SENATE. Proceedings. JANUARY, 1806. WEDNESDAY, January 15. ference of the belligerent nations with neutral The following Messages were received from the commerce; and the memorial was read. PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: I now render to Congress an account of the grant of twenty thousand dollars for the contingent charges of Government, by an act making appropriations for the support of Government for the year 1805. Of that sum nineteen hundred and eighty-seven dollars fifty cents have been necessarily applied to the support of the Territorial governments of Michigan and Louisiana, until an opportunity could occur of making a specific appropriation for that purpose. The balance, of eighteen thousand and twelve dollars fifty cents, remains in the Treasury. The Messages and documents therein referred to were read, and ordered to lie for consideration. The Senate resumed the consideration of the motion made yesterday, that it be Resolved, That that part of the President's Message which relates to the spoliation of our commerce on the high seas, and informs us of the new principies assumed by the British Courts of Admiralty, as a pretext for the condemnation of our vessels in their prize courts, be referred to a special committee. A motion was made by Mr. ADAMS to amend the resolution, by striking out "a special committee," and inserting the words "the committee to whom was referred the memorial from the merchants of New York; and, on appeal to the decision of the PRESIDENT, it was determined that this motion for amendment was not in order, the 15th rule for conducting business in the Senate stating that all committees shall be appointed by ballot and a plurality of votes shall make a choice. And on the question, Shall this motion be agreed to? it was determined in the affirmative-yeas 25, nays 3, as follows: YEAS-Messrs Adair, Anderson, Baldwin, Bradley, Condit, Fenner, Gilman, Hillhouse, Howland, Kitchel, Logan, Maclay, Mitchill, Moore, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Tennessee, Smith of Vermont, Sumter, Tracy, Turner, White, Worthington, and Wright. NAYS-Messrs. Adams, Pickering, and Plumer. So the resolution was adopted; and Ordered, That Messrs. SMITH of Maryland, MITCHILL, ANDERSON, LOGAN, TRACY, ADAMS, and BALDWIN, be the committee. Ordered, That it be referred to Messrs. ANDERSON, LOGAN, SMITH of Maryland, MITCHILL, TRACY, ADAMS, and BALDWIN, to consider and report thereon. The Senate resumed the consideration of the motion made on the 20th December last, for leave to bring in a bill to suspend the commercial intercourse between the United States and the French island of St. Domingo; and, on the question, Shall leave be given to bring in the bill? it passed in the affirmative-yeas 21, nays 7, as follows: YEAS-Messrs. Adair, Anderson, Baldwin, Bradley, Condit, Fenner, Gilman, Howland, Kitchel, Logan Maclay, Moore, Smith of Maryland, Smith of New York, Smith, of Ohio, Smith of Tennessee, Smith of Vermont, Sumter, Turner, Worthington, and Wright. NAYS-Messrs. Hillhouse, Mitchill, Pickering, Plumer, Tracy, and White. So leave was given to bring in the bill, and it was read, and ordered to the second reading. THURSDAY, January 16. The bill to suspend commercial intercourse between the United States and the French island of St. Domingo was read the second time, and referred to Messrs. LOGAN, BALDWIN, and GILMAN, to consider and report thereon. Mr. SMITH, of Maryland, from the committee appointed the sixth instant, on the subject, reported a bill to empower George Rapp and his associates, the Society of Harmony, to purchase certain lands; and the bill was read, and ordered to the second reading. Mr. WRIGHT gave notice that he should, on Monday next, ask leave to bring in a bill for the protection and indemnification of American seamen. Mr. SMITH, of Ohio, presented the petition of sundry purchasers of the lands of the United States in the now State of Ohio, praying an extension of the time for their future payment, and a remission of interest on their several instalments, for reasons mentioned in the petition; and the petition was read, and ordered to be referred to Messrs. SMITH of Ohio, BRADLEY, TRACY, BALDWIN, and ANDERSON, to consider and report thereon. FRIDAY, January 17. On motion, the galleries were cleared, and the doors of the Senate Chamber were closed; and, after the consideration of the confidential business, The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: Mr. LOGAN presented the memorial of the merchants and traders of the city of Philadelphia, In my Message to both Houses of Congress at the stating "at a moment of distress, and in a season opening of their present session, I submitted to their of solicitude, resulting from a novel and peculiar attention, among other subjects, the oppression of our affection of the commercial interests of their coun- commerce and navigation by the irregular practices of try," certain considerations of the ruinous inter-armed vessels, public and private; and by the introduc JANUARY, 1806. Proceedings. SENATE. for defraying any extraordinary expenses attending the intercourse between the United States and foreign nations;" in which they request the concurrence of the Senate. tion of new principles, derogatory of the rights of neu- The bill was read and passed to the second be considered confidential, and that secrecy be Ordered, That the message and bill last read, observed by the members and officers of the Senate. frank communications between our Ministers generally, JANUARY 17, 1806. The rights of a neutral to carry on commercial intercourse with every part of the dominions of a belligerent, permitted by the laws of the country, (with the exception of blockaded ports and contraband of war,) was believed to have been decided between Great BritThe following Message was received from the ain and the United States, by the sentence of their comPRESIDENT OF THE UNITED STATES: missioners mutually appointed to decide on that and To the Senate and House of Representatives: other questions of difference between the two nations, The enclosed letter, from the Minister Plenipotenand by the actual payment of the damages awarded by tiary of the United States at the Court of London, them against Great Britain for the infractions of that contains interesting information on the subjects of my right. When, therefore, it was perceived that the same other message, of this date. It is sent separately and principle was revived, with others more novel, and ex-confidentially, because its publication may discourage tending the injury, instructions were given to the Minister Plenipotentiary of the United States at the Court of London, and remonstrances duly made by him on this subject, as will appear by documents transmitted herewith. These were followed by a partial and temporary suspension only, without any disavowal of the principle. He has, therefore, been instructed to urge this subject anew, to bring it more fully to the bar of reason, and to insist on rights too evident and too important to be surrendered. In the mean time the evil is proceeding, under adjudications founded on the principle which is denied. Under these circumstances the Mr. MITCHILL, from the committee appointed, subject presents itself for the consideration of Congress. on the 6th of December last, to inquire into the On the impressment of our seamen, our remonstrances expediency of appropriating a further sum of money have never been intermitted. A hope existed at one to purchase maps and books for the library, made moment of an arrangement which might have been sub-report in part; and the report was read, and ordered mitted to, but it soon passed away, and the practice, to lie for consideration. though relaxed at times in the distant seas, had been constantly pursued in those in our neighborhood. The grounds on which the reclamations on this subject have been urged, will appear in an extract from instructions to our Minister at London now communicated. TH. JEFFERSON. The Message and letter were read and ordered to lie for consideration. MONDAY, January 20. Mr. MITCHILL, from the same committee, also reported a bill making a further appropriation for the support of the library; which was read and ordered to the second reading. The report is as follows: By the fifth section of the act, entitled "An act to JANUARY 17, 1806. make further provision for the removal and accommoThe Message and document therein referred to dation of the Government of the United States," passed were in part read, and ordered to lie for consid-24th April, 1800, $5,000 were appropriated for the pur eration. The bill to empower George Rapp and his associates, in the Society of Harmony, to purchase certain lands, was considered as in Committee of the Whole, and the further consideration thereof postponed. Mr. WORTHINGTON, from the committee to whom was referred, on the 14th instant the petition of the French settlers of Galliopolis respecting lands located by them on the river Ohio, requested and obtained leave to report by bill. chase of such books as might be necessary for the use of Congress, then about to remove from Philadelphia and hold its sessions at Washington, and for fitting up a suitable chamber for containing them, and placing them therein. The Secretary of the Senate and the Clerk of the House of Representatives were directed to be the purchasers, pursuant to such directions as should be given, and such catalogue as should be furnished by a joint committee of both Houses of Congress. The account herewith exhibited shows in what manner, and to what amount, the money so appropriated has been expended. Mr. SMITH, of Maryland, from the committee to whom was referred, on the 31st of December cerning the library for the use of both Houses of ConAfterwards, by the sixth section of the "Act conlast, the petition of Philip L. Jones and others, gress" passed 26th January, 1802, the unexpended ballawyers, practising at the bar of the Supreme Ju-ance of the said $5,000, together with such sums as dicial Court of the Territory of New Orleans, may be hereafter appropriated to the same purpose, is asked and obtained leave to report by bill. ordered to be laid out under the direction of a joint comA confidential message from the House of Rep-mittee, to consist of three members of the House of resentatives, by Messrs BIDWELL and EARLY, two of their members, as follows: Mr. PRESIDENT: We are directed, by the House of Representatives, in confidence, to bring to the Senate a bill, entitled "An act making provision Representatives, for the purchase of books and maps. The committee almost hesitate to add a sentence, to enforce the propriety of increasing the number already bought for Congress. Every member knows that the inquiries of standing and select committees cannot here SENATE. Protection of American Seamen. be aided by large public libraries, as in New York, Baltimore, and Philadelphia. Nor has it hitherto appeared that so much benefit is to be derived from private collections at the present seat of Government, as in those large cities. Every week of the session causes additional regret that the volumes of literature and science, within the reach of the National Legislature, are not more rich and ample. The want of geographical illustration is truly distressing; and the deficiency of historical and political works is scarcely less severely felt. There is, however, no danger of realizing the story of a parliamentum indoctum in this country, especially if steps be seasonably taken to furnish the library with such materials as will enable statesmen to be correct in their investigations, and, by a becoming display of erudition and research, give a higher dignity and a brighter lustre to truth. JANAURY, 1806. November, one thousand seven hundred and ninetyfour, by the first article of said treaty, it is agreed that "there shall be a firm, inviolable, and universal peace, and a true and sincere friendship between His Britannic Majesty, his heirs, and successors, and the United States of America; and between their respective countries, territories, cities, towns, and people, of every degree, without exception of persons or places." And whereas, in direct violation of said treaty, His Britannic Majesty has caused to be impressed out of the ships of the United States, sailing on the high seas, divers citizens of the said United States; and has compelled them to serve on board the ships of war of His said Britannic Majesty, in violation of their liberty, and at the hazard of their lives; and in despite of the remonstrances of the Government of the said United States, continues said unjust practice; and the seamen The copy of a letter dated 23d of September, of the United States so impressed, by force, retains in 1805, from Mr. Monroe, the Minister of the Uni- his service. And whereas the United States are solted States, to the British Secretary of Foreign emnly bound to protect all those who are bound in alAffairs, referred to in the Message of the Presi-legiance to the said United States: Therefore, dent of the United States, of the 17th instant, was read. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making an additional appropriation to supply the deficiency in the appropriation for the naval service for the year 1805;" in which they desire the concurrence of the Senate. The bill was read, and ordered to the second reading. Mr. SMITH, of Ohio, gave notice that he should, to-morrow, ask leave to bring in a bill authorizing the sale of a certain lot of land. Mr. KITCHEL presented the petition of Samuel Hickendall, a wounded officer in the Revolutionary war, praying that the half-pay of a captain may be allowed him on account of his wounds and disabilities in service; and the petition was read. Ordered, That it be referred to the committee appointed the 20th December last on the bill, entitled "An act making provision for persons that have been disabled by known wounds received in the actual service of the United States during the Revolutionary war," to consider and report thereon. The confidential bill, entitled "An act making provision for defraying any extraordinary expenses attending the intercourse between the United States and foreign nations," was read the second time. Ordered, That the further consideration of this bill be the order of the day for to morrow. AMERICAN SEAMEN. Agreeably to notice given on the 16th instant, Mr. WRIGHT asked and obtained leave to bring in the following bill; which was read, and passed to a second reading: A Bill for the protection and indemnification of Amer can seamen. Whereas, by the Treaty of Amity, Commerce, and Navigation, made between His Britannic Majesty and the United States, at London, on the nineteenth day of Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the day of next, any person or persons, who shall impress of the United States, upon the high seas, or in any any seamen on board any vessel bearing the flag river, haven, basin, or bay, under pretext or color of a such offence be adjudged a pirate and felon; and, on commission from any foreign Power, shall, for every conviction, shall suffer death. And the trial in any such case may be had where the offender is apprehended or may be first brought. lawful for any American seaman, sailing under the flag SEC. 2. And be it further enacted, That it shall be of the United States, on any person or persons attempting to impress him, by force, from on board any vessel of the United States, upon the high seas, or in any river, haven, basin, or bay, to repel such force by shooting, or otherwise killing and destroying the person or persons so attempting to impress him, and shall, as an encouragement to resist, be entitled to a bounty of two hundred dollars, to be paid to him or his order, or legal representatives, out of any money in the Treasury not otherwise appropriated. mation being given to the President of the United SEC. 3. And be it further enacted, That, on inforStates, proving satisfactorily to him, that any citizen of the United States, who shall have been impressed or forced by violence or threats, to enter on board any foreign vessel, shall suffer death, or any other corporeal punishment, by the authority of such foreign Power, it shall be lawful for the President of the United States to cause the most rigorous and exact retaliation on any subjects of that Government, whom he is hereby authorized to seize and take for that purpose. SEC. 4. And be it further enacted, That every American seaman, heretofore or hereafter, impressed and compelled to serve on board any foreign ship or vessel, shall be entitled to receive, as an indemnification for his slavery and hardships on board the ship in which he has been, or shall be compelled to serve, from the day of his impressment, the sum of sixty dollars per month, for every month he has or shall serve on board said ship or ships; and that the said seaman, his heirs, executors, administrators, or assigns, shall be entitled to recover the same in the district court of the State in which the port lies from which the vessel cleared for the voyage in which he was taken, by attachment of JANUARY, 1806. Protection of American Seamen. SENATE. any private debt due from any citizen of the United also, on his arrival in America, to the Secretary of State. And that every captain on his arrival at any port of the United States, before he shall 'be admitted to any entry of his vessel, shall be required by the collector to declare on oath, whether any of the crew have been impressed, which he shall take under the penalty of one hundred dollars, and the collector is bound to return a list of all impressments, so communi one thousand seven hundred and ninety-four, as se cures the inviolability of such debts, as will be infringed by the attachments or recoveries hereby authorized, shall not (so far as is necessary in the execution of this act only) be regarded as legally obligatory on the Government or citizens of the United States. On introducing this bill Mr. WRIGHT spoke as follows: Mr. President-As introductory to the consideration of the merits of this bill, I feel it my duty to call the attention of the Senate to the present degraded state of impressed American seamen, thousands of whom have been pressed on board the British ships of war, and compelled, by whips and scourges, to work like galley slaves; whither they have been forced, by the hand of violence, from on board our own ships, sailing on the high seas, under the flag of the United States, carrying the spare productions of the toil of the American planter and merchant, to a foreign market, or returning with their proceeds. 6 law, (4 vol. 503,) "To lay before Congress anIn 1799, the Secretary of State is directed by nually, a statement of all impressments reported to him, that they might be officially and pre'cisely informed of the state of our impressed seamen." vention of our agents appointed for that purpose, Under these legislative provisions, and the interhundreds of our seamen no doubt have been discharged by the Board of Admiralty, while at the same time, and under the same authority, the impressments kept pace with the dischar ges, so that instead of redressing the wrong, it sult to injury. This all-important subject, from was only inflicted in routine, thereby adding inits commencement, has also been particularly attended to by the Executive of the United States. Our Ministers at London, during three successive administrations, have been specially charged with In doing this, I wish not to enlist your sympa- tions to bring this lawless and cruel practice to an it, and we have witnessed their diplomatic exerthies, but only to present to you a correct state of end, but all to no effect. And now we are informed the facts on which this bill is predicated; facts that stand recorded in the official reports of the by the President of the United States, in his MesSecretary of State, the black catalogue of image of the 17th January last, that " pressments. In the year 1796, Congress, by law, (3 vol. 322,) directed Agents to be appointed, to reside in Great Britain, and in such foreign ports as the President might direct, whose duty it should be, to inquire into the situation of such American citizens, or others, sailing conformably to the law of nations, under the protection of the American flag, who had been, or should be impressed, by any foreign Power, and to endeavor by all legal means to obtain their release; and to render an account of all impressments and detentions, to the Executive of the United States. They also directed the collectors of the several ports, on proof being made of the citizenship of any seaman, to give him a certificate thereof, under a hope that it would have been respected in foreign ports, and have protected him from impressment. This certificate acquired the name of a protection. They also directed, "That every captain of a ' vessel, in case of any of the crew being impressed, shall enter his protest at the first port he shall arrive at, with the name and residence of the person, and transmit immediately by post a duplicate of such protest, to the nearest Agent, Minister, or Consul, resident in such country, and 6 on the impressment of our seamen, our remonstrances 'have never been intermitted; a hope existed at been submitted to, but it soon passed away, one moment, of an arrangment that might have the practice, though relaxed at times in the distant seas, has been constantly pursued in those in our neighborhood." and This, Mr. President, is the prospect presented to our view, whereby thousands of our unfortuuate seamen, that hardy and invaluable class of citizens, are consigned to the most intolerable bondage, by the imperious mandate of a British naval officer, whose word is the supreme law from which there is no appeal; and which gloomy prospect we are now informed, by the highest authority, there is not a spark of hope left to enlighten. Sir, I have invited you to investigate this subject with the eye of temper, but at the same time, I trust, that the nation's justice will not be compromitted, by exceeding the bounds of moderation, for it has its limits; and we are informed by the laws of nations, (Vat. 433, sec. 352,) "that the true and just welfare of the nation is the grand rule. Moderation is always laudable in itself, but the conductors of nations ought to make use of it, only so far as it is consistent with the happiness and safety of their people." Under this view of the subject, can we submit to this state of things? That is the question. I have presumed not; and under that presumption, I have brought the subject before this Senate in the shape SENATE. Protection of American Seamen. JANUARY, 1806. it is presented in this bill. Sir, I wish it to be Mr. President, I have thought it neither unprorecollected that the infant state of our navy sup-fitable or irrelevant to the present subject, to expresses every hope of redress on the element of amine the right of impressing British subjects. our wrongs, and that this is a measure of neces- British jurists have more than questioned this sity, not of choice. Wherefore, I trust it will not right, and the British Parliament have, I prebe thought too nervous, when it is considered that sume, decided the question. we have just cause of war. I will therefore now, sir, proceed to the consideration of the merits of this bill. 6 Sir Edward Coke (2 Inst. 47) says: "The King cannot send any subject against his will out of 'the realm, not even into Ireland, for then, under pretence of service, he might send him into ban The first clause states that, in violation of the Treaty of Amity, Commerce and Navigation,ishment." (H. H. P. C. Notes, 679.) In Hales H. made at London on the 19th of November, 1794, P. C., it is declared "repugnant to the liberty of His Britannic Majesty had caused the impress- an Englishman, and irreconcilable to the estabment of our seamen, sailing under the flag of the lished rules of law, that a man, without any United States. The treaty (2d vol. L. U. S., p. 'offence by him committed, or any law to author464) secures the inviolability of the citizens and ize it, should be hurried away, like a criminal, subjects of the respective Powers; and we are in- from his friends and family, and carried by force formed by the law of nations, (Vat. 655, sec. 39,) into a dangerous service." "that a nation acts against the nature and essence of every treaty of peace, nay, against peace itself, by deliberately and wantonly offending him, with whom peace has been made, and treating ' him or his subjects incompatible with peace, and which he cannot suffer, without being wanting 'to himself." But it may be said that this has not been authorized by the British Government. Let us examine that fact. It is declared by the law of nations, (Vat. 252, sect's 73, 74, 76,) that, however, as it is impossible for the best regulated State, or for the most vigilant and absolute Sovereign, to model, at his pleasure, all the actions ' of his subjects, and to confine them, on every oc'casion, to the most exact obedience, it would be unjust to impute to the nation or to the Sovereign all the faults of the citizens; we ought not, then, to say, in general, that we have received an injury from a nation, because we have re'ceived it from one of its members." "But if a nation, or its leader, approves and ' ratifies the fact committed by a citizen, it makes the act its own; the offence ought, then, to be 'attributed to the nation as the author of the true injury, of which the citizen is perhaps only the 'instrument." That the common law did not admit of such a practice, must have been the opinion of the British Parliament, who, in the time of Charles I., passed a statute (16 C. 1, c. 5) "to authorize the impressment of soldiers and seamen for sea-service beyond sea," which soon after expired, being of short duration. They might also have been of the same opinion in the time of (2 and 3 Ann, c. 19; 3 and 4 Ann, c. 11; 4 Ann, c. 10; 5 Ann, c. 15; 6 Ann, c. 10) Queen Ann, when a number of statutes, of a very short duration, passed in Parliament, in the same terms as the statute of Charles above stated. I presume they would never have passed laws to have authorized a proceeding that was justifiable by the common law. Judge Foster, who is quoted by Britons as an authority on this point, shall be examined. (Fos. C. L. 157.) He states, in the case of Broadfoot, who was indicted for the murder of Calahan, "that, by pressing mariners on one hand, a very useful 'body of men seem to be put under hardships inconsistent with the temper and genius of a free Government; on the other, the necessity of 'the case seemeth to entitle the public to the service of this body of men, whenever the safety of 'the whole calleth for it. I think the Crown has a right to command the service of these people whenever the public safety calleth for it; the 'same right that it hath to require the personSo far I have called in aid the law of nations:al service of every man able to bear arms in I will now refer to the form of the authority in 'case of sudden invasion or formidable insurrecthe case of impressment, which is in these words:tion. The right in both cases is founded on one (Fost. C. L. 156.) "In pursuance of His Majes- and the same principle, the necessity of the case, ty's Order in Council, dated the 19th day of Jan-in order to the preservation of the whole." But, uary, 1742; we do hereby empower you to im- he adds: (Fost. C. L., 154,) "If it be asked, where press, or cause to be impressed, so many sea- are the adjudged cases, on which he groundeth men," &e. And I will refer you to the facts in 'his opinion? he freely confesseth that he hath your own possession, that His Britannic Majesty not met with one on which the legality of pressapproves the act, both by continuing the impressing for the sea-service hath directly come in quesments, and by his lately promoting the Captain of tion. He states that, according to his best apprethe Cambrian frigate, (whom he recalled to ap-hension, (having thought much upon the subpease our complaints on that head,) to the com-ject,) the right of impressing mariners for the mand of a ship-of-the-line; so that in form, in public service is a prerogative, inherent in the law, and in fact, His Britannic Majesty has caused the impressment of our seamen, or he must have punished, and not promoted so notorious an offender. On this point I presume, then, there can be no doubt. "If the Sovereign disavows the act, he ought to inflict on the offender exemplary punish'ment." 6 Crown, grounded upon the common law, and recognised by many acts of Parliament." With great deference to his honor, I would ask, if anything can be evidence of the common law, but judicial decisions on the point, which he admits |