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Mr. Reed moved to strike out *' secretary of the treasury" in thr i^th section for the purpose of inserting President of the United Stales — he supported the motion iritlt a few pertinent remarks, hut which were not replied to. When the vote was about to be taken, Mr, White rose and observ-' cd. MR. PRESIDENT, JUN 1 1 W I HAVE no hope of the present ametlciincnt succeeding, anil in- deed, I distinctly perceive it is not the intention of the majority to vary the bill in any respect from the form in which it is now pre- sented to us. In this, sir, perhaps, they may be right, fori view the bill myself as so vitally poisonous, so radically corrupt, that! do not believe it is amendable. It is under this solemn impression, I confess more from a sense of duty, than a hope of success, that I now rise to make one other last effort to ward off; if possible, this bold and deadly charge upon the constitution and liberties of this coun- try. Foi the purpose, therefore, of obtninin-g another vote of the senate upon the bill itself as well as the amendments, I novV move you, that the further consideration of this subject be postponed till the first Monday in November next. I thank God, thatit is at least accorded to one branch of th legislature to pass upon this bill in the day time ; and to this I must attribute the sudden dumbness that seems to have fallen upon its advocates here ; their refusal not only to discuss, but their evident reluctance even to hear any discussion on this subject. , Upon the motion which I have submitted. I consider the bill, as well as the amendments from the other bouse, open to debate ; it was not, however, with this view that I made the motion. I have no wish to talk for the sake of being heard, or occupy the time of the «:enate without at least a hope of attaining some ohjjpct. 1 had not intended to have .said a word on this subject, nor W'tU I now en- ter upon the merits of the bill, my objections Iny to every pirf of it ; yet sir, I could not have patiewcK to examine the minute details of a measure, in the prominent points of which I see, concealed, a blow directed at the vital parts of every thing dear to a freeman.... Pass this bill, an Let me beg gentlemen once more to read the eleventh sec- tion of this bill, it enacts " that it shall be lawful for the President of the United States, or such other person as he shalt have empowei-ed for that purpose, to employ such part of the land or naval forces, or militia of the United States, or of the territories thereof, as may be judged ujcessary, in conformity with the provisions of this and oth- er acts respecting the embargo, for the purpose of preventing the illegal departure of any ship or vessel, cr of detaining, taking pos- session of^ and keeping in custody, any ship or vessel, or of taking into custody and guarding anj- specie or articles of domestic growth, produce or manufacture ; and also for the purpose of preventing nd suppressing any armed or riotous assemblage of persons resisting the custom house ofticers in ihe exercise of their duties, or in any manner opposing the execution of the laws laying an embargo, or otherwise violating or assisting and abetting violations of the same.'' I am aware, sir, that it may be said we have in our statute books a pr'^'^edent for this section, and that the fifth section, 1 think, (fori Ji -'. no book before me) of a law further to preserve peace within the ports and harbors ol" the United States, may be resorted to, in justification of it. Eut it is a precedent only in verbage ; the cases are essentially different... the authority there given to the President Was for the purpose of preserving peace within our own waters, and could be exercised only against an olfending ves:iel of^war of a fo- reign nation. Is that the present case ? Is it likeU? Ko, sir ... JBy this section you delegate to the President, and to his irresponsible agents, uncontrolled authority over all the naval and military forces of the United .States now in service and about to be raised ; not, give me leave to say, for the purpose of preserving peace. ..not to be ex- ercised against a foreign enemy, but to be turned against the bo- soms of your own citizens. Will ireemen submitto this ? Let me admit that the act will not be executed in this way ; that even thig inordinate and dangerous power may be safely confided to our pre- sent executive ; yet I shudder at the precedent. It is in these days of political calms, and of blind confidence in a favorite, that we are in danger of establishing precedents that in more stormy times may be resorted to, by ambitious and desperate men, to subvert the con- stitution and liberties of our country- And I contend, sir, thafc whenever your exet utive chair shall be filled by a bold and ambi« tious manj supported by a blind and dominant party in the two hou- ses of congress, and such a man shall wish to play the tyrant, if he first procures a sufiicient army to be provided under any pretences. i^BMHB ft 3 a«d can then get delegated to him by congress the po^vers given ia th.se eventl. section ol the bill, hi. objea i« acco npl.«l,ed .!yoir cpnst.tut.on am your liberties are at an end...he «?^|| esiMshl s_uthern, a western, an eastern, or any other dynasty he please in this country. And this bill will then be she^u to L/e s they w.II hen be told that no danger is to be apprehended from uch ^ frrant of power to a President, because similar powers had here to- 4ore been ^iven and no injury had resulted to the country. anrlTuV'n' ^'.'V ^I"''"''''' T' ^"^ occupy the time of the senate, o? tl e bn ''•7,'"^'^!f' 7 "»'y ^^r' '^ "'^^'^ ^^'' ^ postponemen *?' .1 . u ^ ""' "P' ^ "'"'* ^^ peruiitted to notice, for a moment he Umte.nth sc-ctmn, whicj. is not an original part of the bTll but has been sent to us by the hous. of r.p re-sen tatives. This section authorises the h,r,ng of thirty vessels nol exceeding an hundred and thirty tons each, to be armed and equipped for sea, lor the purrse of executing the embargo laws. 4, \L man must be l>lif.dTi o "cr/th\f ^^' ^'"-:iV— ,0 strongly of the -onrce when e t can^e that it ,s mipossible to mistake it for a moment...it has the ery fish 0,1 about .t...it is a Aiarblehead t.ick. This is a rider o he famous Marblehead patriotic resolutions read to us some days smce by the gentle,nan from Virginia, (Mr Gil.s)...These xMarble- head patriots not be.ng permitted during the embargo, to export hen- tnh ; for the want of some other capital, about to coml^^.ce t ade ijpon the.r patriotism, and have sent that to marke ! mtrio'tirn'^l 'f °"'y^PP-- ^>f the embar^^o, but with liuch E h n t "^ J ••'icommend to the governm.nl to hire them and heir hundred and thirty ton vessels to^execute it. It is not imnossi- bfe but that this thirteenth section was considered and app o7ed of oy the same meeting that adopted the resolutions, and is now it!- ' tended as a governmental premium to buy patriots with. Hire these Marbleheadmen.H-; arm their vessels, and tell one of chem to victual his vessel for a three or six months cruise upon our coast, and to go to sea ; my word for it, the next news yo, have of your pa!ri. ot he IS lu the West.Indies exchanging the pork and flour of the U. Sta es for coffee and sugar for himself.^ This was the object o th^ resolution., this is the concealed object of the section. It is intend! od to disgrace the government by making them accessories to the violation u. their own laws. But. sir, I have another objection to Ihiosertiou. Ihrse thirty vessels, in addition to the twelve reve- nue cu.teis we have lately provided, and those now in service, will place under the exclusive direction, not of the president of the Uni- ted Scutes, but of a subordinate officer, the Secretary of the Treasu- ry, more than fifty vessels of war, a larger number than has ever been entrusted to the control of the Government itself. And who are to appoint these ofTirers, the President and this Senate ? No p^„";i~ •■"-,,- ,•; f ^n^ /f^'isu'V...ne isio ue me iViarblehead President. We all know how dilTicnlt it is to restrain even the young ofticers commanding our gun^boats, selected and appointed 9s tI-7 are by the President and Senate, from committing acts of violence and ontra^e upon our ritizciia ? And what control do yoy expect the Secretary of the Treasury will be able to assume over these Marbhihcad marauders, once they are turned lo(.)se upon th« little coasting commerce that yet remains to our citiiujnsr Sir, { had rather see so many French or Jiriti.^h picaroons upoji the coast, because they would not be permitted to rob with impunity. -^^^^^3?S35s-; . Mr. HILLHOUSF/S SPEECH, IN SENATE, JANUARY 7, I8()P. On M}\ White s, motion to postpone Mr. Giles's bilL to enforce the Embargo, iciili the amendments of the House of Representatives, to the first Monday^ of November next. \ - MR. PRESIDENT, T SHALL not trespass on the patience of the Senate by repeat- ing any arguments abcady submitted to their consideration. JBut ji, will l)f. re^iieinbered that the debate on passing the bill as it went (Vom the Senate, was protracted to a late hour, whin both speakers and hearers were iriuoh fatigued, and it becatne impossible to consi- der every point. I will therefore now take the liberty of noticing the prectdcnis upon which the gentleman from Virginia (Mr. Giles) so con?uiently relies to justify the princ'ples of this bill. The Orst is that clause in one «»!' ilic; c iibaigo ao's, which gives to the President of the United Stales a discretionary power to sus- pend ti.e enUiargo "in whole or in ])urt;" which was indeeir an cxtntordinuri/ pcAVcr, and nothing sliort of comniitting into his hands I'lc poivcv cf involviri,'>; tlie conn/rt/ in luar. 'i he gentleman ought fur- ther to have stated, that it wus opposed at the tinie, and would now enforce it bv the arbitrary provisions con- I dp yoM ime over jpon the Sir, I he coast. I, es's bin cnts of y rtpeat- lon. 13ut Ls it went I speakers 3 to consi- noticing Ir. Giles) ich gives er to sus- ndeetr an his hands lught lur- t ground; :orded on extiaordi- t laid the sions con- taiued in this bill. It is indeed extraordinr/ry, very extraordinary, ha to usti y an arbMrar^ aud wnvarrantuhlc grant of Vo^cr, gentle- !nel Vould Vote a'precedent of a Uk. nature, ot the.r own u.ak. ing. 5;n act of March 3d, 1807. authorising the President of the U State to use military force to remove from P'^^ '>^ •<*"!•;' H^J/^.tm temniin- to make settlements thereon, is also relied on to just y the Spies o this bill. But the gentleman from V.rgm.a vy.ll find b the journals of the Senat^, that an act makmg provision for car. Vini into execution an Indian treaty, was, at a previous session, reeced, because it contained a like arbitiary and unwarrantable Son. The act as stated by that gentleman, -- afterwards pass- ed, not however w ithout a strenuous opposition ; the votes were 17 'o 15, as appears by the yeas and nays> My vote was agn.ns that a" t; as I hope it will be against every act containing like arbitrary an loppressiJe provisions. The gentleman from Virginia advoca- ted anT'oted for that act ; as he has done for others containing gran s \a extraordinary po^cr to the Executive. Formerly that gentleman s. voice was one of the loudest, and I think I have heard none louder in proclaiming Ids love and adoration for the people ihnt now that he has got into the saddle, he, like many others, who have acqui- red power in the ,ume miy, is for riding on the necks of the peo- pie, and for exercising power in an arbitrary and oppressive man- "Tshallnextnot.ee the law of March 3d, 1805, and a law con- taming a like provision, passed June 5th, 179-t. As the gentleniau from Virginia seems to attach some importance to his precedents, from the circumstance of my having ir. some instances voted for them, I do not hesifale to declare, that I voted for the lavy of 1805. and it is probable I did also for that of 1791 : as I could have no obiection to a law which was necessary to preserve peace, and pre- vent /,ww//5 to our government, or the violation of the laws wilhm our ports and harbours, and on waters within our own jurisdiction, by foreign armed ships, or ^vessels Biting out with hostile views a> gainst aiiy power with which we were in amity. The military force authorised by those laws, would in no instance be employed on the land, and asrainst our own citizens; except to prevent the tarry- inr on a military expedition or enterprize against such foreign povv-- er? So cautious were the administrators of the general government Qf callino- in the aid of the military to enf<, rce the laws, that no ex- press pavver was given to the President of the United btates, by any act of Congress, to employ any part of the standing army or naval force, until, under the present administration, the law mentioned by the gentleman from Virginia, of March 3d, 1807 (m my opinion a yerv proper law) was pass<:d, giving to the Pr. ident a power, in all cases where he might call forth the militia for the purpose of suppres- in'2 insurrections, or of causing the laws to be executed, to employ, for the same purpose, such part of the land and navai iorce or me United States, as he may judge necessary; " having fi^^^t observed all the prerequisites of the'taiv in that respect." In the two lust lines of this law, arc a few words of great significance and impcri... 'hay- l.ot to take the lead, as in the T ent hW. . . ' ^''^ ^"''"''y '* and bo suhord.nate to the civil po.v" Tu 7\'' '" ^^"^^ '" ^''^ «'■' journals, that no e/li)rt consistent m i»K »l. i "''?7 »PP^-ar ou our ' Deen on.iUcul to prev.ntT a^^^^^ Senate, ha, g^nil^man from Delaware (MwCTteW^'^'^^ ' ^"' ^''^^^ ^^e o../or a po.s,ponen.ent of tl e biil ,o Uv- L^Zf\ '"'"'f l' ^"^ ™"''- next. The amendnHMUs /Vo.n the IJouseor I '^ ""^ November «oi .n the Jea t reconciled me to L »?M "•^P''^'^'-'"tat>ves. have That : '=* ^'^^ ''"X value. the understandings oF the A.:; ctr'^r ' 'C'u^' '"• '""/'/^^ as It passed the Senat... *' neither c.nr.r /^ ^'^ "''ginal bill accident vvhatev.r, .hall be n lad..d n ' ''^'■"''' "°'' «".>^ ^^her amendment proposes to ad ''^n|e^^^^^ '" evidence." ] ho ' proved to Lve been I >sm|. "^ ^/^^^^ ^'"Ptur.. shall be expressly ' oned by no n^gb^jence o devi • ' '"'''''' ""' ^^'^i^ent occasi. ' ted by a master, male or na es ml-i^r," 'T^'' ^^"''^ "^^''^'«- 'shall be citizen, of the Unded tater. ?"' ^""^' -''«"' 'ma,e., mariners an.; crew hall . M I' . ,'"' '"' '^ "'^^^ ^^r Mheirdeath.hal/Jieo„Xdefend n V '"/'^ '"^^' the proof of ; -vorn as co.npetent .v'rnes f . JnCs ''f "^ ''^" ^^'^'' «"^ mate., mariners and crew, shall la ' "'^'^VL ""''"■' "'^^^ °^- ' Jue form of Jaw, and aconv thr nf'^ ^ ^ shipping paper m ' ter, mate or matU ma E d^^ .'""^'T;;"^- ^f^^^^'^''^ ^''^ mas. ' of residence, «halJ have been ol'ed uM>h .t "''".r''"'"""' P'«^^^ ' to wjb.on. the bond aforesaid sin IK '^^ collector of the port, •• mencement of the vov to a^^d ' nh? ^f'! ^''7 ^'^'''^ »''« -•»- ' n.aster before such eScrtoVrld «' '^ '"'' .'"''''" ^^ '^^ ^^e ^ "iJl'^I'y andcorn.ptlvs'vea. asto.f ? ?''*"" ''^° '^^^'' ^^'^%i ' shall, on conviction ^suForth I "' ^^'\' ^'''"*^^'»^^' '" such copy •rhe impractabilU^' ^.riL dh?"f"thi ' ^""'/"^ o^P-jury.^.^' 'exemplified by a plain case Tvl.^'i 'r'?'""*' ^^''" be best Charleston, South C\aoIinTa; the r ,'^"""^*^°'" "a'timore to m>nr and other articles to Hie vTlueiS P^^'^^ '^'<«"^n board. !ars, and twenty member of Con. 'J 1'"^' ^^f*-''' ^^ 20,000 d.rl- Licn of character. Ca I els.^f i^^ T^^" "'"^'^^ P*"^^""'^ • ^^ be ^he lives of the cre^v MTu^'^^f"^^^^^ ^^'^ vessel and oR-rboard. On the arr val « T^^^^ ''^'^^ ^''■'?<> '« ^^lo^r. ;a,ly landed, and : ^l^lo^ae^b ISr^SIS^ ^--^ -^i^le ts r^fTired to exone.ate the blndr r ''* 'brown into the' sea, are M hich cannot be i s th g 'o mo^R T '^'' ^^"^'^-^ °^' *be bond, . cannot be admitted Lti"; I ^ ''" •'^'"^"^'"ent the evid, nee Hhole amount o he knd.-'mrsr "'"'^''' '"''"^''^••^^ ^''^•- "'e and embarrassing, "th^m.ten' '^"'""^^'^ber conditions, difficult • . ...... s* "'" mate or m.^fps rnn..:,.o_- ^ i . .. ail, if hviuff fanri \h(^ n.v^ ^' c i ."-' "'""neis and rrew, siiail cJant) be p4lS o, t i^fl'dl^"' ■^''" '^ ^" ^^« ^^^-^ hh bardlyasuppo.cab}e ca; t-.^tf T" ? ''"'^'''^"' witnes.es.'^ Vi^ aote ca.e taat the boadamen residin- at Baitj^ le military \tt lie ill aid of, •pear ou our Senate, has ani gM the ini his nioti- November itives, have any value, n insult to riginal h\\{ anv other Jce." iho e expressly lent occasi- vessej shail •My naviga- \ of wj)om b mate or e provi' of J trial, and r, mate or ? paper m ^ tlie mas- ent places f the port, the cm. to by the ' falseJj', Jch copy, rjury."... 11 be best imore to f^n boards ,000 d.rl- le . to ba esse! and si thrown article is istimcnv Y articfe sea, are le bond^ ividt nee ^'or the difficult w, shall 2 defen np.sses.'^ U Baltic more, where the suit miTst be mmmpiired, should, after the faps* of two montlis before wliu h no suit can be brought, be able to bring foni Cliai leston and into court, the mate or mutes and every one of the mariners and crew. ..some one may have ^ en taken out on tlirt passage by an armed vessel of a toretgn nation ; or after the arrival at Charleston, it would be marvelous indeed if someone, or more of the crew had not within two months shipped on board sonje other vessel, or gone to pans unknown to the bondsmen. In the bill there is no orovision to enable the mar^teror bondsmen to hold the mate, mariners and crew, in custody until a trial can be had j they can not even summon them, until a suit is commenced. In case of a hostile capture most of the mariners and crew would be carried a- way to a foreign country ; and it would be impossible for the bonds, men to have them in court. Having ofj'ered my sentiments on the various amendments frort^ the House of Representatives, and the amendments offered in the Senate to those amendments as they were severally under ctinsidera- t.ion, I shall now close with a few remarks on the proposed new sec- tion for hiring, arming and employing thirty vessels not exceeding one hundred and thirty tons each ^'or - forcing the laws of the (J. States on the sea coast, and t toyed under the direction of institution has placed the a'.es under the direction the laxus he faiihfully ex.. vessels, a naval force of .e Secretary of the Trea- the Secretary of the Treasur '- military and naval force of . of the President, who is to " . ecuted.*' This section places tl. no small import, under the directii>.. sury for enforcirg the laws. ...Even the Revenue Cutlers, which from the circumstance of their commanders being deemed and 'jy law declared to be officers of the customs, fall under the directioii of the Secretary of the Treasury, under whose superintendence the Ia*v has placed the collection of the revenue, even those revenue cut- ters when otherwise employed than in-the collection of the revenue, are not permitted to n 'nain under the direction of the Secretary of. the Treasury* who of all the oflicers of government is tfie most im- proper to have the direction of the military and navui force to be employed in executing the embargo ; for to him alone is confided the power of mitigating the rigor of the several acts, and of remitting penalties and forfeitures. Ihere is a manifest impropriety in mak- ing the same person both Judge and Executioner, The gentleman from Virginia says, we have heretofore reproached the friends of the adininist-ation with the want of energy, and complained of tbtm ibt relying on proclamations, paper resolutions, and legislative acts.,. and now that something is proposed that has in it the appearance of energy, vve are e^jually clamorous in heaping reproach upon them. Sir, it is the inversion of the proper order of things of which we complain. The administration and their friends have been making proclamations, paper resolution^, and legislative acts to be aimed at foreign nations, against whom they are unavailing ; whereas, in re- gard to our own citizens, aided by the Marshal and posse commicatus, they n)i£:ht li« eiectMal. And t* cvoapletc this inversion the sane 8 ailminisiraiion and their fiieiids lave unnecessarily, and in my ap^ preliension wantonly, (lirecied against our own citizens the hayom-fi the military and naval Ibrccjol" our country, which might be effici- ent against foreign aggression. Jt is for adopting this strange, this unaccountable policy, that we are disjatisfied. I have opposed the bill in every stagt; of its progress, and used every exertion in my power to prevent its passage : I shall now only ask, that the question may be taken by the yeas and nays, that I may once more record my name on the journals a^'ains't a measure, w'nch, if acquiesced in, may prove fatal to the libt.ties of my country. ^^^_ . / *NOTE. > I On the question, shall the bill pass ? It was determined in the amrmative...Yeas 17. ..Mays \5. Tho§e who voted in the affirmative are. Messrs. Baldwin, Bradley, Condit, Fenner. Guillard, Giles, Howlandj, Kitchel, Maclay, Messrs. Milledfe, Mitchell, Moore, Plunier, Smith, of Maryland, Smith, of New- York, Smith, of Tennessee, Turner. Those who voted in the nagative arc. Messrs. Adams, Bayard, Clay, .rilman, Hillhouse, Logan, Pickering, Reed, Messrs. Smith, of Ohio, Smith, of Vermont, Stone, Thruston, Tracy, White, Worihington. •i Baltimne, printed at the office of the Federal Republican. jg^iifjitBga.i^a'-:^ ■-. p nd in my ap* s f.lie bayorrffi iglit be effjci- i strange, this ess, and used I shall now ;as and nriys, lals at.'uln.st a l>e libt.lies of mined in the aryland, ew-York, ennessee, no, jnnont. publican.