when it can obviously produce nothing but disany tribute. I wish it to be further understood, tress and embarrassment to ourselves, may engensir, that I would not only see this country clad in der and nurture jealousies that, perhaps, time homespun, but covered in sackcloth and ashes, will not allay. I believe the people of this counrather than that she should consent to pay tribute. try will submit to any privations for the public I would see every commercial city upon our good, but they must first be convinced that the shores, and every rag of canvass we hold in public good requires the sacrifice. It must, it will flames. I would see our soil smoking with the astonish every unprejudiced and reflecting man best blood of its inhabitants, and the bones of our in the community, if this ruinous measure be percitizens mingled with the ashes of their dwell-sisted in, after the experience we have received, ings, rather than see this people submit to pay tribute to any nation on earth. I trust there is not in either House a member who would not sooner risk his life, and spill his blood, than give a vote that should reduce his country to a condition so slavish and degrading. And I hope, Mr. President, that no insinuation has or will be made here calculated even to intimate an idea that the gentlemen of this body who may vote for the repeal of the embargo laws, would subject this nation to tribute. Such an insinuation would not only be unfounded, illiberal, and derogatory of this floor, but, in other respects, highly unjustifiable.

It has been asked by the gentleman from Kentucky, why do not those who oppose the embargo propose some substitute? Certainly it cannot be expected of us to offer ourselves as the pioneers of this Administration; but, in reply to the question, I will refer gentlemen to a confidential letter, submitted to the Senate a few days past: gentlemen need not be alarmed, I am not going to tell what that letter contains. If any substitute be necessary, in that is pointed out the one I would

and when we have before us the most conclusive and irresistible evidence to show that it is utterly inadequate to the accomplishment of any of the objects for which it was said to be intended. And conduct that cannot be accounted for on any reasonable ground, is apt, however unjustly, to be attributed to unworthy motives. I trust, therefore, that gentlemen, on their own accounts, will not reject this resolution; that they will, at least, first deliberate and look to consequences; that they will feel well the public pulse before, by this rash prescription, they stagnate the national blood.

Mr. MOORE said he was not a little surprised to hear insinuations of the disaffection of any portion of the people of the United States; but the Senate was now called upon to beware how they drove the people of the Eastern States to rebellion. The Councils of the United States were not to be inflamed by these suggestions; he could not believe them to be well founded; he could not believe that the citizens who, in our Revolution, exhibited such incontestable marks of patriotism, under the privations which the peculiar

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situation of our country rendered necessary, would now revolt against the Government which they themselves had constituted. He held no such opinion. On the contrary, he believed that they would unite with their fellow-citizens who were sufferers in the common cause with themselves, and unite every effort to maintain that independence they had assisted to gain.

The publications throughout the United States, and thence in England, that the embargo could not be maintained, have induced the belligerents to believe that we wanted energy, and that we are too fluctuating in our councils to persevere in a measure which requires privations from the people. Under these circumstances, it appears to me that the embargo has not had a fair trial. I have ever been of opinion that the only warfare which we could ever carry on to advantage, must be commercial; and, but for evasions and miscalculations on our weakness, we should before this have been suffered to pursue our accustomed trade.

SENATE.

we tamely acquiesce, have we reason to expect that she will not, as long as she is a nation, exercise the same policy? Suppose it even to be policy, adopted in time of war, if we calculate the number of years she is in war in proportion to the number of years she is at peace, and suppose such a regulation to exist during all her wars, I conceive that we have lost our independence, if The gentleman from Connecticut had asked, if we submit for it. It appears to me that, for many the embargo had been productive of the conse-years, Great Britain has adopted new regulations, quences expected to result from it when passed? and added new principles to the established law Had it not been more injurious to the United of nations, to the subversion of lawful neutral States than to foreign nations? It is certainly commerce. It cannot be doubted then, that if it true (said Mr. M.) that it has not been produc- be in her power she will totally destroy it. tive of all the effects expected by those who were I am not competent to enter into examination its advocates when it passed, but it has not had a of the private evils or benefits resulting to comfair experiment. The law has been violated, and merce from the measure of the embargo. But I an illicit commerce carried on, by which the bel- will state a point which, in my mind, is all imligerents have received such supplies as to have portant in this case: When the Revolutionary partially prevented its good effects. war commenced, it was not merely the paying a small duty on tea which was the subject of contest, for it was considered as unimportant; but it was the right of Great Britain to impose a tax without our consent. This is the question now in contest, affecting our independence, as in for- . mer times it affected our rights. It is a question affecting our very existence as a nation. If this embargo be removed, and that is the only question now under consideration, no gentleman in the opposition has stated what he would wish in its room. Therefore I shall take the question on the ground of acquiescence on the part of the United States in the Orders of Council. Then, I It has been asked whether the embargo has not ask, will the United States so far abandon their operated more on the United States than on the independence as to subject themselves to the regEuropean Powers? In estimating this, it will ulations of Great Britain and France, and be dicbe proper to take into consideration the evils pre- tatorially told that they shall trade to such and vented, as well as the injury done by the embargo. such places only? Shall we admit the right of If the embargo had not passed, is it not certain foreign Powers to restrict us? If we do, with that the whole produce of the United States what propriety can we at any future day contest would have invited attack and afforded a bait to the principle? In my mind this is the important the rapacity of the belligerent cruisers? If a point, and I still remain to form my opinion whefew have accidentally escaped them, it is no evi- ther the embargo is the very best measure that dence that, if the embargo had not been laid, the could be adopted. Yet, to show to the world that whole would not have been in the hands of the I will not surrender my rights, that I will strugbelligerents. That both belligerents have mani-gle for our independence, I shall certainly vote fested hostilities by edicts which prostrated our commerce will not be denied by any gentleman. Great Britain, on a former occasion, passed an order, sent it out secretly, and before our Minister was officially notified it was in full operation. Their late orders included all our commerce which was afloat. Was it not to be expected that such would have been the policy of Great Britain in this case, and such our proportionate loss, if the embargo had not been laid, and thus snatched this valuable commerce from their grasp?

against this resolution till I see whether anything else can with propriety take its place.

Mr. S. SMITH said he did not rise to go into the discussion, for he had already taken his share in it, but to answer one observation of the gentleman from Delaware. It would be recollected that the gentleman had some days ago called for all the orders and decrees of the belligerents affecting neutral commerce; it would be recollected that the subject had been pressed upon the Senate yesterday, before these documents could have been received; that, at the request of a gentleman from Great inconveniences are apprehended from Massachusetts, the gentleman from Vermont (Mr. this measure, giving another direction to com- BRADLEY) had withdrawn his motion for postmerce, and from our losing that to which we ponement; that the gentleman from Massachuhave been accustomed. I have no such appre-setts had then spoken, and that he (Mr. SMITH) hensions. If, on the contrary, we tamely acquiesce, I will not say in paying tribute, for every one seems to disclaim it-Great Britain, however, having excluded us from the Continent, it

had replied to him. I stated facts as they occurred to me, without paper or document, and asked the opinion of legal gentlemen on the subject of the operation of the Orders of Council on

SENATE.

The Embargo.

NOVEMBER, 1808.

Gentlemen have considered this subject, generally, in a two-fold view, (said Mr. C.) as to its effects on ourselves, and as to its effects on foreign nations. I think this a proper and correct division of the subject because we are certainly more interested in the effects of this measure on ourselves than on other nations. I shall therefore thus pursue the subject.

Spain and Portugal. The gentleman from Dela- represent. It was always the duty of a Repreware has undertaken to decide the question ac-sentative to examine whether the effects expected cording to common sense. Common sense is my from any given measure, had or had not been proguide, sir; and permit me to say that, nine times duced. If this were a general duty, how much out of ten, it is the best guide to follow; and more imperiously was it their duty at this time! though I have heard the opinion of the gentleman Every one admitted that considerable sufferings from Delaware, I have not changed my opinion have been undergone, and much more was now on the subject. I believe that the British will to be borne. now exclude our commerce from those ports, because the act of Parliament making permanent those orders, authorizes the King to modify them, as to His Majesty may appear proper. I asked yesterday whether a proclamation to this effect had been issued by the King of Great Britain? The gentleman says, common sense will give the orders the construction for which he contends. I take the answer of Mr. Canning to the committee of merchants, and bottom my assertion on it. Will the gentleman deny that, before the Orders in Council were issued, we could, under certain restrictions, trade to those countries? Yet, Mr. Canning answers, when asked by these three respectable merchants, who must have had doubts on the subject, or they would not have applied for information, "with American produce they may go.' "If they were, as the gentleman contends, as free to go now as prior to the Orders in Council, why did not Mr. Canning answer that they might go without restriction, instead of limiting the commerce to the carriage of American produce? When Mr. S. SMITH had concluded, the Senate adjourned.

It is in vain to deny that this is not a prosperous time in the United States; that our situation is neither promising nor flattering. It is imposible to say that we have suffered no privations in the year 1808, or that there is a general spirit of content throughout the United States; but I am very far from believing that there is a general spirit of discontent. Whenever the measures of the Government immediately affect the interest of any considerable portion of its citizens, discontents will arise, however great the benefits which are expected from such measures. One discontented man excites more attention than a thousand contented men, and hence the number of discontented is always overrated. In the country which I represent, I believe no measure is more applauded or more cheerfully submitted to than the embargo. It has been viewed there as the only alternative to avoid war. It is a measure which is enforced in that country at every sacriThe Senate resumed the consideration of the fice. At the same time that I make this declaramotion of Mr. HILLHOUSE, made on the 11th in- tion. I am justified in asserting that there is no stant, for repealing the "Act laying an embargo section of the Union whose interests are more imon all ships and vessels in the ports and harbors mediately affected by the measure than the Southof the United States, and the several acts supple-ern States-than the State of Georgia. mentay thereto."

WEDNESDAY, November 23.

THE EMBARGO.

We have been told by an honorable gentleman, Mr. CRAWFORD said that one of the objects of who has declaimed with great force and eloquence the gentleman from Connecticut was, no doubt, against this measure, that great part of the proto obtain information of the effects of the embar-duce of the Eastern country has found its way go system from every part of the United States. into market; that new ways have been cut open, This information was very desirable at the pres- and produce has found its way out. Not so with ent time, to assist the Councils of the nation in us; we raise no provisions, except a small quanan opinion of the course proper to be pursued tity of rice, for exportation. The production of in relation to it. A Government founded, like our lands lies on our hands. We have suffered, and ours, on the principle of the will of the nation, now suffer; yet we have not complained. which subsisted but by it, should be attentive as The fears of the Southern States particularly far as possible to the feelings and wishes of the have been addressed by the gentleman from Conpeople over whom they presided. He did not necticut, by a declaration that Great Britain, say that the Representatives of a free people whose fleets cover the ocean, will certainly find ought to yield implicit obedience to any portion a source from which to procure supplies of those of the people who may believe them to act erroraw materials which she has heretofore been in neously; but their will, when fairly expressed, the habit of receiving from us; and that having ought to have great weight on a Government thus found another market, when we have found like ours. The Senate had received several de- the evil of our ways, she will turn a deaf ear to scriptions of the effects produced by the embargo us. By way of exemplification, the gentlemen in the eastern section of the Union. As the Rep-cited a familiar example of a man buying butter resentative of another extreme of this nation, Mr. C. said he conceived it his duty to give a fair, faithful, and candid representation of the sentiments of the people whom he had the honor to

from his neighbors. It did not appear to me that this butter story received a very happy elucidation. In the country in which he lives there are so many buyers and so may sellers of butter,

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that no difficulty results from a change of purchasers or customers. Not so with our raw material. Admitting that Britain can find other markets with ease, there is still a great distinction between this and the gentleman's butter case. When a man sells butter he receives money or supplies in payment for it. His wants and wishes and those of his purchasers are so reciprocal, that no difficulty can ever arise. But Great Britain must always purchase raw materials of those who purchase her manufactures. It is not to oblige us that she takes our raw materials, but it is because we take her manufactures in exchange. So long as this state of things continues, so long they will continue to resort to our market. I have considered the gentleman's argument on this point as applied to the feelings of the Southern country. No article exported from the United States equals cotton in amount. If then we are willing to run the risk, I trust no other part of the United States will hesitate on this subject.

Another reason offered by the gentleman from Connecticut, and a substantial one if true, is, that this measure cannot be executed. If this be the case, it is certainly in vain to persevere in it, for the non-execution of any public law must have a bad tendency on the morals of the people. But the facility with which the gentleman represents these laws to have been evaded, proves that the morals of the evaders could not have been very sound when the measure was adopted; for a man trained to virtue will not, whatever facility exists, on that account, step into the paths of error and vice.

Although I believe myself that this measure has not been properly executed, nor in that way in which the situation of our country might reasonably have induced us to expect, yet it has been so far executed as to produce some good effect. So far as the orders and decrees remain in full force, so far it has failed of the effect hoped from it. But it has produced a considerable effect, as I shall attempt to show hereafter.

SENATE.

bent of the Presidential palace" would not dare to resort to a direct tax, because a former Administration had done so and felt the effects of it, insinuating that the present Administration did not possess courage enough to attempt it. Now, I ask, if they dare not resort to a direct tax, excise laws, and stamp acts, where will they obtain money? In what way will the public coffers be filled? The gentleman must acknowledge that all our present revenue is derived from commerce, and must continue to be so, except resort be had to a direct tax, and the gentleman says, we have not courage enough for that. The gentleman from Connecticut must suppose, if the gentleman from Delaware be correct, that the Administration seeks its own destruction. We must have revenue, and yet are told that we wish to destroy the only way in which it can be had, except by a direct tax; a resort to which, it is asserted, would drive us from the public service.

But, we are told, with a grave face, that a disposition is manifested to make this measure permanent. The States who call themselves commercial States, when compared with the Southern States, may emphatically be called manufacturing States. The Southern States are not manufacturing States, while the great commercial States are absolutely the manufacturing States. If this embargo system were intended to be permanent, those commercial States would be benefitted by the exchange, to the injury of the Southern States. It is impossible for us to find a market for our produce but by foreign commerce; and whenever a change of the kind alluded to is made, that change will operate to the injury of the Southern States more than to the injury of the commercial States, so called.

But another secret motive with which the Government is charged to have been actuated is, that this measure was intended and is calculated to promote the interests of France. To be sure none of the gentlemen have expressly said that we are under French influence, but a resort is had to the exposé of the French Minister, and a deduction thence made that the embargo was laid at the wish of Bonaparte. The gentleman from Connecticut told us of this exposé for this purpose; and the gentleman from Massachusetts appeared to notice it with the same view.

In commenting on this part of the gentleman's observations, it becomes proper to notice, not an insinuation, but a positive declaration that the secret intention of laying the embargo was to destroy commerce; and was in a state of hostility to the avowed intention. This certainly is a heavy charge. In a Government like this, we Now we are told that there is no danger of war, should act openly, honestly, and candidly; the excepting it be because we have understood that people ought to know their situation, and the Bonaparte has said there shall be no neutrals ; and views of those who conduct their affairs. It is that, if we repeal the embargo, we may expect the worst of political dishonesty to adopt a meas- that he will make war on us. And this is the ure, and offer that reason as a motive for it which only source from whence the gentleman could see is not the true and substantial one. The true and any danger of war. If this declaration against substantial reason for the embargo, the gentleman neutrality which is attributed to the Gallic Emsays he believes, was to destroy commerce, and on peror be true, and it may be so, his Gallic Majesty its ruins to raise up domestic manufactures. This could not pursue a more direct course to effect his idea, I think, though not expressly combatted by own wishes than to declare that our embargo had the observations of the gentleman from Dela- been adopted under his influence. And unless ware, (Mr. WHITE,) was substantially refuted by the British Minister had more political sagacity him. That gentleman, with great elegance and than the gentleman who offered the evidence of something of sarcasm, applied to the House to the exposé in proof of the charge, it would proknow how the Treasury would be filled in the duce the very end which those gentlemen wished next year; and observed that the "present incum-to avoid-a war with Great Britain; for she 10th CoN. 2d SESS.-3

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