was the consequence? The race between penalty and crime was continued, each growing more terrible in the conflict, until the penalty was exhausted, and the fugitive turned upon the breathless pursuer: the Genius of America, wearied, but not daunted by oppression, rose, and with a lion's port, and an eagle's eye, prepared her for that combat, which was to lay despotism in the dust, and sanctify the blessings of independence to a high-minded and a spirited people, that were spread over the interminable domains of the Western world.

I

SEVENTH SECTION.

HISTORY OF THE PASSING TIME.

THE

HE President's Message of the 3d December, 1805,* might reasonably have been expected to produce a strong sensation in the country. It gave to Congress a florid description of injuries and insults, sustained by America, from Great Britain, France and Spain. "Our coasts," says it, "have been infested, "and our harbours watched by private armed vessels, some of them "without commissions, some with illegal commissions, others "with those of legal form, but committing piratical acts, beyond "the authority of their commissions.-They have captured in the very entrance of our harbours, as well as on the high seas, not "only the vessels of our friends, coming to trade with us, but our own also. They have carried them off under pretence of legal "adjudication, but not daring to approach a court of justice, they "have plundered and sunk them by the way, in obscure places, "where no evidence could arise against them, maltreated the "crews and abandoned them in boats, on the open sea, or on desert "shores without food or covering. These enormities appearing "to be unreached by any controul of their Sovereigns, I found it "necessary to equip a force to cruize within our seas, to arrest all "vessels of these descriptions found hovering on our Coasts, with" in the limits of the Gulph Stream, and to bring them in for trial "as pirates."

This part of the Message applied entirely to French, perhaps with some mixture of Spanish armed vessels, which, it is well known and fully attested, had not only taken the trading ships of America and her friends, but had captured them even at the mouths of her harbours, and after maiming and massacring the crews, had carried them off to obscure ports in St. Domingo, and on the Main, where the cargoes were disposed of, and the bottoms were burned.

The second article of the President's complaint alluded to Great Britain. "The same system of hovering on our coasts and har"bours, under colour of seeking enemies, has been also carried on "by public armed ships, to the great annoyance and oppression of our commerce. New principles too have been interpolated into

* See first volume, no. 11, page 351.

"the Law of Nations, founded neither in justice nor the usage or " acknowledgement of nations; according to these a belligerent "takes to itself a commerce with its own enemy, which it denies "to a neutral, on the ground of its aiding that enemy in war. But 66 reason revolts at such an inconsistency. And the neutral hav"ing equal right with the belligerent to decide the question, the in"terests of our constituents, and the duty of maintaining the author"" ity of reason, the only umpire between just nations, impose on us "the obligation of providing an effectual and determined opposition "to a doctrine so injurious to the rights of peaceable nations."

The third article of complaint made by the Message, entirely applies to Spain. "With Spain (says it) our negociations for the "settlement of differences have not had a satisfactory issue. Spoli❝ations during the former war for which she had formerly acknow"ledged herself responsible, have been refused to be compensated, "but on conditions affecting other claims in no wise connected "with them-yet the same practices are renewed in another war, "and are already of great amount. On the Mobile, our commerce "passing through that river continues to be obstructed by arbitrary "duties, and vexatious searches. Propositions for adjusting ami"cably the boundaries of Louisiana, have not yet been acceded to

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"Inroads have been recently made into the territories of Orleans "and the Missisippi; Our Citizens have been seized, and their "property plundered in the very parts of the former, which had "actually been delivered up by Spain, and this by the regular offi

cers and soldiers of that government. I have therefore found it (( necessary at length to give orders to our troops on that frontier "to be in readiness to protect our citizens, and repel by arms any "similar aggressions in future."

So far the Complaints-Now for the President's Remedy.

*

"The first object is to place our Seaport Towns out of the danger "of insult. Measures have already been taken for furnishing them "with heavy cannon for the service of such Land Batteries as may "make a part of their defence against armed vessels approaching "them." * * * *. Upwards "of three hundred thousand able bodied men, between the ages of "eighteen and twenty-six years, which the last Census shews, we "may count within our limits, will furnish a competent number "for offence and defence, &c. &c."

After this display, from the highest authority, of the manifold wrongs, injúries and insults, heaped by the European nations upon

America. After this specific declaration, of the expediency or rather necessity of resenting and repelling them-after this minute and particular detail of the means of the country to do so, and after this direct suggestion of the manner in which those means should be employed, it was natural to expect that the Congress to whom the very important contents of the Message were communicated, would have raised up one unanimous voice of indignation and vengeance, and jealous of their character as citizens of a Republic, (that form of government, in which energy, courage, patriotism, and justice, are more than in any other supposed to reside) would have directly investigated the subjects referred to them, duly weighed without a tincture of partiality or national animosity, the several offences, and beginning with that nation which had most offended, instructed the Executive to proceed first to preparations for defence, and then to measures for wreaking vengeance on the offenders, and demanding and enforcing reparation. It was natural to expect that, above all things, the infraction upon their territories, and the plundering of the property and seizing of the persons of their fellow-citizens, by the Spanish officers and soldiers, would have awakened them from the timid, trembling slumber in which they had so long profoundly reposed, and induced them to instruct the Executive, not to negociate for the purpose of evading the drawing of the sword, but to draw the sword at once in order to negociate with greater effect, and with better prospects of honourable redress of past wrongs, and security against future encroachments. They had not only an immense mass of injurious facts staring them in the face, but the recommendation of the legal authority, also, for proceeding without delay; at least, to the first object, that is, to place our Sea-port Towns out of the danger of insult.

Reasonable as these expectations seemed to be, there were not wanting many, who boldly maintained that the Message would never be acted upon to the extent of the propositions contained in it; that the President himself was not desirous they should; that the communication he made was intended merely to gain time to solder up the breaches with Spain, and to throw upon Congress the responsibility and the odium of the passive measures he meant to pursue; or at worst, if war should be found unavoidable, to saddle the representatives of the people with all the evils it might occasion and all the miscarriages which might occur-And above all to leave them to the management of their own vengeance; conscious that from the composition of the congress, a majority of which was

partial to France, and abhorrent to Great Britain, the whole of their active indignation would be directed against the latter; and thereby he himself be released from the necessity which he saw the nature of the case imposed upon him of engaging war in with Spain, and of course incurring the resentment of France and its formidable ruler.

When congress took up the business they proceeded as has been partly detailed in the last number of the former volume. The encroachments committed by G. Britain seemed to occupy the whole of their resentment, which from long indulged prejudice was exceedingly warm, and was about this time inflamed to prodigious fury by the capture of a variety of vessels at the mouths of their harbours, particularly that of New-York; and even within the limits of their jurisdiction.

The congress,a majority of which were already sufficiently prompt to go to any extremes that would injure Great Britain and serve France, seized with avidity upon these circumstances. The far more gross and palpable injuries and affronts which they knew had been offered by Spain and France were forgotten, or else placed purposely out of sight, and their hatred to England now exhibited itself in a variety of forms, some at once licentious and ludicrous, and others more than enough serious. One member indeed had before propounded a law offering a reward of two hundred dollars on killing any one attempting to press British seamen out of American vessels.

At length a measure was proposed, which seemed a little to assuage the anger of the people. Mr. Gregg, a democratic member, for Pennsylvania, moved for a law to stop the importation of goods, wares, and merchandize, the growth, product or manufacture of Great-Britain.

From the posture of the men's mind and the nature of their feelings,a measure of this delicate,or rather hazardous nature, was little likely to experience the grave and candid consideration in Congress to which it was entitled. One gentleman of the democratic party, more enlightened and less enslaved to vulgar prejudices than the rest, Mr. J. Randolph, thought it worth a careful scrutiny, and found it to be of a nature which startled him. Foreseeing the mischiefs to his country he shook off his party zealory and his national antipathies and prejudices at once, and opposed it with all his might ; developing to view and deprecating the mischievous consequences that must result from its adoption.

In favour of the bill, it was said by Mr. Gregg, the mover, that the irruptions and depredations, committed on the Southern fron