";:'. PUBLISHED. (weeW)W 1806, . ; . Xb. 480. ' VoitritE'1 hi Striate of the United States." On thi bilt forykrptoUctioh and indmwjici' . "fr tion ef American .'.'lamtn,--' MrVR g HT-Mr President As intro-. V ductory lo the consideration of the merits . of this bill,' T'feel it ray duty to "call the at tention of the Senate, to the present degrad ed state' of impitssed American seamen, thousands of whom hare been pressed on board British ships of war, and compelled by whips and scourges, to work like galley, slaves,' whither they have been forced by the hand lof yioleuce, from, on board our own hips, sailing on the high seas, under the ' flag of the United States carrying the spure productions of the toil pf the, American plan ter and merchant, to .' foreign market, oj returning with, their proceeds. J . , " In doing this, I wish not to enlist, your sympathies, but only to present to you a correct state of the facts oh which this bill : is nredicatedY facts that stand- recorded in the official reports of the Secretary of State -the black catalogue oi impressments,. , I will nest present to your view the mea sures adomeil' by. the legislature and exe- ; Kiitive departments of the government of the United State. Tor their redress. ' , -,. ,. "In the year 1796 Congress by: law, 3 "" Vol. 3221 directed agents to be appointed to '.'rA in f Ipf nt-Rritain. and In stich foreign . norts. as the President miiht direct, vhoie duty it should be, to enquire into the sifualfon of such American citizens, or others, sailing conformabltr to the law of nations, under the been, or should be impressed, by any foreign power, and to endcavtr by all legal means ,to obtain their release ; and to render an ac count of all impresshients ami detentions, to the executive of the United States. " , . . " They also directed the collactors of the evcral nortson nroof beia'cr anade of the citizenshin .oi any sc3m.m, to give him . aer'.ificale thereof, under a hope, that it would ' have been rejected, in foreien ports, and have protected him from impressment. This certificate acquired the name of a pro tection." " They also directed, "That every captain of a vessel in case bf any of the' crew being impressed, shall enter his, protest at the first port he shnll arrive, with the name and re sidence of the person, and transmit imme diately by post a duplicate of such protest, to the nearest agent, minister, or consul re- Sident in such country, and also on his ar rival in America, to the secretary of state." And that every captain on hi arrival at any port of the United States before he Bhall be admitted to en entry of Ijjs vessel, shall be required by the collector to declare on oath, whether any of the crew have been impressed, which he shall take under the -penalty of 100 dollars, and the" collector is , bound to return a list of all impressments, to communicated to htm, to the secretary of stare." In 1 799, the secretary of state Js directed ty law i vel. 503. "To lay before Congress unually, a statement of all impressments I... it,... 1. i .. rv...;..! 1y, and precisely Informed of the stale of our impressed aeanun." . Under thesa le;;idativc provisions and the intervention of our agents appointed fir that . purpose hundreds, of our seamen no doubt have been discharged by the board of admi ralty, while at the same time, and under the aame authority, the impressments kept pace with the discharges, so that instead of re- dressing the wrong, it was only inflicted in routine, thereby adding insult to injury. This !l important subject.fromitscorr.mence ment, has als Wen particularly attended lo. by the executives of the United States. Our ministers at l.ondon, during three successive administrations, have bcrr. specially charged 1 with it, and we have witnessed thetr diplo matic exertions to bring this lawless and cruel practice to an end, but all to no effect. And now we nre informed by the President of the United States in his message of the 17th Ian. last, thjt"On the impressment of our seamen, our remonstrance have never teen intermitted, a hpt eaiMed at ent mo matt, of an MTIncmtiit that might have been tuhmilttd to, but it soon putfi ovai, and the piacticc, though rcUxcd at times in the distant seas, hat been conttantfy pursued . in those in our -neighbourhood." This, Mr. President, is the prwprct pre sented to eur tiew, whereby itouands of our unfortunate seamen, tht hrty and in valuable tlsv of citizen, are continued to . the most intolerable bondare. (by tbe Imp, rious mtndatc of a PrUUh mval cffiCir, vh-isa sordl the supttme law from which there is no appeal,) ml wMch fclocmy pro. yect we are rww ii.formsd. by the lif.hcit inthority, then is not a ark of hope left to nlir;htcn. Sir, I have ImHcd ynu to invrstlrstr thi fil.ject w'r.h the eye of temper, but at the a hie time, Itfu(, that the ratlin's justKc will not be eompromitted, by rtetedvrg the lounds of moderation $ forithas its limits I ami we art InPirmfd hy.iha Jaw of tiativtis tVat. 4Ui3l "1 bathe true and just welfare of the nation is the erand r"'e : Mo deration is always. laudable in itself, but. tho" 1 conductors of nations ought to make use ot It, only so far, as i is consistent with the happiness and safety of their people..",. Un der: thi view of the sul5jectv.can'tvp submit to this state of (hints' f That Is the question I have jpt esumed "not ; and under the pre sumption, I have brought the Subject before the Senate in the shape it is presented in this bill.. Sij", I' wish.it to be recollected that the infant, state of pyr navy suppresses -every nope b,f redress oh the elementof our wrongs and that this is a measure of mcssitj, ni of choicei AVercfOTe i;U'Uit it wilj ,not be thought too nervous, when it is considered, that we Jiavewfi tause of war. l w.;t tiitre- fove, of by pressing mariners on one hand, a Tery use ful body of - men seem to be put under hard pbips inconsistent with Hhe temper, and gc- i'Ji " government, on the - other the uJfsfijy .of thejease setmeth to entitle the tfubiio to.,- the service of this body of men, ?whcnver the safety ot life whole calleth lor ,Vt. . ;I. think that ;the crown has a right to command the service of thcreople. whe e ver. the publiq safety calleth ifor it, ; the same ,t rigfe Jthat .it ,hath ' to require::;tbe PSW fljirf service. ,f Wy mart ) able toubear a,rms.,in cps-of suddtn iavasion or!fomU' dabie.inQrr.e,c'Cinn?;i'he tight in both, ca ses is f6un.tkd .on; ope and(the same princi- I ..plej thjteity cftlief(ise;in nrxetXa lht preservation , of the whole.'A Hut heiadds, :e, now, sir, proceed JOjihc -consideration VojC; h- .ii V Uiil be .asked where ere the merits p' this;bijh , ;. . , J ,( thf?.Aj-wIgd cases'4n.lWhk;h he grontitleth Tbe.first clause, staler, tbat in Ration 'of fp$pipn ?. ft ;freiy coiifesetl' that he the treatv xt amitv.'commeir.e. and iiaV'nra tion, made at Loudon on the lW.NV-171)4, his Britannic majesty had caused the im pressment of our seamen sailing under the flag , of the United States. The treaty 2 vol. L. U. S. 464 secures the inviolability of the citizens and subjects of the respective powers, and wc are informed by the law of nations tVat. 655,. 39. "That r nation acts against the nature Tmd essence of every treaty of peace, riay "against peace itself, by deliberately and wantonly ofl'triding him, with whom pcate has been made, and treat ing him or his subjects, incompatible" with peace, and which he cannot suffer without being wanting to himsrfj "." 1'ut it may be said that this has not "been authorised by the British government. l,et'us'txaiine that fact. It is declared by the law of na tions, Vat. 252 J 73, 74, 76. " That howe ver as it is impossible, for the best regulated elate, vor for the most vigilant and absolute sovereign, to model nt his pleasure,: all the actions of ; his subjects, and ,to conline them on every occasion, to t.te most exact obedi ence, it would he unjust to impute tcthe na tion or to the sovereign, all the fatil's of the citizens, we ouht not to say in general that wp have received an injury from a, nation, because we have received it from ohe of in members." , , . ..... " But if a nation or its leader approves and ratiGes the act committed by a citizen,' it makes the act its own ; th offence wugl t then to be attributed to the nation in the au thor of the true injury, of which the citizen is perhaps only the instrument." 1 ' "If the sovereign ilisavovrs the act he ought to infiict on the offender exemplary punishment." So far I have called in the aid of the law of nut'wms : 1 will now n fer to the. form' of the authority in case of impressment, which is in thrse words, l ost. C. I.. 156. " In pur suance of hi m.tj:sty's order in counril, da ted the 19th day Jan. 7, 1742, We do hereby empower you to impress or ccime to be Im pressed, so ir.pny seamen, fee." and I will refer you to the farts in your own pm?ssioi, that hisl'.ritannic nwjry approves the acti both by cotiiinuirg the iit ')resMu'iits, and by his lately promoting the ftpiain of the Caiobiian fiigrftc (whom he rrrtdUil to ap pease our foiup! tints fn that Lend) to the command of a ship of the lines so that in farm, in law, and in fact his Britannic ma jesty has cktitcd the iu.pie-Mm ntnf our sea men, or he mubt hav punuhed, biul rot promoted so notorious an offender. On this point 1 presume then there ran be no doubt. Mr. Prasidriit-I have thought it neither unprftbuo.e nor irrcicvem to the present sub ject, to examine the rtht of impresMiig Bri tiih subjects. British jurists have more thnn questioned this right, and the Br'nUh Parliament have I presume, deciled tlie ipiestion. - -- - - . Sir l.dw. Coke 2 inst. 47 ay-The king cannot send any mhjrrt against his will out of the reaJni nor even into Ireland, f r then unitr pretence of service he might aend him Into batuihment. II. II. P. C. Notes, 679 In Hales II. P. C. it is declared " repugnant to the liberty of an Knrihman and irreconeilcable to the established nUes of law, that man, without iny ofTtnre by him committed, or any law to authorise it. should be hurried away like a criminal from hia friends and family, and carried by force into a dangerous arrviec That the common law did not admit of such a practice, tmitt have been the opinion 6f the BritWh parlismcnt. who In the time of Charles I. pased a statute 16 C. I.e. 5 "to authorise the lmprement of aollini and learner, for sea aerticr or service be ymt aea.M shieh ain after xnirtdJ,e!n(- of short durajinn. The? might aln he been of the ame opinion In the time of 5 fc 3 Ann,c 19, 3 k Ann c. 11,4 Ann c. 10, S Ann c. 13. C- Ann e. 10 queen Ann, when a numWrof atatutei of a very aWt duration' ps-.ed 'mpitliitnent.in tfn tame terms as the ita'ute of Cl aries above stated. I prc- suttethey wmill never have passed laws to UcaitWW a procecdingtint wn ut;r,. able by the rvmmon law. Judge l"tr, who isqtritcdby Britons as ai authority en iM in shall le ttatnbifd, foa. C. I.. 1 57 J lie st.itrs in the tc f I!roathot, stho wat indicted far the murder cf Ca1-h;n, TLat hath not. met with one in whiislV.ihe leiialitf of pr'cihinj; fbr'tbe w service luitii directly come in question. , I.Ie 'states, ilwt according to his best af)Tehenswnv (haying tho't much upon the subjtot) 'he right ,'t.f .. impressing marinars for the public set vice is a preroga tive inherent' in the crown, grounded vpch the comman 'taw, and recognized . by many actaoi parliament."- SVith' a great 'delertiice to his honor, I y0t2ld a&k Jf any thing can be eyictence of the common lawi but j-.idicial dc fisiflns5n the -point Vhichhe iulmits are p'ot rto befountlf-I will also examine the itatutcs on which he relies as recognizing his right. I would here observe tliat he oldstle soldiar tmd seamen alike bound by fie sartfe law,, and it would Tost. c. 1, 106 item by.A'dm. Seymour's commission, tjiat' lis power extended to impress Ships, captains, Tiasters, pi!otsand seamen, well as all o her persons fit for the service. This was or the sea and foreign service, and did not .pxtend to litnd toldicrs, as till the 21th year pt cnaries 2, an the lands were held by mi litary tenures, whereby the tenants were ob liged to furnish soldiers, and every thing ne cessary for them in war; but by 24" C. .2, 24 C. 2. c. 12 thcsedQures v.'.crc abolished, and I question much Vcthcr the stat. Charles 1, extended to the feudal tennis, who were bound to serve only in Kngtunrl. By a statste of Henry VII. 7. M. 7, c. I it is enacted, tht if any tidier being no captain immediaiily retained with the kin .which shall be in wJigesr-aiKl retained, or Uk any prest to" serve the kirg upon the ea-or upon :n? ioml beyoiHl iia, depart out of the kin j V service without licence from the captain, it "shall he adjudged felony. The s'at. of Henry VI 18. II. 6, c'. 19 agamit insertion was construed to extend to soldiers found by tenure or covenant to serve., on land and a question was na('e whether soldiers who had t; kcn brest torcne against the rebels in Ireland, were liable lo the penalties of that law, which was cleared up in parliament in these words, "that the knid stjt. Hen. VI. in nil pains, forfeitures and penalties did. doth, tmd hereafter sh;dl extend as well to every mariner and gunner having taken, or who t.eteafivr shell take tst or wge, to serve Kr queen's majuty, as it did or doth, to soldiers, any opinion to the contrary notwithstanding." These arc the statute from whence the field is nrc tended to be infentdj which I presume, go in snew tnai me manner kr.ti soldier must be er.liMed Lefote they are liable to the rc nalties of desertion, ami that it is by -contrcit a:uJ not uvcrrf,the soldier becomes bound to serve, and that the l ight is founded in the prostitution ol ti c sound of the void Bur U Cow. Inst. J. I I). r u for the pciuc. which word means "money paid to a soldier or Suilor to enlist nor i it nt nil i,l u.n tierea at, mat a ngnt tounUrrt in rifaiatrv. the tyrant's pita, should rest "On a' pretext o uitmy, .or mat tlie barriers of ctymolory should not be able to withstand, as necessity has no law, ihe physical force of a press CiWg- And although this right of the sea- man to be exempt fiom service luton their enlistment, has been tinder the claim of pte rogalite sulittaotially violated, yet the form ol the commission to impress, retains the evidence of this ioljt..i It i in thete wordit IVt.C.L. 13 c "We do hereby empower and direct jouto impiTss or cause to be impressed 10 msnv sranun, he. giving unto earh man one shilling for frtts morer." tc. Thuj I have shewn, that British sub jectsare not legally JkiiiihI ur.lc s they receive ptttt, or bounty to tnhst. Andloaioid irr joition, it Isprotldcdty atan,te . U 6 V. , "and M. c. Is M!ut noptnon ilnll be e J.steu lor the land service, who did tot in I Tse nee t f a rnn-ivrntf , hiph constsVlc, fcc. d'-'latc his free coustnt to be enlisted ai a aoldier." Can we then mhm'it to the ear rclie of tMa fj jprtrrgctitt tight, to lie inferred rn thoe a.vlir.g under the fijg of the United States without the limits of the l'rnih 1 mpire A prattler, juU:e Bbi'.Lstont informs ns Briiofis I ae Mihtt'tK d to with 'rrat tvluc tar e $ ti.d v.i'.l it not ,t laid U,n vc are tianllpRto outstlifs if we ih tdd not jjuitd our senneti ag!nt this ot;ttat;e hf all the rr.fans In our power But it may hets'.d the Brithh tovtrnrntnt have a right to ti e nr. ticc of her own auhjrtti 1 h&vo aLcn, utt by impressment, and I will now sltew that they have the right of becoming American citizens, and of beinsr protected in that righ: . tTur. Backv. 1 Vol 'p. W6 . " By the law vg- nature, iianis'subje' J.ontv .restramts aid may" pas? into, any1 iMjr.-Vat. 172, eci 225. By the law of nations everjr subject r has a right to xj!utrite hhnse4r$d $eek hi - fortune where hencaoijest proniote his inter est.- 4, Blac,'VCn .6S..F.vfi5l. And by tlie coynnvoft'lw every Englishman niBVigooutof the Realrftwithout the King a . leave ,lbr any cattse he pleaaeth. s sAnd j.o far has Bntam recognised thi right In others, by parliament thavbv. the navrgauonv net, one Ibut'ih of every ship Vcrew may beforcigm. ersi6 Ami; c. $7. lty the statute ti Ann, threeiouvtiis may be foretgnsrs, und by the. statute ol deo. 1 li 13 (jco. 2, c. S.J it-is proviuect that any ioreigiicr stvving oa - ' board of any merchant ship or ship of war. lor two years in time of war, shall ipso lac tb become 'a British subject entitled to all the privileges of a native, born subject."; . Thus we see 'Britain invHca: foreigners in. to her service,-ancl secv.rcs them 111 fill tbq privileges oi her native subject among which, protection, is the ;mot important. ' - Can it be then that Britain w ill exercise a right thatia . iwjt legitimate ? Or cjoim for herself what she will deny to others f If hot, then she admits the right of expatriation, which is e stablished by the law of nature, of nations, and ihe common law, and tested by the au . thorny of the British Parliament. Can we then feel ourselves at a loss tor an authority to protect those who sail under the flag of tlip Tltt'it! Stfala 1 u'twr kf.. Ilritnin rifif cniy inviting tojeigners into tier sentee, nut securing them protection by the solrv.ii'.j of a . statute? Can we then, .1 stiy, wsnt mithoti- ' ty or zeal, to protect our citizens in their. rights secured to them by the solemnity ofa- i.unJinuif(.. wi lier 1 iic iniiiinuj vj UHl uiit. ; Mr. President, permit me here to observe", thut all legitimate governments is derived from the people, and is founded in 'compact only, and intended for the good of the w hole. "that protection and allegiance are recipro cal obligations, each so important, that in. 11 governments, in nil ages they have been secured by the solemnity of tu oath.". 1 ask then, is not the conduct of Britain a violation'ofthe right of our seamen ? Are they not secured in these rights by he Con stitution, and. are we not bound by the most solemn obligation to protect them to the ut most of our power ! By the' law of nation at. 251, sec. I. " VV hosoever uses a rili zun ill indirectly offends the Mate, wl.icli oiir to protest thtir citiwna, and hi. ovf. reign should revenge the injuries, punish the aggressor and if possible obl-ge him to nuke . iniire satisfaction, since otherwise the rniren would not- obtain the grct t'nd of the civil as sociation, w hich W scjtty , 1 cannot then permit mysslf for o moment to mpposie that a right so important, secured, by ties so solemn, and so palpably violated, will not be protected, to the u'nif st of the power of the Congress of the United States by nil the legislative means tkey posesa, con sistcnt with the sound principles of Initia tion, and gofd government. By the constitution, Congress are todcf.no nndpniiWh piracy : in detlning piracy, 1 wish them not to exercise a wild both gal dmre- liVn, which is itself defined," " to discern by law what is just," I will therefore call their attention to the subject, as it has bet n consi dered by the law of nations the common and statute law of Great-Britain. By the law " of nations, Mol. d. j. m.57. " the att:irk ing a ship at sea and taking away some of the men to make them slaves is piracy." By the common law, f4. Blnc. Com.TJ . . 5. Instr-109 piracy consists in cemmittitif; lljoe act of robbery and de predj'ion upon the high seas which if committed upon Lnd would he felony. 4 Bl. C. c. 71. F.very corfntmtfr have a r'ght to inflict that putiisl.ment t x ti a pirate by the rules cf self defence, which an iodivi dual would in a state of nature have been 0 therwise entitled to, frraiiy invasion if hi per son or propetty. BjMhe statute of I.hra-. beth, 41 r.liiu it i enacted that whoever, shall hereafter without Lvjvl authority take any of her Majrsty'a anhjetts agninst ihtir will and detain i tm fWiA .rr, or to make a pray or apod of his person or goods vpon deadly feud, crtthenriie, should te adjudg. ed and taken to le a felon, and should lutTrr the pairs of death without tent fit cf the tier Z7' This atata'e wet predicated vpen a sf te of thlngi in that country, txt more jointers. btethan theprrscnt atue of Amerimn sei mrnt nor can it he rons'ideir d at anintot rcet eaere ie cf the diere tW n of Coffrest In defining piracy, lo deflate iheimpttumttt cf our ieartin, nnd fonignirg then to so abjett a lavety as iliey are subject to on hoard Britiah shipi of ar, pimry .wlun l y tl e law f f titi'i., I.y li e comro' ti U, r! ty the it.stute of t.l:;Uth we discover r. ivel perfectly Juiifd in so dntntr. And 1 tru ire can never $ ndourvr l?a dio. acd to protect ear tiumi, ihsn flntuln hit been t pmtett httvjtcit, nor of dfrfatim that act fnvey rommi'.trd on the ie ttu that Britain cutsiJcrt ar. 7 sf dtttk ewe m I- v .'Mi

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