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Execution of British Treaty.

[APRIL, 1796.

vantages, surely, when our merchants can enter into that trade upon a certain and perfectly fair footing, there is little doubt that they can carry it on sucessfully.

but if neutral bottoms were to make free goods, it would be in their power to defeat most of our operations in this way, by employing neutral bottoms to carry goods to such places as were most exposed to our privateers; and where a small He next proceeded to remark on article 10th, number of vessels were necessary, and sending which respects sequestration. He would, he said, their other merchantmen under convoys, which lay out of the question everything that related to they would be able to afford to the more important the morality of the measure. Many things which branches of their trade. We are differently cir- relate to war might not, perhaps, be perfectly recumstanced from the European nations, most of concilable to the strict principles of morality; whom have fleets sufficient to demolish almost he should take it up in a political point of view any convoy, and privateering would not so much only, and could not conceive of any possible state be an object; they could get supplies under the of things which could make it either politic, or convoy of their own ships, but we have nothing for the interest of the United States, to resort to that could meet a single ship of-the-line, or to con- such a measure. We are a young, growing counvoy any trade or supplies, and must depend whol- try, and an immense field is, and for many years ly on privateering. The more diffusely their pro- to come will be, opening for the improvement of perty was spread on the ocean, therefore, and the capital, which can only be supplied by the substimore ways in which we could come at it the bet-tution of credit. If we were once to resort to such ter. The only advantage we can derive from such a measure, it would make all foreigners afraid to an article could be, that, in time of war, we might trust their money in our hands. Admitting that become the carriers of other nations; but, when we might lay our hands upon fifteen or twenty we consider the distance those nations are from millions of dollars, and supposing (a supposition us, the immense quantity and bulk of the produce hardly possible for satisfaction for private debts, of our own country, which require transportation, when national differences are settled, is generally it cannot be a matter of vast moment. No doubt, insisted on) that no restitution was in fact to be we can find sufficient employment for our naviga- required upon the final adjustment for what was tion. The peculiar circumstances of the West actually recovered or lost in consequence of such Indies has, perhaps, made that a more important an act, the loss of credit, and consequent injuries object in the present war, than it ever would be that would arise, would eventually subject us to again. Another circumstance which greatly less- losses to ten times the amount, and we should liteened the importance of such an article, was the rally fulfil the old proverb of a "penny wise and small probability of its being strictly observed. a pound foolish." The consequences of such a We have such an article in our Treaty with measure would be ruinous to our most enterprisFrance, but it has not been much regarded by ing, promising young men, the rising hopes of our that nation, nor will any nation at war be very country, most of whom begin the world with litscrupulous in such a case. tle more than abilities to do business, and a fair character, credit is ready money to them, it is their stock in trade, and puts them upon an equal footing with the great capitalist. For the truth of this remark, he requested every one to take a view of the men of business and property, advanced to or beyond middle age, and see if a great proportion of them are not of that description. This measure once adopted, would throw the business almost entirely into the hands of moneyed men, who could pay down. Credit, it is true, is of no use-nay, it is an injury, to a spendthrift, because he would abuse it, so he would money or other property; but to a prudent or wise man, credit is of vast importance. He could not, he said, see the force of the objection against this article, because it thwarts a resolution that had been laid on the table by an individual member. No vote of the House sanctioning that resolution was ever passed, and how it could be considered as the act or the opinion of the House, he could not see. He did not doubt the gentleman who brought it forward was actuated by the purest motives, but it never even had the consideration of the House, and cannot, therefore, be considered as containing the final opinion of the House, or any member in it.

It had been his intention, Mr. H. said, to have taken a view of the commercial advantages which the United States might expect to derive from this Treaty, which opens to us the fur trade, and the trade into Canada and the East Indies; which, in his opinion, were of vast importance to the United States, but those advantages having been so ably pointed out by the gentleman from Massachusetts [Mr. GOODHUE] who, on the subject of commerce, subjoins practical knowledge with theory, who represents the most commercial part of the United States, there being more than one-third part of all the tonnage in the United States owned in the State which he represents, he should only declare that he fully subscribed to what that gentleman had said on that subject, and he doubted not it would have weight with the Committee, as many of them must have found that the information which that gentleman had, ever since the establishment of this Governirent, been in the habit of giving, on all commercial subjects, was candid and correct. He would, however, make one remark, arising from particular information on the subject of the fur trade, which was, that a considerable proportion of the furs which had supplied the Eastern market, had been obtained for many years past by a contraband trade, in which it was calculated to lose nearly one-fifth part. If the trade could be carried on under these disad

He intended to have made some remarks in reply to the bugbears which have been raised up relative to old debts, but the gentleman from Mas

APRIL, 1796.]

Execution of British Treaty.

[H. or R.

sachusetts had so fully answered that also, that he in the face? Will they not be driven to a state of should add very little. No debt of that descrip- desperation? A situation like this would make tion, of any consequence, could be found North a wise man mad. Can it reasonably be expected, of the Potomac; the courts of law have always that persons in this situation will sit down quietly been open, and he could not entertain so disagree- under their losses, or that their fellow-citizens will able an opinion of the people further South as to quietly see them sacrificed, not to an important suppose that in 1775 they had anticipated more principle, but to a mere question of expediency? than one, or, at most, two years crops; if not, de- for the gentlemen admit, the vote of the House duct the four classes mentioned by Mr. JEFFER- recognises the Treaty as far as it has proceeded SON, and part of the other class also, which will to be Constitutional, and that it may constitutionnot come under this Treaty, viz: such as have ally be carried into effect. He was confident, he been lost by the negligence of the creditors, and said, it would not be the case, and that no event not by any legal impediments, and the sum cannot which had ever taken place in America, would be large; but if the sum is large, so much the cause a more lively sensibility, or involve more greater the evil, and so much the greater the ne- serious consequences than a rejection of this Treacessity of getting rid of it; for it will be like an ty. As to compensating the spoliations out of the Achan in our camp, and will continually disturb, Treasury, the sufferers, after what has passed, can if not endanger our peace and tranquility. If we entertain little hope of that, and when they find really mean to live together in harmony, let us themselves abandoned by the Government, is there settle this old score, and no longer have it as a not danger of their resorting to first principles, of subject of recrimination between the different self-preservation and retaliation? He was surparts of the Union-that part of the Union we prised that gentlemen should not be of that opinshould suppose to have the greatest cause of dis-ion, who had heretofore, on that floor, painted in satisfaction makes no complaint.

If this Treaty is rejected, what is to become of the Western posts? We cannot expect them to be delivered up; the period appointed for that purpose is just at hand-a period to which the people of the United States have looked forward with much solicitude. It had been represented, ever since he had been in Congress, by the gentlemen who now oppose the Treaty, and seem to feel such a strange apathy on the subject, as a most important object; that to obtain the Western posts almost any sacrifice ought to be made; that without them we could not expect permanent peace with the Indians, or security to our frontier inhabitants, or the benefits of the Indian trade. And now that they are almost within our grasp, if we let them go, will not the people of the United States call us to a very severe account?

Before this step is taken, which seems to be contemplated by many, we ought to look to what may be its probable consequences. He did not himself believe that a rejection of the Treaty would bring on an immediate declaration of war, but he did believe it would lead to measures which must inevitably end in war. What he was about to say, were not mere words of a heated imagination; they were words of truth and soberness, and what, in his conscience, he believed would take place. It is a fact well known that the spoliations, especially at the Eastward, have fallen principally upon underwriters and some of our most respectable merchants, who, by a long course of honest industry, had acquired a handsome property. Many of these have claims for spoliation and property now at risk, to the amount of their whole fortunes. The only chance they have of a recovery or security for their property does, in their opinion, depend on the execution of this Treaty. What will be the situation of these people, if they are disappointed in this their only hope, and they are brought to realize the idea of seeing their families reduced to beggary, and poverty staring them

such strong language the impossibility of restrain-
ing the frontier inhabitants, who may have been
robbed of a horse or other property, from pursu-
ing and obtaining satisfaction, even at the risk of
the peace of the Union, and that, too, before they
had been refused or had even applied to the con-
stituted authorities for redress. It has been ima-
gined by some, that the moderation and temper
with which the sufferers have borne their losses,
proceeded from their attachment to some foreign
nations; but this is a very erroneous, unfounded
opinion. This moderation has proceeded entirely
from a love to their own country, a regard to its
peace and happiness, and a full confidence in, and
reliance upon the constituted authorities, that they
would pursue reasonable and proper measures for
obtaining redress, and for more than two years
have been looking up to the completion of this
Treaty, as the only source from which they could
expect indemnification. This appears from their
petitions on the table, forwarded in a most deli-
berate marner, at the commencement of the ses-
sign. He wished gentlemen would seriously re-
flect, what would be the situation of people de-
spoiled of their property by foreign nations, and
abandoned by their own Government. He had
no doubt on his mind, but that they would seek
redress from those from whom they had suffered,
and on whom will this retaliation fall? Not on
one nation only. We have suffered more or less
from all the belligerent Powers, but principally
from two nations-England an France. British
cruisers have made a most wanton and unpro-
voked attack upon our commerce. It must be ad-
mitted, also, that our citizens have suffered great
losses by the French. Many sufferers can produce
a list of both British and French spoliations. In
support of what he had here asserted, he should
refer to Mr. Randolph's official report, made when
Secretary of State, on the 21 of March, 1794. in
which he has given a most distressing and dark
catalogue of the British spoliations and injuries,
but he says, also, relative to the French:

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Execution of British Treaty.

"That their privateers harassed our trade no less than those of the British; that two of their ships of war had committed enormities on our vessels. That their Courts of Admiralty are guilty of equal oppression. That, besides these points of accusation, which are common to the French and British, the former have infringed the Treaty between the United States and them, by subjecting to seizure and condemnation our vessels trading with their enemies in merchandise, which their Treaty declares not to be contraband, and under circumstances not forbidden by the Law of Nations; that a very detrimental embargo had been laid upon large numbers of American vessels in the French ports. And that a contract with the French Government for coin, had been discharged in depreciated assignats."

[APRIL, 1796.

antipathy, and to humble and distress a proud and haughty neighbor, with whom, for many centuries past, they have for a considerable part of the time been at war; they were, therefore, under as great obligations of gratitude to us, as we to them; for they never carried on a war more to their advantage with Great Britain, or made a more honorable peace, than that of 1783. Suppose that, instead of sending troops to our aid, France had hired them to Great Britain, as some European princes in fact did, to come over to cut our throats, would the Republic be willing, would she think it just, that she should be charged with the odium? If she makes the claim in one case, she must submit to the charge in the other. Where mutual both sides, he had never supposed there was any engagements had been honestly discharged on obligation of gratitude left.

This, Mr. H. said, was an occasion of such magnitude, that he felt himself obliged to speak out his sentiments with candor and firmness, in relation to all nations, as some gentlemen had un- from Virginia [Mr. GILES] declare in that House, He was greatly mortified to hear a gentleman dertaken to draw a comparison between different that France had given us our independence; that nations. We are Americans, and a neutral nation, we were indebted to her for our being admitted and ought, therefore, to take American and neuto deliberate as the Representatives of a free peotral ground. The zeal, and he called it a laudable ple. He should take the liberty to deny the aszeal, which the American people feel for the cause sertion; we should have been no less free and inof liberty, had induced them to view with a par-dependent if no nation afforded us their patronage. tial eye the injuries we had received from France, France never openly declared in cur favor till considering her as having commenced her revo- after the capture of Burgoyne, and we had manilution in the cause of liberty, and to exaggerate fested to all the world that we should maintain those we had received from Britain. Some in- our independence. He did not believe, he said, stances had fallen within his knowledge, in which that the independence and freedom of America the loudest clamor had been made about spolia- depended on the good or ill will of any nation on tions, where the captures were perfectly justifia- earth; he believed it depended solely on the will ble, and in perfect conformity to the Law of Na- of the people of the United States. The same tions. He hoped, he said, he should not be con- gentleman had said, this Treaty would give umsidered as unfriendly to France; it was far other- brage to France. He asked, why? Is there any wise; he was her sincere friend, and wished well stipulation in it contrary to the Treaty with to that nation, and sincerely hoped that they would France? It is not pretended. If there was, it finally settle down in a free and harpy Government. could not be operative; but, out of an abundant But what would be the end of their present con- caution, there is an express stipulation that it flict was beyond the power of human calculation shall have no such operation. But, says the gento say. He did, however, he said, love his own tleman, it gives Great Britain the advantage in country best, and as our liberty, peace, and hap- our ports, which she did not before enjoy. Are piness, was moored in a safe haven, he was not we, then, reduced to that humble situation that willing to embark them on board a ship still at sea, and no mortal could tell what storms or tem- for the purpose of obtaining advantage to ourwe may not grant indulgence to a foreign nation, pests might await her. He had no idea of em-selves, because such nation is at war with France, barking the Government and liberties of the peo- without asking the consent of France? This ple of the United States with those of France or would be colonizing of us in good earnest. Why any other nation. He wished them a safe pas- so scrupulous on this head? Has France been sage, but he did not think it for the interest of the so in regard to our Treaty with them? Mr. RanUnited States to become underwriters. He did dolph states, that they have made very free with not think there was any obligation of gratitude it indeed. Have they consulted us relative to the on the United States that required it; he did not Treaties they have made with several of the Kings think the French Republic had any claim of of Europe? Could they expect that we should gratitude on the United States for the aid which consult them? Where does the gentleman get was afforded in our Revolution, the nation, as his information, that France will take umbrage? such, had no hand or volition in that business; Have they remonstrated? He had heard of no the Convention, and much to their honor be it such thing. He had heard, indeed, that some spoken, have very candidly acknowledged it, and Americans in France, lighted, no doubt, with the disavowed all claims on that ground. Our assist-flame which had been kindled in this country, had ance was, in that case, derived from another quarter. Those who afforded it are now no more. And it was afforded, not out of friendship to us, or a regard to the cause of liberty, or to advance our prosperity, but to gratify national pride and

attempted to stir up some uneasiness in that, but the Frenchmen were perfectly easy and unconcerned on that head. They are too magnanimous a nation to take offence at our securing advantages to ourselves, by granting to other na

tions nothing but what we were free by our Treaties and the Law of Nations to grant; neither is such conduct improper, unless we mean to become parties in the war, which the sober, thinking part of that nation do not wish. And to us, it would be inevitable ruin. He was, he said, for a faithful observance of our Treaty with France, and for affording them all the aid we could, consistently with a fair and impartial observance of our neutrality; and, in that way, we should do them more good than by becoming parties in the war, and ourselves no injury.

[H. OF R.

Such an alliance, provided we had no sufficient force to cope with the Indian tribes, might be important; but the evils of Indian wars do not arise so much from the force the Indians are able to bring against us, or our inability to resist it, as from the distress they bring upon our frontier inhabitants, and the expense thereby occasioned, neither of which evils will be much, if any, lessened by this article in the Treaty, whereas the chance of Indian wars will be nearly doubled. That part of the 16th article of the Spanish Treaty which authorizes the cargoes of trading vessels to be taken Mr. HILLHOUSE requested gentlemen to pause out at sea, by a ship-of-war or squadron which may a moment, and reflect what will be our situation be in want from a storm, or other accident, giving if this Treaty is rejected. The peace of 1783 is a receipt only, which is afterwards to entitle the agreed on both sides to have been infracted, since party to payment, is more objectionable than any that Great Britain has committed depredations on article in the British Treaty. In this way, a vesour commerce to an immense amount. Is it sup- sel may be disappointed of her return cargo, havposed that all this matter can go off withont any ing nothing to purchase with, and be obliged to noise or combustion? As to treating again, no seek payment in the Spanish Court. This is subone can suppose that we could do it to any ad- jecting trade to an embarrassment to which it is vantage, after such rejection. What may Great not liable by the Law of Nations, and it is surBritain expect, if we will not settle our differ-prising that this article in the Spanish Treaty ences by negotiation? Will she not expect that should have passed unnoticed, and so much stress we shall resort to more violent measures-such should have been laid on the provision article in as reprisal, sequestration, or stopping of inter- the British Treaty, which lessens and restrains the course? And to guard herself against such mea- embarrassment to which trade, by the Law of sures, may we not expect she will lay her hand Nations, would be liable. By the Spanish Treaupon all our property on the ocean? He said he ty, we are not admitted to any trade with their looked upon such events as the natural conse- islands or colonies, not even where they border quences of our rejecting the Treaty. What may upon us. Many other articles of that Treaty are we expect will be the conduct of our own citi- liable to the same objections that have been made zens? Will they tamely submit to be robbed of to the British Treaty; but he should take up no their property, when they lose all hope of aid or further time in remarking upon them, but as the protection from the Government? They will not; gentlemen from one part of the Union had cheerthey will defend it even to the shedding of blood; fully given up their objections to the Spanish and not only so, but they will also take every op- Treaty, because it accommodates their Western portunity they have to make reprisal for the pro- brethren, he hoped, and had almost said, dependperty they have already lost upon those who did ed upon it, that they would give up their objecthem the injury, whether they belong to one na-tions (which they admitted to be grounded meretion or another. What, he asked, could be the end of all these things but war?

It is an easy matter, he said, to start objections to any Treaty. The very nature of Treaties is such, that we must expect stipulation on both sides; and if one side only is viewed many objections will appear. There is not one Treaty in our code which may not be objected to in this way, that lately negotiated with Spain not excepted. He gave, he said, that Treaty his most cordial approbation, because it secured to our Western brethren the free navigation of the Mississippi, gave them a market for their produce, and would greatly raise the value of their lands. But the fifth article of that Treaty is vastly objectionable, for we are bound, at all events, to restrain our Indians from making war on the Spaniards. We know, from said experience, how difficult it is to restrain our frontier people, living within the reach, and under the control, of our laws, from coinmitting acts of aggression upon the Indians, which readily kindle up an Indian war. Is it not, then, a serious business to take upon ourselves the risk of an Indian war, from the indiscretion of the Spaniards, who are not under our authority or control, or within the reach of our laws?

ly on expedients) to the British Treaty, which, to another part of the Union is of immense and incalculable importance. He hoped that, on this occasion, it would be remembered that we were Americans; he hoped all would harmonize, and unite as a band of brothers. This, said Mr. H., and this only, was wanting to make America the paradise of the world; this would carry our present unexampled prosperity to a pitch of glory and happiness hitherto unknown on this globe.

At this point the Committee rose, and had leave to sit again.

The House then resolved itself into a Committee of the Whole, first, on the bill for carrying into effect the Treaty with Spain, and afterwards on that for carrying into effect the Treaty with the Indian tribes Northwest of the river Ohio, which, having gone through, the House took them into consideration, and ordered them, to be engrossed and read a third time to-morrow.

WEDNESDAY, April 20.

The bills for making appropriations for defraying the expenses which may arise in carrying into

A message from the Senate informed the House that the Senate have passed the bill, entitled "Anjoyment of this natural advantage? They must act for the relief and protection of American seamen," with several amendments, to which they desire the concurrence of this House.