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Execution of Treaties.

H. OF R.)

[APRIL, 1796.

cessary, in order to give such arrangement validity, she said on the subject of cordage, iron, pitch, rurthat a repealing law should be made: that, in the pentine, &c.? Had she said that these valuable tenth article of the Spanish Treaty, it is stipu- articles of ours should not be carried in time of lated that any goods on board a Spanish ship war, but be deemed contraband ? No. How magwhich may be wrecked on our coast, shall not be nanimous was it in that nation, that they were not subject to the payment of any greater dues or du- afraid of our supplying their enemies with these ties than they would be in a like case on board of articles in time of war! They discarded that an American vessel, which is annulling our reve-narrow policy which had been embraced by other nue laws in this respect, which requires the pay-nations. Rightly had the Secretary of State of ment of ten per cent. more. He mentioned this Spain been called the Prince of Peace. He not only to remind those gentlemen who had held up only opened the sea to us, but, also, the noble river this idea as intended to operate relative to the of the Mississippi, which a barbarous policy had British Treaty, that if it be necessary in the one long kept shut against us. But did Spain stop here? case, it must be in the other, and not that he held No; she knew that it would be necessary we any such opinion, for he believed a Treaty was a should have a depot in the river for our produce, law of the land, without any interference of theirs and she has said that depot shall be her own city to make it so.

of New Orleans, without laying either a tondage Mr. SwANWICK said, he would beg leave to de-on vessels or a duty upon goods. All she requires tain the Committee whilst he made a few obser- is simply payment for storage of the goods. The vations upon the Spanish Treaty. At the same consequence will be, as is most frequently the case, time that that Treaty removed all cause of differ- that her liberality will itself reward her, for the ence between the United State and Spain, it didtown of New Orleans will probably become the not shackle their commerce with respect to Spain; emporium of the Western world. it had not stipulated any particular regulations Spain had also taken great pains with respect with respect to the ships of either country, but left to fixing the boundaries, so as to preserve peace to each country its own regulations. When the with the Indians, and to prevent those injuries Treaty was negotiated, it was well known that to which they had been heretofore too much all those States in the Union which grow wheat, subject. corn, &c., would turn their eyes to the settlements There was one article in the Treaty particularly of Spain, as opening a ready market for their pro- favorable to the merchants of this country. It duce. It might have been thought the policy of was well known that heretofore there were often Spain to have yielded up her markets on unfavor- heavy embargoes on their ships in Spanish ports, able conditions, but she admitted us in her ports which sometimes detained them a considerable on the same terms as other nations.

time, to their great inconvenience. In future no He had always considered Spain as liberal with embargo was to be applied to them. respect to commerce, because, although she may Here, said Mr. S., is a list of advantages. But shut us out of the Havana, still, by a circuitous what were they to give in return? Einbargoes course, we supplied their West India settlements were not to apply to Spanish ships when in this in time of peace; and it was a commerce that al-country; but these seldom occurring here, were ways brought freight with it. If Spain had been nothing in comparison to the advantages obtained. actuated by a narrow policy, she might have sti- It had appened heretofore, very unfortunately pulated it to them on disadvantageous terms, or for our merchants, that some of their vessels had loaded our ships with restrictions to countervail fallen into the hands of Spanish privateers. That those upon her. No such terms are, however, to nation was too magnanimous to countenance such be found in the Treaty. Trade is by it left as proceedings; she comes forward and says she it ought to be, in a great measure, to regulate will make good the losses without stipulating any itself.

return of advantage. She might have contrived The great article, that neutral ships make peu- to set off against this claim. When they contral goods, was recognised in this Treaty. What sidered the importance of a friendly understandgreater advantage was it possible for Spain to ing with this nation; that she was the third mariconfer? It was even an article of the Treaty time nation in Europe, having seventy ships of that articles of sustenance should never be consi the line, besides a considerable number of frigates, dered as contraband. Honorable regulations for and that their territory on this Continent joined both countries! How happy would it be for the us, he trusted they should always cultivate her countries in Europe, if the same regulations were friendship. He gave a preference, in taking it up, every where made! There would then be no ne- to the Treaty with this Power, to any he had cessity for offering bounties on provisions; for lately laid before us, because he saw on the face the greatest bounty was to let commerce be per- of it a liberal and enlightened policy, favorable to fectly free, and to shackle or restrain it, was the this country. greatest misfortune that could befal those even He did not intend to take up a much longer who imposed such restraints. He had always time of the Committee. There had lately, he considered the free circulation of the necessary said, a considerable change taken place in the provisions of life not only as a great blessing, but politics of Spain. The Prince of Peace had been as essential to the welfare of the human race; so fortunate as to effect a general pacification for and as this was attended to in the Treaty with his country, and they were, perhaps, about to beSpain, he delighted to dwell upon it. What had 'come mediators in the affairs of Europe; nor

APŘIL, 1796.)

Execution of British Treaty.

[H. OF R.

should he be surprised if she had at present the tated. And here he must confess that, previous means of dictating terms to the maritime Powers, to that discussion, he was rather inclined in favor by throwing the weight of her forces in either scale of the Treaty; he thought there was nothing in Should they, then, think for a moment on a re- it which would warrant the outcries made against jection of this Treaty, because there might be dif- it, but that the opposition to it might have been ficulties as to that with England ? He hoped not. raised by sinister motives, and that the people had Spain may be of great service to this country. not had proper information on the subject. In the Every one knows the interest which she has with meantime he endeavored to search for himself, and the Dey and Regency of Algiers, and her neigh- to gain all the information he was able to obtain borhood to that Power. If a time should come on the subject; the result left an unfavorable imwhen they should find themselves obliged to send pression upon his mind. It appeared to him that their frigates into the Mediterranean, where could the Treaty did not give satisfaction for past injuthey find so convenient a port for them to put ries; that it did not provide for the loss of negroes ; into as Cadiz ? It would be beneficial in every it did not assure recompense for spoliations on point of view to keep friends with that country: their commerce; nor did it propose to deliver up Considering all these circumstances, he hoped the posts in the condition in which they were to gentlemen would consider twice before they de- have been delivered up by the Treaty of Peace. termined to reject the Spanish Treaty. He could It appeared that they might become charged with not refrain, on this occasion, from giving the debts which they did not owe. It appeared to praise which he thought due to the contracting afford no security for the future, and decided the Powers.

question of neutral vessels making neutral goods, Mr. DAYTON - rose to request a vote might be against them. It appeared to take away their taken upon the question, as he doubted not gen- best weapon of self-defence, by narrowing the tlemen had formed their opinion upon the Treaty power of that House with respect to sequestration before them; and, if every gentleman in the Com- of debts, to operate against the interests of the mittee was to rise and speak as greatly at length United States. as the gentleman who had just sat down, they Under this conviction, he turned his mind to would not have the question put for several weeks. the consideration of the situation in which the

Mr. Harper said he did not rise to question the House of Representatives stood, and the duties goodness of the Treaty, nor the pacific intentions which they lay under. Their duties seemed to. of the Prince of Peace; but to say that the gen- divide themselves into two classes: first, the comtleman from Pennsylvania had certainly misun- plete Legislative power of the country ; the other, derstood what had been said in that Committee, those special duties in which they stood related to when he stated that any one had proposed to re- the people as their Representatives. In considerject the Spanish Treaty. Several gentlemen, it ing these duties he should not trespass much upon was true, had said, that if the British Treaty was the time of the Committee by going into detail. rejected they might reject others. But did any It seemed evidently to be one of their duties to one think that the members of that House were guard against the encroachments which might be like angry children, and because they could not made by the Executive on the rights of the people. get all they wanted they would not have a part? The necessity of such a guard would be apparent He should'vote for the Spanish Treaty, as he in- whenever they looked into the Governments of tended to vote for all the others.

Europe, where it would always be found that the The motion was put and carried.

Executive was inclined, by gradual steps, to enMr. Hillhouse wished to bring forward the croach upon the Legislative authority. This beresolutions which he had before proposed, except- ing the special duty of the House of Representaing the Spanish Treaty, which had just been tives, it was one that could not be dispensed with. carried. They were read.

With respect to the present Treaty, a part of the Mr. Giles wished the phraseology to be altered people consider that the Legislative rights of that so as to correspond with the resolution already House have been encroached upon. The petitions passed: which was agreed to.

on the table, from persons in different parts of the The resolutions for carrying into effect the Union, were to this effect. Treaties with the Indian tribes, and with the Dey

In that situation stood the House at that moand Regency of Algiers, were severally put and ment. They had, in order to ground their delibecarried.

rations, and to form their judgment, called for

information from the PRESIDENT. That informaTREATY WITH GREAT BRITAIN.

tion had been denied to them; they were left to The resolution for carrying into effect the Treaty take their measures in the dark; or, in other with Great Britain having been read

words, they were called upon to act without inMr. Maclay rose and said he meant to oppose formation. These considerations induced him to the resolution. He would make a few observa-offer a resolution in place of that now under contions as to the reasons which had induced him to sideration. disagree to the present proposition, and to offer Mr. M. then submitted the following preamble another in lieu of it. When the question of the and resolution : British Treaty had been indirectly brought for “ The House having taken into consideration the ward, he had attended with great patience to the Treaty of Amity, Commerce, and Navigation, between arguments for and against the question then agi-l the United States and Great Britain, communicated by

4th Con.--32

H. OFR.]
Execution of British Treaty.

[APRIL, 1796. the President in his Message of the first day of March brought forward in the House and referred to the last, are of opinion that it is in many respects highly in-Committee, and then if members wished to have jurious to the interests of the United States; yet, were the

gentleman's[Mr. MacLaY'S] resolution in their they possessed of any information which could justify the hands it might be printed. great sacrifices contained in the Treaty, their sincere Mr. Giles agreed with the gentleman from desire to cherish harmony and amicable intercourse with Connecticut. Those whu were opposed to the all nations, and their earnest wish to co-operate in Treaty wished to have the resolution which had hastening a final adjustment of the differences subsist: been proposed in their hands. If gentlemen were ing between the United States and Great Britain, might ready to speak to the merits of the Treaty, he have induced them to waive their objection to the would have them proceed; if not, he hoped the Treaty; but, when they contemplate the conduct of Committee

would rise. Great Britain, in persevering, since the Treaty was signed, in the impressment of American seamen and

Mr. BOURNE hoped the Committee would not the seizure of American vessels, (laden with provisions,) rise. The resolution of the gentleman from Penncontrary to the clearest rights of neutral nations; whe-sylvania was exactly the reverse of the resolution ther this be viewed as the construction meant to be on the table. Ought a delay, he asked, to take given to any articles in the Treaty, or as contrary to and place on a subject of such importance ?' Gentlean infraction of the true meaning and spirit thereof, the men say they wish to have an opportunity of House cannot but regard it as incumbent on them, in speaking; but to what purpose ? Was there a fidelity to the trust reposed in them, to forbear, under member of the Committee who was not decided? such circumstances, taking at present any active mea- If there was one member in that Committee who sures on the subject : Therefore,

would say he was not decided, he would not obResolved, That, under the circumstances aforesaid, ject to a debate taking place. But he believed and with such information as the House possess, it is that that was not the case, and that a three weeks' not expedient at this time to concur in passing the laws debate would not make the least alteration. They necessary for carrying the said Treaty into effect.”

knew that the British Treaty had long been the Mr. Giles wished the resolution just read might subject of reflection of every member; for what be printed for the use of the members, together purpose, then, defer a question which ought to be with the one they were then considering. He decided' with celerity? He hoped, therefore, no moved that it be laid on the table.

further delay would take place, but that the quesMr. Henderson said that the paper last read tion would be taken. could not be laid on the table until the former re Mr. W. Lyman did not think the expediency or solution was disposed of.

inexpediency of the British Treaty had been conMr. Giles moved that the Committee rise, in sidered three weeks. The question which bad order to get rid of the resolution. He meant, he been so fully discussed was on the powers of the said, to make some remarks upon the British House. How could it be said that the Treaty Treaty, but not expecting that an opportunity had had an ample discussion, or that no change of would be given to-day of speaking to the subject, opinion would take place ? Even the gentleman he was not prepared to enter upon it.

himself might think differently from what he then Mr. Maclay withdrew his motion, on being in- did, after a fair discussion of the question; and he formed he might bring it forward in the House: believed it would be canvassed in a fairer and

Mr. Buck said, it appeared to him time that all more ample manner than it had hitherto been the preliminary questions were settled, and he considered. It was said the resolution offered by hoped it would be settled, before the Committee the gentleman from Pennsylvania was the reverse rose, what should be done with the resolution of the one now under consideration. The Comwhich had been read. He thought it was con- mittee, he said, could not be forced to discuss the sistent with the doctrine which was wished to be question in any way they did not like. With reestablished. He was persuaded that every gentle spect to the preamble to the resolution, it was by man had made up his mind on the subject, and if no means new; it was a practice recommended they debated for three weeks no change of opinion by the greatest civilians: it was a kind of window could take place; he wished, therefore, they might to the subject. He hoped the Committee would det rmine whether the proposed resolution should rise, as it was near the usual time of adjournment, be taken up.

and that the resolution would be printed. Mr. JEREMIAH Smith said, the paper which had Mr. MURRAY did not mean to enter into the been read by the member from Pennsylvania merits of the Treaty, nor the resolution of the [Mr. MACLAY] was certainly not in order. He gentleman from Connecticut, (Mr. Hillhouse,] had no objection, however, to its being laid upon more than to say that it met his hearty concurthe table and ordered to be printed; still he be- rence. The resolution for the inexecution of the lieved it proper that the discussion which might Treaty brought forward by the gentleman from take place should be on the resolution before the Pennsylvania, [Mr. Maclay.]contained a proposiCommittee, as that was the proper question. For tion directly the reverse of the first. It was an his own part he should be against a discussion issue joined. He believed that members were upon the British Treaty being gone into. It was prepared to vote, and he wished the question to be his wish to take the question then; but if gentle-taken. In this state of things it was extraordinary men desired to go into the discussion he was to him to hear the gentleman from Virginia move willing to give them an opportunity:

for the Committee to rise. Yesterday he had Mr. Hillhouse said the resolution might be united with that gentleman in pushing on the

APRIL, 1796.)

Execution of British Treaty.

[H. OF R.

other Treaty questions; he now called upon that give us those features of the Treaty which have gentleman to manifest a similar disposition; for been so caricatured out of doors. Nay, the genhe would again say that the subject was com- tleman from North Carolina was not ready; and pletely understood both by the House and the even the gentleman from Pennsylvania's promptcountry, and the time so extremely pressing that itude failed him, and the promptest man certainly the execution of the Treaty was more valuable he was he had ever known. He would agree that than any explanation which members could give. the Committee should rise, hoping that the delay The country requires of us, at this crisis, acts and was an aversion to do mischief, and relying on not speeches.

the effects of a night's reflection. The pillow is Mr. Giles believed this subject required some the friend of conscience. animadversion. He was yesterday desirous of set Mr. Page would not object, if gentlemen wished tling the order of proceeding before they rose; but it, to the question being now taken, as this was when the subject came before them, he expected not the place for taking a final decision; and some time would be spent upon it.' He thought those who had arguments on the subject which the public at large had a right to expect a full dis- they wished to deliver, might deliver them in the cussion of the subject. He was of opinion they House. It was true there would not be so much ought not unnecessarily to occupy time. He only latitude allowed there as in Committee of the wished for an opportunity for the subject to be Whole; but there every member would have an candidly argued. It was probable there might be opportunity of speaking twice, which would be a strong bias on the public mind, and he hoped at least enough for those who did not mean to discussion would have a good effect. He hoped speak at all. a question already producing so much agitation, The Committee rose, and had leave to sit would be taken up and decided upon in a manner again. suitable to its importance. He thought it would Mr. Maclay wished to lay the resolution which not be treating the public mind with a sufficient he had read in the Committee before the House. degree of respect, to take a hasty vote upon the It was accordingly read, and referred to a Comsubject. He did not think that gentlemen in fa- mittee of the Whole on the state of the Union. vor of the Treaty would have wished to have got Mr. GalLATIN moved that the resolutions which rid of it in this way. He owned he could not had been agreed to in the Committee of the discover those merits in the Treaty which other Whole, might be taken up. gentlemen cried up; but he pledged himself that Mr. JACKSON wished the yeas and nays to be if they will convince him that the Treaty was a taken upon them. good one, he would vote for it. He was desirous Mr. Sedgwick said, that having examined the of knowing in what latent corner its good features Journal and found that the form which he first lay, as he had not been able to find them. He gave his resolution was the form which had been thought he should be able to show features in it always used, and that the form it now bore was which were not calculated for the good, but for perfectly novel, he should move to have the origithe mischief of this country. He hoped, there-nal form restored to it. fore, the Committee would rise, and suffer a pro Mr. Hartley hoped this amendment would preper discussion to take place.

vail, and moved that the yeas and nays should be Mr. Tracy wished the Committee to rise. The taken upon it. They were accordingly taken, gentleman from Virginia wished to deliver his and were--for it 37, against it 55, as follows: sentiments on the occasion, and he wished to hear YEAS.-Benjamin Bourne, Theophilus Bradbury, them. He was willing to give him time; for if he Daniel Buck, Joshua Coit, William Cooper, George had the task upon him to prove the British Treaty Dent, Abiel Foster, Dwight Foster, Ezekiel Gilbert, as bad as it had been represented to be, he ought Nicholas Gilman, Henry Glen, Benjamin Goodhue, not to be hurried.

Chauncey Goodrich, Roger Griswold, Robert GoodMr. Holland was glad to hear that there were loe Harper, Thomas Hartley, Thomas Henderson, gentlemen in favor of the Treaty; at least, in fa- James Hillhouse, William Hindman, John Wilkes vor of discussion.

Kittera, Samuel Lyman, Francis Malbone, William Mr. MURRAY would vote for the Committee to Vans Murray, John Reed, Theodore Sedgwick, Jererise, as he despaired of taking a vote or of hearing miah Smith, Nathaniel Smith, Isaac Smith, William a word said to-day on the merits of the resolution Smith, Zephaniah Swift, George Thatcher, Richard offered. Gentlemen will, of course, come pre- Thomas, Mark Thompson, Uriah Tracy, John E. Van pared, and he trusted that, however terrible the Allen, Peleg Wadsworth, and John Williams. Treaty may have struck them in the dark, a little

Nars.-Theodorus Bailey, Abraham Baldwin, David discussion might diminish their horrors. He

Bard, Lemuel Benton, Thomas Blount, Richard Brent, could not, however, suppress his surprise that briel Christie, Thomas Claiborne, John Clopton, Isaac

Nathan Bryan, Dempsey Burges, Samuel J. Cabell, Ganone of those-and especially the gentleman from Coles, Jeremiah Crabb, Samuel Earle, William Findley, Virginia (Mr. Giles] who had entertained opi- Jesse Franklin, Albert Gallatin, William B. Giles, James nions hostile to the Treaty so long, should be at Gillespie, Andrew Gregg, William B. Grove, Wade a loss to enter on its discussion with an eagerness Hampton, George Hancock, Carter B. Harrison, John proportioned to their zeal and conviction of its Hathorn, Jonathan N. Havens, John Heath, Daniel mighty faults. But the gentleman, it seems, has Heister, James Holland, George Jackson, Edward Liv. left his paints and brushes at home, and cannot ingston, Matthew Locke, William Lyman, Samuel Ma. now attempt, though the canvass is before him, to clay, Nathaniel Macon, James Madison, John Milledge,

H. OF R.]

E.xecution of British Treaty.

[APRIL, 1796.

Frederick A. Muhlenberg, Anthony New, John Nicho Mr. GALLATIN made three several motions for las, Alexander D. Orr, John Page, Josiah Parker, Fran- committees to be appointed to bring in a bill or cis Preston, John Richards, Robert Rutherford, Jno. S. bills for carrying each of the three Treaties Sherburne, Israel Smith, Thomas Sprigg, John Swan- agreed to into effect; all which were agreed to. wick, Absalom Tatom, Philip Van Cortlandt, Abra Mr. G. also presented a number of petitions ham Venable, and Richard Winn.

from the Western country, signed by 328 persons, Mr. Jackson moved that the yeas and nays praying for the English and Spanish Treaties to should be taken upon the resolutions for carrying be carried into effect. into effect the Treaties. They were taken upon the Spanish Treaty; but every voice being in THE TREATY WITH GREAT BRITAIN. favor of it, the yeas and nays were dispensed with The House then resolved itself into a Commiton the Indian Treaty, as that resolution seemed tee of the Whole on the state of the Union, when, also to pass unanimously.

having read the resolution for carrying the BriMr. Christie making some objections to the tish Treaty into effectresolution for carrying into effect the Treaty with Mr. Buck rose, and wished the question to be Algiers, and some papers relative to it being con- taken upon Mr. Maclay's resolution. This was fidential communications, and reported to a select opposed by Mr. Madison and Mr. HILLHOUSE, committee, on motion, the House adjourned. and then Mr. Madison addressed the Chair as

follows: FRIDAY, April 15.

Mr. M. said, on a subject of such extent and Mr. Abiel Foster, from the committee to importance, he should not attempt to go through whom was referred the resolution respecting the all the observations that might be applicable to it. expediency of preventing, for a limited time, the A general view of the subject was all that he exportation from the United States of Indian corn meant at present. His omissions would be more or corn meal, rye or rye meal, made the follow- than supplied by others who might enter into the ing report, which was read and agreed to by the discussion. House:

The proposition immediately before the Com" That in some parts of the United States, owing to mittee was, that the Treaty with Great Britain an unfavorable season the last year, and other causes, ought to be carried into effect by such provisions there exists a scarcity of the articles mentioned in the as depended on the House of Representatives. resolution ; but that generally there is a plentiful sup- This was the point immediately in question. But ply. That

, notwithstanding the price of those arti- it would be proper in examining it to keep in cles are high, yet they do not generally exceed the view also the proposition of the gentleman from present enhanced prices of labor and other articles; Pennsylvania (Mr. Maclay] which had been rethat recent information of the state of foreign markets ferred to the Committee, and which would be in Europe and other countries, does not authorize the taken up of course, if the immediate question expectation of any considerable exportation of those should be decided in the negative. articles from the United States ; that many of the principal seaport towns appear to be well su-plied with

If the proposition for carrying the Treaty into the articles in question, not only sufficient for their effect be agreed to, it must be from one

of three own consumption; but in such abundance as to be considerations: either that the Legislature is able to supply other parts of the United States, where bound by a Constitutional necessity to pass the a scarcity exists; and, from the information received requisite laws without examining the merits of by the committee, it is probable those markets will be the Treaty, or that, on such examination, the resorted to, as affording a prospect of better prices than Treaty is deemed in itself a good one, or that can be expected from foreign markets. The commit- there are good extraneous reasons for putting it tee also find that merchant mills and stores in several into force, although it be in itself a good one, or parts of the interior country, are well supplied with that there are good extraneous reasons for putvery considerable quantities of the articles mentioned ting it into force, although it be in itself a bad in the resolution, as well as with wheat and flour; that Treaty. the prices of the latter have fallen very considerably The first consideration being excluded by the within a short time past. The committee, therefore, decision of the House, that they have a right to beg leave to submit to the House the following resolu- judge of the expediency or inexpediency of passtion, viz:

ing laws relative to Treaties; the question first to : Resolved, That it is inexpedient to prohibit the ex- be examined must relate to the merits of the portation of Indian corn, corn meal, rye, or rye meal." Treaty. He then proceeded to consider the

EXECUTION OF TREATIES. Treaty under three aspects: first, as it related to The House took up, as next in the order of the the execution of the Treaty of Peace in 1783; day, the resolution for carrying into effect the secondly, as it determines the several points in Treaty lately concluded between the United the Law of Nations; thirdly, as it respects the States and the Dey and Regency of Algiers. commerce between the two nations.

Mr. SWANWICK said that one of his constitu First. He would not inquire on which side the ents had put into his hand this morning a letter blame lay, of having first violated the Treaty of from Captain William Penrose, at Algiers, dated 1783, or of having most contributed to delay its January 4, 1796, by which it appeared that the execution, although he did not shrink from the American prisoners were not then released, but task under any apprehension that the result could kept at hard labor there. Mr. S. read the letter. be disadvantageous to this country. The Treaty

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