^>y> ^?^ > J. > ■!> > ■ .^ > • 5r>...j> ■• - ' ^ -3.> 5? S3 IfLIBRARY OF CONGRESS. I A, # || ^d./^. Sri.; I l# .^%^...,U..5?..:. I — ■ — # UNITED STATES OF AMERICA.^ > > '»:3fc > > !>J~3]fc '•& > sofc » > J)'>3M » > i»:sm "l! > >: 2> , «>' ^ >> jjj i)-?^ 3 > ■y^V >» ^ .:> V >i > > ■>■ "^ 111. ^^^^ ^:> --XT ► ■v2>':r:^ ^v 3f> 3 ^ > -=■ 5? >3?&:> ^3 >^ !>> :>• :ia)) ::s> z^ :>^ -^ ^ -3i> ^.^: .>»>'^* T5> '.yj^ :>3^ ^>» ^3D> :> ^> _ ^3 >i> ;,3> >3 >^ :3> >j> 3^ .:x> >r> :>>r2> 33» 2> mm r>;>o>: ' ^-^-J^ >->■> _ ^^TP% ► ';>:S> " ► >3d ► r>>D : ► 323 ► »3) ~ ' ^3Z3B ► ' »i> 2 j5I^B ► »£> ::3 33Z3fc ' ~:>>>3 _z:* »zai ► >-yi> ^U 523 ► 3>) 13 >?3 ^ J»3 13 ► »3> j:» iora ► ^i>r> ;3» >ij>'3s * -■s>>> J^ »3 » :»>> 3* v^r^ w MISSISSIPPI QUESTION. REPORT OF A DEBATE IN THE Senate of the United States, ON THE 23d. 24th, h 25th FEBRUARY, 1803, ON CERTAIN RESOLUTIONS CONCERNING THE VIOLATION OF THE RIGHT OF DEPOSIT IN THE ISLAND OF NEW ORLEANS. By WILLIAM DUANE. ^ COPY-RICHT SECURED ACCORDING TO ACT OF CONGRESS. Philadelphia : PRINTEB BY W. DUANE, 106, HIGH STREET. 1803. \ ^ District of Pennsylvania^ to rvit : BE IT REMEMBERED, That on the first day of Juiie, in the twenty-seventh year of the Inde- pendence of the United States of America, Williann biiane, of the said district, hath deposited in this office the title of a book, ths right whereof he claims as proprietor, m the words following, to wit : " Mississippi Question. Report of a Debate in " the Senate of the United States, on the 23d 24th, " and 25th February, 1803, on certain resolutions " concerning the violation of the right of deposit in " the island of New Orleans. By William Duane." Inconformity to the act of Congress of the United States, intituled • ' An Act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies during the times therein mentioned" — and also an act entitled an act supplementary loan act entitled " An act for the eiKiouragement of learning, by securing the copies of maps, charts and books to the authors and proprietors of such copies diiring the times therein mentioned," and extending the benefits thereof to th^ arts of designing, engraving, and etching historical and other prints." (L. S.) D. CALDWELL, Clerk of the District of Pennsylvania. DEBATE jWi0SiSsippt %xm%ut\tsm. SENATE OF THE UNITED STATES. Monday, February 14th, 1803. 1 HE Senate had been engaged In legislative business for some time.. ..Mr. Ross rose after this business had been conckided, to present certain resolutions for their consider- ation, of which he had given notice on a former day... .and spoke as follows ; Mr. Ross said, that although he came from a part of the country where the late events upon the Mississippi had excited great alarm and solicitude ; he had hitherto forborne the expression of his sentiments, or to bring forward any measure relative to the unjustifiable, oppressive condud o£ the officers of the Spanish government at New Orleans. He had waited thus long in the hope that some person, more likely than himself to conciliate and unite the opinions of a majority of the senate, would have offered efficacious mea- sures for their consideration. But seeing the session now- drawing to a close, without any such proposition, he could not reconcile a longer silence, either to his own sense of pro- priety, or to die duty he owed to his constituents. He would B ( 2 ) not consent to go home without making one effort, however feeble or unsuccessful, to avert the calamity which threat- ened the western countrj'. Present appearances, he con- fessed, but little justified the hope, that any thing he might propose would be adopted ; yet it would at least afford him some consolation hereafter, that he had done his duty when the storm was approaching, by warning those who had power in their hands of the means which ought to be employed to resist it. He was fully aware that the executive of the United States had adled : that he had sent an envoy extraordinary to Europe. This was the peculiar province, and perhaps the duty of the President. He would not say that it was unwise in this state ofouraffairs to prepare for remonstrance and negociation, much less was he then about to propose any measure that would thwart negociation, or embarrass the President. On the other hand, he was convinced that more than negociation was absolutely necessary, that more power and more means ought to be given to the President, in order to render his negociations efficacious. Could the President proceed further, even if he thought more vigorous measures proper and expedient ? Was it in his power to repel and punish the indignity put upon the nation i Could he use the public force to redress our Wrongs ? Certainly not. This must be the a6l of Congress. They are now to judge of ulterior measures. They must give the power, and vote the means to vindicate, in a becoming manner, the wounded honor and the best interests of the cuuutry. Mr. R. said he held in his hands certain resolutions for that purpose, and before he offered them to the senate, he would very fully explain his reasons for bringing them for- ward and pressing them with earnestness, as the best system the United States could now pursue. It was certainly unnecessary to waste the time of that body in stating that we had a solemn explicit treaty with Spain ; that this treaty had been wantonly and unprovokedly violated, not only in what related to the Mississippi, but by the most flagrant, destru6live spoliations of our commerce on every part of the ocean, where Spanish armed vessels met the American flag. These spoliations were of immense magnitude, and demanded the most serious notice of our government. They had been followed by an indignity and a dire6l infraction of our treaty relative to the Mississippi, which bore an aspe6l not to be dissembled or mistaken. ( 3 ) To the free navigation of that river we had an undoubted right from nature, and from the position of our western coun- try. This right, and the right of deposit in the island of New Orleans, had been solemnly acknowleged and fixed by treaty in 1795. That treaty had been in a6lual operation and execution for many years. ...and now without any pre- tence of abuse or violation on our part, the officers of the Spanish government deny the right, refuse the place of deposit, and add the most offensive of all insults, by forbid- ding us from landing on any part of their territory ; — and shutting us out as a common nuisance. By whom has this outrage been offered ? By those who have constant!)' acknowleged our right, and now tell us that they are no longer owners of the country ! They have given it away.. ..and because they have no longer aright themselves, therefore they turn us out, who have an un- doubted right ! Such an insult, such unprovoked' malignity of condu6l, no nation but this would affe6l to mistake. And yet we not only hesitate as to the course which interest and honor call us to pursue, but we bear it with patience, tame- ness, and apparent unconcern. Sir, said Mr. R. whom does this infra6lion of the treaty and the natural rights of this country most intimately affeft ? If the wound infiidled on national honor be not sensibly felt by the whole nation, is there not a large portion of your citi- zens exposed to immediate ruin by a continuance of this state of things ? The calamity lights upon all those who live upon the western waters. More than half a million of your citi- zens are by this cut off from a market. What would be the language, what would be the feelings of gentlemen in this house, were such an indignity offered on the Atlantic coast? "What would they say if die Chesapeake, the Delaware, or the bay of New York were shut up, and all egress prohibited by a foreign power ? And yet none of these waters embrace the interests of so many as the Mississippi. The numbers and the property affe6led by shutting this river, is greater than any thing that could follow by the blockade of a river on the Atlantic coast. Every part of the union was equally entitled to prote6lion, and no good reason could be offered why one part should be less attended to than another. In the last year, goods to more than the value of two millions of dollars, had been carried into the western coun- try. These goods were purchased on credit. The coa- ( 4 ) sumption of that merchandize afforded a revenue to our treasury of more than three himdred thousand dollars. The sale of western public lands was counted upon as producing half a million of dollars annually. Large arrearages of in- ternal taxes were due from that country. The people had just emerged from an Indian war. They had overcome the most frightful obstructions which ever presented them- selves in the settlement of a new country, and although yet in their infancy, we might promise ourselves an honorable and a vigorous manhood, if they were protected, as we had led them to expect.... after a little while their strength and faculty of self preservation would be complete. Certainly they yet needed the kind fostering hand of their parent states. But if that be now withdrawn, where is the revenue on which to calculate ? How can they pay for )^our lands ? HovtT can they discharge the arrearages of taxes ? How can they pay your merchants in Baltimore or Philadelphia ? They cannot go to market.... They have no resources but the produce of their farms. You suffer the Spaniards to lock them up. You tell them that their crops may, nay must rot on their hands, and yet they must pay you their debts and taxes Is this justice ? Will it be submitted to ? These men bought \ our lands in confidence that the Spanish treaty would be maintained.. ..all sales since the date of the treaty.... now you suffer wanton violation of it without making an effort to remove the obstruction, and yet tell them they must pay you ! This crmnot be expected. It would not be the rule between honest individuals, tor the seller of an estate suffering an eviction of the purchaser when he might and couid prevent it, would not be permitted to recover the purchase money. If it comports with your calculation of interest or con- venience, to submit tamely to this outrage, and to witness the ruin of one part of your country for the sake of peace in the residue, surely your ideas of peace will compel you to absolve the western people from all obligation to repay what it would ruin them to advance. Will you prosecute them in your courts ? Will you sell their little all by your public offi- cers ? Will you not be content with the loss of all the lively hopes that they had entertained of gaining anew fortune, and another name in the wild but auspicious new countries of the west? Is it not enough that their day is darkening and closing at noon f Surely it cannot he thought reasonable to ( 5 ) exact an impossibility. It is undeniable that in their ruin, many of your merchants on the Atlantic coast v/ill be inevi- tably inv olved. Great as this evil may. be, (iind certainly it is of immense magnitude,) yet the loss of the affections of a whole people, the destruction of an enterprize of hope, and of industry, through all the western world, is infinitely greater. It may be said that this is an overcharged description of the evil side of our affairs, without offering any remedy. Mr. R. said, that was far from liis intention, and he Vvould now examine that subject, because to his mind the remedy was obvious. The experience of all time has proved that with nations, as well as with individuals, submission to aggression and insult, uniformly invites a repetition and aggravation of the mischief. To repel at the onset is more easy, as well as more honorable to the injured party. Fortunately for this country, there could be no doubt in the present case.. ..our national right had been acknowleged, and solemnly secured by treaty. The treaty had been long in a state of execution. It was violated and denied v/ith- out provocation or apology. The treaty then was no secu- rity. This evident right was one, the security of v,hich ought not to be precarious ; it was indispensible that the enjoyment of it should be placed beyond ail doubt. He declared it therefore to be his firm and mature opinion, that so important a right would never be secure, while the mouth of the Mississippi was exclusively in the hands of tlie Spa^ niards. Caprice and enmity occasion constant interruption. From the very position of our country, from its geographical shape, from motives of complete independence, the command of the navigation of the river ought to be in our hands. We are now wantonly provoked to take it. Hostility in its most offensive shape has been offered by those who disclaim all right to the soil and the sovereigntj^ of that country.. ..an hostility fatal to the happiness of the v/estern world.. ..why not seize then what is so essential to us as a nation ? Why not expel the wrongdoers ? Wrongdoers by their own confession, to whom by a seizure we are doing no injury. Paper contracts or treaties, have proved too feeble. Plant yourselves on the river, fortify the banks, invite those who have an interest at stake to defend it. ...do justice to yourselves when your adversaries deny it.. ..and leave the event to him who controls the fate of nations. ( 6 ) Why submit to a tardy, uncertain negociation, as the only means of regaining what you have lost. ...a negociation with those who have wronged you... .with those who declare they have no right, at the moment they deprive you of yours ? When in possession, j'ou will negociate v/ith more advantage. You will then be in a condition to keep others out. You will be in the actual exercise of jurisdiction over all your claims :...^ Your people wnll have the benefits of a lawful commerce. When your determination is known, you will make an easy and an honorable accommodation with any other claimant. The present possessors have no pretence to complain, for they have no right to the countrv by their own confession. The western people will discover that you are making every effort they could desire for their protection. i hey will ar* dently support you in the contest, if a contest becomes ne- cessar}'. Thei-r all will !>e at stake, and neither their zeal nor their courage need be doubted. Look at the memorial from the legislature of the Mis- sissippi territory, now on your table. ...That speaks a lan- guage and displa} s a spirit not to be mistaken. Their lives and fortunes are pledged to support you. The same may wnth equal truth be asserted of Kentucky, Tennessee, and the western people o-f Virginia and Pennsylvania. Is this a spirit to be repressed or put asleep by negociation ? If you suffer it to be extinguished, can you recal it in the hour of distress when you want it ? After negociation shall have failed, after a powerful, ambitious nation shall have taken possession of the key of your western country, and fortified it. ...after the garrisons are filled by the veterans who have conquered the east, will you have it in your power to awake the generous spirit of that country and dispossess them. No ....Iheir confidence in such rules will be gone. ...They will be disheartened, divided, and will place no further depen- dence upon you. They naust abandon those who lost the precious moment of seizing, and forever securing their sole hope of subsistence and prosperity.... they must then from necessity, make the best bargain they can with the con- querer. Itma37be added, that the possession of the country on the east bank of the Mississippi, will give compactness, and irresistible strength to the United States ; and in all future European wars, we shall be more courted and respected, than we can ever hope to be without it.. ..on that score there- fore, our security will be increased by this measure. ( ^ ) Suppose that this course be not no^\^ pursued. Let me warn gentlemen how they trifle with the feelings, the hopes and the fears of such a body of men, who inhabit the western waters. Let every honorable man put the question to him- self ; how would half a million round him be affected by such a calamity, and no prompt measures taken by the go- vernment to redress it.. ..These men have aVms in their hands ; the same arms with which they proved victorious over their savage neighbors. They have a daring spirit.... they have ample means of subsistence ; and they have men disposed to lead them on to revenge their wrongs. Are you certain that they will wait the end of negociation ? When they hear that nothing has been done for their iinmediate relief, they will probably take their resolution and act. In- deed, from all we have heard, there is great reason to believe that they will, or that they m^' have already taken that re- solution. They know the nature of the obstruction.. ..they know the weakness of the country. They are sure of present suc- cess. ...and they have a bold river to bear them forward to the place of action. They only want a leader to conduct ihem, and it would be strange, if with such means and such a spirit, a leader should not soon present himself. Suppose they do go, and do chase away the present oppressors, and that in the end, they are overpowered and defeated by a stronger foe than the present feeble possessors. They will never return to you, for you cannot protect them. They will make the best compromise they can with the power commanding the mouth of the river, who in effect, has thereby the command of their fortunes. Will such a bargain be of light or trivial moment to the Atlantic states. Bonaparte will then say to you, my French West India colo- nies, and those of my allies, can be supplied from my colony of Louisiana, with flour, pork, beef, lumber, and any other necessary. These articles can be carried by my own ships, navigated by my own sailors. If you, on the Atlantic coast wish to trade with my colonies in those articles, you must pay fifteen or twenty per cent, of an impost. We want r.o further supplies from you, and revenue to France must be the condition of all future intercourse. What will you say to this ? It will be vain to address your western brethi-en, and complain your commerce is ruined, vour revenue dv/in- dles, and your condition is desperate. They will reply that you came not to their assistance in the only moment you ( 8 ) coiilcl have saved them. ...that you balanced bct;vecn nationiU honor and sordid interest, and suffered tliem to be borne down and subdued, at a time when for a trifle you could have secured the Mississippi ; that now their interest must be consulted, and it forbade any assistance to you, when fol- lowing in the same train of ruin which had overwhelmed them. If the evil does not immediately proceed the full length of disunion, vet the strength, the unity of exertion, the union of interest will be gone. "We are no longer one people, and representatives from that part of the country in our public councils, v»ill partake of the spirit and breathe the sentiments of a distinct nation ; they will rob you of your public lands ; they will not submit to taxes ; they will form a girdle round the southern states, which may be denomi- nated a foreign yoke, and render the situation of that coun- try very precai'ious as to its peace and past connexions. In- deed, every aspect of such a state of things is gloomy, and alai-ming to men v/ho take the trouble of reflecting upon it. But sir, said Mr. R. I have heard it suggested that another mode has been contemplated for getting rid of this crisis in our aftairs. If VyC remain perfectly quiet and pas- sive, shew no symptoms of uneasiness or discontent ; if we give no oftence to the new and probable masters of the Mis- sissippi ; ma}' be they will sell ! ! To me it is utterly incre- dible, that such an effect would flow from such a conduct. They might possibly sell if they found us armed ; in posses- sion, and resolved to maintain it. They would see that even conquest would be a hard bargain, of so distant a countrv : our possession would be ev idcnces of a fixed reso- lution. ...But when we have no army, no military preparation, no semblance of resistance, what would induce them to sell ? Sell, sir ! for how much ? Why sir, although there is no in- formation before this house, of an)- terms, yet I have seen it stated in the newspapers, that those v/ho now pretend to claim that country may be persuaded to sell, by giving two million of dollars to certain influential persons about the court Here Mr. Wright, of Maryland, called Mr. Ross to order, and said that he thought it improper to debate upon confidential information which, in his opinion, should be kept secret."* * Resoluiicn of Senate, 22d Dec. 1800. Resolved, That all confi dential communications made by the President of the United States to the ( 9 ) Mr. R. denied that there was any confidential informa- tion in that house. The Vice President said there was no confidential information before the senate, that he recolle6led, and that he perceived nothing improper or out of order in what had been said. Mr. Nicholas said he hoped the galleries would be cleared. It appeared to him that the gentleman was about to discuss points of a confidential nature. Mr. Ross hoped not.. ..and would give his reasons. Mr. Nicholas obje6led, that it would not be in order for the gentleman to give his reasons. Mr. Ross. I will never speak upon this subjecl, sir, with closed doors. The moment you shut your doors I cease.. ..and v.hen they are opened I will proceed. There is nothing of a secret or confidential nature in what I have to say. Mr. Ross concluded by calling for the yeas and nays, upon the question of closing the doors. Mr. Wright read one of the rules of the Senate, to shew that a vote was not necessary for closing the doors, j" Mr. Wells enquired whether it was In order to inter- rupt a gentleman while speaking, and to make a motion, while he was in possession of the floor. The Vice President thought that in such a case, where a senator thought that the subject required secrecy, it might be done. The doors must be closed at the request of any Senator, and afterwards the Senate would determine by vote, whether or not the business should proceed with closed doors. He then ordered the galleries and lobby to be cleared. 1 he doors remained closed for some time, when they were again opened, and the Senate adjourned. Senate, shall be, by the members thereof, kept Inviolably secret ; and that all treaties, which may hereafter be laid before the Senate, shall also be ivcpt secret, until the Senate shall, by their resolution, take oif the injunction of secrecy. ycnirnala of Senate, 1800 — Jefferson's Manuel, sec. 52. t Of right the house ought not to be shut, but to be kept by porters or Serjeants at arms, assigned for that purpose. Mod. Ten. Farl. By the rules of the Senate, on motion made and seconded to shut the doors of the Senate on the discussion of any business, which may in the opinion of the member require secrecy, the President shall direct the gallery to be cleared, and during the discussion of such motion the doors shall remain shut. < Eule 28 — yefferson's Manuel, sec. 18. G ( 10 ) Tuesday, Febriiartj 15. Upon reading the minutes of the preceding day, the following entry was found to have been made by the Secre- tary : ' ?ilr. Ross stated in his place, that he had several reso- ' lutions to submit to the consideration of the Senate, on the * infradlion of the treaty by the government of Spain, in * withholding the right, from the citizens of the United ' States, to deposit their produce in the Spanish territories ; * upon which, while he was proceeding in bOme introductory ' observations.... ' On motion made and seconded, the galleries were * cleared, and the doors were shut.' The above entry on the minutes, Mr. Clinton of New York, moved to strike out, and the motion was carried. After some of the ordinary legislative business of the Senate had been dispatched, IVir. JNicholas moved that the galleries be cleared, and the doors of the Senate were closed till two o'clock. They were then opened, and the Senate adjourned. Wednesday, February 16. At one o'clock the doors of the Senate were opened, and in a few minutes afterwards Mr. Ross rose and said. That two days ago he had the honor of stating some of his opinions to the Senate res- pecting the alarming condition of our affairs upon the Mis- sissippi . — That in a very interesting part of his enquiry he had been called to order : — That the Vice President had expressly determined him to have been in order, and also declartd that there was no confidential inlormation before the Senate relating to the late aggressions upon our rights in the Mississippi :....Yet no;:v^i>.h^Jtan(iing this declaration of the Vice President, as explicit as it was correct, Mr. R. said, the doors v/ere actually closed and all further public discussions at that time prohibited. ...Yesterday the doors were again closed.. ..He said it would be well recollected, that when this extraoi-dinary measure was resorted to, he had given notice that he would not proceed further in the discussion, vhile the doors were shut, and that he would re- sume it whenever they should be opened. From that time to the present he had remained silent, but now, when a ( 11 ) majority of the Senate had resolved that this dis: should be public, he would proceed to finish the i\ discussion pulL^Jiic, ne wouia proceea lo naisii uie re. a irks he had intended to make, and then offer his resolutio.ia. ile could not, however, avoid expressing his acknowlegemeats to the majority of that body, v/ho had decided that this debate should be public, for although some gendemen might be desirous to stifle, and smother in secrecy, an mquiryliie the present, he firmly believed that tiere would aivvays be firmness and independence enough in that house to m^-et in public the investigation of every subject proper lor public deliberation. Mr. R. said he would not return to a repetition of what he had formerly stated, it would be safiicient to mention, that he had urged the importance of our rights in the navi- gation of the iVlississippi founded in nature, and acknow- ledged by compact : This was the great and only highway of commerce from the v.'estern country to the ocean;.... That the Spaniards after a long execution of this treaty, have now flagrantly violated it, and shut us out from all inter- course, and from the right of deposit ;....Tliat they have plundered our citizens upon the ocean ; carried our vessels into their ports and condemned them without the semblance of a trial:.. ..Our seamen have been cast into prison, and our merchants ruined :....rhus assailed upon the ocean, and upon the land by a. long course of oppression and hostility, without provocation and without apology, he knew but one course we could take which promised complete redress of our wrongs : experience had proved, chat compa6l was no secu- rity, tiie Spaniards either cannot or will not observe their treaty, if they are under the dire6lion of a stronger power who will not permit them to adhere to their stipulations, or if they of their own accord inflidl these indignities under a belief that we dare not resent them, it was equally incum- bent upon us to a6l without farther delay. Tiie aggressors are heaping indignity upon you at your own door, at the very borders of your territory, and tell you, at the same time, they have no right to the country from whence they exclude you ....If they acl thus without right, v/hy not enforce yours by taking possession ? Will you submit to be taken by the neck and kicked out without a struggle ? Was there not spirit enough in the country to repel and punish such unheard of insolence ? Is not the magnitude of the interest at stake, such as to warrant the most vigorous and decisive course which cdn express public indignation ? Go then, take th^ ( 12 ) guardianship of your rights upon yourselves, trust it no longer to those who have so grossly abused the power they have had over it.. ..reinstate yourselves in the possession of that which has been wrested iromyou and withheld by faith- less men, Vvho confess themselves no longer the owners of the country over which they are exercising these a6ls of injustice and outrage. Negociation may, perhaps, be wise, but this is the cffe6lual measure to support it ; when it is seea that you have ciflermined to support your just demands with force. ...that you have already taken into your hands an am- ple pledge lor future security and good behaviour, your ambassador will be respedled and attended to. But v^hat weight will his remonstrances have in any country of Eu- rope, when they hear of no military preparations to vindi- cate your pretensions, when they learn that you have been chased out of a possession confessedly your right, that you have been insultingly told, begone, you shall not buy, you shall not sell, you are such a nuisance we will have no inter- course with youl Where is the nation, ancient or modern, that has borne such treatment without resentment or resistance ! Where is the nation that will respe6l another that is passive under such humiliating degradation and disgrace ? Your outlet to iTciarket closed. ...next they will trample you under foot upon your own territory which borders upon theirs I Yet you will not stir, you will not arm a single man; you will negociate ! Negociation alone under such circumstances must be hope- less....No....Go forward, remove the aggressors, clear away the obstructions, restore your possession with your ovv^n hand, and use yoursword if resistance be offered.... Call upon those who ar2 most injured, to redress themselves ; you have only to give the call, you have men enough near to the scene, vidiout sending a man from this side the mountains ; force sufficient, and more than sufficient, for a prompt execution of your orders... .If money be an obje6l ; one half of the money which would be consumed and lost by delay and negociation, would put you in possession. ...Then you may negociate whether )ou shall abandon it and go out again. You may also then negociate as to compensation for the spoliations upon your trade. You will have ample funds in your own hands to pay your merchants, if the Spaniards continue their refusal to pay. You will have lands to give, which they will readily accept and assist in defending. In this way they may all be indemnified ; by negociation there is little hope that they ever will. ( 13 ) It may be s?ad that the executive is pui'sulng another and a very dift'erent course. The executive will certainly pursue the course designated by the legislaturct To the congress has been confided the power of deciding what shall be done in all cases of hostility by foreign powers. There can be no doubt that by the law of nature and nations, we are clearly authorised to employ force for our redress in such a case as this :....That we have a just right to take such mea- sures as will prevent a repetition of the mischief, and afford ample security for the future quiet enjoyment of the violated right. If we leave it entirely to the executive, he can only employ negociation, as being the sole means in his povv^er.... If the right be not abandoned what is to be done ? I know, said Mr. R. that some gendemen think diere is a m-ode of accomplishing our obje6l, of which, by a most extraordinary pi-oceeding, I am forbidden to speak on this occasion, I v/iii not, therefore, touch it....ButI will ask honorable gentlemen, especially those from the western country, what they will say on their return home to a people pressed by the heavy hand of this calamity.... when they enquire. ...What has been done ? What are our hopes ? How long v/ill this obstruelion continue ? You answer.. ..we have provided a remedy, but it is a secret ! We are not allowed to speak of it there, much less here. ...it was only committed to confidential men in whispers, with closed doors : but by and bye, you will see it operate like enchantment.. ..it is sovereign balsam which v/ill heal your wounded honor, it is a potent spell, or a kind of pa- tent medicine which will extinguish and forever put at rest the devouring spirit v/hich has desolated so many nations of Europe. You never can know exa6lly what it is ; nor can we tell you precisely the time it will begin to operate.,., but operate it certainly will, and efFe6lually too ! You will see strange things by and bye. ...wait patiently, and place full faith in us, for we cannot be mistaken. This idle tale may amuse children. But the me^i of that country will not be satisfied. They will tell you that they expelled better things of you, that their confidence has been misplaced, and will not wait the operation of your newly invented drugs j thej^ will go and redress themselves. I say also, let us go and redress ourselves ; you will have the whole nation v/ith you. On no question since the de- claration of independence, has the nation been so imanimous as upon this. We have at different times suffered great in- dignity and outrages from different European powers ; but none so palpable, so inexcusable, so provoking; or of such ( H. ) magnitude in their consequences as this. Upon none has £ublic opinion uijiited so generally as this, it is true we ave a lamentable divison of political opinion among us, tvdiich has produced much raischiefj and may produce much, greater tlian any we have yet felt. On this question, party spirit ought to sink and disappear. P/[y opinions are well known, and are not likely to change ; but 1 candidly, and with all possible sincerty, declare my conviction to be clear, that there will not be a dissenting voice in the Avcstern coun- try if this course be taken : that so far as my own abilities go, they shall be exerted to the Vitmost to support it ; and I know that my friends on this floor with v/hom I have long thought and acted, have too high a regard for the national honor, and the best interests of their country, to hesitate a moment giving the same pledge of their honest determina- tion to support and reader these nieasures effectual, if taken ; call them ours ; if you please, v/e take the responsibility, and leave the execution of them with you. For as to myself or my iriends, no agency is v/ished, except tliat of uniting with you in rousing the spirit, and calling out the resources of the country, to protect itself against serious aggression, and the total subjection and loss of the western country. If you pursue this advice, and act promptly and boldlj upon it ; if you take possession, and prepare to maintain it ; from the very unanimity displayed, you will have no v/ar...,. you will meet v/ith no resistance. Indeed, a war may be Eaid to be already begun, for hostility of the worst kind, on one side has been long in practice upon us, and our retalia- tion or resistance v/ill be justified on every principle which has gsverned the condu6l of nations. If the Spaniards resist you in taking possession of v/hat by treaty they have acknow- leged to be yours, and what they now confess does not belong- to them. ...the war certainly begins with them. Under all these circumstances, v/ith these offers of support, could gen- tlemen doubt, could they venture to cry peace, peace, when there v/as no peace, but a sworcl I Mr. R. entreated gentlemen to view and consider his proposed resolutions with candor. He declared his intenti- ons to be solely the attainment of an objecl, the loss of which would destroy the country where he resided, and hazard the union iiself. If gentlemen thought the proposed means inadequate, he v^'Ould agree to enlarge them with cheerful- ness ; all that he v/ished v.'as that effv;6tual means be voted and em.ployed in this golden moment, wiiich if lest, never v/ould return. ( 15 ) He said he would delay the senate no longer than tg present his resolutions, and give notice that he v/ould move to have them printed, and made the order of the day for some future day.. ..For, as gentlemen had consented that this business should be no longer a secret, thev Avould now be- come the subje6l of ample and able discussion. Mr. R. then read his resolutions, which appear under the head of Wednesday, the 23d. After reading the resolutions, Mr. Rgi5s said, I will now move these resolutions, and if gentiemen on the other side shall be disposed to give to the President greater power, I will cheerfully join them in extending it as far as they may- think necessary to the\iccomplishment of the obje6l. Mr. Wells rose and seconded the motion. Mr. Ross moved that the consideration of the resolu- tions be the order for Mondaj'. Mr. Nicholas rose and said he wished to make one or two observations in reply to The Vice President interrupted him, and said that if those observations were intended to apply to the question whether the resolutions should be the order for Monday, they would be proper, otherwise they would not be in order. Mr. Nicholas said he did not wish to go into unj discussion of the merits of the resolutions. He merely wished to remark, that the course pursued by the gentleman upon this occasion was altogether new and extraordinary. I presume, said he, that the gentleman expects to derive some advantage from the adoption of this course. If so, he is quite welcome to any advantage which he can gain. I be- lieve that the American people are too enlightened and too well informed to be deceived by any thing that has been said^ or by the novel course which has been pursued. It is usual when any business of such importance is about to be intro- duced, to give some previous notice, in order that gentlemen may be prepared to discuss the subjeiSt. Why the gentle- man has thought proper to depart from it in the present instance I cannot pretend to say. However, all that I think important to say a.t present is in reply to the assertion, that we are not informed of the intention of The Vice President again interrupted him, and said that the question before the Senate was, whether the resolu- tion should be the order for Monday. Upon that question, no remarks in reply to the gentleman from Pennsylvania could be admitted. If gentlemen vv ere disposed to discuss ( 16 ) the resolution, or to reply to any arguments which had been advanced by the mover, the regular method would be to negative the motion, and then the %yhole subjedl would again be open. Mr. Koss said he did not wish to preclude any obser- vations which any gentleman might be disposed to make, and ii'the gentleman from Virginia wished to reply to any- thing which he had said, he would withdraw the motion, and give him an opportunity. Mr. Nicholas said he had no wish upon the subje6l, and would say nothing more. Mr. Wright said he hoped it would not be the order for Monday, and as the gentleman had been indulged with an opportunity of advancing his sentiments at large upon the subje6l, he presumed it would be in order for him to notice some of the most extraordmaiy oi The Vice President said it would not be in order, unless the present motion Avas first negatived. I'he question was then taken, and carried in the affir- mative ; and the Senate adjourned. Mondaij^ February 21, The oi'der of the day on Mr.Ross's resolutions wasthis day postponed on motion, to Wednesday, in consequence of the indisposition of general S. T. Mason, of Virginia.* Wednesday, February 23. The order of the day being the resolutions of Mr. Ross, laid on the table on the loth inst. the order was called for. The Vice i resident rose, and stated that he con- ceived it to be his duty to point out to the Senate a contra- diclion which appeared in their rules. The standing rules of the house declare that during debase...." the doors shall " be opeii'\. ..by the 28d-i rule of the house, it is deiared, that *' 071 motion made and seconded^ the gallery shall be cleared^ " and the doors remain shut during the discussion.''^ Be- tween these two rules there was an embarrassing contradic- tion. He did not see the propriety of leaving it in the power of any tvv'o members to shut the doors, but as it lay in the discretion of the house to regulate its own proceedings, he * T/bc foregoing part of the report is from the Washington Federalist, 3'£r. Ross's speech is furnished by hinisef, 7io report has been given of the replies. ( 1^ ) would submit it to the house in the form of a specific propo- sition ; and he hoped the house would decide upon it vvichout debate. The following is the proposition : " If during the debate, or any other time, a motion be " made and seconded to shut the doors, should the galleries " forthwith be cleared, and the doors shut without debate or question ?" Mr. Cocke said, if he understood the President right, he expe6led the Senate to decide upon this proposition with- out debate. The Vice President replied in the affirmative. Mr. Cocke said that he would not submit to give his Vote, without the expression of his opinion, if he thought it proper, as well as the Vice President. Mr. Nicholas. The officer, whoever he maybe, that is appointed to expound the laws of that house, ought not, he has no right to go into a discussion of the propriety or impropriety of any rules laid clown in the Senate.... it was not orderly to do so. There can be no question on a rule at this time or in this form, and it amounts to a questioning of a right established, wiiether any member has, or has not a right to do as is enjoined by the rules. It cannot be denied that any member, on motion made and seconded, may have the galleries cleared and the doors shut, if he thinks the occasion calls for it. Mr. Dayton. Does the gentleman from Virginia mean to say that, that or any other rule can give a member the right of seating me in the midst of a discussion ? If I a6l disorderly, the President has a right to call me to order, and he must decide whether I am in order or not. There is nothing in your rules which gives a member a right to seize upon the floor. Mr. Tracy was of opinion, that the 28th rule carried the meaning which it expressed ; it was clear, that if he had a question to propose which required closed doors, he had a a right to call for the doors being shut ; but certainly the rule never contemplated that in so doing the floor should be seized upon in the midst of a speech or a debate. By the 16th rule, when a member is called to order, he is obliged to sit down. According to parliamentary proceeding, no one can take possession of the floor to the interruption of ano- ther, no one can stop another while he is speaking. If dis- orderly, the President will call him to order, but if called by a memberj the President must decide, and if in order, he must D ( 18 ) possess the floor. If any other course were pursued, the house would be constantly exposed to interruption by the petulance of any two of its members. Mr. Baldwin. Gentlemen appear to mistake the principle of the rules in question, and the coui'se of proceed- ing generally appears not to be kept perfe6lly in sight. Cer- tainly the house is subje6l to interruption by other causes than points of order ; an incident occurs almost every day, in which members are obliged to be seated in the midst of debate, such as messages from the executive, or from the other house. He had always entertained a very different opinion from that expressed by some gentlemen of the 28th rule. It was true it had the aspe6l of placing the house at the power of an individual. But if gentlemen would recur to the mode of proceeding which existed before, they would find that this was not an improper rule. For some time the proceedings of the Senate were altogether with closed doors, but this was not approved by the public, it was not wholesome, and after mature deliberation, it was determined that the doors should be opened sub modo^ but that when there should appear to be reasonable occasion for shutting the doors, that it should be effedled in the mode pointed out by the 28th rule. For it was considered that the mover and seconder of the motion, being of that body, would be sufficient pledges for a reason- able motive, and the Senate would afterwards have it in their power to determine upon the propriety of the motion itself, or to remove any injun6lion of secrecy, if they should think it proper so to do. IVir. Tracy said, that the case of a message was not analagous, as the member could rise after it, and continue his speech. Mr. Cocke said, that the nde was ceriainly the most correal mode of proceeding ; for example, if a member at- tempts to speak with open doors on confidential business, and a member calls him to order, the very calling to order discloses what the confidential business is. ...Besides, in the other house there is an appeal from the dtci-non of the chairs here it is arbitrary, and the President may decide as he pleases. The Vice President had wished for a decision on this subjfi6l on various occasions, and looked to the house for it at this time. Mr. Ross, in order to close the discussion, v/ould move % rule for the present occasion.... and it will put an end to this ( 19 ) delay, and not leave the house at the mercy of any two mem- bei-s....it is to this effeSi....J^esolved, that the discusaion of this day shall he public. Mr. Cocke. The obje6l of gentlemen is plain enough, they Vv'ish to impose an opinion upon the public that we are afraid or ashamed to let what we are doing be known to the people. Gentlemen would find themselves mistaken in their designs. He was always for the open and public discussion of all subjedls, and for none more than the subje6l of the gentleman's resolutions ; but he was opposed to the disclo- sure of any thing which might prove injurious to the coun- try, by retarding or thro\ving difficulties in the way of nego- ciations set on foot by the executive. Gentlemen wished to treat the people like little children, to hold out a scare -crow or a bug-bear to frighten them. But they would find that the people were not to be driven from their sober sensep. He came from a part of the country which was greatly interested in this subjedl ; and he knew the people wera^not such fools as the gentlemen would make them.... theifwill not believe that those who know them, and have taken the most effedlual measures to procure safety and secu- rity for them, are plotting evil for them. Mr. Wkight would move an amendment to the reso- lution (of Mr, Ross) that no member^ during debate^ shall directly cr indirectly disclose the secrets of the Seriate. The Vice PREsiDr.NT wished to have the precise ques- tion resolved... .whether two gentlemen have aright, at their pleasure, to close the doors of the Senate ? Mr. Anderson. Does the President mean, by again urging this question in this way, to suspend the resolution and the amendment just offered ?....He hoped not 1 The resolution and amendment were then put, and car- ried in the affirmative. The Vice President then read Mr. Ross's original resolutions as follows : 1. Resolved, " That the United States have an indispu- table right to the free navigation of the river Mississippi, and to a convenient place of deposit for their produce and mer- chandize in the island of New Orleans. 2. '' That the late infra6lion of such their unquestion- able right, is an aggression hostile to their honor and in- terest. 3. " That it does not consist with the dignity or safety of this union, to hold a right so important, by a tenure so uncertain. ( 20 ) 4. " That it materially concerns r,uch of the American citizens as dwell on the western waters ; and is essential to the union, strength, and prosperity oi these states, that they obtain complete security for the full and peaceable enjoy- ment of such their absolute right. 5. " That the President be authorised to take imme- diate possession of such place or places, in the said island, or the adjacent territories, as he may deem fit and conveni- ent, for the purposes aforesaid ; and to adopt such other measures for obtaining that complete security as to him, in his wisdom, shall seem meet. 6. " That he be authorised to call into acSlual service, any number of the inilitia of the states of South Carolina, Georgia, Ohio, Kentuclcy, Tennessee, or of the Mississippi territory, which he may think proper, not exceeding fifty thousand, and to employ them, together with the military and naval forces of the union, for ctfe6ling the obje6ls above mentioni d. 7. " That the sum of five millions of dollars be appro- priated to the carrying into eflFeCl the foregoing resolutions ; and that the whole or any part of that sum be paid or ap- plied on warrants drawn in pursuance of such directions as the President may, from time to time, think proper to give to the secretary of the treasury." Whereupon^ Mr. White, of Delaware, rose, Mr. President, on this subject, which has on a foi^mer day been discussed with so much ability, and with such eloquence by my friend from Penns} Ivania, the honorable mover of the resolutions, I shall submit the lew observations I may make, in as concise a manner as I am capable of ; for it is very far from my wish to occupy the time, or attention of the Senate unneces- sarily. The resolutions on \ our table I approve of in their full extent ; I believe they express the firm and manly tone that at tlijs moment, is especially becoming the dignity of the government to assimie ; i believe they mark out a sys- tem ot measures, that, if promptly pursued, will be honor- able to the nation, and ec[ua! to the accomplishment of the important objetl which gentlemen on all sides seem to have in view. These alone, Vv^ith me, would be sufficient induce- ments to yitij them my feeble support ;....but in addition to these, and ko the thorough convi6lion of my own mind as to the course I ought to pursue, 1 have the happiness of being supported in my opinions on this subje6l, by the unequivo- ( 21 ) cal expression of the sentiment of the state, to which I have the honor to belong. It was earlv seen, Mr. President, and required but little penetration to discover, that adventurers emigrating beyond the mountains, and settling on our western waters, must possess the free navigation of the Mississippi, it being their only outlet to the ocean. This important privilege it became necessary on the part of the government of the United States to secure by treaty, and not leave to the capricious will of whatever nation who might futurely hold the territory at the mouth of the river. Accordingly in the 4th and 22d arti- cles of our treaty with Spain, I find on this subje6l the fol- lowing stipulations : " Article IV. It is likewise agreed that the western boundary of the United States, which separates them from the Spanish colony of Louisiana, is in the middle of the channel or bed of the river Mississippi, from the northern boundary of the said States, to the completion of the 31st degree of latitude north of the equator. And his Catholic Majesty has likewise agreed that the navigation of the said river, in its whole breadth from its source to the ocean, shall be free only to his subje6ls and the citizens of the United States, unless he should extend this privilege to the subje6ls of other powers by special convention." " Ari. XXII. The two high contra6l;ng parties, hop- ing that the good correspondence and friendship which happily reigns between them, will be further encreased by this treaty, and that it will contribute to augment their prosperity and opulence, will in future give to their mutual commerce all the extension and favor which the advantages of both coun- tries may require. " And in consequence of the stipulations contained in the fourth article, his Catholic Majesty will permit the citizens of the United States, for the space of three years from this time^ to deposit their merchandizes and effects in the port of New Orleans, and to export them from thence without pay- ing any other duty, than a fair price for the hire of the stores ....and his majesty promises either to continue this permis- sion, if he finds, during that time, that it is not prejudicial to the interests of Spain, or if he should not agi-ee to continue it there, he will assign to them, on another part of the banks of the Mississippi, an equivalent establishi-nenf.^^ This instrument, Mr. President, it is known, for a time quieted the fears and jealousies of our western brethren ; ( 22 > they supposed it had removed forever the possibilitj^ of anjr future embarrassment to their commerce on those waters. And after it had been proclaimed as the law of the land, after it had been ratified by both nations, and become obli- gatoiy upon the faith and honor of each ; who could have thought otherwise ? Yet, sir, it has happened otherwise.... This place of deposit at New Orleans, secured to our citi- zens by the article last read, has been recently wrested from their hands by the authority of die Spanish government, and no other equivalent one assigned, where after more than two thoiisand miles of boat navigation, they may disembark their produce in order to be shipped for sea, and without this ad- vantage the navigation of the river is to them but an empty name. I have said by the authority of the Spanish government, It has indeed been given out to the world for reasons that every man may conje6\ure, and a'-e unnecessary to be men- tioned, that this v.'as not the act of the government, but the rash measure of a single officer ; the intendant general of the Spanish provinces.. ..that the Spanish minister had issued orders for the speedy adjustment ol these difficulties. ...had kirdly offered to throw himself into the breach to prevent this mtendant general from going to e:i.tremities with the government of the United States. .Sir, gentlemen may find, when too late, that this is a mere piece oi diplomatic policy, intended only to amuse them ; and to say nothing of the humiliating idea of resorting to such aplaister for the wound that lias been iniiiiftecl upon our national honor ; if they had taken the trouble, thc}^ might have been informed that the Spanish minister near this government has no control at New Orleans. ...that the intendant general is, like himself, an im- mediate olficer of the crown, and responsible only to the crown for his condu6l. If the Spanish minister has inter- fered, whicii 1 am not disposed to question, to make the best of it, it could only have been by the intreaties of men in power, as a mere meuiator, to beg of the intendant general of New Orleans, justice and peace on behalf of the people of the U. States. Are honorable gentlemen prepared to accept of peace on such terms ?....They might do, sir, for a tribe of starving Indians ; but is this the rank that we are to hold among the nations of the world ? And it seems that even these supplicating advances are likely to avail us nothing; by accounts very lately received from New Orleans, by a private letter which I have seen since these resolutions were ( 23 ) submitted to the Senate, the intendant general has expressed much displeasure at the interference oi ihe Spanish minister ....stating that it was not within his duty or his province, and that he, the intendant, a6led not under Spanish but French orders. As to the closing of the port of New Orleans against our citizens, the man who can now doubt, after viewing ail the accompanying circumstances, that it was the deliberate a6l of the Spanish or French government, must have locked up his mind against truth and convi6iion, and be determined to discredit even the evidence of his own senses ; but sir, it is not only the depriving us of our right of deposit by which we have been aggrieved, it is by a system of measures pursued antecedent and subsequent to that event, equally hostile and even more insulting. I have in my hand a paper, signed by a Spanish officer, which, with the indulgence of the chair, I will read to the Senate. * ADVERTISEMENT. *' Under date of the 16th inst. (December,) the inten- dant general of these provhices teiis me, that the citizens of the United States of America, can have no commerce xv'/th his majestifs subjects.. ..\.\\(ty only having the free navigation of the river for the exportation of the fraits and produce of their establishments, to foreign countries, and the impoita-* tion of what they may want irom them. As cuch icharrs yoii^ so Jar as respects ijoit, to be zealous and vigiianr^ zvich particular care^ that the inhabitants neither purciiase or sell any thin hich it appeared that the governor of New Or- leans had strcngly tpposed the conduil of the intendant, declared .h.it he was atiing vt^ithout authority in refusing the deposit, and indicated a disposition to oppose openly the pro- ceeding. The Spanish minister v/ho resides here, also interposed on the occasion, and v/ho stands deservedly high in the confidence of his government, was clearly of opinion, that the intendant was acting without authority, and that redress v,ould be given so soon as the competent authority could interpose. From this state of things, and which is the a6iuai suite at this m-oment, v/hat is the course any civi- lized nation who respe6ls her chara61er or rights, would pursue? There is but one course, which is admitted by- writers on the laws of nations, as the proper one ; and is thus described by Vattell, in his book, sec. 336, 3J8..,." A sove- " reign ought to shew, in all his quarrels, a sincere desire " of rendering justice, and preserving peace. He is obliged " before he takes up arms, and after having taken them up " also, to offer equitable conditions, and then alone his arms ** become just against an obstinate enemy, who reiuses to *' listen lo justice or to equity.. ..His own advantage, and ( 31 ) " that of human society, oblig- him to attempt, before he " takes up arms, ah ihe pa:ific methois of cbt lining eiJier " the reparation of the injmy, or a just satisfaSlion. This " moderation, this circum3pe6lion is so much the more pro- " per, and commonly even indispensible, as the a6lion Are " take for an injury does not ai\vays proceed from a design " to offend us, and is sometimes a mistake rather than an *' a6l of mahce : frequently it even happens, that the injury " is done by inferior persons^ without their sovereign haifing " any share in it : and on these occasions, it is not natural " to presume tiiat he would refuse us a just satisfaction." This is the course wliich the President iias taken, and in which the House of Representatives ha ye expressed, by their resolution, their confidence. What are the reasons urged by gentlemen to induce a different proceeding, an immediate appeal to arms?. ...You prostrate, say the gentlemen, yowrnational honor by negoci- ating^ where there is a diredl violation of a treaty ! How happens it that our national honor has, at this particular cri- sis, become so delicate, and rhat the feelings of certain gen- tlemen are now so alive to it t Has it been the pradlice of this government heretofore to break lances on the spot v.'ith any nation who injured or insulted her ? Or has not the in- variable course been to seek reparation in the first piace by negociation ?....I ask for an example to the contrary ; even under the administration of Washington, so much eulogized by the gentleman last up ? W^ere not Detroit, and several other forts within our territor}', held ten or a dozen of years by Great Britain, in dire6l violation of a treaty ? W^ere not waiiton spoliations committed on your commerce by Great Britain, by France, and by Spain, to the amount of very many millions ; and all adjusted through the medium of negociations ? Were not your merchants plundered, and your citizens doomed to slavery by Algiers, and sail those in power, even Washington himself, submitted to negocia- tion, to ransom, and to tribute I Why then do gentlemen, who on those occasions approved of these measures, now despair of negociation 1 America has been uniiormly suc- cessful, at least in settling her differences by treaty. But the gentleman is afraid that if we do not immedi- ately seize the country^ we shall lose the golden opportunity of doing it. Would your national honor be free from imputation by a condu6l of such inconsistency and duplicity t A mmlster ( 32 ) is sent to the offending nation v/ith an olive branch, for the purpose of an amicable discussion and settlement of dilFer- ences, and before he has scarcely turned his back, we inv^ade the territories of that nation with an army of 50,000 men ! Would such conduct comport with the genius and princi- ples of our republic, whose true interest is peace, and who has hitherto professed to cultivate it with all nations f Would not such a procedure subje6l us to the just censure of the world, and to the strongest jealousy of those who have possessions near to us ? Would such a procedure meet the approbation of even our own citizens, whose lives and fortunes would be risqued in the confli6l ? And would it not be policy inexcusably rash, to plunge this country into war, to effe6l that which the President not only thinks can be effe6led, but is now actually in a train of negociation ? If, on the other hand, negociation should fail, how different will be the ground on which we stand. We stand acquitted by the world, and what is of more conse- quence, bv our own citizens, and our own consciences. But one sentiment will then animate and pervade the whole, and from thenceforth, we will take counsel only from our courage. But to induce us to depart from this proper, this safe, and honorable course of proceeding, which is pursuing by the President, the gentleman from Pennsylvania first, and the gentleman from Delaware again told you, that by such pacific measures you will irritate the western people against you, that they will not be restrained by you, but will either invade the country themselves, or withdraw from the Union and unite v/ith those who will give them v/hat they want. Sir, said Mr. B. I did not expe6l to hear such language held on this floor! Sir, the gentleman from Pennsylvania best knows the temper and views of the western people he repre- sents, but if he meant to extend the imputation to the state I ha\'e the honor to represent, I utterly disclaim it. The citizens of Kentucky value too highly their rights and cha- ra61er to endanger the one, or dishonor the other. They deal not sir, in inszwrections. They hold in too sacred re- gard iheir federal compact to sport with it. They were among the first to oppose violations of it, and will, I trust be the last to attempt its dissolution. The time indeed was when not only irritation but disgust prevailed in that coun- try ; when, instead of sending 50,000 men, to seize on Orleans, an attempt was meditated, and a solemn vote taken in Congress to barter away this right for "Zo years. The time ( 33 ) indeed was, v/hen great dissatisfaction prevailed in that coun- try, as to tlie measures of the general government ; but it never furnished there, whatever it might have done elsexvhcre^ even the germs for treasons or insurrections. The people I have the honor to represent, are not accustomed to procure redress in this way. Instead of trampling on the constitution of their country, they rally I'ound it as the rock of their safety. But happily these times have passed away. Distrust and dissatis- faction have given place to confidence in, and attachment to, those in whom the concerns of the nation are confided. I ask no reliance on my opinion for this fact, but appeal to the me- morial of the legislature of Kentucky, to the present Congress, for the truth of this assertion. In this disposition of mind therefore, and from the sound sense and the correct vievv^s and discernment of their true interest, v/hich the people of Ken- tucky possess, I have no hesitation in pledging myself, that no such precipitate and unwarranted measures will be taken by them, as predicted by the gentlemen in the opposition. But he begged leave to ask gentlemen, vv^ho hold such lan- guage, would the vv^estern people, admitting they were to withdraw from the Union, be able to accomplish the object? Could they alone go to war with France and Spain ? Could they hold Orleans, were they to take possession of it without the aid of the United States ? Admitting they could hold it, what security v/ould they have for their commerce ? A single ship of the line would be able completely to blockade that port.... See also the Havanna, one of the safest and strongest of the Spanish ports, and so situated as to possess every advantage in annoying our commerce. Are the gentlemen therefore really serious, when they endeavour to persuade us, that the western people are in such a state of fury and mad impatience, that they will not wait even a few months to see the fate of a negociation, and if unsuccessful, receive the aid of the whole nation, but that they will madly run to the attack without a ship, vv^thout a single cannon, without magazines, without money, or preparation of any kind ; and what is worse, with- out union among themselves ; and what is still worse, in the face of the laws and constitution of their country ? It is impos- sible. Such a desperate project could not come to a success- ful issue ; for should they even obtain the right by their own exertions alone, they could not expect long to enjoy it in peace, without descending from that exalted, that enviable rank of one of the independent States of United America, to the degrad- ed, dependent condition of a colonial department of a foreign nation. F ( 54 ) Although he thought it incumbent en us, for the rcn-'ons he had stated, to try the effect of negociation, yet, should that fail, he thought it incumbent on us also to be prepared ior another resort. He considered this right, and upon a diiTer- ent footing from what we ever enjoyed it, so all important, so indispensible to the very existence of the western states, that it was a waste of words and time to attempt to pourtray the evils which a privation of itsvould produce ; and he rejoiced to find that gentlemen with whom he had not been in the habit of vot- ing on most political subjects, so perfectly accord vv^ith him, that our precarious tenure of it must be changed. He hoped they W'fcre sincere in their declarations. ...If they were, the only difference between us now is, ivhat are the proper means to obtain this great end ? The course pursued by the President was, in his opinion, the only tioie and dignified course. It is that, and that only, which will certainly attain the object ; and is the only one which will tend to unite cordially all parts of the Union. But we ought to be prepared in case of failure, instant- ly to redress ourselves. This, instead of having an evil, would in his opinion, have a good effect on the negociation. It would shew, that although we are willing amicably to adjust our dif- ferences, yet that Ave are not only resolved on, but prepared for that resort which cannot fail to restore our violated rights. With that view, he would offer the following resolutions, as substitutes for those proposed by the gentleman from Penn- s}'lvania. He moved that the whole of the resplutions be struck out, excepting the word Resolved^ and the following be substituted in their place ......after the word " Resolved^'' " I'hat the President of the United States be, and he is hereby authorised, whenever he shall judge it expedient, to require of the executives of the several states, to talce effectual measures to organize, arm, and equip, according to law, and hold in readiness to march at a moment's warning, 80,000 ef- fective militia, officers included. Resolved^ " I'hat the President may, if he judges it ex- pedient, authorise the executives of the several states to ac- cept, as part of the detachment aforesaid, any corps of volun- teers ; who shall continue in service for such time, not ex- ceeding months, and perform such services as shall be prescribed by law. Resolved^ •■' That dollars be appropriated for paying and subsisting such part of the troops aforesaid, whose actual service may be wanted, and for defraying such other expenses as, during the recess of Congress, the President may ( S5 ) deem necessary for the security of the territory of the United States. Resolved^ " That dollars be appropriated for erecting, at such place or places on the western waters, as the President may judge most proper, one or more arsenals." Mr. Dayton wished to know whether it was in order to introduce the substance of a resolution, though in difterent words, under the name of an amendment. Mr. Clinton. The extraordinary manner in which the subject now under consideration, has been introduced, the ex- traordinary manner in which it has been treated, and the ex- traordinary nature of the proposition itself, would justify a latitude and severity of remark, which, however, 1 am not disposed to indulge upon this occasion : I know that I address myself to a very respectable portion of the coUected'wisdona and patriotism of my country, I will therefore leave the ho- norable members from Pennsylvania and Delaware, (Mr. Ross ond Mr. White) in the undisturbed possession of their inflammatory appeals and declamatory effusions, and will manifest a becoming respect for the high authorit)^ to which I have the honor to speak, by moving on the ground of argu- ment and of fact. To prevent losing myself in so spacious a field, I will consider the subject under three distinct heads : 1. The injuries aliedged to have been committed on the part of Spain. 2. The nature, character, and tendency of the remedy pro- posed. 3. Its justice and policy. The importance of a free navigation of the Mississippi has been duly appreciated by the government, and a constant eye has been kept upon it, in our negociations with foreign ■powers. An attempt was indeed made under the old confede- ration, to barter it away for twenty-five years, which, howe- ver, was efficiently controlled by the good sense and patriotism of the government. By the treaty of peace with Great Britain in 1783. ...by the treaty of amity, commerce, and navigation, with her, in 1794.. ..and by the treaty of friendship, limits, and navigation Vvith Spain, in 17^5, the right of a free navigation of the Mississippi is recognized, and declared to exist from its source to the ocean, in the citizens of the United States. By the 22d article of the treaty with Spain, it is declared, That " In consequence of the stipulations contained in the 4th article, his Catholic majesty will permit the citizens of the United States, for the space of three years from this time, tp ( 35 ) deposit their merchandize and effects in the port of New Or- leans, and to export them frcm thence without paying any other duty than a fair price for the hire of the stores. And h'ir, majesty promises either to continue this permission, if he finds during that time that it is not prejudicial to the interests of Spain, or if he should not agree to continue it there, he will assign to them, on another part of tht banks of the Mississip- pi, an equivalent establishnient." The 22d article granting the right of deposit, is, therefore, founded upon the 4th arti • cle recognizing the right of free navigation, and is intended to give full and complete ehFicacy to it. By a proclamation of the intendant of the province of Louisiana, dated the 16th of Oct. last, the right of deposit is prohibited. The reason assigned for this daring interdiction is, that the three years for which it was gi-anted, having expired, it cannot be continued with- out an express order frcm the king of Spain.... And at the same tjiffie no equivalent establishment is assigned according to the stipulations of the treaty. There can be no doubt but that the suspension of the right of deposit at New Orleans, and the assignment of another place equally convenient, ought to have been contemporaneous and concurrent.... that the conduct of the intendant is an atro- cious infraction of the treaty, and that it aims a deadly blow at the prosperity of the western states ; but it is extremely questionable whether it was authorized by the government of Spain or not. On this subject I am free to declare that I en- tertain great doubts, which can only be cleared up by the course of events, or perhaps it will ever be enveloped in dark- ness. On the one hand, the terms of the proclamation, indi- cating a misunderstanding of the treaty, the remonstrances of the governor of the provmce, whose authority does not extend to commercial and fiscal affairs, over which the intendant has an exclusive control, and the prompt and decided assurances of the Spanish minister near the United States, would induce a belief, that the act of the intendant was unauthorized. On the other hand, it cannot readily be believed that this officer would assume such an immense responsibilitv, and encounter an event so big with important consequences, not only to his country but to himself.... without knowing explicitly the inten- tions of his government. Such then is the true state of the Spanish aggression.. ..an important right had been secured to our citizens by the solemnity of a treaty..,. this right had been withdrawn by an officer of the Spanish government, and whe- ther this aggression was directed by it or not, is not as yet ( 37 ) known. Other aggressions have indeed been stated by the honorable gentleman from Pennsylvania, (Mr. Ross) in order to darken the picture, and with the manifest design of exaspe- rating our feelings, inflaming our passions, and prompting an immediate appeal to the sword. That gentleman had men- tioned that gi-eat and unwarrantable spoliations have been com- mitted upon our commerce by Spain, and that redress is re-, fused. The depredations previous to the treaty of 1795, were satisfactorily provided for in it, and those subsequent are in a favorable train of negociation and adjustment. If it were permitted to me to draw aside the veil which covers our exe- cutive proceedings, I could establish to the satisfaction of every person present, that the honorable mover has wandered widely from candor and the convictions of his own knowlege, in his representations on this subject. I will at present con- tent myself Vv^ith giving an unqualified contradiction to his declarations, and do cheerfully appeal to the information within the power of every member of the senate, for the accuracy of my assertion. I am fully satisfied that the court of Madrid has not only entertained, but has manifested in her negocia- tions, every disposition to maintain inviolate the relations of amity with this country. When, therefore, the honorable mover proceeded to state that several of our citizens had been seized and imprisoned by the colonial authorities of Spain, I might ask, whether any government in the world pretended to protect her citizens in the violation of the laws of other nations ? Whether our citizens in the situation he has represented, had not been concerned in illicit trade, and in violating the laws of the Spanish colonies ? Instances may have indeed occurred where innocent persons have been unjustly dealt with, and whenever representations to this effect shall be m^ade to our government, I have no doubt but that ample redress will be instantly demanded and insisted upon. Nothing has been laid before us which can authorize the assertions made on this sub- ject.... Whenever such conduct shall be brought home to Spain^ and prompt and complete satisfaction denied, I shall then con- sider it the duty of the government to vindicate the rights of our citizens at all hazards.... and I cannot but congratulate the honorable mover, and the other side of the house, on the re- surrection of that aixlent zeal in favor of their oppressed coun- trymen, which has so long and so soundly slept.... over British and French enormities. As to the nature, character, and tendency of the reme- dy proposed, there can be but one opinion. It proposes to ( 58 ) enter the country of a foreign nation ^yitJi a hostile force, and to seize a part of its territory It is not preceded by 2i formal declaration^ and cannot, therefore, come under the denomina- tion of a solemn ivar^ but it partakes of the character of a war 7iot solemn.. .Ax. answers to the definition of war, by Burlama-» qui, " a nation taking up arms witli a view to decide a quar- rel j" to that given by Vattel, who represents it to be " that state in which a nation prosecutes its right by force." A state of general hostilities would as necessarily follow as an effect would follow a cause. ...no nation would submit to the irrup- tion of a hostile ai"my without repelling it by force. ...the proud Castilian, as described by the gentleman from Delaware, would revolt at the insult.. ..the door of negociation would be effectually closed, and as the appeal would be to arms in the first instance, so the controversy must be fuially decided by the preponderance of force. It would therefore not only have im- urcssed me with a more favorable opinion of the honorable mover's candor, but also of his decision and energy as a states- man, if he had spoken out boldly, and declared his real object. War is unquestionably his design.. ..his wish. Why then mask his propositions ? Why combine it with considerations con- nected with negociation ? Why not furnish the American peo- ple at once with the real and the whole project of himself and his friends ? If it is bottomed on patriotism, and dictated by wisdom, it need not shrink from the touch oi investigation.... it will receive their approving voice, and be supported by all their force. T'iie resolution is then to be considered as a war resolution.,., in no other light can jt be vievv"ed....in no other light ought it to be viewed. ,.,and in no other light will it be viewed by the intelligence of the countr}\. In this point ot view, I will proceed, said IMr. C. to consider its justice and policy, its conformity with the laws and usage of nations, and the substantial interests of this coun try. I shall not attempt to occupy your attention by thread- bare declamation upon the evils of war, by painting tlie cala- mities it inflicts upon the happiness of individuals, and the prosperity of nations. Ihis terrible scourge of mankind, worse than the iamine or pestilence, ought not to be resorted to until tvcrv reasonable expedient has been adopted to av"ert it. When aggressions have been committed by the sovereign or represeutaiives of the will ol a nation, negociation ought in all cases to be jfirst tried, unless the rights of self-defence de- paand a ccntrary course. This is the pr;)clice of nations, and ( 59 ) is enjoined by tTie unerring monitor \rhicii the God of nature has planted in every human bosom. What right have die rulers of nations to unsheath the svv'ord of destruction, and to let loose the demon of desolation upon mankind, whenever ca- price or pride, amJoition or avarice, sludl prescribe ? And are there no fixed laws founded in the nature of things which or- dain bounds to the fell spirit of revenge, the mad fury of domi- nation, and the Insatiable thirst of cupidity? Blankind have not only in their individual character, but in their collective capacity as nations, recognized and avowed in their opinions and actions, a system of lav/s calculated to produce the great- est happiru:'ss of the greatest numbei'. And it may be safely asserted, that it is a fimdamental article of this code, that a nation ought not to go to war, until it is evident that the inju- ry committed is highly detrimental, and that it emanated from the ^vill of the nation charged v/ith the aggression, either by an express authorization in the first instance, or by a recog- nition of it v»hen called upon for redress, and a refusal in both cases to give it. A demand of satisfaction ought to precede an appeal to arms, even wlien the injury is manifestly the act of the sovereign ; and when it is the act of a private individual, it is not imputable to his nation, until its government is called upon to explain and redress, and refuses ; because the evils of war are too heavy and serious to be incurred, without the most urgent necessity.... because remonstrance and negociation have often recalled an offending nation to a sense of justice, and a performance of right.... because nations, like individuals, have their paroxisms of passion, and when reflection and reason resume their dominion, will extend that redress to the olive- Jiranch v/liich their pride will not permit them to grant to the sword. ...because a nation is a moral person, and as such, is not chargeable vrith an offence committed by others, or vv'herc its will has not been consulted, the unauthorised conduct of individuals beinrr never considered a iu^t ground of hostility, uncil their sovereign refuses that reparation tor which his right of controlling their actions, and of punishing their misconduct, necessarily renders him responsible. These opinions are sanc- tioned by the m^ost approved elementary writers on the laws of nations. I shall quote the sentiments of some of them. Vattel says : " Two things, therefore, are necessary to render it (an offensive war) just. First, a right to be asserted; that is, that a demand made on another nation be important and well grounded : 2d, That this reasonable demand cannot be obtained otherwise than bv force of arms. Necessitv alone ( 40 ) warrants the use of force. It is a dangerous and tcnlble re- source. Nature, the common parent of mankind, allows of it only in extremity, and when all others fail. It is doing wrong to a nation to make use of violence against it, before we know, whether it be disposed to do us justice, or to refuse it. They who, without trying pacific measures, on the least motive run to arms, sufnciently shew that justificative reasons, in their mouths, are only pretences ; they eagerly seize the opportunity of indulging their passions, and of gratifying tlieir ambition, under some colour of right." It is subsequently stated by this admired v/riter, that " it is demonstrated in the forgoing chapter, that to take arms lawfully, 1. That we have a just cause of complaint : 2. That a reasonable satisfaction has been denied us, 8;c." Burlamaqui says, " However just reason we may have to make war, yet as it inevitably brings along with it an incre* dible number of calamities, and often injustices, it is certain that we ought not to proceed too easily to a dangerous ex-* tremity, which may perhaps prove fatal to the conqueror him- self. The following are the measures which prudence directs sovereigns to observe in these circumstances :...!. Supposing the reason of the war is just in itself, yet the dispute ought to be about something of great consequence to us ; since 'tis better even to relinquish part of our right, when the thing is not considerable, than to have recourse to arms to defend it. 2. We ought to have at least some probaMe appearance of success ; for it would be a criminal temerity, and a real folly. Wantonly to expose ourselves to certain destruction, and to •run into a greater, in order to avoid a lesser evil. 3. Lastly, there should be a real necessity for taking up arms ; that is. We ought not to have recourse to force, but when we can employ no milder method of recovering our rights, or of de- tending oiu-selves from the evils with which we are menaced. These measures are agreeable not only to the principles of prudence, but also to the fundamental maxims of sociability, and the love of peace ; maxims of no less force, with respect to nations, than individuals. By these a sovereign must, therefore, be necessarily directed ; even the justice of the government obliges him to it, in consequence of the very nature and end of authority. For as he ought always to take paiti- cular care of the state, and of his subjects, consequently he should not expose them to all the evils with which v/ar is at- tended, except in the last extremity, and when there is no other expedient left but that of arms." In addition to these great ( 41 ) piuthorkies, permit me to refer severally to the opinions of two more modern writers, Martens and Paley...The former says that all amicable means for redress must be tried in vain be- fore an appeal to arms, miless it is evident that it would be useless to txy such means... and the latter is of opinion that the only justif)ing causes of war are deliberate invasions of right, and maintaining the balance of power. It is not neces- sary to decide upon the justice of the last observation, because it does not apply to the case before us. ..But can any man lay his hand upon his heart and declare that he believes the present case a deliberate invasion of right by the Spanish government ? Can any man say, that it would be fruitless to attempt amicable means of redress, and that the sword alone can restore us to our rights ? I'he opinions of these celebrated writers are corroborated b}' the general usage of nations. A demand of redress before the application of force has been almost uniformly practised by the most barbarous, as well as the most civilized nations. Instances may indeed be found to the contrary, but they are to be considered as departures fr*om established usage. The ancient Romans who were a military nation, and who marched to empire through an ocean of blood, always demanded satis- faction from the offending nation before they proceeded to war, and fixed upon a certain time in which the demand was to be complied with.. .at the expiration of which, if redress was still withheld, they then endeavored to obtain it by force. It has been the general practice of the civilized nations of Eu- rope to promulge manifestos justificatory of their conduct, in resorting to arms, 'i hese manifestos contain a full state- ment of their wrongs, and almost always declare that they had previously endeavored by negociation to obtain a friendly adjustment of their complaints. ...What is this, but a declara- tion, that the law and the sense of nations demand this course ? What is it, but an appeal to the intuitive sense of right and wrong which exists in every human bosom ? The reign of the present king of Great Britain has been emphatically a war reign. In 1760 he ascended the throne and found the nation at war with France... besides his wars in the East and West Indies, almost half of his reign has been consumed in wars Y/ith this country and some of the nations of Europe. ..He has been three times at war with France... three times with Spain, twice v/lth Holland, and once v/ith the United States, The most strange events... events which have pleased and dazzled, astonished and terrified mankind, have passed upon the G ( 42 ) theatre of the vv-orld i'n his time. ..The crdiiiar\' nir,xim<; oC policy, and the cardinal principles of action, have been re- versed and prostrated.. .The world has seen the revividof the crusades, all the great powers of Eurojie in arms, and a des- tro} ing and desolating spirit go forth, unknown to past times. Portentous as a portion of this reign has been, when a devia- tion from the established laws of nations inight naturally be expected, and degraded as the power and condition of Spairt is represented to be, I am willing to stake the vvhole conti'o- versy upon the reciprocal conduct of these governments to each other. Of all wars, one with Spain is tlie most popular in England, from the opportunities it alYords for maritime spo- liation, and lucrative enterprize....for the same reasons it is anxiously deprecated by Spain ; and it has even grov/n intQ a Spanish proverb, -' Peace with England, and war with the world," Notwithstanding the preponderating force of Great Britain,, the aUurements of popularity and cupidity, her great and extraordinary acquisition of maritime power, and the maitial temper which has marked her character during the pre- sent reign, we find the very power with whom we are now called upon to measure swords, meeting her propc/itions for negociation or arms on the ground of perfect equality, main- taining a steady posture, and an erect attitude, passing thro' her collisions with unspotted reputation and unsullied dignity, and teaching us an instructive lesson, that while we ought never to bend into degrading conxpliances, we are not to ex- pect that a nation which has not yielded improperly to the pov/er in the world most able to injure her, will tamelv sub- mit to the insulting and imperious measure recommended so earnestly to our adoption. Six controversies have occurred between Great Britain and Spain, during the reign of the pre- sent king.... three have terminated amicably by negociation, and diree hare resulted in war. In 1761, when Great 13ri- tain was at war with France,, a memorial was presented by the French, ambassador at London, to the English minister, which implicated some demands of Spain upon Great Britain, and which gave great offence to her mini5try..,^A negociation took place, which being attended with an insolent demand for a sight of a treaty concluded between France and Spain, and which being very properly refused, a war ensued. Notwith- standing the conduct of Great Britain in the course of. this transaction was precipitate and unjust, negociation was at- tempted before an appeal to arms. ...And the future disclosure ot the real transaction furnished her with a salutarv lesson ; ( 43 ) I'ur it was afterwards found that the treaty did not refer to the existing state of the belligerent powers, but that the guarantee i^t contained was not to operate until the termination of the war. In the year ITTO the remarkable case oithe Faulkland Islands occurred. Six ) ears before a settlement was made and a fort erected by the British government on one of them, with a view to accommodate navigators in refitting their ships and furnishing them with necessaries previous to their passage thro' the Streights of Magellan, or the doubling Cape riorn. This settlement gave great umbrage to Spain, not onl\' upon account ol its interference with her claim of sovereignty to al- most the whole Southern Continent of America, and the ad- jacent islands, but also on account of the facility it would af- ford in case of a future waj*, to an attack upon her South-Sea Territoiies,.... Ineffectual remonsti^ances were made on the part of Spain, and at hist, notwithstanding the claim of Great- Britain by discovery and occupancy, an armed force vvas sent ....the fort was taken. ...the settlement was broken up, and the honor of the British flag violated by the taking oft" of the rud- der of a king's ship, and detaining it on shore twenty days.... What course did the British pursue on this occasion : In this case the insult was flagrant.. .-the honor of their flag, the digni- ty of the crown, and the commerce of the nation were impli- cated. Was the sword immediately unsheathed, and the door ■ to peace efTectually closed ? No..,.Negociations ensued..,. a convention was formed,. ..Spain disavowed the violence and engaged to restore the possessions, but with an express decla- ration that the restitution should not affect the question con- cerning the prior right of sovereignty. ...The islands were also evacuated three years afterwards by Great Britain, in conse- quence of a secret agreement. In 1 779 Spain declared war against Great-Britain, alledg- ing unredressed depredations on htr commerce, and that she was insulted in an attempt to negociate between France and CTreat-Britain, It is evident that this step on the part of Spain was in pursuance of the family compact. ...and was not justifia- ble by the laws of nations. It appears, however, that previous to taking this measure, she had attempted to attain her objects by negociation. In 1786 the long disputes respecting the English settle- j-nents on the IVlosquito shore, and the coast of Honduras, were settled by negociation. The English abandoned their JVIos- quito settlements, and many hundreds of families who had in- habited them under the protection and faith of the British go* ( ^* ) vernment, were peremptoi-ily compelled to evacuate that coun- try.. ..The boundaries of the English Honduras settlements were enlarged, but in such a manner as to leave Spain in full possession of her territorial rights and exclusive dominion. In 1790 the controversy about Nootka Sound arose two years before a settlement was made there by an associa- tion of British merchants, on land purchased from the natives with a view to carry on the Fur trade. This interfering with the chimerical rights of Spain, a Spanish frigate was dispatch- ed by the Viceroy of Mexico, which siezed the fort, and cap- tured the English vessels trading there.... a negociation took place, the vessels were restored, and the settlements agreed to be yielded back. ...but there was an express reservation on the part of Spain, of the right of sovereignty for ulterior discussion. In 1796 Spain, in pursuance of a treaty of alliance oflen- sive and defensive with France, declared war against G. Bi i- tain. From this short narrative it will appear that in almost every case negociation v/as attempted, even when indignity and violence had been committed. That in many instances it was successful.... that in tM'o of the three cases where hostili- ties were commenced, Spain was unequivocally the aggressor ....that in most of her adjustments she stood upon ground at least equal, and in some superior to Great Britain. ...tha.t in all of them she maintained a high sense of character and inde- pendence, and that in points alfecting the most delicate consi- derations of national honor, interest and right, and where oc- currences of a very iiTitating nature had taken place, and more aggravated than the one of which we justly complain The path of negociation was deemed the path of honor, by tvvo of the great nations of Europe. The practice of our government has been uniformly con- formable with the principles I have endeavoured to establish, and I trust I shall be excused for bestowing particular consi- deration on this subject.. We have heard much of the policy of WASHiNGTON....it has been sounded in onrears from all quar- ters and an honorable gentleman from Delaware (Mr. White) has triumphantly contrasted it with that adopted by the present administration. I am not disposed to censure it in this case. ...on the contrary, I think it a high and respectable authority,... but let it be properly understood in order to be rightly appreciated, and it will be found that the United States under his administration, and that of his successor, have re- ceived injuries more deleterious, insults more atrocic^us, and indignities more pointed than the present, and that the pacific ( 45 ) measure of negociation was prefered. If our national honor has survived the severe wounds it then received, it may surely outlive the comparatively slight attack now made upon it.... but if its ghost only now remains to haunt the consciences of the honorable gentlemen, who were then in pov/er, and who polluted their hands v/ith the foul murder, let them not attempt to transfer the odium and the crime to those who had no hand in the guilty deed. They then stood high in the councils of their country.. ..The reins of government were in thtir hands ....and if the coui^se they at that time pursued, was diametri- cally opposite to that they now m'ge for our adoption.... what shall we say of their consistency ? What will they say of it themselves ? What will their country say of it ? Will it be be- lieved that the tinkling sounds and professions of patriotism which have been so vehemently pressed upon us, are the ema- nations of sincerity, or will they be set down to the account of juggling imposture ? Altho' but an infant nation, our career has been eventful and interesting We htxve already had very serious collisions with three of the most powerful nations ot Europe, who are connected with us by treaty, by neighbor- hood, and by commerce.. ..Great Britain, France, & Spain, have successively committed very great aggressions upon our nation- al rights In stating these I have no intention of reviving feelings which I trust have ceased with the causes which gave them birth, nor of aspersing the chai'acters of nations who cer- tainly hold the most important and respectable station in the civilized v.'orld. ..Our differences with Great Britain were coeval with the treaty of peace The detention of the West- ern posts was a direct violation of that treaty.. ..it diverted a considerable portion of the fur trade from the United States, and disabled us from bridling the hostile Indians, which was a source of immense injurv This evil continued for twelve years, under every circumstance of aggravation and insult.... British soldiers issued from those forts into parts of our terri- tory, where we exeixised jurisdiction, and seized the persons of deserters v/ithout the aid or sanction of the authorities ot the countr}', and these possessions served as asylums for the savages who were in hostile array against us.... and as store- liouses and magazines to supply them with arms, ammunition, and provis^.ions. The seat of government of Upper Canada was also held for a time at Niagara, in the State of New- York, an indignity of the most marked character many thousands of negroes were also carrricd off in violation of the treaty, and a very serious injury Y*as ther«by inflicted en the agricultural ( 46 ) pursuits of our souihern citizens. On the other hand, it was stated on the part of Great Britain that the treaty was violated by the United States, for that impediments had been interpo- sed against the recovery of British debts by legislative acts and judicial decisions in several of the States. As there were mutual reclamations and reciprocal complaints, let us balance the account, and set oft these grievances against each other let us suppose that both parties acted right, and that no real cause of crimination existed, still I contend that the conduct of Great Britain, independent of the inexecution of the treaty of peace, was much more aggravated than the case l)efore us. It is well known that we were engaged in a bloody and expensive war with several of the Indian tribes.... that two of our armies had been routed by them, and that we were finally compelled to make great efforts to turn the tide of victory,... These Indians were encouraged and aided by the emissaries of Great Britain. ...British subjects were seen disguised fight- ing in their ranks, and British agents Avere known to furnish them with provisions and the implements of war. The go- vernor general of Canada, a highly confidential and distin-. guished officer, delivered a speech to the seven nations of LoAver Canada, exciting them to enmity against this counti-y ; but in order to furnish the savages at war with sufficient aid, a detachment of British troops penetrated into our territory and erected a Fort on the Miami River.. ..Here the Indians, dis- persed and defeated by Wayne, took refuge, and were pro- tected under the muzzle of British cannon. A violation of territory is one of the most flagrant injuries which can be of- fered to a nation, and would in most cases justify an irnmcr diate resort to arms, because in most cases essential to self- defence. Not content with exciting die savages of America against us. Great Britain extended her hostility to the eastern hemisphere, and let loose the barbarians of Africa upon us.... A war existed at that time between Portugal and Algiers.... The former blocked up the mouth of the Streights, by her su- perior naval force, and prevented the pirates from a commu- nication Avith the Adantic. Portugal has been for a long time subservient to the vieAvs of (jreat Britain.... A peace was eftect- ed through the mediation of the latter., ..Our unprotected mer- chantmen were then exposed, Avithout defence, to the piracies of Algiers. Thus in three quarters of the globe Ave at one time felt the eifi;cis of British enmity In the mean time our com- Tnerce in every sea Avas exposed to her rapacity.. ..AH France was declared in a state of siege, and the conveyance of provi^ ( 47 ) slons expressly iatcrJicted to neutrals.... Paper blockades were substituted ior actual ones, and the staple commodities of our country lay perishing in our storehouses, or were captured on the ocean, and diverted from the lawful proprietors,... Our seamen were pressed wherever found. ...Our protections were a subject ot derision, and opposition to the imperious man- dates of their haughty tyrants, was punished by famine or by stripes..,. by imprisonment or by the gibbet.. ..To complete the full riieasure of our wrongs, the November orders of 1793 were issued; our ships Avere swept from the ocean, as if by the operation of enchantment. ...hundreds of them were cap- tured. -..almost all our merchant'o were greatlv injured, and many of them reduced to extreme poverty. These proceed- ings, without even a pretext, without the forms of justice, without the semblance of equity, were calculated to~ inflame every American feeling, and to nerve every American arm...- Negociation was however pursued, an envoy extraordinarily in evexy sense of the word, was sent to demand redress, and a treaty of amity, commerce, and navigation, was formed and ratified. ...These events took place under the administration of Washmgton. The Spanish treaty, concluded on the 27th October, 1 795, stipulated for a settlement of boundaries, and an adjustment of spoliations on commerce, and contained a declaration of the free navigation of the Mississippi, and a grant of the privilege of deposit at New Orleans. ...This treaty for more than two years afterwards, was not executed on the part of Spain, In January, 1798, a report was made to Mr. Adams, by Mr. Secretary' Pickering, and submitted to Congress, which charged Spain with retaining her troops and garrisons within the United States, v/ith evading to run the boundary line, with stoppmg, controlling, and re- gulating the passage of our citizens on the Mississippi, and v/ith sending emissaries among the Indians residing within our territories, in violation of the treats' and the relations of amity. Here then, a treaty securing the important benefit of deposit, was in a state of inexecution for a long period.... Our citizens were also interrupted in the free navigation of the Mississippi, and other aggressions, afl'ecting our territo- rial rights, and our internal peace, were superadded. Was it at th?J- time proposed by the honorable gentlemen who were then hi power, as it now is, when they are deprived of it, to seize New Orleans with an armed forte ? Were they then so feel- ingly alive to the wrongs of our western brethren? Did they manifest that irritable sensibili*. v for national honor which is ( 48 ) now liuuKlovrd in our cars witli such extraordinary emphasis? If it is right lor us to act now in the way they propose, Avhut will excuse them lor not pursuing the same s)-stem dien ? Was their political vision darkened hy the eminence on which they stood ? And does it require the ordeiil of adversity to open their eves to a true sense of tlicir country's honor and interest ? I^et them answer to their constituents, to their consciences, and to their C^od. An aniicahle explanation was had with Snain, and our wrongs v.'ere satisfactorily redressed. This took place in the administration of jNIr. Adams, and when most of the honora- ble gentlemen who support this war resolution, except such as were d;mgling in the covu'ts of Europe, held prominent sta- tions in the coimcils of the countv}". Our diflerences with France were of a more serious na- ture, and of a longer duration, Tiiey commenced in the ad- ministi-ation of jNir. Washington, and were adjusted in that of his successor. Great and enormous depredations w'ere committed upon our commerce by France, and our meixhants were fraudulendv robbed of compensation for provisions sup- plied her in the hour of distress. The treaty and consular coiwention were violated. The right of embassy, a sacred righ.t, respected even by the ferocious savage, was wmitonly trampled upon ; and the representative of our national sove- reignity was refused a reception, and igiiominiously ordered out of France. A fresh attempt at negociation was made tliree ministei-s were sent, armed with all the powers, and clodied with all the honors of diplomacy.. ..They were also re- fused a hearing, and were forced to leave the country without experiencing tiie forms of common civility. The treaty was then annulled, and reprisJlls directed ; :md when the honorable gentlemen and tlieir friends, then in power, had worked up the passions of the nation to tlie highest pitch of exasperation ....when war, bloodv war, was expected from all quarters.... when the war-worn soldiers of the revolution were girding on th.eir swords, and preparing to stand between their country and the danger that menaced her, tlie scene suddenly chimged ; the black cloud passed away ; and we again beheld three mi- nisteT"s at Paris, extending the olive-branch, burning all ani- mosities, and retiu-ning witli a treaty of ''j?r.*?i, inviolable, r.v?rt of a rrnall minority, vre will alienate the aftections, ruid lose the coniidence of our best friends, who will certainly desert us when we desert the laudable principles wliich ought, alone to entitle u; tc their C5tcca:i and attachment. ( 55 ) If negoclation si lull prove successful, and ofiliib I have iio doubt, all the evils resulting from WLir vi'.l be averted : If, on the contrary, it shall evcatuiite unlbrtunately, and wt sliall be compelled to lace all consequences, and risk all dan- gers in the maintenance of our national honor and national rights, great and abundant advantages will still result from the pursuit of this course, and we will be enabled to appeal to the sword, with a full conviction of the justice of our conduct ....with the unanimous sullVage of our country, and to the perfect satisfaction of the world. In the mean time, we tan form some necessary preparations, and we can ascertain the feelings and bearings of foreign governments. Every day of procrastination will find us better prepared, and will give as more people, more resources, more treasure, more force.... with less debt. Our national character v/iil stand h.igh lor moderation and justice ; our own citizens, and foreign na- tions, will entertain but one opinion on the subject ; and we can then confidently appeal to that great and good being, who holds in his hands the destiny of nations, to smile upon our cause.*. .but, if in the inscrutable decrees of his providence, it is ordained that \vc must perish, we will at least fall with dig- nity, and maintain our character when we lose our existence. Mr. Dayton rose to answer the interrogatories which had been so vauntingly put by the lionor?ble member irom N. York, (Mr. Clinton,) He had asked, Where were those gentlemen, \A\o now advocate these strong resolutions, in tliat day when the British were conimitting their depredations upon our property, so lately as in 1 7 94 f For one, said Mr. 'D. I can answer. I was at my post in the other Iiouse, Rnd the advocate of measures as strong, nay, stronger than those now proposed. I believed then, as I now do, that if the appointment of an envo\' extraordinary could be follo^red by preparations for war in case of failure, it would contri- bute, not merely to the success of a negociation, but also to the goodness of the terms. Why did not the gentleman from New York carry his enquiries back to the far more gloomy and trying times of 1 TjC) ? Had he asked where we then were, said Mr. D. I could have told liira that we, or some of us at least, were employed in liis own state, upon the interior fron- tiers, defending the very people whom he now represents, from the irruptions of savages, and the devastation of an ene- my. Where was then this honorable interrogator himself : Doubtless in some place of safct}', perhaj5S dano;l:ng on thr knee of the mother, or probably still in the egs^-sliel!. ( 56 ) To what do all such questions tend ? Certainly not to elucidate the subject, nor to conciliate parties. The long list of extracrdinaries^ with which the honorable gentleman from N. York had introduced his argument, must have'excited the ex- pectation that his speech would partake of the same quality. Severe in his strictures upon declainiers, his own language was that of declamation. ...reprobating asperity in debate, on the part of others, he had indulged himself in a style little decorous or becoming, and exhausted against his opponents his full cup ol bitterness. He had declared, with a boldness of assertion liot unusual to him, that the resolutions under consideration, contained declarations of war : But this was not the fact : They were merely intended as preparations for an event Vv'hich some regai"d as inevitable, and all believe to be too proba= ble. They went, indeed, to shew, so far as declarations could do it, that the legislature of the country know our rights and will defend them, and that those of die most dis- tant of our citizens are as dear to us as the nearest. For the people of the v/estem country, said Mr. D. I have long enter- tained an affection. This affection has not been confined to professions only ; for during the twelve successive years for which I have had the honor of a seat in the two branches of the national legislature, my votes will shew that I have been uniform in my exertions to promote the security, growth, and happiness of that people. I have, indeed, regarded them among the most meritorious portions of our citizens, because to them, we v/ho sat in ease and security, were indebted for extending our settlements into the wilderness, protecting an exposed frontier, and for enhancing the value of our territo- rial possessions ; and because, but for them, but for their en- terprize, their courage, and their industry, the waters of one of che finest rivers in the world v/ould still flow useless to the ocean, or at least, without use or profit to the Atlantic states represented on this floor. These facts acknowlegcd, I ask whether Ave are not bound by the strongest moral and political obligations to make v/ith these people a common cause, to feel their injuries as our own, and to avenge insults ofiered to them, as it directed immediately against ourselves. What is their present situation? or rather let me ask, what arc their grievances and complaints, and v>/hat have v/e done to redress them ? The state of that country has been depicted by the se- nator from Penns}lvania, (Mr. Ross) in colours high indeed, and lively, but most true and just. Whilst he proved that he felt for his brethren and remembered them,..,.whilst he des- ( ^r ) cribed tlieir wrongs and suHcrinjj;'; in language the most ani- mated, glowing, and impressive, he did not forget the tem- per which beciime him as a senator, nor the great line of policy which, as a represcntativeof the whole Union, it behov- ed him to regard. He told you, sir, what indeed you hear with every western wind and western n^iUil, that the great and only outlet for the productions of nearly half a million of people, was closed upon them, or placed under such prohibitions as to render the navigation of the river almost useless, and that unless immediate relief were aiibrded ihem, their property would waste and perish on their hands. Their only resources for pajdng their obligations to the public, and their debts to individuals, vrould fail, and the little real property they had acquired, would be sacrificed to make good the deficiency. These, sir, are not imaginary evils, but real : they are not confin- ed to the inhabitants of the western v/aters, but extend, in their effects, to every part of our country. Allow me here to give a faint idea of the importance of the trade of that country, by reading extracts from a communication made to me, from a source in vv^hich I confide, and which is in a great measure drawn from official documents. [Here Mr. Dayton read a paper to shew that three articles only of American produce, entered at New Orleans in 1801, (as taken from their custom-house books) amounted to one million, six hundred thousand dollars. These were cotton, tobacco, and flour ; and that the other nine or ten principal articles of export from thence, in that year, would have swelled the whole to nearly four millions, but now would certainly exceed it. It further appeared, officially, that from the 1st February to 10th June, 1802, 150 vessels of from 100 to 300 tons, cleared at the custom-house of New Orleans, and that 80 vessels more of from 200 to 300 tons were necessary to take off the produce then In store.... That the state of Tennessee produced one fourth, or one million of it.] Thus then we see, said Mr. Dayton, that property amounting to four millions, annually exported in the first six months of the year, is to be embargoed at the will of a foreign government, or the caprice of a Spanish intendant, or, if per- mitted to pass at all, permitted vider such restrictions and im- positions as to take away all the profit of transportation, and render it scarcely worth the raising. What have we done to remove the obstruction, and re- dress tlie wrong ? We have t>ent a miniate r itcnerantfrQm Pans ( 58 ) to Madrid^ and from Madrid to Paris, to negociate upon the subject. There may be precedent for this : there may be courtesy in the measure ; but what are precedents, what are the forms of comtly pohteness, to an injured, an outraged, a starving people ? I have thus far confined myseh^, said Mr. D, to the in- jury, as relating to the interests of the countiy ; but is nothing due to the digniti/ and honor of the nation most grossly insult- ed by the act ? Let them who will be the dupes of the artful, insidious insinuation that it is an unauthorized act, an irregu- lar proceeding of a subordinate officer of a government which can punish, with banishment or instant death, the smallest diviation from duty. I do not believe the tale : I never be- lieved it : and a late official act must undeceive all, whose minds are not shut to the impressions of truth. A late pro- clamation issued from Baton Rouge, a Spanish port 150 miles above New Orleans, prohibits all intercourse between Spa- niards and Americans. Our people descending the river, in pursuit of lawful commerce, are forbidden to buy an egg or a mess of salt, or any comfort of life, from the possessor of the banks, in the long, dreary distance of 270 miles. This proclamation is issued from their highest post, that it might ex- tend more certainly and rapidly into eveiy settlement ; and thus our brethren, without provocation on their part, are cut off from those comforts, which in all countries are granted to all but open enemies. Will gentlemen call this also the unau- thorized act of a Spanish intendant ? The irregular proceeding of a commandant of a Spanish post, or petty lord of Grandpre i This act was more offen3i\e and more insolent than the other, because it inflicted upon us a more serious injury, v/ithout the slightest pretext of benefit to themselves. Sir, said .Mr. D. there was a time, when, if the poorest individual among us could say to his brethren and his govern- ment, " / am an American citizen, and have been insulted as siich,''^ he would have been listened to with interest, and poor and humble as he might have been, the dignity of the country would have been considered as in some measure represented and attacked in him, and its spirit roused to resent the insult. But there is a ti?ne, when, I fear, we are about to turn a deaf ear, or at least to listen with apathy, to the injuries inflicted upon half a million of our citizens, and the insults offered to the whole nation. I will not say that we are about to act as if honor, rights, and dignity may be graduated by a scale of cents and dollars, and even our liberties and independence have their price j but I will freely say, that tame submission to a ( 59 ) single insult, leads, imperceptibly, to such a result.. ..inevita- bly, to degradation.. ..and necessarily to ruin. It has been fashionable of late, Mr. President, with cer- tain gentlemen, who make a boast of their ovv^n loyalty, to charge us, who compose what is called the minority, with hos- tility towards the administration, and a \'/ant of confidence in the chief. Without deeming it necessary to deny or admit, in argument, such charges loosely made in the wantonness of debate, we are now prepared to submit ourselves, with them, to the touchstone of acts. If they believe that we distrust the management of our affairs, they will give us the more credit for sacrificing all personal or party considerations, when the good of our country requires unanimity. We are prepared to delegate the power and ihe means to defend, assert, and enforce our rights, to those hands which are pointed out by the constitution, as the proper depository of so great a trust. These resolutions are not absolutely imperative : the President may either use or forbear to use them, as he may think best for the public good. They amount to no declara- tion of war, but may save us from that calamit}^, by authoriz- ing preparations for it. They cannot injure, but may aid your negociation, and will show to our own countrymen, as well as to the world, that our reliance is placed, not- on th« soft glittering metals of Mexico and Peru, but on the harder metal of our ov/n mountains. Mr. Cocke. Mr. President, the gentleman from New Jersey has said, that my friend from New York had furnish- ed a dish for every palate. ...the gendeman should except his own, for it seems not to agree with him ; his dish has been long filled v/ith very different ingredients ; he seems to have no relish but for war, havoc, and destruction... .his constant food has been standing armies and strong naval establish- inents, with the offices and contracts attached to them. But how can the gentleman, as a lawyer, pretend to be so igno- rant. (Mr. Dayton exclaimed that he was no lawyer, nor never was.) The gentleman, he had always understood to be a lav/ character, but it was very certain, he was no politi- cian ; his experience, however, could not have left him ig- norant of the meaning of the resolution.... for he must have known that the words maij and shall are often considered in law as of the same force, particularly where they are used in defining authority to public officers:- the resolutions, in this sense, would leave the executive no choice, but would make it, as it were, his duty to go and take New Orleans* ( 60 ) The gentleman from Pennsylvania has paid very higli compliments to that parr of the country which he had the ho- nor to represent : He tells us of our militia, of our spirit, and of our tam.ing the wilderness: but v/ith all this eagerness for invasion by our militia, he does not offer us a single man from his ov."n state. ...he cannot ta^ce upon him to say the people of Pennsylvania approve so much of his opinions as to go a sin- gle step with him, though Pennsylvania is as m»uch interested in this business as we are. As to confidence in the administration, he was one of those v>'ho was readv to repose all proper confidence in the executive ; not under pretences of this and that and t'other kind, but from real respect and knowlege of the executive for 50 years past, in the trying times of 1776, and in all the trying times that follov/edv The mover of these resolutions tells us, that our attempts at negociation are chimerical, as the wildest project of the human imagination, and he adds, that the insults which we have suffered are such as no other nation ever submitted to ; v/hile the gentleman from New Jer- sey, (M. Dayton) advises to go and drive out the people from N. Orleans, or we lose our advantage ; the gentlem.an from Delaware, (Mr, White) he v/as sorry to hear indulge in unbecoming expressions towards Spain. ' Speaking of that country, he tallcs of the shiggish Spaniard, whom we may easily overcom.e..,. Were there modes of argumicnt or debate consist- ent or decent in this sena-e ? For his part, he did not v/ish to assail the t^^rritory or the rights of any nation, nor to abuse their characters ; but it is the more extraordinary when those gentlemen al the srime time tell us that it is France that sets the Spaniards on, and that we are afraid to look the hero of Italy and France in the face. Perhaps those who accuse us thus of fear would be the first to hide their faces from real danger.. ..it is not boasting that makes the patriot or the man of courage ; it is coolness and resolution. We do not fear the hero of Italy, or any other hero, but we fear the effects of war, of an unjust and rash v.^ar. ' We are told, that within a fev/ years our western coun- tiy, from being the seat of wild beasts, is covered with popu- lous tov/ns and cities.. ..that the country, redeemed from a state of nature, has become civilized and covered v^ith culti- vation, and a people enjoying peace, happiness, industry, and commerce ; and that their industry is obstructed. All this is admitted, and the evil allowed to be a serious one ; but do we countenance or approve of it.. ..do we encourage it? No, C 61 ) 5ir, Vv"e are as much opposed to this conduct of the Spanish intendant as gentlemen can be, perhaps more seriously so, JBut suppose we were to agree to arm, would we be prepared, even it" we were to begin now, before we can have advice from Europe, and the whole rectified without us. Suppose our militia march to N. Orleans, what would they find there ? A grave for the majority of them. The precious boon of health is very scarce there. ...and our hardiest woodmen from Kentucky and Tennessee, would soon find the climate too much for them. It was somewhat surprising to him to find gentlemen op- posed to the measures of the executive nov*', who advocated similar measures on a foniier occasion. The gentleman from Pennsylvania was one of those who voted for the British trea- ty.... and he was a supporter in the senate even for the treaty A^hich granted a tribute to Algiers. ...and in both those treaties the principle is laid down, that no hostility shall be commenced without a previous complaint or declaration. Then if this conduct was wise and just tov.'ards the Barbary powers, it must be so v/ith Spain. Why should not enquiry take place here, when we have the best reason to think the act that of an individual alone ? The gentleman undertakes to answer for the western people, and tells us that they are ready to assem- ble, sword in hand, and go down the river and take New Or- leans. We were told on another occasion, that vvhen they would go down, they must be defeated, and that the conse- quence vrould be, that they would make terms for themselves, join the French, and become our inveterate enemies ! This is the way my constituents are complimented by gentlemen who wish to be considered as their friends. It was surprising that those gentlemen who had never been in that part of the coun- try, and who pretend to know so much about them, should know every thing but what their representatives know to be the truth. But, sir, these frightful spectres have been pre- sented to us in so many shapes, and on so many occasions, that they are no longer calculated to frighten us.. ..and when- ever gentlemen are at a loss for arguments, we look for them with as much certainty as for rain from the clovids. Sir, we do not wish for war in the western coimtries,... we sincerely wish for peace and good neighborhood ; the Spaniards our neiglibors appear to be a friendly, candid, honest people ; we do not seek a quarrel with them : but if their go- verament siiculd do us wrong, we do not want the spirit to do ourselves right at all hazards.. ..but without that injury, there is no spirit to do them wrong. But whenever the gentleman, ( 62 ) (Mr. Ross) feels his blood warm, the nation must go with him to war, or the national honor is lost.. ..and in this spirit he tells us that negociation must fail. He thought that even if negociation should fail, then the whole national spirit would be roused.. ..and we should go to the assertion of our rights with the greatest effect. But it is said, that when we return home we shall be told that our conduct has been mysterious, that wc have discussed the public affairs with closed doors, that we do not trust the people with their own affairs. ...and that they would trust us no longer But, sir, we have no wish to keep any thing secret from our constituents. ...he had their unanimous confidence, and the only fear he ever felt, Avas, lest he should not be able to discover what was their best interest. He knew the people would speak in a manly tone to their representatives, as well as to their adversaries, and if their representatives conduct themselves improperly, thev will dismiss theni....neverthe- lesss, if a question arose between his sense of duty and an ap- prehension of that kind, he would do his duty, because the people would in the end approve of his conduct. But why- does the gentleman so much complain of closed doors, did he suppose any one in that house entertained apprehensions of his persuasive powers ? He, for one, thought very little about it. It did not excite his sympathies any more than the metal of Mexico, or of our mountains.. ..he was neither afraid of the thunder of his eloquence, nor solicitous for the plunder of the Spanish mines ; if real causes for v/ar arose, he should not expect to see those now so eager for wanton attack in the front ranks. To those then who ask, will you preserve peace where there is no peace, he would reply.. ..that is not the question ; the true question is, will you have war where you may pre- serve peace ? Gentlemen want to know, what is the executive about t Why do they not go and ask him he has no re- serves, he will tell them without disguise., ..that he is solici- tous to preserve peace if possible, and if that is not to be done, then to defend the country and assert its rights with the ener- gy and dignity becoming an independent republic. The gentlemen, in order to shew us how very kind they will be to us, say, that if we will only go to war with Spain, that thev will be our pledges to the Avestern people, and that their friends in the other house,, and out of doors, would do the same. Why this is very generous of them, and is the more remarkable because it is an uncommon thing with them. But it is very certain that we do not stand in need of their ( 63 ) pledges, nor of their assistance. On former occasions tlity did not display any of this liberality, and he could not help sus- pecting their sincerity now. He was against war on any terms but necessity or defence, if there is no alternative he would go into it as heartil)' as any one. But he had seen war, the war of our independence, and he was averse to a renewal of cala- mities such as were then suffered. Where were the Mara and Jupiter of the present day in those times that tried men's souls ? Where were they when our wives and children were delivered up to massacre ? The thunder of Jupiter was then never heard of, and Mars himself was most probabl}- asleep with Bellona....He was averse to war from the example which we had very lately, of the oppressive consequences oi a dispo- sition to war, those oppressive taxes and heavy debts, and un- popular laws which we had been saddled with.. ..which wc have since repealed, and he hoped never again to see revived. Mr. J. Mason (of Massachusetts) did not expect to throw much new light on a subject which had been so ably dis- played by the mover of the resolutions ; he had formed his opinion from mature reflexion, and every argument he had heard offered against the resolutions, only tended to confirm the opinions he had formed in their favor. They had been dubbed war resolutions ; but he could not discover any thing of war in them. ...on the contrary, he considered them as en- tirely of a pacific character. What do they purport : " Resolved^ That the United States of America have an indisputable right to the free navigation of th.e river Missis- sippi, and to a convenient deposit for their produce and mer-« chandize in the island of New Orleans : '' That the late infraction of such their unquestionable right is an agression, hostile to their honor and interest : " That it does not consist with the dignity or safety of this union to hold a right so important by a tenure so uncer- tain : " That it materially concerns such of the American citi- zens as dwell on the western waters, and is essential to the union, strength, and prosperity of these states, that diey ob- tain complete security for the full and peaceable enjoyment of such their absolute right ; " That the President be authorised to take immediate possession of some place or places, in the said island, or the adjacent territories, fit and convenient for the purposes afore- said, and to adopt such measures for obtaining that complete seciu-ity, as to him, n his wisdom, shall seem meet : * ( 64 ) "" That he be aadionscd to call into actu?.! service any number of the militia of the states of South Carolina, Georgia, Tcnnehisee, Kentucky, and Ohio, and the Mississppi territory, ■ which he may ihigk proper not exceeding 50,000, and to em- ploy them, together with the naval and military force of tlic union, for ciTccting the object above mentioned, and that the sum of five raillions of dollars be appropriated to the carrying into effect the foregoing resolutions, and that the whole or any part of th?t sum be paid or applied on warrants drawn in pui-- suance of such directions as the President may ircra tnne to time think proper to give to the secretary of the treasury." Is this not ti'ue, do we not agree in this unanimously, vv'ill any member of the senate deny it.. ..Is not our right to the navigation of that river a natural and inviolable rigiit ? It is not a ixivor granted to us, but is derived from nature itselt ; the treaty indeed describes tlie niiddk- of the river as our bonndar}', but is it not perfectly free ? What objection then can be made to this resolution ? - What does it further say, that we have an unquestionable right of deposit at New Or- leans ; have v/e not that riglit ? It does not say that we have a right to the territory, but no man can controvert our positive and absolute right to the deposit of our commodities in that territory for ever ; it is a right unlimited for ages, and the written instrument under which it is established can never be done avv^ay v/hile the two kingdoms exist.'^ It is further de- clared that this right is important ;....can this be denied? nor can it be said to be exclusively important to the people in the immediate vicinity of the Mississippi, for it involves directly or indirectly, the whole of the stcUes...'.it involves their inters nal trade, and their credits on the Atlantic side of the un on, and it imposes on the people by diminishing the value of their produce ; upon every principle of right and safety the resolu- tions are supported. Some gentlemen, nevertheless, doubted that this infrac- tion of treaty was authorised. He did not enter into this spirit of doubt, he had no doubt that it was the autl^orised act of either France or Spain. It is now from twelve to eighteen months since the rumour of the cession of Louisiana has pre- vailed, and no authentic information on the subject has ever been furnished to the people of the United States ; con- tradictory rumours had also gone abroad, but to this moment we are in a total state of uncertainty on the subject. Kcw then * Tlie exact words of tlie speaker. ( 65 ) are wc to account for this secrecy ? If Spain determined to deprive us of a right, would she inform us of it by a message? No, she would pursue exactly the conduct she has done. I'he Spanish minister here, indeed, says, that the act is not autho- rized, or he should have been informed of it. The plain meaning of this is, that he is not sufficiently informed. The period at which this infraction took place affords strong pre- sumption of the motive and design. It took place at the mo- ment when the French thought they had completely overcome the blacks, and restored the island of St. Domingo to obedi- ence ; they had determined diat the subjugation of that island should precede the attempt upon Louisiana, and in the mo- ment of their imaginary triumph, they commenced their ope-' rations at New Orleans, by the suspension of our right. As to the assertions that Louisiana will be ceded, or is ceded, with a special regard to our limits, he did not regard them.... they were evidendy made only to lull us. The next resolution authorized the President to take possession of New Orleans. This may at first sight have the appearance of war ; but if gentlemen will only call to mind their own declarations, that our right is indisputable, then the aggression has been against us. This point is essential to a fair consideration of the case. If, then, they have committed an hostile act, if they have deprived us of a natural and conven- tional right, if they have broken a treaty, does there any question remain but as to the means that ought to be employed to recover it ? On this point the senate is divided.... there are two opinions ; one for negociating to have the right restored ; the other, to possess it without delay. In the choice of one or the other of these recourses, he had no hesitancy ; for pos- session will be the best guarantee to negociation. Without that possession, negociation must be a work of time, and al- wa}'s at the mercy of diplomatic procrastination. What will be the situation of the country in the mean time ? The impor- tation ceases, and the export stops.. ..the western people will say that the hand of government, intended for their protection, is withheld from them, that we want zeal, and avoid justice in their cause. Spain and France know the vv'estern country as well as we do ; they have an intimate knowlege of it ; their able men have visited all parts of it. Instead, therefore, of supplicating them, they should be put in the situation of sup- plicants to us ; the inhabitants of that vast tract confide more on the United States than they do on France or Spain. We arc therefore taking the most safe and certain measures.. ..it is K ( 66 ) the opposition, Mr. President, who are in favor of support- ing the executive, and not those who profess to be its friends* What, sir, is the language that France will hold to you, if these resolutions are not carried ? The first consul will say. Why do yo supplicate me, aiid what regard should I pay you ....you are a divided people, parties are nearly balanced among you, what are your complaints to me ? But gentlemen say, the step recommended would be an invasion of their territory, but surely this is not a greater wrong than the invasion of our rights....we do not go to make ourselves masters of the soil ; our only object is, to hold them as a pledge for the security of our rights by treaty. Gendemen had referred to the trans- actions at Nootka Sound, bet\7een England and Spain. If he were to quote any case in preference to another, in support of the resolutions, it wovild be that. iThe British landed at Nootka, they erected a fortification, and what did the Spa- niards do ? They did not wait the tardy course of negociation ; they went with a force, attacked the settlement, and broke it up ; and when they had taken this precautionary measure, they agreed to negociate, and the effect was favorable as it was honorable to the spirit of Spain. The best w ay to nego- ciate is with the alternative visible ; if we should send by Mr. Munroe the account of our entering and holding the pledge of New Orleans, he might go to France or Spain with double confidence. If the whole province of Maine were invaded by an enemy, it would not be of so much importance as the stoppage of that river ; if that was taken, or if the island of New York was in possession of an enemy, would we w^ait to negociate ? The aggression is on their part, and the conse- quences they alone ought to be accountable for. . The resolutions he did not consider as imperative on the executive ; but if gentlemen were desirous of so altering the phraseology, as to render them more explicitly optional, he was willing to accommodate them., and to leave it in the breast of the President to take possession or not, as the exigency may require. ...money and men are offered for his use, and he may use or not use them, according to his own judgment. In the course taken, we are piu'suir.g a shadow. ...we are in truth sleeping under injury. War was certainly a serious thing, but all nations have been obliged to resort to it.. ..it produces an energy in the human character, which never exists without it ; what v/as the effect on our own country, under a strong, sense ot injury.. ..and at a time when we were so many de- gjrees inferior in numbers and resources to what we are at ( er ) present ?....Atthe commencement of our ovv'n revolution, wc had scarcely any resources, yet armies were raised, arms and arsenals provided, and we triumphed over the most powerful nation then in Europe. We suffered some evils, in the loss of many brave and valuable men ; but even in that loss we had the consolation, as it produced an energy, a heroism, that will immortalize them to the latest posterit}% It has been insinuated, that such a step would alarm foreign nations.... But turn your attention to the immediate consequences. It would be impossible for us to be involved in a rvar xvith France or Spain without having the navy of Great Britain on our side ; necessity and the wisest policy woidd unite us^ and xve should bid defiance to all the maritivie powers. But on the other hand, is not France as desirous of peace as any nation can be, is it not her interest to be at peace, seeing the immense conquests which she has made and secured ? Do we not also know that Great Britain feels an eternal jealousy of her rival, and is she not this moment interfering, not to rescue her own territories, but to preserve the territories of others from being devoured. He was, upon the most mature examination of the subject, in favor of the resolutions. ...and against the amendments. General J. Jagkson, (of Georgia.) Coming from a state, at the extreme of the Union in the south, and excepting the states immediately interested in the navigation of the Mis- sissippi, the most concerned on the present occasion, of any in the Union, he hoped it would not be deemed improper in him to oifer his sentiments on the resolutions before the se- nate ; for, sir, no event can affect the settlers on the Missis- sippi, no change of masters can take place there, without the shock being felt on the frontiers of Georgia. The nation which holds Nev/ Orleans must eventually possess the Flori- das, and Georgia cannot remain an indifferent spectator.. ..in case of war, the blow struck on that river will be vibrated on the Saint Mary's, and the attack on the one will be seconded by an attack on the other. The gentlemen from Kentucky and Tennessee have not those fears expressed by the gentleman from Pennsylvania ; they have declared their citizens satisfied with negociation in the first place, and the conduct pursued by the executive.... He could say the same, as respects the citizens of the state he represents, and begged leave to read a letter on the subject, fiom a respectable gentleman of (ieorgia, applauding the ap- pointment of Mr. Munroe. \^He here read a letter express- ing the approbation generally expressed at the nomination.'] ( 68 ) That there has been an indignity ofRrod to the United States, by the Spanish governmoni of New Orleiins, he should not deny ; so lar, he joined the gentlemen on the other side, as not only to declare that sense ot' it, but to assort that the withdrawing the rigiu of deposit, given under tlie 4tli article of our ti-eaty with Spain, concluded at San Lorenzo ei Real, priorto the pointing out another place for that purpose, is such a violation of our right, and such vm insult to the dignitv of the nation, as ought not to be put up with in silence. We ought, we are bound to demand a restoration of that right, and to secure it to our western citizens, let the risk be what it may, if it even extends to life and fortune. He cordially agreed with the gentleman v.ho had preceded him, (Mr. Z\l.s. fios) that it is a momentous subject.. ..but could noc consent to go at once to war, wi:hout trying in the hrst place, every peaceable mode to obtain redress. But tile gentleman sees no war in the resolutions of the gentleman from Tennsylvania, (Mr. Ross.) He could not agree widi him on diat point ; let us examme them, and it will not only be found tlvAt they contain Mar nuasures, but that pait ot the premises on which we are Ciilled upon to go to war, ro-e not fomuied. The first part of the resolutions declares, That the United States have an indisputable right to the free navigation of the river :Mississippi, and to a con^■enient place of deposit ior tlicir produce and merchandize, in the island oi New Orlci-ns. Now, sir, the former p;\rt of tills resolu- tion is not itilectcd by any proceeding-s of the Spanish govern- ment. Vou are as perfectly in possession of the riglit as vou ever were.. ..your vessels are at this moment freelv navig-ating that river... .you have not heiu-dof a single interruption....rou have not learat that the Spaniards, so ihr from interrupting tliat ra\-igation, have ever doubted your right. "Whv then, sir, resolve on the assertion of rights which are not question- ed, but of which you are completely in possession. He could compare it to no odier case diau tliat of a man in private life, in peaceable possession of his house, resolving on and pubUsh- uig his own right to it, and thereby rousing the suspicions of his neighbors to doubt his title to it. Passing over the latter division of the first resolution, and ^\hicK h.e acknowleged to be the fact, let us consider the second proposition, " That the late infraction of such their unquestionable right, is an ag- gression hostile to their honor and inteit-it.'' Sir, after a de- claration of this kind, can vou retract ? You cannot ; it is in fact a declaration of war itself. :Manv of the courts of Eu- ( <'>9 ) rope would consider it so, and have engaged in war for less cause of offrncc than this resokition contains. You pronounce at once, without knowing whedier the proceedings at New Orleans were sanctioned by the court of Spain, that, that na- tion is in a state of hostilit)' against your honor and interest, which declaration, coupled with the following resolution.... " That it does not consist widi the dignity or safet\' of this Union to hold a right so important by a tenure so uncertain," is a direct insiJt to that nation. But if war is not to be found in those rcsoluilons, is it not in the fifth resolution, " That " the President be authorized to take immediate possession *' of such place or places m the said island, or the adjacent " territories, as he may deem fit or convenient.'" is this not war? If it be not, he knew not what war was ! And now let us enquire, if we should be justified in adopting those mea- sures, on the grounds of public or private justice, or the laws of nations. Sir, The going to war has always been considered, even among barbarous nations, a most seriotis thing ; and it has not been undertaken without the most serious deliberation. It was a practice among the Romans,^ prior to undertaking a war, to consult the Faclales on the justice ef it ; and alter it had been declared just., to refer it to the senate, to judge ot the poUcij of it ; and unless the Justice and the policij were both accorded in, the war was not undertaken. It this was the case then, among barbarous nations, shall we who call ourselves a tivilized nation, not well weigh the justice and the policy of going to war, before we undertake it. Two gentle- men who had preceded him, (Messrs. Breckenridgk and Clinton) have read some passages on those points, from the law of nations, and he begged to be indulged in reading one or two more ; they are from Bitrlamaqui, 2d vol. p. 264, ch. 4, of those things which ought to precede w..r: "• However just reason, sa\ s this author, we may have to make war, \et as itinevitably brings along with it an incredible number of ca- lamities, and oftentimes acts of injustice, it is certain that we ought not to proceed too easily to a dangerous extremity, which may perhaps prove tatal to the conquertr himself. Sup- posing the reason of war is just in Itself, yet the dispute ought to be about something of great consequence ; since it is belter even to relinquish part of our right, when the thing is not con- s'derable, than to have recourse to arms to defend it.".... Again, " We ought to have at least a probable appearance of success, for it would be a criminal temerity to expose our- ( ro ) selves to certain dcstniclion, and to run into a greater in order to avoid a lesser evil/' " Lastly," ssiys this writer, " there should be a real necessity for taking up arms ; that is, we ought not to have recourse to force, but when we can employ no milder method of recovering our rightj or of defending ourselves from the evils with which we are menaced. For, as a sovereign ought to take particular care of the state, and its subjects, he should not expose them to the evils with which war is attended, except in the last extremity, and when there is no other expedient left but that of arms." What is our course then to pursue ? Is it to go immedi- ately to war, without asking for redress ? By the law of na- tions, and the doctrines of all writers on them, you are not justified until you have tried every possible method of obtain- ing redress in a peaceable manner : it is only in the last extre- mity, when you have no other expedient left, that a i-ecourse to arms is lawful or just; and he hoped the United States would never forfeit her character for justice, by any hasty or rash steps, which she may too late have to repent of.... v/ hen she can have recourse to another method which may procure a redress of the wrong complained of. Let us now look to the policy of adopting those resolu- tions, which must inevitably involve the United States in v/ar, and stir up the jealousy of European nations. They watch you already with a jaimdiced eye, although the nation is in its infanc)'. Yes, sir, our nation is as it were, in comparison with other nations, an infant ; but it is a Hercules in its cradle, and they know it ! They Avill seek every means to check its i-apid, giant-like gi'owth ; and they will seize on every occa- sion to curb it, if they perceive any serious evidences of its ambition. Your taking possession of New Orleans would afford such c\idcncc ; it ^vould rouse them. ...they would be. alarmed for their own possessions near you, and would com- bine to put a stop to your cai-eer. Would it be honorable then, sir, to retrace your steps after you have taken posses- sion ? Would it comport with the national honor and dignity we have heard so much about? He need not answer the question. To induce us to seize the present moment in taking pos- pession of tlie island, an honorable gentleman Irom Delaware, (Mr. Whitk) has told us, that if we delay the present mo- ment, we shall not meet a weak, an inanimate enemy.. ..the sluggish Spaniard.. ..the slave of France.... but the bayonets of the invinc iblc band of French grenadiers ! Sir, in such ( rt ) a hostUe pi*oceeding, as we. are called on to adopt, he believed that even the sluggish Spaniard would be roused from his slumber, and join in the cry against us. An honorable gentleman, the n\over of the resolutions, informed us the other day, That by negociation, you would not only take away every chance of payment of the spoliations 01- our commerce by Spaii], from the merchants ; but you would also take away all abilit.)' from the Western people to pay those merchants what they owed them at home ; whereby they would be double sulferers.... Shall we reverse this pic- ture, and see how the merchants would fare if the resolutions were to be adopted?.. ..Sir, they would be received as a mea- sure of decided war, a perfect war manifesto ;....and the pro- perty of your merchants, their ships, their merchandize, that are scattered over the globe. ...they would be embargoed in every port of France and Spain, and captured in all direc- tions. ...The capital of your merchants would be destroyed, and the hopes of redress for former spoliations be destroyed with it ; and then we should be little nearer the main object of redress, as to a place of deposit, than we are at present.. ..on the contrary, a negociation will place your merchants on their guard, they will watch its result, and afford them an opportu- nity to secure their property. Sir, as to national honor and dignity, he believed we have all a proper sense of it, and he v/ould be one of the last on this floor to put up with insult and indignity from any na- tion ; but, sir, as much as wc have heard of it, he did not think we ought, without negociation, to resent even' injiuy by war. In many cases, sir, national honor is only a converti- ble term for national interest, and he begged leave to relate an anecdote of a celebrated soldier on this head. After the failure of the atten^pted storm of Savannah, in the year 1779, count D'Estaing, who was wounded in the attack, and lay in that situation about five miles fi-om Savannah, was visited by governor Rutledge and other gentlemen of South Carolina and Georgia. 1 he governor having perceived some move- ments in camp indicative of a retrograde motion, told the count that his own honor and the honor of France were con- cerned in his remaining and taking the city. The count Very naildly replied...." Gentlemen, if my honoris to be lost " by not taking the city, it is lost already ;....but 1 deem my " honor to consist in the honor of my country, and thatlionor " is my country's interest !".... The time of operation in the West Indies was arrived, and the count re-embarkod his troops. ( r2 ) Now, sir, is it not our duty to coRsuIt our country's in- terest, before we take tiiis lash step, which we crainot recall ? peace is the interest of all republics, and war their destruction ....it loads and fetters them with debt, and entangles not only the present race, but posterity. Peace, sir, has been the ruling policy of the United States through all her career.... If we shew the citizens that we are not willing to go to war, and load them with taxes, they will all be with us when a necessity for war arrives. What, sir, was the policy of America, from the commencement of the revolution ? At that day, did we hastily go to -war ? No ; we tried every peaceable means to avoid it, and those means induced a unanimity in the people ^...At the commencement many states wei'C exceedingly di- vided, in some a majority were against us. ...yet, seeing the moderation and justice of our measures, and the rashness and tyranny of the British cabinet, they came over to our side, and became the most zealous among us. ...At the present moment, sir, the people are averse to war, they are satisfied with the steps of the executive, they wish negociation....if you adopt those resolutions, they will be still divided. ...if you negociate, and fail in that negociation....if you cannot obtain a redress of the injury which they feel as well as you, they will go all lengths with you and be prepared for any event ; you will have this advantrsge, you will be unanimous.. ..and America united is a match for the v.'orld. In such case, sir, every man will be anxious to march, he would go himself if called en, and whethc r the sluggish Spaniard or the French gienadier com- mands New Orleans, ii must fall ; they will not be able to re- sist the brave and numerous hosts of our western brethren, who are so much interested in the injury complained of. He was himself of opinion that New Orleans must belong to the United States ; it must come to us in the course of human events, although not at the present day ; for he did not wish to use force to obtain it, if we could get a redress of injury ; yet it v.ill naturally fall into our hands by gradual but inevita- ble causes, as sure and certain as manufactures arise from in- creased population and the plentiful products of agriculture and commerce. But let it be noticed, that if New Orleans by" a refusal of justice falls into our hands by force, the Floridas, as sure as fate, fall with it. Good faith forbids encroachment on a pacific ally ; but if hostility shews itself against us, in- terest demands it ; Georgia in such case could not do with- out it.... God and nature have destined New Orleans and the Floridas to belong to this great aixl rising empire.... As natural ( rs ) bounds to the south, are the Atlantic, the Gulf of Mexico, and the Mississippi, and the world at some future day cannot hold them from us. Sir, we have been tokl much by the gentleman from Delaware (Mr. White) of Bonaparte, that he is the hero of France, the conqueror of Italy, and the tyrant of Germany, and of his invincible legions. Much as he respected the fame and exploits of that extraordinary man, he believed we should have little more to fear from him than from the sluggish Spaniard. Bonaparte, sir, in our southern country, would be lost, with all his martial talents ; his hollow squares and horse artillery would be of little service to him iathe midst of our morasses and woods, where he would meet not with the chanipaigne country of Italy, with the little rivulets com- mandfed by his cannon, which he could pass at leisiu-e ; nor for- tified cities which command surrounding districts ; but with rivers miles wide, and swamps, mortal or impenetrable to Europeans. With a body of only ten thousand of our ex- pert riflemen around him, his laurels would be torn from his brow, and he would heartily wish himself once more safe on the plains of Italy. What, sir, would be forty or fifty thou- sand French, in those impenetrable forests, to the hosts which would be poured down the Mississippi. But, sir, should Bonaparte send an army of forty thousand men here, and they should not be destroyed by our troops,.... within twenty years they would become Americans, and join our arms.... they Avould form connections ,with our females, intermarry with them, and insensibly change their habits, their manners, and their language. No other people can long exist in the vicinity of those of the United States, without intermixing and ultimately joining with them. The sacred name of W ashington has been unnecessarily appealed to, on this as on iTiany other occasions, and we have been boastingly told that in his time no nation dared to insult us. Much, sir, as he revered his memory and acknowledged him among the fathers of his country, was this the fact ? Was he not insulted.. ..was not the nation insulted.. ..under his administration ? How came the posts detained after the defi- nitive treaty by Britain ? What dictated that inhuman deed to stir up havoc and destruction among us ? Lord Dorches- ter's insolent and savage speech to the hordes of Indians on our frontiers, to massacre our inhabitants without distinction. Were those not insults, or have we tamely forgotten them ? Yet, sir, did Washington go to war? he did not, he prefer- ( 74 ) red negociatlon, and sent an envoy to Britain ; peace was ob* tained by a treaty with that nation. ...he should not inquire at what price. ...but these were the steps taken by him. Shall we then not negociate.... shall we not follow the leading fea* ture of national policy.. ..He hoped we should, and by doing so we shall become unanimous. We are all actuated, he hoped, by one view, but differ on the means. ...let us do jus- tice by requesting our neighbour to do justice to us, by a restoration of our rights. ...let us shew the nations of the earth we arc not anxious for war, that scourge of mankind.. ..that we bear patiently our injuries in, hopes of redress, and that nothing but absolute denial of justice, which will be additional insidt, shall induce us to it. But, sir, if forced to war con- trary to our policy and our wishes, let us unsheath the sword and fling away the scabbard, until our enemies be brought to a sense of justice, and our wrongs are redressed. He apologized to the house, it was a late hour and he would not longer detain them, although he had many more observations to offer on the remarks of gentlemen which have been made on this floor ; that we may be guided in our delibe- rations by prudence as our advanced guard, and determina- tion as our rear, was his sincere prayer, and that the result otthose deliberations may be for the advantage and happiness of our common country. Mr. Tragy rose and moved that the house now adjourn. Adjourned accordingly at half past five o'clock, Thursday, February 24. Mr. Wells (of Delaware) said he had listened yestei- day, with great attention to gentlemen who had opposed the resolutions moved by his honorable friend, (Mr. Ross) froiw Pennsylvania. I cannot say that I expected, but I did enter- tain at least a faint hope they would be able to satisfy us that our fears were groundless.... that the honor of our country was unblemished,.. .its interests not impaired.. ..its safety not en- dangered. But had I a doubt before, it no longer remains : their arguments have convinced me more than ever that we have not a moment to lose. Yet, sir, almost the whole of the present session has passed away without a single measure of defence being adopted. Even now I foresee that these resolutions will be laid aside. I rejoice, however, to find that they are likely to produce one good effect ; they have at last roused gentlemen from the false security in which they have so long reposed. If the resolutions now under discus- . Q 75 } sion do not prevail, I will not refuse to vote for the amend- ment proposed by the honorable gentleman from Kentucky (Mr. Breckenridge.) I prefer the resolutions because they go further and apply the remedy direcdy to the evil : the amendment contemplates the possibility of a failure of ne^ gociation, and makes some provision for such an event. These resolutions have been opposed upon two grounds ; First, It is alleged that the conduct of the intendant at New Orleans is not authorised by the court of Spain. Second, It is said that we are bound by moral obligation to resort to negociation before we attempt to redress ourselves. Did I even believe, widi gentlemen on the other side of the house, that the violation of our right of deposit was the act of the intendant alone, I would vote in favor of these resolutions. I shoulcl still be for going Tlown, and taking possession of New Orleans, and thereby putting in check the power of the intendant, until v/e could hear from Europe. If we are to wait for the result of a negociation just now com- menced, consider the situation of the western country in the interim. Half a million of your citizens are cut off from all intercourse with the rest of the world.. ..every kind of busi- ness there is at a stand... .the farmer's produce is rotting on his hands.... industry is paralized..,. emigration discouraged.. ..the value of their lands diminished.... all abihty to comply with their engagements with each other.. ..with the government of the United States, or with their own state governments, is taken from them. This is an extremity to which I can never consent to reduce them. Let us, rather remove the obstruc- tion tp the navigation of the Tvlississippi immediately : and if in the course of the negociation it should be proven to our satisfaction that the violation complained of was not autho- rised by France or Spain, and that both nations were resolved to respect our rights, New Orleans might then be restored. No cause of umbrage would be given to either nation. They >yould both see the extent of the injury we were likely to sus- tain by the criminal conduct of th • ir agents ; and, if they were honest, they would sincerely rejoice that we had in time guarded against it. Gentlemen have persuaded themselves that the conduct of the intendant is not authorised by the Spanish, or French government, but what reason have they assigned us in sup- port bi this opinion ? They tell us of the friendly assurances received from the Minister of his Catholic Majesty resident near our government ; and they place considerable stress V^PP^ ( 76 ) the circumstance of the governor of New Orleans disapprov- ing of what the Intendant has done. I will not stop to speak of the imprudence of reposing themselves upon the assurances of a mini, ter, perhaps expressly instructed to mislead them, Biit why have they trusted lo the imaginary collision o': sen* timent between the governor and intendant of New Orleans ? Do not gendemen know that our government is in possession of testimony, demonstrating beyond all kind of doubt, that this is not the fact ? Have they not seen the letter of the governor of New Orleans to the governor of the Mississippi territory. In this letter I learn that the governor comes out andacknowr ledges his co-operation with the intendant. ...justifies the breach of the treaty, and declares that these instruments cease their binding force the moment it suits the interest of either party to break through them. Alas ! the history of the world furnishes us too many evidences of this melancholy truth. But this is the first time that any nation has had the hardihood to avow it. No, sir, even Carthage herself, who became proverbial for her disregard of treaties, never attained to a point so profligate. If I am incorrect in my statement, honorable gentlemen, who have easier access to the source^ of official information than is permitted to us, will set me right. Why has this document been so sedulously kept froni the public e}'e....why it should be even now so carefully lock- ed up, is a mystery not for me to unravel. We are told that there is a moral obligation imposed upon nations, to try the cfiFect of negociation, before they attempt to redress themselves. I do not admit the force of this rule, where negociation is not expected to succeed. ...where it can- not in its nature afford efxectual relief. Believing as I do, that negociation must fail, I am not for trusting to that alone. It has long been evident that the French have attached to these territories upon our frontier, an importance which of them- selves they do not bear, and which can only |3e attributed to them on account of theit connection with our southern and western states. If you :reat, therefore, for an extension of your limits, 3^ou will be disappointed. If you negociate re- specting the right of deposit, and shoukl succeed, you will obtain no better security than that which has already been found ineffectual. For my part, I am strongly impressed with an opinion that the French consul has a project in view^ deeply hostile to the prosperity of our country. One great object with the French, is to increase their maritime strengths The pcsltion which they are about to take in New Orleans, ( 77 ) will soon put them, at our expence, into the posseosion of aa immense carrying trade ; and reduce under their influence die fairest portion of our empire. Perhaps I may be asked, does the French consul imagine that the people of the United States will consent to see subjected to foreign domination any part of their territory ? This is an enquiry which Bonaparte has not been muck in the habit of making. He knows the extent of the means he possesses in this country. It is but a few years since violent jealousies prevailed between the Atlan- tic and western states. Fortunately they have now svibsid- cd : these jealousies he will endeavour to rekindle. Possibly he may calculate upon detaching the people on the seaboard from the support of their brethren on the western waters. He has already succeeded in concealing the hand which guid- ed the pen of the intendant at New Orleans. His troops are probably now approaching our shores, and what means of precaution have you adopted ? Let not gentlemen flatter themselves that Great Britain will interfere to arrest this scheme of French aggrandisement. That government isj^- ready staggering under its own burthens. I'heir tottering situation has been acknowledged on the floor of the British Parliament. She is obliged to look on, and tamely submit to the extension of the Gallic power, in all quarters of the world : she knows that her rival is strengthening herself in every di- rection. Notwithstanding the cession of Louisiana, New Orleans, and, perhaps, the Floridas, was carefully concealed from her at the treaty of Amiens, she is now acquainted with it, and yet she sees the armament destined for these countries preparing to depart, without daring to remonstrate. No, sir, every dependance that we place on any other than our own exer- tions, will be vain and illusory. Let us be but united and true to ourselves, and there is no enemj^we need fear. I see no other course for us to pursue than that pointed out by the resolutions. Our interests, our honor, and our safety require it to be adopted. I am aware that the alarm of war will be rung through the covmtry. I know full well the pains that will be taken to impress an opinion upon our fel- low citizens that we are the friends of war. This we cannot help : the danger with v/hich our country is threatened, will not permit us to shrink from the discharge of our duty, let the consequences to ourselves be what they may. Let me ask you, with iny honorable friend from New Jersey (Mr. Day- ton) v/hat stronger evidence can we give you of the sincerity jf our intentions than the resolutions themselves ? So far from ( rs ) cramping, or diminishing, the power of gentlemen opposed to us, in a crisis like the present, we only offer to strengthen their own hands. Had the advice of an honorable gentleman near me (Mr. Morris) been listened to when you were dis^ banding your army, this crisis would not have happened. Had you then posted at the Natches, as he recommended, a thousand soldiers, the navigation of the Mississippi M'^oukl not now have been interrupted. He foretold you what would happen, and his prediction has been literally fulfilled. There is but one fault I fipd with these resolutions, which is, they do not go far enough. If I could obtain a second, I would move an amendment explicitly authorising the taking possession of both the Floridas as well as the island of New Orleans. In one respect I entirely accord with the honorable gentleman from Georgia, (General Jackson) and I admire the manly and decisive tone in which he has spoken upon this subject. We both agi"ee that the Floridas must be attached to the United States ; but we differ in point of time. The violent aggression committed upon our rights, and the extent of the danger with which we are threatened, in my humble opinion, would amply justify our taking possession of thcn^ immediately. Look at the relative situation of Georgia, the Mississippi Territorj', and the Floridas, and it will require veiy little of the spirit of prophecy to foretell that we shall, ere long, be compelled to possess ourselves of them in our own defence. There is but an imaginary line running be- tween them : let the French be but once settled along that line, and they will have the whole of your southern states at their mercy. Unhappily there is an inveterate enemy in the very bosom of those states. You might as well attempt to stop the coi\rse of the plague, as to arrest the subtle and dange- rous spirit they Vvould, the moment it suited their interests, let loose among the helotes of that covmtry. Then j'ou would have lighted up there a domestic war, which could only be extinguished in the blood of your citizens. But I cannot agree with the same gentleman from Georgia, when he says, that the French, if they v/ere landed even in hostile ariay upon our shores, would soon forget their enmity to us ; and marr} ing with oiu' females become our fellow citizens. The French never forget to love their own country. How many instances did we see of this national character even among the royalists who were driven out of France during the re\ olu- tionary convulsion ? Did their hearts even refuse to palpitate with joy when the news of a brilliant victory obtained by theit ( 79 ) countrymen was announced to them, because it was atchieved under the auspices of their persecutors ? No, sir, they may act over again the rape of the Sabines, but they will form no other connection with our fair countrywomen. We have received many and repeated assurances from honorable gentlemen on this floor, who represent those states most immediately effected, that their constituents are per- fectly satisfied with what has been done by the governm.ent in their behalf. They ought, it is true, to be better acquainted than, we can be, with the wishes of the people among whom they live, and who have selected them as the guardians of their rights. But I think they will find themselves mistaken. Is it possible that half a million of people will contentedly submit to be cut off from all communication with the rest of the world during the progress of perhaps a tedious negociation ? No, sir, such is the pressure of their wrongs.... so ruinous is the aggres- sion... .they cannot submit.. ..they must they will. ...nay, I had almost said, they ought to redress themselves. The ser- pent which has coiled itself at the very portal of their fair man- sion must be destroyed. They will have neither France or Spain to guard the fruit of their delightful garden. They know full well the importance of New Orleans. ...They al- ready consider that port as the Thermopylae of their country* It is there they will and ought to make a stand in defence of their liberties, and I pray to God that their struggles may be crowned with victory. Mr. V/right* When the gentleman from Pennsyl- vania, (Mr. Ross) v/as first about to introduce his resolutions ;• after making very voluminous prefatory remarks, he touched on ground that was conceived to be forbidden ; and was, therefore, called to order j and that the subject of order might be decided, without the disclosure of that which we conceived ourselves bound to conceal : a motion was made and seconded to shut the doors, which, by a rule of the senate, was there- fore a matter of course, and his resolutions were not thei> submitted.... Afterwards, on the day he presented them, he introduced himself by remarking, that on his previous attempt to present his resolutions, he had been called to order, and stopped from proceeding by a new mode, that of shutting the doors, and insinuated that the senate wished to avoid a public discussion of his resolutions, and to conceal from the peo])le what they ought to know : that we were afraid of the infhw cnce of his arguments on the public mind : when he well kn.cw, we wished only to conceal what we felt ourselves in honor ( 8f"^ ) bound not to reveal, ...but if be bimsself did not wish to con- ceal the truth, why did he not inform the house, or rather the public, for whom his speech was intended, that while the doors were shut, it had been determined " so far as related *' to the subject on which he had been called to order, that it *' must not be touched on," and that a seal of secrecy had been fixed on his lips? Did he suppose we would suffer his unfounded insinuations to pass unanswered ? Or did he feel himself justified in the suppression of this fact, because its relation would have exculpated himself? The solution of this question must rest with him. ...but thus, inauspiciously he pre- sents himself in the opening of this business ; and as we pur- sue him, we shall find him incorrect in his premises, or illo- gical in his conclusions ; and more impolitic than either. ...In- stead of endeavoring to support the measures of the adminis- tration, and to cultivate the arts of peace, he is attempting to excite the western people to revolt against the government, by a seditious appeal to their passions, and to sound the trumpet of war in their ears, by a speech highly inflated with imma- ture wrath, and rash declamation, against the Spanish go- vernment. 1st. That they had captured our vessels and imprisoned our seamen. 2d. That they had permitted the French to fit out pinvateers in their ports, to cruise against our commerce. Sd. That they had permitted French consuls in Spanish ports to condemn our vessels captured by French cruisers. 4th. That they had obstructed our navigation of the Missis- sippi, and denied us the right of deposit at New Orleans.... and to cvown the whole, had insultingly issued proclamation upon proclamation, interdicting the exercise of these rights. The gentleman, however, not content with this phillip- pic against the Spanish government, rashly charges our own government with a total neglect of, and criminal apathy to the interests of the western people. That no nation, either an- cient or modern, had ever suffered such indignities, and that our executive had taken no steps to redress the injury.. ..not a soldier to assert our rights. ...not a soldier to avenge our wrongs....that the western people would not, that they ought not to submit to it, but ought immediately to take possession of the mouth of the Mississippi, and for that purpose he sub- mitted his resolutions, iiow before us. In considering this subject, he would endeavour to give such a.n ansv.er to the several parts of the gentleman's obser- ( 8i 3 Vations as appears to him to deserve attention, as well as of those of the gentlemen who have followed him on the same side. He would take up the subject in the gentleman's own order. 1st, That the Spaniards had captured our vessels and imprisoned our stamen. Of this there was no doubt. 2dly; That they had permitted the French to fit out pri- vateers in their ports to cruise against our commerce. Thi& was also admitted. odly. That they had permitted French consuls in Spa- nish [roris to condemn our vessels taken by French cruisers. This was not denied. But he asked the honorable gentleman, if Spain has re- fused to make us compensation for the spoliations committed on our commerce, by her 07un subjects ? He asked, if Spain could avoid the acts committed by the citizens of France in her ports, when she herself had been constrained to sue for peace, and to accept it, on such terms as France inclined to impose? And he asked, if these aggressions did not happen during the late administration, when the gentleman and his friends were in full power : and whether it was then proposed to redress them by the sword ? These things are well known, and that our minister at Madrid was then charged to sue for redress for these ag-gressions, and that they were all in a train of adjustment, before tl\c present administration came into power ; and he asked, if we have it not now entirely in oui' power to settle the spoliations on our commerce by the subjects of Spain, in the same manner that former administrations have thought just and honorable, in like cases? And whether we have it not in our power to settle the aggressions of French citizens, in the pof .s of Spain, for fitting out privateers, and condemning our vessels by French consuls, upon the princi- ples oi strict moi-cditij^ if not on the more defined principles of the law of nations ? These complaints ought therefore to have been out of the question, and ought not nov»^ to have been brought forward to foment the difference between the two nations ; but were no doubt purposely intended to sour the American mind against Spain, and to prepare it to act intemperately on the present occasion. 4thly. That they had obstructed our navigation of the Mississippi. This he denied. But that the intendant at New Orleans has put in force the law of Spain, interdicting the M ( 6^ ) commerce of all nations with the Spaniards at Nev/ Orleans^ and that he had construed it, to prohibit our right of deposit there. ...he admitted ; but that his construction of that law is by the authority of Spain, he did not believe ; and our right being secured by treaty, must be paramount to that law. That all America would unite in asserting our right of deposit, secured to us by the solemnity of a treaty, he had no doubt, nor had he ever heard any gentleman of either' house, express one ; on the contraiy, they had unequivo- cally declared their opinion, that the right was all important, and ought to be secured at all hazard : but as to the means of doing this, gentlemen widely differed. He, for his part, felt it due to Spain, he felt it due to our national character, to knoxv^ whether the act was authorized by the Spanish governme^tt^ or justijicd by them^ before he could aS' cribe it to them^ and in this he was governed by the letter and the spirit of the law of nations, aad also by the spirit of our own government. But, sir, our own government is charged with a want of sensibility to the sufferings, and a total neglect of the 'N>^iolated rights, of the western people. ...but how justly.. ..the public will decide, on a candid review of their conduct. The moment the President obtained the information of this act of the /«- tendant at New Orleans, in arresting our right of deposit at that place, he applied to the Marquis de Casa Yrujo, the mi- nister of Spain, resident near the government of the U. States, who gave him the most positive assurances, that he hadnoknow- lege of the subject that would induce him to suppose that hi& Catholic majesty had any intention to violate the treaty, by" which that right had been secured ; and gave eveiy assurance of his majesty^s friendly disposition towards the United States ....he at the same time sent dispatches to his own government on the subject ; and in his honest zeal for peace between the two nations, immediately dispatched a boat to the intendant at New Orleans : and also sent dispatches to the governor at Havannah....he also assured our government that the intend- ant, and the governor at New Orleans, differed in the con- struction of the orders given to the intendant by the Spanish government, which were, " to put in force the law heretofore in operation in the Spanish territory, prohibiting all kind of commerce with all nations, with that province,^' which had been suspended during the late war ; by virtue of which, the intendant, (although not a word was said about prohibiting our deposit at New Orleans) thought himself bound to prohi- i 83 ) bit the citizens of the United States from contracting with the Spanish merchants at New Orleans, for the storage of their goods at that place, which Tiad been secured by treaty. The President immediately gave it in charge to our minis- ters at Madrid and at Paris, to enquire into the aggression^ and whether it was done by the authority of either of those courts. He also enquired of the minister of France, Mr. Pi- chon, resident near the United States, whether he could give any information on that subject, as it became at least equivo- cal in whom the territorial right of New Orleans then was ; and therefore questionable whether the intendant might not be acting under the authority of France ; and here also we re^ csived assurances of the most friendly disposition, and that the intendant was not acting by the authority of France,. These were the natural, the legitimate^ and indeed^ the only measures he could adopt, till the meeting of Congress, No sooner had Congress convened, than he officially inform^ ed us of this aggression on our rights, and was so much alive to the western interest, that he immediately after proposed sending the honorable James Munroe, Esq. a special envoy^ to be united with our minister at Paris, or at Madrid, as the case might require, to place our western interests on the most secure basis.. ..who, going immediately from the United StateSj charged with our sensibilities on this recent violation of this invaluable right, would shew that we were not only alive to the subject, but very much in earnest, and would furnish the best founded hopes of success. This minister had been ap^. proved of, and was now on his way. This, sir, has been the conduct of the executive. But we are told that we have not a soldier to assert our rights.... not a soldier to avenge our wrongs ; and this also is a charge against the executive. What, sir ; has the gentleman forgot that the President has no right to raise a single soldier ? Has he forgot that the power of declaring war is vested in Congress alone ? No, sir ; these things he well knew, and that the President had done every thing he was authorized to do, and that both houses of Congress had approved of every step he had taken. But, sir, it is not difficult to account for gen- tlemen's extraordinary sensibility to the violated rights of the western people, or their pretended warnath and zeal to avenge their wrongs ; it is all to be found in the political history of the times.. ..it is with a design to stir up the western people to a belief that the government is insensible to their sufferings, and inattentKe to their interests.. ..it is wid> a view to a revolution ( 8^ ) in the polillcal opinions of the western people ; but which they will see too plainly, to be beguiled from their path of political rectitude ; and the division in this case wiil shew it to be a party question, particularly when it is known that eveiy re- publican member in both houses of Congress, even those fron> the western country, approve of the pacific measures that have been adopted. We are told that no nation, either ancient or modern, had ever suffered such indignities. ...and we are now emphati- cally called on to avenge them by the sv/ord without asking for redress. Can this be right? No, sir; the honorable gentle- man from New York, (Mr. Clinton) yesterday proved, by a train of r.rguments not to be resisted, that it had been the practice and usage of the nations of Europe, to endeavour to setde their differences, first, by negociation, and not to appeal to arms till redress had been denied : and he would now shew by the law of nations, that the act of the intendant is not to be ascribed to the Spanish p-off ;-//;?;£"/??, unless done hy their mithcrity or approbation^ and that if the act had been done by authority, it would be violative C;f both the precepts and prac- tice of our own nation to avenge it by the sword, till negociation had been tried in vain. To the first point, he would shew by Vatel, 252, § "tZ^ " That as it is impossible for the best regu- *' lated state, or for the most vigilant and absolute sovereign, *' to model at his pleasure, the actions of his subjects, or to *' confine them to an exact obedience, it would be unjust to *' impute to the sovereign the faults of his subjects; we ought *' not then to say v/e have received an injury from a nation^ *' because we have received it from one of its members." Again, § 74, '■'• But if a nation approves the fact committed *' by a citizen, it makes the act its oxvn^ and the offence ought *' then to be attributed to the nation^"" But the honorable gentleman from Dekuvare, (Mr. Wells) tells us, that to excuse Spain from the act of the in- tendant, we ought to prove that the King of Spain did not authorize it... .What, are we to prove a negative ? He pre- sumed not ; but if we have recourse to the evidence in the case, which is all that time and circumstances will admit, we shall have no doubt on this subject. The Spanish minister tells us, it is not bv the authority of Spain. The French minister tells us, it is not by the authority of France. The go\'ernor at New Orleans says, it is by no authority ; but a misconception of the intendant's or- ders.. ..And the order to the intendant itself, shews, that it is ( 85 ) to put in operation, a law, interdicting the right of all nations to trade, barter, or commerce with the Spaniards in that pro- vince, witliOLit mentioning our right of deposit, secured to us by treaty, /;(5,y/t'/7or, \m.(\. paramount X.Q that law, which must be satisfactory, (being tlie best, nay, the only evidence to be now expected,) that the act is without authority. Yesterday we were told by the honoi'abie gentleman from Delaware, (Mr. White) that there was a private letter in town from New Orleans, " that the act was by the authority of France." To- day he presumed that was given up, as his honorable col- league.^ (Mr. Wr.LLs) tells us that he understands the President has received a letter on this subject, " avowing the authority of Spain to do the act." This he conceived equally incorrect. .Can it be believed, sir, that the executive can be in possession of a document of such importance, and while we are acting on the subject, accrete it from us i No, sir, it would be to make him an accessary... .it is impossible. ..it cannot be true.... there is then no evidence that it is the act of Spain, vmless we substitute our inclinations for evidence, and thus violate the law of nations, by unjustly ascribing it to her. This, he trusted, would not be done. But, sir, if it had been done by her authority, still he should insist, that it would not only be contrary to the practice and usage of the nations of Europe, to draw die sword of vindictive justice, without a previous at- tempt at ncgociation, as was yesterday proved by the honora- ble gentleman from New York, (Mrl Clinton) but highly repugnant to the milder precepts and principles of our own nation. And as he did not wish to cross the Atlantic for au- thorities, having never been attached to the precepts, or practices of kings or princes, or an admirer of the precedents of the old world, he would leave them on the ground they were placed by the gentleman from New York, (Mr. Clin- ton) and confine himself to the histor}' of our own govern- ment, and to the principles and practices of our own Wash- ington. Disregarding the maxims of despots, he would recur to the archieves of our own short, though very impor- tant political history ; and to the salutary principles of our own free government ; from whence he would prove that we ought never to appeal to the sword, that scourge of nations... .that ^' ultima ratio region^'' but from dire necessity. He would begin with our own political history, even before we had an independent existence, in order to correct the honorable gentleman from New Jersey, (Mr. Dayton) who yesterday told us, that when we were colonies, no sooner had Great Britain violated our rights, than we appealed to the ( 86 ) Sword, Sir, he asked, if America did not then by petition humble herself at the foot of the throne ? Did she not address petition upon petition to the British monarch ? nay, he asked, if she did not, by her repeated remonstrances, drain the cup of humiliation to its dregs, in her supplications but for jus- tice ? nor did we draw the sword until every effort had been tried in vain ; nor then, till compelled to act on the defensive ; then too, every thing dear to us, and to posterity, was in issue. ...then were we called on to resist the treasonable claim of the J3ritish parliament, to tax us, in all cases, without our consent, which they were about to enforce by the sword. This was not the partial invasion of a minor rigiit, it was a vital stab at liberty itself. He asked, if by our temperate sup- plications, our cause was injured, or if our confidence did not increase with our moderation, whereby we were enabled to secure by the sword, what had been denied to our supplica-- tions ; and whereby our virtuous struggle was crovmed with independence ? Again No sooner had Great Britain acknowleged us independent, whereby we had taken rank among the nations of the earth, than she violated the compact that gave us our poli- tical existence, even while we lay in swadling clothes, in the cradle, in the infancy of our government. Did she not take away our negroes ? Did she not keep possession of our wes- tern posts ? Did not lord Dorchester excite the Indians, with the tomahawk and scalping knife, to massacre our peacea- ble frontier inhabitants, of all ages, sexes, and conditions ? Did she not capture our vessels and impress our seamen ? What then, 1 ask. Was the conduct of the nation ? Who then presided in her councils ? Was it not Washington ? Did he ap- peal to arms ? No, sir, he sent a minister to sue for redress, as has been done upon the present occasion. Were not the aggressions then much greater than the present ? and will it be' said that Washir.gton was not a faithful guardian of the national interest.. ..of the national honor ; and were not the injuries redressed by the treaty of 1794, to the satisfaction oi" the councils of the nation ? Again... .Did not Spain commit spoliations on our com- merce, and imprison our seamen ? Did not Washington then preside ? Did he appeal to arms ? No, sir, he sent a minister to sue for redress, as has been done upon the present occasion ; and were not the injuries redressed by the treaty of 1795 ? Again.... Did not France capture our vessels and imprison our seamen ? Did not Washington then preside ? Did he ap- peal to arms r No, sir, he sent ministers to sue for redresc... ( sr ) Were not these ministers rejected ? and thus insult added to injury ; did he then appeal to arms ? No, sir.... Mr. Adams then came into the administration.. ..Did he appeal to arms ? No, sir, he sent a new set of ministers who were received, and who made the m-emorable treaty which was ratified by Mr. ^(st/w* in February, 1801. Again.... Did not Spain capture our vessels and imprison our seamen ? Did she not permit the French to fit out priva- teers in her ports, to cruise against our commerce ? Did she not permit French consuls to condemn our vessels in her ports ? Then Mr. Adams, who presided in our councils, sent a minister to negociate, and these aggressions are now in a happy train of adjustment ; and there is little doubt will be settled on just and moral principles. Thus, sir, you see what has been the practice and usage of the United States, since they have been an independent nation ; and that too, under the imposing auspices of a Wash- ington. He would now shew, that so tenacious had been the government, to cultivate the arts of peace, that she had guarded it in her constitution, and ingrafted the principles in her treaties. By the constitution, the power of declaring war is v^ested in Congress ; and not in the President ; least the caprice of an individual might commit the peace of the nation* By the treaty with Prussia, made under the auspices of the immortal Franklin, in 1785, the great principle was first established, that in case of a war, neither captures nor repri- sals shall be made. It is stipulated in the 23d article, " that " in case of a war between the two nations that all merchant *' vessels employed in exchanging the products of different *' places, and thereby rendering the necessaries, conveniences, *^ and comforts of human life more easy to be obtained, and " more general, shall be allowed to pass free and unmolested '. ** and neither of the contracting powers shall grantor issue any " commission to any private armed vessel to take or destroy ** such trading vessels, or interrupt such commerce." By the treaty with Great Britain, in 1794, it is stipulated, " that *' no reprisals shall be made for spoliations till an attested " statement of the damages is prcsented,.and justice demand- *' ed and refused, or unreasonably delayed." By the treaty with the Creek nation of Indians, article 8, and b}' the treaty with the Dclazvare nation of Indians, article 4, it is expressly stipulated " that their nation shall not avenge the wrongs com- *' mitted by the citizens of the contracting parties, but that *' the offenders shall have an impartial trial, and the peace of ( 88 ) *' the natives be preserved." So far is our pence secured by the stipulations in treaties ; and he would next shew that it had been established as a principle, to preserve the peace of the nation, and to regulate its equanimity ; that where we had a treaty with one nation, we are bound to treat all nations in like manner, although we have no treaty to that purpose. See the letter of general Washington, dated 5th September, 1793, to G. Hammond, Esq. in the 2d vol.' lav,s of the United States, 493, " We are bound by our treaties with three of *•' the belligerent nations, by all means in our power^ to pro- " tect and defend their vessels and effects, in our ports, or " waters, or on the seas near our shores, and to recover and *' restore the same to the right owners when taken from them. "If all the means in our power are used, and fail in their " effect, we are not bound by our treaties with those nations *' to make compensation." " Though we have no similar treaty with Great Britain, " yet we should use tov/ards that nation the same rule, which " under this article, was to govern us with the other nations ; " and even to extend it to captures made on the high seas, and *' brought into our ports, if done by vessels that had been " armed v/ithin them." Thus, sir, had it been shewn what had been the practice and usage of foreign nations. ...and thus had he shewn what had been the practice and usage of our own nation, in the cases that had occurred during our short history.. ..and that all nations are entitled to equal justice ; and all these cases have occurred under the venerated W^ash- ington... .except the memorable Yvcwch. federal^ treaty under Mr. Adams, in February, 1801. And yet we v/ere yester- day told by the honorable Mr. White, " That Washington would have borne no such insults".... No, sir : that he be- lieved, not v/ithout seeking redress ; but whether in a peace- able legitimate manner, as has been pursued upon the present occasion, or by the sword, as is now proposed ; from what has been already shewn, there can be no question. ...but the same gentleman, (Mr. White) after charging France with this violation of our rights, in the fervor of his mind, exclaimed.... '- if this be peace... .Gijc/ give xis tt'ar".... which God forbid, as every good man in the nation must deprecate war. Wash- ington, however renowned in war, was certainly the friend of peace, and very much contributed to the establishment of our fiational character, " to prefer the pacific olive, to the bloody * lidaal — it is presumed, because every republican senator voted ajiunst it. ( 89 ) taurel," a character too dear to us to be now sullied by an un* exampled departure from its christian principles, or ever to be sacrificed on the altars of vengeance against any particular nation.... but some gentiemcH speak of a war on this occason, with seeming pleasure, as necessarily leading to a connexion with Great Britain, and thereby drawing us into the vortex of European politics and perpetual war. The honorable gen- tleman from Pennsylvania, (Mr. Ross) and the honorable gentleman from Delaware, (Mr. White) have both declared that we ought to take immediate possession of the mouth of the Mississippi, predicating their argiuiicnts on the violation of our rights and the magnitude of the subject. ...yet the ho- norable Mr. Wells has gone farther, and declared that he was for taking possession of New Orleans, at all events^ whether the act complained of was avithorised or imauihorised, thsitthc possession of that place was of such importance that we ought to possess it.. ..and after telling us, (but wuth a bad grace) that there is no reliance on the faith of treaties, and after repro- bating, what he called the profligate doctrine of the nations of Europe, " That treaties were no longer binding than it was their interest to respect them ;" advises us to adopt that infa- mous practice, by taking immediate possession of New Or- leans, supposed to be the property of France, who had not offended ; that if France once gets foot-hold there, it will be too late, and although it is admitted, that France has done us no injury, yet are we pressed to violate the faich of our treaty with that nation, by taking possession of her territory ; that nothing short of the possession of Terra Firma^ can secure us in the free navigation of die Mississippi ; thus are we invited by the lure of interest to commit the character of the nation, in violation of every moral principle, and contrary to the law of nations. Vatel, 150, § 104, tells us, " That the end of war must *' be lawful, to ligitimate the means ; that the cause must be " just ; that one nation is not allowed to attack another for the *' purpose of aggrandizement ; this is the same as if a private " person should, endeavor to enrich himself by seizing the " wealth of another," Again, Vatel, 349, § 220, says, "The '"'' faith of treaties is holy and aacred between the nations, " whose ficifcty and repose it securen ; and if people would not " be 'wanting to themselves, infamy would be the share of " him who violates his faith.'*'' And if it be the practice of the nations of Europe to disregard their treaties, he hoped we should not copv their vices, but that it might be confined to N ( CO ) thei*n ; it was so demoralizmg an idea, that he hoped it would never again be advocated on that floor ; sure he was it could not meet, as it did not merit, the approbation of the na- tion. ...he wished for peace with all nations, and should there- fore always observe the most exact and inviolable fidelity, in the execution of the treaties between us and them. He for his part had no foi-eign attachments, no national feelings but those of an American ; no rule but the law of nations, and the existing treaties ; and however bad the bargain.... they should rule his conduct, as the only sure means to preserve t!ie peace of the nation, so much the desire of every good man. ...war he conceived justifiable only in self defence. But the honorable gentleman from Pennsylvania (Mr. Ross) tells us, that a right so in^pOrtant ought not to be held by a tenure so precarious : What bettei' security can a nation exact to secure the enjoyment of her rights with foreign na- tions? Does he expect she will give us hostages ? He pre- sumed not.. ..treaties are the legitimate compacts to bind na- tions to each other, they are such as are known to the law of nations, by which are secured in our foreign relations, our most important rights, and he trusted, would be always so respected by all honest men, as to afford the utmost security.... and he hoped that all infractors of them might be brought to condign punishment. The gentleman from Massachusetts, (Mr. J. Mason) said he was not for war, that these resolutions did not propose war ; would the gentleman consider it as war if a foreign army should land at Boston ? Vv^ould he believe the herald that shoiild proclaim that 50,000 men w^ith arms in their hands, and with military equipage, who had landed in the city, had come only on a friendly visit?... .He presumed not! Sir, these resolutions arc more than a declaration of war, they cany the war into actual effect, whereas the declaration only authorizes it... -.to his ihindthey presented the question of peace or war. VVc htive been told that the western people would take up arms to po^ssess themselves of the right... or would throw them- selves into the arms of a foreign power, as they could not subsist v/ithout it. No, sir ; there is not a good citizen in that country that would abandon his invaluable rights of a freeman, or'the title oi an Aniericwi Citizei}^ to be the subject of any nation upon earth ; riordid iie think it possible to alienate their affections from their own government, or to shake their confidence in the present administration ; and although the admini'stnition is charged with indifference to their interest, ( 91 ) tliey will not believe it, they know that the steps that have been heretofore taken in all past cases, of our violated rights, have with promptness been taken in this case ; thef know that a minister has been sent,. ..and they well know that eighty thousand militia have been put in requisition, and arsenals established in that country, and a number of gvm boats or- dered to be built for the protection of their commerce in the Mississippi ; with this they ought, and will be satisfiecl, as they expect but equal justice with the other parts of the union, and this, they may with certainty expect. It hath been em- phatically asked, what would be our conduct if the Chesa- peake was blockaded ? He said, the sam^ as if the Mississippi was blockaded^ (but that was not the case.) He, for his part, should never be influenced by geographical distinctions, every part of the union was alike intitlcd to the protection of government, and should alike have his support in all similar cases. ...he did not believe the insinuation, that there was a spirit of sedition in that country, that could be fanned into a flame against the government ; they well knew^ the attention that has been used from the earliest period of our govern- ment to secure the navigation of the river Mississippi. ...by the treaty that secured us our independence, and gave us existence as a nation.... in the 8th article of that treaty, the freedom of the navigation of the Mississippi was secured.... even before the western country v/a^i fairly explored, or had a name... .that afterwards, by the treaty of San Lorenzo el Real, in 22d article thereof, the freedom of the navigation of the river, and also the right of deposit at New Orleans, (for three years) was secured ; and afterwards there^ or at such equivalent place on the banks of the Mississippi, as the king of Spain should assign : but it would seem from the arguments of the gentlemen who press us to go to war, that these rights were now proposed to be abandoned, although every step that the nation can take, consistent with good faith, the law of nations, the practices of foreign nations, and of our ov/n na- tion, in like cases have been taken. But the magnitude of this subject has been played off with vast address, by honorable gentlemen on this occasion. One tells us it will take 250 ships, of 250 tons burthen each, to export the products of the western people that come down the Mississippi.... Another tells us that their exports are upwards of 4 millions of dollars ; and a third, that it Avill ruin 500,(X)0 citizens, whose property is embargoed by the suspension of the right of deposit.. ..and this they press, as if they intended the ( 92 ) magnitude of the object^ as an argviment to influence the deci- sion of the principle upon which we were to decide the question. He, for his part, admitted the importance of the right of de- posit, and that it ought, at all hazard, to be secured. He saw, with great pleasure, the rising greatness of the western coun- try, which was to be ascribed to the long peace and prosperity of the nation.... but he could not admit the gentlemen's state- ments, either as to the quantity of produce to be exported, or the consequettf quantity of ships it would take to export them. He could not tell where the gentlemen had obtained the data from which they had made their estimates ; but he was sure, it was not from the official documents on the subject, to which he should take the liberty to refer, to correct them ; the cor- rectness of which could not be questioned. The whole ex- ports from the ofiicial report last year, were, 71,957,144 dolls. The part that is foi-eign of that is, 35,774,971 dolls. That of the produce of the United States, 36,182,141 dolls. The exports from the Mississippi, last year, 1,095,412 dolls,... And not 4 millions, as has been stated, so diat however important it was, ic was far below the gentlemen's statement ; who are so zealous for the interest of that country, as to have lost sight of every other part of the union ; and indeed, to have over- looked the real interest of that part, they affect to have so much at hearto They tell us that all their property is now em- bargoed. But, sir, he asked, would a war relieve it ? and would it not embargo the other 35 millions of our productions, and greatly distress 5,500,000 citizens ? and instead of seciir- tng to the wesieni people^ the immediate use of the right of deposit^ would most certainly deprive thera altogether of the navigation of the Mississippi, and thus involve all in distress, without relieving that part ; but more severely injuring it.... He wished every member of that country was present. He was satisfied they would be opposed to it, themselves. It is well known that the Spaniards have a number of gun boats at New Orleans, and can entirely command the navigation of the river at that place. But, sir, it hath been (and he thought, cruelly) insinuated, that the western people will throw them- selves into the arms of a foreign power ; but this thei/ would consider as a libel against their political integrity, and defeat the gentlemen's object. They well knew, that the Atlantic states held the key of the Mississippi, that a single frigate could block it up, and compel the Spaniards above, to do them, justice, by the influence of their own safety in the case. He would beg leave to refer to the official valedictory address of ( 93 ) General Washington, ^vhich is highly authoritative on this sub- ject ; and leave it with the western people to make the appiica- tion. He tells us, that, '' the unity of government, which *' constitutes you one people, is also now dear to you. it is *' justlv so ; for it is a main pillar in the edifice of your real la- " dependence, the support of your tranquillity at home, oi ;, our " peace abroad, of your safety, of your prosperity.. ..of that very *' liberty you so highly prize. But it is easy to foresee, that *' Hvom dij/'e rent. causes^ ixndiTom d^'ercmt quarters^ much pains " will be taken,many artifices employed,to xvcaken in your minds " the conviction of this truth ; as this is the point in your poli-^ " tical fortress, against which the batteries of internal and ex- *' ternal eriemics, will be most constantly and actively (though " coverthj and insidioitshj ) directed ; it is of infinite moment *' that you should properly estimate the immense value of your " national union, to your collective and individual happiness , ■" that you should cherish a cordial, habitual, and immoveable " attachment to it ; accustoming yourselves to think, and " speak of it, as of the palladium of your political safety and " prospei'ity ; watching for its preservation with jealou/i " anxiety ; discountenancing xvhatever may suggest even a sns- *■'■ picion that it can in any event he abandoned; and indignantly '■'■Jrozuninp- upon thejirst daxuning of every attempt to cdienatc " any portion of our country from the rest^ or to enfeeble the " sacred ties xvhich noiv link together its various parts.'''' Again,..." the east, in its intercourse with the west, already " finds, and in the progressive improvement of interior com- " munication, by land and water, will, more and more, find " a valuable vent for the commodities which it brings from " abroad, or manufactures at home. The v/est derives from " the east, supplies for its growth and comfort ; and what is " perhaps of still greater consequence, it must of necessitii " owe the secure enjoyment of indispensible outlets for its own " productions, to the weight and influence of the future mari- '■'• time strength of the Atlantic side of the union, directed by " an indissoluble community of interest as one nation. Any " other tenure by which the west can hold this essential advan- " tage, whether derived from its own separate strength^ or '' from an apostate and unnatural connexion xvitk ani] foreign '■'■ poxver^ must be intrinsicalhf precarious." Again...." In " contemplating the causes which may disturb our union, it " occurs as matter of serious concern, that any ground should ^^ have been furnished for characterising parties by geographi- /^ cal discriminations, northern and southern, Atlantic and ( 94 ) " western ; whence designing men niay endeavour to excite a " belief that there is a real difference of local interests^ and " viexvs. One of the expedients of party to acquire influence " within particular districts, is to misrepresent the opinions " and aims of other districts. You cannot shield yourselves «' too much against the jealousies and heart-burnings which " spring from these misrepresentations ; they tend to render " alien to each other, those who ought to be bound together by " fraternal affection. The inhabitants of our western coun- '' try have lately had a useful lesson on this head ; they have " seen in the negociations by the executive, and by the unani- *' mous ratification by the senate, of the treaty with Spain, '' and in the universal satisfaction at that event, throughout *■'■ the United States, a decisive proof how unfounded were *' the suspicions propagated among them, of a ix)licy in the <■'■ general government, and in the Atlantic states, unfriendly *' to their interests, in regard to the Mississippi : they have *' been witnesses to the formation of two treaties ; that '• with Great Britain, and that with Spain ; which secure to " them every thing they could desii-e, in respect to our foreign ^* relations, tov/ards confirming their prosperity. Will it not *' be their wisdom to rely for the preservation of these advan- *' tages, on the union, by which they were procured ?. Will " they not henceforth be deaf to those advisers^ if such there " arc, who woiUd sever them from their brethren, and co7i- " nect them tvith aliens." These, sir, are the sentiments of the venerated Wash- ington ; whom the gentlemen are forever dragging from his tomb to degrade, as an authority for their evil measures, or as a cloak for their sinister designs ; but whom they M'ill not respect upon this topic ; he, sir, at the time of the formation of our constitution, this patriot witnessed the difficulty of uniting in one common compact so different and so distant interests, and with a prophetic spirit has foretold what is now attempted ; whose advice appears to have been written by the pen of wis- dom, and the finger of love, and he hoped would be forever imprinted on the heart of every real American, and that its practical utility on the present occasion, may more deeply impress it, and that it may be as lasting as the archives in wiiich it is lecorded. How different is this advice from tiiat of the honorable gentleman from Pennsylvania, (Mr. Ross.) Washington advises peace and concord.... the other war and insurrection. Washington advises us to preserve the union, as the rock of our political salvation.. ..the other says the Avestern ( 9a ) people ought to dissolve it, and act for themselves. Washing- ton tells us that disunion is the rock on which the bark of the re- public will be shipwrecked.. ..the other is the pilot that wishes to clash us on this rock. Washington tells us that the geogra- phical distinction of the esst and of the west, of the At- lantic and of the south, are the engines that our internal and external enemies will use to disunite us... .the other the inter- nal enemy to put this engine in motion. Last year we were told that if we repealed the judiciary law, the eastern states would separate from the union ; now we are told that il we do not go to war, the western people will separate from us, and will throw themselves into the arms of a foreign power: And what is the expedient the gendeman advises us to adopt, to remedy the evil ? Nothing less than treason against the U. States, and treason against our own political opinions ! The honorable gentleman from Pennsylvania, (Mr. Ross) in the plenitude of his goodness, tells us, " that us we have neither " inclination or understanding to conduct the affairs of govern- " ment as we ought, that if we will but let him conduct it " agreeably to his better judgment, that all his friends, in " both houses of Congi-ess, and out of doors, should unite in " supporting the measures of the government." This, sir, is a wonderful species of friendship and condescension. ...it is in fact an humble proposition to exercise the functions of Presi- dent of the United States ; and is it possible he can expect we should revoke our confidence from the man the people had in their wisdom selected to execute these high and important functions, and repose it in hinr whom the people had dimiss- ed from the execution of all political functions P This would be to prostrate the great elective principle, the palladium of our political rights, the very soul of our constitution, and is such an evidence of his 77iodestij^ that he hoped it v/ould become proverbial. Could we consent to this violation of our duty to the nation, what would be the consequence ? War, the scourge the curse of nations. And who is it, sir, that wishes it ?.... Both the gentlemen from Delaware have told us, " that they " feel themselves authorised by the opinion of the legislature " of their state, in advocating the present measures for war." He, for his part, was happy to act agreeably to the sense of his ov/n, and many other states, who have expressed their entire confidence in the present administration, and their full approbation of the pacific measures that had been adopted- Do the farmers wish a war ? No. Do the merchants w h a war ? No. ' Do any description of citizens wish a war ? No ! ( 90 ) And he asked the lionorable gendemen from Dehxwai'e, if die conscientious, the scrupulous Quaker, the pious, the pacific Methodist, the meek,- the virtuous Nichohte (so many of whom reside in their state) Avish for the effusion of human blood, or the destruction of the human race? He presumed not ; and that they would give such evidence of it, as the legis- laticrtoi that siate would not admire ; and prove that the mi!d spirit of Christianity which they professed, which breadie& peace and good will among the sons of men, was more than a simple profession. He believed there were none who wished for war, but the few who sickened at the justly econo- mic character of the present administration, and who were desirous to create expenses, to drain the treasury^ interrupt the rapid discharge of our public debt, and to coerce new taxes, to jeopardize that character, and to take that chance, as their last forlorn hopc^ to revive the spark of their extin- guished popularity ; but he believed every real friend to the peace and prosperity of the nation, would be pleased at their disappointment. • Having nearly exhausted himself, he feared he had tres- passed too long on the patience of the house, he would there- fore very briefly conclude, with a few remarks on the resolu- tions themselves. 1st. " That the United States have an indisputable right to the free navigation of the Mississippi, and to a convenient place of deposit for their goods and merchandize in the island cf New Orleans y This is not the fact, the right is at New Orleans for tkree ycars^ which have passed, and then at that place^ or at such other place^ as the king of Spain may assign on the banks of the Mi.-isissippi, therefore, that resolution was inadmissible. 2d. >' That the infraction of such their unquestionable right, is an aggression hostile to their interest and their ho- nor." This is no infraction of our treaty, unless done by the authority of Spain, of which we have no evidence. 3d. *' That it does not comport with the dignity of the United States, to hold a right so important by a tenure so precarious." The right is secured by treaty, the most secure tenure that a nation can claim to have its rights secured by, in its foreign relations. ...as hostages cannot be demanded. 4th. " That it materially concerns such of the American citizens as dwell ou the western waters, and is essential to the union, strength, and prosperity of these states, that they obtain cv.nplcte security for the full and peaceable enjoyment of such ( ^JJ' ) their absolute right." This resolution stands explained by the following one which directs die President to take i,nme' dicite possession ofxhe territory. ...Vi'i the complete security con- te/nj&/6f^^/.... and therefore could not be admitted : the other resolutions' are predicated on the foregoing, and are, there- fore, inadmissible.. ..he should, therefore, give them his hearty negative, with a view to support the resolutions of the honor- able gentleman from Kentucky, (Mr. Breckenridge) which had been pro;:osed by way of amendment, which he considered unexctptionabJe, and as much to be preferred, as peace was preferable to war. Mr. Ross rose and said, that the propriety of introducing these resolutions became everyday more apparent. Since they had been laid on the table, our national councils had taken a new direction, and had assumed a much more promising aspect. Until these resolutions were brought forward, there had been no military preparation ; no proposal to detach militia ; to build arsenals on the western waters ; to provide armed boats for the protection of our trade on the Mississippi. He was happy in seeing gentlemen on the opposite side, pursuing a more vigorous course than they were at first inclined to adopt, and he hoped they would, before long, consent to take stronger and more effectual measures for the security of what was in hazard. As he had, on a late occasion, stated at large his reasons for presenting the resolutions, he v.'ould not detain the senate with a repetition of them, except where they had been nuis- represented or distorted during the debate. He could not suppose that any gendemen would intentionally mistate v.'hat had been said ; but it was very certain that sentiments and assertions had been ascribed to him, in the com^se ot the dis- cussion, not warranted by any thing he had advanced. Every gentleman who has spoken in this debate, except- ing the honorable gentleman from Maryland, (Mr. Wright) admits that the United States have an indisputable right to the free navigation of the river Mississippi, and to a place of deposit in the island of New Orleans. All agree that this right is of immense magnitude and importance to the western country. All agree that it has been grossly and wantonly violated.... and all agree, that unless the right be restored and secured, we must and will go to war. Upon what then do we really differ ?.... Upon nothing but the time of acting.... Whether we shall take measures for immediate restoration and security, or whether v/e shall abstain from all military O ( 98 ) preparation, and wait the issue of negociation. There is no disagreement but upon this point ; for if negociation fails, every man who has spoken has pledged himself to declare war. A number of the objections made against the adoption of measures we have proposed, deserve to be noticed. The honorable gentleman from New York, (Mr. Clin- ton) had displayed considerable talent and elaborate re- search into ancient and modern history, shewing what had been the practice of nations.... He had collected all the objections together and classed them under three heads . Other gentlemen who had spoken in opposition had taken nearly the same ground, and made in substance the same objections: He would, therefore, follow the arrange- ment made by the honorable gentleman, (Mr. Clinton) and he was persuaded that it would be easy to shew, he had in many instances mistaken the most material features of the audiorities he had adduced, and more than once mistated the positions which he undertook to refute. ...He has, however, admitted the magnitude of the right, that it has been violated, and that if negociation should fail, we must go to war. He has made objections under three heads. ...this method had the merit of perspicuity, and he would follow it. 1. That it is doubtful whether the infraction is or is not authorised. 2. That negociation ought, in justice, to precede the employment offeree. 3. That reasons of policy dissuade from using force at present, even supposing we have just cause of immediate war. The first objection had already been amply refuted by the gentleman from New Jersey, (Mr. Dayton) the gentle- man from Massachusetts, (Mr. Mason) and the gentleman from DelaAvare, (Mr. White.) He would only further re- mark, that whether authorised or not, is not now very mate- rial.. ..If authorised, the temper, the design must certainly be that of an enemy, and you should act accordingly.... If unau- thorised ; seize the culprit and send him home to his master, who will punish him for a breach of duty.... Let him answer with his head for embroiling two friendly nations who wish to live in peace.. ..Why wait till vou can send three thousand miles and enquire whether he had orders or not ?....He is visibly a wrongdoer : remove him, and protect what he would wrest from you. No man when proceeding on the highway to market, and stopped by his neighbor's servant, would send ( 99 )• out into the country to enquire whether his master had au- thorised the outrage. No, he would punish and remove the aggressor, and proceed on his journey, leaving tlie circum- ^stance of orders, or no orders, to be settled between himself and the master afterwards. Besides, in this instance, the person inflicting the injury declares he has no right to the countiy. If so, why make enquiry whether he has orders ? No orders could give him authority to interfere with your unquestionable right, where his master pretends to no right himself. Under this head of aggression and spoliation, the sena- tor from New York, (Mr. Clinton) in a tone and manner little decorous in debate, had declared it to be within his (Mr. Ross's) knowlege, that indemnity had been provided by Spain for the spoliations committed upon our trade, and yet the assertion had been made, that Spain had refused all re- dress for injuries of that kind ; and the gentleman alluded to documents before the senate, which were under the injunction of secrecy. Sir, said Mr. Ross, I have seen those documents, and I now repeat and re-assert, that I know nothing to warrant the opinion or belief that Spain will make compensation for all spoliations of our merchants, or for the greater part or mass of them. I certainly never did say that Spain had refused all redress ; for it will be recollected by all present, that I ex- pressly stated, the other day, the injury done to us by the Spaniards themselves in every place they had found our flag.,.. and that our vessels were carried into their ports by French cruisers^ condemned without the semblance of a trial^ and our citizens thrown into prison. That if we cook possession of the country on the Mississippi, we should have an ample fund in our hands to compensate all our merchants who had suf- fered from the conduct of the Spaniards ......that the merchants would willingly accept such an advantageous off"er :..,.and that otherwise there was no reason to hope that they would all be indemnifed: and I now return to that gentleman his own words, that he does know, and must be sensible, from the very documents he has alluded to, that there is little, if any hope, that the great body of injuries and losses sustained by our merchants from the Spaniards in different quarters of the world, and the conduct of the French in Spanish ports, will ever be compensated or paid by Spain, unless in the mode that I had suggested. ( 100 ) The same gentleman had said, that we have no facts re- specting Spanish spoliation authenticated and reported to us, and offers this as a further reason for delay and negociation. The facts of spoliation, and vexatious, oppressive conduct towards our nierchcints, and seamen, as well on the sea as within tht; jurisdiction of the Spanish government, both in Europe and Aimerica, were so notorious, and of such extent and continuance, th?.t no man could doubt, or deny the aggra- vated series of outrage and oppression which we had expe- rienced. Although the execative, or other ofncers of govern- ment may not have collected and reported these complaints to this house., vet this forms no excuse for the aggressors, much less a reason vvhy we should abstain from gi\'ing' r.ttention to them, while considering indignities of another description. But, that the gentleman might never again be able to say that he had met with no authenticated case of spoliation by the Spaniards, he would now produce and read one to the senate, which had been delivered to him for the purpose of obtaining the aid of our government to get reparation. The men who had been robjed were industrious inhabitants of the v/estcrn country^ who lived near Pittsburg. Thev descended the Mississippi' with a cargo of Hour, and finding but a low market at New Orleans, shipped their fiour on board of an American vessel, and after being two or three days at sea, were taken by Spanish vessels, carried into C?mpeachy, their flour sold, their captain cast into prison, themselves restrained of their liberty ; several died in this captivity ; and those who retvn-ned home had no allovv'ance made to them by the Spaniards for their property thus unjustly captured ; and of course they only returned to witness the ruin of their families by a loss of property which they had not the meaTis of paying for, having purchased on credit. There could be no excuse for the capture ; these men lived in the interior country, they were cleared out from a Spanish port, in an American vessel : yet all these circum- stances could not save them from the rapacity of the Spa- niards. [Here Mr. R. read the protest of several American citizens before Mr. Morton, the American consul at Havan- nah, stating the capture of their vessel, their captivity at Campeachy, the loss of all their propert)', and that they lived in the western country, from which they had gone down the Ohio with this flour to New-Orleans.]* * This case proved to be of a very dif'crent cliaracter; the captain in question appears to littve been enj^a^ed in tr.tns.'ictions of a grossly illegal cha- racter. ( 101 ) Mr. R. said here was a case of prodigious hardship and oppression arising out of the very trade and intercourse which the Spaniards had at last undertaken to obstruct and destroy ; and therefore he thought it proper to be brought forward during this discussion, to shew the temper and the conduct •of these people towards us before they had proceeded to the last extremities. The second position taken by the gentleman from New York, (Mr. Clinton) and indeed by idl who had spoken against the resolutions, amounted to this :....That,every nation was bound to demand satisfaction for an Injury before It em- ployed force for redress ; and that a refusal of satisfaction must precede the use of force. However humane or salutary the general principle might be, certainly It did not hold universally, or to the extent that gentleman contended. No book, no writer of authority, had ever contended that this principle should operate when the essential rights, the well-being, or the peace of ihe country were exposed to danger, and the rule had no application but to inferior or minor rights of the society, where delay and negociation might be safely resorted to. No man could say, that this rule would hold where an army was marched to your frontier, or landed upon your territory ; or a fleet blockaded your harbours, or demanded contribution from your seapoi'ts. Such cases admitted not of negociation : the intention of the assailant was manifest, the danger imminent, and immediate use of force and hostility unavoidable by the most peaceable nation. It would be said that these were extreme cases, and formed exceptions to the general rule. They certainly de- monstrated that the rule was not so general as gentlemen contended for, and when the case at present under considera- tion is carefully examined, it will be found among those essen- tial aiid all important rights of the nation, which, when at- tacked, immediate force should be employed to repel the assailant. In cases of invasion, the mere possession of a small portion of your soil, is not the primary consideration ; you are impressed with the approach of further and more serious injury. The hostile Intention is manifest, the act such as to leave no doubt, and your right such as can never be abandon- ed. So here, though there be no actual aggression within the limits of your territory, yet you have a territorial right at- tached to your soil, constituting its only value, which is di- rectly attacked and destroyed. Of what value is the territory when ^tripped of this right ? Where is your independence ? ( 102 ) Where is your sovereignty in that country without the unre- strained exercise of this right ? Without it the mere soil is of no vahie. It is an attribute* inseparable from the substance. To attack it, is to attack your very existence, for it is the great artery of the western country, the circulation through which, when stopped, endangers convulsion and political death. The destruction of this right is a greater calamity, than a blockade of a seaport, or even a landing on the Atlantic coast. The jriischief is incurable. Can it then be said when this vital part of the nation is assailed, you will wait for information of the intent ? You will enquire into the motives ? You will not em- ploy force to resist the attack, although you may be undone before you can receive an answer ? You will hazard convuU sion and dissolution, because possibly the aggressor has rea- sons for the outrage, that you do not yet know 1 This can- not be wise, it cannot be the course which national honor or safety calls upon us to pursue ; because you never can aban- don the right now denied and wrested out of your hands ; you can no more abandon it, than any other portion of coun- try within your territorial limits, when invaded by an enemy. But in whose favour is this delay asked ? With whom are 5'ou going to negociate for reparation of the injury ? Why with those, who, by their mvn confession, have no right in the country from which they exclude you. When you enquire of the court of Spain what has led them to this outrage, they miay repl}', we know and care nothing about it ; that couiUry is no longer ours ; we have abandoned all claim to it, and or- dered our officers to withdraw. The title is now in another. Will this satisfy you ? Will it redress the injury ? Where will vou go next ? Or how long will you wait for an answer to the question of who turned us out of doors and keeps us out ? You have the same reasons for a second as for the first delay ; and in the meanwhile you are out of actual possession ; the wrongdoer is in. But, sir, we are triumphantly told, that it has been the practice of all civilized nations to negociate before they go to war. Round assertions, like general rules, are to be re- ceived with exceptions and great allowance. I dispute the fact ; although my argument docs not need this kind of aid ; for I am persuaded there is no precedent of an independent nation reiving upon negociation alone, in such circumstances. If you go to books, or to the example of other countries, you will find no dictum of a writer, nor instance of a state, diat will justify the course now held by gentlemen on the other ( 103 ) side. For wherever the nation has been invaded, its vital interests attacked, its existence drawn into hazard, its essen- tial rights exposed to immediate destruction, every writer and every state will bear you out in resorting without delay, to the strongest means in your power for repelling the aggressor. The conduct of the Romans has been more than once mentioned. ...Their history is handed down to us by them- selves, and even in that we shall too often find, that while their ministers of peace were affecting to demand reparation, the consul had advanced with his eagles to the frontier, and was ready to enter the country where the negociation was pending ; we shall find that they negociated often and long, when it did not suit them to commence an immediate at- tack ; and the negociations, especially when at a distance, were protracted, until their armies had been recruited ; wars nearer home ended ; and every thing ready to strike a deci- sive blow. But you have no instance of negociation without military preparation,, where the Roman territory was invaded, or a Roman treaty violated. Leaving antiquity, the honorable gentleman (Mr. Clinton) has adduced and extolled the example of England in modern times, and traced her through many scenes both of negociation and war. But he did not dwell upon her conduct in the begin- ning of the \var of 1756, when all the commerce of France was destroyed by a general sweep, without a previous decla- ration of war ; and yet this was so certainly the case, that the gentleman must well remember it formed a subject of com- plaint, and was used to protract the negociation for a general peace in 1763. He has also forgotten their conduct towards the Dutch, during our revolutionary war ; and their late ar- mament against the Danes. His comments also upon the conduct of their ministry in 1762, ^vere peculiarly unfortunate, because we know, that the nation was afterwards actually ob- liged to declare war against Spain, when she had full notice of their intention, and time to prepare for the attack ; whereas, had war been waged when the hostility of Spain and her se- cret alliance with France, were first ascertained, they would have possessed prodigious advantagcsj which were lost by in- effectual negociation and dela}'. I will not follow the gentleman to Nootka Sound, to the- Bay of Honduras, or the IVIusquito Shore ; but I will at once admit, that in cases of minor rights, of spoliation upon com- merce in time of war ; nay, in all cases that do not involve the well-being, or national independence, negociation and arnica- C ^04 ) blc adjustment should be resorted to ; and demand of repara- tion should precede actual hostility. I will even say, that were the Spaniards to cross the Mississippi at the Falls of St. Anthony, imd build a fort on our side of the river, place a gar- rison in it, and thus actually invade our territory ; in my opi- nion we ought to negociate and demand explanations bci(jrc we sent troops to demolish the fort. Although the act would justify the immediate use of force, yet the station is so remote, and of so little importance in the use of it, that friendly m.eans might be safely and wisely resorted to in the first instaiice. Quitting Europe, the gentleman exultingly appeals to the usages of our own country, in cases v/hich he alledges were either similar to, or stronger than the present. I'he mune of Washington is introduced to silence all further dispute on this question 1 Sir, I reverence the audrority of that great man's official conduct. He v/as the fadier of his country, the terror of its enemies, and the ornament of huma.n nature. He is now gone to mix v>rith the heroes and sages of other times and nations, in a happier world ; but it was easily fore- seen that those who seldom agreed with him in his lile, would be the first after his death, to fly for shelter to his example, when overtaken by calamity or misfortune 1 That man led the armies of tlris countiy to victory.. ..to independence. He knew better than any man the interests, the feelings, the dis- positions of the people. He witnessed the origin and progress of complaints on both sides respecting the inexecution ot the treaty of peace betv/een us and Great Britain. We justly re- proached them with detention of the western posts, and their refusal to deliver our slaves, as stipulated by treaty : They replied that we did not pay them our old debts. These dis- putes became the subject of ncgociation, under the old con- iedcration, and we had a minister in that country who at- tempted an amicable adjustment. When general W^ashing- TON came to the head of our present government, he sent another minister to that country, and v/hilehe was endeavour- ing a peaceable accommodation, a storm broke out in France, which soon spread beyond its own boundaries, and involved the neighbouring nations in war. The rulers of France, wishing to engage us in their quarrel, sent a minister to this countrv with express instructions to embroil us, it possible, in this desolating war. Unfortunately that minister possessed abilities and a disposition well adapted to such a mission. He landed in a part of our country remote from the seat of govern- ment, and instr.ntly began to i'-.sue his commissions to our ( 1^5 ) Citizens, not only to equip privateers and plunder the comi merce of nations with whom wc were at peace, but to enlist men and raise a military force within the United States, for the purpose of attacking the possessions of Spain in Florida. He travelled onward from Charleston towards the seat of government, making proselytes as he advanced, and gaining new adherents at every step of his journey. He was received with acclamations of the livtliest joy in the capital city of this tountn i and after emplo) ing all the soothing arts of fratei*-" nization, civic feasts, and puijlic spectacle, he proceeded, as before, with his commissions, and actually insisted upon and exercised the right of bringing into our ports and selling prizes taken from nations with whom we were at peace. This minister had the address to seduce many of our citizens to inlist under his banner ; and but too many, even of our re- spectable men in high employment, applauded his conduct and gave his measui-cs a countenance they did not deserve. All ranks seemed pleased with the zeal and the boldness of the minister's mincl^ and an union of this country with France in the war seemed inevitable, as no effectual steps had been taken to restrain this wild, extravagant condition of things among us. I mention not these events with a wish to hurt the sensibility of any one, for I know that this country was then without experience ; we had never before been in the relation of neutrality towards powers at war, and we enter- tained a lively affection for France, because she had aided us in the revolution war, and was then as we thought, contend- ing for libert}' hei'self. The respectable men who, led away by their feelings, joined in the plu"enzy of that time, would not now display such opinions, or enter upon any public act to commit or endanger the peace and honest neutrality of their country. Very unfortunately, however, we had then here a minis- ter from Great Britain who was but little inclined to promote good understanding, and who probal^ly transmitted discolour- ed accounts of all that passed from day to day. Things were sufficiently wrong without any exaggeration of their enormity. When these accounts reached England, was it wonderful that they considered war as begun ? Was it strange that they should count upon hostility, when the acts of the people 'assumed but one complexion ; when the government had not taken means to do justice and prevent such injustice ; where their ahips were sold by their enemies, and every indignity put upon their subjects ? Hence we may trace tlis orders for spoliations j P ( 106 ) Hence the talk of Lord Dorchester to the Indians, and the other aggressions on the western frontier, which, however unjustifiable, were not altogether without provocation. In the meanwhile, the French minister increased in his activity and boldness of enterprise, under the very eye of our government ; he multiplied his complaints against the execu- tive, and his caresses and professions upon the people, until at last, confident in his numbers and support, he set the Presi- dent at defiance, and thi-eatened an appeal to the people. At that awful crisis of dehasion, Washington came forward, Mose&like, and put himself in the gap between the pestilence and the people. He demanded the minister's recal ; he was recalled.... He arrested the hands of our citizens who were armed to pkmder in time of peace... .He enforced the observa- tion of the rules of justice and neutrality. When these things became known in England, they produced a revocation of the orders to plunder our merchants. But the havoc and de- struction had been dreadful ; v-^e were highly and justly incen- sed, the blood of both nations was up.... It had scarcely cool- ed, and was easily roused to be ready for war. If the Bri- tish had not recalled their orders of November, 1793, we un- doubtedly should have instantly gone to war. It would have been unavoidably, nay, absolutely necessary. But when the revocation of those orders was known here, our President: considered that our own conduct had i\ot been perfectly regu- lar ; there was some cause of complaint against us, in the midst of all the just complaints we had against the British cruisers ; there were also old differences, which had created great un- easiness between the two countries. In the recent causes of quarrel, we had been the first, in suffering improper acts to be done by a foreign agent within our own territory, which we ought to have prevented as neutrals. Under all these cir- cumstances, being already engaged in an Indian war, he re- sohcd to try negociation : An envoy extraordinary was ac- cordingly sent. How does all this apply to the present case ? There had been old, unsettled differences with England ; ours with Spain were settled by the treaty of 1795. There were hor- Yih\c spoliations upon our trade by Britain, but we had permit- ted acts towards them, with which we were obligetl to reproach ourselves. Spain has also spoiled our commerce, and to an immense extent, without provocation. For that, the case of England would say ncgociate, and we have actually been ne- gociating. But had England blockaded yoiu- harbours, had ( 107 ) she shut out half a million of your people from access to tlie ocean, had she closed, up the Chesapeake or the Delaware, would there have been negociation ? No. You Vould, you must have had immediate war. Such an invasion of the Tiove- reignty and independence of the country would have left no hesitation in the mind of any man ; but fortunately as our af- fairs then stood, we were not obliged to resort to hostilities* The man of high talents who undertook to negociate, suc- ceeded in forming a treaty betv/een the two counuies. Such, however, were the passions of the times, that the negociator was grossly calumniated. T'he treaty was opposed by the foi- midable array of all the artillery of popular opinion, organized in town meetings, played off along the coast from Boston to Charleston, under the direction of the ablest engineer in this country. Public opinion was again shaken, but finally peace was preserved, the treaty went fairly into execution, and even the negociator w^as elected their governor, by the people of his own state, where he presided for a long time, with honour to himself, and infinite advantage to the interests and peace of the society ; until at length he retired from public hfe, leav- ing an example which will always be useful for imitation, and serve at the same time, as a severe reproof to those who may materially depart from it. Our differences and negociations with England, then, furnished an interesting and serious view of the course we have taken in troublesome times, but certainly, do not present any thinglike the present case. For although they actually held our western posts and built a new fort at the foot of the rapids of Miami, yet, we had never been in possession of those posts.... we had not purchased the country froxn the Indians. ... we had no settlements near it.... no great portion of our citi- zens were obstructed or cut off from the free exercise of their rights ; and there were mutual complaints, perhaps mutual enquiries, between the parties, which seemed to require ne- gociation as the only mode in which they could ever be ter- minated. Next comes our difference with Spain. To this it maybe answered briefly.... that we made a treaty widi that power : dif- ficulties arose respecting the execution of that treat}^ ; we had not then been in the possession or exercise of the rights claim- ed under the treaty. The Spaniards delayed and evaded the ^ixecution, in a very unjustifiable manner. But the admini- stration of that day did not rely upon negociation alone ; thev ordered troops to the Ohio, and had the Spaniards persisted ( 108 -) in their refusal, those troops would have acted decisively, without any new application to the court of Spain. They saw the approaching storm ; they entered upon the execution of the troaty, by running the line, and giving up the posts ; and, if the war office be examined, gentlemen will find that cur troops were then so disposed as to fall down the river Missis- sippi, and act with effect, at any moment. It was well known to us that Spain did not act in that business from the mere im- pulse of her own interests or wishes. She was then, and is istill, under the irresistible influence of a poweriul neighbor, with whom we at that time had serious diflcrences....She wai» urged and pushed forward by France. For Spain, until she became thus dependant upon France, has ranked high ior her good faith, and, in my own opinion, desei-vedly higher than any other court in Europe. Slow to promise, she has always fulfilled her engagement with honour, according to the spirit, without cavilling about the words of her treaties. When we were aware of all these thmgs, \A-lien there was no absolute refusal, but only delay and evasive excuses about the execution, not about the right, it would not have been wise to precipitate an absolute rupture between the two countries. The proceedings with France are next adduced. These are fresh in the memory of every one, and need not be repeat- ed. There was no blockade, no denial of egress to the ocean, no invasion, no territorial dismemberment, no attack upon the country which required the immediate use of force True, they captured your ships, they heaped indignities upon you ; but they also alledged that you had first broken the treaty of alliance. You negociated : what else could you do ? You had no navy. You could not go in quest of them, and they did not attempt to land on your shores. When their aggres- sions rose to such a height as to be tolerated no longer, and defensive war was resolved on, what was the conduct of the minority then ? Did they come forward and offer their sup- port like the minority now ? No, sir, they declared the admi- nistration wasblameable ; that the French had been provoked ; that peace was still attainable by negociation, uiid war at all events to be avoided. Look at the debates of that day, and you will discover that many leading men contended diat our own government was altogether in the wrong and France in the right. Such was the impression abroad, that Talleyrand insultingly boasted of a party in our own country, audi threat- ened us with the fate of Venice j and Avhcn th.e sacred right ( 109 ) £>f embassy was trampled upon, as stated by the honorable gentleman from New York, still the cry at home was nego- ciate, negxjciate. Surely there is very little, if any resem- blance, between that case and this. However justifiable a war would have been then, we must have gone abroad to seek our enemy ; now he has come to our doors, and stripped us of what is most precious :md dear to us as an independent nation. We are next told, imder the third head of objections, that our national debt will be encreased by war ; that war will be the necessary consequence of the resolutions ; that our ob- ject is war. Sir, oj-ir object is not war, but the attainment of security for a right without which our union, our political existence, cannot continue. In seeking this security should war arise, it will be a loss evil than insecure and delusive hopes ol tran- quillit}'. No doubt war will increase your public debt, but not more nor so much as vain attempts to secure tliis right another way ; and after failing you must have a war. But your merchants will not obtain indemnities lor spolia- tions. Their chance is but precarious now, and would be altogether as great in the way we propose to take. Seaports will be blockaded and die Mississippi shut,... The first is not probable, and as to the last, all the western people must be satisfied when they see their country maintain- ing and asserting their right. The very eifort to maintain it will consume a great portion of the resources and afforcl an ,cxtensive market to the aggrieved people, by supplying your military force. The river may as well be shut up completely as be in its present condition. An honorable gentleman (Mr. Wright) has said, that we may have a place of deposit within our own territorv, and navigate the river from thence. The gentleman has not certainly well considered this sub- ject. The nearest point upon our territory is three hundred miles from the sea. The river crooked, the current rapid, the anchorage bad. A favourable wind in one direction of the river, would be adverse at the next bend. Ships could never ascend in any reasonable time, nor could they gain anv point on our ov.'n territory, when theN^ are forbidden to touch the shore, even to fasten a cablv", or tow-line. Without the pri- vilege of the shore, the navigation woukl be impracticable. The honorable gentleman from Nt-w-York, had advan- ced a most extraordinary position: '^I'Jini if our adversaries ( 110 ) have time to prepare, we also have time to prepare.... Yet he resists the resokitions, and proposes no effectual military pre- parations. While they are busy, we are to be idle. ...When they make the stroke, we are in our present defenceless state. Next year, v/e shall be as weak and exposed as now ; our commerce equally scattered over the ocean ; our seaports as defenceless ; our army and navy as weak ; and they have then possession of the disputed spot, with an armament to annoy us, and maintain their possession. The honorable gentleman from Kentucky, (Mr. Brfxk- EKRiDGi:) disclaims ail apprehension of disgust, or disaffection among his constituents, or any of the western people. They were not always in this mild, forbearing temper upon the sub- ject of the Mississippi. It must be in the recollection of that gentleman, that Mr. Genet sent emissaries into Kentucky, distributed commissions there for enlisting men, and raising an army to take New Orleans, and open the navigation of the Mississippi to the western people. A very gallant and able officer accepted the commission of general on this expedition, and would undoubtedly have executed it, had not the recal of the French minister, and the failure of the promised resour- ces, defeated the entei-prize. What reason was there to sup- pose they would be more forbearing now ? That officer Vvas still alive, and if he were to erect his standard, the conse- quences could not be very doubtful. The honorable gentleman from Georgia (Gen. Jackson) agrees with us in every thing except as to the ti?ne of acting. He wishes to make an experiment at negociation, but admits the magnitude of the dispute, and that it involves the very ex- istence of Georgia and the southern states. If the late events had happened upon St. Mary's, or if the Savannah had been shut up by the Spaniards, there would have been little doubt of the course that gentleman v/ould have pursued. The news of the aggression and of the ag- gressors' graves, would have reached the seat of government "by the same mail. He would not have Avaited to enquire by whose orders they came there, or v/hether they could be ne- gociated out of Georgia. Aitiiougli the honorable gentleman disagrees with us as to the time of acting, yet lie has very honorably pledged him- ■sclf for the ultimate result, should negociation fail, and while it is impossible to agree with what he has said respecting the ordinary force of the country driving the new occupants Ircm their fastnesses ai:d forts in the niarshes of Florida or Nc^y ( 111 ) Orleans ; yet, sir, there can be no doubt tliat the spirit which disdains to think of the hazard of such an enterprise, is of the utmost value to our country. For my o\vn part, I have a plea- sure in declaring my wish, that the gentleman now lived on the Mississippi, and that he had authority from this govern- ment to act : I should have no doubt of the result, r.or of the confidence and universal consent with which he would be sup- ported. But he is certainly too much a soldier not to discern, that previous possession by a powerful enemy will require the labours and blood of a disciplined army, and the delay and skill requisite for the attack of a fortified country. We come now to consider the resolutions offered as a substitute : It is highly gratifying to find that g^entlemen are at last inclined to act. ..To do something like defending the rights of our country : Is there any new' shape given to this business by the proposed substitute ? We propose 50,000 militia ; They substitute 80,000. To do what ? Will gentlemen tell us the difference ? It is said ours are absolutely imperative ; if so, alter them, and give an unqualified discretion. We will agree to it. My own opinion is, that they should be im- mediately acted upon. If the majority wish for a bare dis- cretionary power, I assent to it. There is no difference ex- cept that one set of resolutions puts greater power into the hands of the President than the other. Are gentlemen on the other side afraid to trust the President ? Do they think he will abuse this power ? Will it hurt the negociation ? Instead of hurting it, our minister ought to carry this act to Europe with him. He is not yet gone, and it may be sent with him..., He would then have more means, and more forcible arguments to urge in his negociation. This v/hole subject v/as known at the meeting of Con- gress ; yet no step taken, till our resolutions v/ere proposed. Now gentlemen are wihing to do something [ They seem wil- ling to give means to a certain extent. Why not amend our resolutions, when their own are but a qualification of ours? We have but seven days to the end of this session. Why dis- pute about a substitute, when amendments may be made to meet gentlemen's wishes ? They agree to go a certain length j then say so, and strike out the rest. Certainly we will go with you as far as you propose, for we have offered to go far- ther. But gentlemen say they have full confidence in the nego- ciation. Be it so.... I cannot doubt the assertion of the gen- tlemen, although I drav/ a different conclusion from the ^ame ( il2 ) iacls. But let me present this question in a iitw shape, t\t New Orleans ; we are told that we arc to look for new and powerful neighbors in Louisiana. What right has Spain to give us these neighbors without consulting us .'' To change our present security into hazard and uncertainty? I do not believe that Spain has any right to do so. What are the li- mits of I^ouisiana ? It extends three thousand miles upon your frontier. New Orleans is ceded with it. Then the province of Louisiana and New Orleans lie between the Flo- ridas, and the other Spanish dominions on this continent. It is not d ffieult to pronounce who will command and own the I'loridas. They must belong to the master of Louisiana and New Orleans. Then the owners possess the lock and key of the whole western countr}'. There is no entrance or egress but by their leave. They have not only three thousand miles on your frontier in the interior country, but they have the command of your outlet to the- ocean, and seven hundred miles of sea-coast embracing the finest harbours in North America. This makes them, in fact, masters of the western woild. What will you give them for this enviable dominion? Not territory, for you have none to spare and they want none. Not commercial privileges. ...they will not want them, for they will then have enough and to spare.... What equivalent have you? What can you offer to men who know the value of such a country ? What would this senate take for the surrender of such an establishment were it ours ? Let every senator ask himself the question and declare by what rule of estimation his answer would be dictated. But I know it has been said, and will be said again, that the new French owners will confirm or permit our right of deposit and free navigation of the Mississippi They will open a free port and give us all we desire. Yes, sir, this would be the uvjkindest cut of all. 1 fear much less the enmity of the present possessors, than such neighbours. We shall holdb}^ their courtesy, not by the pro- tection of our own government. They will permit, but you f.annot inforce. They will give us all the advantages we now have and more : But will it be for nothing? Will they ask no return? Have they no ulterior views ? No.... During this insi- dious interval, they will be driving rivet after rivet into the iron yoke which is to gall lit. and our children. We must go to market through a line of batteries manned by veterans ; and ( 11-^ ) teturn home with our money through a fortified camp. This privilege will be held at their will, and may be withheld when- ever their Intendant forbids its further continuance. No doubt my earnestness may have betrayed me into expressions which were not intended. Every honorable gen- tleman Avill therefore consider me as addressing his reason and judgment merely, without meaning to give cause of of- fence. But I cannot conclude without addressing myself particularly to those senators who represent the western states. I entreat them to remember that these resolutions are intend- ed to vest a power which may, or may not be used, as events arise. If events should shew in the recess that negociation. must fail, what is the President to do ? He must call Con- gressi This will consume time, and the enemy gains immense ad\'antages. Why not put a force at his disposal with which he can strike ? With which he can have a pledge for your fu- ture well-being ? When the Atlantic coast is willing, shall this security be lost by your votes ? Are you sure that you will ever again find the same disposition? Can you recal the decisive moment that may happen in a month after our ad- journment? Certainly the country may be in such a state that at the next session you will have no such offer as at the present moment. There may be a pressure which would forbid it. Heretofore you have distrusted the Atlantic states ; now when they offer to pledge themselves, meet them and close with the proposal. If the resolutions are too strong, new model them. If the means are not adequate, propose other and more effectual measures. But as you value the best in- terests of the western country, and the union with the Atlantic coast, seize the present occasion of securing it forever. For the present is only a question of how much power the execu- tive shall have for the attainment of this great end, and no man desirous of the end ought to refuse the necessary means for attaining it. Your voice decides the direction this senate will take, and I devoutly wish it may be on^ we shall never repent. Mr. Morris. Mr. President, I rise with reluctance on the present occasion. The lateness of the hour forbids me to hope for your patient attention. The subject is of great im- portance, as it relates to other countries, and still greater to our own : yet we must decide on grounds uncertain, because they depend on circumstances not yet arrived. And when we attempt to penetrate into futurity, after exerting the utmost powers of reason, aided by all the lights which experience Q ( 114 ) could acquire, our clearest conceptions arc involved in doubt* A thousand things may happe)i ^vh^ch it is impossible to con- jecture, and which will influence the course of events. The wise Governor of all things hath hidden the future from the ken of our fef ble understanding. In committing ourselves, therefore, to the examination of what may hereafter arrive, we hazard reputation on contingencies we cannot command. And when events shall be past, we shall be judged by theniy and not by the reasons which we may nov/^ advance. There are many subjects which it is not easy to under- stand, but it is always easy to misrespresent, and w^hen argu- ments cannot be controverted, it is not difficult to calumniate motives. That which cannot be confuted, may be mistatcd. The purest intentions may be blackened by malice ; and envy will ever foster the foulest imputations.. ..This calumny is among the sore evils of our country. It began with our ear- liest success in seventy-eight, and has gone on with accelerated velocity and cncreasing force to the present hour. It is no longer to be checked, nor will it terminate but in that sweep of general destruction, to which it tends with a step as sure as time, and fatal as death. I know that what I utter will be misunderstood, misrepresented, deformed, and distorted ; but we must do our duty.... This I believe is the last scene ot my public life ; and it shall, like those which preceded it, be performed v/ith candor and truth. Yes, my noble friends, [addressing himself to the federal senators near him] we shall soon part to meet no more. But however separated, and wherever dispersed, we know that we are united by just prin- ciple and true sentiment. A sentiment, my country, ever dovoted to you, which will expire only with expiring life, and beat in the last pulsation of our hearts. Mr. President, my object is peace. I could assign many reasons to shew that this declaration is sincere. But can it be necessary to give this senate any other assurance than my Avord ? Notwithstanding the acerbity of temper which results from party strife, gentlemen will believe me on my word. I will not pretend, like my hon. colleague (Mr. Clinton) to de- scribe to you, the waste, the ravages, and the horrors of war. I have not the same harmonious periods, nor the same musical tones ; neilher shall I boast of christian charit}% nor attempt to display that ingenuous glow of benevolence so decorous to the cheek of youth, which gave a vivid tint to every sentence he uttered; and was, if possible, as impressive even as his elo- quence. But though we possess not the same pomp of words, ( lis ) our hearts are not insensible to the woes of humanity. We can feel for the misery of plundered towns, the conflagration of defenceless villages, and the devastation of cultured fields. Tui-ning from these features of general distress, we can enter the abodes of private affliction, and behold the widow weep- ing, as she traces, in the pledges of connubial affection, the re^ semblance of him whom she has lost forever. We see the aged matron bending over the ashes of her son. He was her darling ; for he was generous and brave, and therefore his spirit led him to the field in defence of his country. We can observe another oppressed with unutterable anguish : con- demned to conceal her affection ; forced to hide that passion which is at once the torment and delight of life ; she learns that those eyes v/hich beamed with sentiment, are closed in ■dea.th ; and his lip, the ruby harbinger of joy, lies pale and cold, the miserable appendage of a mangled corse. Hard, hard indeed, must be that heart which can be insensible to scenes like these, and bold the man who dare present to the Almighty Father a conscience crimson'd with the blood of his children. Yes, sir, we wish for peace ; but how is that blessing to be preserved i I shall repeat here a sentiment I have often had occasion to express. In my opinion, there is nothing worth fighting for, but national honor : for in the national honor, is involved the national independence . I know that a state may find itself in such unpropitious circumstances, that pru- dence may force a wise government to conceal the sense of indignity. But the insult should be engraven on tablets of brass, with a pencil of steel. And when that time and chance, which happen to all, shall bring forward the favourable mo- ment, then let the avenging arm strike home. It is by avow- ing and maintaining this stern principle of honor, that peace can be preserved. But let it not be supposed, that any thing I say, has the slightest allusion to the injuries sustained from France, while suffering in the pangs of her revolution. As soon should I upbraid a sick man for what he might have done in the paroxisms of disease. Nor is this a new sentiment : it was felt and avowed at the time when these wrongs were heap- ed on us, and I appeal for the proof to the files of your Secre- tary of State. The destinies of France were then in the hands of monsters. By the decree of heaven she was broken on the wheel, in the face of the world, to warn mankind of her folly and madness. But these scenes have past away. On the throne of the Bourbons, is now seated the first of the Gallic ( 116 ) Csesars. At the head cf that gallant nation is the great, the greatest man, of the present age. It becomes us well to con- sid<;rhis situation. The things he has achieved, compel him to *he achievment of things more great. In his vast career, we must soon become oojects to command attention. We too, in ovir turn, must contend or submit. By submission Vi^e may indeed have peace, alike precarious and ignominious. But is this the- peace which we ought to seek ? V/ill this satisfy the just expectation of our country ? No. Let us have peace per- manent, secure, and, if I may use the term, independent. Peace which depends, not on the pity of others, but on our own force. Let us have the only peace worth having, a peace consistent with honor. A gentleman near me, (Mr. Jackson) has told us the anecdote of an old courtier, who said, that the interest of his nation, was the honor of his nation. I was surprized to hear that idea from that gentleman. But it was not his own. Such is that gentleman's high sense of his personal honor, that no interest would induce him to sacrifice it. He would not per- mit the proudest prince on earth to blot or soil it. Millions would not purchase his honor, and will he feel less for the honor of his country ? No, he will defend it with his best blood. He will feel with me, that our national honor is the best secvirity for our peace and our prosperity. That it in- volves at once our wealth and our power. And in this view of the subject I must contradict a sentiment which fell from my honorable colleague (Mr. Clinton.) He tells U3 that the principle of this country is peace and commerce. Sir, the avowal of such principle will leave us neither commerce nor peace. It invites others to prey on that commerce which we will not protect, and share the wealth we dare not defend. But let it be known that you stand ready to sacrifice the last man, and the last shilling, in defence of your national honor, and those who would have assailed, will beware of you. Before I go into a minute consideration of this subject, I will notice what the gentlemen opposed to me have said on the law of nations. But I must observe that, in a conjuncture like the present, there is more sound sense, and more sound policy in the firm and manly sentiments which warm the hearts of my friends from Delaware, than in all the v-olumes upon all the shelves of the civilians. Let us however attend to the re- sults of those logical deductions which have been made by writei"s on the law of nations. The honorable member from Kentucky, (Mr. Breckenridge) has told us that sovereigns ( llj' ) ought to shew a smcere desire of peace, and should not hastily take offence, because it may be that the offensive act was the result of mistake. My honorable colleague has told us, that among the justifiable causes of war, are the deliberate inva- sions of right, and the necessity of maintaining the balance of power. He has told us further, that attempts should always be made to obtain redress by treaty, unless it be evident that redress cannot be so obtained. The honorable member from Georgia near me, informs us, that the thing we would obtain by war should be important, and the success probable, and that war should be avoided until it be inevitable. The ho- norable member from Maryland, (Mr. Wright) has ex- plained to us the case cited by the gentleman from Keniucky, as being that of a wrong done by a private citizen. Under the weight of all this authority, and concurring with gentle- men in these their positions, I shall take leave to examine the great question we are called on to decide. I shall moreover fully and entirely agree with the honorable member near me in another point. He has, with the usual rapidity of his mind, seized the whole object. He tells us, and he tells us truly, that tiie island of Orleans and the two Floridas are es- sential to this country. They are joined, says he, by God, and sooner or later we must and xuill have tliem. In this clear and energetic statement I fully agree ; and the greater part of what I have to say will be but a commentary on the doc- trines they have advanced, an elucidation of their positions, and the confirmation of that strong conclusion. In order to bring this extensive subject within such bounds as may enable us to take a distant view of its several parts, I shall consider first, the existing state of things : 2dly, the consequence to the United States of the possession of that country by France : Sdly, the consequence to other nations : 4thly, the importance of it to France herself: 5thly, its im- portance to the United States if possessed by them ; and hav- ing thus examined the thing itself in its various relations, the way will be open to consider, 6thly, the effect of negociation : and then, 7thly, the consequences to be expected from taking immediate possession. Before I consider the existing state of things, let me no- tice what gentlemen have said in relation to it. The honora- ble member from Kentucky has told us, that indeed there is a vight arrested, but whether by authority or not, is equivocal. He says the representative of Spain verily believes it to be an anathorised act. My honorable oolleagae informs us there ( 118 ) lias been a clashing between the Governor and the Intcndant. He says we are told by the Spanish minister it was unathor- ised. Notwithstanding these assurances, hov/ever, my ho- norable colleague has, it seems, some doubts. ...but neverthe- less he presumes innocence ; for my colleague is charitable. The honorable member from Maryland goes farther, he tells us the minister of Spain sa}'s, the intendanthad no such autho- rity ; and the minister of Frant too, says there is no such au- tliority. Sir, I have all possible respect for those gentlemen, and every proper confidence in what the}" m-.y think proper to communicate. I believe the Spanish minister has the best imaginable disposition to preserve peace ; being indeed the express purpose for which he vv^as sent among us, I believe it to be an object near to his heart, and which has a strong hold upon his affections. I respect the warmth and benevolence of his feelings, but he must pardon me that I am deficient in courtly compliment, I am a republican, and cannot commit the interests of my country to the goodness of his heart. What is the state of things ? There has been a cession of the island of New Orleans and of Louisiana to France.... Whether the Floridas have also been ceded is not yet certain. It has been said, as from authority, and I think it probable. Now, sir, let us note the time and the manner of this cession. It was at or immediately after the treaty of Luneville, at the first moment when France could take up a distant object of at- tention. But had Spain a right to make this cession without our consent? Gentlemen have taken it for granted that she had. But I deny the position. No nation has a right to give to another a dangerous neighbor without her consent. This is not like the case of private citizens, for there, when a man is injured he can resort to the tribunals for redress, and yet, even there, to dispose of property to one who is a bad neigh- bour is ahvays considered as an act of vmkindness. But as between nations, who can redress themselves only by war, such transfer is in itself an aggression. He who renders me insecure, he who hazards my peace, and exposes me to immi- nent danger, commits an act of hostility against me; and gives me the rights consequent on that act. Suppose Great Britain should give to Algiers one of the Bahamas, and con- tribute thereby to establiish a nest of pirates near your coasts, would you not considei it as an aggression ? Suppose during the late w^ar you had conveyed to France a tract of land along Kiidson^s river, and the northern route by the lakes into Canada, would not Britain have considered and treated it as ( 119 ) an act of direct hostility ? It is among the first limitations to the exercise of the rights of property, that we must so use our own as not to injure another ; and it is under the imme- diate sense of this restriction that nations are bound to act toward each other. But it is not this transfer alone. There are circumsttmces both in the time and in the manner of it which deserve atten- tion. A gentleman from Maryland, (Mr. Wright) has told you, that all treaties ought to be published and proclaim- ed for the information of other natiot^s. I ask, was this a public treaty ? No. Was official notice of it given to the governmcnL of this country ? Was it announced to the Presi- dent of the United States, in the usual forms of civility be- tween nations who duly respect each other? It was not,... Let gentlemen contradict me if they can. I'hcy will say per- haps that it was the omission only of a vain and idle ceremony- Ignorance may indeed pretend that such communication is an empty compliment, which, established without use, may be omitted without oifence. But this is not so. If these be ceremonies they are not vain, but of serious import and are founded on strong reason. He who means me well, acts without disguise. Had this transaction been intended fairly, it would have been told frankly. But it was secret because it was hostile. The First Consul in the moment of terminating his differences with you, sought the means of future influence and controul. He found and secured a pivot for that immense lever, by which, with potent arm. he mea.ns to subvert your civil and political institutions. Thus, the beginning was m:;de in deep hostilit}*. Conceived in such principles, it presaged no good. Its bodings were evil, and evil have been its fruits.. We heard of it during the last session of Congress, but t j this hour we have not heard of any formal and regular com- munication from those by whom it was made. Has the king of Spain? Has the First Consul of France no means of making such communication to the President of the United States ? Yes, sir, we have a minister in Spain ; we have :i minister in Fra. ce. Nothing was easier, and yet nothing has been c^lone. Our first magistrate has been treated with con- tempt ; and through him cur country has been insulted. With that meek and peaceful spirit now so strongly re- commended, we submitted to this insult, and what followed ? That which might have been expected; a violation of our treaty. An open and direct violation by a public oOicer of the Spanish government. This is not the case cited froui on^- ( 120 ) of the books. It is not a wrong done b}- a private citi^^ti, which might, for that reason, be of doubtful nature. No... /it is by a public officer. That officer, in Avhose particular de-- partment it was to cause the faithful observance of the treaty which he has violated. We are told indeed that there was a clashing of opinion between the Governor and ihe Intendant. But what have we to do with their domestic broils? The in- jury is done, we feel it. Let the fault be whose it may, the suffering is ours. But, say gentlemen, the Spanish minister has interfered to correct this irregular procedure. Sir, if the Intendant was amenable to the minister, why did he not in- form him of the step he was about to take, that the President of the United States might seasonably have been apprized of his intention, and given the proper notice to our fellow-citi- zens ? Why has he first learnt this offensive act from those who suffer by it ? Why is he thus held up to contempt and derision ? If the Intendant is to be controled by the minister, would he have taken a step so important without his advice ? Common sense will say no. But, the bitter cup of humiliation was not yet fujl. Smarting under the lash of the Intendant, the minis- ter soothes you with kind assurances, and sends advice boats to announce your forbearance. But while they are on their way, new injury and new insult are added. The Intendant, as if detennined to try the extent of your meekness, forbids to jour citizens all communication with those who inhabit the shores of the Mississippi. Though they should be starving^ the Spaniard is made criminal who should give them food. Fortunatel}', the waters of the river are potable, or else we should be precluded from the common benefits of nature, the common bounty of heaven. What then, I ask, is the amount of this savage conduct ? Sir, it is war. Open and direct war. And yet gentlemen recommend peace, and forbid us to take up the gauntlet of defiance. Will gentlemen sit here and shut their eyes to the state and condition of their country ? I shall not reply to what has been said respecting depredations on commerce, but confine myseli to objects of which there can be no shadow of doubt. Here is a vast country given away, and not without danger to us. Has a nation a right to put these states in a dangerous situation ? No, sir. And yet it has been done, not only without our consent previous to the grant, but without observing the common forms of civility after it was made. Is that wonderful man who presides over the des- tinies of France, ignorant or unmindful of these forms ? See what was done the other day. He directed his minister to- ( 121 ) communicate to the elector of Bavaria, his intended move- ments in Switzerland, and their object. He knew the elec- tor had a right to expect that information, although the great- er part of Swabialies between his dominions and Switzerland. And this right is founded on the broad principles already men- tioned. As to the depredations on our commerce, they are nu- merous, and of great importance ; but my honorable colleague has told us, our merchants are in a fair way of getting redress. 1 own, sir, I am surprized at this information, which is, I presume, a state secret, communicated from the executive de- partment. My honorable colleague, who is the pattern of discretion, who was the monitor, and threatened to be the castigator of those, who, fi-om treachery or weakness, might betray or divulge the secrets of the Senate, cannot possibly allude to any thing on our files. He has, therefore, received this information from some other quarter, and I feel myself much obliged by his kind communication. But he must par- don me, six-, that until it comes forward in some body, shape, or condition, which I can grasp, I am compelled to withhold my faith. Having thus examined the existent state of things, I pro- ceed to consider the consequence to the United States, resulting from the possession ot that country by France. To this effect I shall suppose the Floridas to be included in her newly ac- quired dominion, and shall state what I conceive to be the conduct which she will pursue. She will, I presume, consider herself as not bound by our treaty with Spain. Declaring this to the inhabitants of the western country, and repelling the claim of right, she will (as matter of favor) give them un- limited freedom of trade to and from New Orleans. At that place, she will eventually raise a considerable duty on ex- ports, to pay the expence of her garrisons, and of the civil administration. But to compensate this, she v/ill probably give an exclusive privilege of commerce to her colonies, and obtain from Spain and Holland similar privileges. Under these circumstances, let us examine the general and particu- lar consequences to this our country. The general consequences are those which affect our commerce, our revenue, our defence, and what is of more importance even than these, our union. Your commerce will suffer, because you will no longer hold the means of supply- ing the West-India islands subject to your single control, and because all the export from New Orleans, being, of course, in R ( 122 ) French bottoms, your navigation will be proportionably dimi-' nished. Your revenue will suffer as much as your commerce. The extensive boundary of more than two thousand miles, will be stocked with goods for the purpose of contraband trader The inhabitants will naturally take their supplies in that way. You must therefore multiply your revenue officers and their as- sistants, and while your receipt diminishes, the expence of col- lection will be encreased. As to what regards your defence, it is evident that the decrease of yomr navigation and revenue, must narrow your means of defence. You cannot provide the same force either by land or by sea ; but the evil does not stop there. With this country in your possession, you have means of defence more ample, more important, more easy than any nation on earth. In a short time all the West-India islands, fed froAi your granaries, must depend on your wilL And in consequence, all the powers of Europe who have colonies there, must court your friendship. Those rich sources of commercial importance \^ill be as it were in j'Our hands.... They will be pledges for the amity of others in seas and do- minions far remote. It is a defence, which though it costs \ ou nothing, is superior to fleets and armies. But let the re- sources of America be divided, (which must happen when the French are masters of New Orleans) and all this power and influence are gone. One half your resources will be in their hands, and they will laugh at your feeble attempts with the other half. It is the interest of this country that the pos- sessions of European powers in the West-Indies should be se- cured to them. And in this view of the subject it is important that the island of St. Domingo should be subjected by France^ it would therefore have been wise to have aided in that sul)ju- gation. There i& indeed a special reason for it beyond the considerations of external policy. That event will give to your slaves the conviction that it is impossible for them to be- come free. !Men in their unhappy condition must be impelled by fear, and discouraged by despair. Yes '....The impulsion of fear must be strengthened by the hand of despair I Consider, moreover, your condition in the wars which are most likely to happen. These must be either with France or England. If with France, your interior is ruined ; if with England, the commerce of the Atlantic states will be distressed, and that of the western country too, though not perhaps in so great a de- gree. Thus let the war be with whichsoever of those nations it may, one half of the United States must be peculiarly inju- red ; and in all cases it will be difficult for them to assist each ( 123 ) other. The ulterior has no seamen for naval defence, the sea- board can send few if any troops beyond the mountuhis. This powerful influence of one nation on one great division of our country, and of another nation on the remainder, Avill tend to disunite us. The ridge of mountains will mark the line of dis- tinct interests. The effect of those differing interests will be felt in your councils. It will find its way to this floor. This must be the case so long as man is man. Look I pray at those nations. The enmity of France and England can terminate only by the subjection of one to the dominion of the other. It must be by the complete exertion of force, and the utter im- possibility of resistance. They are the Rome and Carthage of modern times. Their implacable spirit will stimulate them to attempt a division of this country, by sentiments of hatred, deadly as their own. These efforts will, I hope, be vain : but with such powerful engines to operate on the interest and the will, is there not danger to that union so essential to our pros- perity ? There will be a constant struggle in Congress as to the kind of public force which ought to be maintained. The one part will desire an army, the other a nav)''. The unyielding spirit of party, will, perhaps, prevent the support of either ; leaving the nation completely defenceless, and thereby increas- ing the power of those who may influence or command our destinies. For let it be remembered, that a nation without public force, is not an independent nation. In a greater or smaller degree, she will receive the law from others. Having thus considered the effect of this cession upon the United States, in a general point of view, let us now exa- mine it more particularly, as it regards the greater divisions of our countiy, the western, the southern, the middle, and the eastern states. I fear, sir, I shall detain you longer than I intended, certainly longer than the light of day will last, not- withstanding my effort to comprise what I have to say in the smallest compass. As to the western states, the effects will be remote and immediate. Those more remote may be examin- ed under the twofold aspect of peace and war. In peace they will suffer the diminution of price for their produce. The ad- vantage of supplying the French, Dutch, and Spanish colo- nies, may at first sight lead to a different opinion ; but when the port of New Orleans is shut to all but French ships, there will no longer be that competition which now exists, and which always results in the highest price that commodities can bear. The French merchants have neither the large capital, nor have they the steady temper and persevering industry which ( 124 ) foster commerce. Their invariable object in trade, is to ac- quire sudden wealth by large profit; and if that cannot be clone, ther abandon the pursuit for some new project. Cer- tain of the market, and certain of the encreasing supply, they will prescribe the price, both to those who cultivate, and to those who consume. Such will be the effect in peace. In a war with England, the attention of her fleets to cut off sup- plies from her enemies, must necessarily afl^ct the price of produce in a still greater degree ; and in a war with France it will bear no price at all, until New Orleans shall be wrested from their grasp. Add to this the danger and the devastation from the troops of that country, aided by innumerable hosts of savages from the v/estern wilds. Such being the evident effects to be produced in times not far remote, the present evil follows from the anticipation of them, llie price of land must be reduced from the certainty that its produce will become less valuable. The flood of emigration to those fertile regions must cease to flow. The debts incurred in the hope of ad- vantageous sales, must remain unpaid. The distress of the debtor, must then recoil on his creditor, and, from the com- mon relations of society, become general. What will be the effect on the southern states ? Georgia, Carolina, and the Mississippi Territory are exposed to inva- sion from the Fioridas and New Orleans. There are cir- cumstances in that portion of America which render the inva- sion easy, and the defence difficult. Pensacola, though the climate be warm, is among the healthiest spots on earth. Not only a large garrison, but an army may remain there without hazard. At Pensacola and St. Augustine, forces may be as- sembled to operate in that season of the year, when the moras- ses which separate them from our southern frontier no longer breathe pestilence. By what are those armies to be opposed ? Will you call the militia from the north to assist their southern brethren ? They are too remote. Will you to secure their seasonable aid, bring them early to the fields they are ordered to defend ? They must perish. The climate more fatal than the sword, will destroy them before they see their foe. The country adjoining to our southera frontier is now in possession of the most numerous tribes of savages we are acquainted with. The access to it from New Orleans and the Fioridas is easy and immediate. The toys and gewgaws manufactured in France, will be scattered in abundance, to win their affec- tions, and seduce them from their present connection. The talents of the French to gain the good will of the savages is ( 125 ) well known, and the disposition of those uncultured men for war, is equally notorious. Here then is a poweriui Instru- ment of destruction, which may be used against you with i-u- inous effect. Besides, what is the population of the southern states ? Do you not tremble when you look at it ? Have we not within these few days passed a law to prevent the importa- tion of certain dangerous characters ? What will hinder th. m from arriving in the Floridas, and what can guard the approach from thence to our southern frontier ? These pernicious emis- saries may stimulate with a prospect of freedom the miserable men v/ho nov/ toil without hope. They may excite them to imitate a fatal example, and to act over those scenes which fill our minds with horror. When the train shall be l.tid ; when the conspiracy shall be ripe ; when the armies of France shall have reached your frontier, the firing of the first musket will be a signal for general carnage and conflagration. If you will not see vour danger now, the time must soon arrive when you shall feel it. The southern states being exposed to such imminent danger, their representatives may be made to know, that a vote given in Congress shall realize the worst apprehen- sions. You will then feel their danger even on this floor. Such being the probable result, as to the southern, what will it be to the middle states ? Their trade to the West-India islands is gone the moment that country is in possession of the French. England, to whose dominions alone they can have recourse for the vent of their produce and the purchase of their supplies, will confine that commerce to her own ships. I say the moment the French are in possession of New Orleans your West-India trade is gone. I do not mean that this ef- fect will be sudden as a flash of lightning, but it will be gone in a few years, which may be considered as a moment when compared with national existence. You will then be depend- ant for that trade on the good will of England, and, as your navigation decreases, your dependence will be still greater, because you will rely on her navy for your protection. I again repeat, that when it shall be a question in your councils whether you will have a navy, the increasing weight of the western country will be thrown into the scale of opposition. They will insist on an army for their protection. My honorable colleague has expressed his fears from a standing army. Sir, your present negligence will put you under the necessity of having such an army, and expose you to all the consequences to be apprehended from it. You may indeed remain united in a body as one nation, but with such coatrarient interests ( 126 ) and opinions, with sentiments and views so different, it will be a large and languishing body without a sovil. To the eastern states, when separately considered, this may appear a matter of less moment than to the other great divisions of our country. But they will perceive in it the loss of their navigation ; they will see the theatre of their indus- trious exertions contracted ; they will feel the loss of the pro- ductions of that western world in the mass of their commer- cial operations ; and above all, they will feel the loss of an ample resource for their children. These western regions are pecu- liarly their heritage. It is the property of the fathers of America which they hold in trust for their children. The exuberant population of the eastern states flows in a steady stream to the western world, and if that be rendered useless, or pass under the dominion of a foreign power, the fairest hope of posterity is destroyed. The time may come, and I fear it will come, when those who cross the mountains will cross the line of jurisdiction. Whether we consider, there- fore, this object in its relations to our general policy, or exa- mine its bearings on the greater divisions of our country, we find ample reason to agree with the gentleman near me, that New Orleans and the Floridas must not be separated from the United States. Let us now consider the consequence of the cession we complain of to other nations, and this we may do generally, and then more especially as to those who have a direct and immediate interest in the transaction. In a general view, the first prominant feature is the Colossal power of France. Dan- gerous to Europe and to the world, what will be the effect of a gi'eat increase of that power ! Look at Europe. One half of it is blotted from the list of empire. Austria, Russia, Prussia, and Britain are the only powers remaining, except Sweden and Denmark, and they are paralized. Where is Italy, Swit- zerland, Flanders, and all Germany west of the Rhine ? Gone, swallowed up in the empire of the Gauls. Holland, Spain, Portugal, reduced to a state of submission and dependence.... What is the situation of the powers that remain ? Austria is cut off from Italy, the great object of her ambition for more than three centuries ; long the rival of France, long balancing with the Bourbons the tate of Europe, she must now submit, and tacitly acknowlege to the Avorld the superiority of her foe, and her own humiliation. Prussia, under the auspices of the great Frederick, was at the head of a Germanic league to bidunce the imperial power. Though united with Austria for 127 ) a moment in the hollow league of the coalition, she has, like Austria, been actuated by a blind jealousy, and favouring the operations of France for the ruin of her rival, expected to share largely in the general spoil. In this fond hope she is disappointed ; she now sees the power of France at her door. There is not a fortress from the Rhine to the Baltic, except Magdebourgh, which the First Consul may leave on his leit. The fertile plains near Leipsic contain the magazines for his armies when he shall diink proper to march to Berlin. West- phalia and lower Saxony ai-e open, on the side of Flanders and Holland, The Maine presents him a military road to the borders of Bohemiae By the Necker he appi'oaches Ulm^ and establishes himself on the Danube. These rivers enable him to take the vast resources of his wide domain to the point vyhere he may wish to employ them. Menacing at pleasure his neighbors, he is himself secured by a line of fortresses along his whole frontier. Switzerland, which was the only feeble point of his defence, and w4iich separated his Gallic and Italian dominions, has lately been subjected. The voice you now hear warned the Swiss of their fate more than eight years ago. The idea seemed then extravagant ; but realized,, it appears but as a necessary incident. Russia is deprived of her influence in Germany, and thereby of a principal instru- ment by which her policy might operate on the great powers of the south. The Germanic body is indeed in the hand of the First Consul. Three new electors along the Rhine are under the mouths of his cannon. They dare not speak.... Speak! None daa-e speak fhey dare not think any thing inconsistent with his wishes. Even at their courdy feasts they sit like Damocles, destruction suspended over their heads by a single hair. Would you know the sentiment of Eng- land ? Look at the debates. In the two houses of parliament they speak their fears. Such being the general sentiment of Europe, can it be supposed that they will view without anxiety a new extension of that power and dominion, the object of their hatred and apprehension. Will it be said that there is a security to the freedom of mankind from the moderation with which this enormous pow- er is to be exercised ? Vain delusion ! This power is not the result of accident. At the moment Vv'hen France dethroned her sovereign, it was easy to foresee that a contest must ensue in which her existenc® woidd be staked against the empire of the world. If not conquered by surrounding princes (and the hope of such conquest unless by the aid of her own citizens ( 128 ; was idle) her numerous armies acquiring discipline must even- tually conquer. She had the advantages of situation, and those which result from union, opposed to councils uncertain and selnsh. It was easy also to foresee that, in the F.ame progress of events, some fortunate soldier would seat himself on the vacant throne : for the idea of a French republic was always a ridiculous chimera. Bonaparte has placed himself at the head of that nation by deeds which cast a lustre on his name. In his splendid career he must proceed. When he ceases to act he will cease to reign. Whenever in any plan he fails, that moment he falls. He is condemned to magnifi- cence. To him are forbidden the harmonies and the chari- ties of social life. He commands a noble and gallant nation passionately fond of glory. That nation stimulates him to glorious enterprize, and because they are generous and brave, they ensure his success. Thus the same principle presents at once the object and the means. Impelled by imperious cir- cumstances, he rules in Europe, and he will rule here also, unless by vigorous exertion you set a bound to his power. Having cast thus a rapid glance on the general state of Europe, it remains to look particularly at the condition of England and Spain, so far as they may be affected by the ces- sion of those provinces to France. England v/ill see in it an increase of commerce and naval force for her rival. She will see imminent danger to her islands, and particularly to Jamaica, The ' iimate of Pensacola has already been noticed. The position is of incalculable moment. During the sickly and hurricane season, fleets and armies may wait there in safety till their enemy shall be enfeebled and unprotected. Where vvill the British fleets and armies be stationed with equal ad- vantage ? If they ask an asylum in your ports, you must re- fuse ; for should you listen to any such proposition your kind- ness would be considered as a hostile aggression. The influ- ence of France on the United States (which has already been noticed) will give double weight to her representations. And this very influence is among the effects which Britain must deprecate. I have not time to dwell on this subject, nor many others as fully as I ought. The condition of Spain is not less worthy of notice. No two nations on earth have more rooted hatred for each other than France and Spain. There are none more different in essential points of character.... United, however, under sovereigns of the same family, these antipathies were wearing away. But the fatal stroke which destroyed the French monarch has severed that band. Force ( 129 ) has since produced not union, but submission. It is not in nature that the Spanish king should foster kindly sentiments for him Avho has decked himself in the spoil of his house.... The proud, the brave, and the loyal Castilian groans under the yoke which galls him, but which he cannot break, and sickens at the recollection of his ancient glory. His deep I'e- scntments are known, and it is to prevent their effects that he has been compelled to make the cession of those provinces.... France will then hold at her discretion the Spanish treasures, and the rich provinces of the New World. At the first sym- tom of hostile sentiment, she arrests the means of aggression. 7"hus the dependance of Spain is rendered absolute, aud her chains are riveted forever. Does Spain behold this state of things with calm indifference ? No ; she feels all the pangs of v/ounded pride, driven to the necessity of perpetuating its own humiliation. A fev/ words after what has already been said will suffice to shew the im.portance of those provinces to France. This re- sults from the inHuence on her rival, on Spain, and on the United States ; by means of the position, the resources and the means of aggression which those provinces afford. Enough has been said of the position. The resources are great and encreasing. Not only cotton and indigo will be furnished for her manufactui-es, but supplies and subsistence for her colonies and her troops. These resources too will be at the very point most important both for defence and aggression.... The same force will be ready to operate either against En- gland, Spain, or America. Thus that force will be tripled in its moral effect, and influence alike the conduct of all against whom it may be directed. To what has been said on. the facility with which we may be assailed, I might add much, but it is unnecessary. It behoves us, however, to consider well the spirit of the French government, which in all its changes, has never lost sight of this object. The French minister Mons. De la Luzerne, when Congress were delibe- rating on the ultimata for peace, obtained a resolution that our ministers should, as to our western boundary, treat under the dictation of France. Our ministers disdained the condition, and refused to obey. Their manly conduct obtained for you the countries whose fate is now suspended on your delibera- tions. Never, no never, has France lost sight of Louisiana. Never for a moment has she been blind to its importance.... Those who, driven from her bosom into exile, w^andered about among us, have gathered and communicated the fullest infor- S ( 130 J lAation. While they enjoyed your hospitaVity, they probed your weakness, and meditated the means of controliing your conduct. Whatever may be the fair appearances, rely en it that everv Frenchman bears with him every where a French heart, and so he ought. I honor him for it. O I that Ame- ricans had always an American heart ! It remains to notice the advantage of this country to the United States, as it may relate to our power, our peace, our commerce, and above all, to our freedom. As to our power something has already been said on the peaceful influence which results from the dependance of colonies belonging to the great nations of Europe.. ..add to this, that the product of those colonies must pass by our doors and be exposed to our cruisers. A further advantage is to be found in the ready means of invasion (in concert with the troops of others) if driven to the necessity of war. The possession of power will give us not only security, but peace. Peace indeed can never be safe but by the aid of power. Our disposition is pacific. It is our interest to be at peace, and the form of our govern- ment, while it secures to us the enjoyment of as much liberty as is possible, renders it particularly imprudent to risque in war, any change of the constitution. Grant us these provin- ces, and we can dictate the conditions of our commerce with the islands. Possessed of them, it will be doubly lucrative, and without them, wholly uncertain. There is another stream of profitable trade which will then flow in ovir channels. The risque and difRculty which Spain experiences in bringing home her treasures when she is at war, Avill naturally suggest the advantage of remitting them through this country. The pro- duce of the Mexican mines may then be shipped directly to Asia. It will be paid for to Spain by bills on the commercial nations, and tluis furnish to her the easy means of obtaining the supplies she may stand in need of. The bullion will be so iruch the more valuable, as the danger and expence of trans- portation are diminished. This, therefore, would have a beneficial result upon the whole commercial world. It would more especially emancipate Spain from her present thraldom. It would give a happy change to all her interior administra- tion, and increase both her absolute and relative force. Let me say here, that it is our interest to preserve the authority of Spain over her American territory. We have enough of our own. We can have no wish to extend our dominion. We want men, not land. We are therefore the natural, and the safe guardians of Spain. On us she may rely with perfect ( 131 ) ^confidence. We can derive from that commerce, which it ijs htr interest to permit, all the advantage we ought to ask. But g.-eJt as are the benefits which wiil result irom the possession of the Floridas and New Orleans, great as is their tendency to advance our power, secure cur peace, and extend our com- m.rce, there is a consideration, in comparison with which, commerce, peace, and power, are of but slight avail. These provifioes will fortifv the defences of our freedom. My ho- norable colleague has stated to you his apprehensions of stand- ing armies. And yet, sir, if we be not possessed of this ter- ritory, standing armies become necessary. Without an im- posing military force, the inhabitants of the western country Aviil be in such immediate danger, that they must league with a neighbor Vvho will have every thing to offer, and from whom they will have every thing to fear. This will lead to the worst oi'all wars, to civil war. And when that shall happen, liberty wiil soon oe lost. The army M^iich has defeated one halt the nalion, will easily lend itself to enslave the other. Such is the history, and such will ever be the fate of man. In this view then, above all others, is that possession most precious. When it is in our hands, Ave need no standing army. We can turn our whole attention to naval defence, which gives complete security both at home and abroad. When we have twenty ships of the line at sea, and there is no good reason why we should not have tliem, we shall be respected by all Earope. The sense of security resulting from such force, mast give a new spring to industry and encrease the stock of national wealth. The expence, compared with the benefit, is moderate, nay, trifling. And let me liere say one word as to national expence. Sir, v/hatever sums are necessary to se- cure the national independence, must be paid. They will not amount- to one half of what it must cost us to be subdued. If we v/ill not pay to be defended, we must pay for being con- quered. There is no medium, and but the single alternative. In the proper expenditure for defence, therefore, is true econ- omy, and every pitiful saving, inconsistent with that object, js the worst, the most profligate profusion. Having nov/ considered, in its various relations, the im- portance ot these provinces, the way is open to estimate our chance of obtaining them by negociation. Let me ask on what ground you mean to treat i Do you expect to persuade ? Do )oa liope to intimidate ? If to persuade, what are your means of persuasion ? Every gentleman admits the importance of t;l^is country. Think you the First Consul, whose capacious ( 132 ) mind embraces the globe, is alone ignorant of it--, value ? Is he a child whom you may win by a rattle to comply with vour wishes ? Will you, like a nurse, sing to him a lullaby ? It you have no hope from fondling attentipns and soothing sounds, what have you to offer in exchange ? Have you any thing to give which he will take ? He wants power. You have no pov/cr. He wants dominion. You have no dominion. At least none that you can grant. He v/ants influence in Europe. And have }ou any influence in Europe? What, in the name of her.ven, are the means by which you would render this nego- ciation successful ? Is it by some secret spell ? Have vou any magic power? Will you draw a circle and conjure up devils to assist you ? Or do you rely on the charms of those beauti- ful girls with whom the gentleman near me says, the French grenadiers are to incorporate ? If so, why don't you send an embassy of women? Gentlemen talk of the pi-incipks of our government, as if they could obtain for us the desired boon. But what wil! these principles avail? When you enquire as to the force of France, Austria, or Russia, do you ask whether they have a habeas corpus act, or a trial by jury ? Do you estimate their power, discuss their interior police ? No. The question is, how many battalions have they ? V/hat train of nrtillery can they bring into t'.ie field? How many ships can they send to sea ? These are the important circumstances which commend respect and facilitate negociation. Can you display these pcv/erful motives? Alas 1 Alas ! To all these questions you answer by one poor word.... confidence.... confi- dence.. ..confidence. ...Yea, verily, we have confidence. ...We have faith and hope, aye: and we have charity too. Well.... Go to market with these christian virtues, and what will you get for them ? Just nothing. Yet in the face of reason and experience, you have confidence : but in whom ? Why, in our worthy President. But he cannot make the treaty alone„ There must be two parties to a bargain. I ask if you have confidence also in the First Consul ? But whither, in the name of heaven, does this confidence lead, and to what' does it tend? The time is precious. We waste, and we have already v/asted moments which will never return. You have already tried negociation. I say you have tried it, because I know you have a minister in France, and I am sure the first magis- trate of our country cannot have been so negligent as not to pay attention to a subject which is confessedly of such magni- tude. You have then negociated. And with what success ? V/hy, instead of defeating the cession )'ou have closed the C 133 ) liver. Inster^d of obtaining any advantage by a 7}eiv treaty, you have lost the benciit of an old one. Such are the results of your negociation in Europe. In this country you havs negociated to get baci*; the privilege you are robbed of : and what follows ? A prohibition to touch their shores. Instead of restoring the rights of treaty, they cut you off from the riglits of humanity. Such is your splendid success from nego- ciation ; and yet gentlemen tcU us we must continue to nego- ciate. The honorable member from Kentucky, says that great Lengths are gone in enquiring into, and rectifying the irregular procedure.... He tells us a minister is just appointed, audit would therefore be inconsistent to fight just now: that more- over it would degrade the President's authority, and defeat his measures. The gentleman from Georgia, says v/e have no I'ight to go to war till there shall be a refusal on the part of Spain ; and my honorable colleague assures us, that if our wrongs are redressed by negociation, v/e can have no com- plaint. As to the lengths which are gone, it is for those gen- tlemen to appreciate their value, who know what they are. I profess my ignorance, and jvidgingby effects, must withhold my confidence. If we must wait for a pcint&d refusal liefore we do ourselves right, I venture to predict ?. delay fatal to the peace of this country;. But, sir, what is it we are to ask, the refusal of which will justify war ? Is it (as my honorable col- league supposes) a mere restitution of a privilege wrongfully taken away? Sir, I answer in the words of the resolutions moved by my friend. " It does not consist with the dignity of this country to hold a right so important by a tenure so un- certain." But the honorable member from Maryland has told us that we need not cross the Atlantic to seek for precedents, that we have enough on our own archives ; and he has had the goodness to mention our humble petitions presented to the king of Great Britain in 1775. We sent, says he, petition after petition. I am sure that honorable member has no wish that a minister should be sent to bear our humble petitions to the footstool of the First Consul's throne. But, sir, whether we treat or pray, it will end as it did in 1775, by war, luiless we are determined to give up that independence v/hich we then foaght to establish. Let us consider a moment the natural course of this negociation. It is the interest of France to fos- ter in us a hope from treaty, until she has put herself in a con- dition to frustrate all other hope. There can be no question f.r.erefore that she has avoided, and will avoid a direct refusal. A.nd as long as we are content to accept of 5-niooth speeches, ( 134 ) general assurances, vague assertions, and loose evasions, we siiull have no want of that court currency. But whv (it may be said) has she not already taken possession ? Because her original plans have been greatly deranged. St. Domingo pre- sented obstacles unexpected, and that enterprize must not be abandoned, lor though the island ma\^ not in itself be of much consequence, though it must be ruined before it can be con- quered, yet conquered it must be, for the world must continue to believe that the First Consul cannot fail in what he has un-r dertaken. Much of his power rests on that opinion, and it must therefore be maintained. But there are other incidents beside those of St. Domingo Avhich have had the same ten- dency. There followed on the general peace a serious dis- cussion of the German indemnities ; then the affairs of Italy ; lately of Switzerland ; and during the whole momentous p^L-iod it v/us doubtful how far England would bear a continuecl inva- sion of the liberties of Europe. And it was evident that should the war recommence with England, the force sent to this country would be totally lost. It w as important, there- fore, to gain time ; and for that very reason we should have insisted on an immediate decision. Such then is the state of this treaty so fondly desired. A treaty by which we are to ask much and offer nothing. A negociation in which we have no means to persuade. Have we -any to intimidate ? Where is your public force ? You have none ; and seem re- solved not to have or use any. My honorable colleague tells us that war will encrease our debt one hundred millions, and that our people are not fond of taxes. He says Ave are tr\ing a 7ietu experiment to pay our debts in a given period, which war would derange. It would injure, moreovei', our pacific character, and might rfrarv dorvn the jealousy of all nations who have colonies. He believes that three-fourths of our people are opposed to war ; but yet he thinks that nine months hence we shall be in a better condition. What is the effect of this language ? Is it not to convince the adverse party that he has nothing to fear from a refusal ? As to this experiment for the payment of our debts, whether it has the merit of novelty I shall not enquire ; but I am bold to assert that the merit, be it what it may, is due to one of my worthy friends who for- merly administered our finances. The same plan also has l>een adopted by another great statesman, (Mr. Pitt) who has for many years past provided regvilarly a fund to liquidate in a given period each debt which his nation has incurred. But does England trust her safety to the protection of her sinking ( 135 ) fund ? No. She has fifty thousand seamen employed, and a hundred thousand soldiers. ...These form the shield of her de- fence. A gentleman near me has told us, that in case of war our mercantile capital is exposed in every part of the world. To this I answer, first, that the same objection will apply with equal weight upon any and every occasion. But further, I say, the argument is directly and completely against him. How does it sttmd ? He admits that if negociation fails he will draw the sword. He goes further, and says he will throw away the scabbard. Now, sir, it is clear that if we operate at once, notice may be given to our merchants. Advices mav be sent in season to every sea. And here let me say, that it is a duty of the government to apprize both our insurers and shippers of their dangerous situation. It is unwise as well as unjust to lull them into a fatal security. But suppose the treaty shall fail, and remember that the success or failure depends on Bonaparte, he will weigh the present declarations and act ac- cordingly. He will commence a war on your commerce long before you know that war exists. I say, therefore, the argu- ment is directly against the gentleman who used it. And here let me say one word on *he comparative merits of the resolu- tions on your table. Those moved by my honorable friend give the President command not only of the militia, but of tht naval and military force. They place money at his disposal, and what is most important, they put it in his power to use these efficient means. The resolutions moved as an amend- ment, authorize indeed a call for a greater number of militia, but vv^hen called they can do nothing but consume their rations. There is no povv'er to bring them into action, and of course^ the expence is useless, even for the purpose of influence. Having endeavored to shew that we have no hope from treaty, it only remains to consider the natural effect of taking an immediate possession. Against this measure it has been said, that war, instead of giving relief, will absolutely shut up the Mississippi. That a single seventy-four in the mouth of that river would stop it effectually. I believe, sir, it would no' only stop but turn it ; for a seventy-four would run aground and obstruct the channel. But what is the amount of these observations ? The gentlemen all agree that if they cannot obtain their object without war, they v/ill light for it. The mischief they deprecate must therefore arrive, unless there be a well grounded hope from treaty, and the only difference iy, that they are willing to take a longer term of sufference, be- cause they have a stronger expectation of relief Vy'ithout th^i ( 136 ) exertion of force. I have no such expectation. I shall, there- fore, proceed to consider what will follow if we take posses- sion xulthoiit a previous alliance with Britain, or xvitli such an iiUiance. I have heard it urged in conversation that such aU liance should first be made, and therefore I think it proper to take up the subject in debate. I cannot, however, but remark on the different language now held from that which v/e heard a year ago. Then it was the fashion to say, we had nothing to do with other nations. And when a man of plain sens-e observed that this disposition was of little avail, because other nations would have something to do vv^ith us ; and when the particular danger v/cnow see wao pointed out ; Oh 1 then, to be sure, there v/as notliing to apprehend from our dear si&ter re- public ! I censure no man lor adopting other and wiser prin- ciples. I have no question but that as gentlemen proceed in the business of government, they Vv'ill sec .the folly of many other fanciful notions, but I must entreat them not to fly from one extreme to the other. I hesitate not to give my opinion that we ought to take possession v/ithrut consulting Great Britain. And having done so, let us declare to France that we mean to live with her in perfect amity. Let us offer every assistance in our power to conquer and preserve St. Domingo. Let us shew her that we have done an act of mere defence. Let us prove our pacific disposition by declaring that vre are under the tie of no obligation to her rival. To Spain let usf hold a similar language. Let us point out her present danger and demonstrate the utility of our possession. To both let us offer to relinquish our claims for spoliations on our commerce and pay our own inerchants. We can well afford to purchase with that price, a price paid to ourselves. Finally, if our re- presentations do not produce the desired effect, let us tell them that we will ally ourselves to England, and aid in the conquest of all their American dominions. Sir, this language v/ill be listened to. Rely on it that under such circumstances neither France nor Spain dare send hither a single regi- ment or a single ship. The existence of the British naval force will alone produce all the effect you could ask from its operation. But what are we to hope from a delay until an alliance shall be made ? Wliat v/ill be the stipulations of the treaty of alliance ? These may be more or less onerous or pernicious. Certainly the British minister will not hazard the iaie of his nation without the hope of some correspondent ad- vantage. One stipulation is certain. Vve must agree to con- tinue the vfar undl a peace can be obtained by commcrn con- ( 137 ) sent: and this is precisely the stipulation which we ought not to make, if it can be avoided ; because we shall then be no longer masters of our exterior relations. To this it may be objected, that we cannot expect aid from Britain without a previous treaty. I ask what reliance you have for aid with treaty i The answer is, that it will be her interest. And, sir, it is her interest to give that aid without treaty. I have now gone through this tedious discussion. I have trespassed on your patience more than I wished, although, from the lateness of the hour, much has been omitted of what I ought to have said. I have endeavored to shew that under the existing circumstances, we are now actually at war, and have no cnoice but manly resistance or vile submission. That the possession of this country by France is dangerous to other nations, but fatal to us. That it forms a natural and necessary part of our empire, that to use the strong language of the gentleman near me, it is joined to us by the hand of the Almighty, and that we have no hope of obtaining it by treaty. If indeed there be any such hope, it must be by adopting the resolutions offered by my honorable friend. Sir, I wish for peace.... I v/ish the negociation may succeed, and therefore I strongly urge you to adopt those resolutions. But though you should adopt them, they alone will not insure success. I have no hesitation in saying that you ought to have taken possession of New Orleans and the Floridas, the instant your treaty was violated. You ought to do it now. Your rights are invaded, confidence in negociation is vain : there is therefore no alter- native but force. You are exposed to imminent present dan- ger. You have the prospect of great future advantage. You are justified by the clearest principles of right. You are urged by the strongest motives of policy. You are commanded by every sentiment of national dignity. Look at the conduct of America In her infant years. When there was no actual inva- sion of right, but only a claim to invade... .She resisted the claim. She spurned the insult. Did we then hesitate ? Did we then wait for foreign alliance ? No.. ..animated with the spirit, warmed with the soul of freedom, we threw our oaths of allegiance in the face of our sovereign, and committed our fortunes and our fate to the God of battles. We then were subjects. We had not then attained to the dignity of an inde- pendent republic. We then had no rank among the nations of the earth. But we had the spirit v>^hich deserved that ele- vated station. And now that we have gained it, shall we fall from our honor ? T ( 138 I Sir, I repeat to you that I wish for peace : real, lastrag.^; honorable peace. To obtain and secure this blessing, let us^. by a bold and decisive conduct, convince the powers oi Europe that we are determined to defend our rights ; that we will not submit to insult ; that we will not bear degradation. This i& the conduct which becomes a generous people. This conduct will command the respect of the world. Nay, sir, it may rouse all Europe to a proper sense of their situation. They see that the balance of power on v/hich their liberties depend,, is, if not destroyed, in extreme danger. They know that the dominion of France, has been extended by the sv/ord over millions who groan in the servitude of their new masters. These unwilling subjects are ripe for revolt. The empire of the Gauls is not like that of Rome secured by polftical institu- tions. It may yet be broken. But whatever may be the con- duct of others, let us act as becomes ourselves. I cannot be- lieve with my honorable colleague, that three-fourths of Ame- rica are opposed to vigorous measures. I cannat believe that they will meanly refuse to pay the sums needful to vindicate their honor and support their independence. Sir, this is a libel on the people of America* They will disdain submis- sion to the proudest sovereign on earth. They have not lost the spirit of seventy-six. But, sir, if they are so base as to barter their rig'iits for gold, if they are so vile that they will not defeiKl their honor, they are unworthy of the rank they enjoy, and it is no matter how soon they are parcelled out amojig better masters. My honorable friend from Pennsylvania, in opening this debate, pledged himself and his friends to support the execu- tive government if they wovild adopt a manly conduct. I have no hesitation to renew that pledge. Act as becomes America,, and all America will be united in your support. What is our conduct ? Do we endeavor to fetter and trammel the execu- tive authority ? Do we oppose obstacles? Do we raise diffi- culties ? No. We are willing to commit into the hands of the chief magistrate the treastire, the power, and the energies of the countty. We ask for ourselves nothing. We expect nothing. All we ask is for our country. And although, we do not believe in the success of treaty, yet the resolutions we move, and the language we hold, are calculated to promote it., I have now performed, to the best of my power, the great duty which I owed to my country. I have given that advice which in my soul I believe to be the best. But I have litde hope that it will be adopted. I fear that by feeble councila ( 139 ) •wt shall be exposed to a long and bloody war. This fear Is, perhaps, ill founded, and if so I shall thank God that I vf as .tnistaken. I know that in the order of his Providence, the owisest ends frequently result from the most foolish measures. Jt is our duty to submit ourselves to his high dispensations. I know that war, \vith all its misery, is not wholly without ad- vantage. It calls forth the energies of character, it favoi-s the manly virtues, it gives elevation to sentiment, it produces national union, generates patriotic love, and infuses a just sense of national honor. If then we are doomed to war, let us meet it as we ought ; and when the hour of trial comes, let it find us a band of brothers. Sir, I have done, and I pray to Almighty God that this day's debate may eventuate in the prospeinty, the freedom, the peace, the power, and the glory of our country. Mr. Wright (in explanation) said, the gentleman who spoke last had mistated his expressions and sentiments ; he had stated that he (]Mr. W.) had held forth the idea, that we should petition- France for a redress of grievances, as we had in our colonial state petitioned Great Britain. Mr. Morris, said he had not expressed himself so.. ..it -was not his intention to convey any such meaning. Mr, Wright. The gentleman has retracted and I am ^satisfied ; though he did certainly so couch his language as to .leave an -impression of that abject kind- Mr. Tracy moved a division of the question. Mr. Wright said the question was incapable of division, ^s it was on striking out all that follows the word resolved. Gen. S. T. Mason said as the gentlemen appeared dispos- .ed to create a debate on a subject of no importance at that hour of the day, (half past seven P.. M.) he would move for an adjournment. A division was then called for, and upon counting, the Vice President declared the numbers twelve and twelve, that the house was equally divided, and that he was against an ad- journment. Mr. Anderson asked if the Pi-esident of the Senate meant to say there were only twelve for an adjournment?..... He was answered in the affirmative. IMr. A. demanded a flivision, and upon counting,] it appeared there were thirteen /or adjourning, and twelve against it. The house was adjourned. C i-io ) Friday, February 25. The order of the day being read, on the rcsokitions of= fared by Mr. Ross.... Mr. Anderson (of Tennessee) said he rose v/ith much diffidence, after the very able discussion which the subject had already undergone ; after so many men distinguished among the first in our country, had treated it with so mucli ability, he could not expect to furnish many new facts or observations on the subject. But coming from that part of the country which is particularly interested in the discussion, he felt himself par- ticularly bound to offer a few remarks, which some erroneous statenaents that had fallen in debate, from the gentleman from Delaware, (Mr. White) particularly called for. He would, while he was up, endeavor to add a few observations on the resolutions. The first of the resolutions appeared to him to be intro- duced merely with a view to involve the members who were opposed to hostile measures, in a dilemma. It was the asser- tion of a truth which no one would deny, but it was connected with other resolutions or assertions, which must from proprie- ty bring the whok under a negative vote. Taking the naked proposition that we have a right to the place of deposit, we all agree j that it has been suspended, we are equally agreed ; but there we stop ; by prefacing their resolutions with these truths, they expect either to induce us to vote for other things repugnant to our judgment, or aiford room for the imputatioa of wrong motives and clamor abroad. But we are not to be led astray in this way, nor are the people of this country to be so deceived. On the first organization of the government, the most earaest attention was directed to that river ; and it is now as much an object of the care of govermnent, as at any period since we have been an independent people. Gentle- men have not, therefore, represented the matter with that candor which the seriousness of the subject demanded. Th§ navigation of the Mississippi has not been infringed on the present occasion, though the arguments of ail, and the asser- tions of some, went to the extreme on that point. I'he river, he repeated, it was and continues to be open, and he could not discover the utility of our declaring our right to the free navigation when we are in full unmolested possession of the right. He could indeed discover something beside utility j ( 141 ) he could see a d-es'igti no wise founded. ...the gentlemen ex- pected with them the votes of the western members... .they ■expected to play upon our passions, and to place us between the danger of unpopularity and the sense of personal feeling, in a case of a critical nature. But gentlemen would find them- selves mistaken to the utmost ; though he felt himself in com- mon with other western members, responsible to his consti- tuents, yet he would on all occasions where the sense ot right impressed itself strongly on him, risk popularity to do right. On this occasion, he saw no danger of his popularit}'^, because, although he was aware that the people whom he re- presented were dissatisfied, they respected their government and themselves too much to countenance any means that were not honorable and just, to obtain the deposit right. The resolutions call upon us to declare the deprivation jof the right of deposit to be hostile to our honor and interests. On this there v/ere a variety of opinions ; and it appears to be agreed, (for it was not contradicted by any) that the act of an individual unauthorised, cannot be either a cause of war, or an act of the government of which he is an officer. No gentle- man has positively declared the act t3 be authorised by Spain. ...we have the best evidence that the case will admit, that it has not been authorised. As the act of an individual, therefore, it cannot affect the honor of this country. That the interests are affected are agreed on all hands, but then the due course of proceeding has been adopted, and redress is to be expected. If it should be denied us, we have our remedy, and it is then diat it will become a point of honor. But now, as had been well said by his friend from Georgia, (Gen. Jack- son) if we were to rashly declare the act of the individual con- trary to our national honor, we could not retrogade. And4f Spain should not do us justice, he trusted that we should then take our strong ground, and not give way a step. This would be the effect ; gentlemen do not know the American character, they under rate it ; there is not that levity in it which gentle- men suppose capable of being lightly led astray ; the character of America is fixed.. ..and when real necessity calls for their exertions, the people will require no artificial excitement. It was said that the tenure we hold by is uncertain, and . it was not consistent with our dignity. This was a ground upon which all the art and ingenuity for which the gentleman who framed the resolutions is so much distinguished for ; it is calculated to seize upon the passions of western men by a shew of solicitude for the security of their rights and prospe- rity. But, however ingenious the contrivance, thf d('ceptioa C 142 ) iipon which it is founded, must destroy all its intended effect^ for the facts upon which it rests for support, must first be ac- Ichowleged, before the conckisions can follow. And the no- tion of dignity with which the idea is connected must lead to a suspicion that something more is meant than bare right or justice, because in thera alone true dignity rests. The next point is that we mvist be secured in this, our ab- solute right. He would ask, v/as hostility and invasion of aneigh- bor's territory compatible with dignity, or the means calculated to give us this security ? We all agree upon the necessity of the right, and of its permanent security. We differ very widely upon the mode by which we are to establish this se- curity. This point had been dwelt on with very great labor by the gentleman from Pennsylvania, and discussed with par^. ticular splendor of language, and in a variety of views by the gentleman from New York, (Mr. Morris) ; but upon testing the eloquence and ingenuity of the gentlemen by simple facts, and comparing their erroneous conceptions of the western people, with the labor which they have employed to force ar- guments from extraneous sources, the only result which re» mains, is, that the gentlemen are very ingenious and very elo^" qucnt, but not at all convincing. For with all the pains they have taken to enlighten us, they have not produced a single reason why v/e should depart on this occasion from the course which had been ever pursued as the wisest policy by our go- vernment ; they had not given us the remotest ground of jus- tifiable hope, that even if we were to adopt their views, that v/e should be more likely to obtain our object in that shape. The gentlemen had invoked us to descend the river, but they had not told us what we should gaip, nor even counted on the difficulties of the very first part of their project. They had kept out of sight what no wise man in public affairs will ever neglect the consideration of, the chances of adversity or pf disappointnient, from natural or accidental causes. They had not calculated even the consequences of a war which must be the inevitable result,. ..v/hich would deprive us in the first instance of our treaty right, and which even after war load taken place, lives and money wasted, would leave us mider the ne^ cessity of treating at last. Having so far stated his exceptions to the leading features of the resolutions, he would not undertake to follow the gen» tlemen on the other side through all those mazes in which they had endeavored to perplex the subject, and bewilder the house ; but he would offer a few observations on some detached points. A gentleman fi-om Delavv-are had, hs conceived, ( 143 ) thrown out an unwarrantable and indecorou3 insinviatioiv, tfiat' there was a disposition in some of the members of that house to throw themselves at the footstool of the First Consul. Tl\at gentleman should know that such a disposition could not be countenanced, if it were conceived ; and it would be doing injustice to his understanding to suppose that he had misun- lierstood the sentimexUs uttered by any gentleman. The uni- form sentiment entertained and expressed, countenanced no such mean or dishonorable purpose ; olu^ object is to demand justice and redress for violated rights, and the security of those rights held im-der a ti'eaty which had its existence prior to the treaty of cession from Spain to France. This was the usual course ; vrhat the motive of the gentlenaan v/as, who had made an insinuation so improper, he would not in that place express, but he had an opinio A of that motive. We are told as a reason why we should seize upon New Orleans, that it belongs to France. This he conceived to be rather a sound reason why wc should not attack it ; for the suspension of our right is the act of a Spanish ollicer. The gentleman says, the Spa- niards mean to usurp the exclusive navigation of the Missis- sippi. This is no doubt an artful mode of addressing the passions of the western people ; but facts here overturn the most artful insinuations. The navigation of the Mississippi is not even brought into question..... no obstruction has beensa much as attempted to the navigation of that river ; the sum of the injury and the dispute is the infringement of a right of de-i posit, and that granted only for a limited time at the place where it is suspended. He says the western people v/ill not v/ait for negpci?tion„ He could not conceive upon what kind of instinct or intelli- gence gentlemen could pretenxl to know the sentiments and character of the wcstei;n people better than those who lived among them, and who- immediately represented them. When; did that part of the country manifest a disregard to the union^. or the peace of their country ? Did they not suffer their coun- try to be cut in twain by the treaty of Holstein, r^nd one half ceded to the Indians, and did they not suffer all the attendant evils patiently ? For what end ? Because the public good re- quired lU From time to time, he had heard in that house and ia other places, the most v.'anton and cruel aspersions, cast upon.- the people of the western country. He knew not hov/ gen- tlemen could reconcile their pretensions of regard for the wes- tern people, with odious imputations v/hich were conrtantlv ( 144 ) cast upon their attachment. The whole of the opposition np^ peared to concur in their illiberaUty towards the western peo- ple, at the very moment they were professing so much ijeal lor their good. The late President of the United States had in a most unwarrantable manner told him, that the western people were ready to hold out their hands to the first foreigner that should offer them an alliance ; the same sentiment is echoed here, only in different terms. But such vile imputa- tions attached not to the western people, but to those who employed them. The western people are Americans, who wasted the spring-tide and summer of their daya in the cause of their country ; men, who having spent their patrimony in establishing their country's independence, travelled to the wil- derness, to seek a homestead for themselves and children. Was it honorable, was it consistent with those labored efforts for their good, which we are told actuate gentlemen, to ca- lumniate them in so unworthy a fashion ? Gentlemen appear by their gestures to deny that they have been guilty of this calumn}'. But my charge against them is not of that evasive or double character which they deal in ; the words they have used I have take down. ...they are, " The French would draw the western people into an alliance." " The western people would be influenced by the insidious emissaries of l''rance." " Corruption would find its way among them, and be trans* ferred even to that floor." Is this not calumny of the darkest hue ? Is this the way in which 600,000 men are to be stigma- tized ? Men, a greater proportion of whom are soldiers who fought for the independence of America, than ever was to be lound in the whole state (Delaware) to which the gen- tleman belongs. Another gentleman from that state (Mr. Wells) had said yestel•da^■, that the arguments from this side of the house had only tended to confirm him in the opinion which he had originally conceived. It was not the first time that he had heard this little species of argument employed ; the gentlemen who are now in the minority, have been often obliged to their opponents for supplying them with this kind of conviction.. ..it v/iis too poor a species of consolation to them for him to enter- tain the least desire of depriving them of it. Yet with all this disrespect for the western people, they tell \"5 that they are their only friends.... that after we have convinced them of the correctness of their opinions, we ought to confide in those whom we have convinced without intend- ing it.. ..that though we are ourselves convinced of the proprie- ( 145 ) ty of negociation, and although a majority of that Senate, and the executive, had aheady determined upon it, we should hs- ten to those gentlemen, who say, that corrupt influence will lind its way to this floor from the western country, and undo all we have done to adopt what they call measures of energy. Gen- tlemen have mistaken both their own powers of conversion, and the mode of argument which they have adopted to convert vis, or to inspire confidence in their professions among the western people. We are always ready to defend our country when occasion calls, with something better than words. ...but we know that if there is honor in defending our country in battle, there is both honor and virtue in defending it by pru- dence, without dishonor. This mode of defence he found contemplated by the reso- lutions offered as substitutes. The gentleman (Mr. Ross) had indeed, as is usual with him, upon the most desperate sub- ject, made a very ingenious speech ; but it was so much per- plexed by subtlety, that like the Gordian knot, it appeared incapable, of being untied but by the sword. He hoped, how- ever, it would not require an Alexander to atchieve it. During twelve years, eight of which one of the first men the world ever saw, or perhaps ever will see, presided over our affairs, the policy of pacific negociation prevailed in our councils ; a policy somewhat more hostile in its aspect was attempted by his successor, but still negociation succeeded ne- gociation, and success attended perseverance. In the early stages of our existence, before we were yet a nation, it is indeed true that we drank of the cup of humi- liation, even to the dregs ; it was the natural effect of our dependant situation ; of the prejudices that bound us, and from which great violence was necessary, and was employed to detach us. Such humiliation would not befit us now ; no motives exist to demand or justify it ; we were then a part of another nation, and connected with another government ; we began by petition in the terms of abjectness and humility, which is incidental to subjects of monarchs ; which is always necessary, in order to conceal the spirit and the presump- tion, of which monarchs are always jealous in their sub- jects ; but abject as we appeared, the very temper and phrase of humility, deceived our oppressor into a belief that we were too lowly to entertain the manly temper of resistence against oppression. ...yet our precursory and our reiterated humility, did not unnerve our arms nor subdue our minds, when it became necessary to fling off the trammels of oppression.... U ( i46 ) The result we now enjo}'. When that very power from wlilch we had detached ourselves, refused to carry her treaty mto exe- cution. ...did we then go to war ? She held several of our for- tresses, we were entitled by every right of nature and the usage of nations to seize upon them ; not like the right of de- posit, a privilege enjoyed on the territory of another, but for- tresses held, and in military array on our own teiTitory. Did we then make war ? No, we negociated ; and when another power subsequently attacked us, we pursued the same course with the like success. The gentleman (Mr. Ross) has told us that when President Washington came into office, he would not have ne- gociated for the Mississippi, had he not found the ncgociation already begun. The gentleman has not told us upon what authority he states this, or how he came to possess the know- lege of a fact of which all others are ignorant, a fact too, con- tradictory of his practice through his life, and of the princi- ples of that legacy which he left to his country. It was not to be expected that he should, coming from the hiterior of America, be competent to discviss the policy and balance of power in Europe. Indeed, if it were not from an apprehension of too much presumption, he would venture to say it was the height of absurdity to introduce their policy on a question like the present. We had been told also of the Romans, that they never negociated but on the line. This would of course lead us, if to any thing, to imitate the inso- lent and dominating spirit of Roman conquest, the part of the Roman policy of all others most to be deprecated and avoided. He would rather prefer the policy of the ancient republics of Greece, whose practice was negociation in preference to war. The policy of all republics is in their nature pacific. The con- trary is the character of other forms of governments. In mo- narchies and aristocracies, the rulers never suffer, and the people who suffer, have no influence or control. In republics, the people v^-ho likewise suffer, have their due weight, and happiness being their interest, they are ever averse from war. If European lesssons can be of use, those of Britain and Spain in the time of Sir Robert Walpole, should instruct us : that minister had been repeatedly called upon to declare war, in consequence of aggressions, or alledged aggressions, of Spain ; after two years he was forced into it reluctantly, but not until af- ter several embassies had been sent and failed. Britain has had tew ministers equal to him as a politician. But history will tell you, that at the peace which followed, no notice was taken of the spoliations for which the v/ar commenced* If Great Britain ( i4r ) tkeii failed, what are we. to expect from a war. If we were to believe all that gentlemen insinuated yesterday, it would seem to be our intention to humble ourselves in dust and ashes, at the feet of the empei'or of the Gauls....and to encourage this idea of our humiliation, the gentlemen tell us, that he has conquered all Europe, and that his mandate is the law. To insinuations of this unbecoming kind, he would tell the gen- tlemen, in the words of his friend from Georgia, (General Jackson) that in defence of our country and its rights, we will, when we draw tiie sword, throw away the scabbard. Gentle- men thus menace us only to make us the cowards which they ficticiously describe us. But he would call their recollection to our revoiunon, where a people unarmed, undisciplined, half part disaffected, asserted their own liberties.... without money or vi- sible resources ; attacked by the then first nation of Europe, aided by auxiliaries fiom Germany, and with the first naval force on the ocean. Need the gentlemen be told we beat that great nation. The gentleman, none of the gentlemen on that side, know the people of whom they talk. 1 have walked more in the common walks of life, than those who look down w^ith disdain on the hardy husbandman, and who consider all bliss, as well as all power the peculiar right of an imaginary superiority, or an accindental capacity for luxurious extrava- gance....! saw the army which atchieved our liberties, and often have I traced their naked footsteps through the snow by the blood v/hich gushed from their lacerated but untired feet.... Men who endure, and are capable of enduring such hardships, possess spirits which men, accustomed to slight and de- grade them, cannot conceive. It is upon such men, and not on the disciples of luxury and frivolity, that America must depend for her libei-ties ; it is of such men the ranks of her armies will be composed, and such are the men who compose the population of the western country. He knew this people, and that they wished for peace, though if justice required it, they would be in the ranks of battle, while those who asperse them would perhaps be at their toilettes. The resolutions substituted would accord with the wishes of his constituents, he would therefore support them. If negociation failed, and we are compelled to the dernier resort, we should then see if those who are for resistance would unite,and make a common cause with us. Mr. Whtie (to explain) said, that the gentleman had in the evaporation of passion distorted and misrepresented him ; he owed it to the public and the Senate, to shew that he would go as far as any one in his respect for the we".tern coiintry.... ( 148 ) he would go as far as the gentleman, or farther. What he alluded to, with regard to French influence over the western people, was, that they would by means of their commerce, obtain an influence over them. Mr. Anderson. It gave him much pain to be obliged to shew the gentleman that passion must have occasioned a total absence of memory, or reflection a conviction of error, which it would have been more generous in him to acknowlege than to aggravate. But since the gentleman did affect to Kei-od it, he must again tell him, that it was not of commerce or commercial influence he first spoke ; he did say, "• that cor- ruption would find its way to the floor of that house ;" What, commercial corruption in that house ? No. How then? It must find its way by the corruption of the members, which the v/estern countiy send to Congress. If he had told the gentle- man, that Delaware was under the influence of Great Britain^ and that corruption had made its way from thence to the floor of that house, what indignation ought not the gentleman and his colleague have a right to feel. General S. T. Mason said, that if he were to consult the state of his health, he should not trouble the Senate with any remarks on the resolutions before them. But he had heai-d iu the course of the debate, certain observations, such strange and paradoxical ai-guments, insinuations and assertions of such a nature as ought not to be passed unnoticed. Doubtful whether his strength would sustain him through the whole scope which in better health he should take, he would endeavor to limit his arguments to a few of the most prominent particu- lars, which excited his attention, and to the delivery of his reasons for preferring the substitute propositions of his friend from Kentucky (Mr. Breckenridge) to the original resolu- tions of the gentleman from Pennsylvania. In presenting himself to the attention of the Senate, his voice, feeble at the best of times, would, after the boisterous blaze of declamation, and crackling of eloquence, with v^iich they had been yesterday stunned, would demand particular indulgence. Feeble as he was, however, he was not daunted ; objects and sounds, often present themselves to the senses which surprize without exciting curiosity, and confound with- out being comprehensible : mountains of sophistry, like moun- tains of vapor, fade before the simple and inoffensive rays of reason and truth. The amendment on your table is to be preferred to the resolutions first proposed, because they breathe a spirit mort^ ( 149 ) consistent with the practice of civilized nations, and more congenial with the character of the American people ; they propose to effect what is reasonable, without tending to injus- tice or impolicy; they are the substitutes for propositions, novel, unnecessary, and extraordinary... .such as this body has no power to adopt. The amendments go to obtain all that is required by the most prudent considerations; they provide a constitutional force adequate for any exigency within, and a force for exterior service, should it be found necessary to call it forth ; we shall have a body of 80,000 militia, for home service, and a corps of volunteers for a legal period, and which might be marched out of our limits ; ar3<;nals on the spot, provided v/ith all the stores requisite for actual service, should they be required. Resolved on peace, unless forced from our rights. ...then prepared for war. The resolutions first offered are of a very different cha- racter, they seek a very different end.. ..they tell us directly, yoii must go and make xvar^ but they do not furnish the means. Does the gentleman not know that the militia cannot be sent on the service of invasion into the territory of their neighbors? Does he not know that we are destitute of any authority what- ever to send them ?....the constitution gives Congress the power over the militia to " suppress insurrections, and repel inva- sions," but nothing farther. The amendments provide for the exigency if it should ever arise, and in an adequate manner. It is proposed to enroll volunteer corps, for such a length of time as may be expedient or necessary for the service, and to march on any service which may be required- He had heard in the debate, many professions of confidence in the executive. He was v^ery glad to hear such unusual ex- pressions from that quarter. However, it was entitled to its due weight.. ..what that was he would not enquire ; but this he would say, that this unexpected ebullition of confidence went very much farther that he should be disposed to carry his confidence in any man or any President whatever. Gentle- men tell us that they are willing to entrust to the executive the power of going to war, or not, at his discretion.... wonder- ful indeed is this sudden disposition to confidence. Why do not gentlemen give away that which they have some autho- rity or right to bestow ?...Who gave them the power to vest in any other authority than in Congress the right of declaring war. The framers of this constitution had too much experi- ence to entrust svich a power to any individual j they early, and ( 150 ) wicely foresaw, that though there might be men too vh-tuous to abuse such a power, that it ought not to be entrusted to any ; and nugatory would be the authority of the Senate, if we could assume the right of transferring our constitutional functions to any man or set of men. It was a stretch of confidence which he would not trust to any President that ever lived, or that will live. He could not as one, without treason to the constitution, consent ever to relinquish the right of declaring war to any man, or rnen, beside Congress. We are told that negociation is not the course which is pro- per for us to pursue. But to this he should reply, that such was the usage of all civilized nations ; and, however, gentle- men might attempt to whittle away the strong ground taken by his friend from New York, he had shewn in a manner not to be shaken, that negociation before a resort to the last scourge of nations, is the course most consistent with good policy, as well as with universal practice. The gentleman from Pennsylvania had indeed told us that Great Britain had de- parted ivom. that practice. ...unfortunately for Great Britain and the gentleman's argument, he told us at the same time, that she had sustained a most serious injury by her injustice and pre- cipitation. She went to war to seek retribution, and after fighting a while, she left off, and forgot to ask the retribution for which she went to war ! And this is the example held up for oitr imitation, because Great Britain violated the law of nations, we are called upon to do so too ! We are told also, that Great Britain commenced war during our revolution against the Dutch, v/ithout any previous notification. ...that she did the same in the late war with France, and in both cases seized on the ships in her harbors.... that is, like a professional bully, she struck first, and then told them she'd fight them.... and this is the gracious example held up to us. The merits of the different propositions consisted in this, that by the amendments we propose, to seek the recourse of pacific nations.. ..to follow up our own uniform practice ; we pur- sue, in fact, the ordinary and rational course. The first reso- lutions, go at once to the point of war. This v/as openly and fairly acknowleged by the gentleman from New York, (Mr. G. Morris.) The gentleman from Pennsylvania, (Mr. Ross) indeed told us that it is not ■war....\t was only going and i^iVCi^ peaceable possession of New Orleans! He did not be- fore think the gentlem.an felt so little respect for the Senate, or estimated their understandings so much inferior to his own, as to call such a measure c'l act cf peace ! How did the gen- ( 151 ) tlcinan mean to go, and hoAV take peaceable possession ? Would he march at the head of the posse commiUatus f No ! he would mai-ch at the head of 50,000 militia, and he would send forth the whole naval and regular force, armed and provided with military stores.. ..He would enter their island, set fire to their warehouses, and bombard their city, desolate their farms and plantations, and having swept all their habitations away, after wading through streams of blood.. ..he would tell those who had escaped destruction.. ..we do not come here to make war on you... .we are a very moderate, tender hearted kind of neighbors, and are come here barely to tike peaceable posses- sion of your territory ! Why, sir, this is Loo naked not to be an insult to the understanding of a child ! But the gentleman from New York, (Mr. Morris) did not trifle with the Senate in such a stile. ...he threw of the mask at once, and in a down right manly way, fairly told us that he liked ti'«/-....that was his favorite mode of negociating between nations.... that xvar gave dignity to the species that it drew forth the most noble energies of humanity ! That gentleman scorned to tell us that he wished to take peaceable possession. No : He could not snivel, his vast genius spurned huckster- ing.. ..his mig! .y soul would not bear to be locked up in a petty v/arehouse at New Orleans... .he was for war, terrible glorious havoc 1 He tells you plainly, that you are not only to recover your rights, but you must remove your neighbors from their possessions, and repel those to whom they may transfer the soil. ...that Bonaparte's ambition is insatiable. ...that he will throw in colonies of Frenchmen, who will settle on your frontier for thousands of miles round about, (when he comes there ;) and he does not forget to tell you of the imminent dangers which threaten our good old friends the English.. ..He tells you that New Orleans is the lock, and you must seize upon the key and shut the door against this terrible Bonapai'te, or he will come with his legions, and as Gulliver served the Lilliputians, xvashyouoffthemap. Not content in his great care for your honor and glory, as a statesman and a warrior, he turns prophet to oblige you. ...your safety in the present vear or the next, does not satisfy hira....hi3 vast mind, untram- melled by the ordinary progression of chronology, looks over ages to come with a faculty bordering en omniscience, and conjures us to come forv/ard and regulate the decrees of Provi- dence at 10,000 years distance. That gentleman, Mr. President, is a surprizing genius.... an amazingly gixat man.. ..he could never have been intended ( 152 J ior this poor plain unpowdered republican era in which \yc' live satisfied, but which must be a perpetual source of discon- tent to him. Eut it is not for us to arraign Providence ! We are told that in the immensity of the universe, so unbounded is the space it occupies, that even this little ball of earth which we inhabit, is so compai"atively insignificant and minute, that it would not be missed from the great galaxy ; and yet we are told that in forming this little speck in the creation, omnipo- tence tired in six days and rested the seventh. In tVie con- struction of so immense a system, it would not then seem surprizing if, in the general confusion, souls had been shuffled into bodies never designed for them ; or thrown by chance into ages for which their stupendous faculties were not fitted ; who can say that the soul of that gentleman was not intended for some ancient sage or hero, or for some sage of future ages immensely remote, when America may have gone through a long career of greatness and degeneracy, after the manner of other nations. Such a soul, so heroic, and so hot for blood, would do honor to the Crusades.. ..who can say that he was not intended for that age, and that the fall of Jerusalem was not owing to the unhappy accident of his being born out of his lime, and in the wrong country I The gentleman has, with great emphasis, repeated, that Florida must be ours. That this may be the case at some re- mote period, is not in the order of human events improbable. The natural progression of population would seem to indicate such an event. The geographical situation of that country, has long rendered such a theory famiUar to speculative minds. But the gentleman says it must be ours 7iow. Hence it ap- pears that the deposit at New Orleans is really not the object which the gentleman's gi-eat mind contemplated. But how is Florida to be obtained? What injury have we sustained in Florida ? Presendy we shall be told we must have Louisiana ; then the gold mines of Mexico.. ..these would be very good things, if come by honestly.. ..then Potosi.... then St. Domin- go, with their sugar, coffee, and all the rest. These likewise are all very good and comfortable things in their way, honora- bly and justly obtained. But what have we to do with the terri- tories of other people i Have we not enough of our own ? Have we not more than we can culcivate or sell i If we suffer this rapacious spirit to prevail, Mr. Presi- dent, v/hat is to be our character ?.... our fate is not difficult to foresee. The nations of the old world will become jealous of our unjustifiable ambition... .They will combine against us.... ( 1-^3 ) they will humble and curb us. The British belt that binds us to the north, will be drawn tight upon us. ...Should it appear that we seek to elbow out every European nation who posses- ses colonies on this side of the Atlantic... then would the sanguinary passions which pant for havoc and disorder, find ample scope tor war and de?olation...iWe should see those pov/ers of Europe, lately armed against each other, combined against us. But it is not with our European neighbors only that the fervid impatience of the gentleman would embroil us ; not satisfied v/ith Florida, and the lock and key of Louisiana, he launches us into the turbulent sea of European pohtics, and sets us to tilting for that phantom, the balance of power !.... Switzerland, Holland, Italy, Germany, Portugal, and Spain, are severally described as swallov/ed up by all devouring France ; and not only are we to join in the crusade for restoring the lost balance of power, but we are invited to do more. ...we are in- voked to come forth and tell the nations of Europe, that America is a young and manly nation, that we are eager to restore that balance of power.. ..and that we will do ourselves the honor of leading the van in a new coalition ! Is any member of this house prepared for this ? Is this the wish or will of the people of America ? It requires no an- swer. We find the gentleman beginning with the dejjosit at New Orleans, and erecting an immense foundation for mis- chief on the rash act of a Spanish officer, in refusing us the right to deposit our produce in their territory.... we are then carried back to anterior transactions, the capture of ships and the detention of seamen in the South American colonies of Spain. ...we are then alarmed about the dangers on cur fron- tiers from a French colony.. ..but at length the secret comes o\it....zve are told we must go to luar to 7'estrain the overgrown poxver of France .'....The gentlemen pant for war.. ..and care not for what or with whom... .they pursue war with a deplora- ble infatuation, and the most charitable construction that can be put upon their conduct is, that they know not what they do. But we are not to be seduced from the sober policy which our situation and our experience commands. Under that il- lustrious character so often alluded to, we are told no aggres- sion was ever submitted to with impunity.... that there was no blockade of the North river, Savannah, or the Delaware. He v/ould tell the gentleman, that there .was a blockade more seri- ous and extensive than the blockade of any or all those rivers ....the ocean was put in a state of blockade to us, ...our ships X ( 154 f were captured and ccnfi3cated4...our citizens taken from oir board our ships and put in irons.. ..they were put on board Bri- tish ships of war, and compelled to light the battles of despot- ism, against men who were engaged in the defence of their country, against men fighting in the cause of liberty, and for whom a lively sympathy Avas felt on account of the services- rendered to America by them m our revolution. Was this no injury? Yet the gentleman from Jersey, (Mr. Dayton) teils us the time was when had a single American citizen bcea^ oppressed or injured, the national honor would have been roused and asserted in his defence [ What a wonderful dis- covery ; it is to. be iamented that it is all a fiction»..^.that it has no existence bat in the gentleman's unconscious imagmation. Was it when the commander of a British frigate, the British captain Figot, stopped the American citizen captain Jessup at sers., and because he complained of having his men impressed, tied him up and flogged him at his gang way.. ..that the sense of national dignity was displayed.. ..or when else, if the gen- tleman could tell, he ought, and he should be glad to hear the nexvH ? He insisted that the wrongs done to us since the peace of 1783, by the BriUsh, were more deep, dishonorable and afflict- ing, than uiiy other, or than has happened, or can happen, in consequence of the affair at New Orleans. Yet v/ar was not advo- cated v.'hen Britain insulted and wronged us ; recourse was had to measures of a pacific, and of a more certain and effica- cious nature. Certain commercial propositions were brought forward, to counteract and coerce by her commercial nerves, the nation that had wronged us ; a procedure very different from the military peace-march to New Orleans. In the midst of the discussion of these resolutions, Gen. Washington appoint- ed Mr. Jay to proceed upon a negociation ; and the propositions %vere given up to await the issvie of negociation. In all nego- ciations which we have undertaken with sincerity, we have succeeded. Washington did all that the most pacific policv required, to prevent war ; he did so v/ith sincerity ; and not- withstanding the adverse counsels by which he mms sometimes deceived, it v/as his favorite principle to avoid foreign allian- ces, and to study the arts of peace with diligence and constancy. It must be recollected by many persons in that house, that in a correspondence which took place during the discussions on the British treaty, speaking of those who opposed that treaty, he called them the '■'■friends of xvar and coiifusioii^\...\\o\v far the title was proper, is not here to be enquired ; but it is put ( 155 ) to their consideration, whether gentlemen who oppose nego- ciation and advocate taking peaceable possession of a foreign territory hy force of arms, are or not entitled to the epithets. But whether the gentlemen agree on this point, whether they profess a peaceable inclination in the invasion of foreign terri- tory with arms in their hands, or openly avow their design to be actual hostility, is very immaterial to the public, mIio will appreciate the consistency of thtir pretensions and their pro- positions. It had been correctly stated, that the true course of our policy always has been, and always ought to be, to pursue negociation, in preference to any species of menace or hostility. It was more consistent with a confidence in our own resolution, for moderation in difficulty, is always the true cri- terion of courage. The course now proposed by the amend- ments of his friend from Kentucky, was the same that had been formerly adopted. When the proceedings of the legislature were arrested bv fo-ifs mission, this was the course. Eighty thousand militia were voted, and the country was placed in its true position for defence, a reliance upon the patriotism and cou- rage of freemen. The same course was adopted with regard to France, on a later occasion. ...and in both the effect was an- swerable to the intention.... we obtained peace by negociation. Those who advocate war measures now, recommended very different measures, in the case of British aggression. ...one gen- tleman, from New Jersey, indeed, disclaims any merit on this score. ...he washes his hands of all the sin which attaches to a love of peace. ...he disavows and rejects such a groveling sys- tem.. ..born a soldier, the language of war is to him the har- mony of the spheres ; war is never mentioned, without stirring up his proud recollection of those wonderful atchievements, in which he partook his share of glory, in the blood stained field.. ..his sympathies are aroused. ...like the sympathies of an old coach horse at the crack of a whip '. It is a kind of instinct. ....no one can accoimt for it.. ..but that it is a natural propen- sity.. ..it bears an analogy to love, it is an indiscribable some- thing.. ..and great warriors have been ever great lovers.... indeed all the ancient knights were in love as a matter of course. The passion for war, lasts as long as life, but that of love, (from a natural cause) is not always as durable, the for- mer seems already predominant with the gentleman from New Jersey, and has betrayed him into an unguarded concession ; whilst vaunting of his military atchievements, he has told us *hat he was defending the state of New York, when my friend, ( 156 ) who now represents that state with so much benefit to his country, and honor to himself, (Mr. Clinton) was on his mother's lap, or in the egg-shell ; this is making out the gen- tleman rather older than I expected he was, and is acknowleg- ing a weight of \ears, that I should hardly have thought a man of his gallantrv would have been willing; to own, before so numerous and elegant a collection of ladies, as at this time honor us with their company. But we are told by another redoubtable knight, that we must have New Orleans whether the Spaniards will or not.... no ceremony in his opinion is necessary. ...he says we want it and therefore must have it. Thus, if a buck of high metal, were to see a fine horse, he might tell the rider ; sir, that is a very excellent horse indeed ; I v/ant it, and you must alight ; I do not mean to rob you sir, but really you must dismount, and let me have the horse A lady may like a fine transpa- rent muslin, or a shawl, or brocade, or something else that is very fine and fashionable, she vovvs to heaven she must and will have it ; they belong to ♦he shopkeeper to be sure, but v\hat does that signify, the lady wants them, and all she has to do is to knock the shopkeeper down and gratify her wishes. Exacdy parallel is the conduct recommended to us. If we can indeed obtain New Orleans in an honest wa}', if the man will sell his horse, or the shopkeeper his goods, v.hy then we may have it ; but we cannot become so insensible to justice or to our true policv, as to invade and take the property of an ally before we have complained and demanded our rights violated bv an officer of that ally. If negociation fails, it will then be justifiable in us to redress ourselves, and insist on our right ; if our right is resisted, and further injury done, the laws and usages of nations will justify us in retaliating.. ..and in such an event, which he did not expect, we might be justi- fied in going farther and taking more. But this we could never do or attempt unless forced into a war. But as we are now called upon to act, nothing could be more unjust. We have heard of a right of ours under treaty being suspended, by we know not whom.. ..ail we know is, that a Spanish officer has undertaken to do this. But without teUing your wrongs to his government, you are told to enter on the territory and spread fi.re, havoc, and desolation, among the unoffending and friendly inhabitants 1 Would the savage tribes of our wilder- ness do the like. ...they would not. You have just sent an am- bassador upon this very subject, and vou are told he must carry with him in his hand, an account of this invasion and ravage, ( 157 ) asliis introduction to negociate on friendly and pacific terms ! We empower him to demand redress of Avhat we have under- taken to redress ourselves.. ..We ask for justice, and our re- commendation is injustice.... We ask dae Spanish government, will you please to restore us our deposit ? when we have not only taken it, but the whole island. What would be the recep- tion of our minister under such circumstances ? He would be sent back. ...and we should be told that they would try to take from us by force, what we had usurped beyond our just claim. Such is the policy which gentlemen recommend. Some gentlemen read us the newspapers, some private letters from God knows v/ho.... another tells us of the prince of Parma and the king of Eutruria, and the duke of Modena.... that Spain is the actual aggTessor.... then that France is the real mover.. ..Further, from the same source we learn that lord Whitworth has arrived at Paris, and that the expedition of the French is suspended, because Great Britain wisiies to purchase Louisiana. Thus it is demonstrated by the gentle- tlemen themselves, that they know not, or care not, what they are doing, and that they are desirous of acting in the dark ; for, if we raise the sword, we know not whether it is to fall on the head of Spain, France, or England. If it should hap- pen to be on die last, some gendemen would certainly deplore their present impetuosity. We have been told that Spain had no right to cede Louisi- ana to France ; that she had ceded to us the privilege of depo- sit, and had therefore no right to cede her territory without our consent ! Are gentlemen disposed to wage war in support of this principle ? Because she has given us a little privilege, a mere indulgence on her territory, is she thereby constrained from doing any thing for ever with her immense possessions ? No doubt, if the gentleman, (Mr. Morris) were to be the negociator on this occasion, he would say...." you mean " to cede New Orleans ; no, gentlemen, I beg your pardon, *' you cannot cede that, for we want it ourselves.. ..and as to *' the Floridas, it would be very indiscreet to cede that, as, " in all human probability, we shall want that also in less than " 500 years from this day.. ..and then, as to Louisiana, you " surely could not think of that, for in something less than *' a thousand years, in the natural order of things, our popu- *' lation will progress towards that place also." If Spain has ceded those countries to France, the cession has been made with all the incumbrances and obligations to which it is subject by previous compact with us. Whether Bo- ( 1^8 ) naparte will execute these obligations with good faith, he couid not say ; but to say that Spain has no right to cede, is a bold assertion indeed. ...The people of America will not go along with such doctrines, for they lead to ruin alone. We are also told, that the power of the Chief Consul is so great, that he puts up and pulls down all the nations of the old world at dis- cretion, and that he can do so with us. Yet we are told by the wonderful statesman, who gives us this awful information, that we must go to war with this maker and destroyer of governments. If, after the unceasing pursuit of empire and conquest, which is thus presented to us, we take possession of his territory, frona the gentleman's own declarations, what are we to expect, only that this wonderful man xvho never abandons cm object xvho thinks his own and the nation's honor pledged to go through whatever he undertakes.. ..will next attack us ? Does the gentleman think that this terrible picture, which his warm imagination has drawn, is a conclusive argu- ment for proceeding to that war which he recommends ? The Senate, Mr. President, at this moment, presents a very extraordinary aspect ; and by those not acquainted with our political affairs, it would appear a political phenomenon. Here we see a number of people from the eastern states and the seaboard, filled with the most extreme solicitude for the intei'est and rights of the western and inland states ; while the representatives of the western people themselves, appear to know nothing of this great clanger, and to feel a full confix dencc in their government. The former declaring that the western people are all ready for revolt and open to seduction ; the latter ignorant of any such disposition, and indignant at the disgrace which is thrown on their character. In their great loving kindness for the western people, those new friends of theirs tell them, that they are a simple people, who do not know what is good for them, and that they will kindly under- take to do this for them. From the contiguous states of South Carolina, Georgia, Tennessee, and Kentucky, (those states from which the gentleman fi-om Pennsylvania, by his resolu- tions, proposes to drav/ the militia,) every member of this house is opposed to war ; but from the east, (and one can scarcely refrain from laughing, to hear of the all important representatives of the state of Delaware in particular,) such is the passion for the v/onderful, or the absurd, there prevails the liveliest sensibility for the western country ! Soon after the peace of 1783, our frontiers were in a situation where national feeling had much occasion for irrita- ( i59 ) tion. The British had not only retained their old garrisons on our territory contrary to treaty, but the}^ actually advanced upon us, and erected new. Yet such was the extreme sensi- bility of the eastern states then, that they Avent to sleep in perfect composure... .and their sensibility and their war rage was never roused until the British began to interfere with our commerce at sea... .then indeed they began to rub their eyes, and to dis- cover that there was some danger. But they continued still to feel very little for the western people. ...perhaps they did not know them so v/ell.... they had not yet travelled ever the zvestern lands ! These contradictions must be resolved by other than state interests ; by other causes than any sufferings of particu- lar states. They must be explained by events in times past, and by causes which do not belong to the interests or the hap- piness of the people. There are men in this country who entertain an incurable passion for war... .there are some men who see no means by which their ambition can be gratified, but through the evils and distractions, the miseries and the dis- contents, inseparable from a state of war.. ..There are, said he, such men war leads to expence, and to discontent with the government which creates it.. ..war strengthens the hands of executive power, and weakens the authority and the voice of the people. ...war multiplies the means of profusion and v/aste of the public treasures, in contracts and jobs.. ..it gives a pre- ponderance to one branch of the government over the rest.... From the beginning of this government, this struggle has been visible, where ambition has leagued with avarice against the interests of the people ; and where there has been more pain and trouble occasioned by the incessant efforts of this combi- nation, than all the other duties, cares, and incumbrances of government. Perhaps some gentlemen do not act from a con- sciousness of such motives.... perhaps some few may act from opinion, and without personal or ambitious views. ...some per- haps conscientiously think that it would be preferable to lodge .ill authority in the executive, and to dispense with popular representation, or even ordinary legislation. Whatever might be the motives or the impressions oithisfen\ this government was not made for them ; it was made for the man}', and must be so administered. He could have enlarged much more on what had fallen in debate, but his strength would not enable him to pursue the examination much farther... .he would, therefore, content him- self with stating his reasons for prefering the substitute to the original resolutions. ( 160 ) This he considered to be a most favorable time for nego- ciation. We are told that Bonaparte never gives up an enter- prize. He will not then give up St. Domingo... .he has attack- ed it, he has been disconcerted. ...and is pledged to accomplish it at any sacrifice. Great as that colony is, and perhaps he does not think so much of it as in a commercial view it merits, but if, as has been said, he wishes to preserve it as a necessary means for the reduction of the West Indies, this must be the most favorable opportunity for pressing a negociation. What may be attempted or expected from that negociation he would not say, because it was not proper, in the present stage of pro- ceedings. He stated, that the original resolutions, by delegating to the President of the United States, the power to invade the neighboring territory of an ally, with fifty thousand militia, and all our regular military force ; v/hilst they betray the mo&t outrageous spirit of hostiUty^ they are evidently calculated to defeat all attempts -aX. friendly negociation^ and in two instances, most palpably violate the constitution : to Congress the power of making war is confided by the constitution, a power which they cannot ti'ansfer to the President or any other authority. Secondly, the militia can only be used by Congi-ess " to sup- press insurrections and repel invasions," they have no power to send them without the limits of the United States upon any object of conquest, or to avenge any national wrongs or indig- nities, that we may be supposed to have suffered. The militia force, therefore, if collected, could not be used for the pur- poses expressed in those resolutions. But by the substitute offered by the gentleman from Ken- tucky, a greater force is to be held in a state of pi'eparation, a part of these to be enlisted, or rather enrolled as volunteers, for a longer time of sendee than militia are liable to, and by the terms of their engagement may be marched any where that may be required of them, by an act of Congress. Arsenals are to be built, and arms and ammunition deposited in suitable situations, so that should war be unavoidable, every thing is placed in a state of perfect preparation for such an event. And when Congress, with whom the power of war is lodged, may think proper to declare it, the declaration of war may be fol- lowed by an immediate and effectual movement. Thus the resolutions proposed as an amendment, whilst they shew more temper, moderation, and jusiice, will be more effectual, 5ihould we find it necessary to resort to the last means of settling na- tional disputes ; they are such as the powers of Congress are competent to, and by not attempting more, argue at sincerity ( 161 ) of intention, which the others (fi-om their very different cha- racter in this respect) may be suspected of wanting. Though the ostensible pretext of those resolutions, was to secure the deposit at New Orleans, yet it was evident, that their ob- ject was tycr at all events, these gentlemen seem to be all equally anxious for war, though they differ about the causes and inducements which should lead us to undertake it, and the means of pursuing it, seems to have been very crudely digested indeed. War is all they want, is all they wish. ...set it once going, and it will work afterwards to suit their pur- pose. ...give them but war, they care not with whom, or for what. Mr. Cocke. The doctrines held by the gentleman from New York, (Mr. Morris) are curious. He tells us, Mr. President, that we must go to war for fear we may be com- pelled to go to war;.,.. that we must attack the Spaniards be- cause they are weak.... and we must attack the French because they are powerful.... we must force our western fellow citizens into a War, from an apprehension that if we do not, they will go to war themselves, and become our most formidable ene- mies ! This he supposed, was what some people called oratory, but for which an honest man is at a loss to find a proper name. The love of peace he has declared to be a good reason for going to war ; and this is more oratory. There was something said iaboutaduke of Parma and Hercules, but this he supposed was oratory also. . . .it was hardly possible to be serious upon this kind of doings. The gentleman in the same speech told us, that he did not know what the President was doing on this business ; he has a bad memory for an orator, for it is but a few da}"s since he was present at the nomination of James Monroe, to proceed to Europe as ambassador to negociate on the subject ; this was at least something, and more was expressed in the message from the executive on the nomination. Why, sir, oratory appears to nle a heap of contradictions ; fine words may, to be sure, be very diverting, but they are not half so well calculated for a republican people as matter of fact. The gentlemen, indeed, appeared to think very differently, for we have been accused of wishing to keep their arguments and speeches from going abroad, and to keep to ourselves with closed doors, all their fine doings about the prince of Patfia and the emperor of the Gauls, and about the prophecies of the gentleman to the Swiss so many years ago. He could assure gen- tlemen, that for his own part he entertained as little apprehen- sion about their fine speeches as he did of the prince (jf Parma,- Y ( 162 ) or the hero of Italy ; and he believed his constituents general"^ ly, thought about as much of them, if they thought of them at all. But gentlemen tell us our rights are invaded, and that we must go down and attack the sluggish Spaniard ; and that we should do this in time, before Bonaparte comes, and builds a chain of fortifications along your frontiers. How are the pub- lic to understand all these things, we must not negociate, be- cause the Spaniards are sluggards, and we must fight because Bonaparte, by the aid of that conjuring devil, which the gen- tleman talked of, is to build up a whole line of fortresses, all in one night, he supposed. These are the speeches which we are told, we were afraid of letting go out to the public... .in which every thing is contradictorj\ But how are we to account for this zeal for war, in those gentlemen now, who, not many years ago, were as violently bent on peace ? They tell us, indeed, that there was a day when the character of America stood high, and when the poorest American individual could not be insulted with impu- nity ; and that those were the days of Washington. Gentle- men have very bad memories, or they perhaps chuse to forget. Do those gentlemen forget Dorchester's speech to the Indians ....do they forget the possession of our forts on the lakes, contrary to treaty ; when the savage Indians were daily mur- dering our citizens on the ftontier, instigated by the British, when neither age nor sex was spared ; what was the conduct of gentlemen then ? Those things happened in the days of Washington, and where v/as the redress found? In war? Did we march an army to Montreal or Quebec ? Did we even seize upon our own forts in our own states, which they held ? No. What then did Washington do, Mr. President? Why sir, he did no more than we mean to do now ; with a thou- sandth part of the provocation or injury ; he negociated. If any circumstances justified war, it was those. But even my friends did not then propose to resort to arms, they proposed a commercial war, in which no blood was to be shed. But what did those gentlemen who now bellow forth war ? They opposed even a commercial retaliation : the)' deprecated the dangers of a war, and proposed negociation, and sent an am- bassador. The British treaty was concluded, the gentlemen who now roar out war! war! then cried out peace, and eulogized that treaty. Yet in the twenty-second article of- that treaty, we find the gentlemen have furnished another contradiction j ( 163 ) for that article says that neither of the contracting parties shall >€>rder or authorise any acts of reprisal against the other, on complaint of injury, until a statement thereof shall be pre- cented to the injuring party, by the injured, verified by compe- tent proof, and demand satisfaction, and not then unless >re dress is refused, or unreasonably delayed. Tliis treaty was concluded under Washington, but it was also a part of a for- jner treaty with Prussia ; and with a subsequent treaty with the Dey of Algiers ; the twenty second article of the treaty with whom was to the same effect. And this also was a treaty concluded by Washington, and all this was supported by the gentlemen who now drive at war. Where were Jupiter and Mars in that day... .they were napping in the arms of some fuddled Bellona ; while a grave judge was sent from the bench to the court of St. Janaes', to kneel before her majesty of Eng- land, to kiss her sacred hand, and to pray her most gracious ■intercession with her magnanimous husband, to spare our frontiers from the scalping knife, and have pity on us. This was called asserting our dignity, in those boasted days. ...we never heard of the poorest individual meeting protection ; and the representative of our republic was seen taking shelter under the royal robe, and aping the pomp and vanity of a vi- cious court and corrupt nobility. The people of America, Mr. President, have had too much experience to be any longer deceived. Their eyes have been opened to the deceits which have been put upon them, and are now attempted again. They have on every occasion marked one prevailing feature of conduct in the party which now wish to stir up war ; against every aggression of Great Britain, they shut their eyes ; in their sight, the most flagrant acts of injustice from that quarter, are either justified or pal- liated ; in whatever situation we are placed, with respect to other powers, the fiist consideration of this war party is, what is the interest of Great Britain on the subject ? Every act of any power not aUied to Great Britain, or in any manner oppos- ed to her, is magnified and aggravated ; and in all their speeches, we are sure to hear, either in the form of a direct proposal, or an hearsay insinuation, of an alliance offensive and defensive with England ; we are menaced and flattered alternately with accounts of her navy ; we are taught to be- lieve her navy can destroy us, if we maintain our own rights^ ■or if we prefer treating with others ; while, if we have differ- ,cnce with powers to which England is opposed, we are invited jto embark in a n^w crusade with her, and to lead the van ^f C i^'i ) her battles. The people see all these things, they have fell them, and can no longer be deceived. Sir, while they guard against internal foes, the people are not indifferent to their rights, nor unwilling to maintain them, at every hazard. The business of New Orleans is in the hands of the executive, and the people confide in their own choice. If his efforts fail by ncgociation, the people will not fail to unite with one voice, and one arm, at the call of the government of their country. Mr. W. C. Nicholas. If this v/as an ordinary ques- tion, his indisposition would prevent his taking any part in the discussion ; but as the representative of a state, more than one third of whose territory lies on the western waters, and which has upon all occasions manifested the most anxious solicitude to preserve our rights to the navigation of the river Mississip" pi, he felt himself bound to state to the Senate the reasons upon which he considered the propositions of his friend from Kentucky, entitled to a preference to the resolutions offered by the gentleman from Pennsylvania. However irksome it may be to him, he will never shrink from the discharge of a public duty, from personal considerations. Upon the present occa- sion, he would endeavor, as much as possible, tp avoid a repetition of what had been said by others in favor of the amendment, and in opposition to the original resolutions. To make this the more certain, his observations should be more in the form of a reply to what had been said in support of the resolutions first offered, than a regular argument in favor of one proposition, or in opposition to the other. Had the gen- tleman who introduced this discussion, dealt frankly with the. Senate, or understood the views of his own friends, and at once informed us what nations he meant to go to war with ; what the objects of the war were to be ; and the extent of the proposed conquests, much time and trouble would have been saved. When the gentleman from Pennsylvania, (Mr. Ross} opened his war project, his resentment appeared to be confined wholly to Spain ; his sole object the securing the navigation of the Mississippi, and our right to a convenient place of deposit on that river. We were told by that gentleman, that we are bovmd to go to war for this right, which, God and nature had given the wes- tern people. What are we to understand by this right, given by God and nature ? Surely not the right of deposit, for that was given by treaty, and as to the right of navigation, that has been neither suspended nor brought into question. But ( 165 ) •we are told by the same gentleman, that the possession of New Orleans is necessary to our complete security, leaving to the gentleman's own conscience to settle the question as to the morality of taking that place, because it would be convenient ; he would inform him that the possession of it will not give us complete security. The island of Cuba, from its position, and the excellence of its harbors, commands the gulph of JVJexicoas completely as New Orleans does the river Missis- sippi, and to give that complete security that he requires of the President, the island of Cuba must likewise be taken possession of. It has been shewn that the measures proposed by the gentleman from Pennsylvania, and he would again demonstrate it, if it was necessary, are calculated to bring upon the western country, all the mischiefs that gentle- man has depicted as resulting to them from a loss of the navi- gation of the river Mississippi. If we are driven to war to assert our rights, the western people must make up their minds to bear that loss during the war ; for without a naval superio- rity which we have not and cannot qbtain, or the possession of Cuba, we shall not be able to avail ourselves of the navigation to any useful purpose. Although we niay take possession of the Floridas and New Orleans, it is from a conviction of its pernicious effects upon the western country as well as other reasons, that he was averse to appealing to arms as long as there is a prospect of attaining our object in another way. It has been said in this debate, that war cannot take place without the in- terference of Great BrUain, which he presumed is relied upon to give us a naval superiorit)''. This, Mr. President, would be opening to us a new scene. ...at some period or other we may find ourselves forced to seek alliances with some power that has a considerable naval force ; he could conceive a state of things that would make it prudent.. ..But it certainly is not our interest or policy to precipitate ourselves into a situation that Vv'ould make that a necessary measure. We have been, warned by the experience of other nations, and by the admo- nitions of our most enlightened citizens, to avoid entangling alliances, to keep ourselves clear of such a connection with European nations, as would probably make us a party to all their wars ; and hetrusted that when a necessity did exist, if it ever should, there will be found wisdom enough in that de- partment of our government in whom the power of negociatiou is vested to anticipate such a state of things. It seemed to him that to begin a war upon such an expec- {jstion, and to depend upon future ncgociation for forming ( 166 ) connections to carry us through it with success, would be a system of policy too weak and childish ever to be pursued by an American Congress. It would be to submit the interest, and perhaps the honor of this country to a nation who would extort from us sacrifices as injurious as a disadvantageous peace would impose. And it must be obvious, that widiout die most discreet use of the power vested in Congre'ss to make war, and a perfect co-operation between the treaty making pow- er and the legislature, we shall subj ect our country to the greatest iiilHculties in this way. He would say nothing of the present £.tate of Europe, to shew that there maybe an indisposition in any nation to go to war, nor of the rival and conflicting in- terests of any nation with those of the United States. Every gentleman has full information upon these subjects, and will appreciate them as they merit. The r;;entleman from Pennsylvania, probably distrusting ihe success of his measures, if they depended exclusively upori the act of the intendant of New Orleans, has brought into view, aggressions committed upon our commerce during the iate war, and which that g-entleman knows are in a train of adjustment, and could only have been mentioned by him with a view to produce the greatest possible degree of irritation agaifist Spain. Upon this part of his argument he would make some further observations hereafter. As the discussion adr vanced, new objects and new adversaries were successively developed, until from the recovery of a commercial privilege, we were gradually led on to the emaneipaticm, and indirectly to be the arbiters of the old ancl new worlds.. The gentleman from New York, finding the weight of argument against him, and that a resort to arms would not be justifiable upon the ground taken by his friends, with a boldness and promptitude that characterizes veteran politicians, has not only assigned new and different causes for war, but new objects, and a new ajnd more powerful enemy to cope with. He no doubt felt the force of the arguments that have be ( icr ) Well to believe that he would attempt to tlirow a responsihility upon others, for his measures, nor indeed could it be shewn* that the first Consul would be in any way beneiited by it ; he knows the American character too well to believe that any of the reasons that have been assigned by his friends who have preceded him in this argument, would form a justification for a declaration of war, without a previous demand for a redress of the wrongs that we have sustained. He knows that our countrymen, with a courage and perseverance that does pro- mise success in any war, are at all times ready when it is ne- cessary to assei-t their rights with arms, but that they will not be employed in wars of ambition or conquest ; and above all, he sees the folly of going to war v/ith Spain, and taking from her a country that we should be obliged in honor and justice to give up to the French, perhaps the instant after we had taken possession of it.. ..for if France would reinstate us in the rights and privileges that we hold under our treaty with Spain, I demand of the gentleman from New York, if he would wish this country to hold possession against France ; and if he would, upon what ground he would justify it? The cession was made to France before the injury done us by the Spanish officer : knowing this we take the country ; upon France demanding it of us, we should be bound by every principle of honor and justice to give her possession, upon her engaging to respect properly our rights. Spain having injured us, surely will not justif)^ our committing an outrage of the most injurious and insulting nature upon France, Would con- duct like this, comport with the gentleman's ideas of nationii! honor, about which we have heard so much in the couise or this debate ? Can it be, that an act, which, if perpetrated b\- an individual, would be robbery, can be justifiable in a nation f And can it be justifiable in the eyes of men, who believe there is nothing so precious or important as national honor ? Can the usefulness or convenience of any acquisition justiiy us in taking from another by force, what we have no sort of right to? If these things come within the pale of his (Mr. Mor- ris's) laws of honor, for my country 1 disclaim all obedience to them! The gentleman (Mr. MoRKi.i) has said, that the ceding of a country by the possessor to another country, is a good cause for war to a nation in the neighborhood of the country ceded. In this doctrine, he believed, the gentleman would find himself unsupported by any authority, or by the practice of nations ; he would, on the contrary, find example constantly against him. Did Great Britain make war on Spair. ( 168 ) br Ffance, when Louisiana was ceded by the latter to the former ? No. How is such a war to terminate ? Should we be authorised to Conquer the country, and hold it for ourselves? or must we make war with, Spain and France, until we can oblige the former to resume the possession and government of the country ? The cession to France cannot give us a right ; and to make war for the restoration of the country to Spain, would be a madness unrivalled by any thing that has happened since the crusades for the recovery of the Holy Land. In this dilemma, the gentleman from Nev/ York, (Mr. Morris) abandons the ground taken by his friends, and instead of join- ing the gentleman from Pennsylvania, in charging the Spanish government with the blackest and most wanton perfidy to- wards this country, he speaks of tliat nation as disposed to do every thing that honor and good faith can require of her, but that she is humbled to the lowest state of degradation by the force of a superior power.. ..in short, Avhat he has said of that country is more likely to excite our commisseration than our vengeance : accordingly, the gentleman from New York (Mr^ Morris) disdains a conflict with a nation that has been made the unwilling instrument of doing us wi-ongt He put out of view all the considerations that influenced his friend from Pennsylvania ; by the sovmd of his voice he dis- pels the whole force that his friend had brought up in inar- tial array against vis. ...throws away the mask and declares that France, not Spain, is the nation we are to go to war with. He would, as concisely as he could, recapitulate to the house, the principal reasons given by the gentlemen for going to war with France. The cessionof Louisiana is a sufficient cause for war ; upon that subject he had said enough to shew its absurdity. We are told, and even by the gentleman from Pennsylvania, (Mr. Ross) that it is necessary to prevent the French from taking possession of that country, or tiiey will seduce the people in the western parts of these states. This is the most extraordinary argument that ever was used, connected with what was the professed object of the resolutions under consideration. The object of the resolutions was said to be, to secure to those people the free navigation of the river, and a convenient place of deposit for their produce. This measure can alone be jus- tified by a belief that we shall not be permitted to enjoy these important rights. This was at first said, but now it is openly avowed, that there is no fear of that sort ; and the gentleman from New York, (Mr. Morris) not satisfied with insinu- ating this, has told us in plain terms, that France will not only ( 169 ) permit tlie free navigation of the river, and the right of depo- sit ; but that they will give such great and exclusive advan- tages to the people in our western country, as will put them at the disposal of France, so that it is not to secure to our wes- tern brethren their rights that we are to go to war, but to pre- vent their having an extension of those rights. As a repre- sentative of a great number of western people, he felt him- self alarmed for their interest, when he connected this with what fell from the gentleman, (Mr. Morris) when speaking of the effects upon the middle states of a cession of Louisiana to France ; he said that France would give such a monopoly of the supply of their ov/n islands, the Dutch and Spanish islands, to the western people, as would ruin the trade of the middle states. Is it consistent with a regard to the westera people, or to the union of the states, to attempt to shew that the prosperity of one part of the union, is to cause the ruin of another ? Are not these observations calculated to excite the jealousy of the Atlantic states against the western ? Fortu- nately, however, the gentleman, (Mr. Morris) has used ar- guments so contradictory, that it is impossible they should produce an effect any where. In another part of his speech, he did say, if the French gained possession of Louisiana, that the western people would never obtain the value of their pro- duce.... that in time of peace there would be no purchasers, but French merchants who had no capital ; and that in time of war there would be no price, as their trade would be cut off. Surely diat gentleman can entertain very little respect lor the Senate, when he ventures to use arguments so contradictory and inconsistent with each other. As to the danger of the western people, deserting and betraying their country, the suggestion deserved the severest reprehension. There were not in America, men more attached or more faithful to the government of the United States, than they were ; and I will venture to predict, from my knowledge of them, that they will be the last who will submit to the yoke of despotism, let it be attempted to be imposed on them by whom it may. If there is one part of America more interested than any other, in preserving the union of these states, and the present government, it is the western. Important as the Mississippi is to them, their free intercourse with the Atlantic states is more important.... all their imports are received through that channel, imd their most valuable exports are sold, and will continue to be so, in the Atlantic states. The same gentleman (Mr. Morris) says we must line our frontier with ( ira ) custcin house ofificcrs, to prevent smuggling... .If there Is anj force in what he says upon this subject, we ought not only to take New Orleans and the Floridas, but Louisiana and rJl the British possessions on the continent. Another reason urged with great earnestness by the gentleman from New York» (Mr. Morris) is, that France, without this acquisition, is too powerful for tlie peace and security of the rest of the worid....that half the nations that lately existed are gone..., that those that are left are afraid to act, and nation after nation falling at her nod that if France acquires the Floridas and New Orleans, it will put England and Spain compltteiy in her power : giving to these places an impor- tance that they do not merit.. ..and yet that gendenian and his friends have repeatedly asserted, that war would not result from our taking immediate possession of those places j^ indeed they say it is the only Vv'ay to avoid war. At one moment, the countrv is represented as so important as to make the first Consul the sovereign of the world ; at the next, ws are told, that we may take it without any sort of risk, and without a probability that either France or Spain will go to war with us, for the recovery of a country, so all important to them. In the language of the gentleman from Pcnrisylvania, I say, this idle tale may amuse children, but will not satisfy men. Mr. President, we have nothing to fear from the colony of any European ration on this continent ; they ought rather to be considered as a pledge of the good conduct of the mother country towards us j for such possessions must be held only during our pleasure. Can France in fifty years, or in a centuiy, establish a colony in any part of the tei-ritories now possessed by Spain, that could resist the power of the United States, even at this day, for a. single campaign? What has be^H our progress since the year 1763, in settling our western country ? In forty years, under the most favorable circumstances that a nev/ country could be settled, we have only a population of between live and six hundred thousand souls, aad this country is settled by men who knew it perfectly.... by men who either can-ied all their friends with them, or who knew that their change of re- sidence would not prevent their frequently seeing and hearing^ from their near relations. Can it be expected that any country will be peopled as fast, from a nation at the distance of three thousand miles, as our western country has been ? And yet we are taught to be apprehensive of a colon}^ to be landed to- morrow or next day, from Europe. Sir, if we are wise and C in ) .ti-ue to ourselves, we have nothing to fear from any nation, Dr .combination of nations against vis. We are too far removed from the theatre of European politics, to be embroiled in them, if we act with common discretion. Friendship with us, js the interest of every commercial and manufacturing nation. Our interest is not to encourage partialities or prejudices to- wards any, but to treat them ail with justice and liberality. He should be sorry to reproach any nation.. ..he would rather suffer former causes of reproach to be buried in oblivion ; and he was happy to perceive that prejudices v/hich were incident- al to the war that we had been forced into in defence of our liber- ties, with a nation from which we are principally sprung, were fast wearing off. Those prejudices had been very pov/erfully re- vived, soon after our revolution had established our in.dcpend- ence, by the aggressions of that nation, in various ways, more flagrant and atrocious than any thing we have to complain of a,t this day. The gentleman from Pennsylvania said, that this is not an apposite case, that at that time there was no blockade ; it is true, there was not a blockade of one of our ports, nor is there nov,'^, (the river Mississippi is open for the passage of our boats and vessels,) but we were injured in a conmiercial point of view, in a more material manner than we should have been by the blockade of the Delravare or the Chesapeake, for all the countries (except Great Britain) to which it was desirable for us to trade, were declared to be in a state of blockade, and all our vessels going to those countries were subject to seizure. Let gentlemen call to mind what was the conduct of our go- vernment at that time ; the house of representatives had tire subject under considei-ation, when the then President jvjDpoint- ed an envoy extraordinary, to demand satisfaction of Great Britain. What was the conduct of the members of the house of representatives, who were acting upon the subject, before it was knov/n to them that the executive had taken any mea- sures to obtain satisfaction for the injury sustained ? Did they attempt to counteract the executive? No j they suspended all legislative discussions and legislative measures. And even tniien, the injuries done us by the actual invasion of our terri- tory.. ..the erection of fortifications v/ithin ourlimits...the with- holding the posts that belonged to us by treaty, and the rob- bery and abuse of our citizens on the high seas, did not pro- voke us to declare war, nor even to dispossess the invaders of our territory, of what actually belonged to us. The executive proposed to negociate, and it was thought improper to obstruct f.tp How gendemen, who approved of the interference of th© ( 1^2 ) executive upon that occasion, can justify their attempt to de- feat the efforts of the present administration to obtain redress for the injury that we now complain of; they must ansAver to their consciences and their country. Fortunately for the U. States, not only the President, but a majority of both houses of Congress, vipon the present occasion, have put themselves in the gap between the pestilence and the people. It has been asked in a triumphant tone {and it would seem as if gentleijien believed it could not be answered,) what have you to give for the restoration of those rights on the Missis- sippi, which you seek to recover and secure I For our rights, sir, we disdain to barter, they are not to be the subject of nego- ciation. The business of our envoy, I presume, will be to demand their complete restoration, and indemnity for the pri- vation ; if in this he should fail, we have a sure resort in the bravery and patriotism of our countrymen, and the resources of our country. Have the gentlemen to learn at this day, that the American people are at all times ready to risk their lives and fortunes to assert their rights, and to preserve their real honor, that they can readily distinguish between the real calls of honor and the factitious appeals that will be so frequently addressed to them to answer particular purposes. For our rights, sir, I answer, we have nothing to give, but that we will risk every thing to secure them. As to an extension of our territory, or acquiring commercial advantages that do not of right belong to us, if aviy nation should be disposed to make us an offer of such, the gentlemen who have asked die question, know that we have the means of payment, in seve- ral different modes, if we choose to resort to them. Having answered the question that has been asked of us, the gentleman from New York (Mr. MoRras) will be so civil as tv state to the Senate what we should have to give to the first Consvil to induce him to let us hold New Orleans, and to Spain to prevail upon her to permit us to hold the Floridas, after taking these places ? Or does the gentleman believe that the first Consul would be more disposed to accommodate us, after our committing as to him an unprovoked insult and out- rage, than he would, if we had given him no just cause of complaint? Does the gentleman believe that the way to con- ciliate a man who he has represented as magiianimous in sorfie things, who he describes as having conquered one half the^ world, and as contemplating the subjugation of the rest, I aay, sir, does the gentleman be]ieve, that the way to propitiate such a man, is to insult and injure him ? if, as the gentlemcJi ( ^73 ) thinks, it is all important to this country to obtain the Flori- das and New Orleans, there can be no doubt (if the thing is practicable) that we should be more likely to succeed by nego- cieition betore any act of hostilities on our part, than after- wards. If the gentleman from New York had exerted his inge- nuity as much to state the grounds upon which an expecta- tion of the complete success of our envoy might be founded, he would have been at least as usefully employed to his coun- try, as he has been in his attempt to shew that it will not suc- ceed, and he would have avoided the i.Jpable contradictions of his own arguments, that he htis run into. The gt-ntleman himself, v/ithout intending it, has assigned sufficient reasons why we migi^t expect entire satisfa.tion. He has said truly, that America united, holds the comniL-nd of the west ir dies in her hands. ...This must be known to all the nations tirat have colonies there, it must likewise be known to the proprie- tors of Louisiana and the Floridas, that circumstanced as we at present are, there will be perpetual sources of contention between them and us j every thing that has happened as to the Mississippi, will be to be reacted as to the great rivers that head in what is now the Mississippi territory , and empty themselves into the gulf of Mexico, after passing through West Florida, In the infancy of the colonies that may be set- tled in Florida or Louisiana, the mother country can count upon nothing but expence, particularly if the) are to be the causes of perpetual quarrels with this country. In twenty years the population of the United States will be nine or ten millions of people..., one third of that population will probably be on the western waters, This will give a force in that quarter of the union, equal to that with which we contended with Great Britain ; and our united force will be such, that no nation at the distance of thrte thousand miles, will be able to contend v/ith us for any object in our neighbourhood. These consi- derations, with a belief, that if we are treated Avith justice and liberality, we shall never violate the rights of other nations^ or suffer ourselves to be involved in the wars that may take place among the great European nations, are arguments that cannot be Avithstood, if the governments of France and Spain are in the hands of wise men ; for they must see that they have nothing to hope from a contest with us, and that a union of our force, with a rival nation, vfould be productive of very serious daiiger and inconvenience to them. Much has been said about confidence in the exectitive ; we have been chal- ( m } Icnged by the gentlemen on the other side of the hovise, to run the race of confidence with them.... His confidence was as great in the present executive, as it could or ought to be ; but much as he respected the chief magistrate, and those whom he has associated with himself in the administration, he could not go to the lengths of confidence which some gen- tlemen had suddenly found themselves disposed to proceed. He did not choose to confide the power of making war, to the discretion of any man whatever.. ..That povv^er, perhaps, the most important of all powers, belonged to the Congress ; and to them alone. ...It v/ould be treason against die constitu- tion to trr.iisier it to other hands.. ..If we have a right to do it for a month or a year, we have a right to do it fox twenty years. Shall we have to combat this despotic disposition with, gentle- rn en, for ever? Is there to be no end to these attempts upon the constitution, and the weight of the people in public measures ? Are we to be reproached then, for not confiding to the executive, powers that belong to the legislature ? Are we to be reproc.:hed because we will not entrust powers in the hands of our friends, which we refused to our adversaries ? He gloried in such reproach.. ..he considered it as an eulo- gium. But, gentlemen ought not to persuade themselves, that this mode of proceeding, can impose upon the house, or the pviblic, an opinion of their sincerity: If gentlemen were really sin- cere, their conduct would be of a veiy diiferent character.... if they wish to shew their confidence in the executive, they would not patronize the calumnies which are daily heaped upon the executive, in papers, which derive their support from their liberality, or that of their friends. They would, if sin- cere, repress that cahmmy, or withdraw their countenance from the papers which utter it. They would discountenance those iniiuvious lies ; many of which, from having lived in the neigh- borhood of the President, he was enabled to say, were ground- less and infamous calumnies. There is another way, sir, in which those gentlemen may manifest their confidence in the President, and which the public good requires of them ; it is that they acquiesce in the effort that he is making to obtain our riglits, and security for those rights, by negociation; and t lereby add to its chance of success. ...in this way their confi- dence could have been shewn in a manner useful to our coun- try, and it may not yet be too late. We have been told of other acts of hostility on the part of Spain, prior to the re- striction of our right of deposit. This was evidently intendejl ( l^o- ) to irritate the public mind, but his friend from New- York, (Mr. Clinton) had very properly and justly repelled that artifice.. ..he had shewn that this was a seperate and distinct subject, that it had nothing to do with the New Orleans trans- actions ; that though not at liberty to declare the souree of his information, yet he would assert, that Spain has given indis- putable evidence of a sincere disposition to do us justice for the injuries we sustained in our commerce, during the late war. From the course of this discussion, it is evident, that it was intended, not to enforce conviction on the minds of the members of this house, but to produce an effect out of doors ; it was therefore important, that no erroneous state- ment of an important fact, should go abroad uncontradicted. A member from Delav/are (Mr. \Vells) had said that our government had received information from the governor of New Orleans, that the right of deposit had been taken away, in consequence of orders from the competent authority, mean- ing the government of France or Spain. (Mr. Wells rose to explain.) The gentleman says, he was not understood by me ; a proof that I did so understand him, is, I made enqui- ries that enabled me to contradict, in the most positive man- ner, the information that I thought that gentleman had given to the Senate. Mr. Dayton said, he lamented exceedingly the indis- position of the honorable member from Virginia, (Mr. Ni- cholas) not only because it had compelled him to abridge his arguments, which always entertained, even when they failed to convince, but because to that distraction of mind which sickness often produces, could alone be ascribed the doubts expressed by that member, respecting the views of the advocates of the original resolutions. Ilie difficulty of the opposers of the resolutions, would, he said, have been less, if the gentlemen who supported them had setded among themselves what was their object, and had ascertiVmed with whom we were to make v/ar. To both these points^ Mr. D. said, the fullest and clearest answers had been given. Our object, says he, is to obtain a prompt redress of injuries immediately affecting our western brethren, who look to us for decisive and effectual measures, and have told iis that a delay of remedy will be ruinous to them and our views and wishe* are to take possession of the place of deposit guaranteed by treaty, whether it be in the hands of the one nation or the other, and to hold it as a security that the trade of so importaat a river should not be liable to similar intcrriiptiouH in future ( 15^6 ) We are not, as the gentleman from Virginia would insinuate, for rushing into a war, but we are for repelling insults, and in- sisting upon our rights, even at the risk of one. It was easy to foresee that the opposers of the resolutions offered by the honorable gentleman from Pennsylvania, must resort to other means than fair argument, to justify them in the course which they were about to pursue. Our most precious rights flagrantly violated, treaties perfidiously broken, the outlet or road to market of half a million of our fellow citizens obstruct- ed, our trade shackled, our country grossly insulted, were facts too notorious, and too outrageous to allow them the least plausible ground of reasoning.... Deprived of every other means of attack, they have resorted to that of alarm.. ..They charge us with a thirst for v/ar, and enter into a description of its horrors, as if they supposed thut it was in our power to pro- duce, or in theirs to prevent it. That which requires the con- currence of two parties, viz. contract or negociation, they consi- der most easy.. ..and war, which may always be produced by one party only, they consider as most difficult. Is'ay, sir, they do what is more extraordinary and unpardonable, they shut their eyes to the fact, that hostility has already been commenced against us. Attacked and insulted as we had been, do we now, asked Mr. D. call for war ? Let the resolutions give the ansv/er. They begin with a declaration of certain rights, indisputable in their nature, indispensible in their possession, to the safety, peace, and union of this country. Not a member opposed to us has controverted them, except the honorable gentleman from Maryland, (Mr. Wright.) He denied the truth of all except one of them, and even of a part of that one. His ho- norable friends from the western country, who are in the habit of acting with him, cannot thank him for such defence. The formerly v/ell applied words, "■ Non tali auxUlo nee dcfensori- bus istis egent^^'' must be applicable on this occasion, and it may be as Avell to leave them with each other to settle the question of their rights. But there is one article of the Ma- ryland member's creed which ought not to escape comment, because, if adopted, it would be fatal to the union. I under- stood him, said Mr. D. as stating that inasmuch as the pro- duce v/hich descends the Mississippi bears a proportion of about a twentieth only to the exports of the whole union, it was not reasonable to expect that the other portion should be endangered to protect that minor part. If maxims like this were to acttiate our councils, short indeed would be the du- ration of our inch pendence. Otir enemies would have only to attack us by piecemeal, state by state, to make us an easy ( 1^7 ) prey. The honorable member from Maryland could not hope for event hat gloomy consolation which we heard of on a former melancholly occasion. He could not flatter hiniiself that he and his state would be left to be the last victim. But, Mr. President, eveiy other gentleman appears to admit the truth of the prefatory declaration of rights... .they admit too, that if we cannot be possessed of them otherwise, we must seize on them by force, but they refuse to give the means and the pow- er to the President, in whom they have told us, over and over again, they repose implicit confidence. Is any one of the re- solutions too imperative on the President, we will agree so to s^ter as to make it discretionary, if desired by any gentlemen on the other side ; for without their leave, we cannot now amend our own resolutions. It is my consolation, Mr. President, said Mr. D. and it ought to be matter of triumph to my honorable friend, the mover of these resolutions, that, whatever may be their fate, the introduction and discussion of them will have produced no little benefit. They have brought forward gentlemen to pledge themselves in their speeches, to employ force on fail- ure of negociation, which, though late, is better than never. They must be allowed the merit too of producing the resolu- tions which they offer as a substitute. These milk and water propositions of Mr, Brackenridge, will at least serve to shew that something should be done, some preparation made, and therefore even to these, feeble as they are, I will agree, if more cannot be carried. But let the relative merits of the two be compared. Ours authorise to call out of those militia nearest to the scene, and most interested in the event, a num- ber not exceeding 50,(X)0, and to give them orders to act, when the occasion requires it, in conjunction with the army and navy. ...jyicirs authorise an enrolment of 80,000, dispers- ed over the whole continent, without any authority to act with them, however pressing the danger, nor even to march them out of their own state. Ours authorise the President to take immediate possession of some convenient place of depo- sit, as guaranteed by treaty, in order to afford immediate vent for the western produce, and relief to our suffering fellow citizens, and thereby put it out of the power of a Spanish in- tendant, whether acting from caprice, or orders from his court, to obstruct so important an oxxtltt.... Theirs give no such authority, but leave to the slow progi-ess and uncertainty of negociation, that remedy, which, to delay, is almost as fatal as to refuse. 2 A ( ire ) Mr. Wright had not intended again to have spoken in the present debate, but had been constrained to it by the mis- x-epvesentation of the gentleman from Jersey, (Mr. Dayton) who had ventured '.o declare, that " he had said, that the com- " merce of the Mississippi, was too insignificant for us to " risk a war in its defence." Was it possible that gentleman could have misconceived what he had said on that svibject? He presumed not ; his observations had been so far from equi- vocal that they had been pointed, " that the right of deposit " was all important, and ought to be secured at all hazard*'.... He feared, there was a design to misrepresent ; but that fact, the house for themselves would decide. It was well known that he had strenuously advocated the rights of foreign nations, secured to them by the law of na- tions, and by their existing treaties : that he had reprobated as disgraceful, their violation ; that he hrd endeavored to stamp the infamous practice with merited obloquy, and to drag to condign punishment, their infractions ; and should it be said that he had a design to sacrifice the best interest of the western people, (a member of our government) secured to them by the constitution he had szuorn to support ; and that only be- cause he had preferred the pacific measures that had been adopted, to a war ! He feared the gentleman had been go- verned by the unworthy spirit ofrecrimination, because he had detected his mistatement of the amount of exports from the Mis- sissippi ; and had by the production of tl z official documents on that subject, corrected his misrepresentations, which he considered to be his duty to correct, so that the house might not act on false premises. ...and in this opinion he was in some measure confirmed, by the gentleman's extraordinary attack yesterday on the gentleman from New York, (Mr. Clinton) for his firm opposition to the gentleman''s war measures ; when with great acrimony he asked, where was that gentle- man, (Mr. Clinton) in 1776, when /?f was fighting the battles of his country? " He was," said he, " in the egg-shsll, or in his mother's lap.".. ..Was it a ground of reproof that a gentle- man was not born before his time? No ; it was a perfect ex- cuse, he could not in that state be expected to take a part in the glorious contest-. ..but I ask, where was his father? did he not hold a conspicuous rank in the armies of America? or have we forgot, that general Clinton was one of the saviours of his country ; and have we not full pi'oof that the son inherits his father's virtues.. ..He, for his own part, had more than once unsheathed his sworcl in support of American independence ; ( ^79 ) but he thought that the gentleman from Jersey'and himself, would both make a good bargain, could they exchange their revolutionary laurels with the gentleman trom New York,(i/Ir. Clinton) for his bloom of youth, and the fifteen or twenty years advantage he had, by being an infant at th. commence- ment of the American war... .How different was the treatment that the gentleman from New York ?aid hnnself had experi- enccd, from what had been practised towards others durmg that debate....Yesterday the hon. gentleman trom Delaware, (Mr. White) made Bonaparte the king of kings, and the gentleman from Tennessee, (Mr. Cocke) gave the gendeman Irom Jer- sey, and his friends, a rank among the Gods....l wish he had prevailed on that gentleman, while exercismg his gocUiike attributes, like Jupiter of old, to have rained gold into our treasuriu and not by endeavoring to foment unnecessary war, to drain it of its treasure. This would have given hmi arank among patriots, gready to be preferred to /us rank among the Gods. f. Mr. Olcott declared, that though he should vote tor the original resolutions ; he was as friendly and decidedly opposed to war, as any gentleman it that house. He should have remained silent, had it not been so frequently asserted, that war was the object of those who supported the original re- solutions ; and he rose to contradict that assertion, lest, by his silence, it might be supposed he acquiesced in the charge ot a desire for war.. ..against Avhich he protested. Gen. J. Jackson (of Georgia) was surprised to hear gentlemen still contend that war is not implicated in the reso- lutions of the gendeman from Pennsylvania. Although he was well aware, that after so full a discussion, litde could be said that was important, yet he hoped to be indulged m a very few observations, and he should be short in making them. The best mode of examing the conduct of one nation towards another, where an injury has taken place, and satis- faction is required, is to resort to private life ; for nations are sometimes neighbors as well as persons. The argunaents ot "•endemen, and the tenor of the resolutions, lead to taking pos- session of the iskind of New Orleans, prior to negotiation, or peaceable steps to obtain redress.. ..Nations are bound by moral des, and those of justice, as well as individuals; let us take a case then from private life. The gendeman from New Hampshire, (Mr. Olcott) and himself, both lay claim to a house ; the servants of that gendeman possess it ; instead of seeking legal and proper means to establish the right claim, he ( 180 ) enters the house, beats out that gentleman's servants, takes possession of his furniture, and then tell him, "■ I am ready to come to an amicable settlement," or leave him to seek legal redresss '.....Would justice, would moral obligation permit this ?.... Would our laws permit it ? No, sir ;....the law would turn the aggressor out, and place the original and right posses- sor in his former state, and then leave them to their proper course of redress. Should we not stand in taking possession of New Orleans, in the eyes of the world, precisely in the situation of the aggressor in private life ? We should, sir, and as perfectly unjustifiable. We should rouse the jealousy of Europe, and involve ourselves in all probability in a war, the evils of which, or its extent, cannot be calculated. What, sir, was the consequence of the king of Prussians taking pos- session of Silesia under a dormant claim, in the seven years war, without negociation? It involved Austria, Russia, France, England, and almost all the other nations of Europe in a bloody and expensive contest, from the evils of which some of those powers have never extricated themselves ; it loaded and fettered them with debt.. ..and if we take the step proposed, we may, by rousing the jealousy of Europe, produce the same effect and the same consequences on ourselves. An honorable gentleman near me, (Mr. Morris) was pleased to say, he was surprised to hear the anecdote quoted from count D'Estaing, that national honor was national inter- est. Yet, sir, after all the observations of the honorable gen- tleman, he has admitted it, and contradicted himself. For he, after painting Bonaparte in a variety of horrible shapes, as well as the nation he presides over, has declared the nation a noble one, whose interest is Bonaparte's honor, and his honor their glory.. ..It makes no difference, sir, Avhat this interest consists of.... Bonaparte's glory weighs as interestedly with him as any other object possibly could, and the gentleman has said his glory must shine... .he must conquer, or he is lost.... is this» then not his interest, and a most powerful interest.... A cor- roboration of the assertion in the anecdote, sir, that national honor is national interest, has been fully admitted and proved, by another gentleman from Delaware, (Mr. Wells). ...he has expressly declared that the nations of Europe are only so long bound by treaty as they find it their interest ! What then, sir, is our interest ? Is it to go to war ? To copy the old systems of Europe ; to involve ourselves in broils ; to fetter our country with debt ; to mortgage our posterity, and their funds ? Take a view of England and the consequence of ( 181 ) her continued wars ; a national debt of between five and six hun- dred miiiions, which she can never shake off but by the same means her neighbor, France, has adopted ; a total downfall to the existing government ; a revolution of principles ; and, per- haps, in the general wreck, the rise of an usurper. The time was, when he felt himself the zealous advocate of the French revolution, and the noble sentiments of that nation ; . t that day had past.. ..He much doubted the benefit France will ever receive from her revolution ; and much raoi-e, any advantage the nations of the earth will derive from it. That nation, sir, worked itself up, or was worked up, by the attempts of other nations, to divide her territory and enslave her, to such a pitch, as to overleap the iTiark, and plunged the people into a situation, much worse, in his opinion, than -under the guidance of the Bourbons. Shall we proceed in this way ; involve ourselves in debt, and make it necessary to upset our government and constitution to get rid of it ? He hoped, and trusted not. We have the happiest.. ..the best.. ..would he be permitted to say, the only constitution that secures national libeit}^, on earth 1 France has, it is true, what is called, a written constitution ; but, sir, is it binding ?.... It is changing daily.. -.and we may venture to affirm, that the will of Bona- pr.ite is the constitution of France. He did not wish to cast reflections on this or that nation. ...or this or that character.... Every nation has a right to seek its own happiness in her government, as she pleases ; but he hoped we should not copy them in their vices. He believed that no democratic repub- lic but our own, exists, or can exist ; and no other form of government than ours, can secure such a republic. We have guards and securities, which no other government possesses, or ever possessed. Our general and state governments are checks on, and balance each other, and render innovation on our constitutions and happy form of government, very difficult, and under them, durable influence, usurpation, or tyranny, arc impossible. Let us beware, then, how we take any steps which may tend to impair our constitution, and thereby de- stroy our rights. We are now the happiest people on earth, and if united, the force of Europe cannot injure us. He must be permitted here to declare, that he understood the gentleman from Delaware, (Mr. White) as his friend from Tennessee, (Mr. Anderson) did, in his argument of that morning, as asserting that in case France got New Or- leans, the southern and western people would be influenced by them. He was justified in noticing this circumstance, if ^.' ( 182 ) not by the observations of the gentleman from Delaware, by those which fell from the gentleman on his left, (Mr. Mor- ris.) He has positively asserted, that if the French gained the Floridas, the affections of the Georgians toward the United States would be weakened ; that they would be Influ- enced by French principles, and that it would be found dic- tating the speeches on this floor.. ..He spurned such an un- worthy idea from him.. ..His countrymen have too much at- tachment to this happy government they know that their independence, their rights, their properties depend on it.... depend on union with their sister states, and no consideration on earth would induce them to attach themselves to any other power... .The idea is absurd, therefore, that any gentle- man representing Georgia, will ever shew by his speechcT. on this floor, any French or other foreign Influence. His friend from Tennessee, had spoken the truth respect- ing the Avestern inhabitants. Those suspicions ought not to prevail. ...it is not politic, nor are they grounded. He could venture to go farther ; he believed that the western states, at this day, contain more of the soldiers of the revo- lution^ than ail the Atlantic states together... .they are peo- pled by them, and their descendants ; they cannot be torn from the union. ...they will not be colonized by any nation on eai\h ....they ai-e the same men, now, they were during the revo- lution ; notwithstanding, after bearing the toils of the day of trial, and losing their all, they were compelled to quit their native states, and seek new lands bevond the mountains. Sir, they are attached to your happy constitution ; they fought to obtain your Independance ; they are of the same habits, the same manners ; the)'^ have the spme love of liberty with their fellow citizens on the Atlantic states ; and never will, unless driven from you, desert you. What inducement have they to join any other nation? Will they fling themselves into the arms of France, in the state in which that nation now is, as he had before observed, with no other constitution, no other security, than the will of a Bonaparte, for their liberties. ...and leave their own happy constitutions and Independence ? No. Will they join what the gentleman I'rom Dehnvare has termed the sluggish, inani- mate Spaniard, and the slave of France, a nation, I acknow- kge, however revered in the fifteenth century, in the reign of Charles V. now govej-ncd by superstition and bigotry, with- out a solitary spark of liberty within herself, and trammelled bv another nation without? Thev will not. Will thev return ( 183 ) to Britain, wiiich, to do her juitice, is the only nation of the old world where there is a vestige of freedom, eve?i in appear- ance^ remaining ; but where, from her situation, loaded and fettered with debt, her posterity disposed of at market, and their rights and future revenues mortgaged. ...security of pro- perty or rights hang on the brink of revolution, and which must not long hence take place, as it already has in France, if the debt is not wiped off, at the risk of every thing.. ..every article, every necessary of life almost, being already taxed to carry on her government, and on trying occasions, added to this, an income tax of ten per cent, on the whole profits of their estates ? Will the people of Georgia, or the west, go to her, sir, in this predicament, and leave their own happy go- vernment, with, in comparison, little or no public debt, and that daily paying off, Vvithout those odious taxes. ...the whole being not much above seventy millions of dollars, whilst that of Britain is between five and six hundreds of millions of pounds sterling, and which at the best, their colonies must sooner or later pay part of? They will not go there, sir, they know the value of their own happy situation too well. Where then, will they go? To any of the other nations of Europe? No ; they are incapable of protecting them. Russia is the only power which could make a show of protection ; and are our western citizens prepared for the knout, or the wilds of Sibe- ria ? Sir, those fears are imaginary, they are groundless, they ought not to exist... .the idea ought not to be started, the thing ought not to be mentioned. The citizens either of Georgia or the western states, cannot be torn from the union by the exertions, the intrigues, or the force of any power in existence. But while we are told so much of Genet, and his insidi- ous practices in our southern states, at this great distance from the executive, has no other power attempted to intrigue and draw the affections of your citizens from you, but France r Yes, sir, if masters are to be accountable for their servants, Britain has. He was, himself, notwithstanding all his predi- lection for the French nation, and the French revolution.... which he now almost regi-etted, for it has injured the cause they embarked in... he said, he was hims3lf impressed with the impropriety of Mr. Genet's conduct, justified as it was by the precedent of our own ambassadors, during the revolutionary war.. ..stirring up the people of Holland, and intriguing with all the governments of Europe, to induce a confederacy against Britain. This, sir, was thought right and justifiable hi/ usy at that day ; and we have therefore no right to censure ( 184 ) the French ambassador, fbryo//i)Tw/7_5- our steps.... ViwiS. no doubt he, and his nation., deemed his proceedings as proper, as we thought ours. Yes, sir, Britain did the same. Mr. Listen M^as con- cerned with Chishohn and others, in stirring up the south and soutli western citizens in tlie same manner. He alluded to Blount's conspiracy. A British fr.gate entered the ports of Georgia ; her commander had his pocket full of commissions ....they were offered to citizens of that state, now alive to tes- tify it. The object, sir, was to make a stroke at Spain, and through her, the United States.. ..there was an intimate con- nection between that plan and the recent speculation,* which, thank God, has happily failed.. ..the territory, the object of that speculation was to have been seized at that moment, and the United States involved in war ; it was happily evaded. But how the leaders, Blount and others, escaped punishment, is best known to the Senate of the United States at that time in existence ; no doubt satisfactory reasons appeared to them, which might not be deemed so by the citizens at large, who had no opportunity of judging correctly of them. As to the persons concerned in that speculation, it is but justice to say, some republicans were among them, but the majority, and a large one, were federalists. Why then are we told so much of Genet's intrigues, and nothing of Mr. Liston's? Their plans were the same ; neither of them succeeded.... and it is not in the power of the world to corrupt the citizens of the states for whom so much apprehension is expressed. He must advance that the resolutions of the gentleman irom Pennsylvania have in them the seeds of war, which it is our interest to avoid. Justice ought to mark our steps, as well to ourselves as to foreign nations. We have, he agreed with the gentlemen on the other side, a right to call for jus- tice ; we have been injured. He insisted again, that Spain had no power to withdraw the right of deposit at New Or- leans. She was as much bound to perform her part of the compact in the treaty between us as a nation, as an individual is in private life to perform his. Nations ought to be influenced by the same moral ties. ...for although he admitted that nation- al honor in many shapes consists in national interest, he did not carry his ideas so far as the gentleman from Delaware, to fcuy, that treaties ought only to be binding so long as our in- terest led us to support them... .this would destroy all faith * The Yazoo speculation. ( 185 ) among the nations of the earth. Let us first negociatc... the people will be unanimous with us.... they will be pleased to see us try every peaceable method before a resort to arms. ...we shall be justifted to the world, and avoid the jealousies of Eu- rope. Having tried this without effect, if we shall be forced to war, whenever this shall happen, let the nation be which it may, we shall be actuated by one heart, one soul, one arm, and, he repeated it, that nation will find the American people will draw the sword and fling away the scabbard, until their rights are restored to them and redress is given for their wrongs. The gentleman near him, (Mr. Dayton) had trium- phantly claimed the merits of both the resolutions of the gen- tleman from Pennsylvania, and those of his friend from Ken- tucky, (Mr. Breckenridgk) as belonging to his side of the house, the latter having been produced, as he says, in conse- quence of the former, without which they would not have been thought of ; and he has told us that he and his friends will vote for our resolutions, if they cannot carry their own. He v,ras not anxiou?) as to which quarter of the house the merit of the resolutions shall be attached. He had no objection to the gentleman a'ld his friends taking all the merit, provided they will do as he says, vote for those produceil by his friend from Kentucky, if they lose their own. Unanimity is all we want, and unanimity, he flattered himself, nay, was certain, froni what has fallen from the gentleman, will take place on this occasion. This, sir, has been an auspicicas discussion.. ..it ought to be marked, in the annals of united America it ought to be handed down to posterity, that the Senate of the United States, with the same views, but diflfci-ent means of obtaining them, having received an injury from a neighbor- ing nation, unanimously determined to try every peaceable method to obtain satisfaction, and in case of failure of nego- ciation for redress, to be prepared to assert the rights of the nation, and to resort to the last argument of politics, the ultima ratio. Our bond of union has been stiled by the politi- cians oi Europe, a rope of sand ; let them continue to deceive themselves.. ..when such unanimity prevails, the deception is harmless. Our form of government, and individual ties, prove the deception ; and we never ought to lose sight of an old revolutionary motto, on our rattle snake money ^ " UxNITEd WE ST A NO, DIVIDED WE FALL." We ouglit not Only to be impressed with the truth of this ourselves, but we should im- print it on the minds of our ) oath, and thus hand it down to 2B ( 18S ) posterity. My life for the event, as long as this impression is made, and this unanimity as to foreign aggression, prevails, there is no nation. ...no power.. ..no k:yrant....no despot, on earth, who will dare to violate your rights with impunity. Mr. Clinton. I should not presume at this late hour to tresnass upon the exhausted patience of the Senate, were it not that a serious difference as to fact exists between the gen- tleman from Pennsylvania and m}self..,. I call it serious, be- cause it involves character.. ..and I beg that what I now say may be distinctly remembered, on some future day, when time shall enable all who hear me to determine between us. In introducing the resolutions, the gentleman expressly stated that Spain had refused to redress her spoliations on our commerce ....Astonished at the hardihood of the assertion, I took the words down as they came from his lips. I thought it my duty to contradict them in the most pointed terms. Yesterday the gentleman came forward in another shape, and said that Spain has made no provision for the injuries sustained by our mer- chants, and that there is no reason to believe that provision in any respect adequate will be made. In this change of the terms of his former allegation, my colleagTje, in a mode quite variant from his general politeness, has backed him with the autho- rity of his name. My much respected friend from Virginia, (Mr. Nicholas) has tiiis day stated the essential circum- stances of the afi'air, with perfect accuracy, and in conformity to my representation, and in opposition to the assertions and insinuations of the members from Pennsylvania and New York, I again declare that Spain Aa^ not refused to redress the spoliations coimiiitted upon our commerce... .that, for those committed by her own subjects, she is now willing to give us the most ample satisfaction : and that we have every reason to believe, that cases of a different description will receive a friendly and equitable adjustment. With regard to outrages, said to have been committed upon the persons of our citizens, I stated that no official information was laid before us ; that we could not act in the case, without having the facts which were to serve as a ground of action, authenticated; and tliat many of our citizens had justly exposed themselves to punish- ment, by pursuing an illicit trade. The gentleman has now brought forv/ard a protest, taken before the American consul at Havannah. If my memory does not deceive me, this case was a subject of considerable discussion last summer in the newspapers of Philadelphia and New York. Mr. Duplex, the captain of the vessel, sailed, I believe, from the port of ( 187 ) New York, and was charged with beuig engaged in unla^^ful commerce. Whedier diis charge is true....whe=ther this is the same case. ...and whether the outrages alledgcd, were really •committed, I cannot undertake to decide ; but I would advise the gentleman, instead of kcepii.g unis document any longer in his desk, to send it to the executive. An enquiry wiilbe •immediately instituted ; and if our citizens have been really injured, Spain will make, and must make redress. Since I am up, I will ansvk^er some of the principal argu- ?TienLs brought forward b)' the gentleman from Pennsylvania. This gentleman has certainly exhibited his cause in the strong- est and fairest light of which it is susceptible.. ..In paying him More than ordinary attention, I render him a tribute due to his ability ; but in making this assertion, I do not not mean to •depreciate the acknowkged talents of the other gentlemen who have spoken on the saine side. The gentleman has honored raje with peculiar notice, and has selected my observations as •the objects of his most formidable attacks. I feel it, there- fore, a duty due to civility, to return the compliment ; and I also esteem it a duty due to myself, to repel some observa- tions which he has endeavored to fasten upon me, and to defend those which I really brought forward, and which I still think have not been materially impaired by any tiling said in opposi- tion, during the course of this debate. The case put by the honorable gentleman, of an invading enemy, shews that he has artfully confounded two things to- gether, v/hich are radically distinct....! mean an offensive and defensive war. All the observations whicii go to prove the necessity of previous negociation, apply only to offensive war. The paramount law of self preservation, demands that we should resist and repel an invading enemy. It is not necessa- ry to pursue this remark any further. A little attention to the distinction will shew, that the honorable gentleman has not been able to weaken mj^ argument in the least. While he has 4;hus confounded distinct subjects together, he has the merit of another invention, which he has actively used to help himself and his friends out of a lab3'ririth of contradiction.... I allude to his application of a distinction between major and •minor rights. It is to be wished that he had been more ex- plicit on iliis subject ; and had defmed, with precision, what he meant by major lights. Are they rights essential to the ex- istence of a nation ? or do they extend further and include those cases which relate to its prosperity ? If to the latter, are not national honor, free commerce, and imyiolated territory. ( 188 ) essential ingredients of national prosperity ? and have, they not all been gi-ossly trampled upon under former administra- tions, without an immediate resort to force ? To prove this distinction of any importance, applied in either shape, it ought to be established, that a privation of the right of deposit, for nine months, or until the result of negociation can be known, will destroy our national existence, or essentitdly af- fect our national prosperity. I admit that a continued priva- tion may have this effect, and am therefore willing, if it can- not be restored by negociation, to re-establish it by the sword. If there are any rights which can, with propriety, be denomi- nated major, I should suppose that rights of territory, rights of embassy, and rights of commerce, will com_e under this de- scription ; and they have all been violated again and again, iri the proud times, as they are called, of Washington and Adams. The whole Atlantic, as has been justly observed by my friend from Virginia, (Gen. Mason) has been blocked up against us. To issue from one of our ports or rivers, was al- most certain capture. It was not a case affecting the Hudson, the Delaware, the Chesapeake, the Potomac, the Mississip- pi, or any one of the great outlets ; but it applies to them all, and to the ocean, with v/hich they communicated. Negocia- tion v/as then the order of the day. The gentleman from Pennsylvania differs from me re- specting the conduct of the Romans, in going to Vv^ar....I shall leave this question to be determined by those who have turned their attention to historical enquiries ; and will only add, that to their religious attention to previous negociation, has been attributed in no inconsiderable degree, the greatness at which they arrived. Every Roman who fought, knew that he was fighting for an injured country ; and he fought according- ly. I'he gentleman has not attempted to attack, directly, the forcible examples I produced from English history, but has endeavoured, indirectly, to impair their weight, by indicating cases wherein Great Bi'itainhad immediate recourse to vio- lence. The instances which he has adduced, prove '~x>nly that injustice and robbery have sometimes the sanction of governments. The case of the French vessels in 1756, which were carrying on innocent commerce under the faith of trea- ties, and under the protection of the law of nations, and which were seized without any declaration of war, was an act of highway robbery, that would have condemned a private indi- vidual to infamy or a gibbet, and that will fix a blot on the character of lord Chatham^ which no time can wash away.... ( 189 ; The French in thch* negociations for peace, made a compen- tion for those vessels for a long dme a sine qua noriy and the refusal of Great Britain certainly protracted the war. The fortune of arms finally compelled France to give way ; but this has not altered the character of the transaction.... The voice of impartial posterity will class it among the depredations of brigands and pii-ates. The gentleman has endeavored to extenuate the enormi- ties of Great Britain, by a representation of the conduct of the French minister in this country, and the general sensibili- ty excited in favor of our French revolution. With the con- duct of any foreign minister here. Great Britain had nothing to do, unless that conduct was hostile to her interests, and sanc- J:ioaed by our government. The sensibility in favor of France, at the commencement of the revolution, was not peculiar to this country.. ..it existed in every enlightened part of the world, and flourished luxuriantly in England. It is true that the events of the revolution were sanguinary and disgraceful ; but its principles being in favor of the establishment of a free govern- ment, was calculated to gain respect and approbation. With regard to the French minister, (Genet) his 9onduct was doubtless disagreeble to the President, and his recal was soli- cited. Our minister in France, (IMr. G. BIorris) was equally disagreeable to the constituted authorities of that coun- try, and his recal was also solicited. The former was charg- ed with associating with democrats and disorganisers ; the other with royalists and aristocrats ! The one was said to aim at the overthrown of citr administration ; the other was charg- ed with opposing the principles of the revolution. The one was blamed for visiting the halls of democratic societies ; the other for loitering in the regal chambers of the Thuilleries. ....The one was inculpated as the minister and agent of anarchy and conjiision... .The other as the patron and advo- cate of monarchy and privileged orders. ...3. composition was made, and it v^ras agreed that both should be withdrawn.... But w^hat effect could this possibly have on the temper or po- licy, or Interest of the British court.. ..The minister at Paris was perl\aps as beneficial to their cause, as the minister at Phi- ladelphia was injurious ; and certainly they gained nothing by the nominal recal. The tone of Great Britain to this country was lowered, not by incidents of this kind, but by the events of Europe ;.,.. by the total frustration of the projects of the crowned heads, leagued together to destroy the sovereignty of the people j and Jay's treaty, bad and disgraceful as it was, f 190 ) would never have been ngi'cpd to, or rather no treaty would have been made, with tbis country, had it not been for the about the French possessions of Louisiana, as visionary and idle. Twenty years must roll over our heads before France can establish in that countiy a population of 200,CXJ0 souls.... What in the meantime will beccme of your southern and western states ? Are they not advancing to greatness with a giant's stride ? The western waters will then contain on their borders millions of free and hardy republicans, able to crush every daring invader of their rights. A formidable navy will spring from the bosom of the Athmtic states, ready to meet the maritime force of any nation.... with such means, what will v/e have to fear from the arts or the arms of any power, however formidable ? I cannot, sir, but admire the difference between the honorable gentleman from Pennsylvania and my honorable colleague, and how much the latter out-strips the former in the magni'ude of his conceptions. The one advo- cates the resolutions to chastise an infraction of treaty.. ..the odier to maintain the balance of power.. ..The one proposes to seize Nev.' Orleans ; the other, New Orleans, the Floridas, and Louisiana.... The one wishes to obtain and fortify the right ol deposit ; the other, to acquire an immense territory.. ..The one is for vindicating the injuries of our western brethren ; the other, rising on his muse of fire., is for avenging the wrongs of all mankind ! However the honorable gentlemen may differ in other respects, they agree in professions of the warm- est support of the executive, if the executive will follow their advice and pursue their plan. The honorable mover, carried awa}' by the ardor of his feeling-s, has promised us, that he will play the orator.. ..he will go among the people and stir up mens' blood. " Then he will talk, good gods how he will talk i"...?nd after the minds of men are excited to a proper pitch by his eloquence, he will then play the soldier.. ..he will march With his countrymen to the tented field ! Like another Cincin- natus, he will relinquish the sweets of domestic life ; and like asiother Curtivis, leap into the gulph to save his country ! My honorable colleague will not, indeed, proceed so far ; but he has kindly promised us the aid of his oratory and the benefit oi his counsels, although he cannot aftbrd us the strength of his arm... .And they pledge not only their own services, but the co-operation of all their political friends in the glorious crusade ! The well disciplined and well marshalled myrmi- dons, will follow their illustrious chieTto victory or death.... All will be united in support of the administration.... the dis- agreeable collisions that we now experience will be done away ; and if we only admit their wooden horse within our walls, they ( 19-^' ) will retire from the seige, and IcAve us in quiet possession of the government ! We thank the gentlemen for their kind prof- fers. We assure them that we will vindicate the honor of our country, but we will take our own time, and do it in our own way. We cannot consent to receive the dictation of the mr- nority ; and highly as we respect the wisdom of their sages, and the prowess of their warriors, we must dispense with them, if we cannot obtain them without the sm-render of independence. It is far from my disposition, sir, to insult over fallen men. Advei-sity is with me ever sacred, and I consider a great man struggling in the storms of fate, as a sight upon which the gods may look down with admiration. i he two honorable gentlemen are soon to leave this house, and to retire into private life. One of them, my honorable colleague, has told us so more than once, or I siiould never have mentioned it. I sincerely wish them, in their retirement, all the happi- ness they can wish themselves. I hope that they will enjo}^ ctium cum dignltate ; but let me, sir, ask them, is it proper in them, at the time of their departure, to prescribe a course o-f action for those who are to follow them ? Is it generous ? Is it candid ? Is is magnanimous in them to strew thorns and briars in the paths of their successors \ To plant spring guns and man traps in their walks ? To scutde the ship they are about quit- ting ; and to leave behind a dreadful legacy of death and de- struction ? I appeal to their own feelings, and to th^ feelings of every man who hears me, for an answer. Mr. Ross thought he had given a very precise definition of major and minor rights ; he considered the depiivation o.f the ordinary means of a country's subsistence, to be the depri- vation of a major right ; it was an essential right, and the defini- tion was in point. This right has been cut off, and it was as much an aggression as if the whole means of subsistence of the union, instead of the western country, was involved. If then it was of this character, was it unreasonable ? was it un- just ? would it not rather be both just and reasonable to em- ploy force to seize upon and repossess ours<;lves of a right of v/hich we were unjustly deprived ? Ought we not to seize and to hold, until our security was established against dang*^^ of all further encroachment. The gendeman from N. Yor'^'- (Mr. Clinton) certainly misunderstood him on what relate^^ ^^^ the British treaty. He did say that when Genet was retailed, the British recalled dieir November orders, and the Pi-esident then agreed to treat. He had been misconceived also jn what regarded the troops ; !or government did certalnlv direct '^ largt ( 19S ) body of troops to fall clown t'-ie IMisslssippi ; not lieut Pope's detachment, for he was long btlbre on the Ohio ; but troops were ordered from Tennessee to move doAvnward ; and had not the treaty been in consequence executed, and the line run, they would have executed it with the sword. Mr. Morris said that it appeared to he discoverd that he had contemplated engaging the United States in the resto- ration of the balance of power in Europe. Wonderful dis- covery ! He had barely read an e:;tract from the law of nations, which states, th?.t the invasion of the rights of one nation, has a tendency to destroy the balance of power ; his desire extend- ed no farther than che undertaking oi a bold measure, which may save us from the danger of internal war, Ke had been chcirged with a want of politeness. ...he conceived that he had shevvnboth Denevoltnce and politeness. Mr. Ro':;-.. Gentlemen question v;hat I assert as to the disposition of Spain to do our citizens justice. I did before say, and I Jo now say, that no man ever did, nor do I think any man ev,.r v;ill obtain justice for the injuries done by Spain. Mr. Clinton. As to the gentleman's opinions, he may possess internal evidence, to him more convincing than even a know lege of facts to th^; contrary ; what he had first as- serted, was, that Spain had shewn a disposition to do justice, nay, that so she had promised. The gentleman wishes to im- press an cpli'.ioa on the Senate, that Spain has refused to do us justice. Now, whatever internal evidence the gentleman may rely on, and however positive he may have been, or now be, I say that Spain has not refused, The question being at length called for, on the motion of Mr. Brecktlnridge, for sti-iking out the first section of the resolutions proposed by I\Ir. Ross, the Yeas and Nays were required, and taken as follows : YEAS. IMessrs. Anderson, Messrs. Jackson, Baldwin, Logan, Breckenridge, ' S. T. Mason, Bradley, Nicholas, Clinton, Stone, Cocke, Sumpter, Eilery, Wright. T. Fester, ■ 15. Messrs. Dayton, Hilihouse, Howard, J. Mason, Morris, Olcott. ( 19^ ) NAYS. Messrs. Plumer, Ross, Tracey, Wells; White. ■11. On the question for striking out the remaining parts of the resolutions, the question v/as also taken, and carried by the same vctes on each side. The question being then cailo-1 for on the adoption of the amendme::* > proposed by TVir. Breckenridge, the yeas and nays were called for, and the votes Avere as follows : YEAS. Messrs. Anderson, Bakhvin, Breckenridge, Bradlej', Clinton, Cocke, Davton, Ellery, T. Foster, Hilihouse, Howard, Jackson, Logan, Messrs. J. Mason, S. T. Mason, JNIorris, Nicholas, Olcott, Piumer, Ross, Stone. Sumpter, Tracy, Wells, White, Wright.. ..26. NAYS....NONE. After the question v/as taken, Mr. HiLLKOUsE said he v/as opposed to the resolutions on a ground that he thought proper now to mention ; the call- ing out of the m'ditia of the eastern stages, would be a very serious injury to them ; he v/ished, as they v/ere always well ofBcered and disciplined, that they shou u not be called out ; they were too distant. He hoped tliat in reporting the hill, some amendment v/ould be ir. yJe, so as to limit the portion of militia to be called out ; he did not care v/hether the line was the Potomac or the North river. ( I9S } Mr. WniGHT. The gentleman from Connecticut was very liberal, so were all the gentlemen, of professions and zeal for the western people. We now see how far it extends ....it extends exactly to professions, and no more ; for the gentleman tells you, he does not care whether the Potomac or the North river is to be the boundary, which means, in other words, do not call upon us people of Connecticut for any thing but our professions, you shall have them in abund- ance, and our prayers too ; but as to our militia, they are so well officered and disciplined, that it would be cruel to call upon them to march south of the North river, or at farthest, the Potomac. The resolutions were referred to Mr. Breckenridge, Gen. Jackson, and Gen. Sumpter, to bring in a bill or bills accordingly. The house then adjourned. FINIS. ^^^ » ^3K55 ^3 Z3i >:> 3> r>3 Z»5 ^i> _J» 3> ^:> "Z> » "r> D':> i> >3> 3r> ' ;r> -^7* T> ^ > "3 ^ s^ 5^ 3*> .^5) 3>:> > j> ic» ^ 32) ism> 3 a :> :;3'2> ': :> 3j> :: > 3D :^m> .:>3 oz>- ^ ^-^* » >: :55>-r>»» 33 2>. ? ^ -;ao z>. ^^^ e;z> 3» >^»>'5:> zs*»> l'i3E' ^'?^ 33P ::2> 55::3> a^i? .:>-^:3!>v':::» j>"- > ^ >>.3> ^ ■»3> ; 5&i3>^ LIBRARY OF CONGRESS 014 542 138 A