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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.