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SENATE.

African Slave Trade.

JANUARY, 1818.

freemen-citizens, not slaves. They have a claim it extends to almost every civilized nation on the to that freedom in this asylum of liberty. These globe. A spirit of philanthropy glows in the sentiments, sir, commenced with my existence; human breast. Spain and Portugal are the only advanced with my youth; were strengthened nations now averse to the object. The views of with my manhood; and are confirmed with my Spain, in all probability, will soon accord with age. They are not only mine, but universally those of other nations. Then Portugal will be the sentiments of those whose confidence and af- the solitary kingdom whose voice and arm are fection have exalted me to this honorable station. not raised against this inhuman traffic. Let us Shall I not speak their sentiments on this occa- proclaim, sir, that these sable mortals have a sion? Shall I not desire the termination of claim upon our philanthropy and our benevolence. slavery? It is a duty, sir, I owe to myself, my I am in favor of the resolution, sir, because its country, and my God. That respectable section object comports with the dictates of reason and of the nation which I have the honor to repre- humanity. Though black, they are human besent, has a right to demand it at my hand. ings, in human shape. That is not their crime, but their misfortune. We then ought to commiserate, not enslave them. Let exertions be made to raise them from their present state of degradation; assist in the mighty work. Every human affection recoils at their bondage. May every benevolent heart beat high for their freedom, and every human arm be extended for their emancipation. It is a cause, sir, in which the world is engaged. As it was commenced by the United States, let them continue their efforts; let Congress say, with all civilized nations, they will joyfully bear a part to accomplish an object so desirable, so humane.

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When I examine this resolution, sir, I am unable to discover why any objection should be made. In passing it, we do not say we believe it is expedient to amend "the laws of the United States on the subject of the African slave trade;" nor that we will enter into any concert with other nations for its entire abolition." But, sir, we say, we are willing to instruct a respectable committee to examine those subjects, in all their parts and bearings, as to the expediency of the objects suggested, and report to the Senate, which report will then be under the perfect control of this body. The Senate may then approve or disapprove, as its wisdom may dictate. Where But, sir, I am in favor of the resolution in a then is the difficulty? For myself, sir, I am in political point of view. Carry the great design favor of the resolution. Permit me to assign a into effect, and you place those forlorn objects few reasons. It is founded, in part, on an article within the reach of political and moral instrucof the Treaty of Ghent. The words are as fol- tion. The basis on which every good Governlows: "Whereas, the traffic in slaves is incon- ment most firmly stands, is knowledge and virtue. 'sistent with the principles ef humanity and jus- Diffuse and extend these sacred principles, and tice; and whereas, both His Majesty and the you enlarge the basis on which your Government United States are desirous of continuing their is built; and, in the same proportion you carry 'efforts to promote its entire abolition, it is here- the principles of liberty and the rights of man to 'by agreed, that both the contracting parties those who grope in darkness, and aid in the emanshall use their best endeavors to accomplish so cipation of those who are bound in the chains of ' desirable an object." In this, sir, there is noth- despotism. Virtue and knowledge, sir, are the ing very specific, as to the manner in which their firm foundation on which this mighty Republic desires shall be manifested. But the contracting is erected; on which it rises and on which it parties view "the traffic in slaves inconsistent will continue to rise, so long as those divine prinwith the principles of humanity and justice," ciples are nourished, universally diffused and and, therefore, agree to use "their best endea-practised. This is what astonishes foreigners vors," to effect its abolition. How this is to be accomplished, is another point. They may have different views, and, consequently, each may pursue a different course. Therefore, sir, I am perfectly willing to submit the subject to the investigation of the committee, that they may report thereon.

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when they tread American ground. All classes of society can read and write, can name and give the characters of our rulers, the principles of our Constitution, the genius of our Government, and the nature of our laws. This was the reason, sir, France could not maintain a Republican Government. Knowledge and virtue were not sufficiently diffused through the nation. It was not on account of the extent of her territory, nor the number of her citizens. Monarchy and general ignorance go hand in hand. Despotism and slavery are always companions. This, sir, accounts for the protracted struggle in South America. They have physical strength and the means, but not knowledge and skill, to concentrate their exertions to the best advantage. Did they posses the general information enjoyed in the United States, their independence would be as certain as the rising sun.

The abolition of slavery was contemplated by the framers of our Constitution. Sec. 9-" The 'migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808." Here, sir, we see those venerable sages prospectively view. ed the period in which we live, when Congress should manifest a disposition to abolish the slave trade. Wise provision! a duty negatively expressed. A provision, sir, which has given rise to a disposition that pervades the United States, to pursue and accomplish the benevolent object. Mr. President, I am in favor of the resolution Nay, sir, it is not confined to the United States; in a moral point of view. We, sir, are a Chris

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tian nation. The Bible is our moral guide. Are not its principles sacred, its precepts salutary, and its commands obligatory? Have not the frowns of indignant Heaven, and the threatenings of Jehovah, rested on nations and cities for their ingratitude to their fellow mortals? BabylonBabylon the great has fallen! What has brought her down? The scene is viewed in prospect. "The merchants of the earth shall weep and mourn over her." In what did her commerce consist? "In gold, and silver, and precious stones, and pearls, and chariots, and slaves, and the souls of men." Ah. Mr. President, this was the climax of their abominations! They had a traffic in slaves and the souls of men. This brought down the judgments of Heaven. That they may be averted from the world, let the inhuman traffic be abolished to the end of the earth.

Mr. KING observed, that the motion was to instruct a committee to inquire whether further measures can be devised, in concert with other Powers, to put an end to the traffic in slaves on the coast of Africa. The debate, said Mr. K., has taken a wider range than from the definite object of the motion could have been anticipated. The advantages or disadvantages of alliances offensive and defensive, and the policy or impolicy of such treaties, as, with the view of acquiring some complicated though important political advantage, pledge the wealth and strength of the United States, are questions of most weighty importance; the discussion of which, however, is not requisite in debating the motion before the Senate. The concert which is alluded to in the motion, is not the union of arms, but of opinion, of example, and of influence, for the purpose of prevailing on Spain and Portugal to accede to the compact already formed among the nations, to put an end to the African slave trade. Equally uncalled for on this occasion, and more to be regretted, is a discussion of the justice and policy of permitting the existence of slavery. This topic is one, said Mr. K., that, from obvious considerations, has at all times been alluded to, even in the Senate, with great reserve; and, at this time, is without application to the motion under consideration, since not only no Senator approves of the traffic, the abolition of which is desired, but the whole Senate condemn it, and the United States were the first among the nations who restrained their people from engaging in it.

SENATE.

versal abolition of the African slave trade; they may be instructed, if they are not so already, to avail themselves, on every occasion, to promote this object; and the concurring representations and influence of many may accomplish what their separate endeavors have hitherto failed to effect. A long depending negotiation with Spain still exists. If we could prevail on Spain to add to the treaty settling our just claims, an article whereby she should engage herself to abolish the African slave trade, and to co-operate with us in endeavoring to prevail on Portugal also to abolish the same, such an article would enhance the value of the treaty in the opinion of the American people, and would not fail to obtain the applause of foreign nations. The object of the motion being of such great importance, the Senate should neglect no opportunity of manifesting their solicitude for its accomplishment; and the inquiry which is proposed may fortunately discover that there are means still in our power, which have not yet been employed in this meritorious service.

But it is objected, that this business belongs exclusively to the President; and, admitting its importance, and the expediency of further exertions, that the Senate have nothing to do or say respecting the same. This objection appears to be of most serious import, as it goes to restrain and limit what is deemed to be the Constitutional power of the Senate. There is some embarrassment in the examination of this objection, and it cannot be fully and satisfactorily done, without adverting to the proceedings of the Senate, in its executive capacity; proceedings which take place with closed doors, and the journal whereof is not published. The observations on this head will, therefore, be of a general nature. Without adverting to the several branches of the executive power, for the purpose of distinguishing the cases in which it is exclusively vested in the President, from those in which it is vested in him jointly with the Senate, it will suffice on this occasion to observe that, in respect to foreign affairs, the President has no exclusive binding power, except that of receiving the Ambassadors and other foreign Ministers, which, as it involves the decision of the competence of the power which sends them, may be an act of this character; to the validity of all other definitive proceedings in the management of the foreign affairs, the Constitutional advice and consent of the Senate are en-indispensable.

By the Treaty of Ghent, the United States stipulated with Great Britain to use their best deavors to effect the complete abolition of the traffic in slaves on the coast of Africa. If a committee be appointed, they will inquire what has been done in pursuance of this engagement; they will moreover consider what remains to be done, and whether any measures of concert with other Powers, or otherwise, may be calculated to promote the laudable object of this stipulation. The United States have Ministers not only in England, Spain, and the Brazils, but likewise in Russia, France, the Netherlands, and Sweden. These Ministers may be reminded of the very great interest which the United States take in the uni

In these concerns the Senate are the Constitutional and the only responsible counsellors of the President. And in this capacity the Senate may, and ought to, look into and watch over every branch of the foreign affairs of the nation; they may, therefore, at any time call for full and exact information respecting the foreign affairs, and express their opinion and advice to the President respecting the same, when, and under whatever other circumstances, they may think such advice expedient.

There is a peculiar jealousy manifested in the Constitution concerning the power which shall

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manage the foreign affairs, and make treaties with foreign nations. Hence the provision which requires the consent of two-thirds of the Senators to confirm any compact with a foreign nation that shall bind the United States; thus putting it in the power of a minority of the Senators, or States, to control the President and a majority of the Senate: a check on the Executive power to be found in no other case.

To make a treaty includes all the proceedings by which it is made; and the advice and consent of the Senate being necessary in the making of treaties, must necessarily be so, touching the measures employed in making the same. The Constitution does not say that treaties shall be concluded, but that they shall be made, by and with the advice and consent of the Senate: none therefore can be made without such advice and consent; and the objections against the agency of the Senate in making treaties, or in advising the President to make the same, cannot be sustained, but by giving to the Constitution an interpretation different from its obvious and most salutary meaning.

To support the objection, this gloss must be given to the Constitution, "that the President shall make treaties, and by and with the advice and consent of the Senate ratify the same." That this is, or could have been intended to be the interpretation of the Constitution, one observation will disprove. If the President alone has power to make a treaty, and the same be made pursuant to the powers and instructions given to his Minister, its ratification follows as a matter of course, and to refuse the same would be a violation of good faith; to call in the Senate to deliberate, to advise, and to consent to an act which it would be binding on them to approve and ratify, will, it is presumed, be deemed too trivial to satisfy the extraordinary provision of the Constitution, that has been cited. On the whole, there appearing to be no sufficient impediment in the way of the proposed inquiry, either as respects its expediency or the authority of the Senate to institute the same, I am in hopes that the motion to refer the subject to a committee will prevail.

Mr. LACOCK said, the resolution before the Senate contained two separate and distinct propositions; the first was the amendment of the laws that prohibited the introduction of slaves into the United States: on this subject there existed no difference of opinion-all agreed an end should be put to this abominable traffic. If the present statutory provisions were not so formed as to effect this object, they certainly required amendment; and no objection could be made to the inquiry, as this was a legitimate subject of legislation. But, said Mr. L., the other branch of the inquiry is of a very different character; it proposes to inquire into the best manner of executing an article of the Treaty of Ghent. The stipu lations of this article are, that the contracting parties, the United States and Great Britain, should use their endeavors to put an end to the slave trade. But could this agreement be carried into effect by law? did it furnish a subject of le

JANUARY, 1818.

gislation? Laws were made to operate on the people of the United States, and within their jurisdiction, not to effect an arrangement with foreign Governments. This could only be done by treaty; and surely, said Mr. L., the initiatory steps in making treaties should be left with the Executive. But it has been urged by gentlemen in favor of this proposition, that the Senate can act on this subject by virtue of the Constitutional power of this body to interpose their advice and consent in making treaties. This argument cannot avail them; for, if we claim the power, and exercise it, as a part of our executive duties, why is this discussion, on the subject of a treaty, had with open doors? Has this ever been the practice of the Government? The Ministers of those Governments who admit and carry on the slave trade, are accredited by our Government-are on the spot, for aught I know, in the lobby or gallery, while we are discussing the propriety of putting a stop to their traffic in slaves. That this branch of the subject is improper for public discussion, is admitted by the gentleman from New York, (Mr. KING,) who has told you he felt embarrassed by this public discussion; that he is restrained by his situation from making observations that he otherwise would feel authorized to make. This concession on his part should convince every one that the proceedings are irregular. While we are thus openly debating the subject, for aught we know, the President is negotiating with other Powers to effectuate the object we have in view. He is bound, by the Constitution, to see the laws faithfully executed. The Treaty of Ghent has become the supreme law of the land, and it is unfair to presume that the President has neglected his duty. In short, said Mr. L., if we are anxious to have this subject pressed on the Executive, let us close our doors, as in other cases, and make a call on him for information; we shall then be put in possession of the facts officially; we shall know what steps, if any, have been taken, in concert with Great Britain, to put an end to the traffic we all abhor.

The question was then taken on the motion to strike out the latter clause of the resolution, and decided, yeas 16, nays 17, as follows:

YEAS-Messrs. Barbour, Campbell, Eppes, Fromentin, Gaillard, Lacock, Macon, Sanford, Smith, Stokes, Storer, Tait, Talbot, Taylor, Troup, and Wilson.

NAYS-Messrs. Ashmun, Burrill, Crittenden, Daggett, Dickerson, Fisk, Goldsborough, Horsey, Hunter, King, Leake, Morril, Morrow, Noble, Ruggles, Tichenor, and Van Dyke.

And on the question to agree to the motion as originally submitted, it was determined in the affirmative.

So it was Resolved, That the committee to whom was referred the petition of the committee of the yearly meeting of the Society of Friends at Baltimore, be instructed to inquire into the expediency of so amending the laws of the United States on the subject of the African slave trade as more effectually to prevent said trade from being carried on by citizens of the United States under foreign flags, and also into the expediency

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Mr. TROUP presented the petition of Joseph Bevan, of the county of Effingham, in the State of Georgia, praying remission of duties on a steam engine imported into the United States, for reasons stated in the petition; which was read, and referred to the Committee on Finance.

Mr. ASHмUN presented the petition of David Ames and others, praying an additional duty on imported paper, for reasons stated in the petition; which was read, and referred to the Committee on Finance.

SENATE.

expediency of providing for the sale of the surplus lands in the neighborhood of Vincennes, in the State of Indiana; and agreed thereto.

The Senate resumed the consideration of the motion of the 12th instant, for instructing the Committee on Military Affairs to inquire into the expediency of providing for the attendance of witnesses before courts martial; and agreed thereto.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act, in addition to 'An act making appropriation for repairing certain roads therein described;" and, on motion by Mr. TAIT, it was referred to a select committee, to consider and report thereon; and Mr. TAIT, Mr. CAMPBELL, and Mr. LEAKE, were appointed the committee.

Mr. WILSON submitted the following motion for consideration:

be instructed to inquire whether any, and, if any, Resolved, That the Committee on Military Affairs what further provisions by law are necessary to secure to the heirs of soldiers who died, or who were killed in the service of their country, during the late war, the bounty in land to which they are equitably entitled.

WEDNESDAY, January 4.

Mr. DAGGETT presented the petition of Ann Welsh, of New London, Connecticut, representing that her husband, Captain John Welsh, having been killed during the Revolutionary war, in the attempt to take the British garrison at PenobMr. RUGGLES presented the petition of A. Far- scot, while at the head of his troops, her hopes of quhar, of Richmond, in the State of Ohio, pray-support devolved on her brother, George Hurling indemnification for the loss of bank notes, robbed from the United States' mail, as stated in the petition; which was read, and referred to the Committee on the Post Office and Post Roads.

On motion by Mr. CAMPBELL, the memorial of the General Assembly of the State of Tennessee, on the unsatisfied claims for land in that State, derived under the authority of the State of North Carolina, presented the 29th of December, 1817, was referred to the committee, to whom was referred the bill to authorize the State of Tennessee to issue grants and perfect titles on certain entries and locations of lands therein described, to consider and report thereon.

The amendment to the bill, entitled "An act allowing compensation to the members of the Senate, members of the House of Representatives of the United States, and to the delegates of the Territories; and repealing all other laws on that subject," having been reported, by the committee, correctly engrossed, the bill was read a third time as amended, and passed with an amendment.

The Senate resumed the consideration of the report of the Committee on Public Lands, to whom was referred the petition of the Trustees for the Vincennes University; and in concurrence therewith, the petitioners had leave to withdraw their petition.

The Senate resumed the consideration of the motion of the 12th instant, for instructing the Committee on Public Lands to inquire into the

bert, who was then an officer in the Continental army: but that the latter received a wound in an engagement with the enemy, of which, after languishing in excruciating distress, he died in the year 1783; leaving the petitioner entirely helpless and unprovided for. In consideration of those losses and her present distress, being old and unable to support herself, she prays relief; and the petition was read, and referred to the Committee on Pensions.

Mr. FROMENTIN submitted the following motion for consideration:

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of allowing to the judge of the sixth circuit court of the United States, a sum equal to the salary of the district court of South Carolina, for the term of one year, during which time the said circuit judge was compelled by law to perform the duties of the judge of said district

court.

Mr. MORRIL gave notice that, to-morrow, he should ask leave to bring in a resolution, providing for the distribution of the sixth volume of the laws of the United States, among the members of the present Congress.

Mr. WILLIAMS, of Mississippi, submitted the following motion for consideration:

Resolved, That the President of the United States be requested to inform the Senate what measures have been taken in pursuance of so much of the third and fifth sections of the act, entitled "An act to authorize

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the appointment of a surveyor for the lands in the northern part of the Mississippi Territory, and the sale of certain lands therein described," as relates to the reservation of certain sections, for the purpose of laying out and establishing towns thereon.

JANUARY, 1818.

ced by his proclamation on taking possession of Amelia Island; comprising the whole of both the Floridas, without excepting that part of West Florida which is incorporated into the State of Louisiana-their conduct while in the possession of the island, making it instrumental to every species of contraband, and in rere-gard to slaves of the most odious and dangerous character, it may fairly be concluded, that if the enterprise much annoyance and injury would have resulted from had succeeded on the scale on which it was formed,

Mr. CRITTENDEN, from the Committee on the Judiciary, to whom the subject was referred, ported a bill to divide the State of Pennsylvania into two judicial districts; and the bill was read, and passed to the second reading.

Mr. ROBERTS presented the memorial of Paul Beck, junior, and Thomas Sparks, of the city of Philadelphia, manufacturers of shot, praying an additional duty of one cent per pound on imported shot, may be laid, for reasons stated in the memorial; which was read, and referred to the Committee on Finance.

The Senate resumed the consideration of the report of the Committee of Claims, to whom was referred the petition of William Farris, senior, and in concurrence therewith, the petitioner had leave to withdraw his petition.

The Senate resumed the consideration of the report of the Committee of Claims, to whom was referred the petition of Nathaniel Cutting, and in concurrence there with, the petitioner had leave to withdraw his petition.

The Senate resumed the consideration of the motion of the 13th instant, for instructing the Committee on Military Affairs relative to bounty land; and agreed thereto.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act in addition to an act, for the relief of John Thompson," together with the amendments reported thereto by the Committee of Claims; and the further consideration thereof was postponed until Monday next.

The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act for the relief of John Anderson;" and, on motion by Mr. ROBERTS, the further consideration thereof was postponed until next Monday week.

AMELIA ISLAND.

The following Message was received, yesterday, from the PRESIDENT OF THE UNITED STATES: To the Senate and House of

Representatives of the United States:

I have the satisfaction to inform Congress, that the establishment at Amelia Island has been suppressed, and without the effusion of blood. The papers which explain this transaction, I now lay before Congress.

By the suppression of this establishment and of that at Galveztown, which will soon follow, if it has not already ceased to exist, there is good cause to believe that the consummation of a project fraught with much injury to the United States has been prevented. When we consider the persons engaged in it, being adventurers from different countries, with very few, if any, of the native inhabitants of the Spanish colonies, the territory on which the establishments were made; one on a portion of that claimed by the United States, westward of the Mississippi, the other on a part of East Florida, a province in negotiation between the United States and Spain-the claim of their leader as announ

it to the United States.

deserving of attention. The institution of a GovernOther circumstances were thought to be no less ment by foreign adventurers in the island, distinct from the colonial government of Buenos Ayres, Venezuela, or Mexico, pretending to sovereignty, and exercising its highest offices, particularly in granting commissions to privateers, were acts which could not fail to draw after them the most serious consequences. It was the duty of the Executive either to extend to this establishment all the advantages of that neutrality which the United States had proclaimed and have observed in favor of the colonies of Spain, who by the strength of their own population and resources, had declared their independence, and were affording strong proof of their ability to maintain it, or of making the the first course been pursued, we should not only have discrimination which circumstances required. Had this pretended government in regard to the United sanctioned all the unlawful claims and practices of States, but have countenanced a system of privateering in the Gulf of Mexico, and elsewhere, the ill deeply and very extensively felt. The path of duty effects of which, might, and probably would have been was plain from the commencement, but it was painful to enter upon it while the obligation could be resisted. The law of 1811, lately published, and which it is therefore proper now to mention, was considered applicable to the case, from the moment that the proclamation of the chief of the enterprise was seen, and its obligation was daily increased by other considerations of high importance already mentioned, which were deemed sufficiently strong in themselves to dictate the course which has been pursued.

Early intimation having been received of the dangerous purposes of these adventurers, timely precautions were taken by the establishment of a force near the St. Mary's to prevent their effect, or it is probable that it would have been more sensibly felt.

To such establishments, made so near to our settlements, in the expectation of deriving aid from them, it is particularly gratifying to find that very little encouragement was given.

The example so conspicuously displayed by our fellow-citizens, that their sympathies cannot be perverted to improper purposes, but that a love of country, the influence of moral principles, and a respect for the laws, are predominant with them, is a sure pledge, that all the very flattering anticipations which have been formed of the success of our institutions will be realized. This example has proved, that if our relations with foreign Powers are to be changed, it must be done by the constituted authorities, who, alone, acting on a high responsibility, are competent to the purpose; and until such change is thus made, that our fellow-citizens will respect the existing relations by a faithful adherence to the laws which secure them.

Believing that this enterprise, though undertaken by persons, some of whom may have held commis

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