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Tous les autres exemplaires originaux sont filmAs en commen9ant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la derniire page qui comporte une telle empreinte. Un des symboles suivants apparattra sur la dernidre image de cheque microfiche, selon le cas: le symbols —► signifie "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc.. peuvent 6tre filmte A des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clich6, 11 est film6 A partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas. en prenant le nombre d'imagas n^cessaire. Les diagrammes suivants illustrent la m6thode. 1 2 3 1 2 3 4 5 6 TV IN Mr. of tf cand now men frori gent The 8tat( erat com as ( by J cei\ the cou dut 1 « 8i * 8t • d « w •P • f< w Mr. HILLHOUSE'S SPEECH, IN THE SENATE, On the Resolution to Repeal the Embargo, niiCEMBEB 9d. 1808 ! JUNl^ IN ANSWER TO Mr. GILES'S SECOND SPEECH, 1955 DELIVERED «» THE SAME DAY* Mr. ^^^^^l^l^Q 3|,eaay occupied so ttiucti of the time of the senate (to whom my acknowledgements are due for the cLdidTention with which they have heard me I shall not Tw trespass on their patience, by again going into the argu- ment at^large, in answer to the remarks of the gentleman ^Virginia (Mr. Giles) upon what has been said by the gen^lem?n from Massachusetts. (^^^ P^^^^^E ttn7in Si: The answer to most of these remarks will be found in the statements and observations already submitted to the consid- eration of the senate. Such of the gentleman ^ ^^^'^J^ consist merely in preremtory denials or positive declarations as to questions of public concernment, and are unsupported bv a statement of facts or reasons, merit no reply, and will re- ceive none from me. On two points only shall 1 remark ; tSL resolution of the senate in 180(>, and the British orders m council as connected with the act of parliament, laying the "•The res^ruUon is?n these words. ' Resolved, that the Pre- « sident of the United States be requested to demand the re- • storation of the property of the citizens, captured and con- « demned on the pretext of its being employed m a trade « with the enemies of Great-Britain, prohibited m time ot • peace ; and th6 indemnification ot such American citizens • For the losses and damages sustained by these captures and • condemnations; and to enter into such arrangements with • the British government, on this and other differencet su&- • N I ' N « « * sisting between the two nations (and particularly respect* * ing the impressment of American seamen) as maybe con- * sistent with the honor and interest of the United States, and * manifest their earnest desire to obtain for themselves and « their citizens, bv amicable negotiation, that justice to which * they are entitled.* This says the gentleman from Virginia, was in the nature of an instruction to the President of the U. States, so understood by the senate at the time, that the flag of the United States should protect all persons on board A-^ mericun vessels: he therefore could do no otherwise than make it an ultimatum. This is the apology, and the only apology, offered by the gentleman for the President's having made it a positive article of his instructions. It cannot be justified to the nation, that it should be made an ultimMtum^ after it had been ascertained that the point would not be conceded by the British government, and thereby hazard the peace, and the then prosperous commerce of our country, upon a vain at-* tempt to secure foreigners, and most of them British subjects, on board American vessels, from impressment. That Great- Britain or any other nation, should be allowed to impress real American seamen was a point that could not be yielded. But far different is the President's claim, that the American flag should protect all persons sailing under it. The resolution is before the senate; it speaks no such language; and did t warrant the risking of the peace and prosperity of the nation on such an ultimatum.* The resolution, among other causes of difference, mentions that of the " impressment of Ameri" can seamen/* as a subject of " amicable negotiation.*' There is not the most remote intimation that it was the wish of the senate, that the United States should set up the lofty preten-^ sion, that the American merchant flag should protect all per* sons sailing under it; a pretension which we had not one line of battle ship to enforce. I cannot find in the resolution an expression of the opinion of the senate, that any point of dif- ference should be made an ultimatum. The whole was left open to amicable negotiation and arrangement. This would have accorded with the wise policy which was adopted in 1794, and was successful. That such was not my understand, ing of the resolution as the gentleman from Virginia now contends for, he must be satisfied, when I remind him of what took place three or four days before the late rejected treaty, (or rather a copy of it) reached this city ; when that gentleman declared, that * if the treaty did not contain a posi« tive stipulation that the American flag should protect a// per- son; sailing under it, and in every sea, it would be sent back.' A fcpheu. iiif^u ih^ trvuty will be sent b»c& i r. - 1^ I II larly respect* may be con- ed States, and lemselves and slice to which rom Virginia, lent of the U. , that the flag ^ on board ^- Mse than make only apology, ing made it a ae justified to w, after it had needed by the ?ace, and the ion a vain at* ritish subjects, That Great- impress real yielded. But American flag e resolution is ; and did t of the nation 1 other causes mt of Ameri» tion." There le wish of the lofty preten* rotect ail per* d not one line resolution an / point of dif- hole was left This would IS adopted in ly understand. Virginia now emind him of late rejected y ; when that lontain a posi« >rotecta//ptfr- be sent back.' it it had beta »• e.M\i^r^ that Great-Bfitain would not «,certamed to »«y. «*Vfo„ uitU she w^ prepared to surren- agree to such a st^P«^^»»^"; ""^/j^l Superiority. Knowing dir her fleet, and vield "Pjl^^J^^^^e of the President, I was that gentleman to Ge ^» ^^^^^^^^^^^ tUen. for the first tm.e, astonished to hear the declaratwn . an ^^^^^ ^^^^^^ suspected that any such ^J^f^"^^'^"' ^^^^ the American Ha§ the question been P"^*;.^^ ^^.'/^^^^^^ and even your honor people-will you ^fn'^earrnow told are atstake) in an Ind'indep«ndence (wh^^^^^^^^ vessels fn,m Attempt to protect >retgnm on administration impressment, those ^^'V /^JZ^ll't^de altogether from our now have it in contemplation o '^^^e ^^^^ l^^en ? I leave ,,r«2ce 9 What answer ^°" f . .^^^^ J'',„/| American feel^ every man possessing ^•"^ f/f "^^known ^ a copy only of ings io give the answer. It "JthVsd of M*'^^ 1807, theday the treaty reached this city, <>" ^"y" ^vas shewn to the congress closed their session ; ^^>/^». f^PJ^e day. he announc- President; and on ^he evenmgof thesa^^^^^^^ ^^^^ ^^^^^ cd, not to the senate but to «°™^. ^^^^^^^^ senate. At this thit the treaty would not be submit ed^o^^^^^ ^^^ ^.^.^^ time, the original treaty, and the d.s^^^^^^^^ .^^ ters which accompanied the same ana exp ^^^.^^^ ^^ provisions, had not reached 2,^^^^^^^^^^^^ of go- flew-York on my way ^\^;^^''^Z;r,i 1 found Mr. Pur- yernment. whichIleftonthe4thofMarc^^^^^ ^.^^^ ^^^ fiance a special ""tf^'^/f * .r Ivm It was impossible treaty and dispatches for our govern^ any correct therefore, that the President s^iould haje .^j lation opinion of its merits. Not finding the pr p^^^^^^^ ^^^^ mpecting the American flag, ^^^'^nta against the treaty, preldictionof the gentleman f^^^J'^f^^^e' tolur merchants to P Tho' it was matter of great convenience ^^^^^^^^ ^^^ employ foreigners, to aifj«J?"y\"f„ object of such impor- profitable commerce ; yet it w^J °7^" ^^^^^^^ that very com- ?ance as that it would be ^l*;^.^" Jf "^^^^^ to protect these merceand other important ^»\e^^^^^^^^^ foreigners irom impressment, ^^.^^'^^^u^^^ %A government never <^^^^fJ^^lS^^^ disfrimin- The only difficulty has been to devise some m^ ^^ persisted in ating American <^^«"lB^^*i:.^,„^Xjhould protect all seamen, Tre^rrr d^hM^ -^eS American seamen. wm on fh?^^r "" 'H ^"^"'"^nts communicated the lastsessi- of 'isni * 'i?T "^f;'^'"'» ^«« contained in the instructions ot 1804,* which will account for the failure of the neffociati- ons which have been carrying on for so many years. And is it not to be lamented that ourlaving demanded^ an unHnalm what It was we I known would not be granted, has given to he interest ot Great Britain, and nations are usually eoverned by their interest to be at peace with the U. S. that I cannot and 11T?A '^^Pf'^.that if a negociation was commenced and conducted with the same spirit, and with that liberal lav7. Tit ^'"''^r^f^ *" ^^^ negociation of 1794, it would nave a like successful termination. r\A aZ^^^^^^""^ *^^ ^"^^^^ «f *^i« B"t'sh orders in co in- CM, and the act of parliament, shall close my observations. Th« gentleman from Virginia asks in emphatic language, are you prepared to submit to an act of parliament ihi posing a tax ' are you prepared to pay tribute to, and be colonized by Great Britain? I answer NO. i will never voluntarily yield what we waged war and encountered all the difficulties of a revolu- tion to obtain. Whenever there is an attempt by Great Bri- rajn or any other nation, to impose those evils upon us, I shall ^nf'^/if'!* '*? ^PP'^ '^® P''°P^'^ remedy. But an embargo is not that remedy. 1 can never consent to inflict stripes on our own backs for the faults of others. ^ 1 o make myself understood, let me put a plain case or two. supposing orders in council were to issue declaring it lawful to carry on a free trade from Boston to Alexandria, are we to abandon that trade through fear that we should be thought to submit to British orders ? British orders in council grantine us permission to trade where we had a previous right, would DC tutile and ought not to prevent our pursuing our trade upon ine giound of our antient right. So our carrying on (lade T A .^^^ P^^c^s »»^e have heretofore been accustomed to trade with, though they may come within the purview of the uritish orders, might be carried on without submission, with- put disgrace. Suppose another case, that orders in council should prohibit ^ direct trade between Boston and Alexandria, and subject all ^f ^ t f° capture and condemnation, that did not first touch at Halifax, pay duties and take a licence; at the same time an act of parliament should pass laying an export duty of ten per cent on all exports from Halifax, of what should we have a right to complain? Surely not of the act of parliament; that would be a mere municipal regulation, laying a duty on ex- ports, which parliament mi^ht have a right to do, though by the last se88i« ; instructions he negociati- r8. And is it m ultimatum given to the o much the lly governed hat I cannot commenced that; liberal 4, it would era in co in« i^ations. Th« Jge, are yotj >sing a tax ? sed by Great yield what of a re vol u. Great Bri- n us, I shall embargo is ipes on our :ase or two. ig it lawful . are we to thought to :ii granting ght, would trade upon »g on trade ustomed to view of the >ion, with-» Id prohibit subject all first touch ne time an 'often per we have a nent; that ity on ex* though by the constitution of the United States it is forbidden to Con- gress. As well might Great Britain compluin of the draw- back duty of three percent, laid on her products when export- ed from the United States. What we should have a right to complain of, what we should complajn of, would be the or- ders in coujicil, as a gross violation of our rights, and a most unwarrantable encroachment upon our sovcvcignty and inde- pendence, to which wc could not submit without dishonour, which ought and must be resisted. Let me aslt, would it be proper, in the proposed case, for the purpose of avoiding sub" mission and a surrender of our independence ^ to lay 2iii embargo on the ports of Boston and Alexandria, and thereby not only cut off their trade with each other, but with all the world ? 'l should call this submission, the most tame, dishonourable yCovo" ardly submission. Mr. President— SM/)?72m/on is a word I utterly discard. It is a word not to be found in the poliiical dictionary of New En- gland. It is because 1 am not for submission ; it is because I nmhx preserving oyxt independence and honour that I am for repealing the embargo. *NOTE. Articles of instructions from the President of the United States, to Mr. Munroe, January 5th, 1804. SECOND AND ULTIMATUM. " No seamat), seafaring, or other person ' shall, upon the high seas, and without ' the jurisdiction of either part}', be de- ' manded or taken out of any ship or ves- * sel belonging to the cJtiijens or subjects ' of one of the parties, by the public or * private armed ships belonging to or in ' the service of the other party, and strict * and effectual orders shall be given for ' the due observance of this engagement ; * but it is to be understood that this article 'shall not exempt any person onboard ' the ships of either of the parties from Vbeiflg taken thetefrom by the other par- ' ty, in cases where they may be liable to ' be so taken according to the laws of na- ' tions, which liability, however, shall * not be construed to extend in any case ' to seamen or seafaring persons being- 'actually part of the crew of such vessel ' in which they may be, nor to persons of • ' any description passing from one port to I * another port of either of the parties." Fjrst Proposal. ' No person whatever * shall upon the high * seas, and without the 'jurisdiction of either * party, be demanded or ' taken out of any ship ' or vessel belonging to ' citizens or subjects of ' one of the parties, by * the public or private ' armed ships belonging 'to or in the service of * the other, unless such * person be, at the time, * in the military service * of an enemy of such ' other party." In th« instructions of May 7th, 1«0(J. Ultimatum. , . • t. . ^n.1 f 'No seaman nor seafaring person 'hall "pon the h,gh «eas. a^^^^^ • witliout the jurisdiction of either party, b«^ ^«'»*"^^f J.^of ^^of ' Tf any sh poi ve««el belonging to the citizens or «" Ejects f^^^^^^ < the pLtiel by the public or Pf i-t^^^^^^^^ IT. r^:! orders « Innorintr to or in the service ot the other parij , «•«" ' .h"a bl givea for th. d«e«b«rv.nce of iW. engagoa-ent.- ^ ^ '\J -p'^^i.ario Mr. HILLHOUSE's SPEECH. December 2(1, 1808. On a motion to refer the reaolulion for repealing the Embargo, to the committee to whom was referred so much of the mes" sage of the President of the United States, as relates to the several embargo laws, to examine and report whether any further measures are now necessary to enforce a due observe ance thereof, Mr. President, I hope the senate will not agree to the present motion.— Such a reference would be in direct contradiction to the ob- ject of the appointment of tliat committee ; who are to pro- pose measures for enforcing the embargo ; and it would be absurd to refer to them a resolution for repealing it. Which commission are they first to execute ? If the laws are to be repealed they want no amendment ; and while preparing amendments it would be absurd to take into consideration the propriety of a repeal, I hope the resolution will not be refer- red to any committee. It is of the utmost importance that we should come to a speedy decision. If the embargo is not to be repealed, it ought to be known. Surely it cannot be the inten- tion, it cannot be the wish of gentlemen unnecessarily to add tc the sufferings of the people, already begining to be intoler- able. The season is fast approaching when the rivers will be closed with ice, and the means of sending the produce of the country to market obstructed. Under an expectation that the embargo would be raised, vessels are preparing for sea; and produce is finding its way to the great capitals for exporta- tion. The farmers, the favorites of the gentleman from Vir- ginia (Mr. Giles) as he says, but who will be very apt to think he has chosen an unfortunate mode (a perseverance in the em- largo system) of shewing his love for them— the farmers, I say, want to know whether they are to continue to fatten their beef and their pork, which is done at great expense— and to thresh out and manufacture their wheat into flower— all which ■would turn to little account if the embargo is to be continued and more rigorously enforced. Why. let me ask, should we avoid the question ? ^It has been fully discussed ; and it is not a select coffimitiee, but the whole senate that ought to pronounce on a measure of such r I ■ !" . 8 n,a"nitudc-i measure wiiicS tnuci.es ilic ii.lerest -and feelln* Tf Iverv "ndi.i.lual. A reference to a commmee. or any post- ;>.; «,m besDortin" with the deepest interests of the •^S The P^op'^' Khrnot to be thus'irf/ied with. They »re r Jthcy a?e/r«m.«-nay more, they .re t\,^sovcre,gn. ^r i^e couu ry ; a/d, to use the expre»ion of a S™tleman late- Iv a membe oi this floor, but now executing the first ofl.ce of ly a """""f i,.,,„|_„j <. „<, are their servants." And shall wc w^:otr elS with tL management of the great a»airs of I^ate and hold suspended on the vote we are about to give, t,pmrt important interests of the nation, not dare to do our Juiv" S™ we. when a storm, a tempest threatens our counr- trJwith overwhe ming destruction, hide ourselves ma commit- 7e mom and Lre. in a .ecrct ™..ri,,?. and with c/»W rf.o^^^ decide" question which we ought to meet in the f»ce"f ••« aeciue >H> J (^ lj^^ ^g conduct rJ'? ?ffairs > No, rfoHtuation requires that we take the tnt fnk If we lead the way the people will follow, and '"^ ^rlVrv efficient measure which shall be found necessary jrvfficate Lr vlunded honor. But if we shrink from our du^or adopt /^<-W^, tMd, cowardly m««ures the people w. I S°and>riaieu;. In the clear sun-shine, and with a fair Se breeze, the cabbin boy can steer the ship-but when the ^emtst rage it requires the' able seamen to be on deck-and ihe m^t elpeiienced and skillful pilot to take the helm. No ^ffit to orcside over the destinies of a nation, who. in pe- Xus UmclTatid to risque his popularity for the publu. *°-^Si?'the resolution on your table has undergone ampledis- cuiion-it is a resolution on which the people have a right « «nect a prompt decision. A direct negative is preferable to « ^tate oFsuspence. I hope, sir, we shall reject all motion* for commitment or delay, and have a questi.n on the ie«,lu- tiOD. ■