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JAN. 19, 1825.]

Niagara Sufferers.

[H. of R.

been decided at least twenty or thirty times by this ble distress, the greatest possible fortitude and bravery, House, in the rejection of particular claims presented and, he might say, the greatest neglect from their Gohere by individuals. My ground is this: that, in decid-vernment, could entitle men to consideration, then were ing on claims. we act in a judicial character. I never will consent that Congress shall be teased into the allowance of such claims. I will not yield to importunity and perseverance what I would not grant to justice. We have repeatedly decided, that, unless the destruction of property by the enemy was in consequence of its occupation by the United States, compensation shall not be granted to the claimants. Where a decision has once been made on this floor against a claim, unless some new testimony is adduced in support, I will make that decision a reason for voting against the claim as of ten as it shall be afterwards preferred.

these sufferers entitled to the last farthing of their loss-
es. But it is said the principle will impoverish us-it
will drain and exhaust the Treasury. He conceived it
was now too late to urge this objection; it might have
answered as an argument against the adoption of our
free constitution equally well with the impoverishing ef-
fects generally of war: but now the question is, shall we,
like true men, maintain the spirit and meaning of the
confederation, or shall we lay the foundation for disaf-
fection and dissolution, by a partial regard to and exe-
cution of them? The bill is, however, limited to such
property only as has been occupied by the Government
for military purposes, and destroyed while so occupied.
Against the imperious justice of such a bill, he could
not even anticipate a solid objection, much less could
he anticipate danger in the passage of it.
It was
deficient, because it was too narrow: he wished he had
the power, by his vote, to remunerate all the brave men
who had lost by one common calamity, the last war. He
would not make them rich because they suffered, but he
felt bound-he felt that the principles of his Govern-
ment, as well as those of his heart, bound him to vote a
fair paymeat of losses.

Mr. GAZLAY, of Ohio, said it was with feelings of regret, that he felt himself compelled, on any occasion, to say any thing in this House. He should not now do so, were it not for the avowal of some principles by the opposition to the bill, which principles he thought not warranted by, but dangerous to the best interests of our Government. The proposition is to remunerate these American citizens whose houses or buildings have been destroyed by the enemy during the late war. Not all which have been so destroyed, but those only used by, or in possession of. our Government for some purpose connected with our military operations at the time they were destroyed. The principal objections are, that, according to the rules or laws of monarchical nations, we are not bound to make this remuneration; that we are not bound to make it, except the property were a subject of lawful destruction according to the rules of civilized warfare; and that, to make it on the principles of this bill, is calculated to invite destruction by the enemy, and to take away every object which the citizen himself might have to defend his property against that enemy; also, that it will impoverish and perhaps bank-ments on the table had been furnished at his own sugrupt the nation.

Mr. M'DUFFIE rose in reply, and said, that so far as he understood the remarks of the gentleman from Ohio, they amounted to this: that a Republican Government is bound to pay every claim presented to it, whether just or unjust. If so, he desired to be understood that he was not a Republican of that class.

Mr. GAZLAY answered, that he had not thought, much less said, any thing to warrant the remark which had just fallen from the gentleman from S. Carolina. Mr. MERCER then rose, and said that, as the docugestion, he felt himself called upon to make some remarks on the evidence they contained. He should not persevere in the general argument, but for himself he was not prepared to pass the bill, even if he was satisfied that its principle was just, because he had not the information on which alone he conceived it proper to proceed. The evidence which he wished for had respect to the value of the property lost in the village of Buffalo. This he could get only by calling on the Departments. He knew that the facts could be proved there only. This was his reason for delaying the bill in order to make that call. He was disappointed in the result, inasmuch as it appeared that the documentary evidence he had desired to obtain, was in the hands of an agent in the State of New York, and had not been returned to the Department.

Mr. G. said he thought we had gained something by the great exertions which had consummated our present form of Government, and that this something was not a bare name; that he recognized not a partial, a limited, a personal philanthropy, as emanating from it—but one commensurate in every civil relation with the extremest verge of our vast territory; he could not look upon our boasted freedom as having secured nothing but a recognition of those rules which it was established to destroy. If he understood our principles, they were better than others only as they caused the weight of Government to fall more lightly, inasmuch as it falls more equally. Their true meaning, he conceived to be, the rights, the justice of all, instead of the rights and justice of the few. If, practically, the Government could not be thus administered, he had no hesitation in saying it could not and ought not to continue. If war came in its fearful calamity, it must be the war of all; all are bound, equally bound, to defend, even at lite's peril. If it bring its ravages, its losses, and devastations, they are like our common dangers, our common toils, the loss of all; nor could he see that this principle was to unnerve the arm, or dampen the ardor of the American citizen or soldier. It was with a view to the directly opposite effect that he supposed it to belong to our system. Certainly when the injuries inflicted by the enemy, are at the ex-tor. There was a second class which had been presented, pense of a general contribution, the inducements to defend must be general and strong in proportion to the threatened extent of such injury. If the loss is to be that only of the actual sufferer, then he who avoids most, and is most recreant, is like to be the least sufferer. The promulgation of this principle before the last war, he had no doubt, would have removed many constitutional scruples, and saved much property. The heaviest portion of sufferers to be provided for by this bill, are those of the Niagara frontier. If the greatest possi

It would have shown what losses were proved before the Commissioner, under the act of 1816. He was also disappointed at finding that there was no evidence in the Department of what had been the total amount of all the claims presented before the Commissioner, from 1816 to 1818. Many of these had been returned to the claimants for the purpose of being further confirmed, and others because they had been finally rejected. Under the bill now pending, should it become a law, these claims would all come back again before the Third Audi

but not acted on, and there was also a third class on which reports have been made. As it was, the House could hope only to get the amount of value of one class; and he asked, if gentlemen were prepared to pass the present bill, without knowing what is the amount of the claims which it would cover? The bill says that, if the claims exceed a certain amount, the payment is to be made pro rata. On what? On the amount lost? No, but on the sum granted by us to pay those losses. Does not the House thus dishonor itself and the nation ?--

H. of R.]

Niagara Sufferers.

[JAN. 19, 1825.

Wherein did this differ from taking out a commission of principle that you will pay for all losses resulting from bankruptcy, except that there was no person to act as acts of an enemy, whether lawful or not, in all future Commissioner (unless, indeed, we consider the Third Au-wars, you may calculate on having your whole coast laid ditor in that character?)

If the sum to be granted is limited, it must be considered as a grant made on principles of humanity; but even on the principle of humanity, the House ought to know what all the claims were. Suppose the rate of payment turns out to be 50 per cent. and a rich man presents a claim for 100,000 dollars, and a poor man for 100 dollars. The one is still rich--the other has lost bis all. Would humanity lead you to pay the rich man $50,000, while you paid the poor man only fifty? It would not bear the test of examination. He held it impossible to distribute compensation under this bill without being exposed to gross frauds, &c.

With reference to the nature of some of these claims, Mr. M. referred to a case in which a parcel of swords had been found in a house at Buffalo, which had been considered sufficient ground for a claim for indemnity for its destruction. It appeared also, from the documents, that the commander of the American forces there, who had lost a house not worth $1,500 had obtained from the Government upwards of $17,000, his claim having been put in for a larger amount. He was a doctor, it seemed, and the United States had paid for all the Glauber salts, jalap, &c. which had been destroyed.

Large sums of money were also claimed in some cases, for the destruction of furniture-mahogany furniture. But did any man ever hear of furnished barracks, of soldiers' barracks being furnished with mahogany! Mr. M. considered, upon the whole, that the inevitable effect of the bill would be to place the Third Auditor in a most embarrassing situation."

waste, because the enemy will know that, whatever losses he occasions must eventually be paid out of your Treasury. Such is the principle now to be sanctioned. If gentlemen think this is either just or expedient, let them vote for the bill. I, said Mr. M. certainly shall not. Yet I am willing to vote for ample indemnity in all cases where the destruction can be shown to have been caused by the military occupation of the property.

Mr. JOHN S. BARBOUR, of Virginia, then rose and said that he was warned by the impatience of the House for the question, that, in assigning the reasons for bis vote on the present occasion, he must be very brief. If he could conceive that this bill would be attended by such consequences as the gentleman last up, and other opponents of the bill, seemed to apprehend, he should certainly be the last to vote in its favor. If he thought it would infuse into the code of belligerent law any new or mischievous principle, he certainly could never advocate it. But, if gentlemen would examine the Constitution, in its fifth amendment, they would find, that, while it recognized the right on the part of Government to take private property for the public use, it also imposed on Government the correlative duty of making just compensation for it. In the case presented by the claimants in the present instance, private property had been taken for the public use, and whilst in possession of the public, it had been destroyed. Between private individuals, the law would, in a parallel case, compel indemnification. And the Government, not being liable to be sued, is therefore only under the stronger obligation to grant the same. Gentlemen had said that this bill went further than the act of 1816, because it does not require the claimant to prove that his building was destroyed in consequence of its occupation by the United States. But, said Mr. B is not such a requisition the holding out of a promise only to disappoint him who confides in it? Sir, it is impracticable to dive into the breast of the enemy, to take the guage and measure of wickedness, and ascertain the precise dimensions of what has well been called his gratuitous cruelty. The case is a very plain one. Has not this property been taken by the strong arm of Government for public use, and has it not been destroyed? If so, there is no more to be said-we must pay for it.

There existed no danger from fraud, under this bill. The amount being limited, each claimant is a guard upon his neighbor. You have planted all around your appropriation, said Mr. B. the sentinels of self-interest. The whole body of claimants are all interested, not in magnifying and multiplying the claims of each other, but in sifting and reducing them. I believe that the evils which have been presented to us in such lively colors have their place and their existence only in the im agination of the opponents of the bill, and I shall therefore vote for it with the utmost cordiality.

The general subject of the bill, he said, had already been very fully considered. A protracted discussion was had upon it, in this House, seven years ago, and the bill, at that time, failed, not because it was a Buffalo bill, but because it included the losses on the Chesapeake also. Much as the peeple of Niagara might have suf fered, the people on the waters of the Chesapeake had suffered too. Night after night were its waters illumined by the fires which were consuming the dwellings of the inhabitants on its shores. Gentlemen had had their estates wasted, their houses pillaged, their papers, notes, and deeds, thrown into the streets, or torn to atoms, &c. &c. These things must be fresh in the recolleetion of very many gentlemen who heard him. Could the friends of the bill, Mr. M. asked, conceive it possible that the members of this House were led to oppose it from any want of sympathy for the sufferers; from any apathy or insensibility to the sacrifices and distresses to which they had been exposed! Sir, said he, let these sufferers present their claims to us, individually, in our private capacities, and see who will be most disposed to grant them relief. Sir, put the question into any form of an appeal to feeling, and to the principles of humanity, apart from considerations of policy or rules of law, Mr. LINCOLN, of Maine, then rose and said, that onand we are prepared to enter into competition with ly one gentleman who had engaged in debate, had prethe warmest friends of the bill. But the principle sented his (Mr. L's) views in respect to the present of the bill was such, and the consequences to which it bill, and he should beg leave to add a few words in exwould lead were so extensive, that no Government tension and confirmation of what that gentleman had obcould afford to act upon its principle. Once adopt it, served. Mr. L. admitted the force of some of the exand you must indemnify for all the losses occasioned by ceptions taken to this bill, and if the arguments drawn a war, not only such as are immediate, but such as are from those exceptions stood alone, he did not know how consequential. You must pay not only for houses, but he could get rid of them. But there was another and a for harvests; not only for grain burnt, but for that higher principle bearing on the present case, which, in which was prevented from being sown. If you thus his opinion, superseded those which had been urged make an insurance office of the Treasury, you will not be with so much ability by the gentleman from Virginia, long in discovering that you cannot pay the amount of (Mr. MERCER,) and on which he seemed so confidently the policy. There was no parallel to this act to be found to rely. It is this: that, if the Government take the proin the laws of any country. Neither is there any coun-perty of the citizen unlawfully, and that property is lost try which has so much interest in opposing the princi- or injured, the Government is bound to pay for it. ple of this bill as this country. If you once set out on the ceeding to exhibit his view of this case, Mr. L. said it

Pro

JAN. 19, 1825.]

Niagara Sufferers.—Chesapeake and Delaware Canal.

[H. of R.

unless, by following them, we endanger some principles vitally connected with our national existence.

The question was then taken by Yeas and Nays, as follows:

YEAS.-Messrs. Adams, Alexander, of Tenn. Allen, of Tenn. Allison, Bailey, Baylies, J. S. Barbour, Bartlett, Bartley, Beecher, Bradley, Breck, Brent, Burleigh, Cady, Cal!, Cambreleng, Campbell, of Ohio, Cassedy, Clark, Collins, Cook, Craig, Crowninshield, Culpeper, Cushman, Day, Dwinell, Dwight, Farrelly, Findlay, Foote, of N. Y. Forward, Frost, Fuller, Gazlay, Gurley, Hamilton, Harris, Harvey, Hayden, Hemphill, Henry, Herkimer, Hogeboom, Holcombe, Houston, Isaacs, Jenkins, Jennings, Johnson, of Vir. J. T. Johnson, Kent, Kidder, Kremer, Lawrence, Lee, Lincoln, Litchfield, Livingston, Locke, McArthur, McKean, McKee, McLane, of Del. McLean, of Ohio, Mallary, Martindale, Marvin, Miller, Mitchell, of Md. Moore, of Ken. Moore, of Ala. Morgan, Neale, Newton, Olin, Owen, Patterson, of Ohio, Plumer, of N. H. Plumer, of Penn. Reynolds, Richards, Rose, Ross, Saunders, Scott, Sharpe, Sibley, Sloane, Sterling, A. Stevenson, J. Stephenson, Stewart, Storrs, Taliaferro, Taylor, Ten Eyck, Test, Thompson, of Penn. Thompson, of Ken. Tomlinson, Tracy, Trimble, Tucker, of Va. Tyson, Udree, Vance, of Ohio, Van Rensselaer, Vinton, Wayne, Webster, Whipple, Whittlesey, White, Williams, of N. Y. James Wilson, Henry Wilson, Wilson, of Ohio, Wolfe, Wood, Woods-123.

was true, that it was impossible for common men to know, at all times and with certainty, what are the designs of politicians, yet he must take it for granted, as a truth generally known, that this Government wished, during the late war, to conquer the Canadas. They did indeed, make their first movement at the remotest point possible. But no sooner was the failure of General Hull known, than it was perceived, on all hands, that the Niagara frontier was likely for a long time to be the theatre of war. Our Government knowing this, ought to have provided barracks for the shelter of the troops. The | country along the Niagara was peculiarly important, because it contained two forts; the one at the head, the other at the foot of the River. Gen. Brock saw clearly its importance, and was ready, when the battle of Queenstown took place, to have commenced important operations against it. Yet the Government did not provide quarters for its troops. It suffered its army for a whole year to occupy the private houses of the citizens. Nor did it do this for one year only. During the whole of another campaign, the same state of things was suffered to continue. The troops were in fact quartered upon the people, and that without any law, in direct violation | of the constitution. Now, sir, said Mr. L. I can conceive of no greater evil, than the presence of a licentious soldiery, at the fire-side of your citizens. I can conceive of no greater sacrifice to patriotism than the patient endurance of such an evil. The Constitution forbids it to be done, unless by due course of law. There NAYS.-Messrs. Abbot, Alexander, of Va. Allen, of was no law, and yet it was done. It has been said, that it Mass. Archer, Barber, of Ct. P. P. Barbour, Bassett, was done by the consent of the inhabitants. The consent Blair, Buchanan, Buck, Buckner, Campbell, of S. C. of the inhabitants! To what? Did you ever ask their Carter, Cary, Condict, Conner, Crafts, Cuthbert, Durleave to send your armies and quarter them at their fire-fee, Eddy, Edwards, of N. C. Floyd, Foot, of Ct. Forsides, year after year? And did they ever give you their syth, Garrison, Gatlin, Gist, Govan, Hobart, Hooks, F. consent to this? Did you ever wait for their consent? Johnson, Lathrop, Leftwich, Letcher, Little, Long, No. You sent your armies there. The people saw them Longfellow, McCoy, McDuffie, McKim, Mangum, Matperishing for want of a shelter. It was a question of hu- lack, Matson, Mercer, Metcalf, Mitchell, of Pa. O'Brien, manity whether they would see them perish, or take Outlaw, Patterson, of Pa. Poinsett, Randolph, Rankin, them into their doors. But it was also a question of fear, Sandford, Arthur Smith, William Smith, Spaight, Standewhether they should refuse, at the risk of having their fer, Stoddard, Swan, Tattnall, Thompson, of Ga. Tucker, houses blown about their ears. The assent was given, to of S. C. Vance, of N. C. Whitman, Wickliffe, Williams, be sure-but it was in all respects a forced consent. And of Va. Williams, of N. C. Wilson, of S. C. Wright-69. what did the Government do at last? It must be recol- So the bill was PASSED and sent to the Senate for conlected that the banks of the Niagara river constitute, incurrence. almost their whole extent, a natural fortification. There are but a few places where the nature of the ground, CHESAPEAKE AND DELAWARE CANAL. and of the current, will permit boats and munitions of The engrossed bill to authorize a subscription to the war to cross the stream; and these few spots resemble Stock of the Chesapeake and Delaware Canal was read the defiles in otherwise inaccessible mountains; for the a third time; and, on the question “Shall the bill pass?" banks are in some places of perpendicular rock, and in Mr. McDUFFIE rose, to explain the grounds on which others, they overhang their base. Yet, what did the Go- he should give a different vote on the passage of the vernment do to secure these passes? Nothing-literally bill from that which he had given on ordering it to a nothing. After having, by an act in itself unconstitution- third reading. He was opposed, he said, to the comal, (the occupation of their houses,) exposed the inhabi-mencing, at this time, detached parts of a system of Intants to the ravages of the enemy, they did nothing for ternal Improvement, for reasons he had heretofore stattheir defence; and, in the end, they were invaded, over-ed to the House. The case embraced by this bill, howthrown, laid waste, robbed, ruined! Many of them have ever, appeared to him to be an exception. It proposed been since suffering the peine forte et dure of endless not to give money, but to subscribe for stock, the value debt. Sir, would any other portion of this country that of which will be, probably, equal to the amount of mowas in condition to resist, have submitted to this? No. ney subscribed. The work, moreover, was one of vast But these people were feeble and helpless. They sub-importance, and the country in which it was located was mitted, because they could do nothing but submit. There was another principle, Mr. L. observed, which would require to be noticed. The bill asks only for remuneration for losses sustained under such circumstances. But then we are told that if we pass it we shall subvert the laws of nations. Sir, I have no apprehensions on this subject. This is a question, not between this nation and another-but between this Government and its own citizens. As to foreign nations, our security is not in the code of Vattel, but in showing ourselves strong to resist aggressions. In this case, we ought not to construe the rules of national law with too much strictness. The best rule to be followed is, the best feelings of the heart, VOL. I.-18

not competent to defray the expense. This canal was, besides, unquestionably one of those works which, on a general system, ought to be done by the General Government, and not left to the local government, being national in its character. By subscribing to it now, we may have the prospect of getting back the whole amount we shall advance, &c. Another reason was, that, without waiting for a general system, the House had just passed a bill for the commencement of one work of Internal Improvement, not standing on as strong grounds as this-the passage of which weakened the objection to this measure. And here he took occasion to observe, that he felt so much gratification at observ

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ing the growing strength of the cause in this House, and the acknowledged conversion to it of several individuals, as to compensate for the regret he might otherwise have felt at not having succeeded in the opposition, which, upon other grounds, he had felt it to be his duty to make to the bill for the continuation of the Cumberland road.

Mr. HAMILTON, of South Carolina, then expressing a wish to address the House on this bill, the House consented to a motion for an adjournment, and, without taking the question on this bill, The House adjourned.

[JAN. 20, 1825.

to present their own views of the subject, not doubting that they might rely on the wisdom of the Senate to rectify any thing that might be wrong; and the committee were happy to find that, on the reception of the President's message, he recommended at least measures as energetic as those proposed by the Committee on Foreign Relations.

In the discussion of this subject, I do not know the precise course that ought to be pursued; for, whilst I hear on one hand, in conversation, that the measures we have adopted are too strong, on the other I am told that we have not proceeded far enough. I presume to hope, on this occasion, the truth lies between the two, and that, on the whole, the committee have been fortunate IN SENATE-THURSDAY, JANUARY 20, 1825. in the means they have suggested to put an end to the Mr. LLOYD of Mass. stated that the Senators of atrocious practice of piracy. Fortunately, or perhaps I Massachusetts had received certain resolves of the Le- should say unfortunately, for the facts disclosed are of gislature of Massachusetts, now in session, in reference the most melancholy description, there is no room to to the claim of that Commonweath, for the services of doubt the statements that have been made. Our comthe militia of that state, during the late war; praying merce has too long been spoliated by these brigands of the speedy adjustment and payment of that claim. And the West Indies, and our citizens have suffered every instructing the Senators of the United States from species of outrage from them, not only in the dethat state, to present the said resolutions to the Senate.struction of their property, but they have been cruelly In pursuance of which instruction, he asked leave, in behalf of the said Senators, to present the resolves accordingly; observing, that, as the subject to which they relate is now before the House of Representatives, after having undergone the investigation of an able committee, and would, he trusted, shortly come before the Senate in an acceptable shape, in the form of a bill for the payment thereof, he would propose, that the resolves should be received, read, and, for the present, lie on the table.

The following resolve was ther. handed to the Chair, read, and laid on the table, viz: Commonwealth of Massachusetts.

Resolved, That the Senators of this Commonwealth, in Congress, be instructed, and the Representatives requested, to urge, at their present session, the adjustment of the claim of Massachusetts on the Government of the United States, for disbursements necessary in the Commonwealth's defence, during the late war; and that the admission of its justice and validity, so far as it has been expressed by the authorities of the National Go vernment, is duly appreciated.

the state.

tortured and most barbarously murdered. It is equally true that the means which have been hitherto resorted to have been insufficient to put a stop to it. And I believe it is equally true that the continuance of the evil is to be ascribed to the fact, that these bandits find an asylum in the Spanish possessions in the West Indies. It is equally true, that the information we received from our commanding officer in that quarter, stating that piracy was at an end, and a piratical sail was no longer to be seen, is incorrect. It has gone on, gaining strength from time-its horrors have increased, instead of being diminished, and the numbers of these enemies of the human race have been swelled by the most profligate wretchesthe refuse of all nations. The nautical means employed are not sufficient to effect the desired end; and nothing short of the pursuit of these villains on shore, promises any thing like an adequate remedy. The pirates are not only to be found at sea, but the whole island of Cuba is infected with this moral leprosy, from head to footall have participated in the spoil thus villainously acquir ed, nor will it cease till the United States adopt some strong measures to make them feel the consequences of the measures which they have not only tolerated but

Attested by the President of the Senate of Massachu-assisted in. setts, the Speaker of the House, and the Governor of These are the facts of the case, and the inference drawn from them; and I presume there can be no differMr. HOLMES, of Maine, and Mr. CHANDLER, re-ence of opinion on the subject in the Senate, that it is spectively presented similar resolutions of the Legislature of the state of Maine, which were also read, and ordered to lie on the table.

SUPPRESSION OF PIRACY.

The Senate then, according to the order of the day, proceeded to the consideration of the bill, reported by the Committee of Foreign Relations, for the suppression of piracy. The bill having been read through

necessary that something should be done, and that it should be done speedily and efficaciously. The only difference that can possibly exist may be, as to the means which ought to be employed; for, surely, there can be no doubts as to the expediency of stretching out the arm of the nation, with all its resources, if necessary, to but an end to piracy. The committee did not portray, in the dark colors of which the subject is susceptible, the outrages and atrocities committed by these brigands. Mr. BARBOUR, (Chairman of the Committee on They did not exhibit the American citizen suspended Foreign Relations) commenced his remarks by saying, from his own yard-arm, or weltering in his blood on his that the Senate were aware that this bill was reported own deck, invoking in vain the aid of that flag, as well by the Committee on Foreign Relations under the ex- the pledge of your protection as the emblem of your press instructions of the Senate-they were directed to sovereignty. They did not do so, because they thought take into their consideration so much of the President's that the naked facts, with the atrocious circumstances message, and the petitions of a most numerous and re- connected with them, would be sufficient to excite the spectable class of our citizens, as related to this subject. indignation and horror of every citizen. They, thereThe Senate furthermore urged the committee to report fore, left the subject to the general conception of every without delay. They would have preferred postponing member of this body, without wishing to bring out the their report till they received a message from the Presi- whole of the dark disclosure. On this account, some dent, disclosing the views of the Executive, in relation may be induced to believe that, in the means we have to the means proper to be employed to arrest the pro-recommended, we have proceeded too far, but in my gress of the enormous mischief. But, from the nature of the case, they were so impressed with its urgency, and the necessity of a speedy report, that they resolved

estimation, we have not, nor do I believe we could have gone too far. These people, by a singular combination, unite two of the most atrocious crimes that infest socie

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ty, the slave trade and piracy; and Sodom and Gomorrah can no longer claim the infamous pre-eminency in crime.

There are others who think we have not gone far enough, but if they had said we ought to have recommended extermination, I should not have thought it too strong. They are the common enemies of the human race. The whole island is participating in the most atrocious crimes that can be perpetated by man, and against these, as enemies of the human race, extermination might with propriety be denounced. The committee had no desire to inflame the passions, nor have I, and I am confident that no labored coloring is necessary to make every member of this body feel as powerfully on this subject as I do.

Sir, I will now proceed to take up the bill, section by section, to satisfy the Senate as to the propriety of adoping the means proposed.

The first section proposes building a number of ships, not exceeding ten, of a particular force. In relation to this clause, I wish to remark, that it is the copy of a bill that passed last session for building these ships. It was a measure strongly recommended by the intelligent Head of the Navy Department. These vessels were to answer two purposes; they were not only calculated for suppressing the existing evil, but they would be an addition to the navy, to be used whenever a force of this description could be of service, and as a means of keeping down this tremendous evil when it was once down. It was then argued that it was more prudent to buy than build, that the most intelligent were of a contrary opinion, and experience warranted it. It is unnecessary to travel further on this ground, since nothing has since occurred to occasion a change of opinion on this subject, but, on the contrary, the duration and the increase of the evil has tended to confirm it. The House of Representatives had not time to consider it. It was passed over with many hundred other subjects, but there was never any thing unfriendly exhibited, as far as I am advised, to its passage.

The second section provides for the landing of our forces in fresh pursuit of pirates, in the territory.

I believe, as far as regards our right to adopt this measure, there is no question that it will be yielded, on all bands, that it is lawful to enter the territory of any power in which pirates have taken refuge. Where a neutral power permits the enemy of an established Government to enter its territory, it instantly creates a right, on the part of the opposing power, to pursue, because, in giving them refuge, they abandon their neutrality. Much more so, is the right unquestionable as regards pirates. They are the common enemies of the human race, towards whom there can be no neutrals; therefore, it is perfectly lawful to pursue them into any territory into which they may have taken refuge, and any nation who should assert that their rights had been violated by such a pursuit, would make themselves parties in their crimes, and become obnoxious to all civilized Governments, for the refuge afforded to the enemies of mankind.

If there be any doubt, however, on any man's mind, I will avail myself of the opinion of one of the most distinguished jurists of this country, and when such authority is to be had, I prefer it to all other. This gentleman was at the head of the Navy Department when instructions were given to Commodore Porter, when he proceeded on his first cruise on that station, and who now occupies, with so much credit to himself and usefulness to his country, a seat on the supreme bench. After sanctioning the principle above advanced, as to entering the territory of neutrals by belligerants, he proceeds to state that, in the case of pirates, there is no neutral party; they being enemies of the human race, all nations are parties against them, and therefore the right of entry, into any and all territories, in pursuit of pirates, is a clear

[Senate.

principle of international law. In addition to this, you have the message of the President of the United States, stating, that this course is necessary to reach the evil, so that there can be no doubt as to the expediency of the measure.

I cannot too often endeavor to impress on the minds of the Senate, that these brigands are not only formidable by sea, but they find abetters by land. Let humanity blush on the declaration of the fact; they find countenance not only amongst the refuse of the population of Cuba, but amongst the merchants, the planters, and, what is more humiliating, amongst the constituted authorities of the Island. Every place throughout the Island, we are credibly informed, is contaminated byt his deadly sin. Sir, the idea of a constituted or local authority, lending his aid to obtain redress for the aggrieved, is idle. The testimony of Randall, which I think is unquestionable, is sufficient proof that the local authorities, instead of putting down this evil, receive their share of the wages of iniquity. We are told these brigands rarely venture out in large vessels, but hover round the shores and the country, which, from the number of creeks and inlets, is peculiarly adapted to the objects of these marauders; and, when they are pursued by the American squadron, they find refuge on shore; and, where is there a shadow of evidence to prove that they have been taken up and punished for their crimes, and for the sufferings they have caused? There is none. You must cause vengeance to reach them-you must teach them there is justice still on the earth; and, although their own Government connives at their iniquity, there is another country strong enough to seize them in their recesses, and drag them to condign punishment. If we travel further into the case, we shall see the depth of depravity to which human nature can be reduced. These wretches, instead of being detested, are publicly justified. Yes, sir, it is pronounced an honorable trade; and what are we to expect from beings who justify such deeds as these? There is another circumstance which is very strong indeed; even General Vives himself, whom we exempt from participation in these deeds of iniquity, is still afraid to execute the authority with which he is invested. These brigands are seen in the public streets, mixing with the most respectable people of the placeand why not? They are all engaged in the same abom, inable traffic; and although those who have been so fortunate as to escape the murderer's poniard, have been able to point out in the public streets, a man, say. ing, "there is one of those who robbed me and murdered my companions," he is told to beware lest the poniard still reeking with the blood of a brother, shall shed his own.

Sir, I have heard it stated that the territorial rights of Spain would be violated, were we to adopt the measure recommended in this section. That it is a terrible thing to violate the rights of a nation and draw on war, and all its calamities. But Spain has obligations to perform as well as rights to assert. If Spain had acquitted herself of the obligations imposed on her by the laws of God and Man, and brought to punishment those monsters who find refuge in her territory, and to which she has been so often urged by our Government in vain, I would admit, that any attempt to enter her territory, as it would be without necessity, so, also, it would be without right, and unjust. But, under existing circumstances, what can Spain do? The committee find that Spain is unable to fulfil her social duties, and they put this charitable construction on her neglect of them. If she is able to put a stop to those outrages, and yet still permits them, she makes herself a party in the crime, and no measures that the United States could adopt would be too strong. We must act on one of these facts-connivance or inability. To act on the latter, is for the benefit of Spain. And what can Spain complain

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