Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress Page: 395
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395
GALES & SEATON'S REGISTER
396
H. ef R. & Sen.]
Suppression of Piracy.
[Jan. 31, & Feb. 1, 1825.
Secretary of the War Department stated, in his report
to the President, that the Creek Indians in Georgia were
desirous to make a cession, if the consent of the whole
nation could be obtained. Mr. F. said his information
on this subject differed from that of the Secretary. The
Creek Indians in Georgia were willing to make a cession
without the consent of the rest of the nation. The Ex-
ecutive doubted the propriety of making such a contract,
because those willing to treat were only a part of the
tribe. It was with a view to obtain the expression of
the opinion of Congress on this point that he had offered
this resolution.
By referring to the statute book, it would be found
that two treaties, in 1816, had been made with portions
of Indian tribes. The treaty of Fort Jackson was in fact
made with a part of the Creek nation. A large portion
of the nation were neither present, or represented, but
were in fact at war with us when the treaty was made.
During the last session of Congress, a treaty was rati-
fied by the Senate with the Florida Indians: it contains
an additional article, made with six chiefs only. Mr. F.
did not doubt that the President might have given, or
might give, the power to Commissioners to treat with a
portion of a nation. That all doubt might be removed,
he proposed a reference to the Committee on Indian Af-
fairs, and could not but hope, as there was now a mean
by which the extinguishment of the Indian title to land
in Georgia could be obtained peaceably, and upon rea-
sonable terms, that Congress would adopt it without
hesitation. He proposed to procure, from the War De-
partment, by a resolution which he should presently
offer, the documents necessary to enable the committee
to act on the subject.
Mr. FORSYTH then offered the following, which lies
one day:
Jlesolvad, That the Secretary of the Department of
>Var be, and he is hereby, directed to lay before the
House a copy of the report of the Commissioners ap-
pointed by the President to treat with the Creek Indians
for the extinguishment of their claim to land lying in
the state of Georgia, of the journals kept by the said
Commissioners, and the correspondence respecting the
causes that have prevented them from effecting the ob-
ject of their appointment; also, a copy of all the letters
written to the Creek Indian Agent on that subject, from
the Department of War.
[This resolution was adopted on the day following.]
IN SENATE—Tuesday, Fjsmiiuahj- 1, 1825.
SUPPRESSION OF PIRACY.
The Senate again proceeded to the consideration of
the bill for the suppression of piracy in the West In-
dies; the motion to strike out the third section, (which
authorizes a blockade of the ports of Cuba,under certain
circumstances,) being still pending.
Mr. HAYNE, of South Carolina, rose, and said, that,
as he could not entirely concur in the views which had
been taken of this subject by either of the gentlemen
who had spoken, he would ask the indulgence of the
Senate in stating the principles on which he nas dispos-
ed to act in the suppression of piracy. When this ques-
tion of blocbadr was first suggested, Mr. H. confessed
that it had excited scruples in his mind, in respect to
the principles which it seemed to involve, and these
scruples had certainly not been diminished by the
learned and ingenious arguments of the gentleman
from Virginia, (Mr. Tazhwku,.) He was constrained to
confess, that the magic wand of that gentleman's elo-
quence, by which he gave, at pleasure, any form or hue
to the subjects which he touched, had exerted its
influence on his mind and his feelings. A more de-
liberate examination of the subject, however, had dis-
pelled the charm, and convinced him that the pro-
posed measure, involved no sacrifice of principle, and
though, without certain modifications, (which Mr. H.
said he would take the liberty of suggesting,) he could
not bring his mind to vote for the clause, yet he should
be influenced in his vote by considerations entirely dif-
ferent from those which had been urged. He had no
scruples whatever on the subject of a blockade of the
ports of Cuba, when the case should occur which should,
in his opinion, make that measure indispensably neces-
sary for the suppression of piracy. He would endeavor,
as briefly as he could, to put the question on what ap>
peared to him to be the true ground; the ground on
which we may not only safely act now, but on which we
might proceed in all our future measures on this subject.
The question is one of such vast importance, involving,
to so large an extent, the property and lives of our fel-
low citizens, and touching so closely the honor of the
country, that it could not command too much of the time
and attention of the Senate, or receive too thorough an
investigation. He should, after the example of the gen-
tleman who had preceded him, consider the whole bill
as open for discussion, and should therefore present his
views of the several measures it proposes, and endeavor
to show their relative importance in the accomplish-
ment of the great object which we all have in view
—the suppression of the atrocious crime of piracy.
Mr. H. said he would begin with the question of block-
ade. The honorable gentleman from Virginia, (Mr.
Tabkweli.,) who had moved to strike out that feature
in the bill, had told us emphatically that it was a mea-
sure of viar,- while his colleague, the Chairman of the
Committee of Foreign Relations, (Mr. Baiuioer,) in-
sists that it is a measure of peace—peaceful in its char-
acter, as well as in its objects. The character of the mea-
sure seems to be the only point in issue, between the-'
friends and opponents of the bill. But, sir, said Mr. H.
I will submit that this is not the true question ; the me-
rits of the particular proposition cannot depend on the
name by which it may be called. If the blockade of the
ports of the Island of Cuba be the only means of afford-
ing to the commerce of the United States that protec-
tion which it has a right to receive at your hands; if the
monstrous and desolating crime of piracy cannot other-
wise be effectually suppressed; then the measure be-
comes just and necessary, and must be resorted to whe-
ther it be a measure of peace or of war. The gentle-
man from Virginia seems to take it for granted that,
when he proves that a blockade is a belligerent mea-
sure, he has proved enough, and that it follows, as a
matter of course, that it is inexpedient and unjust; na)r,
that it will even impair the moral character of the Go-
vernment and the people of the United States.
I am disposed, said Mr. II freely to admit that, ac-
cording to my view of the subject, a blockade is an act
of war. But t feel myself, at the same time, compelled
to dissent from the proposition, laid down with so much
emphasis by the gentleman from Virginia, that " a block-
ade acts not upon the guilty but only on the innocent."
If such was the fact, the right of blockade would never
have been conceded to belligerants, nor would the high
authorities to which the gentleman had appealed, the
learned writers on the law of nations, (whom Mr. H.
admitted to be worthy of the encomiums that had
been bestowed upon them,) have given their sanction
to a practice which did not act upon " the guilty belUge"
rants," but only on " unoffending neutrals." It may
be true, that a state of war acts efficaciously on your own
citizens, by prohibiting all intercourse with the enemy,
under the penalties of treason, and that a blookade of the
ports of that enemy would add no higher sanction to the
prohibition. But how is it with the power whose ports
are blockaded? She carries on trade with all the rest of
the world. The laws of war do not prohibit her inter-
course with neutrals, except in articles contraband of
war. Hut the moment you blockade her ports, you cut
off the whole of her trade. Neutrals, it is true, must
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Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress, book, 1825; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30752/m1/202/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.