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JAN. 19, 1825.1

Niagara Sufferers.-Chesapeake and Delaware Canal.

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unless, by following them, we endanger some principles vitally connected with our national existence.

The question was then taken by Yeas and Nays, as follows:

YEAS.-Messrs. Adams, Alexander, of Tenn. Allen, of Tenn. Allison, Bailey, Baylies, J. S. Barbour, Bartlett, Bartley, Beecher, Bradley, Breck, Brent, Burleigh, Cady, Call, Cambreleng, Campbell, of Ohio, Cassedy, Clark, Collins, Cook, Craig, Crowninshield, Culpeper, Cushman, Day, Dwinell, Dwight, Farrelly, Findlay, Foote, of N. Y. Forward, Frost, Fuller, Gazlay, Gurley, Hamilton, Harris, Harvey, Hayden, Hemphill, Henry, Herkimer, Hogeboom, Holcombe, Houston, Isaacs, Jenkins, Jennings, Johnson, of Vir. J. T. Johnson, Kent, Kidder, Kremer, Lawrence, Lee, Lincoln, Litchfield, Livingston, Locke, McArthur, McKean, McKee, McLane, of Del. McLean, of Ohio, Mallary, Martindale, Marvin, Miller, Mitchell, of Md. Moore, of Ken. Moore, of Ala. Morgan, Neale, Newton, Olin, Owen, Patterson, of Ohio, Plumer, of N. H. Plumer, of Penn. Reynolds, Richards, Rose, Ross, Saunders, Scott, Sharpe, Sibley, Sloane, Sterling, A. Stevenson, J. Stephenson, Stewart, Storrs, Taliaferro, Taylor, Ten Eyck, Test, Thompson, of Penn. Thompson, of Ken. Tomlinson, Tracy, Trimble, Tucker, of Va. Tyson, Udree, Vance, of Ohio, Van Rensselaer, Vinton, Wayne, Webster, Whipple, Whittlesey, White, Williams, of N. Y. James Wilson, Henry Wilson, Wilson, of Ohio, Wolfe, Wood, Woods-123.

was true, that it was impossible for common men to know, at all times and with certainty, what are the designs of politicians, yet he must take it for granted, as a truth generally known, that this Government wished, during the late war, to conquer the Canadas. They did indeed, make their first movement at the remotest point possible. But no sooner was the failure of General Hull known, than it was perceived, on all hands, that the Niagara frontier was likely for a long time to be the theatre of war. Our Government knowing this, ought to have provided barracks for the shelter of the troops. The country along the Niagara was peculiarly important, because it contained two forts; the one at the head, the other at the foot of the River. Gen. Brock saw clearly its importance, and was ready, when the battle of Queenstown took place, to have commenced important operations against it. Yet the Government did not provide quarters for its troops. It suffered its army for a whole year to occupy the private houses of the citizens. Nor did it do this for one year only. During the whole of another campaign, the same state of things was suffered to continue. The troops were in fact quartered upon the people, and that without any law, in direct violation of the constitution. Now, sir, said Mr. L. I can conceive of no greater evil, than the presence of a licentious soldiery, at the fire-side of your citizens. I can conceive of no greater sacrifice to patriotism than the patient endurance of such an evil. The Constitution forbids it to be done, unless by due course of law. There NAYS.-Messrs. Abbot, Alexander, of Va. Allen, of was no law, and yet it was done. It has been said, that it Mass. Archer, Barber, of Ct. P. P. Barbour, Bassett, was done by the consent of the inhabitants. The consent Blair, Buchanan, Buck, Buckner, Campbell, of S. C. of the inhabitants! To what? Did you ever ask their Carter, Cary, Condict, Conner, Crafts, Cuthbert, Durleave to send your armies and quarter them at their fire-fee, Eddy, Edwards, of N. C. Floyd, Foot, of Ct. Forsides, year after year? And did they ever give you their syth, Garrison, Gatlin, Gist, Govan, Hobart, Hooks, F. consent to this? Did you ever wait for their consent? Johnson, Lathrop, Leftwich, Letcher, Little, Long, No. You sent your armies there. The people saw them Longfellow, McCoy, McDuffie, McKim, Mangum, Mat perishing for want of a shelter. It was a question of hu- lack, Matson, Mercer, Metcalf, Mitchell, of Pa. O'Brien, manity whether they would see them perish, or take Outlaw, Patterson, of Pa. Poinsett, Randolph, Rankin, them into their doors. But it was also a question of fear, Sandford, Arthur Smith, William Smith, Spaight, Standewhether they should refuse, at the risk of having their fer, Stoddard, Swan, Tattnall, Thompson, of Ga. Tucker, houses blown about their ears. The assent was given, to of S. C. Vance, of N. C. Whitman, Wickliffe, Williams, be sure-but it was in all respects a forced consent. And of Va. Williams, of N. C. Wilson. of S. C. Wright-69. what did the Government do at last? It must be reco!- So the bill was PASSED and sent to the Senate for conlected that the banks of the Niagara river constitute, incurrence. almost their whole extent, a natural fortification. There CHESAPEAKE AND DELAWARE CANAL. are but a few places where the nature of the ground, and of the current, will permit boats and munitions of The engrossed bill to authorize a subscription to the war to cross the stream; and these few spots resemble Stock of the Chesapeake and Delaware Canal was read the defiles in otherwise inaccessible mountains; for the a third time; and, on the question “ Shali the bill pass?" banks are in some places of perpendicular rock, and in Mr. McDUFFIE rose, to explain the grounds on which others, they overhang their base. Yet, what did the Go- he should give a different vote on the passage of the vernment do to secure these passes? Nothing-literally bill from that which he had given on ordering it to a nothing. After having, by an act in itself unconstitution- third reading. He was opposed, he said, to the comal, (the occupation of their houses,) exposed the inhabi-mencing, at this time, detached parts of a system of Intants to the ravages of the enemy, they did nothing for ternal Improvement, for reasons he had heretofore stattheir defence; and, in the end, they were invaded, over-ed to the House. The case embraced by this bill, howthrown, laid waste, robbed, ruined! Many of them have ever, appeared to him to be an exception. It proposed been since suffering the peine forte et dure of endless not to give money, but to subscribe for stock, the value debt. Sir, would any other portion of this country that of which will be, probably, equal to the amount of mowas in condition to resist, have submitted to this? No. ney subscribed. The work, moreover, was one of vast But these people were feeble and helpless. They sub-importance, and the country in which it was located was mitted, because they could do nothing but submit.

There was another principle, Mr. L. observed, which | would require to be noticed. The bill asks only for remuneration for losses sustained under such circumstances. But then we are told that if we pass it we shall subvert the laws of nations. Sir, I have no apprehensions on this subject. This is a question, not between this nation and another-but between this Government and its own citizens. As to foreign nations, our security is not in the code of Vattel, but in showing ourselves strong to resist aggressions. In this case, we ought not to construe the rules of national law with too much strictness. The best rule to be followed is, the best feelings of the heart, VOL. I.-18

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not competent to defray the expense. This canal was, besides, unquestionably one of those works which, on a general system, ought to be done by the General Government, and not left to the local government, being national in its character. By subscribing to it now, we may have the prospect of getting back the whole amount we shall advance, &c. Another reason was, that, without waiting for a general system, the House had just passed a bill for the commencement of one work of Internal Improvement, not standing on as strong grounds as this-the passage of which weakened the objection to this measure. And here he took occasion, to observe, that he felt so much gratification at observ

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ing the growing strength of the cause in this House, and the acknowledged conversion to it of several individuals, as to compensate for the regret he might otherwise have felt at not having succeeded in the opposition, which, upon other grounds, he had felt it to be his duty to make to the bill for the continuation of the Cumberland road.

Mr. HAMILTON, of South Carolina, then expressing a wish to address the House on this bill, the House consented to a motion for an adjournment, and, without taking the question on this bill,

The House adjourned.

IN SENATE-THURSDAY, JANUARY 20, 1825. Mr. LLOYD of Mass. stated that the Senators of Massachusetts had received certain resolves of the Legislature of Massachusetts, now in session, in reference to the claim of that Commonweath, for the services of the militia of that state, during the late war; praying the speedy adjustment and payment of that claim. And instructing the Senators of the United States from that state, to present the said resolutions to the Senate. In pursuance of which instruction, he asked leave, in behalf of the said Senators, to present the resolves accordingly; observing, that, as the subject to which they relate is now before the House of Representatives, after having undergone the investigation of an able committee, and would, he trusted, shortly come before the Senate in an acceptable shape, in the form of a bill for the payment thereof, he would propose, that the resolves should be received, read, and, for the present, lie on the table.

[JAN. 20, 1825.

to present their own views of the subject, not doubting that they might rely on the wisdom of the Senate to rectify any thing that might be wrong; and the committee were happy to find that, on the reception of the Presi dent's message, he recommended at least measures as energetic as those proposed by the Committee on Foreign Relations.

In the discussion of this subject, I do not know the precise course that ought to be pursued; for, whilst I hear on one hand, in conversation, that the measures we have adopted are too strong, on the other I am told that we have not proceeded far enough. I presume to hope, on this occasion, the truth lies between the two, and that, on the whole, the committee have been fortunate in the means they have suggested to put an end to the atrocious practice of piracy. Fortunately, or perhaps I should say unfortunately, for the facts disclosed are of the most melancholy description, there is no room to doubt the statements that have been made. Our commerce has too long been spoliated by these brigands of the West Indies, and our citizens have suffered every species of outrage from them, not only in the destruction of their property, but they have been cruelly tortured and most barbarously murdered. It is equally true that the means which have been hitherto resorted to have been insufficient to put a stop to it. And I believe it is equally true that the continuance of the evil is to be ascribed to the fact, that these bandits find an asylum in the Spanish possessions in the West Indies. It is equally true, that the information we received from our commanding officer in that quarter, stating that piracy was at an end, and a piratical sail was no longer to be seen, is incorrect. It has gone on, gaining strength from time-its horrors have increased, instead of being diminished, and the numbers of these enemies of the human race have been swelled by the most profligate wretchesthe refuse of all nations. The nautical means employed Resolved, That the Senators of this Commonwealth, are not sufficient to effect the desired end; and nothing in Congress, be instructed, and the Representatives re- short of the pursuit of these villains on shore, promises quested, to urge, at their present session, the adjust-any thing like an adequate remedy. The pirates are ment of the claim of Massachusetts on the Government not only to be found at sea, but the whole island of Cuba of the United States, for disbursements necessary in the is infected with this moral leprosy, from head to footCommonwealth's defence, during the late war; and that all have participated in the spoil thus villainously acquirthe admission of its justice and validity, so far as it has ed, nor will it cease till the United States adopt some been expressed by the authorities of the National Go strong measures to make them feel the consequences vernment, is duly appreciated. of the measures which they have not only tolerated but

The following resolve was ther. handed to the Chair, read, and laid on the table, viz: Commonwealth of Massachusetts.

the state.

Attested by the President of the Senate of Massachu-assisted in. setts, the Speaker of the House, and the Governor of These are the facts of the case, and the inference drawn from them; and I presume there can be no differMr. HOLMES, of Maine, and Mr. CHANDLER, re-ence of opinion on the subject in the Senate, that it is spectively presented similar resolutions of the Legislature of the state of Maine, which were also read, and ordered to lie on the table.

SUPPRESSION OF PIRACY.

The Senate then, according to the order of the day, proceeded to the consideration of the bill, reported by the Committee of Foreign Relations, for the suppression of piracy. The bill having been read through

Mr. BARBOUR, (Chairman of the Committee on Foreign Relations) commenced his remarks by saying, that the Senate were aware that this bill was reported by the Committee on Foreign Relations under the express instructions of the Senate-they were directed to take into their consideration so much of the President's message, and the petitions of a most numerous and respectable class of our citizens, as related to this subject. The Senate furthermore urged the committee to report without delay. They would have preferred postponing their report till they received a message from the President, disclosing the views of the Executive, in relation to the means proper to be employed to arrest the progress of the enormous mischief. But, from the nature of the case, they were so impressed with its urgency, and the necessity of a speedy report, that they resolved

necessary that something should be done, and that it should be done speedily and efficaciously. The only difference that can possibly exist may be, as to the means which ought to be employed; for, surely, there can be no doubts as to the expediency of stretching out the arm of the nation, with all its resources, if necessary, to but an end to piracy. The committee did not portray, in the dark colors of which the subject is susceptible, the outrages and atrocities committed by these brigands. They did not exhibit the American citizen suspended from his own yard-arm, or weltering in his blood on his own deck, invoking in vain the aid of that flag, as well the pledge of your protection as the emblem of your sovereignty. They did not do so, because they thought that the naked facts, with the atrocious circumstances connected with them, would be sufficient to excite the indignation and horror of every citizen. They, therefore, left the subject to the general conception of every member of this body, without wishing to bring out the whole of the dark disclosure. On this account, some may be induced to believe that, in the means we have recommended, we have proceeded too far, but in my estimation, we have not, nor do I believe we could have gone too far. These people, by a singular combination, unite two of the most atrocious crimes that infest socię

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ty, the slave trade and piracy; and Sodom and Gomorrah can no longer claim the infamous pre-eminency in crime.

There are others who think we have not gone far enough, but if they had said we ought to have recommended extermination, I should not have thought it too strong. They are the common enemies of the human race. The whole island is participating in the most atrocious crimes that can be perpetated by man, and against these, as enemies of the human race, extermination might with propriety be denounced. The committee had no desire to inflame the passions, nor have I, and I am confident that no labored coloring is necessary to make every member of this body feel as powerfully on this subject as I do.

Sir, I will now proceed to take up the bill, section by section, to satisfy the Senate as to the propriety of adoping the means proposed.

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The first section proposes building a number of ships, not exceeding ten, of a particular force. In relation to this clause, I wish to remark, that it is the copy of a bill that passed last session for building these ships. It was measure strongly recommended by the intelligent Head of the Navy Department. These vessels were to answer two purposes; they were not only calculated for suppressing the existing evil, but they would be an addition to the navy, to be used whenever a force of this description could be of service, and as a means of keeping down this tremendous evil when it was once down. It was then argued that it was more prudent to buy than build, that the most intelligent were of a contrary opinion, and experience warranted it. It is unnecessary to travel further on this ground, since nothing has since occurred to occasion a change of opinion on this subject, but, on the contrary, the duration and the increase of the evil has tended to confirm it. The House of Representatives had not time to consider it. It was passed over with many hundred other subjects, but there was never any thing unfriendly exhibited, as far as I am advised, to its passage.

The second section provides for the landing of our forces in fresh pursuit of pirates, in the territory.

I believe, as far as regards our right to adopt this measure, there is no question that it will be yielded, on all hands, that it is lawful to enter the territory of any power in which pirates have taken refuge. Where a neutral power permits the enemy of an established Government to enter its territory, it instantly creates a right, on the part of the opposing power, to pursue, because, in giving them refuge, they abandon their neutrality. Much more so, is the right unquestionable as regards pirates. They are the common enemies of the human race, towards whom there can be no neutrals; therefore, it is perfectly lawful to pursue them into any territory into which they may have taken refuge, and any nation who should assert that their rights had been violated by such a pursuit, would make themselves parties in their crimes, and become obnoxious to all civilized Governments, for the refuge afforded to the enemies of mankind.

If there be any doubt, however, on any man's mind, I will avail myself of the opinion of one of the most distinguished jurists of this country, and when such authority is to be had, I prefer it to all other. This gentleman was at the head of the Navy Department when instructions were given to Commodore Porter, when he proceeded on his first cruise on that station, and who now occupies, with so much credit to himself and usefulness to his country, a seat on the supreme bench. After sanctioning the principle above advanced, as to entering the territory of neutrals by belligerants, he proceeds to state that, in the case of pirates, there is no neutral party; they being enemies of the human race, all nations are parties against them, and therefore the right of entry, into any and all territories, in pursuit of pirates, is a clear

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principle of international law. In addition to this, you have the message of the President of the United States, stating, that this course is necessary to reach the evil, so that there can be no doubt as to the expediency of the measure.

I cannot too often endeavor to impress on the minds of the Senate, that these brigands are not only formidable by sea, but they find abetters by land. Let humani ty blush on the declaration of the fact; they find countenance not only amongst the refuse of the population of Cuba, but amongst the merchants, the planters, and, what is more humiliating, amongst the constituted authorities of the Island. Every place throughout the Island, we are credibly informed, is contaminated byt his deadly sin. Sir, the idea of a constituted or local authority, lending his aid to obtain redress for the aggrieved, is idle. The testimony of Randall, which I think is unquestionable, is sufficient proof that the local authorities, instead of putting down this evil, receive their share of the wages of iniquity. We are told these brigands rarely venture out in large vessels, but hover round the shores and the country, which, from the number of creeks and inlets, is peculiarly adapted to the objects of these marauders; and, when they are pursued by the American squadron, they find refuge on shore; and, where is there a shadow of evidence to prove that they have been taken up and punished for their crimes, and for the sufferings they have caused? There is none. You must cause vengeance to reach thein-you must teach them there is justice still on the earth; and, although their own Government connives at their iniquity, there is another country strong enough to seize them in their recesses, and drag them to condign punishment. If we travel further into the case, we shall see the depth of depravity to which human nature can be reduced. These wretches, instead of being detested, are publicly justified. Yes, sir, it is pronounced an honorable trade; and what are we to expect from beings who justify such deeds as these? There is another circumstance which is very strong indeed; even General Vives himself, whom we exempt from participation in these deeds of iniquity, is still afraid to execute the authority with which he is invested. These brigands are seen in the public streets, mixing with the most respectable people of the placeand why not? They are all engaged in the same abominable traffic; and although those who have been so fortunate as to escape the murderer's poniard, have been able to point out in the public streets, a man, saying, "there is one of those who robbed me and murdered my companions," he is told to beware lest the poniard still reeking with the blood of a brother, shall shed his own.

Sir, I have heard it stated that the territorial rights of Spain would be violated, were we to adopt the measure recommended in this section. That it is a terrible thing to violate the rights of a nation and draw on war, and all its calamities. But Spain has obligations to perform as well as rights to assert. If Spain had acquitted herself of the obligations imposed on her by the laws of God and Man, and brought to punishment those monsters who find refuge in her territory, and to which she has been so often urged by our Government in vain, I would admit, that any attempt to enter her territory, as it would be without necessity, so, also, it would be without right, and unjust. But, under existing circumstances, what can Spain do? The committee find that Spain is unable to fulfil her social duties, and they put this charitable construction on her neglect of them. If she is able to put a stop to those outrages, and yet still permits them, she makes herself a party in the crime, and no measures that the United States could adopt would be too strong. We must act on one of these facts-connivance or inability. To act on the latter, is for the benefit of Spain. And what can Spain complain

Senate.]

Suppression of Piracy.

[JAN. 20, 1825.

of? The United States has thrown herself on her own and precedents authority. And, give me leave to inresources to do that which Spain ought to do, but finds quire, At what epoch was posterity disfranchised? At herself unable. Sir, let us bring this case to private what point of time did they forfeit the privilege of emlife. Suppose the habitation of an individual to be in-ploying means corresponding with a new and necessitruded on by a ruffian, and he is without strength, and tous occasion? Selden, the English Patriot, was asked, unable to resist him. A neighbor who had been annoy. by what authority he justified opposition to tyranny? ed by this same ruffian, seizes him and turns him out; He replied, he was not aware that there was any statcan the weak man complain? The same principle ap- ute upon the subject, but it was a usage in England. plies here. It is a misfortune, but not a crime, in a When our fathers, animated by the love of independence nation, that it is incapable of doing itself justice. Spain and of liberty, rose, in their might to break their cannot acquit itself of its obligation in driving out these colonial bondage, and to establish our free and happy bandits. They carry on war with all mankind, and all institutions, had some admirer of precedent inquired mankind ought to arise to relieve a neighbor that is una- on what ground they justified their measures, appealing ble to assist itself. from musty records and established precedents, they would have pointed to the original source of all human authority-the law of Nature, and which, when unpolluted, guarantees the self-preservation and happiness of man.

But, sir, I beg to observe that this clause is limited to a fresh pursuit. When these wild beasts are started from their lairs by the American squadron, and wish to conceal themselves, then making fresh pursuit, authority is given to the officers to pursue them, capture them, and bring them back, or leave them in the island, if assurance is given that they shall be brought to condign punishment. I am now alluding to the caution with which this power is given. It is not a general privilege to enter the country in pursuit of pirates, because the ultimate consequences of that might be mischievous. But, if, in a fresh pursuit, it is necessary to apprehend them, then the authority is granted them. With this caution, no difficulty will be created; and, considering the exigency and extraordinary nature of the case, and the outrages committed, there cannot be any difference of opinion in the Senate as to this clause of the bill. Surely, those do not argue well, who say that a measure should not be adopted, because it may ultimately produce mischief. This objection lies against any and every measure. If power is pushed too far, there is authority sufficient in this country to punish those who should be guilty of a wanton abuse of power.

The third clause is that authorizing blockade, under particular circumstances.

This clause has been particularly objected to, more especially on the ground of right.

Sir, the committee, in their consideration have assumed the ground that we have had ample cause for war against Spain, according to the law of nations. It is expressly laid down, that, if a nation refuses to repair an injury committed by its subjects or citizens, it becomes instantly obnoxious to the aggrieved party, and affords just ground for retaliation. On this principle, Spain stands obnoxious to the United States for every outrage committed on its citizens by her subjects. The injuries have been inflicted, and redress demanded in vain. If, then, this is true, unquestionably we have sufficient ground for war with Spain. A just occasion to declare war leaves to the injured party a right to modify, according to his pleasure, the application of his force so as to effect his end. Hence, there are various steps, having reparation for their object, short of war-steps dictated by reason and humanity, and which not unfrequently produce the desired result, without the calamities of war, such as an embargo, letters of marque and reprisal, and, I will add, a blockade: for I can see no reason applicable to the former, that will not apply with equal force to the latter. If either of these measures succeed, the cause of humanity is promoted. The argument that nothing shall be done which is not justified by precedent, is at war with the condition of human kind, the current of whose affairs is one continued vicissitude, every age presenting its own incidents. From whence have you derived the precedents forming the law of nations. They had their origin in the right common to us. They rest on the maxim equally inculcated by jurists and by reason, that right goes hand in hand with the necessity and the exigency of the case. In self-preservation, you have a right to resort to such measures as necessity dictates. On this principle our ancestors acted. Their actions became precedents,

He, therefore, who refuses to proceed, if there be not a precedent on the files, separates himself from the mighty and resistless current of human affairs, and becomes partially barbarous. Reason and necessity compel us to yield to its endless changes. Although, therefore, no authority could be appealed to to justify this measure, yet, if it be obviously necessary, to save our property from destruction, our citizens from massacre, and to bring to condign punishment the most atrocious of mankind, enemies of the human race, that necessity would be a sufficient justification.

Returning again to private life: suppose a case between two individuals. It is unique. Would the tribunal say, there is no precedent, therefore your case shall not be provided for? No. It refers to the source of the eternal principles of justice, tries the case by that, decides, and the principle becomes a precedent. Therefore, in reference to nations, if there is no authority, no precedent, no analogy-if it is a new case in the course of human affairs, let it be adjudged by the same rule. You must attend to the current as it flows, adapt the means to the end, and you are satisfied. Mankind is in a continual course of revolution. It is in vain to talk of fixing him by establishing precedents. New means must be adopted, and those means must correspond to the end. Right goes hand and hand with the exigency and necessity of the case, and if your means are well directed and sustained by justice, you have nothing to apprehend. But, are we without precedent on this subject? I admit I have not examined the jurists on this subject with much attention-but we have one modern one which not only covers the ground the committee recommend, but goes further, because it is much stronger. This case is the blockade of Cadiz, on the part of France. They did not pretend to be at war with Spain, but avowed distinctly they were not, but, according to the morality of the French school, this city was in possession of the insurgents, enemies to social order, and what course do they pursue? They blockade the city. None are allowed to approach. But, to give peculiar emphasis to this precedent, Mr. President, is it not remembered by every one that an armed vessel belonging to the United States, and the messenger of peace from one power to another, was denied admittance? England experienced similar treatment. I do not perfectly recollect the whole of the circumstances, but I believe there was but one exception. Yet, I have never heard of any complaint having been made, either by America or England, or any other European power. The vilest slave that is prostrate at the foot of majesty, who enforced so strong a measure as proclaiming a blockade so severe as even to exclude the messenger of peace, could not, on any principle, deny our right to blockade a place in which these robbers have taken refuge, and the inhabitants of which place are in league with them. Therefore, I conclude, that, on every principle we are justified in exercising this power.

Permit me to ask, from whom can any complaint arise ?

JAN. 20, 1825.]

Suppression of Piracy.

[Senate.

That is a queston well worth inquiring into, for it is way-but, if this evil be not stopped, we may have to prudent to look to the consequences. Can Spain com- resort to extremities. If there are further proofs of plain? No. Because the arguments that apply to in-plunder and bloodshed, they may conceive it necessary vasion of a territory, apply with equal force to a block-to employ the phial of wrath, even to extermination. ade. Spain! you cannot do us justice. Murderers and robbers take shelter in your territory, and your landsmen, instead of delivering them up to punishment, assist them in the perpetration of their crimes, and share the spoil. We make a fresh pursuit; your people have done all they can to shelter them, and refuse to give them up therefore, we point the finger of wrath against the offending spot.

Make it their interest, which is the only hold you have upon them, make them feel it is their interest to acquit themselves of their obligations, and give up those men who take refuge amongst them. Let us bring the case once more to private life. I have no right to shut the door of my neighbor, if he is acquitting himself of his obligations to me; but if I know from unquestionable evidence, that his house is the asylum of murderers and robbers, one of whom has robbed my brother, if I shut his door to prevent their escape, could that individual complain that I had done him an injury?

This is the language that would take place between Spain and other nations, were she to lose sight of the little self-respect she enjoys, (and I know of no nation that enjoys less,) as to complain of a measure of this kind. She would then be implicated with these assassins. From whom, then, is there any danger? From France? France would be too modest to complain of our blockading any of the Spanish ports, Matanzas, for instance, after having assumed the right of blockading Cadiz. Can England or any other power complain? These men are enemies of all mankind, therefore, every nation is against them. There is not a Government on earth, however degraded it may be, but would blush with shame on claiming the privilege of violating this blockade. Peculiar circunstances might render it necessary to exterminate them as the enemies of mankind.

I beg leave to call the attention of the Senate to the fact that this measure applies only to the guilty-vengeance points to the particular spot. And the innocent are not included. Wherever shelter is given, there the inhabitants become parties to the crime. Surely all will rejoice in the success of this measure, which is the welfare of mankind.

The whole people have given themselves up to murner and rapine-the whole people! and they have found their account in so doing, by prevailing on the most atrocious to join their bands. You are told that nothing will reach this evil but the conviction on their minds that it is their interest to put a stop to such lawless proceedings. Nothing will produce that conviction but force; and that force must be brought to bear on the offending cities. When their trade is cut off, and they lose the fruits of their rapacity, the inhabitants themselves become interested in putting a stop to it. you have the guarantee of their interest, there is no question of ultimate success. The only security you have is their interest, and you make it their interest by cutting them off from all intercourse with mankind. It is not necessary to urge this point any further. I think that we are justified in exercising this power both by reason and analogy. If that is maintained, the expediency will certainly be acknowledged

When

Sir, I think the strength of our measures may be ascribed to the imbecility of Spain. That weakness has produced the necessity of adopting the powerful measures in question. But, if it is said that they have been adopted with the intention of taking advantage of the weakness of Spain, I answer, blessed be God, the United States have nothing to wish, and nothing to fear: we are prepared to rejoice with our fortunate neighbors: and, if they are unfortunate, to pity them. Surely if, in the tide of time, any nation ever existed, calling for the This privilege of blockading, although called for by compassion of mankind, that nation is Spain. O! how the circumstances of the case, and strongly recommend- she is degraded-how she is sunk-a foreign bayonet ed by an intelligent agent there, as necessary for the supports a tottering throne, whilst her imbecile monarch purpose of effecting a kind of moral revolution in the is watching, with a jealous eye, the progress of every İsland, this system is no longer to be pursued than is thing that is patriotic or worthy. His counsels, in his own necessary. The committee, in granting this power, ap-native country, have been more disastrous than the proached the subject with the greatest attention and march of a desolating conqueror. His decrees are diccaution. We do not give a general privilege to the offi- tated by fear, cruelty, and despotism, and written in cers, or even to the President, to exert this power. blood--at their approach, whatever is worthy, retires, as They say, before this power is exercised, you shall from the hand of death-in their van, amazement and have traced these brigands to a particular spot-you flight; but behind, sorrow and solitude. In fine, the have been prevented overtaking them in a fresh pursuit. annals of Spain are like the Prophet's scroll, which was The guilt is thus thrown on the city. And, after all, written within and without, and there was written lathis power is not to be executed till a reference has mentation, and mourning, and woe. Were it possible been made to the President of the United States, and it for America to desert her high career, to add an addiis for him to say whether or not, under all the circum- tional drug to the cup which Spain has been doomed to stances of the case, this power is to be exercised. If it drink, we might well fear that we should provoke the is not necessary, then the bill has done no harm; but, if, vengeance of that God whose kind Providence has enafrom the course of events, it is necessary to execute bled us to march, with a giant's stride, to the fulfilment vengeance on these infamous people, then this power of our happy destinies, and whose favor is to be conciis in the hands of your Chief Magistrate to provide for liated only by deeds of moderation and justice. the exigency of the occasion. Is it objected, that this is trusting too much to the President? That power is exercised only by the will of the nation, acting directly on the subject; it does not say this power shall be instantly exercised; but, if, from the exigency of the case, a necessity is created of exercising it, then the President shall have the power of exercising your will. There is no transfer of power: we in our sovereign capacity, point out the instrument by which our will shall be carried into effect.

It is recommended, by an intelligent agent, to blockade the whole Island, and make reprisals by land and water. Nothing short of this will be effectual. We Irave not proceeded so far-we are disposed to feel our

These robbers are more ferocious than the Algerine corsairs; they spare neither age nor sex, but all fall beneath their murderous hands. Out of twelve vessels, not one was suffered to survive! Can the records of any age produce any thing more monstrous or barbarous than this? These are the powerful motives which have induced us to recommend the adoption of such decisive measures: it is to save our property from plunder, our citizens from being murdered, and our flag from being insulted, and that it may become an inviolable safeguard over whatever subject or whatever sea it may wave. The 4th section is to effect limited reprisals on offending vessels.

It is one of the principles of our bill that the guilty

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