UCSB LIBRARY MR. HILLHOUSE'S SPEECH RESOLUTION TO REPEAL THE EMBARGO, NOVEMBER 29, 1808. MR. WHEN I offered the resolution for a removal of the embargo, and submitted my remarks to the senate, I was im- pressed with serious apprehensions for our country's welfare, on account of the embarrassments so forcibly described, and which have; been painted in such vivid colours by the gentleman from Virginia. [Mr. Giles.] It was because I felt anxious that we should extricate ourselves as soon as possible from those embarrassments, that I came forward thus early with my resolution. I had been led to believe, and still believe, that the way to extricate ourselves is, to explore the causes of .our difficulties, to examine into the truth of facts, and to have a candid and impartial inquiry into the policy and expediency of our present measures ; that if unfortunately we should be found in an error, we may retrace our steps, and not by an ob- stinate perseverance therein, involve our country in ruin. Little did I expect that I should be charged with having proposed a tame submission to foreign aggression, or a disposition to abandon our neutral rights, or surrend r the independence of my country ; much, less with having forgotten the spirit and policy of '76, which carried us safely through the revolution, and achieved- our independence. I confined myself to general remarks, and was not perhaps so particular as I ought to have been, to make myself understood. I shall therefore now take the liberty of stating what were the spirit and policy of '76 ; and I shall be able to shew, from public docu- ments and records, that as long as that spirit and policy were pur- sued, they secured us in the enjoyment of our independence, and 2 caused our maritime and other rights to be respected. Unfortu- nately for our country, it was a departure from that policy that has brought us into our present situation. It is not surprising that many mistakes should be made respecting the sjiirit and fiolicy qf' '76, by those who must have derived their information from tradi- tion, and not from their own personal observation. I have noticed that many of those who say the most on that subject, were either not born, or were in their cradles, or have since migrated to the United States, to enjoy the fruits and blessings of that revolution. The patriots and statesmen who guided our public councils at the commencement of the revolution, believing our rights were invaded, and our liberties endangered by the arbitrary and unwar- rantable claims of the British parliament, resorted first to respect- ful petitions and remonstrances, to induce the British government to abandon their unjust claims, and adopt such measures as would secure our rights and liberties. But when these means were found to be ineffectual, they nobly dared to make their appeal to arms, and to declare themselves a free and independent nation : and though we were without a regular organized government, and had neither army nor navy, they dared, in defence of their just rights, to wage war with a powerful nation. They did not tell us that we must abandon our right to navigate the ocean, or yield up any other right because of surrounding dangers. The maxims then were, that rig/its, which were not worth defending, were no rights: that to be res/iecled) we must convince others that we would not tamely submit to insult ; and that to preserve peace we must be prepared for tvar. This spirit and policy carried us safely through the revolutionary Avar, established our independence, and secured our national sove- reignty ; one essential attribute of which is, the right to navigate the ocean. In 1783 we obtained an honourable peace. In 1793, \v ar having commenced between France and England, our mari- time rights were invaded by the latter, and our vessels were cap- tured and condemned under the memorable November orders. An attempt was then made to introduce the same policy to defend our rights and vindicate our honour, which is now, and for some time has been, in the flood tide of experiment. The famous resolution* proposing duties of discrimination between foreign nations, the en- tering into a commercial warfare with England, and propositions for a non-intercourse la~i\ and sequestration of British debts, will be remembered. The journals of that session of congress contain a record of them, and will shew who were the fn ends and advocates of that policy. Fortunately for the nation, we then had a chief magistrate whe was actuated by the .s/;mV, and well knew, and was determined t pursue the policy of '76. He boldly came forward, and put an end to all those projects, by nominating an envoy extraordinary to the court of Great Britain, to remonstrate against the wrongs, and de- mand satisfaction for the injuries we had sustained. That minister vifas not sent out with a non-imfiortation or a non-infercourse act iu his hand ; which the president well knew would have been under- stood and considered by Great Britain in the nature of a threat, or an attempt to coerce ; and would defeat the object of the mission. He was in reality sent with the olive branch on the principle of a fair and honourable negotiation. In the mean time, knowing that a failure of the negotiation must result in war, or an abandonment of our rights, every preparation to meet the event, which it was in the power of the country to make, was made. Laws were passed for fortifying our ports and harbors ; to provide a navy ; to erect arsenals and provide magazines ; for raising artillerists and engineers ; for directing a detachment from the militia ; to prohibit the exportation of arms and ammuni- tion, and to encourage the importation of the same ; to build or pur- chase vessels to be armed and equipped as gallies or otherwise; and for making further and more effectual provision for the protection of the frontiers of the United States. These several acts were pas- sed in the short space of about ten weeks ; and not only found their way into the statute book, but were promptly carried into execu- tion: and being laws of a mere municipal nature, providing for our internal security and defence, they gave no umbrage to Great Bri- tain. Yet they spoke a language she well understood. What was the consequence ? Great Britain admitted our claim, revoked her orders, and made satisfaction for the injury ; and a treaty was con- cluded, under which our citizens have received millions of dollars for the losses they sustained by the capture and condemnation of their vessels ; and since it went into operation, as the gentleman from Virginia candidly admits, the United States have enjoyed un- exampled prosperity. France, still at war with England, had expected that the differen- ces between England and the United States, would involve the two countries in war. Dissatisfied, therefore, with the treaty, France manifested an unfriendly disposition towards our government. In 1797, the spoliations committed under the outrageous decrees of France, were such as could no longer be tolerated consistently with our national honour and interest : and the French government had moreover refused to receive our minister. It was once more fortunate for the nation, that our then chief ma- gistrate, and the councils of our country, were still under the influ- ence and guidance of the spirit and policy of '76. Envoys extraordi- nary were sent to remonstrate against the injuries we were suffering, and to demand satisfaction : not accompanied by non-importation laws, or any other acts or resolutions which could wound the pride of that nation: at the same time congress provided means of de- fence ; so that the nation might be prepared to avenge its wrongs, arid vindicate its honor, in case of refusal, on the part of France, to do us justice. Laws were passed, prohibiting the exportation 'yf arms and ammunition, and for encouraging the importation there,- of; to provide for the defence of the ports and harbours of the Uniteci States; to authorize a detachment from the militia, and to provide a naval armament. France did refuse to treat, and rejected our ministers. What was the result ? n r )t long, detailed diplomatic correspondences, further re- monstrances, and paper resolutions : a negotiation of a different na- ture commenced; we spoke a language not to be misunderstood : >ve spoke from the mouth of the cannon. Our treaties with her were annulled; all intercourse prohibited; our merchant vessels authorized to arm, and defend themselves againt French privateers ; an army was raised; and our little navy equipped, manned, and sent out to protect our commerce, and capture the armed vessels of France. A war, not of offence, but deft-nee, was commenced. Na- val conflicts soon ensued, and a French frigate was taken, after a hard fought battle, by an American frigate commanded by the gal- lant Truxton. The French privateers and piratical boats, which had annoyed our trade, were swept from the ocean ; our commerce resumed its wonted activity, and our vessels again navigated in safety every sea. What was the conduct of France? a declaration of war? far from it. Though she had before treated us with indignity, the manly attitude we assumed, in defence of our rights and national honor, commanded her respect ; and she proposed and entered into a negotiation, which ended in a treaty, that was ratified by both governments, and was finally promulgated by a proclamation of the president of the United States, on the 21st of December, 1801. At this period the American flag was respected in every sea, and the American name and character were honored by all nations. Since that period, unfortunately for our country, a different poli- cy has prevailed in its public councils, founded no doubt on the idea "that a just nation is trusted on its word; while wars are only necessary to nations of an opposite character." A policy calculated on to save the necessity of ships of war., and exactly comporting vrith some of the modern ideas of economy. In pursuance of this policy, our navy has been suffered to decline; and some of our ships have, for years, been moored to rot in the mud of the Eastern Branch of the Potomac. Many efforts have been made, but in vain, for removing our little fleet into the salt water, to protect our commerce, at least on out- coast; and to secure us from being insulted, within our own juris- diction, by the armed vessels of the belligerents. We were told that if our ships went out, and should meet with foreign vessels depredating on our commerce, or insulting our government, they ivould^A/, and we should have war. That our ships would fight, on proper occasions, I have no doubt. Though the discouragements which have been thrown in the way of our naval prosperity have greatly tended to depress the martial spirit, it still exists, and if an opportunity presents will be drawn forth into action. Believing this, I confidently rely on our being ultimately able to extricate ourselves from the perplexing and dis- tressing situation described by the gc; t'eman from Virginia. Thai this opinion is correct, the conduct of our naval force in the Medi- terranean sea, furnishes ample proof. The war with Tripoli has afforded the only active and hcnorablf employment which our navy has had since the treaty with France; and in which the gallant deeds of our little band of heroes, deeds worthy of the American name and character, have commanded the admiration and applause of surrounding nations ; and the recollection thereof will be cherish- ed by the American peopie, when yonder marble monument, erect- ed in honor of those heroes who fell before Tripoli, shall be moul- dered into dust. The question recurs, what is the cause of our present embar- rassments ? what has brought us into our present sad dilemma ? for a sad one it is, if it be true, that we are reduced to the alternative of a war with both belligerents, or the continuance of the present embargo system. Surely they could not have originated in party newspaper publications, or the electioneering squabbles of the ins and the outs The effects of these are greatly over-rated. Though they produce much excitement and noise here, they make but a small impression on the other side of the water. The public do- cuments on our table, those furnished last session of congress, and information in possession of the senate, shew that our difficulties arise from our having forsaken the &jtirit, and departed from the policy of '76 ; and, in lieu thereof, adopted that retiring policy which recommends the abandonment of our right to navigate the ocean, because our commerce is exposed to danger from the illegal attacks and depredations of the belligerent powers. The spirit of '76 induced us to face danger, to secure that right : and would not the same ttjiirit prompt us to hazard something in its defence ? It is a painful task to me to undertake to point out the impolicy and impropriety of our present system of measures ; but I see no other way of avoiding those evils which the gentleman from Vir- ginia has so forcibly described (to remove which I would most cor- dially co-operate) or to effect that union in our public councils, which he so ardently desires, and which I most devoutly wish for, than by going into the inquiry, to discover where the error lies. I shall go no further back than to 1806, the date of the memorials of the merchants of New Haven, and the great cities and towns on the sea coast, now introduced by the gentleman from Kentucky. [Mr. Pope.} They complained of aggressions on their commerce by Great Bri- tain, and prayed that the protecting arm of government might be extended for their relief. The Boston memorial suggested a spe- cial mission. They expected, no doubt, that the envoy would be sent, as heretofore, to attempt a friendly negotiation of differences ; not to hold out a non-importation act for an olive branch, or to be bound by instructions to demand, as an ultimatum, that the Ameri- can flag should protect all persons on board our merchant vessels ; 6 which the British government contended could net be granted, be- cause they said it would tend to unman their navy, and cripple that important means .f defence against a powerful and enraged foe : and as they disclaimed all right of impressing American seamen, they supposed that our claim, in its utmost extent, might be con- sidered a measure calculated to withdraw from their service their wn seamen, rather than to protect real American seamen. This had been the subject of negotiation, as well under the former, as the present administration, and the point had been pressed as far as could be of any avail. The like answer was given to both ad- ministrations : the principle cannot be admitted. The gentleman from Virginia has read a resolution, declaring there had been a violation of our neutral rights, and an encroach- ment upon onr national independence, by the capture and condem- nation of our vessels under the orders of the British government ; which resolution passed in February, 1806, by the unanimous vote of the senate : a vote that does honor to that body, as it exhibits to the nation, and to the world, that whatever may be the collision of party on subjects of minor importance, whenever it is a question, in regard to the defence of our own rights, and the interest of ayb- reign flower, we are an undivided ficofile. Yet notwithstanding this unanimous expression of the opinion of the senate, and the ap- pointment of an envoy, which took place at this time, no measures of defence were adopted. A.non-imfiortation act was passed and relied upon for maintaining our claims ; this was declared in public de- bate ; and being made known could not be concealed. It was waft- ed to England before our envoy could reach her shores. So far from being able to use that act for the purpose of enforcing our claims ; to prevent its being an insuperable bar to negotiation, our ministers inform the secretary of state, in their letter of Septem- ber 11, 1806, that in speaking to the British minister of that act, they mentioned it in these terms : " after a short vindication of the act, in the course of which we did not omit to represent it in connection with the special mission which grew out of it, as manifesting the friendly sentiments and views of our government towards that of his majesty." Although the mission failed of success, have we not reason to believe, from the documents laid before congress, that if the in- structions had been as liberal, and the negotiation had been conduct- ed in the Kfiirit and policy of '76, as was that of 1794, which doubt- less v.-as expected by those merchants, it would have had a like fa- vorable termination ? an intimation having been previously given, by the British minister, of a duftonlhn, which, in diplomatic pro- ceedings, is nearly tantamount to a direct offer, to renew the for- mer treaty (under which we had enjoyed ten years peace, and, to use the expression of the gentleman from Virginia, unexampled (irofijicriti/} to remain in force two years after the termination of 'he present war. The overture was not accepted ; from an appre.- hension, perhaps, that our dexterity in managing a negotiation, aided by such measures as the present policy might dictate, would enable us to obtain better terms. That the non-importation act did not aid, but tended to obstruct, a friendly adjustment, is manifest from the following note of lord Holland and lord Auckland, ad- dressed to our ministers. "DOWNING STREET, " September 4, 1806. rt GENTLEMEN, " We have received a copy (sent by you at our request) of the act of congress to prohibit, from and after the 15th of November, the import into the territories of the United States, of a very large description of goods, wares and merchandise, from any port or place situated in Great Britain or Ireland. " On a full consideration of that act, we think it our duty to ex- press our earnest hope and expectation, that some means may be found to suspend the execution of a measure so opposite, in its temper and tendency, to the disposition and views with which our pending negotiation has been commenced and is carrying on. " The measure, unless suspended, will take e fleet, if not before our discussions can be closed, at least before it is possible that their result can be known in the United States ; and would obviously lead to the necessity of proposing to parliament similar steps on the part of this country, by which mutual irritation would be excited, and fresh impediments created in the way of such a final adjust- ment, as, we trust, is mutually desired. " We rely on you for taking such immediate steps, in this busi- ness, as may best contribute to a happy termination of our treaty, and to a cordial and permanent friendship between his majesty's subjects and the citizens of the United States. " We have the honor to be Your faithful humble servants, "VASSAL HOLLAND, " AUCKLAND." Our ministers did recommend a suspension of the act and it was accordingly suspended. The effects usually produced by a policy which attempts to coerce by threats- addressed to an independend power, were exemplified in the correspondence of our minister at the court of Madrid, ap- pointed soon after the commencement of the present administra- tion. After protracted diplomatic discussions, in which our tifinis- ter laboured to convince the SpanishEjovernment of the justice of our claim, and the propriety of tldFfcteeding to it, and this ap- peal to their reason had proved inettlHfeftlast attempt was made s in a pompous gasconading note, in which (as well as I remember from having heard the correspondence once read) our minister in- formed the government of Spain, that the United States were a great, powerful, and high spirited nation, who would not submit to injury or insult , and concluded by telling the Spanish minister that there were only two modes of settling Controversies between na- tions, arbitration or war. The Spanish minister returned for an- swer, that the king his master had commanded him to inform the American minister, he should not choose arbitration. Thus has the matter rested, and our claims are still unsatisfied. When it was discovered that the United States had abandoned the spirit and policy of '76, and placed their dependence on acts of congress, paper resolutions, and diplomatic remonstrances as their system cf defence ; what was the consequence? repeated violations of our neutral rights, and the capture and condemnation of our ves- sels. Long and elaborate reasonings have been gone into, to estab- lish our lights, and induce a change in the conduct of those powers, and to cause them to respsct our rights : all to no purpose. Evils have been accumulating upon us to that degree, that we are now told, that, to save our independence and honor, and secure our rights, we must agree to a continued embargo, " a permanent sus- pension of commerce :" that is, to preserve our rights, we must abandon them altogether. Logic this, which I do not understand. If there be wisdom QY policy in the measure, it is beyond iny com- prehension. Had this been the spirit and policy of '76, should we ever have achieved our independence ? should we now occ py these seats, under the constitution of the United States? our rights are attacked on the ocean : we are called upon to abandon them. If our shores should be invaded, would not this retiring policy invite us to flee to the mountains ? On my mind there rests not the smallest doubt, that if our pub- lic councils had been undeviatingly guided by the spirit and policy of '76, we should neither have had war, nor been under the neces- sity, in obedience to our own laws, of abandoning the ocean, and submitting to the loss of a commerce second only in importance to that of any nation on the face of the globe : whereby we are called upon to make a sacrijice of property greater than the ivhole expense of all the armaments and other defensive measures, adopted under both the former administrations, for the protection of our com- merce, and the vindication of our national honor. In point of real economy, then, we are losers to a -vast amount : and to what extent these privations and sufferings are to be carried, and how'long to be continued, cannot be foreseen. Gentlemen, who oppose the repeal of the embargo, tell us that Great Britain has obtained the complete dominion of the sea ; that she is proud, haughty, avaricious ; and that her object is to ob- tain the commerce and carrying trade of the world. After having secured the quiet possession thereof, will she peaceably suffer us to- become her rivals ? Will she not tell us, you voluntarily abaix* or//e of ,any administration. I avow myself to be the opposer only of such measures as in my judgement will not promote the public good. [Mr. Pope rose to explain, and said he meant only to refer to the opposition of Mr. Hillhouse to the embargo.] Mr. H. declared himself satisfied. The gentleman from Kentucky has also announced (he does not say officially) that the presidential electionering races for the pre- sent season are over ; and calls upon the several riders to dismount their hobbies ; not reflecting that I am not one of the jockey club nor had a cttrd of invitation to the race ground, without which none were admitted. Neither I, nor any member from Connec- ticut, was invited to attend the famous caucus which was convened for the purpose of manufacturing the great officers of state. We were not emulous of that honor, being content with the mode point- ed out by the constitution of the United States, for choosing presi- dent and vice-president. j To preserve our independence, and avoid tame submission, we are gravely told by the gentleman from Virginia, and also in a report pro- nounced by the gentleman from Maryland, [Mr. Smith) to be the most luminous production ever submitted to congress, (the result probably of the combined wisdom of the whole administration) that 11 ^ there is no other alternative but war with both nations, or a contf- nuance of the present system." The idea of going to war, at the same time, with the two great belligerent powers, is as novel and surprising to me, as the idea of a fiermancnt embargo for a measure of & --fence. Suppose the warfare be on the land ; in what manner, let me ask, would three belligerents, each hostile to the other, ar- ray their forces fer action, and conduct the battle ? would it be in the form of a triangle, each firing alternately, first on one enemy and then on the other? or suppose the fleets of two of the bellige- rents, say French and American, meet on the ocean ; and after a bloody conflict, for I have no doubt both nations would fight brave- ly, the American fleet, for I would always incline to our own side, cripples and captures that of their enemy ; a British fleet then comes up and takes both, though inferior perhaps, before the action, to eithe: ? the idea is too ridiculous to merit serious attention. When two nations have a common enemy, they are inclined to cultivate a friendly deposition towards each other. If we were to declare war against England, France, no doubt, would revoke her decrees, give us a friendly reception into her ports, and afford us all the aid and protection in her power, both by sea and land. England would do the like, if we were to declare wai against France. Such unquestionably would be the fact ; and it is in vain to shut our eyes against the truth. There was a strong proof of this exhibited in the conduct of England and France in 1794, and 1798. Is it not national antipathies, more than foreign fired- lections, that produce crimination and recrimination of an English party, and a French party, of English and French influence '. for the honor of my country I hope it is ; for I should be sorry to think so meanly of the American people as to believe they would prefer the interest of a.ny foreign nation to that of their own. Should we unfortunate- ly be brought to make the experiment, by being engaged in ajusC and necessary war (and none other 1 hope will ever be made by the United States) I am confident we shall find a union of sentiment and action. These are, however, unnecessary speculations ; for I see no necessity of declaring war against any nation. To permit our merchant vessels to arm, under proper restric- tions and to equip, man, and send out our public ships, to defend those maritime rights which are clear and indisputable, is not war, nor will it necessarily involve vis in war. Every nation on earth would respect us for defending our essential rights. I do not agree with the gentleman from Kentucky, that the commanders of mer- chant vessels can commit the peace of the nation, if the government do not countenance and uphold them in their wrong, but promptly disavow the act. Vessels bound up the Mediterranean sea, and to the East Indies, have always been allowed to arm ; and I have never heard that they have, in a single instance, committed the peace of the nation. . in answer to the inquiry, what good has the embargo done ? Jhe gentleman from Virginia says, that it has saved to our citizens one hundred and fifty millions of property, which would have been captured and carried into France or England ; and to our country fifty thousand seaman, who, instead of being in captivity in a foreign land, are placed int ,ie bosom of their families. This, if true, is an important consideration ; but I doubt the fact. Not that I question the veracity of the gentleman : were he to declare a fact as of his own knowledge, I should have a most perfect reliance on it. But in this case the gentleman's declaration being but an expression of 9/zfm'on, not supported by any one fact within his knowledge, he must excuse me if I cannot yield my assent to it ; more especially