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e*o. our representative in con.
gross, the uoiugs of this meet.
tug.
VotfU, The ahove committee
consist ot the following person*,
Captain William Story, Nathan B.
Martin and Just pit Hedrick.
Attest,
Joshua Priktij, Teton Clerk*'
Upon a candid view of this tetri
sic « b|ection I think I am warrant*
ed in the conclusion, that the provi
sion partakes nothing of the char
acter of military despotism—. But
is fully justified both by principle
and precedent.
Still f urther to excite our alarms,
intimation have been thrown out,
but faintly l acknowledge, that the
embargo laws are unconstitutional.
After what had taken place upon
that subject in 1794 by the unani
mous content of all the departments
as well as what has been lately deci
ded upon in tfiat respect: 1 really
should have been surprized, in en
tering a boarding school, to have
heard that (juration propounded,
merely to try the skill, or whet
the ingenuity of spouting boys,
or Jispmgmisses : but to hear it inti
mated by grave legislators in quest
of ti nth, and engaged in directing
the practical operation of the gov
ernment, even too by judges and
lawyers, into me really astonish
ing. 1 am astonished that the
respet t they must feel for the opini
ons of their acquaintances, as well
as of future tunes could not deter
them from hazarding themselves
upon such a suggestion. Hut, sir,
1 find within a lew days past, the
mental optics of some gentlemen
have been upon stretch to discover
other doubts , which under the
names of casus omissus or some sub.
tletiej, are transformed into reali.
ties so formidable as to destroy the
whole energy of the constitution,
and arrest completely the practical
operation of the government. I
allude, sir, to the supposed disco
▼erv of the gentlemen from Massa
chusetts (Mr. Lloyd) that congress
could make no regulation of com
merce between the ports of the
tame state, although he will find
the principle settled in every law
that ever was past for regulating
the coasting trade ; that the same
principle was formerly decided by
the unanimous vote of this body
only a year or two ago, and with
not more than five dissentients in
the other house ; and even they
might have been influenced by
tome collateral considerations,
when it m also cosidcred, tli.it
without the exeercise of this power
several, of the most important spe
cified powers, would be rendered
wholly nugatory. Ye>, sir, every
speck which a disturbed imagina
tion had supposed it had discovered
upon the horizon of the constitu
tion, is now by the help of inentai
microscopes transformed into s tre
mendous cloud, fraught w ith dread
ful storms and horrid thunders ;
and which is its destructivv course,
is to tear up all our right and liber
ties by the roois ! Sir, * tin time to
turn from such unprofitable scroti,
i.ies—’tts time to bend our thoughts
on other objects—’tts time to lace
the public dangers and to repel
them.
The last tocsin of alarm which
has been founded upon this occa
aion, is the suspension of the privi
legif of the writ of hubvas corpus.
We have been reminded of the
proceedings of this house, upon
that subject, and the fate they cx
perinced in the,other house. In
stead of this circumstance bring
urged as an admonition to those
who wish to see the laws respeeted,
and to fuintsh the means lor cau
sing the national will to be execu.
ted it ought to be a caution to
those who with the most laudable
xr.il for the preservation ot indi
vidual rights, are deterred from
these objects by [Xipu e.r sugges
tions. 1 thought by this time,
that every man of common impar-.
tialitv and counion sense, had seen
in subsequent events the propriety
of t!uit measure. V rejoice that 1 j
had the honor of proposing it* a id
ala avs regretted its rejection, j
Indulge me, sir with very few ob
servations upon this subject. l’be
constitution contaios but one
clause respecting this writ. It is
in the following words : M The
privileg.-s of the writ of habeas cor
pus shall not he suspended unless
when in cases of rebellion or iuvi
won, the public safety uiay rtquire
it" i presume that every ii.au iu
the United States, will now admit
that a rebellion did exist, arid that
the public safety was in danger:
no constitutional objection could
therefore exist to the bill, and
when its limitation* and direction*
art observed, which appear never
to have been presented to public
notice, I presume posterior events
will have demonstrated its proprie
iy in the opinion of every candid
man of understanding hi the com
mutiny. VV’hat, Mr. President,
hare been the consequence of its
rejection ? You have teen your
judiciary publicly held up to the
wuild as a spectacle of disgrace.—
You have seen a jury sworn to try
an issue in a criminal case, and ex
cluded from the privilege of hear
ing the most material evidence,
upon which the trial of the issue
depended. You have seen treason
go unpunished.—And you have
seen the character of imbecility
J
given to our government, calcu
lated to excite distrust at home, fc <
to invite contempt and attacks
from abroad. What would have
been the probable effects of passing
the bill } Guilt would have roceiv
ed its just reward. The public jus
tice would have been appealed, the
confidence in the energy ot the go
vernment would have been prescr.
ved, and you would have been sa
ved, fir, tfie painful mortification
of beholding the most atrocious
treason stalking unpunished thro*
the land, triumphing in a security
aHordcd, it ig feared, sir, through
the hostile propensities of the
judge against his own government,
or at least against the administra
tion of hit own government. Yes,
sir, and if through popular sugges
tion we should now be driven from
affording the means of executing
the embargo laws, ibe consequence
will be the more to be regretted as
the evils to be remedied are much
more formidable.
Let me then* sir, now enquire '
into the causes of the violations
of the embargo laws : the nature
of the offuncea, and the descrip
tion of persons engaged in their
commissions. The original cause
of these violations is British influ
ence. Ido not mean to apply this
observation in the remotest de
gree any gentleman in the oppo
sition to this bill—11) lieve those
gentlemen are perfectly exempt
from this enflueuce. 1 merely
speak of British influence as a
fact which exists, as au incident
attached to society, and of course
to be guarded against, h Vs a
fact notoriusly known that as soon
as the British government was ap
prised of the measure of the em
bargo, an order was issued invi
ting our citizens to violate the
laws by offering to receive and
protect their vessels, although
they should leave our ports with
out the customary papers, engage
in a lawless trade, and thus at least
to assimilate themselves to pirates.
It is also known, that the British
government has agents in most ot
our sea port towns for purchas
ing up supplies for its fleets and
armies. I hat there are also Bri
tish merchants, and Biitish capi
tal connected with unprincipled
Americans engaged iu the ' tola
tions of these htw*. Yes air, un
principled Americans have been
invited though these means to en
gage in this scandalous traffic.—
And " hat, sir, u the nature ot the
offtn c e» they have been-induced to
comm‘l ? tieaaon? No, sir,
but it partakes essentially of us
' character. If instead of &n Inci
pient, we were in an actual state
of war ;it wo u ld be treason, and
treason of the basest fort. It is r
to say the least, a base abandon
mint of every honorable and pa- J
triotic sentiment. Is it bribery ? ,
It certaiuly partakes assetuialiy
of that character. It is violating,
the laws of our country and co-o
perating in counteracting their
effects upou our enemies regard
less of const qucnces. Is it perju.
■ ry l Yes, sir, it is in most cases
perjury in its essence* ai, d suborn* |
! atioo of purjury in %»!• ct » 9,r >'
the authors of these offences ®°d
those who countenance *°d advise
the com mission ot them, have the
impudence to talk of moral ami
religious obligations ! ! Are these
the individuals, sir, who are to be
treated vviih so much tenderness ?
I Are these the c fiVnces which ate
to be proclaimed legal 5* constitu
tional ? That they li*vu conquered
the constitution, »nd tannot be
, controuled by it* provision* ? If
1 sir, we should he driven bv Our
ft-ar* from affording'be mean* of
executing the embargo H**, in
what situation should we stand
before the nation and the world ?
i Wr have just said wc will not for
, the present re.peal these law*, and
are we notv about to declare that
rre are afraid to execute them ?
That the constitution furnishes
no means for this purpose ? VV hat
a slander upon the constitution!
What an insult upon the framers
of it? What an insult to the peo- (
pie who adopted it I And what
will the people say to all this ? j
What is th« general sentiment
at this moment ? It is, enforce
your embargo laws or repeal them.
And are we about to tell them
that the constitution contains ,
no meant for executing the nation- !
al will when faitly pronounced
npon legitimate objects ?—Or are
we to tell them, that the constitu
tion does ofiord the proper and 1
necessary mean* for executing the
national will, but that we are either
afraid, or do not know how to call
them into at tion ?
Sir, those who assert that the
constitution is defective in this
respect* either do not understand, j
or they misrepresent it* provisions. !
They neither breathe the spirit
nor speak the language of the con
stitution.—Sir, I fttl for this in
strument the most scared venera
tion. And with this constitutioo
in my hand and it* precepts in my
heart, 1 am now ready and willing,
in its own spirit and language to 1
furnish the means ntcessary and
proper for carrying into effect a
great national and constitutional
oijects.—VoT earning into eflect
the embargo laws —and thus, to
make a last effort to preserve the
peace of the nation.
Battle of Sernosia.
Private Communication Jrom an of-
Jker of rank m the Spanish ai my-
Valmasedo, Nov. *.
At day break yelferday mor
ning the enemy, who had recei
ved very conliderable reinforce
ments Irom Vutoria, attacked
the Galiacian army, ported a.
bout a league and a quarter to
advance ol Sernoia, m the fol*
lowing order :
The fir ft regiment of the vo
lunteers of Cctalonia, being part
of the van guard, occupied a
hill to the right of the road lead
ing to Durango.
The third dtvilion, command
ed by Gen. Kequelmi, was Ita
tioned on the heights to the right
of SornoU, to tupport the van
guard, and defend the right
flank of our politico.
The van guard, commanded
by Gen. Mandizabal, defended
tire road leading to Durango.
Our centre was drawn up in
line, on an eminence to the left
and rear of the van guard.
Our left, commanded by Bri
gadier General Figuroa, poliel.
led themlelves ol a hill to*the
left ot the road. The bale of the
hill was joined to that occupied
by the iouuh davdion and re
fer ve.
During the night of the goth
the enemy advanced his force in
very large columns, oppofue to
the different points which he
mfeant loallail. The next mor
ning at day break, lire different
columns moved lorwafd to the
attack, their approach being
concealed by a very heavy thick
fog, which in thcle parts is pre
valent in the morning.
l ire hr It attack was made on
our right. Two large columns
advanced with the intention of
lurpiihngthai part of our torce.
l’hc enemy was oppoled in a
molt lteady and galiam manner
by the 4.1 b regiment ot the voL
uuteeis of Catalonia. This fa.
nious corps kept up a tremen
dous and inceliant tire Dy plat
oons, 6i tor a conliderable time
kept in check a torce upwards!
ol lour tunes us own number.!
1
; Two battalions of marines, and Never did the raoft veteran
1 the tiradore i, or sharp (hooters troops, or those mod accuf
of the third or fourth divifior romed to cannon remain more
reinforced the regiment of Cai 001, Heady, and determined J
alonia ; however, being over After an actioh of nearly n j n *
powered by numbers, they were hours mediant hre, ar.d it be.
i obliged to retire on the third di came evident that the enemy
! vision ; this enabled the enemy had rec’vd very great reinforce, 4
jo place a column on the right merit?, and having been enable 1
of the third division, while a*io by the alfifltance of'his cannon
ther colu inn attacked in front, [of which aid this army wasenJ
I The enemy advanced in force tirely deftituiej to push forward
along the road, and attached a (trong atmy agamlt our cenj
the van guaid which defended tre, and having in confequened
J the road and valley leading to occupied the woods flanking
Durango. The enemy was the right of our left pofitionj
inoft gallantly and vigorously it was deemed advifab'e to rej
opposed, and compelled to re* treat.
neat to a considerable distance, Genera! Blake placed himfej
b*y the van guard headed by at the head of the fourth divifioJ
j general Mandizabal. The cne* and part of the reserve, and jJ
my, however, having conlider person (uperintended anddirebtl
ably increaled their numbers ed the covering of the retreat ol
in this point, advanced a second of his army, which was effe&ej
time accommpanied by a howit in order, the enemy not appear!
zerand a four pounder* and ing inclined to molcft ouJ
succeeded in gaining a fufficient movements. By eleven o’clocq
advantage on the road, to ena- on the night of the 30th Octl
hie him to bring his gun to the molt part of the troops arj
bear (within about three quar- rived at Bilboa.
! ters of a gun (hot) on the centre Early in the morning of thJ
and left division. iff, yerterday, general Blakl
Whilst these operations were arrived in this town with the jtH
carrying on against our right division, and loft hot a momenl
and centre, the enemy advan. in proceeding to the greal
ced two Very llrong columns (quart, where he fuperintendel
against the front of our est po- in person, the iflue ’bf bread anl
futon, and at the fame moment spirits to the troops. Nothinl
a very numerous rorp-- "f fharD could exceed ioy at feeinl
j fhoot'rrs [voltigeurs] advanced their general return to 0,. J
under cover of the howitzer and a falfe report having obtained
four pounder, and got poffeh that he had been cut off in covl
fion of a wood, which afeend* ering the retreat,
ed from the road to within mus- No language of mine coufl
ket shot of the right flank of do fufficient justice to the gal
the left pofuion. T his obliged lantry and arder of the office!
gen. Figutoa to throw back and soldiers of this army, in ill
one or two battalions upon his aQion of yerterday, I trufl
right, to oppose the enemy’s however, the statement of fat!
light infaniry. Nothing could which I have given, in a pla!
be more gallant or more order- unvarmfhed manner, will giv|
ly, than the enemy’s of this poll; lome idea of their brave co!
he advanced in the greatelt dud.
military regularity, undei a mod Nothing can exceed the p!
tremondous fire. Thi* gallantry tience, and I may add, the chu!
of the enemy’s attack could only fulnefs of the Spanish soldier!
be equaled by the intrepidity under difficulties and privatio!
of the defence made by the id of all forts,
division. ft is impoflible for Fhc iropreffion left on nfl
me to do justice to the soldier mind from the account of ydfl
like conduct of this divifiion.— terday, is decidedly mod favo||
Attacked on their fide by ave- a^e 10 ihe Spanish soldiers. j
ry superior force, and occa- I’he effect produced on thdH
(ionally fired on by the howit. bosom from yefkrday’s defen!
zer and four pounder, they de- * s a warily and foldier.li!
fended their nod wiihdetermin- pride, ariling from a felf-convi!
ed obtlinaey. They appeared lion of th «‘ r having done th!
relolved not to yield a foot of duty. a
ground. The enemy were e' ■• J
qually ohftinate Sc persevering, . rn\rri?irc<i H
and being enabled by their vc- ; J * j
ry superior number. «, nc.rly H(WU< o/ R efresentlUiveh I
lurround all the hill occupied ' ■
by this gallant divfion, gerrerc January 25.
r iguroa felt himlelf called upon ! m
to order a retreat: which was Qoi*cY-_.,Vr. 5/«rJrr- —rrM
. t perform a great duty. But one impend*
etlfCted with as much oroeras demanded, as I apprehend,by my ftatioo^|
exifling circumliances would b T*js knowledge of which ih»J
®_ - . pofiefiSon. By the second fechon of the■
admit Os. Whlhl the 111 ft dlVl- ‘article of the constitution, thi» Jfoufe hfl
lion was thus engaged, the enc ‘ of impeachment.*’ W
my kept up a heavy .ire ol shot fom, if occafiou call* for it. AndcT^l
and shell. and lome musketry membc f. who ha, reason to believe thfl
rr .. t , t high crime cr mtfdt mcanor haa been eomt^B
[from the woods in our front) ted, ia bound to Bate that opinion
on the centre division and the House . »r.d to mo*e such an erquiry at
_r - r 1 nature of the supposed offence demand*. 1 j
relerve. Ihe guns were sup. Os all the duites of the Executive nil
ported bv two very large CO- oateofthi* nation, that ht relation to-Bf
lumns and a disoobhif filling of important public office. » the n|
iumns,ana a atspotab.c reierve. critical, the noA likely to be abused,
Nothing Could exceed the the one which thi. boufc ought utofi
soldier like (leadinefs with which . watch - “f caule
. ... . , are the avanues rs corrupt influence.
the 4th divishOll and reserve re. J Os all species, perhaps, that ia the raoft (fl
remained on iheir post under | K cr ® u ‘> ififn a<amg»,
... .. ' high cfhcial ftatiun., fubjedt tofuchan^B
this heavy hre J this Courage Will fluence,hy not only the actual perce p tit ny j
not be wondered at when I th g r»~ofit of the place, which ti»cy hoid.y \
by the afTurancc of further iatrapve
mention that the commander in vauccment iu case of continulTffdeiity*
chief himlelf, was at the head of him hoid. rhe diftrtbution of office®
,1 . 1 -r- Under thi* afpetft, fir, Ido not hefiute^B
the cen.se Uivilion, animating declare my opinion, that a high mifdoni^B
the soldiers by his prelence and or ha ‘ h** o committed against thi.
example. When ,he firtt shell |
bur ft, there general Blake re.. ihe ground of lulpicion, or establish the
paired, and placed his ho.le on
the very ipot, dilplayed hts di- y cf&jim cisrty,-u„
vihon into tw o lines, part of the v/ ”*"*"*> 'J WA
. • r 1 rmchiMint, has keem my*v Jtr mere than two
reierve hi cotUdins. dfwiwifr andc^erjwctUjt
His aildrels to the soldiers was *•"*'*'•■ »/«/****«,», <*** j»d> ftb< ® j
i t* , j r 1 * r 1 c***h*nt f after the Fxecht.vt tad full H
hmple, and Ipoke to their fed- ,/
! ings— *• Remember you are «<*/«w./w EMt}ziMrhrt,/#»; #»
opamaids, be firm, foldires.