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APRIL, 1796.]

Execution of British Treaty.

[H. of R.

supposition that Great Britain refuses to execute the Treaty) is a measure too decisive in its nature the Treaty, after we have done everything to carry to be neutral in its consequences. From great it into effect. Is there any language of reproach pun-causes we are to look for great effects. A plain gent enough to express your commentary on the fact? What would you say, or rather what would you not say? Would you not tell them, "Wherever an Englishman might travel, shame would stick to him; he would disown his country?" You would exclaim, "England-proud of your wealth, and arrogant in the possession of power-blush for these distinctions which become the vehicles of your dishonor!" Such a nation might truly say to Corruption, "Thou art my father, and to the Worm, thou art my mother and sister!" We should say of such a race of men, their name is a heavier burden than their debt.

and obvious one will be, the price of the Western lands will fall. Settlers will not choose to fix their habitation on a field of battle. Those who talk so much of the interest of the United States, should calculate how deeply it will be affected by rejecting the Treaty-how vast a tract of wild land will almost cease to be property. This loss, let it be observed, will fall upon a fund expressly devoted to sink the National Debt. What then are we called upon to do? However the form of the vote and the protestations of many may disguise the proceeding, our resolution is in substance (and it deserves to wear the title of a resolution) to prevent the sale of the Western lands and the discharge of the Public Debt.

I can scarcely persuade myself to believe that the consideration I have suggested requires the aid of any auxiliary. But, unfortunately, auxiliary Will the tendency to Indian hostilities be conarguments are at hand. Five millions of dollars, tested by any one? Experience gives the answer. and probably more, on the score of spoliations The frontiers were scourged with war till the necommitted on our commerce, depend upon the gotiation with Britain was far advanced, and then Treaty. The Treaty offers the only prospect of the state of hostility ceased. Perhaps the public indemnity. Such redress is promised as the mer-agents of both nations are innocent of fomenting chants place some confidence in. Will you interpose and frustrate that hope, leaving to many families nothing but beggary and despair? It is a smooth proceeding to take a vote in this body. It takes less than half an hour to call the yeas and nays, and reject the Treaty. But what is the effect of it? What, but this: the very men, formerly so loud for redress-such fierce champions, that even to ask for justice was too mean and too slownow turn their capricious fury upon the sufferers, and say, by their vote, to them and their families, "No longer eat bread! Petitioners, go home and starve; we cannot satisfy your wrongs and our

resentments!"

the Indian war, and perhaps they are not. We ought not however to expect that neighboring nations, highly irritated against each other, will neglect the friendship of the savages. The traders will gain an influence, and will abuse it; and who is ignorant that their passions are easily raised, and hardly restrained from violence. Their situation will oblige them to choose between this country and Great Britain, in case the Treaty should be rejected. They will not be our friends, and at the same time the friends of our enemies.

But am I reduced to the necessity of proving this point? Certainly the very men who charged the Indian war on the detention of the posts will call for no other proof than the recital of their own speeches. It is remembered with what emphasiswith what acrimony-they expatiated on the burden of taxes, and the drain of blood and treasure into the Western country, in consequence of Britain's holding the posts. "Until the posts are restored," they exclaimed, "the Treasury and the frontiers must bleed."

Will you pay the sufferers out of the Treasury? No. The answer was given two years ago, and appears on our Journals. Will you give them letters of marque and reprisal to pay themselves by force? No; that is war. Besides, it would be an opportunity for those who had already lost much to lose more. Will you go to war to avenge their injury? If you do, the war will leave you no money to indemnify them. If it should be unsuccessful. you will aggravate existing evils; if successful, your enemy will have no treasure left to give our merchants; the first losses will be confounded with much greater, and be forgotten. At the end of the war there must be a negotiation, which is the very point we have already gained, and why relinquish it? And who will be confident that the terms of the negotiation, after a desolating war, would be more acceptable to another House of Representatives than the Treaty before us? Members and opinions may be so changed, that the Treaty would then be rejected for being what the present majority say it should be. Whether we shall go on making Treaties, and refusing On this theme, my emotions are unutterable. to execute them, I know not;-of this I am cer- If I could find words for them-if my powers bore tain, it will be very difficult to exercise the Treaty- any proportion to my zeal-I would swell my voice making power, on the new principles, with much to such a note of remonstrance it should reach reputation or a lvante ge to the country. every log-house beyond the mountains. I would The refusal of the posts (inevitable if we reject | say to the inhabitants, Wake from your false secu

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If any, against all these proofs, should maintain that the peace with the Indians will be stable without the posts, to them I will urge another reply. From arguments calculated to produce conviction, I will appeal directly to the hearts of those who hear me, and ask whether it is not already planted there? I resort especially to the convictions of the Western gentlemen, whether, supposing no posts and no Treaty, the settlers will remain in security? Can they take it upon them to say that an Indian peace, under these circumstances, will prove firm? No, sir, it will not be peace, but a sword; it will be no better than a lure to draw victims within the reach of the tomahawk.

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rity! Your cruel dangers-your more cruel apprehensions are soon to be renewed; the wounds, yet unhealed, are to be torn open again. In the day time, your path through the woods will be ambushed; the darkness of midnight will glitter with the blaze of your dwellings. You are a father: the blood of your sons shall fatten your corn-field! You are a mother: the war-whoop shall wake the sleep of the cradle!

On this subject you need not suspect any deception on your feelings. It is a spectacle of horror which cannot be overdrawn. If you have nature in your hearts, it will speak a language compared with which all I have said or can say will be poor and frigid.

Will it be whispered that the Treaty has made me a new champion for the protection of the frontiers? It is known that my voice, as well as my vote, have been uniformly given in conformity with the ideas I have expressed. Protection is the right of the frontier: it is our duty to give it.

[APRIL, 1796.

The voice of humanity issues from the shade of
their wilderness. It exclaims that while one
hand is held up to reject this Treaty, the other
grasps a tomahawk. It summons our imagina-
tion to the scenes that will open.
It is no great
effort of the imagination to conceive, that events
so near are already begun. I can fancy that I
listen to the yells of savage vengeance, and the
shrieks of torture. Already they seem to sigh
in the West wind; already they mingle with every
echo from the mountains.

It is not the part of prudence to be inattentive to the tendencies of measures. Where there is any ground to fear that these will be pernicious, wisdom and duty forbid that we should underrate them. If we reject the Treaty, will our peace be as safe as if we execute it with good faith? I do honor to the intrepid spirit of those who say it will. It was formerly understood to constitute the excellence of a man's faith, to believe without evidence, and against it.

But, as opinions on this article are changed, and we are called to act for our country, it becomes us to explore the dangers that will attend its peace, and to avoid them if we can.

Few of us here, and fewer still in proportion of our constituents will doubt that, by rejecting, all those dangers will be aggravated.

The idea of a war is treated as a bugbear.

Who will accuse me of wandering out of the subject? Who will say that I exaggerate the tendencies of our measures? Will any one answer by a sneer, that all this is idle preaching? Will any one deny that we are bound-and I would hope to good purpose-by the most solemn sanctions of duty for the vote we give? Are despots alone to be reproached for unfeeling indifference to the tears and blood of their subjects? Are Re-This levity is, at least, unseasonable; and, most of publicans irresponsible? Have the principles on all, unbecoming some who resort to it. which you ground the reproach upon Cabinets and Kings no practical influence-no binding force? Are they merely themes of idle declamation, introduced to decorate the morality of a newspaper essay, or to furnish pretty topics of harangue from the windows of that State-house? I trust it is neither too presumptuous, nor too late to ask, can you put the dearest interest of society at risk without guilt, and without remorse?

Who have forgotten the philippics of 1794? The cry then was, reparation, no Envoy, no Treaty, no tedious delays! Now, it seems, the passion subsides; or, at least, the hurry to satisfy it. Great Britain, say they, will not wage war upon us.

In 1794, it was urged by those who now say, no war, that if we built frigates, or resisted the pirates of Algiers, we could not expect peace. Now they give excellent comfort, truly! Great Britain has seized our vessels and cargoes, to the amount of millions; she holds the posts; she in

It is vain to offer as an excuse, that public men are not to be reproached for the evils that may happen to ensue from their measures. This is very true, where they are unforeseen or inevi-terrupts our trade, say they, as a neutral nation; table. Those I have depicted are not unforeseen; they are so far from inevitable, we are going to bring them into being by our vote. We choose the consequences, and become as justly answerable for them as for the measure that we know will produce them.

By rejecting the posts, we light the savage fires-we bind the victims. This day we undertake to render account to the widows and orphans whom our decision will make; to the wretches that will be roasted at the stake; to our country; and I do not deem it too serious to say, to conscience, and to God-we are answerable; and if duty be anything more, than a word of imposture, if conscience be not a bug-bear, we are preparing to make ourselves as wretched as our country.

and these gentlemen, formerly so fierce for redress, assure us, in terms of the sweetest consolation, Great Britain will bear all this patiently. But, let me ask the late champions of our rights, will our nation bear it? Let others exult because the aggressor will let our wrongs sleep forever. Will it add, it is my duty to ask, to the patience and quiet of our citizens, to see their rights abandoned? Will not the disappointment of their hopes, so long patronized by the Government, now in the crisis of their being realized, convert all their passions into fury and despair?

Are the posts to remain forever in the possession of Great Britain ? Let those who reject them, when the Treaty offers them to our hands, say, if they choose, they are of no importance. If There is no mistake in this case; there can be they are, will they take them by force? The arnone. Experience has already been the prophet gument I am urging would then come to a point. of events, and the cries of our future victims To use force, is war. To talk of Treaty again, is have already reached us. The Western inhabi- too absurd. Posts and redress must come from tants are not a silent and uncomplaining sacrifice. I voluntary good will, Treaty, or war.

APRIL, 1796.]

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The conclusion is plain; if the state of peace ment? Is this the chimera? Is it going off the shall continue, so will the British possession of ground of matter of fact to say, the rejection of the posts. the appropriation proceeds upon the doctrine of a Look again at this state of things. On the sea- civil war of the departments! Two branches coast, vast losses uncompensated. On the fron-have ratified a Treaty, and we are going to set it tier, Indian war, actual encroachment on our aside. How is this disorder in the machine to be Territory. Everywhere discontent; resentments rectified? While it exists, its movements must ten-fold more fierce, because they will be im-stop, and when we talk of a remedy, is that any potent and humbled; national discord and abase-other than the formidable one of a revolutionary interposition of the people? And is this, in the The disputes of the old Treaty of 1783 being judgment even of my opposers, to execute, to preleft to rankle, will revive the almost extinguished serve the Constitution, and the public order? Is animosities of that period. Wars, in all coun- this the state of hazard, if not of convulsion, tries, and, most of all, in such as are free, arise which they can have the courage to contemplate from the impetuosity of the public feelings. The and to brave, or beyond which their penetration despotism of Turkey is often obliged, by clamor, can reach and see the issue? They seem to beto unsheath the sword. War might, perhaps, believe, and they act as if they believed, that our delayed, but could not be prevented. The cau- Union, our peace, our liberty, are invulnerable ses of it would remain, would be aggravated, and immortal-as if our happy state was not to would be multiplied, and soon become intolera- be disturbed by our dissensions, and that we are ble. More captures, more impressments, would not capable of falling from it by our unworthiswell the list of our wrongs, and the current of ness. Some of them have no doubt better nerves our rage. I make no calculation of the arts of and better discernment than mine. They can those whose employment it has been, on former see the bright aspects and happy consequences of occasions, to fan the fire. I say nothing of the all this array of horrors. They can see intestine foreign money and emissaries that might fo- discords, our Government disorganized, our wrongs ment the spirit of hostility, because the state of aggravated, multiplied and unredressed, peace with things will naturally run to violence. With less dishonor, or war without justice, union or rethan their former exertion, they would be suc- sources, in "the calm lights of mild philoso▸ cessful. phy."

Will our Government be able to temper and re- But whatever they may anticipate as the next strain the turbulence of such a crisis? The Go-measure of prudence and safety, they have exvernment, alas, will be in no capacity to govern. A divided people, and divided councils! Shall we cherish the spirit of peace, or show the energies of war? Shall we make our adversary afraid of our strength, or dispose him, by the measures of resentment and broken faith, to respect our rights? Do gentlemen rely on the state of peace because both nations will be worse disposed to keep it; because injuries, and insults still harder to endure, will be mutually offered ?

plained nothing to the House. After rejecting the Treaty, what is to be the next step? They must have foreseen what ought to be done, they have doubtless resolved what to propose. Why then are they silent? Dare they not avow their plan of conduct, or do they wait till our progress towards confusion shall guide them in forming it?

Let me cheer the mind, weary no doubt and ready to despond on this prospect, by presenting Such a state of things will exist, if we should another, which it is yet in our power to realize. long avoid war, as will be worse than war. Peace Is it possible for a real American to look at the without security, accumulation of injury without prosperity of this country without some desire for redress, or the hope of it, resentment against the its continuance, without some respect for the aggressor, contempt for ourselves, intestine dis- measures which, many will say, produced, and all cord and anarchy. Worse than this need not be will confess, have preserved it? Will he not feel apprehended, for if worse could happen, anarchy some dread that a change of system will reverse would bring it. Is this the peace gentlemen un- the scene? The well-grounded fears of our citidertake, with such fearless confidence, to main-zens in 1794 were removed by the Treaty, but tain? Is this the station of American dignity, which the high-spirited champions of our national independence and honor could endure; nay, which they are anxious and almost violent to seize for the country? What is there in the Treaty that could humble us so low? Are they the men to swallow their resentments, who so lately were choking with them? If in the case contemplated by them, it should be peace, I do not hesitate to declare it ought not to be peace.

Is there anything in the prospect of the interior state of the country, to encourage us to aggravate the dangers of a war? Would not the shock of that evil produce another, and shake down the feeble and then unbraced structure of our Govern

are not forgotten. Then they deemed war nearly inevitable, and would not this adjustment have been considered at that day as a happy escape from the calamity? The great interest, and the general desire of our people, was, to enjoy the advantages of neutrality. This instrument, however misrepresented, affords America that inestimable security. The causes of our disputes are either cut up by the roots, or referred to a new negotiation, after the end of the European war. This was gaining everything, because it confirmed our neutrality, by which our citizens are gaining everything. This alone would justify the engagements of the Government. For, when the 'fiery vapors of the war lowered in the skirts of

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our horizon, all our wishes were concentered in this one, that we might escape the desolation of the storm. This Treaty, like a rainbow on the edge of the cloud, marked to our eyes the space where it was raging, and afforded at the same time the sure prognostic of fair weather. If we reject it, the vivid colors will grow pale; it will be a baleful meteor, portending tempest and war.

Let us not hesitate, then, to agree to the appropriation to carry it into faithful execution. Thus we shall save the faith of our nation, secure its peace, and diffuse the spirit of confidence and enterprise that will augment its prosperity. The progress of wealth and improvement is wonderful, and some will think, too rapid. The field for exertion is fruitful and vast, and if peace and good Government should be preserved, the acquisitions of our citizens are not so pleasing as the proofs of their industry, as the instruments of their future success. The rewards of exertion go to augment its power. Profit is every hour becoming capital. The vast crop of our neutrality is all seed wheat, and is sown again to swell, almost beyond calculation, the future harvest of prosperity: and in this progress, what seems to be fiction, is found to fall short of experience.

I rose to speak under impressions that I would have resisted if I could. Those who see me will believe that the reduced state of my health has unfitted me, almost equally, for much exertion of body or mind. Unprepared for debate, by careful reflection in my retirement, or by long attention here, I thought the resolution I had taken to sit silent, was imposed by necessity, and would cost me no effort to maintain. With a mind thus vacant of ideas, and sinking, as I really am, under a sense of weakness, I imagined the very desire of speaking was extinguished by the persuasion that I had nothing to say. Yet, when I come to the moment of deciding the vote, I start back with dread from the edge of the pit into which we are plunging. In my view, even the minutes I have spent in expostulation have their value, because they protract the crisis, and the short period in which alone we may resolve to escape it.

I have thus been led by my feelings to speak more at length than I had intended; yet I have, perhaps, as little personal interest in the event as any one here. There is, I believe, no member who will not think his chance to be a witness of the consequences greater than mine. If, however, the vote should pass to reject, and a spirit should rise, as it will with the public disorders to make confusion worse confounded, even I, slender and almost broken as my hold upon life is, may outlive the Government and Constitution of my country.

[APRIL, 1796.

dreaded, and if they carried it into effect very seri-
ous evils would certainly arise. The question was
to choose the least of the two evils. He himself
was not determined at present which was the least,
and wished for another day's consideration.
The Committee divided, and there appeared 70
members for rising. Adjourned.

FRIDAY, April 29.

Mr. GOODHUE, Chairman of the Committee of Commerce and Manufactures, reported an act to continue in force an act in the State of Maryland for the appointment of a Health Officer at the port of Baltimore; which was twice read and ordered to be engrossed for the third reading.

Mr. BALDWIN called up a bill relative to the Military Establishment; upon which the House formed itself into a Committee of the Whole, and after agreeing upon some amendments, one of which was the introduction of a troop or two of light dragoons into the establishment, the Committee rose, and had leave to sit again.

EXECUTION OF BRITISH TREATY. Numerous petitions were presented and referred, in favor of carrying the Treaty into effect.

Mr. SEDGWICK informed the House that he had in his hand a letter from Boston, addressed to the Representatives of Massachusetts in Congress, informing them that a public meeting had been held to consider upon the propriety of petitioning the House to request that necessary measures might be taken to carry the British Treaty into effect, at which it was supposed 2,200 persons were present, and that more than 1,800 were in favor of the measure. As it appeared the petition which was agreed on at that meeting would not come to hand until the next post-day, and as the question to which it related might in the mean time be taken, he and his colleagues thought it necessary to make this communication.

The House then resolved itself into a Commit

tee of the Whole on the state of the Union; and the resolution for carrying into effect the British Treaty being under consideration—

Mr. N. SMITH said it was with diffidence he rose to offer any of his sentiments to the Committee, after so many able arguments had been exhibited on the subject; but he should beg leave to offer a few remarks relative to some parts of the Treaty, and also to evince that the national faith must be considered as already pledged; but, even if this was not the case, that, under all the circumstances relating to the question before them, it was expedient to give effect to the Treaty. He observed that the gentleman from Pennsylvania [Mr. FINDLEY] appeared yet to be in doubt whether the appointment of Commissioners to settle the claims Mr. VENABLE said, he hoped the question would on the United States did not render the Treaty not be taken to-day. The business was allowed unconstitutional. Mr. S. said, if the arguments on all hands to be important, and one day he trusted already offered on that subject had not convinced would not make much difference. He said there the gentleman, he very much doubted whether were mischievous effects staring them in the face, any arguments could convince him. They aplook which way they would; for if they refused peared to him coaclusive. All the Commissionto carry the Treaty into effect evils ight beers were empowered to do, was to settle claims on

At the conclusion of Mr. AMES's speech, there was again a divided cry of " Committee, rise," and "The question;" when

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the nation. The Judiciary had no power to decide on claims against the United States. It was absolutely necessary, therefore, whenever disputes arose in consequence of claims on the Government, to establish a new forum; and there was no room for a pretence of interference with the Judiciary, so long as the Commissioners were to do what the Judiciary could not do, even if they were not appointed.

[H. OF R.

at the beginning and go through with it, in the manner it was written. If the latter mode was taken, there could not even be a question relating to this article. He did not believe it was the intention of the person who wrote that article in the Treaty to render any property liable to confiscation by the last paragraph. He believed it was designed merely to pursue the second, with some additional regulations, and the words, nor her cargo, before the words, if not contraband, as well as the words, be confiscated, which imme

A gentleman up two days since, [Mr. GALLATIN,] had concluded a long speech by observing that he could even waive the whole of his objec-diately succeeded them, appeared to him to have tions to that Treaty, were it not for one article, been rather incautiously used than with any posiwhich he told us contained in it a dereliction of tive design to render property liable to confiscaour independence; and he confessed, before the tion, which a preceding paragraph had expressly gentleman informed them what article he referred provided should not be confiscated, but only deto, he was almost induced to believe, after all his tained and paid for. But allowing the construcattention to the subject, he had overlooked some tion of the gentleman relative to the last paraessential article in the Treaty which would again graph to be just, yet it did not comprehend vesintroduce the Colonial system, and subject us once sels which set out from home for the purpose of more to British tyranny; but, to his astonishment, going to a blockaded port, and which had not when the gentleman came to turn their attention been notified and turned away. These are, then, to the article, it appeared to be no more than the left for the second paragraph to operate upon; the 18th article, containing regulations relating to pro- second and last paragraphs would accordingly perty which is contraband by the Law of Nations, stand in this way. The second, by general terms, and is in general merely declaratory of the Law provides that vessels setting out from home, with of Nations. The gentleman, however, as well as a design to go to a blockaded port, and never havseveral others, had contended that the second para- ing been notified and turned away, shall only be graph in the 18th article contained a general pro- detained, and her cargo paid for. The last provision that articles not generally contraband, but vides, that where she has been notified and turned became so by the Law of Nations, owing to par-away, and shall again attempt to enter, her cargo ticular circumstances, should not be confiscated, may be confiscated. There was, in his opinion, but be detained and paid for; and that the last a good reason why goods should be confiscated in paragraph contained a provision, that whenever a the last case, and not in the first. The intention, vessel was bound to a blockaded port, not knowing previously to having been notified and turned it to be blockaded, she should be notified and turned away, was a fact of all others the most difficult away; after which, if she again attempted to enter, to prove, and liable to a great uncertainty, whereas her cargo might be confiscated, though the arti- the attempt to enter after having been notified, cles were not generally contraband. They con- left no room for doubt or uncertainty. It was tended further, that, by the Law of Nations, no other highly proper, therefore, to be much more rigorinstance can be found where property not generally ous respecting the last than the first. But supcontraband may be regarded as such, from particu-pose the last paragraph directly repugnant to the lar circumstances, except a vessel bound to a blockaded port. Of course they say, the last paragraph provides for confiscating all the property not generally contraband, but becomes so from circumstances, and therefore provides for confiscating the very articles which the second paragraph declares shall not be confiscated, but be detained and paid for. The second paragraph consequently can have no operation, unless they find another meaning than what results from an obvious construction of the words used in the paragraph itself. They accordingly suppose it must mean that the British may take our vessels in any case where they please, even where the articles would in no sense be contraband by the Law of Nations, and pay us for them.

second; the universal rule of construction relative to instruments like this is, that the last must be rejected. But if he was to admit further, that the preceding paragraph is to fall before a succeeding one, still would any gentleman pretend, that after they had proved this, it can have no effect, because opposed to another paragraph? They are, then, at liberty to put what construction upon it they please, and that they may construe it to mean directly opposite to the plain meaning of the words. This would be absurd. He then read the paragraph in question. He observed, that the paragraph provided for detaining such articles, and such only, as were contraband by the Laws of Nations, and how it could be construed to mean such as were not contraband by This, he believed, was a full and a just state- the Law of Nations, was to him astonishing. It ment of the objection. He said the gentleman was said, if the construction of the gentleman from Pennsylvania [Mr. GALLATIN] had taken a was not right, that the British nation will give it most singular mode in construing this article in such construction. This objection was more imthe Treaty. That gentleman began at the last portant, as it had been urged against several other end of the article, and traveled backwards to the articles of the Treaty. Indeed, he found it comfirst. He always had supposed the way to put a mon for gentlemen to contend for a certain conjust construction on an instrument was, to beginstruction, and unwilling at last to take on them

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