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peace, nor by sounding the tocsin of war, and making blustering harangues in favor of preparations for national combat. No, sir, I will never descend to this. I would not fall into either of these extremes, so much in fashion in this climate and in this House. My constituents do not expect of me such a course. I will go as far as any gentleman to maintain the American character. I will not be behind any one in supporting, as far as is within my power, the national point of honor. And there is a point of honor among nations as well as among individuals. No matter by what nation insulted, whether France, Spain, or Eng. land, I profess to be an American, and would equally resist, to the last, the encroachments or insults of either: and, in this, I am sure I should be borne out by those who sent me here. But I am unwilling to act longer without knowledge. I have long enough gone in the dark. I am determined to stay my hand. As a Representative, I think I have a right to know why I vote for raising an army. I have heretofore voted for every measure introduced into this House which seemed, in any degree, calculated to place the country in a state of defence. I had a sort of general knowledge of our foreign relations. I knew the whole world was more or less in confusion and turmoil; that this nation had controversies of long standing with Spain, and, of course, with France, and also England; that all these nations were encroaching upon our neutral rights. The affair of the Chesapeake had made a deep impres sion on my mind. Of all these things I had a general understanding, and I every day expected official and more precise information. I placed much confidence in the President; in the Heads of the Departments of War and of the Navy, and in the committee appointed by this House on so much of the President's Message as relates to our Military and Naval Establishments; and in that appointed on so much of that Message as relates to aggressions in our ports and harbors by foreign armed vessels, and to measures necessary for the protection of the same ports and harbors. Those who " saw the whole ground" I concluded would present propositions to the Legislature uniform, consistent, and wise. Being thus impressed, I have therefore given my voice for all propositions in form of preparation for war. had conceived our country in a perilous situation. I gave my vote for the highest sum proposed for fortifications. This, indeed, I would do now. I have always had information sufficient to induce me to do everything in my power to protect our seacoast. Our great cities and seaboard towns ought, forever, to be kept in a state of defence. To erect fortifications to answer this purpose is a work of time. Therefore, in peace is the proper season to do this. I do not, sir, believe in the doctrine of some gentlemen of abandoning, in case of invasion by a foreign foe, our cities and towns on the margin of the ocean, and flying to, and hiding ourselves in the mountains. This, indeed, is a doctrine too monstrous and shocking ever to find many proselytes.

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I even voted for gunboats, and no gentleman,

MARCH, 1808.

I am confident, came here more prejudiced against this kind of utensil of war than myself. But all seemed to agree that a certain number of gunboats, combined with fortifications and frigates, might be used to advantage. I preferred erring on the extreme of having too many to that of not having enough. Besides, I was influenced by a disposition to accommodate, by a spirit of conciliation. There were gentlemen on this floor who had, perhaps, as great an aversion to frigates as I had to gunboats, who proposed a compromise; who gave a sort of pledge, that if the enemies of gunboats would lend their aid in support of them, when the resolution as to building frigates should come before the House, it should receive their support. It will be recollected that, at this time, there was a resolution on your table for the speedy equipment of all the frigates and other vessels of war, and for building number of ships.

But I have now wholly lost my confidence in those who direct or recommend our war measures. There has been exhibited such a want of system, of stability, and consistency; such a miserable fickleness of resolution, that I can no longer rely upon those who mark out our work for us. I must be guided by the lights of my own understanding, such as they are.

On the fourth of December a bill came from the Senate for adding to the Military Peace Establishment above two thousand men. This, after undergoing much discussion in Committee of the Whole and in the House, was permitted to lie upon your table.

On the twenty-seventh of January, the committee relating to the Military and Naval Establishments, reported to this House a bill to authorize the raising an additional army of about twelve thousand men. This, also, after going through the usual course, in committee and in the House, after being debated, and amended in its details, was permitted quietly to rest upon the table.

We

On the twenty-ninth of February, the committee respecting the Military and Naval Establishments, introduced to us a bill intended to authorize the raising a force of about six thousand men. This, in its turn, received much attention and engrossed much time before this House, as well in form of a Committee of the Whole as otherwise. e were, indeed, occupied with it when the present bill came from the other branch of the Legislature, where it originated about the same time that the last mentioned bill was reported in this branch. The bill from the Senate, which is the one now under consideration, was committed to the committee on the Military and Naval Establishments, and by that committee reported to the House.

On the twenty-fifth of January, the chairman of this same military committee reported to us a bill demanding forthwith about twelve hundred seamen. The usual course of legislative proceed ing was departed from; all the rules and order of the House seemed to be dispensed with to ge along with this bill. It was hurried from th House into the Committee of the Whole, an from the Committee of the Whole back to th

MARCH, 1808.

Additional Army.

H. of R.

resolution. It is in these words: "Resolved, That the President be requested to communicate to this House such information touching our foreign relations as he may deem consistent with the public interest, the better to enable this House

House, and passed through all the stages to a third reading in the course of one day. This unusual course was remonstrated against and opposed by the minority, but all in vain. Every motion for time to examine and consider was voted down. There seemed to be an imperious neces-to judge how far the Military Establishment sity for this body of seamen instantly.

The next day the chairman himself moved that the bill might lie on the table. On the third day (the 27th of January) he read in his place a letter from the Secretary of the Navy, in which the Secretary says that he is charged from the President to give information that he does not wish to be empowered to employ more seamen than the number at present authorized by law. I am sure, sir, nobody will be astonished that I am puzzled and confounded by these ever-changing and shifting schemes and proceedings of those who direct or recommend our measures. One day 2,000 men are demanded of us as a military force; the next, 12,000; the third, 6,000. To-day, 1,200 seamen are called for, and such is the immediate occasion for them, that the usual course of deliberate and cautious legislation cannot be submitted to; tomorrow the reporter and advocate of the bill himself requests a postponement, and the day after, we are told from high authority that no seamen are wanted.

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' of the United States ought to be increased.” But it has been said by honorable gentlemen that it was indecorous to call on the President for information. That it was a kind of reprimand. It was dictating to him his duty. Gentlemen seemed to have forgotten the authority that they themselves have given for a procedure of this kind. We have this very session a much stronger case of calling on the President for information. They have given us a precedent that would warrant us in going much further than this resolution goes. I request the attention of the House to their unanimous resolution of the thirteenth day of January last. With leave, sir, I will read it from your Journal: "On motion of Mr. EPPES, and seconded, that the House do come to the following resolution: Resolved, That the Presi'dent of the United States be requested to lay before the House of Representatives all the information which may, at any time from the establishment of the present Government to the present time, have been forwarded to any departI do not know really, sir, for what purpose this ment of the Government touching a combinaforce is to be raised. I do not know the object intion between the agents of any foreign Governview; I do not know whether it be intended to be ment and citizens of the United States for disused against France, or Spain, or England, or to membering the Union, or going to show that be distributed on our frontiers with our Peace Es- any officer of the United States has, at any time, tablishment; or whether it be calculated to quell corruptly received money from any foreign Govan apprehended insurrection in our own country. ernment or its agents; distinguishing, as far as In fact, sir, I am destitute of the information ne- possible, the period at which such information cessary to enable me to act intelligently on the 'has been forwarded and by whom.' And the subject before us. Surely we ought to be in-question being taken thereupon, it was unaniformed. The Constitution contemplates that we'mously resolved in the affirmative." should. This instrument says: "The President The House, in this case, refused to soften, or in shall from time to time give to Congress information of the state of the Union." In common sense it is certainly fit and proper, called upon to act as we are, that we should have a correct knowledge of our foreign relations. To call on a deliberative body to act discretionarily, and, at the same time, to refuse to give that body information on the subject-matter on which it is to act, is a contradiction. It is, indeed, an imposition. Were we acting ministerially, the case would be different. We should, then, have only to do the specific thing directed. But the House is answerable for the substance of their doings as well as the manner. It is responsible to the nation, not only that it does the act, but for the act itself.

Finding myself, sir, in this state of ignorance and responsibility the other day, while the bill which originated in this House to raise a military force of about 6,000, to which I have before alluded. was under discussion, I was pleased at perceiving the gentleman from Delaware move a resolution for information on the subject. I cheerfully voted to consider it, and I was sorry to see a majority of the House vote otherwise. It surely was a very discreet, guarded, and respectful resolation. I will, with permission, sir, read this

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any degree modify the resolution. A suggestion was made by my honorable colleague who sits before me, and who is not now in his place, that it would be proper to qualify the resolution; that the President should only be requested to communicate such information as he should deem consistent with the public interest. This suggestion was disregarded, and the resolution passed unanimously.

But I contend, sir, that although generally the President is, of his own mere motion, to give information from time to time to Congress; yet he is not supposed to know, in every instance, as to what subject and at what time the Legislature wants information. There may be, and frequently are, cases in the course of legislation, where, so far from being improper or indecorous, it becomes the duty of the House to solicit information._ In the case now alluded to, the gentleman from Delaware, in his resolution, desired the information "the better to enable this House to judge how far the Military Establishment of the United States ought to be increased." However, the House unquestionably has a right to refuse even to consider whether it will call for information. I call no man or body of men's intentions in question. I

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mean only to explain my own votes. I, also, as one of the minority, have my rights. I have a right to refuse to grope further in the dark.

MARCH, 1808.

Very recently one of my colleagues offered a resolution requesting the House to ask of the President information to enable us, as legislators, intelligently to do our duty. This resolution I may be permitted to read; it is as follows: "Resolved, 'That the President of the United States be re

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The President has a right, too, to exercise his discretion as to giving or refusing information to Congress relating to our foreign relations; or, at any rate, he can neglect, and indeed refuse to in-quested to communicate to this House the destruct us as to the "state of the Union." And the 'spatches addressed to this Government by the Representatives of the people, on their part, have American Minister at Paris, touching the proalso a right to say that they will not proceed; ceedings of the French Government relative to that they will not act without information. They neutral commerce, which have been received are responsible to the American people for their since the despatches of our Minister, which were conduct as well as the President. These rights communicated to Congress, by Message, on the are mutual. The President may refuse to give nineteenth of February, one thousand eight huninformation, and the Representatives may refuse 'dred and seven." to legislate without information.

The order of the day-the countersign-seems to be Executive confidence! Why not Representative confidence? Why not place some confidence in the Representatives of the people? Our Constitution contemplated the latter confidence as well as the former. I really do not feel very proud of my place as Representative of the great American empire; the only remaining Republic on earth; the last and best hope of the whole world. I cannot feel elated with this station, if I am not to be trusted with information upon those subjects upon which I am called to

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Here again the House refused even to take into But it is said by gentlemen that there are nego- consideration whether they would desire of the tions pending, and therefore it is improper to di- Executive information. All this I do not at all vulge the state of our foreign concerns. In reply, understand. As I have before said, I impeach no sir, I have to say, in the first place, that we have one's motives. I will not say that the majority no negotiation pending with France; and as to pin their faith implicitly upon those who direct the state of things with this nation, we are infi- or recommend public measures. But I will say nitely the most enveloped in darkness. But sup- that I myself will not longer proceed blindly, pose negotiations were going on with France, "without bell, book, or candle." I will not say and, on this account, it would be imprudent and that our Administration is unduly controlled. impolitic to promulgate to the people the state of either through love or fear, by any power on things. This furnishes no argument against con-earth: But I do say that I am astonished that fidential communications to Congress. the President of the United States does not communicate to us the correspondence between our Minister at Paris, Mr. Armstrong, and this Government, respecting the proceedings of France relating to our neutral rights. Although I do not positively know that there has been any communication from that Minister to our Government since the 19th of February, 1807, yet I am perfectly convinced, from the nature of the thing, that there must have been communications. It is, indeed, impossible that it should be otherwise. To compare minor things with very important ones, if an individual had an agent in a foreign country to negotiate a private concern of any magnitude, and should neglect for more than a year to advertise the principal of his proceedings, his authority would surely be revoked, and he dismissed from his agency. If, indeed, Mr. Armstrong, as was observed the other day by my colleague, has not communicated with this Government as to the important concerns between the nation at whose Court he is Minister and this, he ought to be immediately recalled and impeached. But, Mr. Speaker. I will not enlarge. I have already taken much more of the time of the House than I had intended. I agree to the necessity of a regular army in actual war. I have hitherto, relying upon those who have directed or recommended our measures, given my voice for everything in the shape of preparation for war. I have perceived great want of system and consistency, as I have stated. I have myself been legislating without knowledge. I have acted in the dark. The House has refused to ask for information. The President has not given it to us. I am determined not to go further without it. I shall, therefore, vote against the passage of the bill.

act.

It is within the power and province of Congress to declare war as well as to raise and support armies. I will, sir, read this part of the Constitution. Article first, section eighth : "Congress shall have power to declare war," &c. "To raise and support armies," &c.

Suppose the President should recommend to Congress to declare war against England, or France, or Spain? Declare war-for what? In such a case should we not require information? Is there an honorable gentleman in this House who would give his voice for a declaration of war against any nation, without knowing why or wherefore? Shall we thus give our votes for a standing force? Shall we raise an army without knowing the motive or object? Do we not want information in the one case as well as in the other? I confess I can see no difference. To whom will the country look for the reasons of this measure? Not to the President. When we return home we ought to be able to tell our constituents on what ground and for what purpose we raised this army. Indeed I cannot express my surprise that this House will not even consider whether they will ask for information.

When Mr. U. concluded, the House adjourned.

MARCH, 1808.

TUESDAY, March 22.

Proceedings.

Immediately on the meeting of the House a Message in writing was received from the President of the United States, apparently comprehending a volumnious mass of documents.

The SPEAKER declared the Message to be of a confidential nature.

Mr. BURWELL conceived that a part only of the Message was confidential; he wished that part which was not confidential should be first read. Mr. EPPES observed that the confidential part might be so blended with the other, that they could not be understood if read distinctly.

Mr. CAMPBELL could not see the propriety of any discussion on this subject in public; he wished the galleries now to be cleared. They were cleared accordingly. When the doors were opened, the Message was read, as follows: To the Senate and House of

Representatives of the United States:

At the opening of the present session, I informed the Legislature that the measures which had been taken with the Government of Great Britain for the settlement of our neutral and national rights, and of the conditions of commercial intercourse with that nation, had resulted in articles of a treaty which could not be acceded to on our part: that instructions had been consequently sent to our Ministers there to resume the negotiations, and to endeavor to obtain certain alterations; and that this was interrupted by the transaction which took place between the frigates Leopard and Chesapeake. The call on that Government for reparation of this wrong, produced, as Congress has been already informed, the mission of a special Minister to this country; and the occasion is now arrived when the public interest permits and requires that the whole of these proceedings should be made known to you. I therefore now communicate the instructions given to our Minister resident at London, and his communications with that Government on the subject of the Chesapeake, with the correspondence which has taken place here between the Secretary of State and Mr. Rose, the special Minister charged with the adjustment of that difference; the instructions to our Ministers for the formation of a treaty; their correspondence with the British Commisioners and with their own Government on that subject; the treaty itself, and written declaration of the British Commissioners accompanying it; and the instructions given by us for resuming the negotiation, with the proceedings and correspondence subsequent thereto. To these I have added a letter lately addressed to the Secretary of State, from one of our late Ministers, which, though not strictly written in an official character, I think it my duty to communicate, in order that his views of the proposed treaty and of its several articles, may be fairly presented and understood. Although I have heretofore, and from time to time, made such communications to Congress, as to keep them possessed of a general and just view of the proceedings and dispositions of the Government of France towards this country, yet, in our present critical situation, when we find that no conduct on our part, however impartial and friendly, has been sufficient to insure from either belligerent a just respect for our rights, I am desirous that nothing shall be omitted on my part which may add to your information on this subject, or contribute to the correctness of the views which should be formed. The papers, which for these

H. OF R.

reasons I now lay before you, embrace all the communications, official or verbal, from the French Government, respecting the general relations between the two Minister there, or through any other accredited chancountries, which have been transmitted through our nel since the last session of Congress, to which time. all information of the same kind had, from time to time, been submitted to Congress; but it is thought better to been given them. Some of these papers have already offer them again, in order that the chain of communiunbroken. tions, of which they make a part, may be presented

When, on the twenty-sixth of February, I communicated to both Houses the letter of General Armstrong to M. Champagny, I desired it might not be published,' because of the tendency of that practice to restrain injuriously the freedom of our foreign correspondence. But perceiving that this caution, proceeding purely from a regard to the public good, has furnished occasion for disseminating unfounded suspicions and insinuations, I am induced to believe that the good which will now dence and union of our fellow-citizens, will more than result from its publication, by confirming the confiIt is my wish, therefore, that it may be now published. countervail the ordinary objection to such publications. TH. JEFFERSON.

MARCH 22, 1808.

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A Message was received from the President of the United States, transmitting information in relation to sites for fortifications of ports and harbors. The Message was read, and referred to Messrs. BLOUNT, TALLMADGE, BURWELL, COOK, RIKER, TROUP, and WITHERell.

the United States, transmitting a report from the A Message was received from the President of Surveyor of the Public Buildings of the progress made on them during the last session; of their present state, and of that of the funds appropriated to them. The Message and report were read, and referred to Messrs. STANFORD, LEWIS, LLOYD, SOUTHARD, and CUTTS.

Another Message was received from the President of the United States, transmitting a statement of the militia of the United States, according to the latest returns received from the Department of War. The Message was read, and, together with the statement transmitted therewith, laid on the table.

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The House being cleared of all persons, except the members and Clerk, resumed the reading of such papers, accompanying the Message from the President of the United States, of the twentysecond instant, as, in his judgment. require secrecy, and were communicated in confidence to the House; and made a farther progress therein.

A motion was made by Mr. RANDOLPH, that the farther reading of the said papers, except the treaty negotiated on the twenty first day of December last between the United States and the King of Great Britain, be dispensed with; and that the same be now read; and the question being taken thereupon, it was resolved in the affirmative. The said treaty was then read: Whereupon, a motion was made by Mr. JOSEPH CLAY that the doors of the Representatives' Chamber be now opened; and the question being put thereupon, it was resolved in the affirmative.

An adjournment was then called for, and

carried.

SATURDAY, March 26.

A message from the Senate informed the House that the Senate have passed the bill, entitled "An act authorizing a detachment from the militia of the United States," with several amendments; to which they desire the concurrence of the House. Ordered, That Mr. TALLMADGE be excused from serving on the committee to whom was yesterday referred a Message from the President of the United States, relative to sites for fortifications and arsenals; and that Mr. QUINCY be appointed of the said committee, in his stead.

The House proeceded to consider the amendments proposed by the Senate to the bill, entitled "An act authorizing a detachment from the militia of the United States;" and agreed to the

same.

MARCH, 1808.

its expediency, Mr. D. R. WILLIAMS moved its reference to a Committee of the Whole, which latter motion having preference, was carried-55 to 45.

The House then resumed the reading of the documents accompanying the Message from the President, on Tuesday last.

A motion was made by Mr. D. R. WILLIAMS to meet to-morrow, (Sunday ;) negatived―ayes 19. About four o'clock, the House adjourned.

MONDAY, March 28.

Mr. DANA, from the committee appointed on the fifth of November last, to whom were referred the petitions of Gideon Edwards and Samuel Doak, together with a bill from the Senate, entitled "An act to revive and continue in force the nineteenth section of an act, entitled 'An act to ascertain and fix the Military Establishment of the United States, and to extend the provisions thereof," reported several amendments to the said bill; which were read, and, together with the said bill and petitions, referred to a Committee of the Whole on Wednesday next.

The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act concerning the sale of lands of the United States, and for other purposes:" Whereupon, the House agreed to the said amendments.

Mr. MILNOR moved the following resolution:

Resolved, That the order of this House made on the twenty-third instant, which requires five thousand copies of the Message and documents presented to this House on the twenty-second instant, be rescinded; and that fifteen hundred copies of the said Message and documents be printed.

The resolution was laid on the table.

A message from the Senate informed the House that the Senate have passed the bill, entitled "An act authorizing the sale of public arms," with several amendments, to which they desire the concurrence of this House.

Mr. BURWELL reported a bill supplementary to the act fixing an uniform rule of naturalization, and repealing all other acts on that subject. [The bill recognises the same rule of naturalization as the above recited law; also declaring that all citThe House resumed the reading of such papers izens shall be considered such no longer than accompanying the Message from the President of while they actually reside within the United the United States of the twenty-second instant, States; and also that if any citizen shall expa-as, in his judgment, do not require secrecy, and triate himself, he shall, ipso facto, be deemed an were not communicated in confidence to this alien, and, ever after, be incapable of becoming a House; and made a farther progress therein: when citizen.] the House adjourned.

The bill was twice read and committed.

Mr. J. CLAY presented the petition of the stockholders of the Bank of the United States, praying an extension of its charter. Mr. C. said, he did not mean to press the consideration of the subject during the present session, and moved its reference to the Secretary of the Treasury.

TUESDAY, March 29.

Mr. BOYLE, from the Committee on the Public Lands, to whom was referred, on the seventh instant, a Message from the President of the United States, presented a bill relinquishing to the Corporation of the city of New Orleans the right of the United States to the Batture, in front of the suburb of St. Mary's, and for other purposes; which was read twice, and committed to a Com

Some conversation ensued on this motion, the great objection being, that it would be incorrect to refer a subject for the purpose of obtaining a report on its expediency, until its constitutionality (which has been so much questioned) were de-mittee of the Whole on Thursday next. cided on.

To obtain a decision of the House on its constitutionality, previous to a reference to consider

The House considered and agreed to the amendments proposed by the Senate to the bill, entitled "An act authorizing the sale of public arms."

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