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H. OF R.]

Impressment of American Seamen.

[FEBRUARY, 1796.

was true he was young, but he was not inattentive to public business, and he should always hold it his duty to persevere in such measures as appeared to him calculated to promote the public good; nor should he be deterred from engaging in a business because it had not been attempted before, for that principle would shut out all im

gotiation, it appears some difficulties were sug- it time, however, the subject was attended to. It gested, and no general regulation on the subject took place; but the English Minister assured Mr. Jay that fresh instructions should be given to the commanders of their vessels, and, in consequence, many complaints have not since arisen. There are not, he believed, at present, many American seamen in the British service-most of them being discharged; yet it is possible, from the many improvement. Mr. L. said his friend from New Jerpressed some years ago, relief might be afforded by sending an agent to the West Indies. It was possible, he said, that American seamen on board vessels taken by Bermudians may still be detained, who might be relieved by this agent.

sey had made an apology for his heat on opening the business; he was sure he was actuated by the best motives in doing so, but he did not think his conduct needed an apology. And what he had said with respect to the Secretary of State, he Mr. B. proposed to amend the resolution, by thought justified, from his conduct towards him, striking out that part of it which appoints an and from hearing a member say he had recourse agent for Great Britain, and confine the sending to his office, he supposed that gentleman had reof an agent to that part of the English posses-ceived information which he could not receive, sions in the West Indies to which the greatest It arose from error, and the method of communinumber of American vessels sail.

Mr. LIVINGSTON was pleased to see gentlemen concur in endeavoring to form a plan for the relief of American seamen. It has been asked why the Consuls were not intrusted with this business. The committee considered, that as the Consuls of the United States received no other recompense for their services than the dignity and consequence which their office gives them, they would not be likely to pay sufficient attention to a business of this kind. They considered the immense labor of Mr. Cutting to deliver the impressed American seamen. They supposed, therefore, if the duty were laid upon the Consuls, a salary should be annexed to their office; but as there is no Consul in the West Indies, a special agent should be appointed. In order to bring a view of the subject before the House, he would inquire how relief is to be afforded to a seaman who has been impressed? Suppose he is seized in London; he is sent down to Portsmouth. The agent must attend immediately get certificates-pay fees of office-employ counsel, &c., to release a single seaman;—a trouble he believed no Consul would take. The committee supposed that the solemnity of commissioning an agent especially on the business would convince foreign Powers that they would no longer suffer the British, or others, to exercise that power over American seamen which they themselves could not exercise. It is to be hoped, also, that when the Government of Great Britain sees a step of this sort taken, she will give up the practice of seizing American seamen, and let them pass in quietness. If not, the agents employed could transmit to this country an account of what seamen were seized by them, and every particular respecting the same. This consideration influenced the committee, and he trusted it would influence the House.

Mr. LIVINGSTON next remarked on what had been said on the introduction of this business into the House. It was said that a young member had thrown obloquy on the Government. He had uttered nothing ut facts; he had said that the distressed American seamen had for five years looked in vain for relief. The Government might have had prudential reasons for its conduct. He thought

cation adopted by that member; he was, therefore, justified in his remarks; as, though it was a mistake, it was caused by that member, and no fault of his.

Mr. GOODHUE agreed with the member from Rhode Island [Mr. BOURNE.] He supposed it the duty of Consuls to attend to the cases of impressed seamen. There was no need, therefore, to send an agent to England.

Mr. S. SMITH said, that as the member from South Carolina had called upon gentlemen from seaports for evidence, if they were silent, it would be supposed no information could be given on the subject under discussion. He supposed he should be prevented from giving this information now, because the amendment of the first resolution was under consideration. [The House called for information.] He said he represented a port where the fact of American seamen being impressed by the British was so notorious that every man knew it. But how, said he, is this information to be got and transmitted to the Secretary of State? No complaint is likely to reach his office, except brought there by merchants. In his own trade, he had frequent instances of this sort almost in every voyage. He could not say the men impressed were always Americans, but they were men sailing under the authority of the United States. We have a flag, under that flag men are seized, and they have a right to expect, when seized, redress from Government. There is no difference between British and Algerines, for, by the former, they are compelled to fight against those whom they wish well, which is equal to any slavery that can be imposed. He said, that from one of his ships there were two New England men impressed; one of whom being a stout, courageous man, wished to have defended himself against his assailants; but the supercargo said, no, this will risk the cargo of the owner. This advice he gave, supposing Government would afford these men relief.

If the member from South Carolina wished for such information as would be received before a Court of Judicature, it could not be got. Mr. S. thought sufficient attention had not been paid by Government to the merchants and seamen. Mr.

FEBRUARY, 1796.]

Impressment of American Seamen.

Jay, in his communication to Lord Grenville says, an impressment of American seamen had taken place, who had been forced to fight, &c. If this had not been so, it had not been written by Mr. Jay, nor would Lord Grenville have promised relief. He hoped this information would be thought sufficient.

With respect to the business being transacted by Consuls, he believed America had only two in England, who are merchants, and who, having no salary, could not be expected to go from one part of the kingdom to the other. It was said by the member from Massachusetts [Mr. GOODHUE] that few American citizens sailed from the part of the country he came from; but would he not have citizens sailing from every part of the Union equally protected? It had been said that there were not many instances of American seamen impressed; but, suppose there were but one man, and he a negro, suffering under the galling yoke of impressment, it is the duty of Government to provide relief for that man. The same member has said that the Quiberon vessels did not impress the crews of the ships; he said it was sufficient to take their flour and pay them nine dollars for what might have been sold the next day for twenty or upwards. Mr. S. concluded by observing, that if we were a feeble nation, we had a right to expect justice; but he hoped we were not so feeble as some gentlemen imagined. He was pleased that a majority of the House was inclined to improve the resolution, rather than to destroy it.

[H. of R.

the power of the PRESIDENT to appoint that particular.

and

Mr. HARPER always believed it necessary to have information on any subject on which that House legislated; but in this particular case, it seems it may be dispensed with; it is unnecessary to know whether any seamen have been impressed, or whether there be any at present impressed; when a gentleman asks for information, he is represented as zealously opposing a measure in which he wished every necessary relief to be given. He should not inquire into the reason for this conduct, nor suffer it to deter him from doing his duty. He did not wish to make public professions of love to his country, but to leave his conduct to speak for him. He had understood that zeal, unless founded on knowledge, was not a very beneficial thing, and that the public good might be attained without vehement speeches. Under this conception he should continue to act, and he would leave other gentlemen to act a contrary part if they chose. He again called for the information he asked for before. He had called upon the Representatives of every seaport in the Union for information; he had received none. He then took notice of the different kinds of evidence which had been adduced, and would not allow it any weight. He said he was disposed, as far as prudence, necessity, and justice, required, to afford relief to his suffering fellow-citizens, but he should never agree to proceed in a business until he understood the nature of the grievances Mr. GOODHUE said, he thought as ill of the Bri- right to interfere when representations were made complained of. He said the Executive had a tish on account of their conduct in taking Ameri- to him; the authority lodged in him is sufficient, can vessels as any member; he mentioned only and Legislative means are unnecessary. If his that the crews were not taken. He believed re- power did not enable him to do this, he should be presentations were made by Government respect- disposed to arm him with the necessary power. ing the conduct of the British. He was willing He did not believe the cases of prisoners made by to join in any necessary measures for the protec- the Algerines, and men impressed by the British, tion of seamen. He did not think it would be ne-materially different, except in the evidence of the cessary to send special agents to England.

fact. He had, indeed, seen certificates in the newspapers asserting that sixty men had been taken from American vessels, by one English frigate, but he did not believe it, because there was no other evidence of the fact. Mr. H. concluded by observing, that if the Committee thought differently from him, he should heartily give his consent to what the majority may approve. He thought a sufficient number of agents should be appointed, and that they should be placed in situations, not in which their own private interests might be best served, but where the public business required them. He would also have these agents paid a salary equal to their services. He was opposed to the amendment of the member from Rhode Island.

Mr. MADISON observed, that the gentleman from Rhode Island who made the motion now in question, thought it unnecessary to send agents to Great Britain, because America had Consuls there. The member lately up from Maryland had anticipated what he intended to have remarked on that subject. He did not think the Consuls could do all that agents might. The Consuls are but two in number in the Kingdom, who receive no recompense, except an increase of business from their public character. Under these circumstances, if they do their ordinary functions, it is as much as can be expected; the business now wanted to be done is extraordinary. Besides, Consuls are unequal to the task. Men are seized, put on board vessels allotted for the purpose, until ships of war Mr. BOURNE rose to enlarge his amendment, be ready to receive them. It is a heavy business, leaving a greater power in the hands of the PREtherefore, for a person to follow up the inquiry 8IDENT, with respect to the appointment of agents. and go in pursuit of persons thus seized. If an Mr. BALDWIN wished the resolution to be so agent or agents should be sent to Great Britain, modelled as to enable the PRESIDENT to take the no other business will require his or their attend-most effectual means to inquire into the situation ance. After the present motion is decided, he should wish to have the words struck out, "fixing the place of residence for agents," and leave it in

of American scamen who may have been impressed by foreign Powers. He believed, though different members held different opinions on the

H. OF R.]

Impressment of American Seamen.

subject, they were equally inclined to effect the object in view. The Consuls were not sufficient, he said, but he would have it left to the PRESIDENT to appoint what persons he thought proper to do the business, and they must provide the necessary means.

[FEBRUARY, 1796.

doubt that the Executive had taken proper measures.

Mr. GALLATIN hoped the amendment would be adopted, as it had a tendency to unite the different opinions of members. As to a degree of sensibility taking place in any gentleman, it was not Mr. GILES could not agree to striking out the surprising. The first degree of heat displayed on duty of the agents; he thought it as necessary to the occasion appeared in a member opposing the say what the duty of the agents should be as to business. The report before the House, said he, appoint them. He did not wish their place of re- stated, merely, that the sufferings of our fellowsidence to be designated-they might be employed citizens are too notorious to need proof, and the in going to different countries. He was for get-feelings of every man would establish the truth. ting redress from France as well as from England. He would even ask the member from South CaHe said it was somewhat singular to hear parti-rolina himself, if he did not believe the fact? the cular evidence called for, on the present question, only question was, whether this public notoriety after the general form of the resolution had been was sufficient to ground their proceedings upon? unanimously agreed to. It has been granted that In many cases it would not; but in a case where American citizens have been impressed, but it is they might do good and no harm, they might not known but they may be now at liberty. If safely act upon it. But, he said, there was an officoolness and deliberation, said Mr. G., do not give cial report before the House in which the fact is more information than the gentleman from South mentioned. They had not had the Treaty beCarolina seems to possess, it would be well if he tween this country and Great Britain laid before had a little more of the zeal he blames in others. them, but they had been officially informed of it, They had endeavored heretofore to furnish a re- and there is no provision in that Treaty for the medial redress to the evil complained of, but with- grievances here complained of. A gentleman has out effect; they wished now to take preventive told the House, that Mr. Jay had made a repreIf there are persons in bondage, they will sentation on the subject, and that his representabe relieved; if not, future impressments will be tion was unsuccessful, so far as that it did not proprevented. He thought there could be no doubt of the fact. But he said the probability of danger confidence enough in the assurance of a British cure an article in the Treaty; but if they have was sufficient. At the breaking out of every war, Minister, that Great Britain will protect American neutral Powers are liable to have their rights in-seamen in future, no farther steps are necessary; vaded, and persons might be placed with propriety but if not, they should let the Governments of difto prevent depredations on them. A circumstance ferent nations know that proper means were taken had been mentioned that the British colonial re- for their protection. Mr. G. did not mean to tax gulations are such as to prevent a Consul residing any branch of Government with not having done there; it is doubtful, therefore, whether an agent its duty; he hoped it would not be made the bucommissioned by the present bill would be per-siness of the select committee to go into a detail mitted to remain. It requires consideration. We of facts; he wished the bill to be general, and have heard, said he, remarks on different kinds of citizens; it is the duty of Government to defend thought the facts sufficient for the purpose.

means.

alike the native and the naturalized citizen.

The certificates of citizenship proposed to be given by this measure would accomplish this end. The similarity of language of British and Americans requires this step. If Britain discovers, said he, that we are determined to defend our seamen, she will forbear to injure them.

Mr. GOODHUE accorded with the member of Georgia not to designate the place of residence of agents. He thought there were not many impressed American seamen in Great Britain; he believed there were more in Hispaniola. Gentlemen had doubted whether agents would be allowed to reside in the British West India Colonies; he believed they would; the reason America had no agents there, was, they had no trade there.

Mr. GILBERT was in favor of the business under contemplation, and of the amendment proposed; but wished for information, as, upon the extent of the evil, the number of agents to be employed would depend. He wondered there should be any objection to this; he wanted it not only for himself, but that the country might know the whole extent of the mischief.

Mr. LIVINGSTON said the proposed measures would give gentlemen the information wanted of unfortunate individuals at three thousand miles distance, as it was proposed to send them a friend to inquire into their sufferings. He would state for the information of the gentleman from South Carolina, evidence which came within his own knowledge. The ship Somerset, from New York Mr. HILLHOUSE said, if the gentleman who to Bordeaux, was taken on her passage home, by brought forward the present question, had been in an English man-of-war, five of the crew were inthe House when the subject was formerly dis- pressed, three of whom were American citizens. cussed, he would have seen that the feelings of He hoped, therefore, after this fact, he might demembers were sufficiently alive towards their fel-pend on his vote. He had no great objection to low-citizens-the American seamen. He believed the amendment, though he wished the business to there had been instances of impressment, and that have continued as at first stated. they ought to be inquired into. What had been done for their relief, he knew not, but did not

Mr. HILLHOUSE said, that in order to know how far the appropriation of money is necessary to en

MARCH, 1796.]

Impressment of American Seamen.

able the PRESIDENT to go into the subject, the extent of the evil should be ascertained.

[H. of R.

appropriation for the Military Department, who recommended a resolution to the following effect: dollars be appropriated towards the defraying of the Resolved, That the sum of five hundred thousand Military Establishment for the year 1796."

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Adjourned.

Mr. W. LYMAN liked the original form of the resolution better than the present. He said there were very few causes of complaint except against Great Britain, and he thought it a kind of faise charge to charge other nations. It had the appear-mitted to a Committee of the Whole to-morrow. Read a second time, and ordered to be recomance of timidity. Gentlemen had said there was nothing but newspaper information to act upon; if there were no more, this, he thought, would be sufficient ground to inquire into the fact. There would be an expense indeed of five or ten thousand dollars, but he thought it better to pay this sum than that a single citizen should lie in chains. He was of opinion that there had not been too much but too little sensibility discovered on this

occasion.

TUESDAY, March 1.

A memorial was presented from Richard Taburn, praying for a law to be enacted to encourage the introduction of the Useful Arts into this coun try, by allowing citizens who prevail with foreigners to bring over their discoveries to this country, to participate with them in the advantages to be Mr. BOURNE said, that the gentleman who spoke derived therefrom. After some conversation on last had objected to the resolution because it in- the propriety of admitting this memorial to be recluded other nations with the British, though a ferred to the committee to whom was referred member, in the course of the present debate, had the bill for the encouragement of the Useful Arts, mentioned an instance of a French privateer hav-it was ordered for the present to lie on the table.

MILITARY APPROPRIATIONS.

ing so notoriously abused some American seamen, that the commander of the vessel was cashiered on a representation being made to that Govern- finished business of yesterday, to take up the reThe House having agreed to postpone the unment. With respect to the information wanted by the gentleman from South Carolina, he wished port of the Committee of Ways and Means for an him to recollect what had happened at Rhode appropriation for the Military Establishment for Island at a time when Government was sitting ingly resolved itself into a Committee of the 1796, presented yesterday-the House accordthere. Nine citizens, he said, were discovered bound in fetters on board a British vessel. and amendment. It was suggested by Mr. NICHOLAS Whole, and went through the report without taken out of it; and it is possible, added he, that whether a less sum than $500,000 would not be this may be the situation of numbers of citizens sufficient for the present provisional supply. Mr. of the United States. He approved of the resolu-W. SMITH and Mr. SEDGWICK said that a less tion, because it made it the PRESIDENT's duty to appoint the agents, and the duty of the House to appropriate the money.

Mr. REED said, it seemed to be a doubt whether any American citizen was at present in the power of the British. Bishop White had mentioned to him, he said, that he had lately received a letter from an American sailor on board a British ship now lying at Halifax, whose mother lives in this city, entreating that some interference might be

made on his behalf.

it would make no real difference whether two sum might answer the present purpose, but that granted, being only on account of the expendihundred or five hundred thousand dollars were ture, which would require, it was supposed, near through the House, Mr. GALLATIN observed, that a million and a half of dollars. As the bill passed if any member wished a less sum to be granted for the present, a less sum might be agreed to. No amendment being proposed, the report was agreed to, and referred to the Committee of Ways and Means to bring in a bill.

Mr. GILES did not wish to encroach on the duty of the PRESIDENT, nor did he think it would be TREATY WITH GREAT BRITAIN. any, to say agents should be appointed, and leave it to him to appoint them. He was of opinion The following Message was received from the with the member from Rhode Island, that Ameri-PRESIDENT OF THE UNITED STATES: can citizens should be attended to in other coun- Gentlemen of the Senate, and tries as well as in Great Britain. He had not of the House of Representatives: heard of any impressments but by the British, but The Treaty of Amity, Commerce, and Navigation, he had heard of captivities; and that House had concluded between the United States of America and heard of a French officer being cashiered for ill-His Britannic Majesty, having been duly ratified, and the treating American citizens; but it had heard no in- ratifications having been exchanged at London on the stance of Great Britain punishing officers for ill-28th day of October, 1795, I have directed the same to be treating American citizens. No; this marked the promulgated; and herewith transmit a copy thereof for the information of Congress.

different character of the two nations towards the Americans.

A rising of the Committee being called for, it rose, reported progress, and asked leave to sit

again.

Mr. W. SMITH presented a report from the Committee of Ways and Means, respecting an 4th CoN.-14

G. WASHINGTON. UNITED STATES, March 1, 1796.

the Treaty, and the additional article being read, The note from the PRESIDENT accompanying ferred to the Committee of the Whole on the the Treaty and papers accompanying it were restate of the Union.

H. OF R.]

Impressment of American Seamen.

AMERICAN SEAMEN.

The order of the day on the report for providing relief to American seamen, being taken up,

Mr. SWANWICK rose to inform the House, that since he was in his place yesterday, he had been called upon with evidence on the subject now before the Committee, in consequence of the call made for it in the course of the debate. The instances he had given to him were, the case of Robert Norris, a native of Princeton, in New Jersey, and five others, who sailed on board the American brig Matilda, Captain Burke, from Philadelphia, which sailed from this port in May - last, for Bordeaux, and were, on the 9th of July, brought to by four British frigates, forcibly taken out of the vessel, impressed, and compelled to go and serve on board one of the said frigates called the Stag, where they served four months, when the said Robert Norris made his escape from the frigate at Sheerness, at the risk of his life, and returned in January last to the United States. His companions he believes are yet in bondage. The other instance was the brig Sally, Captain Wilkins, which sailed from this port in May last, bound to Madeira, and five days after leaving the Capes was brought to by the Rattlesnake sloop-ofwar, Captain York, and the mate (a native of Scotland, but who had sailed for many years out of the United States) and one of the best seamen, (an American,) taken out. They were carried to Halifax, from whence the foremast man made his escape, and arrived here the beginning of July. Before they arrived at Halifax, he informs, that fifteen men were taken out of American vessels. Mr. S. read also an account from an owner of several other impressments.

[MARCH, 1796.

ments from a Baltimore paper, made recently at Cape Nichola Mole, one of which stated that one hundred and fifty Americans were on board one frigate on that station. Mr. S. concluded by saying that if a law passed agreeably to the resolution, it would show the nations of Europe that we would no longer submit to the injuries done our seamen.

Mr. HARPER said, he should give his concurrence to the amendment, as most likely to obtain information of, and furnish relief to, American seamen; for, though he differed from certain gentlemen, he was not less a friend to that useful body of men than they. He supported, as before, the reasonableness of grounding every proceeding of that House upon due evidence.

Mr. BALDWIN said, if the amendment was considered as his, he should not think it of sufficient importance to delay the matter. Of the two means, he thought it the best, and gave his reasons for that opinion. The Constitution, he said, supposed that the Executive would always create as many officers as were necessary, and the Legislature had the power of checking too great a multiplication of them.

Mr. LIVINGSTON was more and more convinced of the propriety of the original resolution, and of appointing agents specially for the purpose. He mentioned an affecting instance of the impressment of an American seaman, and touched upon some of the arguments which he yesterday used in support of the measure.

Mr. BOURNE wished the resolution to be as general as possible. The PRESIDENT, he said, had sent an agent to the West Indies, and he doubted not that he had authority to relieve American Mr. MADISON said, if the motion under discus- seamen: if so, there was no necessity for providsion was meant to supersede the appointing of ing by law for a special agent. If this should apagents, he should object to it. Perhaps, he said, pear necessary when they received information. a question might arise whether an agent of this from the Secretary of State on the subject, they kind might be an officer of the United States. might provide accordingly. It may appear, perBut, however this might be, the Constitution said | haps, that the Consuls in different ports have althat no office could be created and filled by the ready received instructions to inquire into the same power; this being the case, that House state of impressed seamen. He defended the conought to establish the office, and leave the PRESI- duct of the member from South Carolina, and DENT to fill it. Besides, if it be the intention of thought much had been said against him, unnethe House to furnish relief to the objects contem-cessarily, on account of his difference of opinplated, they should designate the mode; and no doubt could be entertained but that agents specially appointed would be preferable to Consuls. But if the present motion was agreed to, it would be dismissing the plan of appointing agents, and leaving it to the PRESIDENT to appoint them or not. He hoped therefore the original resolution, and not the amendment, would be agreed to.

Mr. W. LYMAN opposed the motion on the same ground as yesterday.

Mr. S. SMITH said that it was true the PRESIDENT had already the power to appoint agents, and the annual vote of forty thousand dollars for foreign intercourse would give him the means, but that he could not pursue the liberating of our seamen so well without as he would with such a law as the resolution contemplated. In addition to the instances given of American seamen being impressed, he read some accounts of impress

ion on the present question. Mr. B. concluded, by observing that he doubted not that the evil complained of existed, and that when official statements were received, they would fully establish the fact. He hoped the amendment would be adopted.

Mr. GALLATIN wished yesterday that the resolution might be made as general as possible, and that nothing might be included in it that could give offence to any branch of Government. On due consideration of the subject, he had, however, found that, without appointing an agent, the desired effect would not be produced. The PRESI DENT, he said, has the power to appoint Ministers, Consuls, or Ambassadors. It was necessary they should designate the kind of agent they meant to appoint. The PRESIDENT has the power to appoint agents of inquiry, but he has no power to appoint an agent in an official capacity. The re

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