JAN. 1832.] Executive Proceedings. [SENATE. that it has proceeded from a fortunate conjuncture. If it had not been for the revolution of July, we should probably not have obtained the treaty. * under the arrangement* which has been made, and its effects upon our navigation and commerce, I hope that an opportunity for an ample discussion of them will occur, when it will not be difficult to show that what has been Now, under the last administration, let us see what was done is decidedly more disadvantageous to us than the done. It concluded at Washington treaties with Guateprevious state of that trade. But what is the arrange- mala, Denmark, and the Hanseatic cities, founded on the ment? There is no treaty, no compact, nothing obliga- most liberal principles, and forming models for future tory upon Great Britain. The operation of an act of the treaties. It made treaties abroad with England, and the British Parliament has been simply extended to our in- Emperor of the Brazils, with Sweden, and with Mexico, the tercourse with the British colonies. What we have gotten latter of which remained to be ratified by the Mexican proceeds from the breath of a British Parliament, and republic. It adjusted the difficult subject with England the same breath can take it away whenever they please. relating to satisfaction for slaves taken during the late war. Let us look at the other vaunted instances of the diplomacy During that administration indemnity was obtained for of this administration. The residue of our claims on claims of American citizens, on Colombia, the Brazils, Denmark, for which indemnity was not obtained under Denmark, Sweden, and Russia. In respect to the inthe late administration, have been satisfied. But Mr. demnity from Russia, I request permission of the Senate to Wheaton was engaged in negotiations respecting them relate an anecdote which reflects so much honor upon prior to the termination of that administration. A treaty the late Emperor Alexander. Baron Maltitz being one is understood to have been made with Turkey. But the day in the Department of State, I casually observed to him information which led to the negotiation was procured that I thought the Russian Government had not treated us during the late administration, which had actually com- well respecting that claim; that it had been repeatedly, menced a negotiation, and would, in all probability, have during a long course of years, brought before that Goconducted it to a successful conclusion, if it had remained vernment; that we could get no answer to our represenin power. A treaty has been signed and concluded with tations; and that we were at least entitled to a decision Austria by the present administration. But that treaty, I one way or the other. He communicated this conversabelieve, word for word, was negotiated and prepared for tion to his Government; the Emperor Alexander, as I was signature by the Austrian minister and myself. A day subsequently informed, sent for the papers, personally inhad even been appointed to proceed to the signature, spected them himself, and directed the payment of the when the caution of the Austrian minister prompted him claim. It was accordingly adjusted and settled by Baron to refer the treaty to his Government for its approbation. Tuyll and myself by an exchange of diplomatic notes. The French treaty, providing for the satisfaction of the The gentleman from Georgia contends that the late adclaims of our citizens on France, has been concluded ministration submitted to indignities from the British Goduring this administration; but the whole world knows vernment; and that it repeatedly knocked at the door of the British minister at London, to renew the negotiation, * There is a statement in the published speech of Mr. without gaining admittance. The gentleman is mistaken. SMITH, which, if he made it in the Senate, did not attract After the refusal of Mr. Canning to treat of the colonial my attention. He says he asked me whether the terms intercourse, an elaborate despatch was, on the 11th of proposed by the British act of Parliament of July, 1825, November, 1826, transmitted to Mr. Gallatin, containing were satisfactory; and that I said I" considered they were a vindication of the whole course of our Government, in all we could ask.” Now, I am perfectly confident that which, without retaliating on Mr. Canning's sarcasms, the the Senator's recollection is inaccurate, and that I never honor, good faith, and character of our Government are did say to him that the terms proposed by the act were maintained, whether with ability or not, it does not beall we could ask. It is impossible I should have said so. come me to pronounce. In that despatch Mr. Gallatin is For, by the terms of the act, to entitle Powers not colo- told: "What may be the nature of the proposals which nial (and of course the United States) to its privileges, you are authorized to make, upon the renewal of the nethose Powers are required to place the commerce and gotiation so confidently anticipated, it is not now proper navigation of Great Britain (European as well as colonial) should be communicated to the British Government. upon the footing of the most favored nation. That is, if we had accepted the terms as tendered on the face of My belief was, and I so stated, that Mr. Hughes was the act, we would have allowed British vessels all the instructed to aid Mr. Connell, the agent of the claimprivileges which we have granted by our treaties of reci- ants against Sweden, to procure indemnity. Mr. Hughes procity with Guatemala and other Powers. The vessels was instructed and charged with a negotiation for the of Great Britain, therefore, would have been at liberty claims of our citizens on Denmark, in which he was assistto import into the United States, on an equal footing with ed by Mr. Connell, the agent of the claimants there also. our own, the productions of any part of the globe, Having had no recent access to the Department of State, without a corresponding privilege on the part of our it is possible I was mistaken as to the fact of Mr. Hughes vessels in the ports of Great Britain. It is true that the being especially instructed in respect to the Swedish King in council was authorized to dispense with some of claims, and that I confounded the two negotiations. In the conditions of the act, in behalf of Powers not pos- point of fact, however, Mr. Hughes, either under his sessing colonies. But whether the condition, embracing general instructions, the particular instruction given by Mr. Adams, or as incident to his diplomatic character, did aid, and, by his address, essentially aid, Mr. Connell in the liquidation of the Swedish claims. the principle of the most favored nation, would have been dispensed with or not, was unknown to me at the time the Senator states the conversations to have happened. And, long after, Mr. Vaughan, the British minister, was It appears that the present Secretary of State, at the unable to afford any information as to the act of Parlia- instance of an individual member of the Senate, has underThat very authority, vested in the King, demon- taken to furnish a copy of instructions transmitted to a strates the necessity there was for further explanation, if foreign minister, and to negative the existence of other not negotiation. ment. instructions, so far as the records of the department would enable him to negative their existence. Hitherto, instructions have been only communicated to Congress upon the calls of that body, or voluntarily by the Executive. They have been sometimes even refused to one of H. C. the Houses of Congress. H. C. With respect to the note from me to the Senator, which he says he received accompanying the draught of the bill introduced by him, it would be more satisfactory if he would publish the note itself, instead of what he represents to be an extract. SENATE.] Executive Proceedings. [JAN. 1832. Respect for ourselves, no less than for that Government, upon that powerful and respectable State. On the conforbids that we should obtrude upon their consideration trary, I honor and admire it for its noble institutions, its proposals against which they have deemed it proper to splendid public works, and its enterprise and intelligence. shut their ears." Mr. Barbour succeeded Mr. Gallatin; But I must pronounce my abhorrence of the practice to but he was not, according to my recollection of his instruc- which I allude, no matter with whom it originated, whetions, charged with any renewal of the negotiation. No ther friend or foe, or by whom it may be continued. It man was ever more tenacious of the honor of his coun- has been carried by the present administration to a most try than the late President, and he would have been the odious extent in Kentucky. Almost every official inlast to have authorized a degrading or derogatory solicita cumbent, who voted against the present Chief Magistrate, tion to renew the negotiation. It is alleged that he fore- and who was within the Executive reach, has been hurled bore for a long time to issue his proclamation interdicting from office; whilst those who voted for him, have been British vessels, coming from the colonial ports, an entry retained, no matter how long they had been in their into our ports. The situation of that administration was stations. It is not practised in Kentucky by the State peculiar. During a great part of it, the opposition had Government, when in the hands of the opposition to this the majority in Congress. At the session of 1825-6, Con- administration. Very lately, Governor Metcalfe has apgress had taken up the subject of the colonial intercourse, pointed to one of the three highest judicial stations in the although it failed to pass a law. In the despatch to Mr. State a supporter of this administration. The gentleman Gallatin, already cited, he was informed that the whole mat-appointed is a nephew of the gentleman from Maryland, ter would be communicated to Congress. It was communi- [Mr. SMITH,] and although highly respectable and emicated at the session of 1826-7. Could the President with nent in his profession, he is not more so than twenty other propriety have issued his proclamation during that ses- lawyers in the State, belonging to the opposite party. sion Shortly after its close, Congress having omitted The Governor also renewed the appointment, or commisto legislate in respect to the colonial trade, the President, sioned several gentlemen opposed to him in politics, as without hesitation, issued his proclamation, in conformity attorneys for the commonwealth. And, recently, the Lewith the existing law. gislature appointed a president of one of the banks from the ranks of the friends of this administration, and several other officers. The gentleman from Georgia further contended that the withdrawal or waiver of the demand, on the part of the late administration, of the admission of our produce Mr. FORSYTH said, I have no desire to pursue this into the British West Indies on the same footing with argument with the Senator from Kentucky. I am content similar produce from the British colonial continental ports, to leave it where it stands, with this explanation of my was equivalent to the abandonment of the pretension opinion of the responsibility of the Secretary of State. made by the present administration; and that it was a mere He is, like every officer of the Government, responsibledifference of diplomatic phraseology. But I cannot agree punishable for his offences by public reprobation and judiwith the gentleman. The withdrawal or waiver of the cial sentence. His responsibility for instructions to our demand was a concession, the operation of which would ministers abroad is secondary, not primary. In giving have been temporary, limited to the duration of the treaty, dishonest, dishonorable, or treacherous instructions, he is in which it was expected the negotiation would terminate. punishable as an accessary, not as principal. It is imposUpon the expiration of the treaty, the right would have sible not to understand that the Senators who have reprorevived, and might have been insisted on in future nego-bated Mr. Van Buren, hold him as the principal, as the tiations. Moreover, it was expected that equivalents prime mover, not as the agent of the President. I do would have been obtained, and especially some provision not seek to shield him under the President's name or of for our trade on the St. Lawrence and the Sorrel. But fice. What belongs to his place, let him answer for. He when the demand is abandoned as an unsustainable pre- was, like Mr. McLane, an agent in the commission of this tension; when our Government is denounced for having imputed offence. He stands to the President as the Senabrought forward such a pretension, and too long and too tor from Kentucky did to the late President, as Mr. Jeftenaciously clung to it, how can we ever hereafter assert ferson did to General Washington. it? With what face can an American negotiator again put Mr. F., in the discussion of the Senate, did not underforward the demand? It could only be done by following stand that he was supposed to have charged the late the bad example of one administration, disavowing to a administration with designing to degrade the United States foreign Government the acts of its predecessor. in the negotiation with Great Britain on the West India The more I reflect upon these instructions, the stronger trade. Had such been his impression, he would have deam I convinced of their reprehensible nature. If there clared, as he now declares, that he had no such design. be one point more than all others of which all Govern- He concurs with pleasure in the remark of Mr. CLAT, ments, whatever may be their form, are justly most jealous, that there is no man in the Union who would be more unit is that of a foreign interference in domestic affairs. willing to countenance what he believed to be an act of But of all Governments, republics should guard with the degradation to his country, than John Quincy Adams. most assiduous care against such interference. All histo- Mr. MARCY said, I will trouble the Senate with a few ry, from the days of Greece and Philip, proclaims that words in answer to what has just fallen from the honorthis is the point of most danger. But these instructions able Senator from Kentucky. He did not intend, he asinvite the attention of the British Government to the fact sures us, to apply his animadversions to the whole State of our dissensions, present it as a topic for consideration, of New York, but only to the dominant party there-the for persuasion, for deliberation. When that Government political friends of the minister to London, Mr. Van Buis thus legitimately put in possession of the fact, do we not know that the transition from deliberation upon those divisions to action is short and perilous! ren. But, sir, the state of facts relative to the conduct of parties in that State will not allow of such a restricted application. If there has been any thing censurable in The gentleman from New York [Mr. MARCY] supposes, that respect, the honorable Senator's own political friends in adverting to the practice of proscription which I un- must come in for a full share: if any distinction is to be derstood prevailed with the dominant party in his State, made, it cannot be in favor of those whose good opinion that I had reflected upon the character of that State; and he enjoys. A recurrence to facts will show that prohe alleges that the practice has existed for thirty years, scription-if it is to be called--enters more deeply into with every dominant party, and was rigorously exercised, their practice when they get power, than it does into the many years ago, by my friends. Nothing was further practice of those who are selected as the particular obfrom my intention than to reflect, in the smallest degree, |jects of attack. I could refer to recent instances to verify JAN. 1832.] the assertion. Executive Proceedings. Give them success only in a single city, and the work of removal from office at once begins. They leave very few "spared monuments;" almost all are swept off--from the highest to the lowest--down even to the lamp-lighter. The truth is, sir, the political friends of the Senator from Kentucky are not converts to the liberal doctrines he has avowed on this occasion. If they have ever heard of them, they heed them not. [SENATE. ing departed from the path which he now points out as the true one, and of having wandered into that which he now thinks it is so censurable for others to have pursued. It will be recollected, sir, that there is considerable patronage attached to the Department of State. To it appertains the selection of the newspapers in which the laws of the United States are published. I well remember that while that honorable Senator was at the head of that After all, Mr. President, it is quite evident from what department, and when the fortunes of the late adminiswe have heard, in relation to the conduct of parties in tration began to wane, the patronage of publishing the Maryland and elsewhere, that New York does not differ laws was withdrawn from certain public journals, which from other States. Political men in all of them have the had long enjoyed it. What was the cause of this change, same passions, and are actuated by like motives, and only this removal from office, I believe I may call it? It was differ in conduct by reason of some difference in their cir- not a violent and vindictive opposition to the existing adcumstances. Where there is alternation of success and ministration. Some of these journals had scarcely defeat, there will be removals--called restoration or re- spoken in whispers against it. No, sir, it was for luketaliation by those who use power, and proscription by warmness--for neutrality--a want of zeal in the cause of those who feel it. the administration was alleged to be the offence; pro press If the honorable Senator understood me to speak of scription was the punishment. Where was then that only one office holder, a single spared monument, as he sacred regard for the freedom of opinion and the liberty called it, friendly to the late administration, being retain- of speech and action which we now hear so highly exed, he had misapprehended me. The number of changes tolled? Was not this an attempt to control public opinion made in that State is small; and I can assure him that, through the medium of the press, and to bring that notwithstanding the ferocious and proscribing policies as- into a subserviency to the views of the men in power? cribed to us, he has many friends now enjoying offices Sir, I wish not to be misunderstood. I have not alluded under both the General and State Governments: more to these things for the purpose of accusation. I do not than that, sir, Mr. Van Buren has been censured by some even complain of the manner in which the honorable Seof his own political friends, for having counteracted, as nator used the patronage entrusted to him; but I do comthey suppose, the efforts which have been made, in some plain that he has seen fit to bring before this body the instances, to effect changes. conduct of a political party in New York as a theme of reproach and animadversion, when its conduct is not distinguishable (except for more moderation and tolerance) from that of his own personal and political friends in that State; when its conduct does not differ from that pursued by political men in other States; and when it has a justification, if it needed one, in the honorable Senator's own example. So far as my observation has extended, I can discover no sort of resemblance between the condition of actual office holders opposed to the administration, and that which has been described. They were portrayed as a class of men in the most abject state of fear and trembling, not daring to speak but in whispers on public affairs, and even under restraints in their social intercourse. They may present themselves or be presented in this light to Mr. SMITH had spoken in the debate on the nomination the honorable Senators, but I am sure they are not so pre- of Martin Van Buren several times. The whole of his sented to others, for that is not their true condition. Their remarks, are, however, embraced in the following speech: political predilections and sentiments are not restrained Mr. President: I have said "that the Secretary of by fear, or expressed in whispers; their opposition is open State is not responsible for instructions given by order of and active, and sometimes noisy, and yet they remain in the President;" that the President is the only responsible undisturbed possession of their offices. person known to the constitution. In England, agreeably I must again allude to the grounds of the removal of to its constitution, the King can do no wrong, and his some subordinate officers by the present administration, in advisers are held responsible to Parliament. Our constiorder that it may be understood upon what principle the tution is different, as I understand it. The law which act is vindicated, and to repel the charge of wanton pro- created the State Department, in 1789, is that under scription. The necessities of the late administration were which every Secretary has acted, and must continue to act. such that it compelled these officers to become partisans This law says: "The Secretary for Foreign Affairs shall in the struggle. Many of them mingled in the hottest of perform and execute such duties as shall from time to the fight; they were paragraph writers for the newspa- time be enjoined on, or entrusted to him, by the President pers, and the distributors of political handbills, and there- of the United States, (agreeably to the constitution,) relaby exposed themselves to the vicissitudes to which those tive to correspondences, commissions, or instructions to are always exposed for whom the political contests in free or with public ministers or consuls from the United States, Governments are waged. If among this class of officers or to negotiate with public ministers from foreign States there was more mortality attendant upon the late conflict, or Princes, and, furthermore, that the said principal offiit was because there was more disease. cer (Secretary of State) shall conduct the business of The Senator from Kentucky has denounced-removals the said department, in such manner as the President of from office as a violation of the freedom of opinion and the the United States shall, from time to time, "order or inliberty of speech and action. He advocates the liberty of struct." us, speech and action. He advocates a course of conduct Such, Mr. President, is the law. The Secretary can towards political opponents, characterized by great mode- do no act without the direction of the President; and ration and forbearance, and, what is more, he professes to whatever he directs, (if agreeably to the constitution,) have conformed his actions to his precepts. We all of the Secretary, under the oath he takes, must perform. I believe, admire these liberal sentiments, and feel dis- What is the oath? "Well and faithfully to execute the posed, in our abstract speculations, to adopt them as the trust committed to him." What is that trust? Obedience rule of our conduct. The theory is, indeed, beautiful; to the instructions of the President in all cases where the but, sir, do we put them in practice when brought to the constitution is not to be violated. experiment? I would ask the honorable Senator if he I have, Mr. President, been thirty-nine years in Conhas himself practised them. I will not say he has not, be- gress, and this is the first occasion I have ever heard any cause he assures us he has; but I will say that some part of other construction seriously urged, than "that the inhis conduct has exposed him to a strong suspicion of hav-structions given to ministers abroad are the act of the SENATE.] President." All the instructions I remember, commence McLane! What! a native American, the son of a distinthus--"I am instructed by the President to give you the guished officer of the revolution, bow and cringe at the following views, &c. &c.," or words to that effect. I well feet of any man! I can assure that Senator that Mr. remember a case in point, which transpired while I was in McLane is not made of such pliant materials. No, sir; Congress more than thirty years past. I was called from Mr. McLane came to the point at once. He asked for my seat by the then Secretary of the Navy. He asked what was right. He set up no silly pretensions. He me what the House of Representatives were doing. I frankly demanded what his country required. The minreplied, that they were discussing the report of Mr. Pick- istry tried to avoid a negotiation, as they did with Mr. ering. Do the House consider it as the report of the Gallatin. But, sir, his firmness and frankness conquered President or Secretary of State? It is considered as the the reluctance of the ministry to enter into a negotiation. act of the President, who sent it; and how could it other- He convinced them that they had departed from a rigid wise be considered? I come, said the Secretary, from construction of the act of Parliament of July, 1825, in Mr. Adams, to request you to say that he disavows it, the cases of France, Russia, and Spain; they could not, and trusts that the House will consider it as the act of Mr. therefore, in justice, he asserted, refuse a similar depar Pickering, and not as his (Mr. Adams's) act. ture, in the demand of equal justice to the United States. I returned into the House of Representatives, and, in He frankly told them that he had come for the sole purthe debate, took occasion to comment upon the report, as pose of opening the colonial trade, and that, if not indulg. severely as the report reflected upon Mr. Gerry for re-ed in a negotiation, he would return home. Call you this maining in France. I was called to order three times. I bowing and cringing at the feet of the British ministry then asked the Speaker in what respect. I was out of order. Is there any cringing in the despatches of Mr. McLane? He replied, "you must consider the report as the act of No one will say there is. The truth is, Mr. President, and the President; for the Executive had made it his by send-it ought to be known to the people, that the front of the ing it to the House." I answered, that the President offence is, the negotiation has completely succeeded disavowed it, and therefore I could not treat the report as under the instructions given by Mr. Van Buren, and as the President's. I took my seat. An appeal from the completely failed under those of another-a crime that Speaker's decision was had, and the vote of the House never can be forgiven by the opponents of General Jacksustained the opinion of the Speaker, by a large majority; son. They will never pardon him for his succeeding in thus establishing that the President was responsible, and all the negotiations in which the preceding administration not the Secretary, for acts done under his authority. In had completely failed. For instance, the late administra the case before us, the President gave his directions; the tion had attempted and failed, in all the following ininstructions were put into form by the Secretary; the portant objects, namely, in the claims on France; in the President read and approved them, and they were de- opening of the Black Sea to our commerce; in making a livered to Mr. McLane. How do we know but that the treaty with Mexico; in obtaining from Colombia a reducparagraph, which has offended the delicate sensibilities of tion of the duties on our produce and manufactures, and gentlemen, had been actually dictated by the President? in equalizing the duties charged on our trade with those I do not think it at all improbable, and, if so, is it not an charged to England. In all these matters, there was a act of gross injustice to make Mr. Van Buren responsible complete failure by the one, and complete success by the for it? The paragraphs so frequently alluded to in de- other administration. The successful negotiations were bate are substantially true; I admit they might as well have under the instructions of Mr. Van Buren. How then can been omitted. Mr. Van Buren be pardoned by those who had failed' Itis true that the convention with Denmark and the Brazils, for seizures, had been closed, or nearly so, when the present administration came into office. Payment by Sweden was effected by Mr. Connell, the agent of the claimants, without any instructions having been received by the chargé d'affaires. The chargé acted, he told me, as a private friend of the agent, and succeeded. Some one has said that he did not believe that General Jackson had ever read the instructions. Little does that Senator know of the President, if he believes so. I can assure that Senator that the President read, and carefully, too, the instructions to Mr. McLane, and approved them. I wish that Senator would converse with the President upon any of our national affairs; and he will certainly find that the President is as well, and I might say better, informed, than himself, on any thing done in any or all of the departments, and on all matters relating to our foreign affairs. At least, I have found him so; in all matters as well, and in some much better, informed, than I am. He is known, by his friends, to be particularly well informed in every thing that relates to our foreign relations. A Senator from Maine [Mr. HOLMES] has said that "Mr. McLane was sent to bow and cringe at the feet of the British minister." That Senator knows little of Mr. [The Senator from Kentucky, [Mr. CLAY,] in a subsequent speech on this subject, remarked, that he had himself instructed Mr. Hughes, the chargé d'affaires to Sweden, to attend to the claims of our merchants against Sweden, and that the Senator from Maryland [Mr. SMITH) was either mistaken or misinformed. Mr. Smith made no reply, but addressed a note to the Secretary of State for information, whether Mr. Clay, when Secretary of State, had ever given the instructions which he asserted hal been given by him to Mr. Hughes. The reply of the Secretary of State contradicts the averment of Mr. Chy on this point.-See note at foot of the speech.] Since the above speech was delivered, I have seen and conversed with the President, and have been autho- The Senator from Kentucky [Mr. CLAY] has charged rized to say "that the objectionable paragraphs alluded Mr. McLane with having done injury to the navigating to in the debate were dictated by him to Mr. Van Buren; interest, by the opening of the St. Lawrence and the that they were his act, and not the act of Mr. Van Buren;" Northern ports to our free intercourse; thus transferring, and I have been subsequently informed, by a Senator as he said, the carrying of the produce of Michigan, Ohic, from Tennessee, that prior to his leaving home, to assume New York, Vermont, and Maine, to British ships, which his station in the Senate, the President had told him that would otherwise have been carried by our own ships. I he (General Jackson) would, on all occasions of conse- believe the farmers of those States do not complaio. They quence, require the opinion of his cabinet in writing, know that their produce, sold in Montreal, is received thus (as the Senator understood him) dispensing with there free of duty, and is carried to England, Ireland, and cabinet meetings. The fact, then, of not calling his cabinet the West Indies, as if it were the produce of Canada. 1: together, was the President's own act, and not in conse-is of little importance to them who is the carrier, provided quence of the advisement of Mr. Van Buren, as has been they get an additional market, and a better price for their so repeatedly affirmed. produce. I regret, Mr. President, that I cannot give the JAN. 1832.] Executive Proceedings. [SENATE. credit of that important act to Mr. McLane. He, how- both Houses, with little, if any debate. I voted for it, ever, had nothing to do with it. It formed no part of his believing that it met, in a spirit of reciprocity, the act of arrangement. The opening of that intercourse, for cer- Parliament. This bill contained, however, one little word, tain articles of our produce, had been done gratuitously" elsewhere," which completely defeated all our expecby the British Government, in 1826, prior even to the tations. It was noticed by no one. The Senator from attempt at the negotiation by Mr. Gallatin. Now that act Massachusetts [Mr. WEBSTER] may have understood its must have been known. It could not fail to have been effect. If he did so understand it, he was silent. The known to the Senator, [Mr. CLAY.] then the Secretary of effect of that word "elsewhere" was to assume the preState. Why, then, does he now charge it as a fault com- tensions alluded to in the instructions. What were they? mitted by Mr. McLane, who had no more to do with it"That the produce of the United States should be rethan the man in the moon? Nor had Mr. McLane any ceived in the West Indies, on payment of the same duties thing to do with the act of Great Britain, passed subse- as were payable on the produce of the North American quently to the arrangement made by him; by which act, colonies." The British minister said, "as well might we other articles of our produce are admitted free of duty ask that our sugar should be received free of duty, as is into the Northern colonies, and from thence are received the sugar of Louisiana.” in England and the West Indies, as if they were the pro- The result was, that the British Government shut their duce of the Canadas. The Senator Mr. CLAY] complains colonial ports immediately, and thence forward. The act that the produce of our farmers, bordering on Canada, is of 1822 gave us a monopoly of the West India trade. It received in England on equal terms with those of Canada, admitted, free of duty, a variety of articles, such as Inthus giving a new market to a part of their articles, with dian corn, oats, Indian meal, pease, beans, &c. &c. out which other markets might be overstocked. The Se- The British Government thought that we entertained a nator [Mr. CLAY] has truly said that the wheat of the belief that they could not do without our produce, and States bordering on the Canadas passes into Canada, is by their acts of 27th June and 5th July, 1825, they opened there ground, and the flour shipped to British ports, as if their ports to all the world, on terms far less advantageous it were the produce of the wheat of Canada. This has to the United States than those of the act of 1822; and been the spontaneous act of Great Britain, adopted for these are the pretensions which the instructions say had her own interest, and is most certainly highly beneficial to been abandoned by the late administration. They were our farmers. An immense number of sheep, hogs, horses, abandoned, Mr. President, by the following words in the and cattle, are driven annually from Maine to Quebec, instructions to Mr. Gallatin: "That the United States and New Brunswick. The farmers and graziers of Maine consent to waive the demand which they have heretofore differ in opinion with the Senator from Kentucky, [Mr. made of the admission of their productions into British CLAY,] and are really so simple as to believe that their colonies, at the same and no higher rate of duty as similar free intercourse with Lower Canada and New Brunswick articles are chargeable with when imported from one is highly beneficial to them. Whether the intercourse into another British colony, with the exception of our with the British North American colonies be beneficial, produce descending the St. Lawrence and the Sorrel." or whether it be injurious, the present administration, nor Now, sir, whatever difference there may be between the Mr. McLane, had Little part in it. It had been effected, words "waiver" and "abandonment," in common parin part, before the arrangement was concluded, and soon lance, it is in this case a complete abandonment in diploafter for another part. It formed, as I have previously matic language. What, in simple truth, is, after all, the great said, no part of the arrangement with Great Britain, and ground of objection? It is this. Mr. McLane has made this fact must have been known by the Senator, [Mr. an arrangement conformably to the preceding instructions CLAY,] for he then acted as Secretary of State. We from Mr. Adams to Mr. Gallatin. Hinc illæ lachrymæ. have for nearly half a century been claiming the free The dissolution of the late cabinet, Mr. President, has navigation of the St. Lawrence as a natural right. It has been charged upon Mr. Van Buren; and what is there at length been gratuitously conceded to us by Great Bri- at home or abroad that we have not heard charged to him? tain, and now the Senator from Kentucky [Mr. CLAY] The elder Adams changed all his cabinet, except the Secomplains of it as a grievance. cretary of the Navy. They change was approved by the The Senator [Mr. CLAY] also complains that the in-democratic party, and disapproved by the aristocracy of structions state that the late administration had aban- the day. A change of the cabinet is, therefore, nothing doned certain pretensions." The Senator admits that new. We now grieve and lament over the late change, these pretensions had been waived. The Senator from and yet never was a cabinet more traduced than the late Georgia [Mr. FouSYTH] has contended that there is no one, by the whole body of the opposition throughout the difference in substance between these words. I leave Union. The cabinet certainly was such a one as did not this grave question to be settled by those learned Senators, and will proceed to show what those pretensions were, and which I can hardly restrain myself from pronouncing were puerile in the extreme. meet the views or approbation of the friends of the administration. They regretted in silence the selections which the President had made. The gentlemen selected were honest and honorable men. They were my political During the session of 1822, Congress was informed friends, and, I may say, some of them were my personal that an act was pending in Parliament, for the opening of intimates. Their dismissal has done no harm to the nation. the colonial ports to the commerce of the United States. The new cabinet is (I believe) more acceptable to all parIn consequence, an act passed, authorizing the President, ties. The members of it are known to be competent to in case the act of Parliament was satisfactory to him, to the special duties of their several departments, and equalopen the ports of the United States to British vessels, by ly so as advisers in the great affairs of the nation. What his proclamation. The act of Parliament was deemed is it to the people whether A, B, C, or D, be at the head satisfactory, and a proclamation was accordingly issued, of affairs? All the people ask, is, that their duties shall and the trade commenced. Unfortunately for our com- be well performed, and that they act in harmony. But merce, and I think contrary to justice, a treasury circular the present President has held no cabinet councils for issued, directing the collectors to charge British vessels two years, and Mr. Van Buren is charged as being the entering our ports with the alien tonnage and discrimi- adviser of the President to that course. Is this mode nating duties. This order was remonstrated against, (I new? I believe not-I think General Washington held no think,) by Mr. Vaughan. The trade, however, went on cabinet council during the first two years of his adminisuninterrupted. Congress met, and a bill was draughted in tration, and I remember well a discussion in strong terms, 1823, by Mr. Adams, then Secretary of State, and passed against the President's holding them, on the ground of OL. VIII.--86 |