|
¦HI I til,. ¦)l.lllll :
£"ss of the United States.
E OF REPRESENTATIVES.
"Wednesday, February 18.
„ fH ^^ _-^ for the FEDERAL GAgETTE/j
TS^uly, from, the committee of com-
» rid manufactures, made a report,
g-x striding, that the furtfaerrooflsidesati-
x-esolution, directing them to inquire
ie expediency of providing by law
f^if owners or vessels are answerable
^. actions of masters and mariners, be
rC, iied indefinitely ;,in which the bouse
^ joint resolution/diree chart
3 Ltrsey of the coasts of North-Caro-
-j-^-, fc>e published,..was read a third time
3-ASsed.
,yT~^-_ X? . T\, Williams moved, that tine house
"""_-»- tlicir amendment to the slave bill,
, .___.1-, Inid been disarrred to by the senate—
.lost.--------ayes".
_«- x-_ G rega; moved; that the house recede
fiorxr» t"Jie-i" amendment.
»,-g j-_ ^JJiandoJjh hoppd the house * would not
„ ^ ¦=» From their amendment. When (he
rec c^ -* * ^^
. ^r-d ~> cKd congress acquire the right of pre-
-^i-Li e; a nun from, tgoirfg with his slave
„ ___-• one state to another ? If an attempt
1 j|f3 fcH3 made to exercise such a power, it
-~"u-"l Ijrinff the law into disgrace and clis-
You undertake to say, that altho
, 1s»-nvS of South-Carolina do not prevent
_^ ari from Virginia from bringing his slave
t . tliat state, you will do it. If this prin-
y-^e, sl-iould be adopted, he would himself
-j->^ e case ; he would go to the expend?
Cc.ir-ry ing his slave into that state. You
^-j -]_-\ xavti (observed he) only to go one step
, .-fixer : you have so far trenched upon the
:«-t»t of* the slave holder ; you wiH then on-
a
ii
cip
try
of
-ve to sa3', that the slave bolder himself
"«--^^.ll not travel: either by land ov water. If
. p «5veral states thought proper to permit
, e f\ee ingress and egress of persons, con-
. ess ^rie contended) bad no right to pre-
terit it- lie therefore called for.the ayes
aI1.d noes on the motion.
jVT-v". IVTarion hoped the house would insist
pQi! tlieir ami ndment. There were many
;s1ai*<3s J n S. Carolina, which contained slaves
___-til ci l«i ws of that state required that when
slaves -were seized lor debt, they should be,
c£*rr^ ^ to'the court-house—of course, such
slaves ¦would have to be transported to the
_,ajt-i. ; cind this could not be done in vessels
£¦ rpore than CO tons, as required by the
• „u- -vvitliout the amendment,
jylv. J. Clay said that the senate had cer-
<*--iin,i"y not considered the operation of this
seCti-on ; for under it a man could not even
rl-y liis slave from Maryland to Virginia in
^¦-rry-ooat, or even send him in a canoe.
-«e also contended, that congress had no
_jOWer to prevent a man from carrying his
»ropfrt"»' from one state to another ; that
cvv-er belonged only to the several states.
-VWiat right had congress (lie asked) to for-
tid a man on the Eastern-Shoic of Maryland'
*o send his slave to Baltimore in a'packet,
-vs.it ri intent to sill him? They might as
¦vvell prevent him from sending Ids tobacco.
Tyli-. Alston and Mr. Early also spoke a-
o-i'pist %-eceding from the amendment.
•X"lie bouse then reconsidered their vote to
insist on their amendment, and agreed una-
¦niiittnsljt to insist upon it.
j\. committee of live members was appoint-..
«d to confer with the senate.
fVIr. "Marion, from the committee to whom
H?ms referred the memorial of the mer-
chants of Charleston, complaining of French
gaolvHtionSf made an unfavorable report
¦tliereon, which was referred to a committee
of the -whole on Friday.
Mr. Holmes, Prom the committee erf claims,
presented a " bill to authorise the settle-.
of" accounts between the United States and
VVrm.. J2aton," which was referred to Jcom-
jysittee of the whole to-morrow.
The house proceeded to consider the mo-
tion made yesterday by Mr. Broom, to re-
fer his resolution to a commmittee of the
•whole.
Mr. Elliot spoke in favor of the object of
tlie resolution. He contended, that the li-
berties of the citvsen, sectored by the con-
stitution, had been grossly violated by a mi-
litary commander, lie cautioned gentlemen
-riot to be too hasty in their.commendations
,of gen.'•Wilkinson, before they had receiv-
ed Sufficient information to enable them to
judge of the propriety of his conduct. But
it seems, (said Mr. Elliot) that there is a
snake in the grass-—that the friends of this
nieasyre are opposed to the administration.
\Ve liave heard so much of the wisdom and
virtue of the present administration, that I,
for one, am unwilling to hear more en that
subject. I am willing to allow it due credit ;
but I cannot ascribe to it that perfectabilily
which seems now to be the criterion of true
republicanism. It may be dangerous to be a
jceptic ; but on this subject I am somewhat
inclined to be sceptical; nor do I believe
that the present administration possesses per-
fect wisdom') or approaches very near to ic.
Mr. Randolph also spoke in favor of the
resolution, in substance, as follows :--l un-
derstand, Mr. Speaker, that the object of
this .notion is to secure more effectually to
ii." citizert.the writ of habeas cut pus. How
long it has been the fashion to debate the
niaiu q.wstion, on is mottpfl to refev ¦
i .commitlcejof the whole,?I dc, not'now re-
i collect ; but I believe it commenced with
I the present session.of congress. If the ob-
ject of the gentleman from Delaware, how-
I ever, was to obtain a discussion, I presume
the. object has been answered. ;I should
have preferred that the motion had been
committed to a select committee, in order
.to report the necessary provision ; for I am
' afraid if it get's into a committee of the
whole, it will never get out of it. I there.
I fore hope the gentleman from Delaware will
; give it that direction. As the subject has
been discussed, I Sha'H give my reasons for
j giving my support to the resolution, as well
as to every other resolution of a similar na-
ture, from whomsoever they may come.
The first objection, it seems, is, the quar-
ter.-from whence this resolution comes. Per-
rriittne to remind tbosewho may urge this ob-
jection, that whenever persoss invested with
high authority, whose political existence de-
pends upon the people, quit the popular
ground, the trial by jury, and the subordi-
nation of the military to the civil authority,
they have no right to blame ..their adversa-
ries for taking that position which they had
abandoned, unless they supposed their ad-
versaries had gained nothing by experience.
Another objection had been urged byr a
gentleman from Georgia, to wit, that the re-
solution was iiiiiimccl : why, sir, this-is no
new discovery ; the question of a parliamen-
tary reform has been agitated .in England
for 30 years, and yet a convenient time for
tarrying it into effect had never yet been
. discovered. [Mr. Early explained ; he said
that he tiiought the resolution ill-timed, on
account of the shortness of the session.]—
Mr. speaker, said Mr. H. I understood the
gentleman, perfectly, but I am sorry he has
interrupted me ; I understood him in two
senses: that the resolution was ill-timed)
first, on account of the shortness of the ses-
sion, and secondly, because this question was
now sub judice. I also understood a gentle-
man, (for to avoid interruption I shall not
refer to any person in particular) as saying,
that we had received no official information
on the subject : sir, it appears from the
president's message, that the constitution
has been violated ! Atydis it not our busi-
ness to act ? It is. Shall we spend our time
upon petitions and reports, and leave the
constitution to take care of itself ? Can we
calmly look on a violation of the constituti-
on without a dereliction:from our oaths ? —
We do not propose to make a legal provisi-
on with a retroactive effect : I hope not. I •
trust in God, that whenever we step for-
ward to secure the rights of the citizens,- we
shall insert no exfiast facto provision, and
thus endeavor to cover, under the broad
mantle of legislative authority, as daring a
violation of the constitution as was ever
proposed. The-commander in chief had as
good a right to try these men by a military ¦
commission, and have them shot-, as he had
to violate the constitution as he has done.
But it is said that this discussion might,
bias the opinion of the . court : I will ask
those who cannot legislate upon their own
knowledge, what "official information" they
have that any trisl is now depending ? A-
way with such paltry excuses ; I wish not
to take shelter under this miserable quibble.
If, however, wft-cannot act upon this sub-
ject because it is subjiulice, it may be post-
poned ad infbiitum ; for a commander in
chief will have.nothing to do .but to violate
the constitution at the commencement of e-
very session, and we shall be effectually pre-
cluded from acting upon the subjeot of the
•habeas corpus. The Romans had no law for
the punishment of parricide, because they
considered the crime too infamous ..ever to
be perpetrated. The Romans, as our sena-
tors did, overratedhuman nature : It was a
base and detestable thing unless kept within
proper bounds.
The merits and demerits of the command-
er at N. Orleans have been brought upon
this floor ; and hints have been thrown out,
in orders I suppose, to feel the public pulse,
that he ought to be indemnified for any da-
mages to which he may be liable, in conse-
quence of having contravened the law. On
this subject I will observe, that bills of in-
demnity are unknown to our constitution :
but supposing that they were, if ever the
time should arrive, when tire representatives
of the freemen of the U. States, would re-
eompence a man from the public treasury,
for a violation of the constitution, we should
become fit for .any go.yernrnent, whether mi-
litary, savage, or 'barbarous, that could be
'•"nosed upon us. When the sweat &blood
.he people is to be appropriated to reward
Uieir minions, for a violation of the constitu-
tion, then indeed, the constitution musthave
arrived at its last .crisis.
. But it is said, that cases may arise, in
which it might be the duty of a military of-
ficer to violate tire constitution. This is a
detestable doctrine. Have we then come to
that? Have youthen sir, a constitution, in-
tended like the laws of the Medes & Persi-
ans, to continue forever, which all are bound
to obey, and yet cases may occur in which
it ought to be violated ? If so, the constitu-
tion ought to run thus i " The right of ha-
beas corpus shall not be violated, except in
cases of rebellion or invasion," or mitten the
commander in chief shall think it necessary !
Mr. R. thensrtoke of .the danger that was
to be apprehended from such conduct—of
the necessity of making a penal statute to
insure the-privilege of the writ of habeas cor-
" pus-of the'illegalit/of sendingpersCriS from
N. Orleans to '¦<' this blot on our rhap, this
non-descript territory,",to,be tried ; &¦ con-
tended' that general Wilkinson had as much
right to send them to the mouth of Colum-
bia river, or to Nootka-Sound. He then
concluded as follows :
, -From the beginning, of this business, Mr.
Speaker,-I was of opinion that there were
more rogues than one concerned ; and I ber
lieve that tinie will fully develope the truth
of this opinion. 5"he fashion of extolling a
. man to the clouds, ought to be exploded ; if
a man violate the rights Of a citizen, I say
punish him ; there is nothing in the consti-
l tutionto provide for Iris, remuneration. If
I Franklin, Washington, or Jefferson, were
! to do it, I -would.say pimish. him. He then
| adverted to a bill of indemnity which had
, been refused to two popular characters in
i England, lord Chatham and lord Mrmstield;
| and concluded by declaring that the subject
demanded legislative interference. '
Mr. Broom then varied his motion, and
moved that the resolution be referred to a
select committee, and called-for the ayes and
noes on the motion.
¦Messrs. Sloan, G. W. Campbell, Holland
and Alston, spoke against the object of the
resoln-tion, and Mr. Randolph again in favor
of it ;but before the ..question was taken, an
adjournment was called for, which prevail-
ed.
Thursday, Fcbrttmy ID.
Mr. J. Clay, from the committee, appoint-
ed on the subject, presented " a bill to ex
plain the act entitled an act fixing the rank
and pay of the commanding officer of the
marine corps," which was referred to . a
committee of the whole to-morrow.
Mr, Mac Creery presented a petition from
sundry inhabitants of the city of Baltimore?
praying that the present post-route from
Baltimore to Chambersburg may not be dis-
continued, which was referred to the com-
mittee of the whole to whom was referred
the bill laid on the table a few days ago, to
alter and establish certain post-roads.
Mr. J. Clay submitted a long resolution
to be added to the standing rules of the
house, the object of which is to prescribe
the order in which the business of the
house shall. be tsken up. Ordered to lie on
the table.
Mr. J. Clay, from the select committee,
to whom had been referred the bill from the
senate, respecting the mint and coins of the
United States, reported their-agreement to
the bill, with the addition of a' new section,
(declaring that the mint establishment "hall
be perpetual,). Referred to a'Committee of
the whole to-morrow.
The house then proceeded to consider the
resolution offered by Mr. Broom (directing
the appointment of a committee to inquire
into the expediency of securing »»ore ef-
fectually the privilege of the writ of habeas
corpus).
Mr. Burwell offered an amendment to the
resolution (to define the power of the su-
preme court of the United States, ig issuing
the writ of habeas corpus) which was agreed j
to.
Considerable debate then.arose on agree-
ing to the resolution. It was supported by
Messrs. Elliot, .Quincey, Kelly, Randolph
and others, and opposed by Messrs. Sidwell,
Sloan, Elmer, Eppes and others.
Mr. Gregg moved, that the further consi-
deration of the resolution be postponed.J«-
definitely. This motion also caused a debate
of some length—when, at about 5 o'clock,
the question was taken, by ayes and noes,
and flie resolution ivaspostponed indefinitely
—ayes 60, noes 58.
A message was received from the presi-
dent, as published yesterday. Adjourned.
Friday, February 20.
The house of representatives v-ere this
day almost entirely taken up in discussions
on business of a private nature, and on the
resolution yesterday' offered by Mr. J. Clay*
the object of which appears to be to prevent
the confusion which scrnetimes 'prevails in
the house, on account of the numerous calls
for particular orders of the day.
Mr. Newton, from the committee ap-
pointed on the subject, presented a bill res-
pecting the naval peace establishment, au-
thorizing the president to employ an additi-
onal number of seamen for the public service
whenever he shall think it necessary. Re-
ferred.to committee of the whole to-morrow.
The bill fro.m the senate, for the punish-
ment of frauds committed on the bank of the
U. S. was read a 3d time and passed with
amendments.
In the debate yesterday, on Mr. Broom's
resolution, Mr. Randolph again made some
very severe remarks on the conduct of gen.
Wilkinson. He said that -it was peculiarly
unfortunate that the people of I,ouisiana,
who had been induced to expect the bles-
sings of liberty, should have been the first to
witness such military despotism, as had been
lately, committed in that territory—and in-
sisted that it made not a penny-worth of dif-
ference, whether the constitution were vio-
lated by Burr & Co. with a band of adven-
turers, or by the comisander in chief, with a
regular army. ¦
Adjourned.
-POS^N, Nov. 2;.
The invincible Napoleon has said to the
deputies sent to him at Berlin, that as soon
as he sees 30 or 40,020 Polish national
guards under arms, he will declare that the
nation exists.
A central fund exists at Posen to receive
subscriptions for arming and cloathinjr the
national troops. The same measures are
to be taken at Warsaw, &c.
In a proclamation issued, by gen. Dom-
browsky, the landholders are called upon to
contribute to the value of 10 per cent. In
an apostrophe to the females, the general
calls upon them to sacrifice the last of their
jewels, ornaments, &c. and in lieu of these
to adorn themselves with the laurel of pa-
triotism : " thus" says he, " we shall shew
ourselves worthy the protection of Napoleon
the great."
G?n. Dombrowsky has promised, that
the horses raised in Posen shall be paid for.
" The emperor Napoleon," he says, ," will
soon be here. I shall expect all those Po4es
who .have borne arms before to jpin me.—
That Pole who, through indifference to his
country, or from motives of private inter-
est, shall neglect my admonition, will be
deemed an unworthy son of his country,
and made to pay either in his property or
person. But in the mean while I anticipate
the formation of a numerous body of patri-
ots."
LETTER.
From Gen. Kosciuszho to the Poles.
Brave countrymen !-—At the sound of
arms, which once more resounds in Poland,
Kosciuszko flies into the midst of you ; it
is no longer barbarians in search of plun-
der, who advance into our plains ; it is
no longer those ferocious men who come to
divide our fields, and to insult our weak-
ness, after having fattened themselves on
our iriisfortunes and our blood. By their
valor, by their trinmphs, by the.thundering
eagle which soars before them, you will
know the unconquerable legions which have
illustrated the four quarters of the globe, by
their victories ; who have, in one campaign
annihilated the united powers of two vast
empires : and who have, in .one week crum-
bled into dust a throne raised by an age of
successes, the work of Frederick and of all
his old generals.
Thus has the destiny of Napoleon decreed,
who destroys and makes kings ; who falls
with the rapidity of lightening on his ene-
mies, and wdio knows how, by the force
of his arms and the conception of his
genius to raise up nations, bowed down
under the yoke of a frightful policy.
Polanders, thousands among you have
followed the first generals in Europe in.the
defiles of Italy. Your battallions have ral-
lied with the army of the brave—Napoleon
comes among you ; he brings into the bosom
of Poland those Frenchmen, emong whom
you have found a second country, who hav-
ing collected the wrecks of us in their camps ;
who treating us as brothers., have conceal-
ed onr misfortunes under their laurels ; these
generous Frenchmen, in the.midst of whom
Koskiusco h is ceased to believe himself pro-
scribed, before whom he has at last been
able to raise up with a sentiment-of ooaliti-
on, perhaps of pride, his vanquished but
not dishonored head ; and amongst whom
he has been permitted to entertain the love
of his country and the hope of its Future
liberty.
Dear countrymen, all you who, banished
from your paternal-soil have remained Pol-
anders in a foreign land, and you on the
contrary, who having become strangers in
the bosom of Poland, have remained faith-
ful to your brothers and the country, rise
up, it is time, the grand nation is before
you ; Napoleon regards you and Koscius-
ko calls you.
See Europe shaken to her ancient foun-
dation, hastening at the voice of genius
to reconstruct the social edifice, and to im-
mortalise the ninteenth century, by new
creations and new titles to glory. See how
the yoke of the tyrant of the seas, of the
enemy of the repose of Europe is breaking
to pieces on every coast ; every where the
people raise up, sheltered by monarchies
constituted by the laws ; every where the
oppressed nations march towards their inde-
pendence.
Polanders, what is yet wanting to inspire
you and bring you to yourselves ? Without
doubt youarethe children of those heroes who
savedEurope from the yoke of thirMusselmen
your hearts shall burn with the fire which—
filled with esteem and fright even your ene-
mies' conquerors. Because they have di-
vided you, you should be more united by
blood, by language, by misfortune, and by
every thing which is most dear and most
sacred amongst men.
If Poland has been effaced from the po-
litical chart, she exists still entire in the
hearts of her children. If abandoned by-
France, and having only for our support
the justice of our cause and our valor, we
were able to balance fortune between us
and three empires Who united themselves to
oppress us; what triumph shall appear doubt-
ful, when the conqueror of the triple alli-
ance has freed your frontiers, when the man
of destiny has cast his views on you—do
you not feel in his presence your blood
quicken in your veins ? Do you not now
see the shades of so many heroes who have
died fighting for you, press around him and
implore vengeance ? Hear their groans, hear
the voice of the country, who demands from
.us its glory and independence.
Polanders, escape by a miracle from the
sword of your assassins, from the chains of
your tyrants. I hfeve coveted you, I have'
brought with rne the last sighs of a dying
country, full of confidence, this day I will
make her last wishes resound amongst you
-™»l'go to see that paternal land which my
.arm has defended, which my blood has red-
dened, and which I will cow;'-' on setffng it
with tears and kjsres. UnfortuT-te friends
whom 1 have not been able to follow to the
tomb, d?ar and brave corn patriots whom I
have been constrained to leave under the
yoke of our usui per, I have only lived with
the hope of avenging you—I return to brwk
your fetters.
Sacred remains of my country, 1 sair.te
you with an holy enthusiasm. 1 unite my-
self to you never to be separated. Worthy
of the grand man whose arm is raised for
us. Worthy Poianders, who hear my voice,
I will aid to raise up my country, and fix
her future prosperity on a stable basis, was
the name of country no more to my compa-
triots than a word without meaning, then
would I escape from my misfortunes and the
common shame, and bury myself, under the
noble wreck of Poland. ,
But no ! days glorious to Poland are
about to appear ; fortune has not coiunic..:.!.
Napoleon and his invincibles on the borders
of the Vistula to leave there no traces. We
are under the K.?\s of a monarch who com-'
bats difficulties with prodigies. The recsta-
btishment of Poland is an event two glori-
ous for the eternal master of all things not
o -
to have reserved it for him.
KOSCIUSKO.
GRAND ARMY.
THIRTY-SIXTH BULLETIN.
Posen, December 1.
The head-quarters of the duke of Berg
were on the 27th at Lowiey.
General Benigsen, commander of the
Russian.army, hoping to prevent the French
from entering Warsaw, had sent an ad-
vanced guard to line the river Bsura. The .
advanced posts met on the 26th ; the Rus-
sians were overthrown. Gen. Beaumont
croosed the Bsura at Lowiey, repaired the
bridge, killed or wounded several Russian
hussars, made many Cossacks prisoners,
and pursued them as far as Blonic.
The 27tii some cuts of swords were-gi-
ven between the grand guards of cavalry ;
the Russians.were pursued ; a few oi them
were taken prisoners.
The 28th, at" night-fall, the grand duke
of Berg, with his cavalry entered Warsaw.
The corps of marshal Davoust entered it oil
the 29th. The Russians had crossed the
' Vistula and burnt the bridge. It is difficult
to describe the enthusiasm of the Pedes.
Our entry into that great city was a triumph ;
and the sentiments which the Poles of all
classes" show since our arrival, cannot be
expressed.
The love of their country and the nation-
al sentiment is not only preserved entire in
the hearts of the people, but has been in-
vigorated by misfortune ; their first passion,
their first .wish is to become a nation. The
most weajfhey quit, their country, seats to -;
come and ask for the reestablishment of the
nation, and offer their children, their for-
tune and their influence. This spectacle is
truly affecting. They haye already every
where resumed their ancient dress and theic
ancient habits.
Will the throne of Poland be re-estab-
lished, and will this great nation* resume its
existence and independence ? From the
bottom of the tomb will it return to life ?
God alone, who holds in his hands the
combinations of all events, is the arbiter of
this grand political problem ; but certainly
there never was an event more memorable,
more worthy of interest; and from a cor-
respondence of sentiments which does ho-
ner to the French, some stragglers, who
had committed e;ccessc; in other countries,
were affected at the good reception given
by the people, and needed no effort to be-
have themselves well.
Our soldiers think that the solitudes of
Poland contrast with the striding countries
of France j.but they immediately add : The
Poles are good people. These people show
themselves indeed under interesting colors.
PROCLAMATION.
At the Imperial Head-quarters, at Posen,
December 2.
" Soldiers,
" It is to-day a year since you were, at
this very hour, upon the memorable field
of Austerlitz. The Russian battalions,
frightened, fled in disorder, or, surrounded,,
gave up their arms to their vanquishers.
The next day they uttered words of peace t
but they were deceitful. Hardly had they
escaped by the effect of a generosity perhaps
conderanable, from the disasters of the third
coalition, when they plotted a fourth. But
the ally upon whose tactics they founded
their principal hopes, is already no longer
in being. His strong places, his capitals,
his magazines,-,his .arsenals, 280 stand of
colors, 700 field pieces, five great fortresses' *
are in our power. The Oder, the WTartha,
the deserts of Poland, the bad weather of
the season, were unable to slop you for a
moment. You have braved every thing,
surmounted every thing ; all has fled at your
approach.
" It was in vain that the Russians wish"
eel to defend the capital of that ancient and
illustrious Poland ; the French Eagle hovers
over the Vistula. The brave and unfortu-
nate Poles, upon seeing you, think they be-
hold the legions of Sobieski returning fronx
their memorable expedition.
" Soldiers, we will not lay down our arms
till a general peace has strengthened and se-
cured the power of our allies, and restored
to our commerce its liberty and, itif colonies.,
We have conquered upon the Elbe and the
Oder, Pondicherry, our establishments irs
India, the Cape of Good-Hope, and the
Spanish colonies. Who could give' (he
Russians the right of hoping to balance tl
destinies ? Who should give them the right
of overturning such i«t tjfsjgj>4 : f\re .'¦¦¦¦ ¦
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