that there were cases in which he should think it his duty to vote against a Treaty; and this, the gentleman who made the observation on him must have known.

But, suppose the gentleman from Connecticut had declared the contrary, were there no cases in which a member declared one thing, and afterwards voted directly the contrary? Surely the gentleman from Pennsylvania [Mr. GALLATIN] would not say there were no such cases. Did not that gentleman declare, in the debate on a late important question, that where papers respecting a negotiation were demanded, for the purpose of instituting an inquiry into the conduct of the negotiators, that purpose ought to be distinctly stated in the preamble of the resolution; and yet. his name appears ainong the yeas on a resolution which expressly says that no such statement is necessary. [Here Mr. PAGE called Mr. HARPER to order, but the Chairman declared that he was in order, and Mr. GALLATIN begged that he might go on.] After this example, Mr. H. said, surely the honorable member from Pennsylvania wil! not say that a member ought never to vote contrary to his previous declarations.

[H. OF R.

sibly consider, separately, subjects which appeared to be so closely connected? Was it not evident that an accommodation with Great Britain was the foundation-the corner-stone-of our arrangements with all the other Powers on which the prosperity of our country--the security and extension of our commerce--so greatly depended? [Mr. CRABB Spoke to order, but the Chairman informed him that Mr. HARPER was in order. Will it not then, continued Mr. H., result clearly that, in considering the accommodation with Great Britain, and how far the terms of it ought to meet our approbation, the advantages which it gave us in settling our other differences ought to be taken into view? And, for this purpose, will it not be necessary to consider all the Treaties, and inquire into their mutual relations and connexion? Might it not appear that, even if the terms of that Treaty were less advantageous in themselves, it was proper to accept them, on account of the embarrassing circumstances under which it was made, and the additional weight which it enabled us to give to other negotiations? Could there be any doubt that this Treaty with Great Britain had facilitated our arrangements with the other Powers? Had our dispute with her continued, who could say that we should not still have been engaged in the Indian war-that we should have had a peace with the Algerines, or been able to bring Spain to terms so advantageous? Had we failed to settle our differences with Spain, or especially with Algiers, by Treaty, we might, and probably should have This country, Mr. H. observed, previous to the been obliged, to resort to force; and, in that case, late negotiation with foreign Powers, found itself how would all our operations have been embarengaged in a disagreeable dispute with Great Bri- rassed! how would all our efforts have been tain, partly arising from the late war, and partly divided and weakened by a dispute with a formifrom subsequent infractions of the Law of Nations. dable and hostile nation in another quarter, which It found itself involved in a war with the Indian possessed the means of raising up so many enetribes, occasioned in some degree as was sus-mies against us, and might so easily bring a great pected, and he believed justly, by the possessors of the Western posts, and the manœuvres of the foreign Power by which they were held. It found itself in a dispute with Spain on points of very great national magnitude. It found itself in a contest with Algiers, extremely dangerous to our commerce and to the safety of our citizens-many of whom had been reduced to slavery by that Power.

According to this view of the subject, the four Treaties ought to be considered in one resolution, and to be discussed together, because they formed parts of a great system of foreign relations which were closely connected. and could not be properly understood unless considered in one general and connected view.

force to act against the weakest part of our country! But, by removing this power out of the way, we were left free to act with undivided force in other directions. Was it not, then, an object of great importance to terminate our dispute with this Power, admitting that some sacrifices of immediate interest were made in the negotiation?

What individual, he asked, engaged with four antagonists, would not wish, by any means in his Thus stood our foreign relations. The Power power, to get the most mischievous and formidawith whom we had the most complex and embar-ble of the four off his hands, in order to cope the rassing dispute to settle, was a Power possessing more effectually with the rest? If this idea was great influence over all the others. She had great just, the stipulations of all the Treaties ought to influence with the Indian tribes by means of her be viewed together, and the advantages of some extensive intercourse with them, and the posses- ought to be balanced against any disadvantages sion of important posts in their vicinity. She had which might appear in another. In order to do great power over Algiers-so much as to have this the whole subject ought to be discussed in directed the terms of the late truce between that one resolution, though they might be separated, State and Portugal. This influence over Algiers and no doubt would be, upon the call of any memwas so great as, in a considerable degree, to direct ber, on taking the question. It was on this actheir conduct, and had always been regarded as count he had brought forward the joint resolution one primary cause of depredation committed by at first. If these reasonings had not the same them upon our ships. She also had great influ-weight with the Committee which they had with ence over the Councils of Spain, from that union, in the present war against France, agreed on to prevent the establishment of a Republican Government in that country. How then could they pos

him, they would, no doubt, amend the resolution in the manner now proposed; but he should vote for taking up the whole subject together, because he thought it ought to be jointly considered, and

H. OF R.]

Execution of Treaties.

[APRIL, 1796.

should therefore be against the present amend-dergo much discussion, before they entered upon the British Treaty.

ment.

Mr. Buck said, the proposed amendment was He could have wished that they might have to separate the Treaties, and to take up one at a gone into the consideration of that Treaty early time. The question was, which ought to have in the session. Mr. B. said he was satisfied in his the prefere ce? He thought the British Treaty own mind that that Treaty ought to be carried ought to have the preference. The reasons to into effect; but, though he had this bias on his support this opinion were founded upon the short- mind at present, if gentlemen could show it to be ness of time there was betwixt the present period so replete with mischief as it had been representand the first of June. It was stated that this was ed, he would join them in voting against it, not the only Treaty about which there was likely to because he believed the House had a Constitube any dispute. This was the only reason for de- tional right to judge of the expediency or merits ferring it, as he believed the reasons offered by the of a Treaty, but he should vote against it upon gentleman from Pennsylvania for taking up the revolutionary principles; for there was a possible Spanish Treaty would not influence the Commit- point to which the constituted authorities might tee at large. If the British Treaty was likely to go that would make opposition a virtue. It was consume a good deal of time in the discussion, it possible that the Legislature might pass a law was the more necessary it should be immediately which could not be said to be unconstitutional, entered upon, because it would be necessary, be- and yet be so wickedly oppressive, as that the peofore the posts were given up, to make some pre-ple might be justified in opposing it, and in previous arrangements with the Governor of Canada, with respect to the posts.

venting its execution; so it might be in respect to a Treaty; and, said Mr. B., if the British Treaty be convinced of it, I shall certainly vote against is half as bad as has been represented, and I can all other business was gone through that they its execution; but, if they were to put it off until were agreed in, they should never get to that question. As he perceived, however, that they preliminary points about modes and forms, he were going into a lengthy discussion upon mere could wish the British Treaty might be struck out of the resolution, and that they might pass upon the others, which he believed they were all taken up by itself; he therefore made a motion to ready to do, and then the British Treaty might be that effect.

What was now, he said, the situation of the Treaty? After having spent four or five weeks in settling the rights of that House with respect to Treaties; after a long and solemn debate, they had agreed upon a resolution, that they had a Constitutional right to judge upon the merits of Tieaties before they carried them into effect, and that they had a Constitutional right to the papers of a negotiation, which resolutions they had caused to be inserted upon their Journals. This was all they had done, after a sitting of three months, with respect to the British Treaty; he presumed that House would be consistent in their measures, and if they were, he presumed further measures would be taken to obtain those papers, and it was Mr. SEDGWICK said that, when he made the time to know what those measures would be. It motion, yesterday, he had no intention to embarwas time that the PRESIDENT knew if the appli- was perfectly in order, was made relative to subrass the Committee. That, although his motion cation was to be renewed, that he might be considering the matter. Mr. B. said, had he been jects immediately before the Committee, and was with the majority, had he believed the House capable of any amendment or alteration which possessed a Constitutional right to the papers, he their pleasure should direct; yet, while he was should, long before this, have brought forward a laying that motion on the table, and before he motion for the appointment of a committee to was able to resume his seat, he was attacked by a wait on the PRESIDENT with the resolutions exsuccession of observations, made by different genpressive of the Constitutional rights of the House, he never before had witnessed in that House, nor tlemen, and with an indecency and warmth that and to renew the application for the papers; and if the PRESIDENT still refused, if the House acted in any other popular assembly of which he had consistent they would then adopt effectual mea- tive body, had he ever heard of such irregularities. been a member; nor, except in one Representasures to obtain them. He presumed some measure The object of the motion was to unite all the of this kind was to be brought forward, and if so, Treaties, and to provide for their execution ache wished it to be immediately done, for it was high time that all preliminary steps were settled. cording to their respective stipulations. Believing, as he did, that good faith equally required a For, if this was not now done, when should provision for all, and determined, as he was to they get through the business? Not this session. give his aid for their provision, he knew no reaYet it is urged, that, because this Treaty will take son why this should be done separately. Believ up time in discussion, the Spanish Treaty, to which ing as he did, he would not consent to a separathere will be no objection, ought to be taken up. tion, nor, if such separation should take place, He believed there would be no objection to it. He could he consent to the precedence of that Treaty, presumed every gentleman was ready to pass upon which should accommodate the smallest number it. But this was not sufficient reason for them to of inhabitants, to that which was most interesting proceed to it, in preference, because, if that argu- to the great body of our fellow-citizens. If the ment was good, they ought to go through all the majority thought differently from him, there was business before them, which was not likely to un-nothing in the motion, he had the honor to sub

mit, which could compel them to act contrary to their own opinion.

[H. of R.

were more and greater, and more within the reach of the great body of the people, than ever had been the case in any age or country. To perpetuate and improve such a scene of human happiness, much of the passion and of prejudice which might threaten its existence, should be subdued. He hoped we should not, at this early stage, blast those fair prospects, which were unfolding to cheer the hearts of the friends of mankind, and the lovers of rational freedom.

He did believe that no time was unnecessarily to be consumed in bringing this subject to an ultimate conclusion. But, if he concurred in opinion with those who held that the House was perfectly at liberty to make or to withhold provision, he would tell gentlemen that the Spanish Treaty contained more than merely opening the Missis sippi-it contained an alliance offensive or defensive. He did not, however, believe that there ex- To deny a provision, as he feared was in the isted with any gentleman an intention to obstruct contemplation of some, he hoped not a majority a provision for any of the Treaties except the of this House, was to set the branches of GovernBritish. He wished the same good disposition rement at war with each other, and in such a state specting that, for he, in fact, thought it more in- as to prevent the benefits which would result teresting to the United States than all the rest. from its harmonious administration, benefits which It had been his earnest wish that the important were of too great importance lightly to be destroysubject of the British Treaty now before the Com-ed. This Government had done more to advance mittee, might have received a full discussion, by the Representatives of the people; because he believed such discussion would have afforded the most complete demonstration to the people of America, and, he flattered himself, to a majority of those Representatives, that the objection to it was ill founded. That in it Great Britain had made concessions to this country, which she never had to any other. That those concessions were of great value, and that none of our grants were made, but for valuable considerations. That, if a discussion should fail to produce a conviction of these truths, he had a confident reliance, and he hoped the result of our reflections would show that it was not ill founded, that a spirit of accommodation and mutual concession would produce a consent to make the experiment which the Treaty proposed. An experiment of two years, which could not, even in the view of the warmest enthusiasm, be attended with any considerable sacrifices. But this wish must be abandoned. If indeed, it was true, as had been holden, that the House must co-operate in the Treaty before it had validity, then, until such co-operation, it was not binding on this country, and if not on this, then not on the other contracting party. The first act to be done under the Treaty, was the delivery of the posts. Previous to that act, preliminary arrangements must be made, and the time necessary for that purpose must not be consumed in a war of words. He was, therefore, compelled, as he viewed the subject, to abandon the earnest desire he had fully to discuss the merits and demerits of the Treaty, but, under this misfortune, he had consolation in the reflection, that the whole subject was before an intelligent public, and there. under the circumstances, he was willing to leave it.

It might be proper, at this awful crisis of the affairs of our country, the most interesting to a benevolent and patriotic mind that possibly could be presented, to hint, and he would do it very concisely, at those circumstances which ought to produce union and concord.

Remove those causes which threaten our peace from without, harmonize the several branches of our Government, dispel discord from the public councils, and repose confidence where it was due, and the materials of enjoyment in this country

human happiness than any which ever existed. At its commencement we had fully experienced the eff cts of a Government of persuasion only. The reputation we had acquired by our glorious and successful struggle for freedom was annihilated. Confidence in individuals was destroyed, because the aid of Government was not afforded to the support of private credit. States were become the rivals of each other, and Legislative hostility was not only declared but prosecuted, between them, with rigor. The people burdened with taxes, and universally complaining of their weight; yet, the interest of the Debt which was accumulated and unpaid, amounted nearly to onehalf of the principal. Behold, now, said he, the glorious reverse. Credit, public and private, was restored; manufactures instituted and extended; our navigation immensely increased; our weight in the great political scale felt and acknowledged; foreign trade doubled, while domestic commerce was quadrupled. At the time that the protection of the frontiers alone, had cost more annually than the contributions to the Treasury under the Old Government, the finances had been so arranged, that the accumulation of debt had been stopped, and a foundation laid, he trusted, for its final discharge; while so judicious or fortunate had been the imposition of burdens, that there existed no just cause for clamor or complaint. But what was infinitely more soothing to the honest and honorable pride of a real American was, the re-acquisition of character; the American name was again held in respect, and as well the administration as the form of our Government were quoted by men of enlarged and enlightened minds as examples for imitation. Our citizens were happy, contented, and prosperous, and advancing, with unexampled progress in everything which rendered them respectable. The beneficent progress of such a Government, surely, ought not, for light or trivial causes, to be disturbed.

To lay a secure foundation, to perpetuate this happy scene, it had been necessary to adjust all those causes of contention which threatened our tranquility from abroad. This was done by the several Treaties which the watchful guardianship of the PRESIDENT, during the last year, had brought to a happy conclusion. That with the Indians

He would not allow himself for a moment to hesitate; he never could believe that it was true as rumor had reported, and as seemed to have been declared by a gentleman in that Committee, he never would believe that a majority of the Representatives would assume the mighty weight of responsibility which such conduct would impose. The discussion on the Spanish Treaty would They would not give countenance to the malign be short, for it was a counterpart of the British, predictions of the enemies of Republican Govern- and contained no conditions but such as were both ment, that we should add to the number of sad ex-liberal and highly advantageous to all parts of the amples to prove that no people have the temper, United States. It was true that the part of the the moderation, and the virtue, necessary to self-country he represented was more immediately Government. Taat the strong passions of man can only be controlled by artificial arrangements. independent of the mass of the people. But, on the other hand, he would confidently hope that

APRIL. 1796.]

Execution of Treaties.

[H. or R.

and prosperity of the nation, would be equally out of order. He trusted all the Treaties would be separately considered. For this purpose, he hoped the question on striking out would be immediately taken, that they might go to business.

Three several motions were put and carried for striking out-" with the Dey and Regency of Algiers," "with the King of Great Britain," and with certain Indian tribes."

yet the consideration of the Spanish Treaty being consonant with the opinion of all, would, he hoped, influence them to take it up first, as it would be attended with no debate, and no time could be lost by doing it. But there were additional reasons which weighed with him. It had been declared, that if the British Treaty was not carried into effect, gentlemen would be justified in voting against the other Treaties. He wished, therefore, to bring those gentlemen to a vote on the Spanish Treaty, Mr. GALLATIN then moved to strike out the before a decision was had on the other, and see words, "provision ought to be made by law," as whether they would refuse to vote for it. For the expression seemed to imply that they were this reason, he should move to strike out also the not at liberty to pass or not to pass laws or carry words and with the Indian tribes West of the ri- the Treaties into effect. He proposed to introver Ohio," which would leave the Spanish Treaty duce, instead of the above words, those used in alone in the resolution. He would wish to ac- the resolution declaratory of their opinion upon commodate the gentleman from Vermont; but, the Journals, viz: "it is the opinion of this Comas to himself, he could not consent that the Trea-mittee that it is expedient to pass the laws neties should be taken up together. The vote of the Committee would determine which of the Treaties should be taken up first.

cessary."

Mr. DAYTON (the Speaker) objected to the amendment as unnecessary. The phraseology of the resolution was the same with that used on all similar occasions. He called upon gentlemen to look into the Journals, and they would find the words were the customary words used. Why, then, carp at this form? It would be impeaching their former proceedings. Do not let it be said, added he, that by such a form of words they left to themselves no discretion.

Mr. GILBERT Wished to abide by the usual form.
Mr. GILES did not think the words had any

Mr. GILES did not intend to have said one word more in this preliminary discussion, if a waste of time had not been imputed to those who were in favor of considering the Treaties separately. Whereas, if the Treaties had been suffered to have been considered distinctly, as was proposed, three of them would have been decided in one-fifth of the time which had been spent in debating upon the manner of considering the subject. The gentleman from Massachusetts [Mr. SEDGWICK] had said that he did not mean to embarrass the Com-binding influence; but this was the first precemittee by bringing forward his resolution in the way he had done, and that he had done no more than was done by the gentleman from North Carolina [Mr. BLOUNT] a few days ago. Mr. G. would say nothing as to the intention of the gentleman, but it must be admitted that embarrassment was the result of his conduct. In the other respect he was also mistaken, for that gentleman permitted the Chairman to be seated, and to read the papers before the Committee, previous to the introduction of his motion, but the gentleman from Massachusetts had brought forward his motion before the Chairman had opened the subject at all.

The gentleman very gravely reminds gentlemen of their warmth. Mr. G. declared he had not been at all agitated; and he was inclined to think it was the gentleman's own irritability which led him to think others were intemperate.

Gentlemen had talked of responsibility on this subject. He looked upon himself as responsible upon every occasion; and he invited responsibility upon this and every other question. He was constituted an agent for certain purposes, which he was to execute to the best of his ability. If he did not do this, his constituents would have just cause of complaint.

He did not mean to follow the example of the gentleman from Massachusetts, in going into the merits of the Treaty at present. When it came before the Committee he should state as concisely as possible the motives which would actuate his vote on the subject. To reply to all the remarks of the gentleman, with respect to the happiness

dent with respect to Treaties, and it would be as well to adopt the words which they had used in their declaration entered upon their Journals.

Mr. WILLIAMS thought they ought to vote for the amendment, because it was new.

Mr. HARPER opposed the amendment, and said, if it was carried, when it came into the House he should move to have the form restored, and call for the yeas and nays upon the question.

The question was put, and carried, 48 to 40. Mr. GALLATIN wished to know of the mover of the resolution what was the meaning of carrying a Treaty into effect with bad faith? For if it I could not be carried into effect with bad faith, he thought it unnecessary to say it should be carried into effect with good faith, and should move to strike out the words.

Mr. SEDGWICK said, he could not explain what it was to carry a Treaty into effect with bad faith; he knew what it was to carry a Treaty into effect with good faith, but left the gentleman who made the inquiry to discover the reverse.

Mr. TRACY said, if no faith was pledged, then the words ought to be struck out.

The question was put for striking out the words, and carried; and the resolution for carrying the Spanish Treaty into effect being before the Coinmittee,

Mr. GOODHUE said, he did not mean to oppose the resolution for carrying into effect the Spanish Treaty, but wished to inform the Committee, and particularly those who have held up this idea, that whenever a Treaty provides an arrangement, running counter to an existing law, it becomes ne