SENATE.

Non-intercourse with France.

FEBRUARY, 1800.

the French, and their officers govern it. It may nearly ten millions of pounds of cotton, and very be said that we know, by the treaty between Spain little short of one hundred thousand hogsheads of and France, it was ceded to the latter; but how tobacco are exported. Flour and rice are also concan we be sure that since that period some secret siderable articles; upwards of 110,000 barrels of agreement has not taken place, and that it is return- rice being exported, and principally from South ed to Spain? Is it not probable, by her keeping Carolina. It will be easily seen, that if in the expossession, that it is so; and ought not the delivery ports of these articles, the French market had been of the place, and the change of rulers and laws, to open, and added to the other European markets. be the criterion with us for judging to what power that in the sales of our tobacco, cotton, flour, and a territory belongs? Can the annexing the Span- rice, the prices must have been greatly increased. ish part of that island to the French, for the pur- From some regulations I am informed of in the poses of this bill, be an object with us to risk custom-houses, I have not been able particularly the enmity of Spain, and the loss of the Havana to ascertain the amount of exports from each State trade to our merchants? I should suppose not; to France. I am told, that the exports from Philand that this new section is an unnecessary and adelphia, for 1796, were, to France, 913,880 dollars; impolitic one, and ought not to be adopted. to the French Antilles, 3,250,584; to the islands of come now to the policy of continuing this bill at France and Bourbon, 20,967. This being the exall, or, if at all, whether it can be politic to extend port from that city alone, we may easily judge how it, as the last mentioned section proposes; or great must be the amount of exports from all the whether it would not be better to narrow its lim- States, and how important this intercourse is. I its, and the territories it is to affect. I know it is have been credibly informed, that while the Vira favorite theme with the Government, that until ginia and North Carolina tobacco planters, and a peace is established with France, we must pre- the Georgia and South Carolina tobacco and rice serve our attitude, and keep up all the measures of planters were obliged at one time to take for defence that have been gone into. to protect us their tobacco, four and five dollars per hundred from her hostility. When, therefore, we see sev- here, that that article was selling in France at eral of those measures either relaxed in or al- fifty dollars; and while the rice planters were obtered, or no measures taken to renew them; such, liged to take six and seven shillings, that rice for instance, as stopping the enlistments for the sold there at upwards of thirty-eight livres; and army, and not reviving the alien law, or pushing that cotton is now selling there at a price which the building of the seventy-fours, it is a strong is so great, that the moment the intercourse is proof that Government and its friends think there opened, there is no knowing to what an amount is a sincerity in the offers of the French, and that the price of cotton in Georgia and South Carolina our negotiations will terminate successfully. Hon- will be increased. Although the Northern States orable peace, therefore, being our great object, may may suffer in some degree in having the internot suffering this act to expire without renewal, course with France stopped, they are by no means or if revived, by lessening its restrictions, and the injured in proportion with the Southern States, places it is to operate upon, hold out such confi- because the Northern have an important comdence, on the part of our Government, in the sin- merce direct with the East Indies, which is scarcecerity and justice of the French administration, ly known, and not at all pursued, in the Southern as may be the best means of insuring future con- States: they therefore by no means feel the loss ciliation and friendship? No great danger can occasioned by this intercourse as much as we do. arise to our commerce, for few of our merchants View the price of tobacco at this moment, and will venture, until they know that peace is made; what was the low price of rice, until the accident and if the reports which are in circulation are of a scarcity in England has given it for the present true, that they have ordered their cruisers to re-a rise. Indeed, to any man the least acquainted spect our neutral rights, the risks will be very small.

I have no doubt, myself that peace will be made; it is peculiarly the interest of France to have it, and this cannot be unknown to or undesired by the consummate politician who now directs her affairs. I am sure it is the wish of every gentleman to do all in his power to promote the desirable end of honorable peace, particularly of those from the Southern States. It is on them the weight of the loss of the commercial intercourse with France has princially fallen. The Northern and Eastern States have not been without feeling their share of the loss of an intercourse with its European dominions, and, until August, with the West Indies; but from Maryland inclusively to Georgia, has the loss been greatest. Our whole exports were 78,664,000 dollars, of which 33,142.000 are of domestic growth, and upwards of 45 millions of foreign. Of our domestic growth,

with the subject, there can be no difficulty in asserting, that on the Southern States has the loss of this intercourse principally fallen, and that whenever the American Government shall deem it expedient to stop it, the tobacco planters of Virginia and Maryland, and the rice, cotton, and tobacco planters of Georgia and North and South Carolina will always have to bear the principal part of the loss. Nor do I believe, that this act has answered the end intended by it, which was to distress France, and deprive her of these articles, so necessary to her convenience. She has generally obtained them, notwithstanding our prohibition, by the way of Hamburg and Great Britain. It is true the French have had to pay higher for them by this circuitous route; but it is equally true, the Southern American planters have in consequence had to sell them at a lower price. It has entirely destroyed all competition in their market, and placed them entirely at the mercy of the Ham

FEBRUARY, 1800.

Non-intercourse with France.

SENATE.

that the ruin of every free government has been formerly occasioned.

burg and British merchants. In short, it has contributed to make Great Britain principally, and Hamburg in a less degree, the depots of all Amer"Men (says Algernon Sidney) are naturally proican produce; for, while this intercourse is pro- pense to corruption, and if he whose interest and will hibited, we have scarcely any other market to it is to corrupt them, be furnished with the means, he send it to. We must entirely depend on the Bri- will never fail to do it. Power, honors, riches, and the tish market, and it operates, in point of commerce, pleasures that attend them, are the baits by which men almost as conveniently for them, as if we were still are drawn to prefer their personal interest before the their colonies. In mentioning this, I desire by no public good; and the number of those who covet them means to be understood as intending to justify the is so great, that he who abounds in them will be able to conduct of France, in capturing our vessels, or re-gain so many to his service, as shall be able to subdue fusing to treat with us. Their conduct was not the rest. It is hard to find a tyranny in the world that only unjustifiable, but impolitic in the extreme; has not been introduced this way; for no man by his and their then rulers must have been blind to their own strength, could subdue a multitude; no one could own interests. But I have done it with a view to ever bring many to be subservient to his ill designs, show the importance of the intercourse with but by the rewards they received or hoped. By this France, whenever our national honor and safety the liberty of his country, and with it all that was then means Cæsar accomplished his work, and overthrew permit, and that nothing but the most urgent ne- good in the world. They who were corrupted in their cessity can justify our continuing the prohibitions minds, desired to put all the power and riches into his a day longer than is necessary. him." hands, that he might distribute them to such as served

With these reasonings of this illustrious patriot, clude my observations against the bill. to whose force it is impossible to add, I shall con

the bill, and it was determined in the affirmative The question was then taken on the passage of

I consider it as my duty to make a remark here, which springs necessarily from the question-it is this: that as our original ground of dispute with France, was the illegal capture of our vessels, contrary to the law of nations, that we ought to convince France and the world that our conduct is intended to be equal to all nations; that it is not because they have any particular prejudice against-yeas 19, nays 10, as follows: France, that our Government adopt these measures, but because she has violated their neutral rights; and that whenever any other nation acts in a similar manner, our Government will use every exertion to remove the inconvenience, and endeavor, at least by examination and remonstrance, to have justice done to their citizens. I did, therefore, expect that long before this, some inquiry would have been made into the captures which have been alleged to be made of our vessels by other nations. It is loudly asserted in the that a very great number of our vessels have been taken; and that, in a variety of instances, the most established principles of the laws of nations have been violated. If so, we have a right to expect the same measures of protection as were taken with respect to France, will now be afforded to our merchants against the depredations of any other Power, and that our Government will prove itself just and impartial in all its proceedings to every nation. I hope it will, and that all its operations may be so founded in wisdom and policy, as not only to restore to us the peace of our former friends, but to insure to us the blessings of an undisturbed commerce with all the world.

YEAS-Messrs Anderson, Bingham, Chipman, Dayton, Foster, Goodhue, Greene, Gunn, Hillhouse, Howard, Lloyd, Paine, Ross, Tracy, Watson, and Wells. Franklin, Langdon, Marshall, Mason, Nicholas, and NAYS-Messrs. Baldwin, Bloodworth, Brown, Cocke, Pinckney.

So it was, Resolved, That this bill pass with the amendments.

The Senate took into consideration the motion

papers,

made yesterday, that a standing Committee of Privileges, consisting of members, be appointed.

On motion, it was agreed that the motion be amended to read, as follows:

Resolved, That a Committee of Privileges, consisting of five members, be appointed, to continue during the present session.

And, on motion to agree to the motion as amended, it passed in the affirmative-yeas 22, nays 7, as follows:

YEAS-Messrs. Anderson, Bingham, Brown, Chipman, Dayton, Foster, Franklin, Goodhue, Greene, Gunn, Hillhouse, Howard, Latimer, Laurance, Livermore, Lloyd, Marshall, Paine, Ross, Tracy, Watson, and Wells.

NAYS-Messrs. Baldwin, Bloodworth, Cocke, Langdon, Mason, Nicholas, and Pinckney.

So it was, Resolved, That a Committee of Privileges, consisting of five members, be appointed, to continue during the present session; and that Messrs. DAYTON, TRACY, LATIMER, CHIPMAN, and BROWN, be the committee.

For the reasons I have mentioned, I shall vote against this bill. Indeed, if I was ever so much convinced of the propriety of continuing the prohibition until peace was made with France, I should vote against this bill, in its present form, on the ground that the delegation of power it contains, is unconstitutional; and that in our Government nothing can be more dangerous to its free- Mr. HOWARD, from the committee to whom was dom and future fate, than the increase of the pat-referred the bill, sent from the House of Repreronage and influence of the Executive-that it goes to destroy entirely the unbiassed Constitutional agency of the Representative branch, and undermine our liberties, precisely in the manner

sentatives, entitled "An act declaring the assent of Congress to certain acts of the States of Maryland and Georgia," reported the bill without amend

ment.

SENATE.

be

Proceedings.

A motion was made, by Mr. TRACY, that it

FEBRUARY, 1800.

The Senate resumed the second reading of the bill, sent from the House of Representatives, entitled "An act to extend the time of payment of bonds given for duties of impost, in certain cases;" and, after progress,

Mr. Ross, from the managers at the conference on the amendments to the bill, entitled "An act in addition to an act, entitled 'An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," reported that the Senate insist on their amendments.

Resolved, That the Committee of Privileges be, and they are hereby, directed to inquire who is the editor of the newspaper printed in the city of Philadelphia, called the General Advertiser, or Aurora, and by what means Ordered, That it be recommitted to the original the editor became possessed of the copy of a bill prescrib-committee, further to consider and report thereon ing the mode of deciding disputed elections of President to the Senate. and Vice President of the United States, which was printed in the aforesaid newspaper, published Wednesday morning, the 19th instant, February, and by what authority he published the same; and by what authority the editor published in the same paper that the honorable Mr. Pinckney, a Senator from South Carolina, and a member of the committee who brought before the Senate the bill aforesaid, had never been consulted on the subject. And generally to inquire the origin of sundry assertions in the same paper, respecting the Senate of the United States, and the members thereof, in their official capacity, and why the same were published; and make report to the Senate. And that the said committee have power to send for persons, papers, and records, relating to the subject committed to them.

Ordered, That this motion lie for consideration. The Senate resumed the second reading of the bill prescribing the mode of deciding disputed elections of the President and Vice President of the United States; and after progress, adjourned.

THURSDAY, February 27.

Mr. BINGHAM presented a memorial, signed by the President of the Board of Health for the city of Philadelphia, praying a more general extension of the quarantine laws; and the memorial was

read.

Ordered, That it be referred to Messrs. BINGHAM, WATSON, and GOODHUE, to consider and report thereon to the Senate.

The bill, sent from the House of Representatives, entitled "An act to continue in force an act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein, and for other purposes, as therein mentioned," was read the second time, and referred to Messrs. LANGDON, and NICHOLAS, to consider and report thereon to the Senate.

The bill, sent from the House of Representatives, entitled "An act to allow a drawback of duties on goods exported to New Orleans, and therein to amend the act, entitled 'An act to regulate the collection of duties on imports and tonnage," was read the second time, and referred to Messrs. BINGHAM, GOODHUE, WATSON, and BROWN, to consider and report thereon to the Senate.

The bill authorizing Seth Harding to locate certain lands in the Territory of the United States Northwest of the river Ohio, was read the second time, and recommitted to the original committee, further to consider and report thereon to the Senate.

The bill, sent from the House of Representatives, entitled "An act declaring the assent of Congress to certain acts of the States of Maryland and Georgia," was read the second time, and ordered to the third reading.

Ordered, That the report lie for consideration. The VICE PRESIDENT laid before the Senate a letter from Samuel Meredith, Treasurer of the United States, with his account for the War and Naval Departments, to the 31st December, 1799; which was read.

Ordered, That they lie on the table.

The Senate resumed the second reading of the bill prescribing the mode of deciding disputed elections of President and Vice President of the United States; and, after progress, adjourned.

FRIDAY, February 28.

The Senate took into consideration the report of the managers at the conference on the amendments to the bill, entitled "An act in addition to an act, entitled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen."

Resolved, That they do insist on their said amendments.

Mr. SCHUREMAN, from the committee, reported that they had examined and found duly enrolled the bill, entitled "An act providing for the second census or enumeration of the inhabitants of the United States."

The Senate resumed the second reading of the bill prescribing the mode of deciding disputed elections of President and Vice President of the United States; and, after debate, the further consideration thereof was postponed.

The Senate took into consideration the motion made on the 3d instant, for an amendment to the Constitution, respecting the appointment of the Chief Justice and Judges of the Supreme Court to other offices; and, after debate,

Resolved, That the consideration of the motion be postponed to Tuesday next.

A message from the House of Representatives informed the Senate that the House recede from their disagreement to to the amendments of the Senate to the bill, entitled "An act in addition to an act, entitled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," so far as to agree to it with certain amendments and modifications.

Proceedings.

The Senate took into consideration their amend-word "twenty-four," it passed in the affirmative ments disagreed to by the House of Representa-yeas 16, nays 13, as follows: tives, to the bill mentioned in the foregoing message; and