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can breast in the late war, and they had since brought forth a plentiful increase.

At the close of the war, the British engaged in a war with another nation, who had assisted us in obtaining our independence, and who have been themselves engaged in a cause of liberty. This circumstance rekindled the flames of hatred against that Government, which, owing to various irritating circumstances, was now blazing in full force throughout the United States, and even in that House. Could it, then, be expected that we should sit down contented, if the Treaty was not carried into effect? Indeed, the same spirit which had opposed the Treaty, and which would lead to its rejection, would infallibly lead us to war; nor could he believe the gentleman from Pennsylvania had told us the whole of his plan. He should expect, very soon, to hear him advocating sequestration, or suspension of intercourse, or some other measure which would lead directly to war; and could we, said Mr. S., after a contest of a year or two with the British nation, treat with her? the PRESIDENT and Senate cannot treat with them, if once the present Treaty was defeated; and he would beg leave to say, that we never could stop, until we had either humbled the nation, so abhorrent to our feelings, or until we were humbled indeed. And we should not go into the war, united heart and hand; there was one end of the Union, he knew, would drag heavily into the war. There were two branches of the Government, and a considerable proportion of that House, indeed, who had been struggling to support their neutrality and peace.

[H. OF R.

Representative he was-if there could even be found a single man whose hatred to any other country was greater than his love for Americahim, he should consider as his enemy, hostile to the interests of the people who sent him there, utterly unqualified to judge rightly of their concerns, and a betrayer of the trust reposed in him. But, Mr. D. said, he could not believe it possible, that there were any such amongst them, and he was convinced that every one must see and feel the necessity of divesting himself of all his hatred, all his prejudices, and even all attachments that were in the least degree inconsistent with an unbiassed deliberation and decision. The good and the prosperity of the people of the United States ought to be the primary object. It was that alone which their Representatives were delegated and commissioned more immediately to promote, and who would deny that it was intimately connected with, and involved in the vote they were about to give?

That the defects of this instrument of compact with Britain greatly exceeded its merits, was a truth which was strongly impressed upon his mind, long before he had heard the reasoning of the gentleman from Virginia, [Mr. MADISON,] who had opened the debate. Although that gentleman had sketched its deformities in strong colors, and had in some instances, perhaps, exaggerated them; yet, Mr. D. said, he should not have contested the justice of the picture he had exhibited, if he had, at the same time, presented to their view, in true and faithful coloring, the other side of it also. Yet, this was surely necessary in order to enable them to form a right judgment. That member had declared that the House were now called upon to approve the Treaty, but Mr. D. was far from believing such a declaration warranted by the language or nature of the proposiMr. DAYTON (the Speaker) declared that he didtions on the table, to which all might assent, withby no means intend to follow the gentlemen who out pledging themselves to be the approvers of the had conceived it advisable to enter into a discus- instrument itself. sion of the merits of the Treaty, article by article.

Mr. S. concluded, by saying-if we carry the Treaty into effect, we shall secure a continuation of our unexampled prosperity, peace, and happiness; but, if we reject it, the avenues to national misery will be opened innumerable.

To those, he said, who regarded this second Treaty with Great Britain with disagreeable sensations to those who believed that it did not contain in it such terms as the United States had reason to expect, and even a right to demand-to all those whose indignation had been excited at the unwarrantable outrages committed by that nation upon the rights of our neutral Powers, who had seen their high-handed acts with astonishment, and the whole conduct of their administration towards this country with abhorrence-to those whose attachment for the French, nobly struggling for their liberties, was sincere, and who ardently wished that their revolution might terminate in the establishment of a good and stable Government:-to all of this description, he could, with propriety, address himself, and say, that he harmonized with them in opinion, and that his feel ings were in perfect unison with theirs. But if, he said, there should be found in that assembly one member, whose affection for any other nation exceeded that which he entertained for this, whose

So firmly convinced was he of this, that, if he could subscribe to the truth and force of every objection that had been urged by that gentleman, he should, nevertheless, by no means conclude with him, that the House ought to withhold the appropriations, but, on the contrary, they ought to grant them. This would be his course of conduct, because difficulties and inconveniences alone presented themselves to their view and choice, and he thought he should act unfaithfully, if he endeavored to shun those on the one side only, without regarding the wide scene of dangers into which he might plunge his country on the other. What would be thought of that man, who, because the road he was traveling proved to be an uneven and rough one, should considerately betake himself to an opposite path without exploring the precipice that awaited him there? In the individual it would be deemed an evidence of madness, and such heedless conduct in that House could not escape the imputation of blindness. Under impressions of this sort, as to the importance of the vote he was about to give, he conceived himself bound to extend his views beyond the mere in

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trinsic merits of the Treaty, and to estimate the evils which must flow from a rejection of it. What, he asked, were these? Would a foreign war, and the dissolution of the Government be the certain fruits of a rejection, as had been represented by some gentlemen whose opinions he respected? These would certainly be amongst the most dreadful calamities which could befall a country, and, especially, one made up of Confederacies like this; and although he did not think them probable, yet, they must be admitted to be possible, and as such, justify those who allow them to influence their minds. But he appealed to those gentlemen who seemed to treat such apprehensions as perfectly chimerical, whether there might not be others, which, though less alarming than a foreign war and dissolution of the Union, would yet exceed-nay, very far exceed, those which are to follow the operation of the Treaty. The first fruit of a rejection would be, Mr. D. said, a claim from the merchants who had suffered by spoliations, to be fully indemnified from the Treasury. He called upon the members who, like himself, represented agricultural States; and he called, also, upon those who represented the landed and agricultural interests in the commercial States, to declare, whether they were prepared to burden their constituents with a tax of five millions of dollars to be thus applied?

[APRIL, 1796.

they were equally bound to pay the frontier settler for his stolen horse; and there would be no bounds to such claims, or means to satisfy them.

Yet, this very thing they would be called upon to do the next moment after they voted not to grant the necessary appropriations for carrying the British Treaty into effect. But the evils flowing from a rejection would not end here. All kinds of property lowered in value; ship building at a stand; commerce and navigation insecure and harassed: the fruits of the earth, the produce of the farmer's toil, reduced one-third in price, and almost without a market; public and private credit tottering; these, all these, would swell the disastrous catalogue. The effects of a rejection would operate like a subtle poison, which, though immediately applied to only one part, would quickly insinuate itself into the system, and affect the whole mass. Although, in this instance, the first shock would fall on commerce, yet it would, through the means of this powerful conductor, be communicated, with an electrical quickness, to the dearest and best interests of this country. It was possible, Mr. D. said, that there might be one exception-manufactures might not be immediately and generally injured; but if they should flourish, it would be upon the ruins of commerce, the decay of navigation and ship building, the poverty of the planter and farmer, and the wreck of public faith and private credit. Another evil certainly flowing from a rejection, would be, he said, the loss of the Indian trade, which had been stated by two gentlemen from New York, and one from South Carolina, who appeared to be well acquainted with the subject, as extremely profitable and important.

An Indian war might, also, be calculated upon as inevitable, and the consequent expenditure of fourteen hundred thousand dollars annually; but. in carrying the Treaty into effect, and possessing the posts, with the troops, they should be free from any danger of a serious rupture with the savages, and save the most of that money, together with the lives of many very valuable citizens. Those posts, he said, could alone insure a permanent peace with the savages, or, at least, would enable this country to repress hostility with little trouble or expense, if ever it should again threaten. Their importance had, it was true, been questioned by one or two gentlemen, but it had been vindicated, and they had been answered by a gentleman from Massachusetts, [Mr. AMES,] in a strain of eloquence never exceeded in that House, which af fected every one who heard, and, he believed, had convinced most of these who listened to him.

He did not fear that he should be charged, as others had been, with sounding a false alarm. A proposition to that effect had already been laid on the table, and, what was not a little singular, it was founded on a presumption that the Treaty was to be annulled by a vote of the House, and was to derive its support from that very circumstance. Mr. D. thought it his duty to remind gentlemen of the doctrine uttered by the member from New York, [Mr. LIVINGSTON,] when he moved it, as well as of the extent of the principle contained in it. It is an established principle, said the mover, that protection is equally due to the person and property of all citizens, and that where the Government fails to protect, it is bound to indemnify for all the losses that may be sustained by every individual in consequence of such failure. They were, therefore, Mr. D. said, if they rejected the Treaty, to be immediately called upon to recognise a principle which would not only pledge them to tax their fellow-citizens for the five millions, at which the British spoliations were estimated, but, also, to make compensation for every depredation that might hereafter be made upon their trade; nay, more, for every injury that any American citizen might suffer through want of protection. He was aware that It had been asked what would be the conduct he might be told that the resolution embraced of Britain, when they should learn that the House only merchants who had suffered, but he contend- of Representatives had refused to make appropried that the principle, when established, must ex-ations for the Treaty. He was disposed to think tend to all; for he challenged any gentleman to that they would not consider it a cause, or make show what better title they who inhabited the it a pretext, for war. Having in their hands the frontier next the sea, had to claim Governmental fur trade, the Western posts, and about five milprotection and indemnification, than they who in-lions of dollars, of which they had despoiled the habited a frontier on the land side? If, therefore, they were determined to compensate from the Treasury the merchant for his plundered cargo,

people of these States, they might probably sit down contented with the spoils they had made, after this Government had, by its own act, dis

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solved the stipulations they had entered into to make restitution and compensation. But what, in this state of things, would restrain their piratical cruisers in the West Indies? They, whether hoping that a war would be the consequence of annulling the Treaty, or that, as the two nations were no longer under that tie, they might again rob with impunity; and would probably seize on American vessels wherever they could meet them, and carry them into those ports in which corrupt Judges stood ready to condemn them.

[H. OF R.

could, and doubtless would, commence the negotiations anew with Great Britain in order to obtain alterations and modifications of the objectionable parts, but an attentive perusal of the article which had been quoted, must convince him and every other person that the PRESIDENT must consider the Treaty as valid and binding, even though the appropriations were refused, and consequently instead of making a new compact, must, if he preserved that character for firmness and consistency which he had ever supported, protest against the usurpation of power on the part of the House of Representatives.

So far as this question respected a dissolution of the present Government, it was certainly a very delicate one. Important as the subject un- But let it be supposed for a moment that the der debate unquestionably was, he was free to de- PRESIDENT could condescend to send out another clare it to be his opinion that no decision, however Envoy upon such an errand; had the gentleman reunfavorable it might seem, could justify, or would volved in his mind what language must accomproduce a separation of the States. He lamented pany the mission? The new agent must introthat it had been conceived or mentioned by any duce himself to the Court of London by declarone, for he should, whilst he had strength, resisting that he came to frame a new Treaty instead such an event as the most fatal that could befall of the one which though lately made by the two his country, and would cling to the Union as the branches of Government who were then conceivrock of their political salvation. But he would ed to be the constituted authorities, had been more not say, nor would any one else seriously say, that lately broken by the third branch. That the PREthere was no room to apprehend that a rejection SIDENT had believed the approbation of the Semight produce suspicions, jealousies, distrusts, and nate followed by his own ratification to be fully discord between the one part of the Union and sufficient to render the compact valid and bindthe other, and such a general fermentation in the ing, but that the House of Representatives had public mind as never before prevailed. taken a new view and sense of his and their powHe could not here refrain from making a se-ers, had conceived their concurrence necessary to rious appeal to the candor and good sense of the give it binding force, had convinced him that his gentleman from Virginia. Having served with construction of the Constitution had been erronehim many years in public life-in the Old Con-ous, and had insisted upon his sending this extragress, under the Confederation, in the Federal ordinary Envoy to practise upon the new lessons Convention, and for nearly six years under the they had taught him. present form of Government, he had, upon many and various occasions witnessed the display of his superior talents, and the efforts of his patriotism, and derived from thence a conviction that, as at no former moment, so neither at the present, could he appeal to those qualities in that gentleman in vain. Mr. D. requested him to turn his attention to the last article of the British Treaty, and particularly that part of it which is in the words following, viz:

Were it possible for a man acquainted as the gentleman from Virginia is, with the temper and character of Courts, to conceive that this messenger, though clothed with diplomatic sanction, could be otherwise received and treated than with contempt? Would he not be told to go back to his countrymen, and desire them to settle among themselves where they had deposited this power of Treaty making? Would he not be told that if it resided in the PRESIDENT with the advice "This Treaty, when the same shall have been rati- and consent of the Senate, as they had been taught fied by His Majesty and by the President of the United to believe, then there was one already formed States, by and with the advice and consent of their Se- which the British Government were ready, and nate, and the respective ratifications mutually ex- the United States bound to fulfil, but that if the changed, shall be binding and obligatory on His Ma- House of Representatives were in future to particijesty and on the said States, and shall be by them re-pate in this power, he must, if he returned to Great spectively executed and observed with punctuality and the most sincere regard to good faith," &c.

He called upon the gentleman from Virginia to show in what line or word of it the PRESIDENT had exceeded his authority, or, if that was not pretended, and he believed it was not by any one, he wished that gentleman to reflect for a moment how it was possible to refuse appropriations, and yet preserve inviolate the faith of this country, so solemnly pledged in that article.

Britain, bring not only his own credentials from the PRESIDENT, but also authenticated copies of the powers from the House to the PRESIDENT himself?

The member from Pennsylvania, [Mr. GALLATIN] had asserted there was as weighty a responsibility on the one side as on the other. This, Mr. D. said, he altogether denied. All must admit that the PRESIDENT and Senate would at least share it with those members who should vote for Could that member conceive a more embarrass-carrying the Treaty into effect, and they would ing situation than that in which the measures have to justify them, in addition to the important contemplated by him would place the first magis-objects of the settlement of differences, the comtrate of this country? He had said, in his speech, pensation for losses, the possession of the posts, that if this Treaty was rejected the PRESIDENT &c., the plea of plighted faith. But they who

H. OF R.]

Execution of British Treaty.

[APRIL, 1796.

would determine whether they would permit a violation to be made with impunity.

Mr. CHRISTIE Said, the first time he read the tinued to think so, though he did not think it pregnant with all the evils which had been ascribed to it. He thought all that had been urged about war, and a dissolution of Government, if the Treaty was not carried into effect, something like the tale of "Rawhead and Bloody bones," to frighten children. But, though he thought the Treaty a bad one, his constituents were desirous it should be carried into effect, and he found himself bound to lay aside his own opinion, and act according to their will. He should therefore vote for carrying it into effect.

The question was then put on the resolution, which is in substance as follows:

should vote against the necessary provision in that House, would thereby take upon themselves alone all the consequences of the rejection. Could they lean for support upon even the ten dissenting Se-Treaty he believed it to be a bad bargain; he connators? No! For the instrument when under consideration of the Senate was an inchoate act. No faith was then pledged, its merits alone were the subject of consideration, and it might then have been rejected without wounding in the least degree the national honor. Could they lean upon those citizens, numerous as they were, who early expressed disapprobation? No! For this was generally done to arrest or to prevent ratification, and now since it was ratified, the opposition of far the greater part of this description was withdrawn and the names of very many of them were signed to the numerous petitions laying upon the table, praying that the Treaty might be carried into effect. They were, in short, about to take upon themselves a weightier responsibility than had ever before been encountered by any majority since the formation of the Government. Nor would they free themselves from this responsibility if they should first_refuse and afterwards resolve to appropriate. To reject the appropriation by a vote, though it were to continue only for a moment, would be to inflict such a deadly wound upon the Constitution and honor of this country, as no subsequent vote or conduct could ever heal-they were considerations far too sacred thus to be sported with, and he earnestly en-reported to the House. treated gentlemen to consider well the importance of the first step they were about to take, which if wrong could never effectually be trodden back.

Mr. D. concluded with observing that, although he was not pleased with many parts of the Treaty-although he had never felt any strong predilection for an intimate connexion with Britainalthough he had never seen their encroachments on the rights, nor their depredations upon the property of American citizens with an indulgent eye, or in the temper of tame submission, and although he had long ceased to entertain any respect for the negotiator, yet he should vote for the resolution, because he loved his country, and to that love, would sacrifice every resentment, every prejudice, every personal consideration. He should vote to carry the Treaty into effect with good faith, because he sincerely believed that the interests of his fellow-citizens would be much more promoted by that, than by the opposite line of conduct.

He had said," with good faith," and he hoped in thus repeating the expression he should not give offence to the Committee, nor to the member from Pennsylvania, at whose instance those words were stricken out of the resolution. They were however, words of solemn import, and although that member declared he did not understand them, yet they were well understood by the people of the United Statess They were not ignorant of the solemn obligations thereby imposed upon them, and their Representatives. They knew that their faith when pledged could never be broken, without injuring their interests. They would judge when it was fairly pledged. They would know when it was wantonly violated, and they

Resolved, That it is expedient to make the necessary appropriations for carrying the Treaty with Great Britain into effect.

The House divided, forty-nine for the resolution, forty-nine against it.

It remained for the Chairman, Mr. MUHLENBERG to decide.

He said, he did not feel satisfied with the resolution as it now stood; he should, however, vote for it, that it might go to the House and there be modified.

The resolution was consequently agreed to, and

[The following statement will show the true sense of the House as to the expediency of carrying the British Treaty into effect:

Forty-nine voted for this expediency.
Forty-nine against it.

The Chairman, Mr. MUHLENBERG, to give an opportunity further to consider the resolution, voted for it.

Mr. PATTON from Delaware was ill, and was necessarily absent. It is, however, well understood, that he is opposed to the Treaty.

Mr. VARNUM was accidentally absent. He is no friend to the Treaty.

Messrs. FREEMAN, SHERBURNE, and VAN
CORTLANDT are absent on leave.
Mr. DUVALL has resigned, and his successor has
not yet taken his seat.

From which it is evident that there is an actual majority of the House against the expediency of carrying the Treaty into execution.]

When the resolution was reported to the House, the question on it was called for, and the yeas and nays.

Mr. GILES wished some modification to be made in the resolution before them, or an additional one introduced so as to express the sense of the House upon the Treaty; he said it was observable that several gentlemen voted for the present resolution who thought the Treaty a bad one. He was not prepared at present with a proper resolution. The reason why he thought some qualification necessary was, that as a part of the Treaty was only to continue in effect for two years, and at the end of that time a fresh negotiation would probably take place, if the sense of that House upon the Treaty

H. or R.]

Execution of British Treaty.

was known to the PRESIDENT, it might, in some degree operate with him in a renewal of that part of the Treaty.

[APRIL, 1796.

EXECUTION OF BRITISH TREATY. The House then took up the resolution yester day passed in a Committee of the Whole, for carrying into effect the Treaty lately negotiated with Great Britain; when

Mr. JACKSON wished, as he discovered some of the members of the House were at present absent, and as the yeas and nays were to be taken upon Mr. DEARBORN said, as it appeared that a mathe question, that a call of the House should be made previous to the taking of it. He said, he jority of that House was in favor of carrying inshould vote against the Treaty, and should be able to effect the British Treaty, notwithstanding sevto give satisfactory reasons to his constituents for eral of those gentlemen who had declared their so doing; he, wished therefore, that on this impor-intention of voting for it, had declared they tant decision, the name of every member should appear on the list of yeas and nays. He hoped, therefore, the question would be postponed for the

purpose.

thought it a bad Treaty, and as he wished to see the opinion the House entertained of the Treaty entered upon their Journals, he took the liberty of proposing an amendment to the resolution in the following words:

Mr. MACON also wished the question to be postponed. He said he had doubts yet on his mind, “Resolved, That, although in the opinion of this House respecting the construction of the 9th article, rela- the Treaty is highly objectionable, and may prove injutive to the holding of lands, and if the construc-rious to the United States, yet, considering all the cirtion which some gentlemen thought it would bear cumstances relating thereto, and particularly, that the was the true construction, this question would be last eighteen articles are to continue in force only dur of greater importance to the State of North Caro ing the present war, and two years thereafter, and conlina than the Declaration of Independence itself. fiding also in the efficacy of measures that may be takHe should speak within bounds if he was to say en for bringing about a discontinuance of the violations one half of the lands in that State would be affect- committed on our neutral rights, in regard to our vessels and seamen, therefore, &c." ed by that construction.

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Mr. SWANWICK hoped the question would be put off till Monday; in the mean time gentlemen might have an opportunity of making up their minds on the subject so as to harmonize together. Mr. S. SMITH said, it would be imprudent and improper to force the decision of the question at present. He hoped it would not be insisted upon. Mr. WILLIAMS said, any delay in their decision would add to the loss already sustained, by the farmers and merchants in the sale of agricultural production. For the sake of accommodation he would, however, consent to a postponement of the question till to-morrow.

Mr. Corr hoped the yeas and nays would be taken upon the question; which was agreed to.

Mr. GоODHUE hoped the House would not agree to the resolution; he, for one, would never agree to it.

Mr. SWANWICK hoped the amendment would be agreed to; for whatever some gentlemen's opinion might be with respect to the propriety of carrying the Treaty into effect, very few thought it a good Treaty. An amendment, therefore, declaring the motives which actuated that House in passing the resolution for carrying the Treaty into effect was very desirable, it would induce some gentlemen to vote for it, who would otherwise vote against it and it ought not to excite objecMr. TRACY hoped the question might be post-men, the arguments which had been used to ention. He appealed to the recollection of gentleponed, if gentlemen wished it, till to-morrow or force the necessity of the appropriations, which Monday. the most objectionable part of the Treaty was to laid great stress upon the shortness of time which be in force. He hoped, therefore, these arguments would not be objected to in the form of a resolution.

Mr. HILLHOUSE hoped the question would be postponed till Monday, when he hoped more unanimity would prevail in the decision.

Messrs. BOURNE, CHRISTIE, and COOPER, wished the adjournment to be till to-morrow only.

The question was put and carried for to-morrow. Mr. GILLESPIE then moved that a call of the House be made for to-morrow at 12 o'clock; which was agreed to.

SATURDAY, April 30.

There might, indeed, be gentlemen who thought the Treaty perfect in every part, a very paragon; these, of course, would object to this amendment, and would vote against it. It might be said this amendment would convey an indirect censure on the other branches of Government; but he did not think so. That the Treaty was highly objectionable was shown by the decision of the 'Committee of the Whole yesterday, when the Chairman, with the hope of some modification taking

A bill for continuing in force an act in the State of Maryland, appointing a Health Officer for the port of Baltimore, was read a third time and pass-place in the resolution, decided the vote in its

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favor. He hoped the proposed modification would not, therefore, be objected to. There was another important observation, which was the confidence expressed in the PRESIDENT's taking measures to prevent future spoliations of property and impressments of seamen. Mr. S. said, if the amend

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