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CHAPTER creasing depredations had strengthened the reasons for XII. its adoption. Nor was the expediency of such a system 1797. to be estimated by the probable issue of the present negotiation, or the likelihood of a temporary peace in Europe. Permanent tranquillity, he held it certain, would not soon be obtained; and in the present confusion of the sense of obligation and the excited violence of passion, no reasonable ground remained on which to raise an expectation that a commerce without protection or defense would not be plundered. "The commerce of the United States," so the speech stated, " is essential, if not to their existence, at least to their comfort, their growth, prosperity, and happiness. The genius, character, and habits of the people are highly commercial; their cities have been formed and exist upon commerce; our agriculture, fisheries, arts, and manufactures are connected with and depend upon it. In short, commerce has made this country what it is, and it can not be destroyed or neglected without involving the people in poverty and distress. Great numbers are directly and solely supported by navigation; the faith of society is pledged for the preservation of the rights of commercial and seafaring no less than of the other citizens. Under this view of our affairs, I should hold myself guilty of a neglect of duty if I forbore to recommend that we should make every exertion to protect our commerce and to place our country in a suitable posture of defense, as the only sure means of preserving both."

Objections, he informed Congress, were still opposed by the Spaniards in Louisiana to the surrender of the posts on the Mississippi and the running of the boundary line; and earnest efforts had been made to shake the attachment of the neighboring Indian tribes, and to entice them into the Spanish interest. The commission under the Spanish

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treaty was in session, as were the three commissions un- CHAPTER der the British treaty, of which the one on spoliations had already made several awards for the benefit of Amer- 1797. ican merchants. Attention was also called to some provision for detecting and preventing the forgery of American papers, a contrivance by which foreign and belligerent vessels sought to avail themselves of the advantages of American neutrality, and which had the evil effect of exposing all American vessels to suspicion and seizure.

A somewhat ambiguous and general answer to the president's message was reported, which passed the House without much of opposition or debate. Lyon again made his motion to be personally excused from waiting on the president; but even his brother Democrats were somewhat piqued at the reflection thus implied on their republicanism or their consistency, and the motion this time was peremptorily voted down by a large majority.

While all were anxiously waiting for further news from France, the earlier part of the session passed off very quietly. For a moment, indeed, this quiet was ruf fled by the presentation of a petition from the yearly Nov. 30. meeting held at Philadelphia of "the people called Quakers," in which they complained of the increase of dissipation and luxury in the United States, and of the countenance and encouragement given to stage-plays, cockfighting, horse-racing, and other vain amusements, notwithstanding the resolutions of the old Congress of 1774 to discourage all such extravagance and dissipation-a solemn covenant with the Almighty, made in the hour of distress, the fulfillment of which he was now calling for by the awful calamity of the yellow fever. This memorial further complained—and, indeed, that was its principal object that certain persons of the African race, to the number of one hundred and thirty-four, set free by

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CHAPTER members of the religious society of Quakers, besides others whose cases were not so particularly known, had been 1797. reduced again into cruel bondage under the authority of an ex post facto law passed for that purpose by the State of North Carolina in 1777 (the same law of which mention is made in the first part of this history), authorizing the seizure and resale as slaves of certain emancipated negroes.

Any action upon this petition was vehemently opposed by Harper, who complained that this was not the first, second, nor third time that the House had been troubled by similar applications, which had a very dangerous tendency. This and every other Legislature ought to set their faces against memorials complaining of what it was utterly impossible to alter.

Thatcher, of Massachusetts, suggested in reply, that where persons considered themselves injured, they would not be likely to leave off petitioning till the House took some action upon their petitions. If the Quakers considered themselves aggrieved, it was their right and their duty to present their memorial, not three, five, or seven times only, but seventy times seven, until they obtained redress. Therefore gentlemen who wished not to be troubled again ought to be in favor of reading and a ref

erence.

Lyon maintained that a grievance was complained of which ought to be remedied, namely, that a certain number of black people who had been set at liberty by their masters were now held in slavery contrary to right; he thought that ought to be inquired into.

Rutledge would not oppose a reference if he were sure the committee would report as strong a censure as the memorial deserved; such a censure as a set of men ought to have who attempt to seduce the servants of gentlemen

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traveling to the seat of government, and who are inces- CHAPTER santly importuning Congress to interfere in a business with which, by the Constitution, they have no concern. 1797. At a time when other communities were witnesses of the most horrid and barbarous scenes, these petitioners were endeavoring to excite a certain class to the commission of like enormities here. Were he sure that this conduct would be reprobated as it deserved, he would cheerfully vote for a reference; but not believing that it would be, he was for laying the memorial on the table or under the table, that the House might have done with the business, not for to-day, but forever.

Gallatin, by whom the memorial had been presented, maintained that it was the practice of the House, whenever a petition was presented, to have it read a first and second time, and then to commit, unless it were expressed in such indecent terms as to induce the House to reject it, or related to a subject upon which it had been recently determined by a large majority not to act. It was not best to decide the matter under the influence of such passion as had been exhibited, and that furnished additional reason for a reference. He also vindicated the character of the Quakers against aspersions in which Rutledge had very freely indulged.

Sewall suggested a third case, applicable, as he thought, to the present memorial, in which petitions might be rejected without a commitment, and that was when they related to matters over which the House had no cognizance, especially if they were of a nature to excite disagreeable sensations in a part of the members possessed of a species of property held under circumstances in themselves sufficiently uncomfortable. The present memorial seemed to relate to topics entirely within the jurisdiction of the states.

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Macon declared that there was not a man in North Carolina who did not wish there were no blacks in the 1797. country. Negro slavery was a misfortune; he considered it a curse; but there was no means of getting rid of it; and thereupon he proceeded to inveigh against the Quakers, whom he accused not only of unconstitutional applications to Congress, but of continually endeavoring to stir up in the Southern States insurrection among the negroes.

Livingston believed these charges thus indiscriminately made to be totally unfounded. There might be individuals such as had been described; but as against the body of the Quakers these charges were false and unjust.

The scruples of the Quakers on the subject of war were relied upon as a help toward blocking the adminis tration and preventing any hostile demonstrations against France a circumstance which may in part explain the zeal of Livingston and others in their behalf.

Parker of Virginia, and Blount of North Carolina, warmly opposed the reference of the memorial. Nicholas felt as much as other Southern gentlemen on this subject, but as he thought the holders of slaves had nothing to fear from inquiry, he was in favor of a reference. So, also, was Smith of Maryland. Finally, after a very warm debate, the reference was carried, and a special committee was appointed, of which Sitgreaves was chairman, Dana, Smith of Maryland, Nicholas, and Schureman of New Jersey, being members. This committee, after hearing the petitioners, subsequently reported leave to withdraw, in which the House concurred, on the ground, as set forth in the report, that the matter complained of was exclusively of judicial cognizance, and that Congress had no authority to interfere.

Another debate involving the subject of slavery oc

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