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MntfwA. Mtn^pi^ottm^iMUi* 

EL OP a. 

qmrj. The powtra detegiUed bf it tre retlrieted 
to toe collectioD and application of the public 
MTfttoe. Manf , indeed tbe far greater ]>art of 
tkft powers sobseqaently enameiated, require for 
lime eiefeiee bo approj^tion of money what- 
erver. The rer y few which do require such auz« 
ititfy aid, are the most important of them all, as 
^ to raise and sapport araue«,'' ^ to profide and 
maintain a navy ;'' and they infoWe the neces- 
mry exercise of many powers, which the mere 
•■thoficy to appropriate the public money ^>e8 
aoi comprehend. The latter famishes hot one 
mesne of attaining the common end of all the 
powers of Congress, the general welfare* It 
wmsf be employw ibr this, purpose either singly, 
or m eon|onctioa with other powers, alike ne- 
otsmry to this primary and ultimate end of all 

ThedelecteltheafguiBent which I hare sought 
IP anawer arism from a supposition, that any oon- 
alrttatioox>f the clause ia question, which extends 
iu import beyond the power of lefying taxes, 
Motfts a title to erery ifomm whatoTor, tending 
m mBjL dc^Kik to proTide for tho comaAon defeaee 
awl general wel&r^of the United States. 

For myself, ak, I totally disavow any soohcoor 
atcvetion. I ask foe Congress but the authority, 
reasly. deiegtted by this clause, to lay and 

OMMt ia«eB,and, when thuaoolleeted;, so to apply 
Item as to ptovido Ibr tim safety and welfare of 
liie Unioo. 

Bar froflD. being the unbounded authority at 
wluck so much alarm has been expreaeed, it car- 
r\m^ along i«ih it several obvious limitations. 
The end to be oUmiked hf it must be one of com* 
oaflA de^ence^ or of geaeral welfare ; it must also 
to one whioh requires the appropriation of mo»- 
oy I and Cofkgress can then no further participate 
■I iu atiaioment, in virtue of this power, than by 
contributing towards it the public money. 

It cannot be oonteoded that this power is ren- 
deeai noneeessarjr by that contained in the last 
ekase of ihie sectiott— ^ to make all laws which 
aff« neeessnry and proper for carrving into" ef- 
face the powera expre«ly delegated to Gongressi 
Tlie farmer b a primary and indepeftdent power; 
ito laiiec btti aeeoodary, or aoxiliary. Had the 
iMietaot beea expeeeied, theve can be no doubt 
(to UN the langva^e of ifiift^tMi) ^ that it would 
imm% re s alf ed to the Gbuenimeftt by aa unavoid- 
aMo implication," a« it did qnder die Artaoles of 
O aa fi i l si ali oa. It man inaected ia the Federal 
Camstatatioa to obviate, pot tf»Qf«ate,doabt8b But, 
a dasmed rs s entii l, this authority extends bnyoad 
ilaa< ia question, aad comprehends the power to 

rm other laws, as well as aeis of appropciatioo. 
ftviloea for my preseat purpose, while it alao 
abakaes ao ol^eotioa of one of my coUeagoes, 
(Mr. fibiVTH,) that among those acts it expremly 
aatkoriaee all each as are reqoired for the exet^ 
esea of the power contained in the elause whiqh 
I tove endeavored to expound. Both clauses 
l ae em ble each other in one quality, which our ad- 
l araari es seem to disregard: they were deeigned 
la u oia ige , rather than to abridge (as is contend. 
ed) the Constitaiioaal powem of Ooagrces« 
15lh Cow. 1st Sma. — U 

A constitution of government— the oflEipring oC 
mutual concession among a people jealous of thtlf; 
freedom, and divided ioto many distinct sover^ 
eignties, alike jealous of their authoritjr— -onsbt 
not to be construed as a treatise of political ^adr 
losopby — the production of one scieotifb Bun4» 
We cannot be surprised at finding its langvage 
redundant in the delegation as well as the limita* 
tion of power. Of this, the particular sectiott 
oa which I have just commented affords seveml 
examples. The powers to provide and maintain! 
fleets and armies are embraced in the laore conir 
prehensive authority to declare war, the powee 
to borrow money, and in that of paying the d^ts 
of the nation. Yet, all these pow^m are si^par 
rately and expressly delanled. 

I claim no more, Mr. Qiairman, in support of 
that for which I now contend, than tbattajpower 
as expressly delegated as any of thoee whieh I 
have enumerated, shall not be subverted by aaf 
rede of construction whatever. > 

This powet has been exercised from the vory; 
foundauon of the Federal Qovemnient,«li7> 
ia the purchase of lands for a variety of pu fl pos>i» 
more or less intimately connected with the couf' 
venience of the Government, or with the Oftili* 
tary defence and commercial proepNortty of the 
United States. It hu been substantially applied 
(as has been already remarked) to the encoar* 
i^ement of domentic maaufactoresi and (in a form. 
less diiiguised) to the promotion of foreign eai^ 
igration ; the advancement of agriculture ; the 
cultivation of science, litemture, and taste ; the 
diffusion of senUmentsof patriotism, benevoleoee^ 
and piety. 

The ingenuity of our opponents has not ooode- 
scended'^nd surely will not— to distinguish be* 
tween the release of a debt due to the Treaeorm 
and the appropriation of a sum already coVmuAf 
in favor of an ol^ect of general welfare^ 

One of my colleagues (Mr. Smvth) hae^ con* 
sistently pushed his doctrine of constroction to 
its proper extent. He has denied the coastita* 
tionality of the approprietions hitherto made to 
the Cumberland road, as well aa that to the relief 
of the unfortunate sufferers of Venezuela* Tha 
saaie eaqdor will exteod this senteaeeof oaadMir 
nation to all the pensions which hare beeagiaair 
ed, and to all the rewards of valor which, halt* 
beea bostowed by the Federal Qoveromtat; upHi 
only to the whole ur ifl( bat to. the institatjeat iflt 
general to the genius and charaetecof the nalioa« 

There remains, Mr. Chairmaa> one other datma 
of the Constitution, hitherto unnoticed ia tbia 
debate, to which I beg leave to call the atteatioft 
of the Committee, in support of the (yonelitBf* 
tiooal authority for which i have last cooteaded. 
The second clause of the third section of the sixths 
article confers on Congress a power not enumer^ 
ated in the section over which we have j«sl 
passed. It is. " to dispose of and make all meed'* 
^ fol rules and regulations res{)ecting the territory 
^ and other property belongiag to the United 
^ States. The nrat branch of this authority was 
designed, as will appear from the context of the 
whole section, to enable the Federal Qoveraabiat 

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Jhttmal l H ^ pT09 tw€ni9 » 

Mabcv, 181ft. 

to te|fQlate and dispose of its own territory, ac- 
oording to the soggestloos of the wisdom of Con- 
gress; the second embraces a similar power over 
all other national property, and consequently 
OTer the surplus revenue to be found at any time 
within the public Treasury. 

The obligation, as well as the power, of ren- 
dering productive such portion of the revenue as 
the public exigencies do not require, and as can- 
BOt without considerable loss be applied to the 
i^emption of the public debts before they are 
dae, is clearly deducible from this clause of the 

This surplus most otherwise lie idle in the pub- 
lic Treasurv ; a Treasury which, in fact, exists 
in contemplation of law. It must remain in the 
hands of collectors and the public officers, or be 
deposited in the vaults of some bank, and, in both 
oases, be exposed to all the hazard, without re- 
ttiaing the profit, of a loan. 

Can it be questioned that such portion of the 
public money may be constitutionally applied to 
the purchase of the stock of a canal or turnpike 
•ompany, a$ it had already been to the stock of a 
baok, under such rules and regulations as Con- 
gress may prescribe? 

I do not contend, in virtue of this clause, for 
the power to establish a banking or any other 
chartered company ; but for the simple author- 
ity 10 invest, by exchange, or sale, one species of 
property into another, for the public benefit. 

If the imposition or continuance of public tax- 
0^ with a view to such an object, be deemed a 
■aeasure of doubtful right or expediency, no 
such doubt can arise, as to such an application 
of the sum now proposed to be appropriated, or 
of the proceeds of the sales of public land, to 
which this section of the Constitution directly 

Although, under no Constitutional obligation 
to look l^yond the profit which might attend 
any such application of the public money. Con- 
gress might, and undoubtedly would, blend with 
that consideration other objects of general ad- 
vantage. As individual subscribers to the stock 
of all oanal and turnpike companies usually ex- 
fond their views, even in pursuit of profit, beyond 
the ex[MCted dividends upon their stock, to the 
heacficial end of its application | so the Govern- 
ment may often confidently anticipate a benefit, 
§kt turpassing in value any pecuniary profit on its 
stocks, from the success cf a public work of ffen- 
eri^ utility. In all such acquisitions of stock, it 
will regard the convenience and safetv of the 
aation, and if the former has a price, the latter 
naqaestionably has none. 

This mode of applying the public money, to 
the atrooture of roads and canals, is liable to none 
of the objections urged by one of my colleagues 
(Mr. Smttb) to the expediency of passing the 
resolutions before the Committee. 

Indeed, when the general purport of the resolo- 
tioDs is considered, these objections most appear 
to himself premature, since they apply rather to 
the details of a system anticipated by him, than 
to the resolutions theoMelvet, which merely pro- 

pose to constitute a fond for internal improve- 

M^ colleague cannot deny the possibiUty oi 
forming a system which shall combine individual 
sagacity, enterprise, and rkill, with the national 
wealth, for the attainment of the far greater 
part, if not all the objects, upon which this power 
of appropriation would be exerted. He has net 
only beheld, but recently co-operated in the exe- 
cution of such a system, in the Sute which we 
both represent. The characteristic feature of 
that system is, that to every public work, deemed 
by the legislature worthy of their patronage, aid 
to which three-fifths of the stock necessary to 
complete it shall have been previooslv subscribed 
by private individuals, the State subscribes the 
remaining two*fifths, with a proviso that the to- 
tal profit of the stock shall exclusirely belong to 
the individual subscribers, until they shall have 
received legal interest upon all the sums which 
they may have advanced; after which the State 
participates with them in the dividends of the 
common stock. The subscription of the State 
operates as a moderate insurance against loss to 
private adventurers, who are expected to be %U 
tracted to all such enterprises, principally by the 
hope of ^in ; and is thus calculated to elicit the 
subscription of individual wealth to public use. 
While the State regards herself as amply rcnau^ 
nerated for a temporary suspension of the in> 
terest on her share of the common stock, by the 
accomplishment of a public work, caletuated to 
replace this interest at some future per»d, and 
to augment, in the interim, her wealth and pop- 

This system is not more susceptible of appli- 
cation to the circumstances of a single State, than 
of the United States. It would only be neces- 
sary, in order to extend the scale, to extend also 
the means of its application. 

I would relucuntly appropriate any part of 
the public revenue to roads or canals, witkoat 
that security for their judicious, faithful, and 
economical completion, which would be afforded 
by associating, in their original structure and sub- 
sequent preservation and repair, the catttioos sa- 
Etcity, persevering industry, and oneeaisiBg Tigt- 
nee, of private interest ; ^although I am sot 
prepared to say that there are no works of this de- 
scription to which I would not subseriboi fram 
the public Treasury, a larger proportion than 
two-nfths of the stock necessary for their omn- 
pletion ; or that there.may not be some coaneeted 
with the common defenoe, which would be cheap- 
ly provided for, at the sole cost of the Uniom. 
Two of my honorable colleagues, (Messrs* 8af tts 
and Babbour,) to whose arguments I bare ao 
often referred, sought to discourage the emalier 
States from yielding their support to the reaola- 
tions before us. by suggesting that, under aav 
equitable distrioution of the food^ which it ie 
proposed to set apart for internal improyeooeiit, 
but a very inconsiderable allotment would fail to 
their share; while the other significant! ]r aaked, 
" if Massachusetts would give five miUioiia or 
dollars to New York or Virginia ?'* 

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M410H, 1818. 

intemai Improvements. 


Bir, the question whether Cooffress hare the 
CoDstitQtiooal power so to apply the pablic 
money, oofht not to be decided bv such coosid- 
erattoDs. Its decision may, indeed, but its truth 
cannot be affected, in the remotest degree, by the 
manner in which the power that we seek to sus- 
tain, mtj be hereafter exercised. If the smaller 
States will receive but little, they require less than 
those of larger dimensions ; and it should satisfy 
their justice, that what they receive will be in 
tbe exact proportion of what they contribute to 
the common fund. The first suggestion of my 
colleague reduces the fund to the least sum propos- 
ed; the last swells it to millions. 

I acknowledge that I most earnestly wish to 
see it augmented to an extent, much beyond the 
appropriation contemplated by the resolutions on 
our table. And when a proper occasion shall 
ofler, I will submit a resolution which I hold in 
my hand, to enlarge it by adding the proceeds of 
sate of all the lands ceded to the Qovernment of 
the United States by the Commonwealth of Vir- 
ginia. The propriety of thus enlarging the pro- 
poeed fund has been suggested to me, as well by 
the general policy of such an augmentation, as 
bj the express terms of the Virginia act ef ces- 
sion, to wnich the United States were a party. 
There is, in this coinpact, a reservation of " all 
' the ceded territory, as a common fund for the 
' use and benefit or the several States, including 
* Virginia, according to their respective propor- 
' tions in the general charge and expenditures set 
' forth in the Articles of Confederation,'' which 
would be found, on comparison, to correspond 
rery nearly with that ratio of distribution, pro- 
rided by the act of the last Congress creating a 
fond for intemai improvement, to which the late 
President refused his assent. 

The compact solemnly subjoins to this reser- 
vation, that ^ this fund shall be faithfully and 
bona fide disposed of for the purpose set forth, and 
for no other purpose whatever." The maxims 
of eood faith, and a p>ositive provision of the Fed- 
eral Constitution, enioin upon Congress the ful- 
filment of this stipulation ; and no mode of giv- 
ing effect to it would better accord with its letter 
and spirit, than a distribution of the fund among 
the several States, for* the purposes proposed by 
the resolutions. 

The sentiment, I know, Mr. Chairman, exists, 
and I regret that it does, that, if a fund be pro- 
Tided for internal improvement, it will be misap- 
plied, to gratify local and sectional interests. An 
efij^toal security acainst such an abuse of power. 
would be created By a distribution of its annual 
rerenue, in conformity with the proviso of the 
Virginia compact *, and if the fund should be aug- 
mented to the extent which I have just proposed, 
such m division of it would not destroy its efficacy. 
It cannot be believed that there exists a single 
State in this Union, in which such a fund would 
not be required, or could not be judiciously ap- 
plied. No part or America has yet reached a 
degree of improvement, which leaves its internal 
intereonrse wiihont a demi^nd for an additional 
road or canaL 

Although all the States, or even a majority of 
them, might not combine in devoting their re- 
spective shares of such a fund to one common 
object, yet some of them occasionally would, so 
as to obviate, in part, the chief inconvenience re- 
sulting from distribution. 

Is it too much to suppose, that there exists 
throughout the United States a patriotism which 
wouldf exult at the accomplishment of a connex- 
ion of the Lakes with the Hudson, by the meant 
of the useful and noble work which New York 
has just commenced, or of that scarcely less im- 
portant, though much less expensive connexion 
between the waters of the Ohio and the Chesa- 
peake, which Virginia has so long contemplated t 
To the smaller States, who are said to have 
least concern in the decision of this question, 
every new cement of an Union, essential, indeed, 
to the future prosperity and happiness of all its 
members, must be peculiarly interesting, since in 
any calamity, which might destniy this great 
bulwark of our common safety, they would be 
thegreatest sufferers. 

With regard to the general character of that 
power which we are now, I trust, about to exert, 
It must be universally acknowledged, that what- 
ever tends to facilitate the necessary intercourse 
between the remote extremities and the common 
centre of so vast an empire, has the same propi* 
tious effect, as would result, were it otherwise 
practicable, from contracting the extent of its 
territory, without reducing its population, im- 
pairing its wealth, or narrowing its resources. 

To the friends of American liberty, who justly > 
regard the State governments as essential parts 
of a Republican system erected on a scale so ex- 
tended as to constitute a cause of alarm, or who, 
with equal truth, consider our union as the bond 
alike of our inaependence and freedom, every 
measure which has the effect of diminishing the 
extent of the one, or of multiplying and strength- 
ning the ties of the other, must 1^ viewed with 
anxious solicitude. 

For Virginia, so unhappily divided on this 
question, it should be enough to silence her ob- 
jections, that, situated midway betWeen the col- 
onies of England and Spain, she constitutes the 
key of that expanded arch, which, stretching 
from North to South, binds the whole Bast in 
union, and sustains, upon its broad and lofty 
summit, our Western Empire. 

Representing a district adjacent to the seat of 
the Gfovernment, I have personally^ or in behalf ' 
of my immediate constituents, less interest in the 
decision of this question, than those sentlemen 
who come from the remote sections of the Union ; 
but who can be insensible to the great purpose 
which should constantly animate lul our labors; 
the preservation and improvement of that noble 
fabric of Government, under which it is alike our 
happiness and our glory to live ? 

Mr. Baldwin followed on the same side, and 
spoke about three quarters of an hour in support 
of tbe resolutions. 

Mr. TnoKBR. of Virginia, said, that he felt him- 
self imperionsly called upon to submit to the 

Digitized by 





H. or R. 

Internal Improvements* 

March, 1818. 

Committee his views on the CoDstitutional ques- 
tioo involved in ibe resolutions under considera- 
tion. In opening this subject to the Committee, 
he had purposely avoided the discussion of the 
Constitutional point, as the report had submitted 
the views of the select committee, and a farther 
disquisition from him would have only led to un- 
interesting recapitulations of what had already 
been advanced. He had, therefore, determined 
patiently to wait till the opponents of the resolu- 
tions bad developed their arguments, and then to 
ask the indulgence of the Uommittee. He did 
not wish to shrink from the duty which had fallen 
to his lot. He did not wish to be chargeable 
with (what could not fail to grate upon the feel- 
ings of any honorable man) quietly standing by, 
and permitting others to fight his battles. Yet, 
so powerful and overwhelming had been the re- 
marks of the honorable gentleman from South 
Carolina. (Mr. Lowmdeb,) that he had been dis- 
posed to leave the question to the decision of the 
Committee, upon the unanswerable argument of 
that gentleman. His friend from Virgmia, (Mr. 
H. NsLsoif,) had, however, by the character of 
bis observations, compelled him to relinquish this 
desirable retirement from the contest. In tke 
conclusion of his remarks, he had said, that he 
felt himself called on to pay some attention " to 
this report from the pen of his colleague.'' Whilst 
I tender to the gentleman my thanks for his at- 
tentions, I cannot but regret the unfortunate pre- 
eminence which has, on this occasion, entitled me 
to receive them. I have before said, and still feel, 
that the duty imposed upon roe is too weighty 
for my feeble strength, but, however nerveless 
my arm, I shall not hesitate to defend myself from 
the attack which has been made upon me. 

Sir, the gentleman from Virginia has done me 
too much honor in associating me with those two 
able men, (the gentleman from South Carolina 
and the honorable Speaker,) in the modern tri- 
umvirate of which he has spoken. He has called 
us the triumvers of the tiroes, and thus seems to 
compare ua with the detested triumvirate of the 
Roman pt^ople. We are, doubtless, under great 
obhgaiions lo the gentleman for those high Qon- 
orSf which he to liberally bestows. It remains 
for us only to divide among ourselves this glori- 
oufi spoil— ici appropriate to eaph the character 
which beloDg8 to him. In this partition, the great 
and commanding talents of my friends leaves to 
me Ehe bi^^-t title to the least obnoxious character. 
The fool Lepidus is not as detestable as the kna- 
vish Aniboay^ or the ambitious Cs^ar. 

But, sir, while the gentleman is $o profuse in 
his compiimenis to us, he tells us of himself, that 
he is bauling for the riffhts of the States, in this 
last struggle with the Federal Government. It 
Is in tht« last of their fields that the liberties of 
the Siate;^ are to be cloven down, and the Federal 
OoTernmvnt la to triumph over theip. Ii is in 
this last field, tlmt the gentleman represents him- 
self as fighting their battles, with an alinbst des- 
perate resolution. He is to be entitled, doubtless, 
10 the distiDguishied appellation of the last of the 
Qreeks, ly^'^^^ he yin^ to' us (he bad eminence 

of a triumvirate. If impassioned zeal and great 
ability, in this great cause, can give to him so 
enviable a title, it must be awarded to the gentle- 
man. He never " bore himself better" m his 
days. I always hear him with pleasure — I always 
confess his powers — but, on this occasion he has 
surpassed any former exertion. How unfortunate 
that this zeal was not as uniform as it was warm ^ 
and that, on former occasions, the same heroic 
prowess had not been manifested in defence of 
the rights of the States ! 

The gentleman told us the other day, that the 
nation would be in sackcloth and ashes, if this 
proposition should be successful. Today he tells 
us, that he retracts the remark. He now hopes 
that the nation will arise in its strength, and put 
down those who advocate these resolutions. He 
no longer wishes the groans of the nation to be 
heard ; he hopes for their reprobation. For these 
ffroans I presume he would substitute their hisses. 
Sir, there is no man who can feel more sensibly 
than myself the disapprobation of those who have 
favored me with their confidence. The distin- 
guished honor I have twice received from them, 
without solicitation, cannot fail to render me 
peculiarly solicitous to merit a continuance of 
their good opinion. But as. on this occasion, I 
am not only left (from the absence of all instruc- 
tions) to follow the dictates of my conscience, 
but am bound by my oath to construe this Con- 
stitution according to my judgment, I cannot i^ 
prebend their censure in following my convic- 
tions. They know well, that the first and most 
important requisite in a Representative is inde- 
pendence of mind ; and I trust I shall never cease 
to evince to them that I am not destitute of this 

But, sir, whilst I cannot be insensible tp the 
disapprobation of the wise and good, I hez leave 
to assure that gentleman, that retirement nas no 
terrors for me. A seat in this House is not so 
highly prized, as to induce me to surrender the 
honest convictions of my judgment to preserve 
it. Nor am I more alarmed at the intimatioii of 
the gentleman, that the report of the committee 
conveys a censure of the Executive. I appeal to 
the candor of any man, who will peruse tfiat 
paper, whether any of its pages contain aa ex- 
pression that can be tortured into such a con- 
struction. None such was intended. But w^y, 
he abks, this discrimination ? Why has no sipai- 
lar objection been made to former message^? I 
am not responsible as to them— but the reason 
for a discrimination seems manifest. A former 
Congress has actually passed a bill imbodytt^ 
the principles of these resolutions* A former 
Executive rejected this bill. When, therefor^ 
therie existed a fair presumption, that the populaf 
branch might a^ain act upon the subject, wlien 
the Executive intimates the futility of sucn an 
attempt — and when the committee were desirotu 
of pressing upon the consideration of the House 
the importance and propriety of renewing the ef- 
fort, it became unavoidable to meet and remove 
the objection then intimated by the President 
In doing this, the course which has been porsiaed 

Digitized by 



msf£Ot,i: of ooif^^RSSs. 


MliiiB, ldl8. 

hterfud l^kprotemenU. 


iabclieted to hive been res]>eetful and decorous — 
#kilst it did not compromit the dignity of ttds 

The gentleman, sir, has accused bis adFersaries 
of ineoosistency. He complains, that we are 
desertiog the great principles of the Republicans 
in 179B, and subrenting the acknowledged rights 
of the States, by a construction too latitudinoUs. 
If ot content With a single intimation of this charge, 
he has made it the commencement and the con- 
cIiiSK>n of his address. He speaks of the " great 
blittle fought** in the early times of the Constitu- 
tion, ^hen the champions of the States Were Mr. 
Madison, the late President of the United States, 
and lir. Gallatin—'* not the Lord Chatham of 
the ministtj, but the Mr. Pitt of the Commons 
Hotise.'* And on what great occasion did this 
celebrated conflict take place? It was on the 
bank bill ! On the question of the establish nient 
of the first bank of the United States, which was 
Vehemently opposed by those two great men, 
arose, as he tells us, the great division of parties 
jfl delation to the rights of the States and the 
Federal Qovernment. It was then that the strict 
construction of the Constitution was contended 
for, and those principles established, in relation 
to its interpretation, the correctness of which is 
not now contested, though their application is 
th^ subject of litigation. Bearing, then, in our 
minds this fact, that the bank question was that 
to which tbie gentleman refers, as ha?ing tried 
the rights of the States, let us see how far the 
gentleman himself is entitled to the applause of 
consistency, in the ut^iform defence of his belored 
State rights. Sir, 1 sliail press this matter upon 
the gettdemHB with no unfriendly feeling. I 
sbBtl put it to him in the same good-humored 
spirit which animated him in his attempt to fur- 
nish eTldence of inconsistency against mv friend 
from South Carolina. I know the gentleman's 
constitutional good humor too well^ and have too 
long experienced his fViendly dispositions towards 
myself, to suppose, that his remarks, in relation 
to me, Were intended, even in the warmth of his 
xeal, to injure my feelings. I shall, therefore^ 
maintain the saine dispositions towards himself. 
But, before I come down to the period in which 
the gentlenum was a conspicuous actor. I beg leave 
to advert to a few fhcts in relation to the banL 

A few years before the expiration of its charter, 
its renewal was proposed ; and Mr. Gallatin, then 
at the head of the Treasury, who had opposed its 
passage, reeotttiDended iu continuance. But the 
gentleman telb us he was no more Mr. Gallatin 
dr 1791, than " the Ldtd Chatham of the ministry 
Wa^ th« Hr. Pitt of the Parliament House.'^ But 
he was not destine long to remain alone in this 
change of his opinions. In a feW years, the old 
bank charter having expired, the subject was 
again revived. The hostile cloud that had loWered 
in the horizon so long, broke upob us at length, and 
dorins the war a new bank bill wasproposed and 
passed both Houses of Congress. When submit- 
ted to Mr. Madison, who has l>een justly styled 
the Champion of State Rights, he rejected it, not 
because it was unconstitutional, but because he 

did not regard its provisions as ex|)edient and 
salutary. The Constitutional .<|u^tion he de* 
claredtobe settled, by the acquiescence andap* 
probation of the nadon, and with a magnanimity 
and modesty peculiar to great minds, he yjeldMl 
to the precedent which had been so decisivdy 

And where Was th^ g^tlemau theft 1 In thii 
second assault upon State rightS2where was tlui 
great defender of the States 1 He Was the« in 
Uongress. Where then was his zaal wbi<sh ha% 
on this occasion, blazed forth with such oonspic 
uoQs brightness ? Unfortunately for the Stain 
it was in dim eclipse. He, too^ voted for l&ia 
bank bill — for the verjr i^rineiple on which ^ tha 
first great battle, in relation to SCate rights, had 
been fought." 

I know that the gentleman considers that rose 
as justified by the situation of the ^ountry. We 
were at war— in danger of subjugation— it wilt 
better to break this ** sacred Constitution^' than 
to be reduced again to colonial serritude. But 
will not the same principle justify the appoint* 
ment of a diemtor i And does the genf ledtat 
seriously believe, that it is better to construe this 
Constitution with so much rigor as (o comfiKil us 
to tear it in pieces during war, thin to give It 
that fair and practical construbtion Which will 
fit the necessities and wants of the nation at all 
times t Is it better to compel the Goveniment^ 
in time of war, to resort to the necessity which 
is above all right, or, br rational interpretation, 
to acknowledge a Constitutional necessity which 
can give right? 

Bbt this bank bill Was rejectet). The cloiid Of 
war Vtis dispersed; the halcyon days of peace 
returned, and the tyrannous nece^ity of war was 
at an end. Another bank bill, in a tiiiie of Pro- 
found peace, was proposed aiiid passed by Con- 
gress, and received the sfgnatoire of Mr. Madisoh* 
Where Was the gentleman then? He was in 
Congress! Where then was his zeal? On the 
passage of the bill to a third reading he was un- 
rortunatelr absent. H^ had no opportuiiitv of 
distinffuishipg himself by his chivalry ou that 
occasion. But, his good ^tars preva(iled, and, on 
a motion to postpone tfaie bill indeAnitely, he was 
fbrtunately m the House. Here w^ a hit op- 
portunity, ih time of profound peace, and on tha 
great <iuestion Which had agitated parries in 1791| 
to rebur to his principles, and pOt an end to th« 
bill— and how then did he vote ? He Wa^ not 
content even to be sileni. R6 voted against the 
postponetnent. which was a vote decisively in 
favor of the bill. The gentleinan now adnjits he 
was in favor of it. 

Sir, I have heard kn old sutesman iaughingljr 
observe, that no man, who had been in public Ufa 
five years, ought to be held to show, that be had 
been entirely consistent in his opinions. Five 
years, it seems, is a good bar to a charge of in- 
consistency. Perhaps it is under this novel statute 
of limitations, that the gentleman, who has lonjp 
been in public life, may be considered as protected^ 
while I, unfortunately, cannot repel his charge bf 

Digitized by 






Memal hnpronemenU. 

March, 1818. 

% similar plet, as this is onlf the third fear of 
mj service. 

Sir, I do not mean, by these remarks, to inti- 
. mate anything improper in the course pursued by 
the gentleman, on the question of the Bank of 
tiie United Sutet. On the contrary, I am per- 
suaded of the purity of bis motives, as well as of 
the then Chief Magistrate's, and, having voted 
lor the bank bill myself, eannot materially dis- 
aest from them in my views of that important 
■leasure. But, when a gentleman, so able and 
ao zealous in the maintenance of his opinion, pur- 
auea a course so utterly inconsistent with them. 
aoae indulgence may reasonably be expected 
firom him for the supposed errors and inconsist* 
encies of others. It is not for men whose path 
has not been direct and uniform, to charge upon 
others, so fiercely, their alleged deviations. It n 
Boi lor them to call down upon their adversaries 
the censures of the nation, for fancied desertion 
of the principles of the Constitution. 

In the construction of this Constitution, there 
ia BOt, there eannot be, a system of orthodoxy. 
Afreeing, as, we do, in principle, there must al- 
ways be a variety in the ap[»ication. The in- 
atntment, conferring upon us incidentaL as well 
m express powers^ there must always be great 
difierences of opinion, as to the ** direct relation- 
^diif^" and "real necessity" of the accessary 
poMra. Nothing can beuer illustrate it than the 
vaiioas shades of opinion on the question before 
iis» Nor are the opponents of the resolution more 
eaaaisttnt with each other than we are. Three 
geatlemen from Viiginia, who have particularly 
distinguished themselves in opposition, all differ 
in essentials. The first gentleman who spoke 
(Mr. Smyth) admits, I conceive, all that I ask, 
in saying, that the revenues of the United States 
may be subscribed in stock to road and canal 
companies, ''as a fiscal operation." But, neither 
of the other gentlemen will yield their assent to 
this position. The same gentleman contends 
that, as accessary of military operations, the ex- 
ecutive and military authority may make military 
toads in time of war, but the legislative body 
cannot authorize them. His colleagues disaffree 
with him. On the other hand, another of these 
gentlemen (Mr. Barboub) admits ** the riffht of 
way," as accessarv to the power to establish post 
loads; but his colleague (Mr. Nelson) denies it* 
This last, in his turn, justifies the construction of 
tlie Cumberland road, which his friend (Mr. 
Babboub^ utterly disclaims. Sir, with tnese 
things belore your eyes, who shall pretend to say 
what is orthodoxy — what is heterodoxy ? It is 
impossible. It remains for us to act according to 
our consciences, without attempting a conform- 
ity to any particular sect or persuasion. 

I should not have troubled the Committee 
with these remarks, but for the course of my 
colleague's observations. He has endeavored to 
excite alarm and apprehension. At what? What 
is this dangerous measure that has so much ex- 
cited him? The improvement of the country 1 
In what manner? is it conteniplated by any 
gentleman to enter the States by force— to make 

roads without their assent — to destroy the pro- 

g^rty of individuals, and to prostrate private and 
tate rights? By no means. It is contemplated 
to do that which has already been done, without 
injury to any one, and to the universal satis&c- 
tion of the nation. It is contemplated, either to 
subscribe for stock. In companies incorporated by 
the States ; or, as has already been done in rela- 
tion to the Cumberland road, to procure the as« 
sent of the Sutes to the construction of public 
roads of great national advantaj|[e, and to acquire 
from individuals the right of using their property 
for the purpose. This is the utmost that the 
friends of this proposition contemplate or inti- 
mate. Let it not, then, be said that the rights of 
the States are to be infringed, since their assent 
is to be obtained ; let it not be said that private 
property is to be sacrificed, since it is only to be 
affected by their own consent, or under suck 
State regulations as are common in relation ta 
turnpike roads. No proposition can be more 
harmless — none can be more beneficial. 

With this view of the plan in contemplation, 
let us proceed to consider upon what principles- 
this Constitution should be construed. Shall we 
give it, what is called by a gentleman, a liberal 
construction, extending infinitely the powers of 
the Federal Government ? Or shall we construe 
it with a strictness and rigor that will disrobe ua 
of all the means necessary for carrying on the 
Government ? Neither ! In construing this in- 
strument, I will not, on the one hand, extend its 
provisions too far: nor will I, like the ffentlenua 
from Virginia, (Mr. H. Nelson,) who has denied 
the right of way, which even his rigorous col- 
league had admitted, act the part of a miser, who^ 
in payiujg away a farthing, examines it with 
scrutinizing care lest it should turn out to be & 
penny. Ttie inevitable efiect of such a construc- 
tion of the instrument will be, that the Govern- 
ment must either fail of its great objects, or that 
it will be habitually broken whenever the pres- 
sure of events shall seem to require. It is better 
to give to it a plain, practical construction, that 
shall suit the necessities of the nation, in peace or 
in war, than to attempt a rigorous adherence to 
the l^ter, which will compel innumerable infrac- 
tions. Thus, to the nation, it would be less op- 
pressive to admit, at all times, the right to make 
necessary military roads, with the assent of all 
parties concerned, than to resort, in time of war,, 
to a necessity above right, and subversive of the 
Constitution, to make roads, od libUum, without 
the consent of anybody. 

Sir, the construers of this Constitution may 
not inaptly be compared to the dramalx$ penotuxi 
of the Tale of a Tub. Peter, John, and Martin, 
represent the three sects of political interpreters. 
I have been solicitous to preserve the goldea 
mean* which is always so desirable. I profess to 
be of the good old Protestant persuasion of brother 
Martin. There are some gentlemen who, like 
Peter, are for adding shoulder-knots and lace to 
the coat, until you will scarcely know it again. 
There are others who, in the eagerness to remove 
what is obnoxious, in tearing offthe lace, pull off 

Digitized by 





Mabob, 181& 

JmtTfUH iMpTO MM6lllf • 


— hera a akere, aa^i th«re a skirt, aad strot about 
in all the roefal oddity of paritaaical plainness. 
1 will follow neither of these. I see nothing so 
technical in the lang aage of this Constitution, as 
to indnee me to give it a very technical constroc- 
tion. It is an instroment formed nnder circum- 
ataaees of great and insaperable difficulties. It is 
a division of one sorereigntjr into two sovereign- 
ties—a division of the attributes of sovereignty 
between the States and the Union — each to be 
sovereign and superior to the other in its appro- 
priate sphere. In short, it is, in some sort, an at- 
tempt to reconcile contradictions, and to effect im- 
possibilities—to create two powers, each greater 
than the other— to define the boundaries of the 
two powers, when, in truth, they run into each 
other like the colors of the rainbow. Already 
have we had repeated and decisive evidence tha^ 
in spite of the great ability and wisdom which 
distinguishes this instrument, it is not free from 
that imperfection which characterizes all human 
institutions. Already, in the military and judi- 
cial departments of the Government, have there 
existed the most serious collisions. They must 
eontinue to exist until the construction is settled 
by practice and universal acquiescence. Will 
gentlemen aUempt to brin^ into the discussion of 
a ooestion like this, the principles of mathemati- 
cal science, or the auenuated loffie of metaphys- 
ics 1 The subject does not admit of it. Tou 
cannot lay down the powers of the Qovernment 
vitb mathematical exactness. Plat down the 
boaodaries of the two sovereignties, according to 
^M principles of gentlemen, and a Kentucky 
land claim would not tihibit more embarrassing 
inteffereocet. Noj sir, it is not a mathematical 
it is a moral certainty, that we are to expect on 
these great questions of political right. And 
how is this moral ceruinty to be better attained 
than by a practical construction, supported and 
fortified by the practice of the Qoverninent, and 
the uniform acquiescence of the nation, in analo- 
gous cases ? This practice — this uniform acqui- 
escence — these decuions of the nation, on Con- 
stitutional powers, which admit not of precise 
defiaitioB, but are rather to be referred to practi- 
cal good sense and sound discretion— these, I say, 
scive as landmarks for subsequent legislatures. 
They are the buoys which the wisdom of the 
nation has fixed, to mark out the channel that 
divides the rival jurisdictions. 

I do not contend, but have explicitly disavowed 
the idea, that we are bound by legislative prece- 
dents aninst the clear meaning of the Constitu- 
tioo. But 1 do contend, that when a principle 
has been long avowed and admitted, and acted 
upon, we ought not entirely to disregard it in 
dfteidiog on a doubtful point. Do geotlemen 
soppose that if; which Heaven permit! this con- 
federation of States shall last for a century, we 
shallythronghout that period, be continually moot- 
iag Constitutional poinu; holding nothing as 
decided ; admittiag no construction to have been 
agreed upon ; and, instead of going on with the 

b osi a ess of the nation, continually occupied with 
Igiiting, over and over again, battles a thousand 

times won ? Sir, I have before cited the strong 
expressions, of the late able President of the Uni* 
ted States and of the present Chief Magistrate, 
when Secretary of War, on the influence of former 
acts of Qovernment, which have been quietly 
acquiesced in by the people and the States. There 
is, as might be expected, great good sense in their 
opinion. It is an opinion peculiarly correct, 
when applied to a Government| which, like ourS| 
provides the means for its own alteration. If a 
power is asserted by the National Qovernmem 
which is conceived not to have been granted, or 
to have been improperly bestowed, the States 
have the power of amending the Constitution 
and prohibitipg its exercise. Hence, when this 
power is not exercised though ihe question has 
been agitated among the Sutes, it furnishes a 
fair presumption that the power has not been 
improperly asserted ; it affords the best evidence^ 
in all cases not admitting of clear and una- 
quivocal exposition, of what is the true practical 
construction of the act of union. Nor is it at all 
a novelty that practice and acquiescence shcald 
receive so much consideration. They often form 
the Constitution itself. What is the constitu- 
tion oC Great Britain but a constitution founded 
on usaffe and long acquiescence ? But, my friend 
(Mr. Barbour) says, that it may be altered by 
Parliament. True — ^let us come nearer home* 
Who made our State constitution? The ordi^ 
nary Legislature. There was no convention* 
The gentleman on my left (Mr. H. Naiiaoii) 
whispers that they called themselves a conven* 
tion. If then, we call ourselires a convention^ 
will it give us the power of altering the Consti- 
tution f By no means. What then aives vali- 
dity to the Virginia constitution? What then 
nukes her citizens look up to it with veiieratioii| 
as the unalterable charter of the Govemmeat? 
The consent, universal understanding, and ac- 
quiescence ot the people I It was formed in a 
moment of difficulty and danger, by the ordinary 
Legislature ; it was promulgated as the frame of 
government ; it has been acquiesced in as such, 
and is now as much the constitution of the State 
as the instrument we have sworn to support is 
the Constitution of this Confederacy. 

It is true, that all sorts of precedents are not to 
be regarded. It would be absurd to speak of the 
alien and sedition laws as precedents. It would 
be absurd to attribute the sanctity of national 
acquiescence^ to measures which were received 
with the deep>tooed murmurs of national disap- 

It majr not be improper, after these general 
remarks in relation to the spirit with which the 
Constitution should be construed, to say some* 
thing on the subject of the terms " necessary and 
proper" in that Constitution. The gentleman 
from Virginia (Mr. Barbour) seems to think 
'* necessary" means, absolutely necessary. [Mr. 
Barbour denied that he had said so.l Sir^I do 
not mean to mistake the remarks of my friend 
from Virginia; and, I hope he does not take 
amiss my mistake. We have known each other 
from our boyisih days, and I have never felt for 

Digitized by 



msioax OF cenraarai. 

H» w R« 

otS^R^NEt ^^MV^'OVVMBi^^b 

in iftbB, ^tMo. 

Th« preseot debftie OMiiot lessen or affeet t4i<tte : 
Mitiinettts. It^n oDiy produce ooe effeot^to 
hMVMMe loy htffh estimate of his abilkm hj Ihe 
ir<lttderfiil ^Bipli^ Hi his powers, which we Iwte 
WiMessed tfa. this present occasion. Anotiier 
gtaileciaii ttiitb, Tirgiina, howerer, has certainly 
«#^ted the idea tlwt ^^neeessary" most mean 
* mol«tc4y neeeseary'' by declaring that we cam 
Mtetoiie no ineidenfal power, unless, withont h 
^e grttot of the ^express power would' be nnga- 
Wry. Bot, fliir, if ^ absolntely necessary" means 
nore than " neeesMiry,*' I ask, by what rigbt gen- 
Ikmim Intorpolate into the Conatitotion, which 
^ey fionetroe so strictly, so fanportent a word ? 
Orlicrtr OM it be said of any one mean that it is 
ibiOliftely necesiBary to effect the end; since, hi 
ahtfoai rrery imaginable ease, more than one 
mean may be conceited of effecting any giren 

The gevtlnman (Mr. BAnBOtrn) certainly has 
oat f widefd that onr right to make military roads 
la tile resolt onW of extremity-*-of an extreme ne- 
oasw ty, which, by the laws of nations, woold gire 
a Yitht to march throngh nentral territory. And 
aaniieiFcally^eliere that, in relation to the power 
tff dairying ^on w«r, we were intended to enjoy 
OHiyihe powers given by the kwsof nations? 
lie t^lft «s we cannot cut a military road, aniens 
onr army shonid be placed in a Atnation from 
%»teinh we cNmld not retreat without cutting one^ 
9M hofW shall it be cut when we are premd fay 
gn oneiayl It wouki be impossible^and thus 
ha ae m s, to use the dear lantuage of the gentle- 
marn from 8outh Carolina, (Mr. LowHnB8,Twhen 
il4s piacticable it Is unconstitutional, and when 
it Is Oaniititutional, it is impracticable. In reply 
to Iha dificnhies suggestea in the report of the 
selact eommittee, in lilation to the transport of 
fliilitary atores and munitions of war, the same 
(an^einan has said, that we might establish ar- 
aemris along the firontier Where arms, ^., would 
be wanting; and that thus it was manifest mili- 
tary TO»ds were not indispensable. My worthr 
friend from Soutli Carolina, who lias too much 
ddicacy to speak disrmectf oily of any argument, 
tes yet so forcibly illustrated the impolicy of 
tttadng onr nrsenals and magaxtnes within the 
jaws of the enemy, that I am satisfied the gentle- 
ttan will }>erceire his system of construction to 
be impracticable and inconsistent with the wis- 
dom and views of the fVamers of the Constitution. 
Sir. the gentleman has told us that, on our prin* 
nlpiei af construction, the instrument is nothing but 
paner and packthread. I will tell him that on his 
prnoiples it is not even that * He shaved it away 
oy bis acnM and ingenious mode of reasoning, 
nniR you may see throush it. It is so attenuate 
as to i>e impalpable, ft is of no practical use. 
l%e Qovernment could never have been set in 
motion upon his principles. la short— this Con* 
ititutloa, which will not permit us to prepare for 
onr defence against a foreign foe— this wonder* 
M instrument, so much the subject of our admi- 
ration, and so xealoutly defended by gentlemi 

it, npon their -priapeiples.n miatfrabiefsrtmit, mn 
•one gun of whidi can %e bronghtto bear npOn Mi 
enemy, while its wliole artillery ia most 'admira- 
bly noiated against the garriaon ! 

Bir, this doctrine of oxiromity maf be, and haa 
been, carried too fa?. It is not conceivable ilMt 
the Constitutional neeesaity, iHiieh %\m frMMia 
of this iastrunvent in«endnd should ^nfer right, 
ra«it be that extreme necessity wliich is mbova 
right. It never could have been intended thnt 
we should be driven lo extremity tefore we cetrtd 
act; that the public enemy muat be npda na'b»' 
Uft^ we can construct a military road. Conaii>> 
tntlonml diffitulties of tihis description, It wouli 
seem, are not confined to this body. In a «(Bnaln 
great city, not a tbonsand miles o% and at a lie* 
riod not a hundred years remote, a great ^ueatmi 
aroee on the corporation's constitmtonal powevc 
to build n bridge. A bridge was erecting, mad 
^eabutmenu oonatrvcted for throwing a oobia 
arch of atoae over the stream which ran througli 
the city, when, all at once, a scruple arcneas 10 
the power of making a stone arch. The hridgn 
makers very ftttrly contend that as thev kai 
power to build the bridge, they possessed ine ae« 
oeasary ix>wer of constructing the arch. But th« 
constitutionalists very ii^niously and snbtily r«* 
plied, that as a bridge might be made of siHstind 
slecners of wood, a stoae arch could not be i^ian* 
Imely necessary ; and the power Was therofom 
not given, unless indeed a caae of extr emity 
shouM exist which might Justify it. Their coun- 
sels prevailed. A wooden bridge was 'erected, 
and the loods came, and the torrents roared^ and 
the conetitutional bridge was in imminent dan*- 
ger of being swept away. Then the eonstitutioa* 
alisCs were heard to ory oat ^ the extremity -haa 
arrived, yoa mny now construct the stone archt* 
bat, alas! it was too late! The workmen pnn 
nounced it impassible ; and the members of the 
corporation, in looking on while the bridge wai 
mingling with the flood^ could bot sigh at the roi^ 
flection, that, by their singular charter, what wna 
practicable was unconstitutional, and what waa 
aonatitutional was impracticable ! 

I shall not prc^nd, Mr. Chairman, to pass ovnt 
the whole ground which other gentlemen h«vn ao 
ably occupied in support of these resoiutiana* 
For this reason I shall not find it neceasary na 
comment nt large upon the meaning of the word 
'* establish" in the post office clause. Whathur 
^establish" means "* caostmet,'* may well b« left 
to atand upon their arguments I will howev^i^ 
add these suggesttena on this point: If the powev 
*^ to esublish seminaries of learning" twd bean 
given, would not that term have Justified ** thn 
construction" of colleges, and the acquirement i»f 
collegiate property ? If the power to <* ettaidiak?* 
post ofllces gives the power to rent or purchnaa 
post officM, w4iich has always been exareiaod 
without dispute, is it not equally £ilr to tiadai^ 
sUttd the power ''to establish" post roads, aa 

giving at least the power to oMke them with tha 
tates' assent? I will also add. the Ariiales (oT 
Confederation did not authorixe the estabks h ma n t 
of post roads: it applied only to post oflkes Whf 

Digitized by 


mnoKt or ooneuBi. 



H. 6P R» 

Ami iPtM <lie oMratr irordi iMirfH, if tsitbtfsli 
Miy Hi^ftiil 10 deifigDMe9 Tho td^igtuitfoti of 
the iAce WM mlway s ft sdBtieiit desigrnacioa 6f 
tlM fCMi4. The argQinefit derires, too, addittotwl 
ftttte fVcn the emttAenmiofi, that the worAi ** tM 
MM Ma^ werB not in the first drai^t oT the 
OeniMlciitfoii, but were iDtefHaed. 

W^mfifW^ part, hoi»eter, lam dkpoe^ to 
eoaiider the power elf iaproTiBg the post roads 
iMier sis an aeeessarf to the power of estahHsh- 

apovt i^eea and post roads. I a«i iodiaed to 
eofiatt«ieii6a, beoaose I km not disposed to 
iWaiA ilie iaeaaiag of any ktm in this CoMtitiF- 
tkm. iwottid assQtne indisputable ground. I de 
ttoi find myself oaUed upon at this time to say 
hfS^ ftir we ean g[o, bat I am satisfied with say- 
ill|(, conftdeatlt , tbat we ean safely go as far as 
is aometaiplaced. It is sufficient for me that we 
Mui ooaatitatioaairy do what the public good re- 
^Birea^ and I do not find it neeessary to decide 
witaiher We can do more. Hence, i haYe already 
Y#tad in the Committee, and shall continue to 
WDSe in the Honse^ against thoee resolutions, which 
aisert the power of Congress to construct roads 
md eaaals without the consent of the States. I 
confess myself, indeed, stronglr inclined to the 
Of iaioo that, in the exercise or these incidental 
nowen^ the assent of theSutes must be obtained. 
I atcted to the Committee, the other day, some 
w soa i for this opinion, iind shaU, before I cen- 
elwdei toaeh upon the soWect once more. 

I^hegemteman from Virginia (Mr. DAnnotja) 
MU mm to me to hat^ conceded here the whole 
mund. 1^ admits the tight of Way to be giten 
ff the f«at ofiee daase; and he further acHnits, 
tbat a pest road once established by Congress 
mmuu be situt ttp by the State; though it may 
tftoOMHrnue the read for ail other purposes except 
ihe iransportatioa of the mail. What, then, is 
1^ inference f Either that the State is bound to 
lieep Mm road in repniv for the use of the United 
States, out of the Seaie funds; or, that the Uni* 
tad States may, with their own Ainds, and with 
tiM Sute assent, put the post road in repair, 
(whivh is the position I contend for ;) or, that the 
pact roads of the Uaited States may be permitted 
as ga tiftirely out of repair, grow up into a wilr 
Aamas, and become imipassable, by which means 
fie ledeial Oovemtnent can neither exercise the 
pawer nor pelrform the duty arising out of the post 

TMs latter Mpposttioa cannot be contend^ 
Air; a«i the gentleman may bave his option as 
•a ike two Ibrmerk For my own part, as a iorer 
9i Smte rigbfis,! should ainoh rather see the Uni^ 
t9d Stales tepairing the roads out of their own 
taiiii, than compelling us to repair them out of 
Mia. It is not diffioult to ilecide which would 
km Ike BKMt daagerous iamsion of State sorer- 

^fke savie guntleman has laid it down as a rule, 
tint there must be a <* direct relation" between 
Ihra express power and the incident ; and it is also 
aottcended, (though the position is entirely un- 
••pponed,) that Ae ineidenml power must not be 
giuatar than the priocipaL It is smrely not diffir 

Cult to show a ^ direct relation*' between the dtny 
of carrying the tnaii and the power t6 tender the 
roads passable. How much less (ttreet in its irela* 
tion is the power of hanging a robber of tlie mail 
under the power of eetaUishiog rhe iroad 1 A«d| 
unless the life of a cititen is considered Wnim* 
{Mrtant, it may also fkirly be aUcged that then 
lis a gtsister disproportion between this powers 
han^aff and Ihe establishment of a road, than be- 
tween the powerof declarii^ tod earryingon W«i^ 
and that of making a military ifoad with a view 
to its successAil prosecution. 

The two gentlemen <Vom Viiginiii, hoirtftisr, 
(Messrs. BARBo^aand IfEi;80M,) and piirticulatfy 
the lasti hare contended, that the following ctause 
in the 8th sectien of the first article Af * the Con:- 
stitucion, prores ^at it nerer was intended thai 
the PederalGtori^nmentshould'acqnireanyrMil 
in the soil, in any of the States, except 9n tne &# 
instances fbere specified. 

That clause is in these words: ^^longress sbaH 
^hate power to exercise ^lolusiTC legislation^ 
* dtc, oc., and to exercise like authority oirer du 
' places pnrshased by the consent of the LegiMa- 
^ tare of the State in which the same shall m, for 
' the erection of forts, masezines, arsenals, doek«> 
^ yards, and other needful buildings." And gen* 
tlemen say, that bad the Conrention contemplated 
the right of this Gk>rernmenc to acquire property, 
«if JiWM^ fVom the States, they would not hare 
conferred expressly these trivial peirers to ac- 
quire smallbiecCs of propeKy for certain specified 
purposes. The argument is incortect. It is found* 
ed on a false tonceptioQ of the passage. It ii 
based on the supposition, that this clause fftfes 
the power to purchase forte, tbt., when e slight 
inspection Will prore that this is net thie. The 
dense gives jurisdiction only ; it dees net gi^ 
the right to purchase. On the conthiry. it for^ 
ttishes to us mi irresistible at^meht, that the 
power of purchase was taken for granted ; for the 
power is not giren expressly anywheve, b«it ihe 
mention of it here, incidentally^ only shows that 
its existence whs, nevertheless, clearly eont^m* 

Sir. this is not only the fair construction ^ 
this euuse of the Constitution, but, I Will proceed 
to show, that, from the commencement df the 
Government to this day, the Federal QovernmeM 
has proceeded upon the presumption, thftt it had 
a ri^ht to acquire pioperty by purchase end by 
cession fVom the States. 

1 Win first mention custom-houses, sAtthe 6t 
which have cbst large sums of money; whe^r 
purchased under the power to regulate cotomel^ 
or the general power here asserted of acquiHbg 
property, the construction Which justifies them is 
at least as latitudinous as that we contend for. 

The Harper's Ferry purchase. We bad th6 
noWer to purchase the site for an arsenal, but we 
had not only purchased this^ but two considera* 
ble tracts of lend, one of. which does not lie 
eotttigacus to the arsenal, but at some distance 
from it. 

The property owned by the United ^States in 
this Districts But as these, together With a va* 

Digitized by 



msTORT OF coNosaen. 


H. OF R. 

Merfud ImprcvemetUB. 

Mabch, 1818. 

tieif of othert, may be soppoted referrible to some 
other power in the Coostitotion, we shall pass on 
to what is more important. 

The purchase of Loaisiana. Where will geo- 
tlemeo, opoD their principles of construction, find 
the justiocfltion of this measure ? [Mr, Nelson 
rose, and referred it to the power of admitting 
new States into the Union. Mr. Babboor said, 
it had been referred to the treaty-making power, 
but, whether richt or wrong, it would not operate 
as a precedent for him.j] 

As to the clause admitting new States into the 
Union, it clearly refers to States to be composed 
oat 01 parts of the United States. If not, yet 
there are two sufficient replies to the argument. 
First, that Louisiana was not admitted as a State, 
bat as a Territory, the property of the United 
States. Secondly, that unless it be admitted, as 
we contend, that we have a right to spend the 
revenues of the Union for the national advantage, 
we had no right to lay out our mone^ in the pur- 
chase of the State, even if we had a right to admit 
it into the Union. And, moreover, the right to ad- 
mit the State could not, of itself Justify the Uni- 
ted States in acquiring for the General Govern- 
ment the immense quantity of public lands which 
it holds in that Territory. 

As to the treaty-making power. This is a still 
more unsubstantial ground to rest apon. For 
there is one principle which, in this House, we 
hold sacred ; that whatever may be the treaties 
made by the Executive, we are not obliged to 
make the appropriation ; still less can the treaty 
eompel us to make an appropriation, which gen- 
tlemen tell us the Constitution does not aothor- 
ize. But, it is further to be remarked, that the 
appropriation of two millions for that purchase, 
was actually made a considerable time before the 
treaty ; so that, unless the effect can produce the 
cause, the treaty cannot be resorted to to defend 
the act. 

The Committee will understand me as by no 
means arraigning these measures, which I deem 
not only Constitutional, but highly expedient and 
bene6cial, but as contending that they cannot be 
jostified, except upon the principle I advocate, 
''that the Federal Government has a right to 
purchase property for national benefit, with the 
national funds." 

The next purchase I shall mention is the Mis- 
siisippi, purchased from Georgia. To get rid of 
this dimcuhy, the gentleman from Virginia (Mr. 
NiLaoM) contended, that it had been conquered 
from Great Britain by the Union ; that Georgia 
had DO title to itj that it never was within the 
•etiled limits and jurisdiction of that State. The 
fact is mist akfQ, and the argument more so. The 
fact is miitaken* To a great part of the ceded 
territory the United States never asserted any 
claims and I understand from a ffentleman from 
Georgia before me, (Mr. Cobb,) that a county on 
the Missis&ippi, called Bourbon, within the ceded 
territory^ w&5 laid off by that State before the ces- 
sion. The argument is as incorrect as the fact is 
mistaken. If Georgia had a title, then we have 
purchased a title to land with our resources, 

which was the exarcise of that very power ia 
controversy; if not, then we gave to Georgia 
$1,200,000 for nothing. Now, if the ConstitaUon 
does not permit us to lay out our monev in ae- 
quiring property, or in giving aid to public im* 
provement, I should be happy if the honorable 
gentleman will point out the clause which aa* 
thorizes us to give away the public money, with- 
out any consideration at all. 

The next case 1 shall mention is the Virginia 
cession, made under the circumscribed powers of 
the old Confederation. If a power to receive a 
cession of territory existed under that instrument, 
it cannot be denied under this. Under that in- 
strument, the immense western territory of Vir- 
ginia, conquered by her arms under the gallant 
General Clarke, was ceded to the Confederacy. 
Will the ffentleman deny the title of Virginia 1 
Will he, the champion of her rights, assert that 
she had no claim to this property ? He will not, 
he cannot. Whilst, therefore, according to his 
argument, the Mississippi cession furnishes an 
instance of our giving away our money, withoat 
consideri^tion, the Virginia cession affords an ex- 
ample of our receiving a valuable consideration, 
without'givinff away our money. 

A strong inference in relation to this power of 
acquisition, from one of the Confederacy, is af- 
forded by this cession of Virginia, made to tiie 
Union not more than a year before the adoption 
of this Constitution. If the convention had not 
intended this power to be exercised, which, under 
the still more narrow provisions of the Confed- 
eration, had been deemed legitimate, why does 
the Constitution contain no provisions inhibiting 
it to the Federal Government? 

Sir, I do not call in question the validity of 
these cessions. I believe them Constitutional; ' 
but as they cannot be supported on the grounds 
assumed by gentlemen, and, as they disclaim the 
only principles on which they can be justified, it 
is to be hoped that, in fulfilling the important 
dutv of supporting this Constitution, they will 
make amends for the errors committed, by rece- 
dipg to the States their respective territories. It 
is not enough for gentlemen to say '* these prece* 
dents do not bind us. We do not justify these 
acts." It becomes their duty to repair the breach 
in the Constitution, bv a prompt repeal of tbe 
unauthorized acts. It thev will effect this, tkey 
shall, indeed, be called the defenders sf the States. 
Georgia sunds here ready to receive back her 
lands and give you your money again ; and my 
parent State l^If you will only recede what siie 
has lavished upon you, she will no longer be 
found begging at your doors for a little bit of 
land to discharge the just claims of her soldiers, 
of which they have been deprived by fraud or by 
mistake, in this very contract, whose validity is 
now called in question. 

I will only add one other instance in relation 
to the United States acquisition of property. By 
the direct tax laws it has been provided that 
wherever there was default in the payment of 
the land tax, and upon the sale of the lands no 
person would bid the amount due, the land should 

Digitized by 





March, 1818. 

hUtmal IntpTov$nSU9» 


W poiehased ibr the use oC the United States. 
Tbe gentleaiao whispers me that they were di- 
rected to he sold again. Bat antil the sale It was 
the United Stales property ; and the resale may 
he made or not, according to the pleasare of the 
GioTeroment. Here, then, is a mode by which 
the Union may be gradually, yet constantly, ac- 
qniiiog property ip the States. If, then, the gen- 
tleman's argument that Congress has exclusive 
jarisdiction oyer all the property it possesses, un- 
der the power to make " needful rules and regu- 
lations'' be correct, here is a mode in which the 
most extensive exclusive jurisdiction is to be 
acquired within the States. But the deduction 
of the gentleman is Incorrect. The fair construc- 
tion of the clause he refers to, when connected 
with the clause in the 8th section on the subject 
of exclusive jurisdiction, does not give jurisdic- 
tion over property thus acquired. It only ^ives 
the right to make rules with respect to its dispo- 
sition and management. 

I shall not detain the Committee with the nu- 
merous instances in which the United States 
have acquired property within the States — some- 
times with, sometimes without, their assent.* 
But, before I quit this part of the subject, I will 
beg leave to reply to the remarks of the gentle- 
man (Mr. Nelson) on the Cumberland and 
Plattoburg roads. These works he has attempted 
(as 1 understand him) to justify. The Commit- 
tee referred to the former, as an instance of the 
appropriation of the public moneys of the United 
States, to the construction of roads through the 
aevend States, with theii respective assent. The 
«ntleman justifies this work, while he opposes 
tae doctrine chat the Federal Government can 
•Bpropnate money for the improvement of roads. 
How does he justify it ? Does he contend that 
we can appronriate to those purposes the proceeds 
of the sales ot public lands, but no other funds? 
If to^ and if an appropriation of this character 
will soiv6 his difficulties, let us appropriate these 
funds for internal improvement instead of bank 
fond. I shall be happy to receive his support to 
lli« proposition. But what difference, in princi- 
ple, is there between spending on roads a dollar 
that came in through the customs, or a dollar 
produced by the sale of public lands? Or how 
does our greater comooand over the fund give us 
ft right to acquire property in one way and not 
in the other 1 The gentleman tells us we bound 
oursrives, by a compact with the State of Ohio, 
U> nudte this road. Can this compact justify the 
act, if it would have been unconstitutional with- 
oQt it? If such compacts untie the Gk>rdian 
koot, then let us make compacu with the respec- 
tive Slates to effect this desirable purpose of in- 
ternal improvement. It is all that we require. 

Sir, the Cumberland road cannot be supported 

* See the finrt volume of the Laws of the United 
Slalei^ (Bioren db Dnane's edition,) pages 664, 666, 
666, 667, 668, 679, 680, 681,683, 688, 684, 685, 686; 
tk» whole of which are occopiad bf a list of the prop- 
si^ of ^ United States in different States of the 

under the act of cession ; it can only he sop|>9rl'' 
ed on our principles. The act of cession provi- 
ded ** that the ceded territory should be consid- 
ered as a common fund for the benefit of the 
members of the Confederation." The fund is 
thus placed upon the same footing with the other 
funds of the United States. There is not a syl- 
lable providing for or directing its application. 
The act which erected Ohio into a State, in di- 
recting the application of a part of these funds to 
the construction of roads, is not, therefore, justih'^ 
fied by the act of cession, but by the general prin* 
ciple that we may expend our funds for the hen- 
efit of the Confederacy ; and the acts authorixing 
the construction of the Cumberland road, (whieE 
have received the sfinction of several Conmsses 
and two Presidents, as also of the Slates of Penn- 
sylvania, Maryland, and Virgrnia,) having origi- 
nated in the act last mentioned, can rest for their 
justification only upon general principles, aad 
not upon anything peculiar in their character, or 
in the character of the fund which has been em- 

The road from Plattsburg to Sackett's Harbor 
has been spoken of in justificatory language. It 
is said the soldiers have been employed on fa- 
tigue duty in making this road. If we have the 
power to make roads, it is all I ask. I care not 
whether they are made by soldiers or citizens. 
Let us— if the calling our laborers soldiers will 
justify the act— increase the number and appro* 

ffiate our funds for doing the work effeetuallf. 
t is said three cents per day additional allowaaee 
is all that it costa the United States. Fifteen 
centa additional is the real sum. But Is these 
any differenbe, in principle, between three eeau 
and three hundr^? It is said the road was 
there before. But is there any difference, in prin- 
ciple, between the right to repair the road, and 
to make it anew? If there be, and the former 
he Constitutional, let us all unite in appropriattM 
funds to repair the existing roads. We shaU 
have enough upon our bands in this view of the 
subject. It is said that this was directed by the 
military authority. And can the military au- 
thority, in time of peace, make a rmid without 
the consent of a State, when the legislative body 
cannot authorize it with their assent ? Sir, I, 
too, approve the making of this road, but not 
upon these principles. 1 approve it, because we 
have a right to appropriate our funds to such 
purposes; because the legislative bod^ did. by 
their appropriation of fifteen centa additional to 
the soldier's pay for this purpose, authorize the 
act; and because, althougn the State assent was 
not formally procured^ there is every reason to 
believe it met with universal approbation. 

I will not detain the Committee by enlarging 
on topics peculiar to military roads. There is no 
power in this Constitution more extansive than 
the war power. It never could have beoi in- 
tended by its framers, who had felt, through a 
lon^ and often disastrous war, the evils of too 
limited powers, that this nation should, in sucb 
trying scenes, be handcuffed and manacled. It 
never could have entered into their views, that 

Digitized by 






Mtnud imptotement9. 

Marchj 1B18. 

tbfs CoDstitotioB only gave such rights, in rela- 
tion to the marching of armies, as the laws of 
nations confer. They never coald have intended 
ihAt our armies should be placed in extremity 
before they could begin to cut a road for their 
^ett^at Or accommodation. They were men of 
tht world and statesman. They knew that, as 
fkr back as recorded history extends, roads and 
bridges were essentials in military operations. 
They iJQUst, therefore, hare intended that the 
power to make them should be Vested in the 
General GoTernment, as accessary to the power 
off imising and supporting armies and making 
war. And this, of itself, furnishes, a sufficient 
answer to the argument of gentlemen "that if 
tht«e important powers were intended to be 
tfiveh, thej would not have been left to be in- 
ferred." If considered as fairly accessary to the 
war ^Wer, it was unnecessary, and would have 
been irapoper to specify them. The principle 
of exposition contended for, sufficiently evinces 
the prudence and propriety of avoiding an expres- 
sion of what was considered as implied. 

Sir, the events of the late war rornish us a les- 
sbn on the subject never to be forgotten. The 
transportation of our cannon to Sackett's Harbor 
cost us, it has been said, one thousand dollars a 
gun, and floury in the Northwest, cost, at one pe- 
riod of the war, ninety dollars a barrel, on ac- 
count of the difficulties of tran^ortation. I have 
before me a history of the Western war, where I 
find it stated, that the extra expenses of transpor- 
tation, jbroceedibg from bad roads, would have 
built a fleet U|)on the Lakes, and that each was- 
oa loaded %ith flour fnever more than eight 
barrels to a load) was obliged to be attended by 
two others loaded with forage. I find, also, that 
to the dnadfui state of the toads, which pre- 
vented the arrival of artillery at the riv^r Raisin 
in time for that disastrous conflict, is attributed 
that dire event, at the recollection of which the 
blood in the veins of every American must run 
badk to its citadel— the heart. [Here Mr. T. 
read) from the History of the Western War, pas- 
sages on these subjects.] 

But, an honorable gentleman from Virginia 
(Mr. Bmyth) tells us. that the power of con- 
fllroeting military roads, at least in time of war^ 
^tots bdoDff to the Executive department of Gov- 
emni«Dt, but that the Legislative body has noih- 
ilig to do with it. This is dangerous doctrine, 
tkty and not more dangerous than ineorrett. How 
do tl^y get the power? Is it expressly given? 
By no means. It is an accessary, it is said, and 
justly too, to the power of making war, and rais- 
ing and supporting armies. But the accessary 
follows its principal. To whom, then, is the 
piineipal power given? To Congress} and if 
the accessary follows the principal, the accessary 
poitrer of makina roads b«loitgs to Congress also. 
it is tmfe, that if Congress makea war apd puts 
an army into the bands of the President, aeces^ 
sity may sometimes comjp^l him to exercise this 
power; but it is a necesmty that only exctuea an 
att which is irregular and at variance with the 
{irioctpftca of the Constltotioa. 

Having occupied already so much of the tink^ 
of the Committee, I shall not take a view of the 
question as it relates to canals, except so far as it 
is connected with the extensive power over Ottr 
revenues which this Constitution has given us. 

This power *^to raise money to pay the d^Mt 
of the Union, and provide for the common dt^ 
fence and general welfare," is one of the ttM, 
comprehensive in the Constitution. By the ek- 

f»ress terms of th6 instrument, there is no o^tfr 
imitation, except that the object of expienditirre 
must either be for the common defence Or gen- 
eral welfare. Indeed^ in the nature of thin^ It 
could not have been intended by the convehtivn 
to specify, in the Constitution, all the purposes to 
which revenue mi^ht be applied. Therie is noth- 
ing more entirely indefinite and general than the 
uses of revenue. Money, of no value in itself, 
except as it will command what we want^ is 
capable of such an infinite diversity of usiea, that 
to attempt to define its application, is to descend 
into the mimUia of human transactions. I can- 
not, therefore, conceive that it was the spirit and 
intention of the clause, to confine the elpeudf* 
ture of money to the objects sp^ified in the suc- 
ceeding enumeration of powers. The gentleman 
from Tennessee (Mr. Jones) has saved me the 
trouble, by his clear and logical argument, of 
showing, that, according to no fair principles of 
construction, can the powers " to borrow money," 
and those which follow in the same clause, be 
considiered as dependent upon this general clause. 
They are all as independent of this as they are 
of each other. Each depends alone Upon the 
commencing words of the section— " Congreai 
shall have power." 

Bat some gentlemen, fearfbl of this ^We^ptog 
clause, as it is called, contend that there is a fair 
implication that the expenditure is to be applied 
to the specified objects \ that upon aiiy other con- 
struction the powers of the Federal Governmeiit 
would be as extensive as the wants of t6e nation, 
and sWallow up all the powers of the Statea. 1 
see no foundation for the implication, nor do I 
apprehend any danger of such an extension of 
power. While in relation to the "coinmon d<s- 
fence," there can be no pretelt for alarm, there 
fteems to me not more reason for apprehension ih 
giving to the phrase " the general Welfare," in 
this clause of the Constitution, its plain and ap^ 
propriatie signification. We cannot exclude Ihem 
from an instrument which we are toM muat be 
construed with so much preciston. How then \t 
this term "general" used? To indicate nattoh- 
ality \ to point oUt that the object of the public 
expenditure must be thd fiatunud we^cari-'^ht 
welfare of the Union as a natit^n — contradistin- 
guished f>otn the welfare of th^ Stat^ a^ mem- 
bers of that Union. Pursuing this plain and 
obvious meaning of the terms, there is no damet 
of the National Ctovernment insiniiating iteefT as 
Hit b^M sugvested* into all thole conceriis whieh 
T^re ua^u^tidnabi^ hiteif ded td be re^ervM hi 
tha StateiSi It id ottiy by atttibtiiing to tbi^ itttk 
'<«ea^nd^ the idea, of « Uilii^enaiity,^' of #hieh it 
is not here susceptible, that any foundation Hkn 

Digitized by 



wsm^^m GB ^ioifsmm 



fttHvnol If^iprffVfftifHH. 


to aflbriM fov 1^9 M«rai wbkh Jni« Vera ei^- 

nt those who apprehfode^ to much from a 
•oositoeiioa of thk eiaime, which woold le«Ye to 
Consress the oniiinited disposal of the rerenues 
of the Governmept^ would cease to be alarmed 
if they would bat reflect, that the unHmited 
|Mawer OTer oar fanda, doea not imply, of oeoes- 
aiif.a power to do eTervtbioff to wmch these 
fnaos may be applied. My right to use ipy owa 
fwdB at pleaaure is always ood trolled by this 
ob?ioQs restriction, that 1 shall oot acquire with 
them what belong to another, withom bis cod- 
atBt« I huTe a right to lay out my mosiey ia the 
purchase of your property, if yoa will sell it to 
ma; but my right to use my money does not 
takf aw^y yoar right to keep your property. 
Tha United Stales hare a right to appropriate 
mOBfif to make canals, it is true, but this does 
Bot giye them a right to seize the proper^ of the 
States, and make canals without their a^ent. 
The power oTer our funds (unlimited except bi 
thjs nationaJUty of the object to which they must 
be applied) does not, therefore, enlarge our pow- 
am ot dimmish the powaia of thA Siatas. 

U is in this, I concaiv^^, the error lies. Onr 
aifarttdes now, jnres^ upon us, what I prasame 
to btfe befit the Federal docArlnea of 1796^-thal 
th^ povei^ to n^ae money to proyide for t^ 
^^maral welfare," eobugea the powers of the 
CNneml Gjoiernment, instead of merely leaving 
it. a discretion in the application of its. fua^S 
to objecto that ate natienal in their eharaatar. 
Suoii la doctrine would be daagerona indeed, aad 
baa therefore a)wiiya been rery properly repelled^ 
BiU the riffki o[ a^yiag the public nftone/ to 
juuoni^ ob>eeta, iiauted and controlled, aa of oe- 

lity it must be, by therighuof the Skates, ia a 
seiuury and Constitutional rioht. The irat 
W4>uld give to the Fadetal (lo?ernment the 
power of making roads and canals in spite of 
tha States; the last only asserts the right to 
spemd onr money in improving the State prop* 
erty, provided the owne» (that is the Statjss) 

give their aaeeat to the improTemani. Thfi first 
) subKersif e of Stale rights, the last admiu 

theia and resects tham. 

ia. this view of the siOQaet to my 
mind QMst mtiafactory* IC it be not founded in 
mf| we have a right to suheqriba to the stock 
of a^y road or canal companies, (whichever iff 
the moei deaimbte mode of* eflecting> oar ol^eotj 
or wc may, with the aaieai, imd und« the kw# 
of the States procat 4 to the epnatioetioo of 
nm49 and c^aU ; tharighui of inOi^duala being 
]p^trcte4 by their Slate Vgislatucei^ and by.thq 
pniTiaiofif of the $th arxicle of the ameadmeou 
lo the Coostitutioa* 

To itl«6tmter thta view of the subject, let me 
aaks if the United Slates had a deep national 
iaterest in thie inuHPVismeat of the navigation of 
the Appalachicola, from the Florida line to the 
GMf, through the Spanish dominiani^ would 
tbey cot have a right to eipend the funds of the 
Uhioa in that national bbiecti wUb.thc assent of 
Spain 1 It. mm ha admi(ted« Suppoaa thiw 

purchase Florida, and it becomes a ^talo, Mi 
the national interest requires the same improver 
ment in the navigation ; can it be contended that, 
thoof^h we had a right to use our funds in imr 
proving a Spanish river, with Spain's aseentK wc 
cannot improve it when it shall become one ^ 
our own rivers, even with the assent of the Stale 
through which it passes ? Again ; It Ib said we 
have now an absolute right to apply the fundi of 
the Union in making a road tbroush Alahamc 
Territory ; can it then be contended that, whan 
it becomes a State, this right to apply our fimda 
will cease, even though the State w^nli a»seai 
to the anplication ? 

It will be perceived that, in every view of tkh 
subject, I consider the avcnt of the Sutee-asia 
term ia the proposition. I do n^t feel myadjf 
called upon to decide whether wa mcy not aaci 
go further, particu^rly in relation to miUtar^r 
roads* It is enough for n^ th^i^t we can apfun^ 
piate ouf funds to this object, which alwcps 
implies the necessity o£ State assent to tkaaVir 
cution of the work* I coniesa layseU; howeyer, 
iocliiied to the opinion, ttmli nccordiaii to a (air 
construction of this instrument. State assent is a 
prerequisite to the execution of any permanent 
national impri^vement* The occasional con- 
suuction in time of wi^r of i^ road for miltery 
purposes, must always be justified, in^ep^adflM 
of as^nu But it is justified by a necessity whJMt 
seta ri^ht t^ naMhS.a^ does not themfora fipti^rif 
•entjsr into this disou^pn* I wilk however, tf||%> 
cinctl]^ state, why I consider the CopistiMlliM a^ 
requiring the assent of the Statce^ W^cvevof an 
incidental power affcctiag. territorial ughita i» lo 
be exerted. 

In the 9th section of the 1st e^idf^ of Aa 
Coi^titution before cit^ where the po,wer of 
purchasing property fqr forts, f^yaw»»iies, aad 
dock; yards, is incidentally mentioi^ Um ppwer 
seems to ha^ve been contemplated aa quaiified 
with the. i^eces^ity of obtaining the c^fcci^if 
the States, Then, I ai^a thus; U, ia ti^a^CM- 
ual ni^ntion of certain incideotai nowers.affeiyi- 
iog territory, (such as purahasiiig land for forW^ 
dbc^) the framr rs of the Constitution vpa^ifaff, 
their un4efstanding that they a^ u> t^^coAsiMtr 
ered an qualified by t^a necessity of p^oiMKiog 
tha assent ot the States, it is iaii; to coocWd 
that whecever iocidaaw powam, wJuch; intiKr 
fere with, ter^iiocial r^ts are to ha fX|Mlfuf» Mw 
must^ba sulject to the same qi|a}ificatipnf Ufm 
the right to make roads as necessary to t^ppn 
p%e claps^ or tha Wftf-o|4|kjup|f powieri ia apjin- 
cidentfi,l.ri|ht, a^^l interferea w^th the, territories 
Tigl^i^ of the Sutfas.^ I aoncli^U^ thcrcfRcar ^et 
it can o|Jy b^ ei^cised with tl^a assent of M|f 

Nor let me be upderstopd to contend thai^ihe 
assent of ^ S^Ue majtea that. Coostitut^M^, 
which waft not so befqra* I copceive the. power 
to be given by thc| Cpo^titutiop, buf tha,tv sfte^c^ 
iog to a fair con^ructioo, it is given with a qfif^U 
ifica(ion that, t^e State a^^t, shall bfi obtfiiniad 
befofa it cf^n be, exercised* 

Such, sir, are o^y idieaa. <i tbjt Cc^M-^M^ 

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MmtTWU /lllfM^0'O61fl6flfiff« 

March, l§18i 

tad of the question before as. I am satisfied 
that the coDstruction which { bare given to it, 
is act calealated to prostrate the rights of the 
States, or to consolidate this confederacy. No 
man can be more alive to the jast rights of the 
States than myself. None can be more sensi- 
. tive than I am as to the interests of my native 
State. But I am satisfied that the principles of 
construction contended for by gentlemen would 
render this Constitution worthless. So con- 
strued, it is an useless hulk upon the waters ; 
worm-eaten, not seaworthy ; and you could no 
more calculate on its bearing you safely over the 
tempestuous ocean of politidal afiairs, than you 
eotild expect your gallant Constitution — the old 
Ironsides of your navy — rigffed with a single 
mast, and her seamen armed alone with blud- 
geons, to return to your shores from the conquest 
•f the Javas and the Guerrieres of the ocean, 
- bearing aloft your flag amidst the acclamations 
of your people, and rendering your exploits the 
enrv ana the admiration of the world 1 

The Committee rose, obtained leave to sit again, 
and the House adjourned about five o'clock. 

Friday, March 13. 

Mr. Williams, from the Committee of Claims, 
kaade a report on the petition of Henry Davis, 
which was read ; when Mr. W. reported a bill 
for the relief of the said Henry Davis, which 
was read twiee and committed to a Committee 
t>f the Whole. 

Mr. Williams also made a report on the case 
of Thaddeus Mayhew. transmitted to this House 
by the Commissioner of Claims, which was read ; 
when Mr. W. reported a bill for the relief of the 
said Thaddeus Mayhew, which was read twice, 
and committed to a Committee of the Whole. 

A message from the Senate informed the House 
that the Senate have passed a bill, entitled ^An 
act extending the time for obtaining military land 
warrants, in certain casee f also, the bill, entitled 
'^An act fixing the compensations of the Secre- 
tary of the Senate, and Clerk of the House of 
Representatives, and of the clerks employed in 
their offices; and ihe bill, entitled ''An act to 
provide for delivering up persons held to labor or 
service in any of the States or Territories, who 
shall escape into any other State or Territory,'' 
With amendmenu to each ; in which bill and 
amendments, they ask the concurrence of this 

The bill fVom the Senate was read twice and 
referred to the Committee on Military Afiairs. 

The amendments to the first mentioned bill of 
tkts House were read, and referred to the Com- 
mittee of Ways and Means. 

The amendments to the last mentioned bill 
were read, and ordered to lie on the table. 

On motion of Mr. Lawtrr. the Committee on 
Pensionsand Revolutionary Claims were instruct- 
ed to inquire into the exp^iency of correcting; a 
Bkistake that occurred in the year 1808, in placing 
Captain Thomas Matchin,an officer in the Rev-, 
4>lotionary army, upon the pension list, at ten' 

dollars per month, when he ought to have bestt 
placed on the pension list at twenty dollars pet 
month, according to the report of the then See- 
r^tary of War, and providing by law for the eor* 
rection of such mistake. 


The House again resolved itself into a Com* 
mittee of the Whole, on the resolutions in favor 
of the power and doty of Congress to authorize 
the making of roads and canals within the sev- 
eral States. 

Mr. PmoALL, of Virginia. — I had intended to 
address the Committee in an earlier stage of the 
debate, but, the silence which the deference due 
to more experienced members impcMed on me, 
has been amply rewarded, for the chief grounds 
of argument on which I had intended to dwell 
have been preoccupied bv ^ntlemen who hare 
handled them with an ability to which I could 
not have aspired. I have risen, however, to no- 
tice some or the positions of those who question 
the power of this Government to apply ite re* 
sources to the internal improvement of the coun- 
try, by the construction or roads and canals — po- 
sitions which have, probably, escaped the views 
of gentlemen with whom I shall vote, or, indeed, 
may have been^ noticed by them, but in a light 
somewhat diffierent from the views I shall tak« 
leave to submit. Gkntlemen on opposite sides, 
in this controversy^ espy the Constitution of the' 
United States in difierent and very dissimilar as- 
pects. Whilst those who affirm our power to 
construct roads consider the Constitution as a 
modification of social compact, defining and con- 
ferring legislative powers; |^entlemen on the other 
side, who deny the power in quesuon, seem to be 
out of humor whenever the instrument is viewed 
in any other than its federative character, or, as 
an international convention, to be construed as 
a treaty between independent Powers. I will 
not undertake to deny the theorem on which 
several honorable members seem to build their 
argumento, to wit: that rules of iaterpretatioa, 
as applied to a fundamental social institution, or, 
to a mere treaty between sovereigns, are different 
as to their latitude of operation; and gentlemen 
(with my leave) may assume, that a treaty shall 
receive a more restrained construction, with re- 

Strd to ffranted powers, than a social compact, 
ut, on the other hand, all should admit that the 
Constitution of the United States is a compaet 
both social and federal in its characteE. Hence, 
it might be supposed that we ought to interpret 
some of its provisions as clauses of a social com* 
pact, and others of iu provisions as clauses of a 
federative alliance* And this, again, ihight in- 
troduce the inquiry, whether those texts of the 
Constitution, from whence we seek to derive the 
power in question, be social or federal in their 
character. I will, however^ beg leave, for a mo- 
ment, to consider our Constitution as a mere fed- 
erative instrument, or treaty, between the twenty- 
States of the continent ; this being the view of 
that instrument which seems so con^nial to the 
wish of those who oppose the rsMlttUona. 

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The CooitilQtioD, then, as a treatT between the 
tereral States, is the object or tobjeet of some 
eommon-plaee rales of eonstractioD, which, if 
aot altogether self-eyident, are so usoai aad uni- 
rersally acknowledged, that I should think it a 
mere waste of time to mention them were it not 
from a persaasion that indubitable results will be 
aacn to flo# from their recollection. It may be 
assamed as a primary rule, that terms or words 
fboad in treaties are to be interpreted in their re^ 
eeired signification in the sense which custom 
has giren them. Again, the custom which pre- 
sides the interpretation is the custom of the time 
in which the treaty was concluded or drawn up; 
and, as language and the customary signification 
of words vary wiUi time, it behooves us, in seek- 
ing the sense of treaties of past times, to know 
theeomflBon sense qf the terms used at the time 
wiwn the treaty was written ; and this can only 
be known (according to national law writers) by 
the works of contemporaneous writen, by the 
eontemporaneovs acts of those concerned, and by 
eariy aeu and interpretations by those who lived 
and acted Hi times less remote than ourselves 
from the origin of the treaty. 

Here, then, we find a core for what I consider 
as the error ci my honorable colleague, (Mr. 
BaftBouR.) when he asserts that precedents are 
to have no weight in construing the Constitution. 
That gentleman insists that precedents are only 
to prevail in the technical proceedings of muni* 
tipal courts, and are to lose all their virtue when 
aMdied to national compacts or treaties. In truth, 
tae a«thority of precedents operates in an inverse 
rfttio, when eomjmnd with the idea of my ool- 
Jeagiie. for the teehiycal rule St the municipal 
eo«rt discards the force of precedent, unless the 
point quoted shall have been directly and ez- 
pccssJy affirmed, denied, and solemnly adjudi- 
cated, otherwise the opinion of the most learned 
jodge would be repudiated as an ob/Uer dictum: 
whoreas.the deliberate, but theoretical disquisi- 
I of those who had an opportunity of know- 

ing tbe motives and objects of the parties are ad 
vmed to in ezpouiidittg national pacts. Tbe 

or politician works with the same 
took that enpioy tbe lawyer, and the difierence 
ia in his occasionally seining other tools to which 
tiM lawyer is not entitled. Tbe statesman may 
•all his sonrees of infonnatlon contemporaneous 
pmetiee, or early practice^ or more recent acts of 
•oMtnction acquiesced m by the parties, 4kc., 
▼•Cy after all, (as I have remarked,) he only dif> 
tmm with the provincial lawyer in resorting to a 
more liberal and extensive use of what may be 
tailed precedents. 

My eolieagne also supposes that legislative pre- 
oadeats prevail in the British Parliament, but 
ought to have no weight in this country. I agree 
that ao act or decision of the British Parliament 
can famish a precedent for us, and that, in oues- 
tioaa of mere expediency,' precedents can have 
bat little, if any, weight in the legislative assem- 
bly. But, with regard to disputes of the bound- 
1 of legislative power, 1 insist that a defer- 
hto prttadcau is the property of the Legisla< 

tore of the United States, and not of the British 
Government. The British Parliament has no 
limitation to its legislative powers, consequently 
precedents can never be resorted to for the pur- 
pose of showiog the precise extent or limits of 
powers which are confessedly unlimited. But, 
although the power of British legislation knows 
no limitation, the separate powers of the respec- 
tive branches of that Qovernment, in their rela- 
tions to each other^ are so limited as to prevent 
collision ; and in adjusting questions of that limi- 
tation, precedents are quoted and are allowed 
their proper weight. Hence, it is seen, that, with 
the British Qovernment, whenever boundaries of 
power are acknowledged, or certain limits pre- 
scribed, the doctrine of precedents, furnishing the 
beacons or line trees in the road of certainty, is 
necessarilv attended to. 

My colleague, in drawing lines of distinction 
between the Parliament and Congress, quotes it 
as a maxim of the British Parliament, that, what* 
ever has at any time been done, maybe done 
again. If tbe proposition, of which this maxim 
consists, had been affirmed by me, as a postulate 
in experimental philosophy, I think my colleague 
would have yielded to iu truth. I presume, how- 
ever, he quotes the proposition in a moral sense, 
and if he thereby meant, that whatever had been 
morally and properly done at any time, might be 
morally and properly done again, I would claim 
that maxim as the property of our Qovernment. 
But there is no sense in which the maxim can 
apply to the powers of the British Parliament, for 
those powers being destitute of limitation, the 
Parliament may not only do again whatever has 
at any time been done, but may do what never 
has been done at any time. The structure of this 
Qovernment has furnished a mean whereby the 
constitutionality of legislative acts may be tested. 
This mean administers itself through the instra- 
mentality of the judiciary department. As laws 
are administered by the judiciary tribunal, it, in 
judging of the validity ot those laws, and in de«> 
ciding on their conformity to the Constitution, 
interposes as an umpire between Congress and 
the people. Now, all will admit, that the Su- 
preme Court of the United States, in deciding 
the question whether a law be Constitutional, 
will give ear to the authority of precedents. 

An appropriation of money to particular ob* 
jecu may beefiected by a bill, which may happen 
to be carried into execution without passtngthe 
ordeal of an examination by the judiciary. 0at| 
after gentlemen admit that the judiciary may de« 
cide on our Constitutional powers, that the judi* 
ciary, in making that decision, will adhere to 
precedenu, and, consequently, that precedents 
have authority whenever an impartial and learn- 
ed umpilre can intervene with its authority ; wiU 
they contend that, in every case where peeulttr 
circumstances enable us to carry a measure Into 
executh>n without tbe aid of the judiciary, and 
where, of course, we must determine the validity 
of the power ourselves, precedents are to be re- 
jected? How happens it that precedent shall 
have (one in settling tha validity of one Coasti- 

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Marcb, 181$. 

tutioDal power, and be rejected when the questioa 
arises od another? Is it because in the latter 
case our infi;eouity enables u? to shun those 
scientific tribunals which the Constitution has 
created for its own preservation ? Myr colleague 
(Mr. Barbodr) warns us of the importance 
of the question now under discussion, and in- 
forms us that unborn millions will be affect- 
ed by the consequences of the decision now 
to be had. But how are unborn millions to feel 
the effects of this decision, unless, being had upon 
full and mature consideration, it be hereafter re- 
garded as a precedent ? Thus, the Committee 
may have observed my colleague rendering (as it 
might be called) his involuntary consent to the 
doctrine of precedent, at the moment when de- 
daring his hostility to its authority. I have 
dwelt thus much on the topic of precedent, be- 
cause I am convinced that the previous acts of 
this Government go to strengthen those who ad- 
vocate the power of Congress ; and because, not 
onjy my colleague, but other members with whom 
I shall have the honor to vote oa this occasion, 
iiave assailed the legitimate authority of prece- 

The very able detail and commentary of legis- 
Istive precedents and official executive opinions, 
which (have been so eloquently dwelt on by my 
honorable colleague, (Mr. Tuokbr,) exempts me 
from the necessity, even if I had the ability, of 
discussing them. Indeed the Committee must be 
convinced that the authority of Congress to con- 
struct roads, as far as the construction contended 
for can be supported by precedents, is fully prov- 
ed. I will almost venture to assert, that gentle- 
men who oppose the power of Congress are ready 
to admit that the power is established, as far at 
least as it can be established by precedent ; else, 
why has my colleague (Mr. Barbodr) resorted 
to the unusual course of denying all authority of 
precedents — a position involving the endless ab- 
surdity of forcing us to ten thousand decisions 
of a Constitutional question, which, after all, 
according to his theory, would leave the same 
qoestioQ undecided through all futurity ? Blse, 
why has another honorable colleague, (Mr. A. 
SifVTH,) when speaking of the previous acts 
and executive reports of the Gk>vernraent, been 
driven to something like harshness of accusation 
agninst Albert Qallatin and others, in whom we 
h%vebeeB«ccttstomed to confide? a resort whioh, 
i linow, was painful to my colleague, and could 
«ily have been justified in his own mind by the 
extreme pleasure which he felt from the antb ori- 
tur of precedents. 

The Committee will remember that the advo- 
entts of the power of Congress to construct roads, 
lasisted that the authority to do so was compr«* 
hesded in the express power to utdbluh fioH 
road$. To this my colleague, (Mr. Barbour,) 
in further prosecution of the idea of the Consti- 
tution being a treaty, replies, that the right of this 
C|overnment, with regard to post rootes, is only a 
right offanage through the country, granted 
by the sovereign power of ooe^ conatry tothQ. 
•ofereign of another. Bot the tlia' 

select committee has shown that a grant of the 
right of passage must comprehend the right of 
repairing or constructing roads through which 
it IS necessary to pass. Vattel, in book 3, chapter 
7, sections 130 and 134, in treating of the right 
of passage, as granted by one sovereign to ano- 
ther, informs us that it includes every thing, 
without which it would not be practicable; that 
tbe sovereign thus passing may, towards render^ 
ing the right effectual, even exercise some of the 
attributes of sovereignty whilst on the territory 
of his neighbor ; for he may exercise military 
discipline on his officers and soldiers, and he is 
only bound to make a just reparation or compel^ 
sation for damages occasioned by the operations 
of encamping, entrenching, dec. If this Gk>vera« 
ment has only the right of passage, it must, by 
the principles of national law, have the right of 
repairing or constructing roads, without which 
that right cannot be exercised with conveniences 
and sometimes could not be exercised at all; and 
must also be entitled to exercise the attribuiee of 
sovereignty, which protects the exercise of tJie 
right. This would justify legislative regulations 
for the preservation of the roads she repairs, d«v« 
ing the time of the continuance of this riglit of 
passage, which is coextensive with the duration 
of our Constitution. Every sovereign thai en* 
ters another territory in his sovereign charaoter, 
does so as an enemy or as an ally : if as an enoi' 
my, the rights of conquest entitle him to make 
and demolish roads at his own pleasure ; if b« 
passes as an ally, and by consent, we hare seen 
that he may make or repair the roads of passage 
during the continuance of his right of passage, 
only repairing tfie damage j>ccasioned thereby to 
others. And the fifth article of the amendments 
to the Constitution of the United States proiridev, 
that private property shall not be taisen for publiQ 
use without just compensation. But these .Tiews 
involve us in refinements that are scarcely tan** 
gible, and my only apology tor indulging in tharn 
is a desire to examine the ingenious argumants 
of my colleagues. In truth, the powers of tbe 
United States in relation to post roads hare no 
resemblance to the mere right of passage; the 
latter is a transient advantage, ceasing tnetoao* 
ment the party has glided through the eoaatryf 
whilst the former is an existing perpetual riglit^ 
The one is the mere boon of hospitality, estend^ 
ed to a guest, whilst the other is the proipertvi^of 
sovereignty, and i& contained among the Ic^aria* 
tive powers granted to Congress. 

But it has been said, that the Unitedl SteieB 
have nothing bat a right of way, on wbiek ibe 
mail may be carried. I had not expeoted tbe-ad* 
vancement of this idea from my coUeagoa, after 
the exceptions so ingeniously and eloquently Jiwge4 
against tbe admisMon of precedents, as too teolmi* 
cal to have any place in the interpretation of 4lie 
Constitution ; for^ no term can he more pectiiiajrif 
technical, than the right of way— which 19 oae 
of the ten incorporeal herediumentS| of whiek 
the common lawyers treat. This GbvemmeiKt 
then, isredoced to the coasi^etation of a haa^ile 
palette, to whofn Virginia' baa granted the right 

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MakcBi 1818. 

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of ewrrying a mail on her roads. Carrv thm r^ 
ftnement oat one step finrther, and it would follow, 
that, for any almse of this ri^t od out part, Vir* 
ffinia mifbt repeal the grant b^ a scire facias, lo 
be proeeeoied on the cbanoery side of some of her 
cpQnty courts. Matthew De Ctaester, in the 
reigo of ^mes I, and aAerwards Manley, about the 
middle of the 17th century, were Boglish sob* 
jects, who held the post office as patentees. Mat- 
thew De doester, to facilitate the passage of the 
mail, might hare bargained and adraaeed his 
money to the turnpike companies, to induce them 
to improve the roads, or he might have agreed to 
work his own laborers on the roads. It is true, he 
could make no laws to govern such objects, be* 
cause the power of legislation, in relation to the 
peat roads, had not been granted to him as it has 
been to Congress^a body that claims not as a prl- 
Tate grantee, but as a supreme power of iesnslation. 

Borne of my colleagues would require Uiis Gov* 
emment, on approacning the southern shore of 
the Potomac, to disrobe Itself of the sovereignty 
with which it has been clothed bjr the people, and 
pass with the mail through Virginia, as any pri- 
▼ttte citizen, yeoman, or b^gar, maj travel to mill 
or market. But a foreign sovereign cannot be 
aubjeeted to the mynicfpal laws of a country in 
which he sojourns. Nay: the laws of nations 
impose a duty on despotic Powers, as well as free 
Qovernments, to issue orders^ or enact Ikws, which 
thall five security to the foreign sovereign, and ex- 
empt nim from subjection to the civil laws. My 
colleagues then, who are so zealous of State rights, 
moKt see the necessity of having State laws to re^ 
olate and protect the rights of this Government, m 
relation to post offices and post roads ; which State 
laws coofd not be enacted, unless bv a resumption 
of les^islacive powers, which have oeen expressly 
granted to the Qovernment of the United States. 

My colleague, (Mr. Barboue) adopts an un war* 
rantable course of ar^meot. If, said he, you 
have the right to construct roads you must have a 
tight to take earth, stone, and gravel, with which 
to make them ; but the Constitution gives you no 
avtbority to take these materials^ and therefore 
foa cannot construct roads. It is true, that the 
Constitution does not, by expressed words, grant 
the power to take these materials, but if it oom- 
wrefaends ttie power to construct road^ (as I think 
ftaa been proved by other gentlemen) then the 
)^opotitton of my ootteagne admits, thal'the au- 
thority to take these materials is a nacesjiary i*- 
efdent to the execution of that power.. My col- 
lemgpne also says, that we have the powei to ouild 
a vavy, but that we have no authority te impress 
the motwtain oak wherewith to build iti I wUl 
a^ stop here to examine the correctness of thia 
atsertioo ; nor will I consume your time by the 
iaquiry, whether timber is not as essential to the 
boilding of a navy, is stone and gravel are to the 
ceoatruction of a road. But I must take leave to 
sabmit to my cotieague this inquiry— whether, if 
this Qovernment has power to build a navy, with- 
out the power to impress timber. It may not also 
have the power to construct roads, withoat the 
amhority to impress stone and grafel? 
15th Gov. 1st Ssss.— 43 

If the power of Congieas to eatabHsh post roadi 
comprehends neither the authoritv to constratt 
or repair reads, nor any jurisdiction over so^ 
roads, the United States' Government will he 
oblig^ to carry the public mails on the roads 
provided by the respective States. Beiag thas 
obliffed to perform this duty, upon the State 
roads, I pray you to solve this inquiry: Is this 
Government, m transporting the mail, to be oea^ 
fined to the public roads of the State, or may 
it use the private ways aad roads alsot If this 
Gtoveroment be confined to the pablio roads, it fol^ 
lows, that, inasmuch as the constr«Mtion, contiaa« 
ation, and alteration, of public roads, are andel 
the entire control or the State Leffislatares, the 
direction and fhcilities of the mail, and whole 
post office police, must be 8Vb|ject to their con- 
trol. But, if this Government has the right te 
carry its maib on private roads also, then erarf 
private oian, who has the control and dirtctien ef 
these private ways, will, as well as the Btate Leg» 
islatures, have the consequent dikeetioa of the 
public maiL 

The public roads of the Slates are subject to 
the jurisdiction of the State Legislatures, br 
whom the superintendence and police of the roeol 
are usually confided to county tribunals ef police. 
If one or more individoalsKesiretheeonstractiett 
of a new road, the opposite parties, whose fnter»> 
esU are affetfted, are sommoned to show canae 
against the establishment of the proposed road, 
aad if no sufficient objection can be shown, tlie 
road may be established. But the respective par>> 
ties oi^a compromise their dtfferenoes, heibfa 
aay decision is made by the road tribunals, whisra» 
by it is contracted, that a certain person, or aH 
the persons in a certain neighborhood, or vieia* 
ity, may have a road through the lands of othera 
on condition that the parties to be benefited shall 
refrain from insisting on the etuMishment of a 
public road. These amicable arrangements llave 
been so usually resorted to in some aectiona of 
the country, as to supersede, in a Aiaaaore, die 
esublishment of public reads; yet, the proprie^ 
tor of laad^ who beeoaies bound by such ieeit 
contracts, is under no obligation to efiea bia 
grounds for the passage of any, exeept uie pev^ 
son, or vicinity, with w4ieh ha has ceiitfacied 
I have travelled three-fouiehe of a day ia Man^ 
land, on a direct course, ia which my whole toint 
passed through, fields and gatea, which the pfOK 
prietors made no objection to pesaing^ ahheagh 
they might have objected to the passage of emty 
one who were not within the purview of tha 
contract ia purBuaoce of which- t^e gaMi had 
been erected. 

I now b^ leave to propoand a simple q«e^ 
tion : Can the United Statea force the passage 
of its mails through the private ways and gafe* 
that I have mentioned 7 If you answer in the 
negative, it hence follows^ that the mast eligtble, 
and, indeed, necessary mail routes may be deflMit*> 
ed, or impeded, not only by each State, but by 
combinations ot neighbors, aad soaMtimes bye 
single individual, in any State. Bat if Toa aaf 
swer in the aSraattva^ by declaring that the 

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Uailed States may force a passage for her mail 
thrQOgh thesegates, then the whole question of the 
power of Congress is yielded to us .; for the Gov- 
ernment may foree or break the locked gates, to 
effect the passage ; and seeioj; that such force is 
the samesort ofpower which is declaimed against, 
with regard to the improyement or construction 
of roads, it must follow that this Government 
most stop and surrender its authority on the en- 
counter of every such |rate; or exert the same 
powers which are sufficient' for the construction 
or repair of post roads. I know that my col* 
leagues will not yield to this Gk>vernment a mere 

S-ovisonal jurisdiction to open roads, when the 
tatee shall have omitted or refused to do so ; for 
they declare that no act, consent, or conduct, of 
tJie Slate Government, can confer any power on 
the General Government, of which it is destitute. 
iBnt, should they yield this point to the General 
Government, upon it would devolve the power 
of deciding whether the rbads of the States were 
ample and convenient for the mails, and the power 
to determine and control this question would 
eomprehend every umpirage over public roads 
that the friends of these resolutions contended 

Sevevalof my honorable colleagues, addressing 
you in the name of ^rglnia, have strongly po> 
tested against infringement on State sovereign- 
ties. In this, my colleagues |)ursue the bent and 
spirit of our native State, which has always oc- 
cupied the front, in guarding against the en- 
croachments of the Federal Government. But, 
if my colleagues, in continually assuming Vir* 
ginia as the heroine or propositus, in every in* 
stance of illustration, have only indulged in an 
excusable resort to homestead pride, knowing their 
liberality, I can readily foresee their readiness to 
yield, that I may consider myself, for a while, the 
advocate of our State. They have exhibited our 
Stale in every attitude of hostility to, or at least 
defence against, the force of the General Gk)vern- 
ment ; and I now ask, that I may be considered 
as Virginia for the moment in which I shall 
continue to occupy the floor. I would then re- 
mind you, in behalf of my native State, that she 
has surrendered to you the great and efficient 
flources of revenue, with powers that impose on 
the General Government correlative duties, or 
obligations of equal extent. Among other im- 
portant delegations of power, is included the le- 
gtalativa authority on the sufbjects of the post of- 
fices and poet roads. On this delegation of au- 
thority, you have (without any question of juris- 
diotioo^ built a department and superstructure 
that yields a revenue of considerable amount 
.This rev^ue is your property, and cannot be en- 
aroached on by the States; but the States, in 
aurrcnderiag to you the Post Office Depart- 
ment, although conferring with it all its inci- 
dental powers, did not mean, in regard to your 
relations with them, to create a mere source of 
revenue in your favor. The Post Office Estab- 
ushment has become a considerable source of 
leveaue to yoti ; you extend its ramifications to a 
great area. I therefore requiae you to support it 

with your own revenue, and apprize you, that it 
is unreasonable and unjust, that you should, while 
deriving so ^eat a revenue from that establish- 
ment in Virginia, require that State, without any 
participation of profit, to incur the labor and 
expense of working roads, on which you are to 
derive and collect this great revenue. In behalf 
of the citizens and landholders. I appeal to the 
fifth article of the amendments of the Constitu- 
tion of the United States, which provides, ^* that 
private property shall not be taken for public use 
without just compensation." 

I confide, that gentlemen who have preceded 
me in this debate, nave proved, to the satisfaction 
of a majority of the House, that this Government 
has the power to construct military roads. This 
power, however, is denied by our opponents ; and 
an honorable colleague (Mr. A. Smytb) insists 
that the power to make military roads arises out 
of the emergencies of war. and ceases with the 
necessity, which justifies its exercise in a state of 
warfare. But in war, military roads are useful 
and necessary only for the passage of troops, iOro- 
visions and military munitions; and, as the Uni- 
ted States employ an army in times of peace, it 
is necessary to have military roads to effect the 
same objects at all times. My colleague f Mr. 
A. SAtYTfi) has been candid enough to admit 
that the United States ma)r subscril^ its money 
in the stock of companies incorporated for pur- 
poses of internal improvement, and the conse- 
quence which will necessarily follow from ano- 
ther principle he has recognised, will, I think, 
compel him to join our side of the question. He 
admits that the power to establish military roads 
exists in this Government; but insists that it is 
a military power, which belongs to the President 
of the United States as commander-in-chief of 
our army, (that is^ to the Executive department.) 
and not to Congress. Permit me now to call his 
attention to the last clause of the eighth section of 
the Constitution of the United States, by which 
Congress not only has the power to make all laws 
which shall be necessary and proper to carry into 
execution its ordinary powerst but ail other powers 
vested by the Constitution in the Government of 
the United State&^or in any department or officer 
thereof. ^If the Congress has authority to make 
laws tp carry into execution the powers vested in 
any department or officer of this Government, it 
must follow that, if the Executive department 
has the right to construct military roads, Coo- 
gress may make laws to carry iu power into ex- 
ecution ; and this is ail that the resolutions before 
ua contend for. I cannot omit a review of one 
ground assumed by my honorable colleague, (Mr. 
Barboub,) which, according to method, ought 
to have been sooner noticed. He states that the 
Legislature of Virginia, in conferring jurisdic- 
tion on the county courts to open and alter pub- 
lic roads, has always paid a proper re8p€ct lo the 
obligations imposeid by tiie Constitution of the 
United Sutes, by provisions that the courts should 
not have the power of discontinuing poet roads. 
The State authorities then possessing the power 
to open a new road from one place to another, 

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Mmmou, isia. 

htl^Tf^Ol /iNpl^OIIII f NC'i 

H* OF R« 

bot no power to diseoatiaae tb< old road, whioh 
is a post road, the old road which mast be kept 
in repair by ezpeDditures, mast be worked by tne 
Bute or by the Uoited Sutes; if, by the United 
States, the question is yielded to as, that this 
Qoyeroment may einploy labor on roads. Bat, 
if it be said that the State is boand to work and 
repair the old road, of no ase but as a mail route, 
it wouid not only follow that the State subjects 
itself to an expense and labor to support the rev* 
enaes of the United States, but, that the ri^ht to 
hare these repairs nade by the State, existing in 
this GoTemment, it must, of consequence, pos- 
MSB the correspondent remedy to compel the 
States to furnish these repairs ; and I mav safely 
submit to my colleague, whether he would prefer 
to safDer, nay, require the United States to work 
ber own post roads, or consent that Virginia 
jhouid become the humble subaltern of the orders 
of this Government, and receive its mandates to 
work the post roads. 

Although I cannot agree with my honorable 
colleague (Mr. Togk£r) that the assent of the 
States is essential to the exercise of our power to 
construct roads, I deem such assent as material 
whenever the expediency of exercising the power 
shall come in question ; and I shall indeed vote 
for the proposition of my colleague, that we have 
the power with the assent of the States ^ for, if 
we have the power withoat the assent of the 
StatesL we surely have it when they assent. 

On first reading the able and ingenious report 
of the select committee, I withheld my assent to 
the distinction it advances as to the different rules 
of interpretation which ought to pervade dissim- 
ilar piovisioos of the Constitution ; as, that oner- 
ous pqwtTM of the Grovernment ought to be 
strietljT construed, whilst beneficial powers should 
admit of a more liberal interpretation. But, by 
more mature reflection, I am convinced, that 
whatever, in a compact, is for the equal and com- 
mon advantage o£ all tne parties, may justly be 
interpreted more liberally than more odious 
clauses, which impose burdens and hardships on 
one of tne parties. And conceiving that national 
improvements tend to the benefit of all, I yield 
my assent to those who liberally expound our 
great charter ; and instead of detaining the Com- 
mittee with seif-n^ade arguments on this topic, I 
must beg leave to refer mem to the second book 
of YaueL chapter seventeenth, the authority of 
which will surely be admitted by gentlemen who 
are determined to view our Constitution as an 
international treaty. 

I will no longer deuin the Committee, but by 
way of eonelusion must enter my protest against 
the scikeae of interpreting the Constitution by 
what gentlemen are pleased to call an invoc^don 
of the principles of the revolution of 1798. This 
invooation ia adverse to the jast and liberal 
views which have hitherto characterized this Con- 
gress, and, withoat adverting to the merits or de- 
merits of either of the old parties, it may be said 
that the annals of contending factions cannot be 
relied on as furnishing correct illostrations of po- 
l^^i^tcvths} and for myaelf at least, I must say, 

that in this, as in every other qaestion^ I choose to 
relv on my own judgment. 

Mr. Oab, of Massachusetts, said, that, in rising 
on the present occasion, he was well aware of 
the danger of having imputed to him a great de- 
gree of insensibilitv, or a still greater degree of 
assurance— for, he had long since observed, that 
the patience of the Committee was exhausted. 
And he could assure the Committee, that he 
should not have entered into the debate at this 
late stage of it, had he felt convinced that no fur- 
ther argum^t, in opposition to the resolutions 
on the table, could be urged; bot, the subject 
was, in its nature, complex, and admitted of great 
diversity of illustration ; and, notwithstanding it 
had been ably argued by the honorable gentlemen 
who had preceded him on the same side, he 
could not feel reconciled to giving a silent vote. 

In ail that has been urged in argument, in sup- 
port of the power contended for, no gentleman, 
said Mr. O., has condescended to inform us, what 
are the nature and character of that power. It 
has been generally said to be a resulting power, 
an incidental power. But this is no dennition 
that conveys any distinct idea of its nature, its 
political bearing on society, its rank in the regis- 
ter of State authorities. Then, sir, as this has 
not been done, I will venture to assign it a name 
and a rank ; and I do, without hesitancjr, pro- 
nounce it to be nothioff short of a substantive at- 
tribute pf supremacy, of high State prerogative— a 
power to turn rivers from the channels which 
nature has assigned to them, and to subvert the 
soil of the citizen, and convert it to public use, 
without his consent, express or implied. It is 
the same degree of power as that, which can take 
the life of an offender against public justice, con- 
fiscate his estate, subject him to attainder and 
corruption of blood. This being the nature of 
the power contended for by the advocates of the res- 
olutions, by whatever mode of reasoning they maj 
have arrived at the consciousness that Congresa 
possess it. I will proceed, said Mr. 0., to examine 
whether it is, in reality, to be found in the Con- 
stitution. But, before! examine that, I willavail 
myself of the sentiments expressed by the hono- 
rable gentleman from Virginia, (Mr. PmnALL,) 
who has just sat down, that the best mode of un- 
derstanding the force of terms, the weight of pre- 
cepts and precedents, is to have recourse to con- 
temporaneous expositions of the things to which 
they are applied ; to this I fully assent— for terms 
may change with time, while jparticular subjecu. 
to which they apply, admit of no change. And 
I go still farther, sir; we mav go even behind' 
contemporaneous exposition of precqits and pre- 
cedents, as applicable to maxims of State gov- 
ernment ; and, on the present occasion, I feel it 
to be necessary, not only to refer to the character 
of our statesmen at the time of the formation of 
the Constitution— but the origin and progress of 
that political science which brought it into exist- 
ence. I proceed, then, to the foundation of our 
political institutions: these were the ancient 
charters of our ancestors, first of Virginia, then 
of Plymouth, and others in succession ; and it is 

Digitized by 






JhU€f9UU ifHptOf^WitlU$» 

M Aftctt, 18t6» 

weU worthjr of [remark, that almost all the de- 
fined powers of Parliament were conveyed in 
tiiese charters to the colonies, by the Crown, in 
right of prerogative. Parliament had no power, 
either over the emigrants or the soil, and the 
Crown exercised a power towards both, that could 
not be exercised towards soil or subject, within 
the Kingdom; but in addition to Parliamentary 
powers, even Crown prerogatives were conferred 
on the colonists; and, with these chartered priv- 
ileges, they commenced in the New World the op- 
erations of Government, each within prescribed 
limits of jurisdiction. From these grants, there 
was orisinally scarceanythiog left for the Crown, 
and, I should say, nothing at all for Parliament. 
Allegiance was due and acknowledged, but ail 
powers essential to the internal government of 
the people, were, by them, exercised by their re- 
spective grants of territory and jurisdiction ; their 
powers to make laws were ample : and they ex- 
tended as well to all jurisdictions, liberties, priv- 
ileges, immunities and franchises, as to soil and 
person. Here, then, sir, is the origin, of the power 
to msike roads and canals ; the power to create 
corporations; the power to govern within the 
colonial limits, and even to carry on war. It is 
not to conquest, to the revolution, these powers 
are assignable — they originated in grant and were 
imbodied into s]rst)em — they were in full opera- 
tion, till usurpation embarrassed them, and then 
came the Revolution, and snatched from the 
Crown the brightest ornament in the colonial 
wreath. Allegiance and fidelity were no longer 
due. It matters not, that the charters were oc- 
casionally infringed, altered, and even cancelled. 

The maxims ofgovernment were the same 

once adopted, they were always retained through 
every scene of adversity. In the Plymouth col- 
ony, which led the way in the North, and was 
similar in its guvernment to all in its vicinity, 
their ordinances respecting the laying out of 
roads, and their proceedings under them, were 
among their early acts of power; and the prin- 
ciple then adopted, as a rule between the public 
and the individual whose lands might be taken, 
has never been essentially changed. It is unne- 
cessary to proceed further to show the origin and 
exercise of the power. The other colonies, under 
various modiScanonsH enjoyed the same essential 
rights by charter, and e xt^rcised the same powers 
hi virtue of It. Well, *$^r, the declaration of our 
independence acknowledged atll these organized 
^djes to be free, siore reign, and independent 
States. All the attributi*s of goternment were 
tbeirtjj and ihey were .'sustained by a people ac- 
cti^tomed to ^xerchQ them with all the ability 
incident to poljtjciit experience, and continued 
lo to be exercised illl iht adoption of the Consti- 
tution, under wbi(?b voa are now legisiatitig. 
Well, sin let me as^k^ if any of the fVamers of the 
Constitution could «rer ha?e imagined, educated, 
as they were, in the school of politics, that the 
power to dirert rirers to artificial courses, to lay 
open tbeetielosures of individuals for roads, fVom 
one end of tht State to the other, without their 
consent, express or im|vlied, passed into the hands 

of Congress by implication ? Is the power con* 
tended for interior in degree to any that is ex- 
pressly granted in the Constitntion 1 And can 
one power of equal decree result from another? 
It has not been conten&d by the advocates of the 
resolutions, that any but the supreme arm of 
State can efiect the purposes contemplated — in* 
deed, it cannot be contended. 

In looking into the specified powers granted to 
Congress, there appears to be great precision used, 
and even minuteness, that nothing substantive 
might be lef^ to incident. It was not sufficient 
to give the power to declare war and leave the 
raising of armies to be inferred, but both powers 
are expressly given, and, yet how very intimate 
is the connexion ! The great objects of the powr^ 
ers granted, were but few. The derangement 
of the internal police of the States was as mnch 
as possible guarded against, consistently with the 
attainment of revenue, the control of onr relations 
abroad, and of physical force at home. 

But, if it could be for a moment (h>fibcfyil, whe- 
ther the power contended for be fncideatallv given 
in the specified powers, it seems to me. that the 
ninth and tenth articles of the amendments of 
the Constitution might pot the question at rest. 
And, I will take the liberty, Mr, Chairman, to 
read them, for. there is not a word of them but 
what is weightv. ^The enumeration, in the 

* Constitution, of certain rights, shall not be con* 

< strued to deny, or disparage others retained by 
' the people." " The powers not delegated to 

* the United States by the Constitntion, nor pro- 

< hibited by it to the States, are reserved to the 

* States respectively, or to the people.'' 

Now, sir, permit me to inquire if these amen^* 
ments were not well understood, in their import, 
by those who use them. ^ The enumeration or 
certain rights shall not impair others retained by 
the people." What ate rights retained by the 
people ? Their soil and their rivers, or they have 
no rights. The gifts of natnre are theirs. The 
soil, secured to them by their charters, by the 
common law, by the constitutions and laws of 
the States, is theirs; and, Congress has no le» 
gitimate power to lay a hand upon it; it woold 
be an act of usurpation, I take the liberty to «se 
the word usurpation, for the honorable gentiema» 
from Virginia, on my right, (Mr. Nblson,) of fkr 
greater experience than myself, has sac me the 
example, and, indeed, in my opinion, it is the most 
apt word that can ne selected. Again, sir, the 
powers not delegated are reserved to the States, 
or the people. What powers are here meant? 
State powers, certainly---powers perfectly Armiliar 
to those who adopted the langttage, bet, mere es» 
peciallv, to those who proposed this amendment ; 
both these amendments were recommended hi 
sttbstance, as well as many others which were net 
adopted, by the Bhate conventions. The meaniof , 
therefore, cannot be doubtful. Thus, then, the 
rights and powers relating to the snbjecfSk em- 
braced in the resolutions on vour table, belong, 
expressly and exclusively, to the Sitfes eed the 

If, yet, however, there remehM a dotftHi t will 

Digitized by 






ifiJtffwA Minpfw/0cwt0ft$* 



pffMMJ-ttiH tetbtr, !■ my ea^taton to remore 
iL I ttOBl it wilt BOt be eootMided, by tmy of the 
boBoCftMt g an df a n opfosei to qm, that, if the 
ftmineia ef ffae Coiutitatieii, apoa a propoeition to 
inaetc aof ipedie additioiHil power, rejc;pted that 

fropotiliaa, aciU, that power might he inferred, 
s^eal^ aoWyOf soTerein power, as great as that 
wiueh 18 contemplated by the reselutiom uader 
' I. If I am right, in this sopposition. I 
le myself, tluit the Committee may be 
it to pause, befbre they adopt the resolo- 
Fdr, at the tiaee of the makiagof the Con* 
stiMitMii, a tetioct propositioa was made, to give 
dmfptm tlie ppwvr to make canals, and the pro- 
pesitaoQ was lejceted. In the written argaments, 
actweeaMr. Jefcfsoa and Mr. Hamilton, on the 
hank f«esti«». in 17M, it was contended, by the 
former, then oeeretary ef State, that the power 
to ineevperate the banc was imeonstitotienal, and 
slated toe rejected proposition to be broader than 
was admittM by his oraonen^ hut the Seeretary 
of the Tieasor^t Mr. Hamilton, admitted, that a 
nr<^w6itio« to giTeCoomss power to make canals 
aad beeft rejected^ And, yet, by constrpotien, 
we aia lo derire a power, not only not gmnted, 
bttt esprcsaly withheld, in tiM amendments of the 
Gonaatatton, which I naTe before spcAea of, and 
whiehy from extraaeoas eridence or Ihots which 
tsanepntd in the body that framed em Constitn- 
tioB^ 11 is most apparent, was never intended to 
be gifen. Sir, it is singmar, that a lapse of thirty 
years skoaU hare made it to appear, that the 

I, in whose wisdom the nation pat great con« 
idanca, weee really ignoiaat ef what they had 


aw and that powers then clearly and expressly 
hheld are net as clearly conferred by the Con- 

*• Words are thingSj'' 

atitnctoii, by implication, 
said the famous Mirabean, and, whenever that is 
the ease, i shall conalvde that words hare ceased 
lo he the trim signs of things. 

BtM^ im ocdcr u> ahviate lol difficnlties, yon pro- 
pose in esereise the power with the consent of 
Ike respective Slstes, and that they shall have 
jnriidietion over the property taken ibr public 
len. By the word " Btati^ in the resolations, is 
meant the Ssate Lraisbiores. Now, it seems 
never to have ensered into the in^niry of any of 
the henomble gentlemen opposed to me, whether 
ar not the Slate Legisiatnpes have the power as^ 
erihed to them. This is taken f>r granted, and 
it is ontainly the easiest way of proceeding with 
Hm aigament. Bnt^ I am induced to call on the 
hoMrabiegentleman fremViiglna (Mr. Piiivall) 
t0 show me the eonsthntion of any one of the 
9mtta ia the Unton, wiiich, upon any ftiir don- 
stnMCitH^enabks its legislature vo transfer any of 
the apppropriate functions of the Slate authorities 
to Coogre»k An<^ if any one soch constitution 
ee«ld be prodoeed, I shonld ^atl for one after 
another^ ttU tha whole tweaty were found to con* 
latn the lef uin'ie provisions^ for, if one should be 
deiaimit, vnor wJiole plan is partial aad imprac- 
icabW. l£ howerer, the gentlemen still prefer 
to aasame tor the State Legislatures, this power, 
ai heinf contained in their constitutions, I will 
Tantdre «pon the task of eonarvverting the facts 

thos assumed. The constitntion of a single State 
is sufficient. I will select that of Connecticut. 
And what is that eonstitntion ? The charter of 
Charles the Second. Now, sir, this charter con- 
tains no provision whatever that would authorize 
the Legislature of that State to n^otiate the 
functions of the constituted authorities of that 
State to the Congress of the United States. And, 
it is equally vatn to look into any other State 
censtitution that has come within my notice for 
aoy such power, express or implied. But, it has 
been contended, by the honorable Speaker^ that 
the oons«it of the State u not necessary to the 
exercise of the power, and other gentlemen have 
advanced the same doctrine, wbile, yet, other 
honoreble |;entlemen, on the same side, insist on 
the necessity of State consent If, indeed, the 
consent contemplated is not essential to the power, 
it wonld seem hardly necessary to be passing 
legislative compliments with the States, on the 
subject; and, I apprehend, such a course is not 
merely harmless. For, as was observed on a 
former day, by the honorable gentleman from 
Virginia, on my \e[t (Mr. Smttb) with great 
truth, you hold up your purse to the State Legis- 
ktnres, as a temptation. And, what is the Legis- 
lature to do, in such a case? They must either 
violate the trust reposed in them by their constit- 
uents, or take your assumed coDstruction of their 
constituttoo, and accept your hoTmt. 

Sir, before engsging in this kind of legislation, 
Uiey should tear up their constitutions, and zive 
them to the winds, and your decrees shoula b^ 
their rule of action. But suppose, Mr. Chairman, 
that seme of the Lesislatures, by the high au- 
thority of a decision of Congress to guide them— > 
the bom§9 beinff also set before them — should de- 
termine that bv their constitutions they really 
have the legislative and conventional powers 
ascribed to them, and should actually pass such 
a law as is contemplated ; the members of such a 
Legislature, it is to be recollected, are not the 
beings of a day; and the people, dissatisfied with 
their past conduct, might return others in their 
place, aod these repeal the law of the former* 
what would then be your answer to the second, 
the repealing law? It would be this: that the 
first law was a contract and that the second| 
repealing it, would impair the obligation of that 
contract, and would be void by the Constitutioou 
Thus, by the act of a single Legislature, elected 
for a year, you determine the destinies of the citi- 
zens and State governments on this subject for* 
ever. It has been stron^y cootended by the hon- 
orable gentleman from Virginia, before me, that 
legislative precedents ought to have weight ; and, 
in the sense in which he has explaioed the sub- 
ject, I do not dSssent fVom the doctrine. Prece- 
dents that infringe no right may well be a rule 
of legislative economy; but i>recedents against 
the exercbe of power are very insignificant; pre* 
cedents against power are vanity — ^a mere gossa- 
mer. No regard isgeneraily had to such precedents. 
But, what are precedents in fkror of power- 
assumed power f These are the bolts— the rivets 
of chaitts*-and are difficult to be broken by the 

Digitized by 






Iniemdl I wipro te ma nti. 

Mimofi, ISIfe. 

arm of legitimate authority. When they yield, 
it is commonly to the strong power of Insorrectioa. 
But, with regard to precedents applicable to the 
present subject, none hare been aaduoed which 
seem to me to be appropriate. The laws estab- 
lishing the banks hare been referred to, but they 
haye no analogy to the present case ; and if they 
had, there has oeen no consistency of decisions 
on the subject The decisions are both ways, 
and therefore go for nothing, eyen if legislatiye 

Srecedent could be for a moment admitted to 
etermine the construction of the Constitution. 
With regard to the bank, it is unnecessary to 
admit or deny its constitutionality, in discussing 
the present subject. I obserye that some of the 
State Le|[fslatures propose taiing the stock. In 
the practical operation of the bank, there is no 
doubt it is injurious to State institutions of the 
aame kind, as its branches are extended through 
the States of the Union. Similar State institu- 
tions in Massachusetts haye yielded a reyenae of 
fifteen thousand dollars, from a tax laid on their 
capital stock, which has been applied to the sup* 
port of her literary institutional, while the Branch 
Bank of the United States is free from such a 
tax. I will not digress further from the subject) 
but return for a moment to the subject of preee* 
dents ; not because I consider it intrinsically im- 
portant, but because it has been urged upon the 
consideration of the Committee with great zeal 
and ardor. The Cumberland road has been ad- 
duced, and for aught appears, the law respecting 
it passed without a moment's consideration upon 
the constitutionality of the measure : and if so, it 
is entitled to no weight whateyer. The purchase 
of Louisiana is in no point analogous. The ex- 
press pK>wers of making war and peace render the 
acquisition of lands, without the limits of the 
States, subject to the rules of war and of the 
treaty-makmg power. The design of war is con- 
Quest, and an enem^r is to be followed into his own 
dominions, if practicable and necessary, and his 
tenitory is acquired by force, by the laws of war, 
which Congress haye an express power to declare* 
Tbe war ceases in yirtue of the treaty-making 
power, and it is in yirtue of this also that the con- 
quered or other lands may be ceded for the ben- 
efit of the people. There is another kind of pre- 
cedent alluded to, as well in the report as by 
gentlemen in argument, the expenditure of money 
for charities, public buildings, books, ornaments. 
It is not certain that the trustees of the public 
money haye always applied it to the best possi- 
ble purposes. But there is a sensible difierence 
between applying it to improyident or useless 
purposes, and employing it to assume power and 
subyert right. The difierence is easy of illustra- 
tion. If I employ a factor to dispose of my chat- 
tels, and yest the proceeds in stocks, it is merely 
a breach of trust, if he apply the money in 
schemes of his own deyising ; but, if he employ 
the money to subyert my soil, and divert my 
water-courses, this is a yiolation of my rights. 
Yet, both of us misht agree to this intermeddling 
with the soil and Uie streams, when there was an 
outstanding title in the estatei a mortgage, or 

other beneficial interests and if the propiftetor:of 
that interest should neither be cpnsultad aar re- 
garded, his rights would be yiolated. And this, 
sir, is precisely the case before the Ctimmittet; ' 
The people wonld haye no rii^ts, but in XUm* 
gress and the State Legislamres, according to the 
doctrine contended for, and stUl the Consdtiitioii 
determines it to be otherwise. 

Sir, there is no agreement among. the adro^ 
eates^f the resolutions on }roar table. Some find 
the power contended for in almost all parts of 
the Constitution ; some find it absohile, others 
incidental ; to proyide for the comoion defence 
and general welfare, giyes it ; to make and carry 
on war. gives it ; to reflate eammeree, and to 
establish post offices and post roads, gire it. The 
honorable Speaker has contended, that the power 
to establish post offices and post roads, ui the 
power to make them. But I cannot accede to 
this doctrine. I cannot, consistently with the 
dignity of this body, condescend, Mr. Chairata*] 
to quibble about the wori esublish. I will at- 
tempt a fair explanation of it e The subjects to 
which it may, with propriety, be applied, must 
determine its import. Its most common and 
appropriate application is. to particular modes, 
accidents, or <][ualities, of tuings existing. But it 
can seldom, it ever, with propriety, be applied to 
the formation of things, by mechanical or other 
manual labor. You would not ask an artificer 
to esublish you a ship^ a coach, a suit of elothesw 
Neither, when a law is passed or made by Con- 
gress, can it be said, with any propriety of Ian- 
gusge, that the law is established. But, if a point ^ 
m dispute, arising out of that law, should be de- ' 
cided in a court of justice, the law upon that ^ 
point would be established. There have also i 
been adduced, from the Constitution itself, in- i 
stances of the use of this word, to show it to be* 
synonymous with make or construct. The first 
instance that occurs^ is in the preamble, where 
it is declared, that the Constitution is formed, - 
among other things, to ^ estafaltsh justice." It 
must be obyious, at first thought^ that jnstfoe is 
of higher origin and greater amiquit|r, than the 
Constitution^ and, when conrts of justice are 
said to be established, the meaning is, that a qual- 
ity is conferred on men, to tr^r eai^es, and estab- 
lish poinu of law. The plain meaning of this 
clause of the Constitution, according to my uq«> 
derstandiog of it, Is, that certain towns and TiUages 
shall be designated in parts of the coantry where 
ciyiiized society resides, and such society shall 
be accommodated with a conyeyance by thepub- 
lic agents for their letters and newspapers. They 
are entitled to this beneficence no longer than: 
their roads will admit of it. 

As to the power to regulate commerce, I can- 
not peroeiye now the power contended for results 
from that, especially as there wouhl be no limit 
to your results ; lor public markets, corporations 
with particultc priyii^es,and commercial wantiL 
with an Infinity, of other restating powers, wonia 
necessariljr follow in succession. The first would 
be usurpation, and then another, and ansthei!. At- 
the first, therefore, I should tay, stand cC I vill 

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ICabob, 1818. 

Memal lrnprove m eiU9. 

H. OP R. 

suTOOse, bowefvr. that yoor road was actaalfy 
made and fornished with all its agents, superia- 
tendentsjsanrevors. The State is toharejarisdio- 
tion OTer it ; thejr shall poaish felonies and mis- 
demeanors committed upon it. But what is to be 
done if the State suffers obstrnctioos to be erected 
upon four road, and neglect to interpose their 
authority 7 You will then send a platoon, I sup- 
pose, to supply the place of authority. Again, 
what character is your road to hare f Is it not 
to be the highway of the United States, and a 
proper subject of negotiation as to its use, in ex- 
change for an equivalent? To facilitate com- 
merce in peace, and approaches in war, your 
road is made from Maine to Canada, it may be 
supposed, altogether commodious for passing be- 
tween New Brunswick and Canada. Will you 
graht the use of it, by treaty, for British troops, 
passing between the two colonies, in exchange for 
some advantage of commerce to the West In- 
dies 1 Then, should the standard of revolt be 
raised in the Canadas, your road, and its borders, 
would be turned into a theatre of warfare, and 
that in diract violation of Constitutional rights. 
In time of war, let the laws of war govern i in 
peace, prepare for it by Constitutional means 
only. It is sufficient to resort to the law of ne- 
cessity when ail others are insufficient. The close 
of the lon^ series of calamities which have passed 
in succession before us, seems not to require any 
unusual, any untried schemes of aggrandizement 
of power. Inpursuit of these objects, we have 
seen the Old World in constant eonvoitions for 
more than twenty years. The passions of men 
were there moulded to a ferocity exceeding the 
fiercest tenaat of the forest. Human sacrifice, 
by human hands, was the ordinary work of the 
day — it was brought into system. Justice and 
humanity ceased to be the signs of merit. Atn- 
bitioB swallowed up all subordinate sensations 
of the heart; and the air was constantly rent with 
shouts and acclamations of Yietorious war, while 
the earth groaned with the miseries of the fallen. 
In fine, sir, the genius of destruction, the destroy- 
ing angel, was commissioned aad let loose upon 
the world ; and, from the burning deserts of the 
South, to the frozen regions of Siberia ; from 
the ladies to the western limit of the Old World, 
all felt the vengeance of his arm, the blast of his 
wiags. But the Old World was too narrow for 
the fulfillment of his commission. We have 
seen him on the ocean, a witness to scenes of con- 
flict, when our own aj^proached an enemy's ship, 
close and terrible, but in no measure doabtfni. We 
hare seen him on our Atlantic shores; in the 
North ; in the West. And here, sir, in our own 
dominions, his dread commission was closed-* 
and it nay be said, without imputation of osten- 
tation, that he imprinted the word " victory" on 
our national banner, and retired from the world. 
All was instantly a calm. We look back on the 
mighty spectacle without the power to grasp it, 
even by the efforts of imagination. We are con- 
founded by the awful grandeur of realities in his- 
tory, which have been witnessed in our own 
days. No period since the existence of the world 

is to be named with it, and none can be imagined 
as probable in future ages. In the calm o? the 
present moment, we are called upon to legislate. 
as if another similar period were at hand. Sir, I 
repeat^ I would always be prepared for war, but 
prepared according to the dictates of sound dis« 
cretioo, in apportioning the means to the occa- 
sion. &ut especitlly would I avoid even the 
appearance or encroachment on vested rights, 
when the imperious law of necessity makes no 
demand of it. 

I do not consider, Mr. Chairman, that the stip- 
ulation in your resolutions to give an equivalent 
for the property you may takcL in the exercise of 
the power cootemplateu, is or the smallest im-* 
portance. There can be no equivalent for righta 
seized upon. The laws of the respective Statea 
have established the mode^ the process by which 
the individual may be divested of the use of hie 
property for the public benefit, and, by the con- 
stitutions and laws of some of the States, ther« 
are some kinds of privileged property which can* 
not be taken in the ordinary administration of 
such constitutions and laws. The right, to be 
heard in the courts established to adjudicate oft 
this subject, is a vested right in every individual. 

I have hardly thought it necessary to advert 
to arguments founded on a supposed analog, 
between expending money for building light- 
houses, purchasiog a library, paintings, and mak- 
ing charitable or honorary gihs to the proposed 
objecta of expenditure in the resolutiooe. Sir, 
there is no exercise of power in all this, that may 
not be exercised by an individual. He may 
boild a house and ornament it, or he may place 
it on a promontory and light it up in the night for 
the benefit of the merchant and mariner; but 
there is really nothing of analogy, that I can per- 
ceive, in the nature of the case. 

Mr. Chairman, I will touch but one subject 
more, and that briefly. The measure in contem* 
plation, if carried into efiect, must pervade the 
whole system of State aad municipal authorities, 
and impair the vested rights of innumerable cor-- 
porations, who have virtually the faith of their 
States pledged not to admit so powerful a com- 
petition as the Congress of the united States to 
the exercise of the tunctions of those institutions* 
The honorable Speaker has seen fit to introduce 
the letter of the ^^ Father of his Country" to the 
President of Con|[ress, stating, among other things, 
that the Convention had kept in view *' the con- 
solidation of our Unions" Sir, the consolidatioB 
of our Union is essentialiy different from a con-* - 
solidation of the States and their definite powers 
—the one is the ceaMut of your marble, the other 
the chemical process that dissolves it to a rude 
unformed mass. I agree with the honorable 
Speaker, that we are one family, and that the 
good of all is to be consulted. But, sir, it is never 
to be forffotten, that we are a family by affinity, 
and inhabit distinct apartments of the political 
edifice. Yon hold the upper loft of the same edi* 
fice^ I would be cautious of enlarging the ave- 
nues to these different apartments now harmo- 
niously governed by their ocoupanta ; but, espa- > 

Digitized by 






Inksmal hnf rov m utUi. 

Ma«9b, isia. 

ciaUy, I wonlcl sot rfioove th« frndiU^ac, (#r ia 
tjb» operation eren the pillara mnit bt swept 

Sway, and your superstruoture fall into ruios. 
1*1001 thevfe roins would be moiUded, by the hand 
o£ faolioo, a atupeadous deapotisBi, Bplecdid in 
armor, but terrilBo in aspect, gigaotic io power, 
leleotlesB ia the exeroiie of it; every Toioe that 
should be heard in support of our expiring iiber- 
Ue« woiild be silenced ; every arm that should be 
laised ia their defence would be paralysed-— 
smitten off. 

I would, therefore, not rentore hastily on ei- 
p^lments which tend to blend or eonfuse the 
powers of our political institutions; but, with a 
serapulous care, would leave no means unessayed 
to protect all, and hsnd down to posteritv taat 
ipreat body of National and State rights and priv- 
uegesi which we have derived from the wisdom, 
the valor, and the blood of our fathers. 

Mr. Clay said, that he had been anxious to 
oatoh the eye of the Chairman for a few mo^ 
mants, to reply to some of the observations which 
had fallea from various gentlemen. He was 
aware tha^ in doing this, he risked the kss of 
what was of the utmost value— the kind favor of 
the House, wearied as its patience was by this 
pioUmged debate. But, when he felt what a deep 
interest the UnioA at large, and particularly that 
quarter of it whence ha eame, had in the deeision 
of the present question, he could not omit an op* 
portunity of earnestly urging upon the House the 
propriety of letainiag the important power which 
that question involved^ It will be recollected, 
said Bart C, that, If unfortunately there sho^d be 
a majjodty both against the abstract proposition 
aseertuig that power, and against its practical ex- 
enution, the power is gone forever-*the question 
is i^ut at rf St so long as the Constitution remains 
as it is; and with respect to any amendment, in 
this particttUir, he confessed he utterly despaired. 
It would be borne in mind, that the biU whioh 

Ed Congress on this subject at the last session, 
}psn rejected by the late President of the 
id States; that^at thecomaMncement of tJie 
Meoent session, the President had communicated 
hisxlear opinion, after every effort to come to a 
dtferent conclusion, that Congress did not pos- 
sess the power contended for, and had called upon 
us to take up thesolqect in the shape of an amend* 
ment to the Constitution; and, moreover, that 
the predecessor of the present and late President 
had also intimated his opinion that Congress did 
not possess the fomet. With the great weicht 
and authority of the t^inioM of these disun* 
gmahed men against the power, and with the fhct, 
solemnly entered upon the recofd, that thiaHouse, 
afiar a deliberate review of the ground taken by 
it at the last session, had decided against the ex- 
isteaeeof it,(if such tataily should be thedecisioa,} 
the power, he repeated, was gone, gone forever, 
mUesa restored by aa amendment to the Consti- 
tution. With regard to the practicability of ob- 
taining such an amendment, he thought it alto- 
gether out of the question. Two different de- 
scriptions of person^ entertaining sentiments di- 
recily QPpMed, would unite and defeat such an 

amendment; one eml^oing those who believed 
that the Constitutiod, (airly interpreted, already 
conveys the power, and the other, taose who think 
that Congress have not, and ougtit not to have it« 
As a large portion of Congress, and probity a. 
majority, believed the power already to exist, it 
must be evident, if he were right in supposing 
that any eonsidemble number of that majority 
would vote against an amendment which they 
did not beliete necessary, that any attempt le 
amend would faiL Considering, as he did, the 
existence of the power as of the first importance^ 
not merely to the preservation of the Union oi 
the States^ paramount as that consideration ever 
should be over all others, bat to the prosperity of 
every great interest of the country, agriculture, 
maaunotures, commerce, in peace and in war, it 
becomes us, said Mr. C, solemnly, and deliber* 
ately, and anxiously, to examine the Constitn* 
tion, and not to surrender it, if fairly to be col* 
lected from a just interpretation of that instru* 

With regard to the alarm sought to be created, 
as to the nature of the power, by bringing up the 
old theme of *^ State rights," he would obMrve, 
that if (he illustrious persons just referred to were 
against us in the construction of the Constitution, 
they werp on our side, as to the harmless and 
beneficial character of the power. For it was not 
to be conceived that each of them would have 
recommended an amendmeat to the Constitution, 
if they believed that the possession of such a 
power by the General Qovernment would be de« 
trimentaL much less dangerous to the indepeadr 
ence and liberties of the States. What real ground 
was there for this alarm? Gentlemen had not 
condescended to show haw the subversion of the 
rights of the Stales jaas to follow from the exer- 
cise of the power of internal improvements by 
the General Gonrrnment* We contend for the 
power to make roads and canals to distribute the 
lotelligeQce, force, and productions of the country 
through all its parts; and for such jurisdiction 
only over them as is necessary to their preserva- 
tion from wanton injury, and trom gradual decay. 
Suppose such a power is maintained, and in full 
operation ; imagine it to extend to every canal 
made or proposed to be made, and to every post 
road, how inconsiderable and insignificant is the 
power, in a political point of view, limited as it 
IS with regard to place and to purpose^ when con- 
trasted with the great mass of powers retauaed 
by the State soveidgnties ! What a smaU sub* 
traction from that omms I Bven upon thoee reada 
and canals the State governments, according to 
our principles, would still exernise jurisdictiiOA 
over every possible case arising upon them) whe- 
ther of crime or of contract, or any other hamaa 
transaction, except only what immediately af<« 
fected their existence and preservation. Thna 
defined, thus limited* and stripped of all factitiona 
causes of alarm, Mr. C. would appeal to the dia- 
passioaate candor of gentlemen to say, if th* 
power really presented anything frightful in it? 
With respect to post roads, our adversaries admit 
the right of way in the General Government* 

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Inismttl /infr piw in wl n. 


There had beanv^b^^e^er, on thasqiieeUoB some 
instances of coomcty which badpassedaway with- 
om any serious difficulty. Conoeeticut| if he 
had been righdy informed, had di^puied at one 

Siriod, the rkht of passage of the mail on the 
abbath. The General CfovernBient persisted in 
the exercise of the right, and Connecticat herseU^ 
and everybody else, acquiesced in it. 

The gentleman from Virginia (Mr. H. Ssw- 
aoif) has contended, Mr. C. continued, that I do 
not adhere, in the priDcipIes of construction 
which I apply to the Constitution, to the repiU>- 
Iican doctrines of 1798, of which that gentleman 
would hare us believe he is the constant disciple. 
Let me call the attention of the Committee to 
the celebrated State paper to which we both re- 
fer for our principled la this respect— « paper 
which, although I had not seen it for sixteen 
Years until the gentleman had the ppliteaess to 
furnish me with it during this debate, made such 
an impression upon my mind, that I shall neyer 
forget the satis&ction with which I first perused 
it. I find that I had used, without having been 
aware of it, when I formerly addressed the Com- 
mittee, almost the identical laoouage employed 
by Mr. Madison in that pa|»er. It will he recol* 
lected that I claimed no right to exercise any 
power under the Constitution, unless such power 
was expressly granted, or necessary and proper 
to carry into eSect some granted power. I hare 
not sought to derive the power rrom the dause 
which authorizes Congress to appropriate money. 
I have been contented with endeavoring to show» 
that according to the doctrines of 1796, that ac- 
cording to the most rigid interpretation which 
any one will pot upon the instrument, it is ea- 
presslj given in one case, and fairly deJuoible in 
others, f Here Mr. C. read sundry passages from 
Mr. Madison's report to the Virginia LeffislatiAre 
of an answer to the resolutions of severed States, 
concerning the alien and sedition laws, showing 
that there were no powers in tho Qeaeiial Goveio- 
meat but what were granted, and that, whenever a 
power was claimed to be exercised by it, snch 
power must be shown to be granted, or to be aecea • 
mxj and proper to carry into effect one of the speci- 
fied powers.] It would be remarheilf Mr. C. said, 
that Mr. Madison, in his reasoning on the Con* 
stitutio0| had not employed the language fashion- 
able during this debate j he had not said that an 
implied power must be absolotely necessary to 
carry into effect the specified power, to which it 
ia apportenan^ to enable the General Qovern- 
ment to exercise it. No! Mr* C. said^ this was 
a modern iaterpreution of the Constitution. Mr. 
Madison had employed the language of the in- 
stroment itself, and had only contended that the 
implied power most be neees^ry and proper to 
cany into efiect the specified power. He h«4 
only contended that when Congress appUed its 
lonnd judgment to the Constitotioo, in relation 
to implied powers, it should be clearly seen that 
they were necessary and pio{>er to effectuate the 
ifeeified powers. These, said Mr. C^ are my 
Kinciplea; but the v are'no^ those of the gentUtmao 
uom Virginia and his friends oa this eocasion* 

Thejr contend for a degree of necessity absolute 
and indispensable, that by no possibility could 
the power be otherwise executed. 

That there are two classes of powers in the 
Constitution, Mr. C. believed never to have been 
controverted by any American politieian. We 
cannot foresee and proride specifically for al} 
contiuffeacies. Man and his Unguage are both 
imperfect. Hence, the existence of construction, 
and of constructive powers. Hence, also, the 
rule that a grant of the end is a grant or the 
means. If you amend the Constitution a thous- 
and times, the same imperfection of our nature 
and our language will attend your new works* 
There are two oangers to which we are exposed* 
The one is, that the General Government mar 
relapse into the debility which existed in the olct 
Confederation, and finally dissolve from the want 
of cohesion. The denial to it of powers plainly 
conferred, or clearlv necessary and proper to exe- 
cute the conferreo powers, may produce thif 
effect. And, I think| with great deference to the 
gentlemen on the other side, this is the danger to 
which their principles directly tend. The other 
danger is, that of consolidation hj the assumption 
of powers not granted nor incident to grantea 
powers— the assumption of powers which have 
been withheld or ex[)re8slv prohibited. This was 
the danger of the period oi 1798-^. For instance, 
in that direct contradiction to a prohibitory clause 
of the Constitution, a sedition act was passed | 
and an alien law was also passed, in equal viola- 
tion of the spirit, if not of the express provisions 
of the Constitution* It was by such measures that 
the Federal party, (if parties might be name^) 
throwing off the veil, furnished to their adversa- 
ries the most effectual sround of opposition. If 
thev had not passed those acts, he thought it 
highly probable that the current of power would 
have continued to flow in the same channel; and 
the chanji^e of parties in 1801, so auspicious to 
the best interests of this country, as he believed^ 
would never have occurred. 

Mr. C. begged the Committee— he entreated 
the true friends of the confederated Union of 
these States — to examine this doctrine of State 
rights, and see to what abusive, if not dangeroua 
consequences it may lead, to what extent it had 
been carried, and how it had varied by the same 
State at different times. In alluding to the State 
of Massachusetts, he assured the gentlemen froin 
that State, and particularly the honorable chair-* 
man of the comnuttee to whom the claim of 
Massachusetts had been referred^ that he had no 
intention to create any prejudice against that 
claim. He hoped that, when the subject was 
taken up, it would be candidly and dispassion** 
atelv considered, and that a decision would be 
made on it consistent with the rightsof the Union 
and of the State of Massachusetts. The high 
character, amiable disposition, and urbanity of 
the gentleman (Mr. Mason, of Massachusetts) 
to whom he had alluded, would, if he had been 
otherwise inclined, prevent him from endeavor- 
ing to make impressions unfavorable to the claim 
whose justice that gentleman stands pledged to 

Digitized by 





H. OP R. 

hUemeU Improvemente, 

March, 1818. 

manifest. But. in the period of 1798-9, what 
was the doctrine promulgated by Massachusetts? 
It was, that the States, in their sovereign capaci- 
ties, had no right to examine into the Constitu- 
tionality or expediency of the measures of the 
General Government. [Mr. C. here quoted sev- 
eral passages from the answer of the State of, 
Massachusetts to the Virginia and Kentucky re- 
solutions concerning the alien and sedition laws, 
to prove his position.] We see here an express 
disclaimer, on the part of Massachusetts, of any 
right to decide on the Constitutionality or expe- 
diency of the acts of the General Government. 
But what was the doctrine which the same State, 
in 1813, thought proper to proclaim to the world, 
and that too when the Union was menaced on 
all sides? She not only claimed, but exercised, 
the right which, in 1799, she had so solemnly 
disavowed. She claimed the riffht to judge of 
the propriety of the call made, by the General 
Government, for her militia, and she refused the 
militia called for. There was so much plausi- 
bility in the reasoning employed by that State 
In support of her modern doctrine of " State 
rights,*' that, were it not for the unpopularity of 
the stand she took in the late war. or had it been 
in other times and under other circumstances, 
she would very probably have escaped a great 
portion of that odium which has most justly 
fallen to her lot. The Constitution gives to Con- 
gress power to provide for calling out the militia 
to execute the laws of the Union, to suppress in- 
surrections and to repel invasions, and in no 
other cases. The militia is called out by the 
General Government, during the late war, to 
repel invasion. Massachusetts said, as you have 
no right to the militia but in certain contingen- 
cies, she was competent to decide whether those 
contingencies had or had not occurred. And, 
having examined the fact, what then ? She said 
all was peace and quietness in Massachusetts, no 
non-execution of the laws, no insurrection at 
home, no invasion from abroad, nor any imme- 
diate danger of invasion. And, in truth, Mr. C. 
said, he believed there was no actual invasion for 
nearly two years after the requisition. Under 
these circumstances, had it not been for the sup- 
posed motive of her conduct, he asked if the case 
which Massachusetts made out would not be ex- 
tremely plausible ? 

Mr. C. said he hoped it was not necessary 
for bira lo say that it was very far from bis in- 
tention lo convey anything like approbation of 
the conduce of Ma55achu setts. No! his doctrine 
wlSj that the States, as States, have no right to 
oppose the execution of the powers which the 
General Goveromcot asserts, Any Stale has un- 
doubtedly the right to express its opinion, in the 
form of resolution or otherwise^ and to proceed, 
by ConsUiuiional naeans. to redress any real or 
even imaginary grievance j but U has no right to 
withhold its military aid, when called upon by 
the high authorities of ibe General Government, 
much less 10 obstruct the execution of a law 
regularly passed. To suppose the existence of 
such an alarming right^ is to £uppose^ if not dis- 

union itself, such a state of disorder and confu- 
sion as must inevitably lead to it. 

Mr. C. said, that, greatly as he venerated the 
State which gave him birth, and much as he re- 
spected the judges of its supreme court, several 
of whom were his personal friends, he was obliged 
to think that some of the doctrines which that 
State had recently held concerning State rights, 
were fraught with much danger. Had those doc- 
trines been asserted during the late war, and re- 
lated to the means of carrying on that war, a 
large share of the public disapprobation which 
has been given to Massachusetts, might have 
fallen on Virginia. What were these doctrines? 
The courts of Virginia have asserted that they 
have a right to determine on the Constitutionali- 
ty of any law or treaty of the United States, and 
to expound them according to their own views, 
even if they should vary from the decision of the 
Supreme Court of the United States. They 
have asserted more — that from their decision 
there could be no appeal to the Supreme Court 
of the United States, and that there exists in 
Congress no power to frame a law, obliging the 
court of the State, in the last resort, to submit its 
decision to the supervision of the Supreme Court 
of the United States; or, if he did not misunder- 
stand the doctrine, to withdraw from the State 
tribunals controversies involving the laws of the 
United States, and to place them before the Fed- 
eral Judiciary. I am a friend, said Mr. C., a true 
friend to State rights; but not in all cases as 
they are asserted. The States have their ap- 
pointed orbit ; so has the Union ; and each should 
be confined within its fair, legitimate, and Con- 
stitutional sphere. We should equally avoid that 
subtle process of argument which dissipates into 
air the powers of this Government, and that 
spirit of encroachment which would snatch from 
the Slates powers not delegated to the General 
Government. We shall thus escape both the 
dangers I have noticed— that of relapsing into 
the alarming weakness of the Confederation, 
which was described as a mere rope of sand, and 
also that other, perhaps not the greatest danger, 
consolidation. No man deprecates more than 1 
do, the idea of consolidation ; yet, between sepa- 
ration and consolidation, painful as would be the 
alternative, he should greatly prefer the latter. 

Mr. C. would now proceed to endeavor to dia* 
cover the real difiference, in the interpretation of 
the Constitution, between the gentlemen on the 
other side and himself. It was agreed that there 
was no power in the General Government bat 
that which is expressly granted, or which is im* 
piicable from an express grant. The difference, 
then, must be in the application of this rule. The 

Stntleman from Virginia, who has favored the 
ouse with so able an argument on the subject, 
had conceded, though somewhat reluctantly, the 
existence of incidental powers ; bat he contend- 
ed that they must have a direct and necessary 
relation to some specified power. Granted. Bat 
who is to jadge of this relation ? And what rale 
can you prescribe different from that which the 
ConstitutioHhae reqaired, that it should be ne- 

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Bwmm OF ooNOBisa 


Marcb, 1S18. 

hUchuzl Jmpr&Dementi, 

H. orR. 

ensary and proper ? Whatcrer may be the ralej 
m whater^T kaffoage ycm nHiy choose to ezt>r^ 
iif tbeve mast m a eertaio deme of discretion 
Mt to thm agent who is to apply it. Bttt gentle- 
man aire aknmed at this ^bcretion, that mw of 
tyiffmnts, on whiefa ttiey eootead there is no Htnita- 
ticm. It should be obeerred, in the first place, 
tliat the gentlemen are neeessarity brouffht, by the 
Tcry eooiae of reasoning whieh they themselres 
eaipioy, by all the roles which they would Fay 
down ibr the Const! tation ; to eases where dis* 
etedon must exist. Bat is there no limitation, 
no'seenrity a|^n«t the abnee of it ? Yes, there 
18 sneh seeority in the fkct of onr being members 
of the aame society, eqaally affected oorselres by 
the lawa we promnigate. There is the further 
acanrity in tlie oath whieh is taken to support the 
Gottstitattoo, and which will tend to restrain 
Congress from deriving powers which are not 
proper and necessary. There is the yet further 
seeority, that at the end of every two Tears the 
members mast be amenable to the people for the 
manner in which their trust has been performed. 
And there remains also that further though awful 
security, the last resort of society, which he con- 
tended belonged alike to the people and the 
Stales in their sovereign capacity, to be exercised 
m extreme eases^ and when oppression becomes 
iattolerable, the right of resistance. Take the gen- 
tleman's own doctrine, (Mr. Barbour,) the most 
reatrieltd which had been asserted, and what 
other securities haye we against the abuse of 
pow^r tiian those which I have enumerated? 
Say that there must be an absolcrte necessity to 
jualiiy the exercise of an implied power, who is 
lo define that absolaie necessity, and then to ap- 
ply it 7 Who is to be the judge? Where is the 
security against transcending^ that limit ? The 
rale the gentleman contends for has no greater 
security than that maisted upon by us. It equally 
leads to the same discretion— a sound discretion, 
eJoarciBed mder all the responsibiHtr of a solemn 
oath ; of a regard to our fair fame; or a knowledge 
that we are ourselves the subjects of those laws 
whieh we paas ; and, laetty, of the right of ■resist'- 
iMg insupportable tyranny. And by way of 
iUnslmtion, Mr. C. said, that if the sedition act 
had not been condemned by the Indignant roice 
of the commvmitjr, the right of resistance would 
haTa aeeraed. If Congress^ assumed the power 
to eoatrol the right or speech, and to assail by 
penal statutes that greatest ef M the buhrarks 
ef liberty, the freedom of the press, and there 
weie no othor uMans to arr^t their progress, but 
that to whieh he had referred, lamentable as 
would be the appeal, such a monecrons abuse of 
power, he contended, would authorize a recur- 
renee to that right. 

If, then^ the ffentlemen on the other side and 
himself diffined so Mttle in their general princi^ 
pies, as he thought he had shown, he would pro- 
oead for a lew moments to look at the C>>nstitu- 
lion a little more in detail. I hare contended, 
said Mr. C, that the power to construct post 
taais it expresaly granted in the power to estab- 
lish post roads. If it be, there irt^n end to the 

controversy ; but if not, the next inquirv is, whe- 
ther that power may be fairly deduced bjr impli- 
cation from any of the specified grants or power. 
To show that the power is expressly granted,'! 
mi^ht safely appeal to the arguments already 
used to prove that the word estaoHik, in this casCj 
can mean only one thing — the rizht of making. 
Several gentlemen bad contended that the word 
had a different sense; and one had resorted to the 
preamble of the Constitution to show that the 
phrase ^to establish justice," there used, did not 
convey the power of cjreation. If the word 
" establish'' wasf there to be taken in the sense 
which ^ntlemen claimed for it, that of adoption 
or designation, Congress could have had a choice 
only of systems of justice pre-existing. Would 
any gentleman contend that they wereoblieed to 
take the Justinian code, the Napoleon code, the 
code of civil, or the code of common or canpn 
law ? fistablishment means in the preamble, as 
in other cases, construction, formation, creation* 

Let me aslr, in all cases of crime, which are 
merely malum prohibitum, if you do not resort 
to construction, to creating, when you make the 
offence ? By four laws denouncing certain acts 
as criminal ofences, laws which the good of 
society require you to pass, and to adapt to our 
peculiar condition, you do construct and create a 
system of rules, to be administered by the judi- 
ciary. But gentlemen say that the word cannot 
mean make; that you would not say, for exam- 
ple, to establish a ship, to establish a chair. In 
the application of this, as of all other terms, you 
must be giiided by the nature of the subject \ and 
if it cannot properly be used In all cases, it does 
not follow that it cannot be in any. And when 
we take into consideration, that, under the old 
Articles of Confederation, Congress had over the 
subject of post roads just as mUch power as gen- 
tlemen aUow to the existing GK>vernment, that it 
was the general scope and spirit of the new Con- 
stitution to enlarge the powers of the General 
Gbyemment, and that, in fact, in this v^ry clause, 
the powet to establish post roads is superadded 
to the power to establish post offices, which was 
Mone possessed by the former Government, he 
thought that he might safelv consider the argu-r 
meat on this rart of the subject as successfully 
maintained, with respect to military roads, the 
concession that they may be made when called 
for bjTthe emergency, is admitting that the Con- 
stitution conveys the power. And we may safely 
appeal to the judgment of the candid and enlight- 
ened, to decide between the wisdom of those two 
eonstructions, of which one requires you to wait, 
for the exercise of your power, until the artival 
of an emergency, whiefa may not allow you to 
ttttX it ; and the other, without denying you the 
power, if you can exercise it during the emex;- 
geney. claims the right of providing beforehand 
against the emergency. 

One member had stated what appeared to him 
a conclusive argument against the power to cut 
canahj that he had understood ^hat a proposition 
made in the Convention, to insert such a power, 
was rejected. To this argument more than one 

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Mabcb, 1618. 

sufficient answer could be made. In the first 
place, the fact itself had been denied, and he had 
ne^er yet seen any evidence of it. But, suppose 
that the proposition had been made and over- 
ruled, unless the motives of the refusal to insert it 
were knovrn, gentlemen were not authorized to 
draw the inference, that it was from hostility to 
the power, or from a desire to withhold it from 
Congress. Might not one of the objections be, 
that the power was fairly to be inferred from 
some of the specific grants of power, and that it 
was therefore not necessary to insert the proposi- 
tion; that to adopt it, indeed, mi^ht lead to 
weaken or bring into doubt other incidental pow- 
ers not enumerated? A member from New 
York, (Mr. Storrs,) whose absence Mr. C. re- 
ffretted on this occasion, not only on account of 
the great aid which might have been expected 
from him, but, from the cause of that absence, 
had informed him that, in the convention of that 
State, one of the objections to the Constitution 
by the anti-Federalists was, that it was under- 
stood to convey to the General Government, the 
power to cut canals. How often, in the course 
of the proceedings of this House, do we reject 
amendments, upon the sole ground that they are 
not necessary, the principle of the amendment 
beinjg alreadv contained in the proposition 7 

Mr. C. referred to the Federalist, for one mo- 
ment, to show that the only notice taken of that 
clause of the Constitution which relates to post 
roads, was favorable to his construction. The 

{lower, that book said, must always be a harm- 
ess one. He had endeavored to show not only 
that it was perfectly harmless, but that every ex- 
ercise of it must be necessarily beneficial. Noth- 
ing which tends to facilitate intercourse among 
the States, says the Federalist, can be unworthy 
of the public care. What intercourse 1 Even if 
restricted on the narrowest theory of gentlemen, 
on the other side, to (he intercourse of intelli- 
gence, iliey deny that to u.^, singe ihvY will not 
admit that we have the power to repair or im- 
prove the way, the right of which they yield us. 
In a more liberal and enlarged sen^e of the word, 
it wilt compreheod all those Tarious means ol 
accomplishing the object, which are calculated 
to reauer us a homogeneous people — one in feel- 
ing, in inlere^L and affention^ as wt: are one in 
our political temtion. 

Was there not a direct and latimata relation 
between the power la malce war and military 
Toadsand canals? It wm iu vain Ihat die Con- 
Temion should have confided to the General 
GorernmeQt the tremendous power of declaring 
war; shuuLd hav^e imposed upon it lUe duty to 
empioy the whole physical means of the nation, 
to render the war^ whatever may be Us char- 
acter, successful and glorious^ if the pnwef is 
withheld of transporiing and disuibuting those 
means* Let us appeal lo facts which are &ome- 
timeB worth volumes of theory. We have re- 
cenily had a war raging on all the four quarters 
of the Union. The only circum^^tance whick 
gave me pain at the close of that war, the dsten- 
tion of Moose Isla&dt would not have occuf red^ 

if we bad possessed military roads. Why did not 
the Union — why did not Massachusetts make a 
struggle to reconquer the island ? Not for the 
want of men ; not for the want of patriotism, he 
hoped, but from the want of the physical ability 
to march a force sufficient to dislodge the enemy. 
On the Northwestern frontier, millions of moaey, 
and some of the most precious blood of the Stale 
from which I have the honor to come, were 
wastefuUy expended for the want of soeh roads. 
My honorable friend from Ohio, (Mr. Haru* 
SON,) who commanded the army in that qomrtfli; 
could furnish a volume of evidence on this sub- 
ject. What now paralyzes our armies on the 
Southern frontier, and occasioned the recent mas- 
sacre of fifty of our brave soldiers? What bat 
the want of proper means for the commuaicatioa 
of intelligence, and for the transportation of ou 
resources from point to point? 

Whether we refer to our own experience, oc 
to that of other countries, we cannot fail to per* 
ceive the great value of military roads. Those 
great masters of the world, the Romans, how 
did they sustain their power so many centuries, 
diffusing law and liberty, and intelligence idl 
around them ? They made permanent military 
roads ; and among the objects of interest whien 
Europe now presents, are the remains of those 
Roman roads, which are shown to the curiovs 
inquirer. If there were no other monameat re- 
maining of the sagacity, and of the illustriotis 
deeds of the unfortunate captive of St. Heieoa, 
the internal improvements which he made, the 
road from Hamburg to Basle, would perpetuatt 
his memory to future ages. In making these 
allusions, let me not be misunderstood, f do not 
desire to see military roads established for the 
purpose of conquest, but of defence^ and as a 
pan of that nreparation which should be mad« 
in a season of peace for a season of war. I do 
not wish to see this country evar in that com- 
plete state of preparation for war for wtuchsoaae 
contend, that is, that we should constantly baro 
a large standing army, well diseiplined. and al» 
ways ready to act. I want to see tho bill report^ 
ed by my friend from Ohio, or some other em- 
bracing an efiective militia system, passed mto a 
law I and a chain of roads and canais; by the aid 
of which our physical means can be proniptl|- 
transported to any required point. These, txm^ 
nected with a small military establish ment to 
keep up our forts and garrisons^ coostitate tin 
kind of preparation for war, which, it appeared 
to him, this country ought to wake. N« niaii, 
who has paid the least attention to the opeva- 
tions of modern war, can have laiied to renoMirk 
how essential good roads and canab are to t^ 
success of those operations. How often have 
baules been won by celerity and rapidity of 
movement ? It was one of the ntost essential 
circumstances in wan But, withoot good roads 
it was impossible J He recalled to the recoUeo- 
tion of some of the membcis the fact that, In 
the Senate, seTeral years ago^an honorable friend 
of his, (Mr. Bayabd,) whoae preiaatuR death he 
eiar d«plered-«who wes aa ernatnsBt lo cIm^ 

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esoneils of his coutnr, and ^oi% wifM id»rotd, 
]i« found the Mt wmd (hmietg adroMttof bm 
rights^ bad, in smortiMr a«ab«eH|Miim whioli 
h» propotad iJm united mates sb«Pild make to 
the alaek of the Delaware and Cbesaptake Canal 
OompanXf earneitljr reeeoHiMnded the meatnre 
an coBMcted with oar ofMiitioos tn war. I lit- 
taiicd to my friend with sone inerednlity, and 
thought he pasbed hit argument too ^r. I ha4, 
aeon aAer, a practieal evidenee €f( Its j«8iBes». 
For, in traTcOmg fram Pbiladelpfaiaj la the Pall 
of 181^ I anw Urantpor^Dg hf CbTernmentyfrom 
Elk iiTcr to the IMffware, iarge qnantfties of 
massy timbers for the eoostraotioo of tke €kmr- 
tiere or the Franklin, ar both ; and jodging from 
tkm nombcr of wagons and horses, and the nam* 
her of days empi^red, Ibetie^ the additfonal 
espesse of that siaaie opevatton, weaM hare 
goae very lar to complete tbat eanal, whose eanse 
wma espoased with so maoh eto^venee in the 
Saaate, and with somoeh eibot, too, bHIs having 
passed that body more than once to efre aid, in 
some shnpo or other, to that canaL With noto- 
riaoa faets like ibis, w«s it not obrtoas that a 
line of natlkary eannls was not only neeessary 
ori pMfier, bat alaaost hidispensable to the war- 
BiidtMig power 1 

OlM of the roles of eanstraeti«n, Mr. C. eon- 
tUMed, which bad been IM down, he acknowl- 
edged his incapacity to comprehend. Gentle- 
man say that the power in question ift a labstan- 
ti¥e power ; and oiat no saheiantitre power ooold 
be derived by nnpUcatlen. What is ^ir dei- 
nition of a sabstaaliTe newer 1 Will they fhf Or 
ua with the priaeiple of disertmiaatioa between 
powers whidb beisg sobstaative are not grtnta- 
hle hut by ezpren grant, and those which, not 
beinc aahscanove, may be conTeyed by impHca- 
tieo? Althoogh be did not peweire why this 
power was more entitled than many implied 
powers to the deaomiaation of substantive, sop- 
poae that be yielded, how did gentlemen prove 
that it aaay not be conveyed by implication 1 If 
the DositioBs weve maintained, woich have not 
yet been proven, that the power is sabeiantvve, 
and that no substantive power can be implied, 
yet he trasted it had haan satlsANstorily ehown 
that these was aa CA p i e ss grant. 

Mis hoaofabk friend from Thwlaia (Mr. If ai^ 
sma) had denied tite operatioB it B!iecinti>ve in* 
fiDenee ea his nnad; and had ii^naed the 
Coa a miua that from tbat qnarter he had noih* 
iag <o eiptet, to hope, or id fcar. I did not im- 
aote to my heaemble ffiend any saofa motive. I 
ha«w his iadepeadeoce of character and of 
too well to do so. Bat. I entteat him to 
f if he does aat eapoee himeelf to each aa 
itka by those less frieadly disposed to^ 
wasda him thaa aiyseIC Let us took a IHtle «t 
ints. The Presideat recommended the -arteb- 
Uihmeat of a baak. if ever there wese a stretch 
cf tte implied powers conveyad by the Coasti- 
tatioa« it has been thoaght the graatof the ehar*- 
tar of the Nationai Sank was on«« Bat the 
Ptesidcat recaoaaeads it. Whate wasthea my 
hDaorabb ftiettd,4b« friead of Btmt fJiht% w4M 

It. Ofn» 


so pathetieallr calls apou as i& veMht, tn*saek^ 
doth and ashes, cur meditated vimatton of the 
Onstitotion ; and who kindly expresses his hope 
that we shall he made to feel the public Mfgna- 
lion? Where was he at this awful epoch I 
Where was that eloqoeDt tongue which we have 
now beard with so mach pleasnre? Sffentt 
Silent as the grave ! 

SMr. NELeoii said, acfoss the House, that he 
voted agaiost the bank bill when first re- 

Alas ! said Mr. C, my honorable friend had 
not the heart to withstand a second recommen- 
dation fVom the President ; but, when it came, 
yielded, no doubt most rehictantly to the Exec- 
ntive wishes, ana voted for the faink! At the 
h«t session of Congress, Mr. Madison recom- 
mends (and I will preseotly make some remarks 
on that subieoO an exercise of all the e^dsting 
powers of the General Government to establish 
a comprebenshre system of incernil impilMre- 
ments. Where was my honomhle (Mend on that 
oceasftsa 1 Not -silent as the grave; but he gave 
a negative vote almost as silent. Noi effort was 
made on his psat,'grast as he is when he exerts 
the powers of his well stored mind to save the 
Ocmmonweaith fVom tbat greatest of all calam- 
ities, a system of itrternal improvement. No, 
ahhoogh a war with all the allies, he now thinks^ 
would be less terrible than the adoption of this 
report, not one word then dropped mm his tips 
against the measure. [Mr. ifEbSOn said ne 
voted a^inst the bill.] That he whispered out 
an unwilling negative, Mr. C. did not deny, but 
it was unsustained by that torrent of eh>qnence 
which was poured cut on the present occasion. 
Bat, said Mr. O.^ we have an Bxecntive Mes- 
sage WMo, not ^tie ns ambigaous in its terms, 
nor as oracniar in its meaning, as that of Mr. 
Madison appears to have been. No; the Presi- 
dent now says, fhat he has made great efforts to 
vaaquish his «^jeetions to the power, and thai he 
caanot but believe that it dees net tskisf. Then 
my honorable friend rouses, ihundetefbrth the 
danger in which the Constitution Is, and sounds 
the toesin of akrm. Far from insinuating that 
he is at all biassed by the Bsecative wMea» I 
appeal to his candor to say, if there is not a re- 
maikable eoinoidenee between his xeal and exer- 
tions, and the opinions of the Chief Magistrate? 

Now let us review these oplaions as comm«tti- 
cated at different points. It was the oph&km «C 
Mr. Jeffi«son, that, although there was nO gena- 
lal powev <vested by the Oonstitotkin ia Ooogiaes 
to construe t roads and canals, without the con- 
sent of the States, yet stioh a power might he ea- 
ertised whh their assent. Mr. Jefferson not oalv 
held ^is opinion in the abstract, bat he piaott- 
eally exeeuted it in the Instance of the Gumbevw 
lamt read, and how? * First, by a compact made 
with the State of Ohio, (br the application of a 
suecified fund, and then by compacts wMi Tir- 

gihia, Pennsylvania, and Mavyiaad, to apply the 
fhnd so set apaK wiihia their respective limila. 
ft however, 1 tighUv uaderatood aiy hoiomhie 

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that I eoaeiv wixh him) thut Um power cooM be 
acquired by the mere, conteat of the Soite. Yet 
he defendad the act of Mr, Jeierson ia the case 
referred to. fMr. Nelson expressed his dissent 
to this statement of his argument.] Mr. C* said 
it was iar from hb intention to misstate the gen- 
tleman. He certainly had understood him to say, 
that, as the road was first stipulated for in the 
compact with Ohio, it was competent afterwards 
to carry it through the States mentioned, with 
their assent. Now, if we have not the right to 
make a road in yirtue of one compact made with 
a single State, can we obtain It by two contracts 
made with several States? The character of 
the fond could not affect the question. It was 
totally immaterial whether it arosafrom the sales 
of the public lands or from the general reveoue. 
Suppose a contract made with Massachusetts, 
that a certain poition of the revenue collected at 
the port of Boston, from foreign trade, should be 
expended in making roads and canals leading to 
that State, and that a subsequent oomptct should 
be made with Counecticut or New Hamnshire, 
for the expenditure of the fund on these objects, 
within their Umiu; can we acquire the powei> 
in this manner, over internal iminroveDients, if 
we do not possess it independently of such com- 
pacts? He conceived clearly not. And he was 
entirely at a loss to comprehend how gentlemen, 
consistently with their own principles, could jus- 
tify the erection of the Cumberland road. No 
man, he said, was prouder than he was of that 
noble monument of the provident care of the na- 
tion and of the public q>irit of its projectors ; and 
he trusted, that, in spite of all Consiitutional and 
other scruples here or elsewhere, an appropria- 
tion would be made to complete that road. He 
confessed, however, freely, that he was entirelv 
unable to conceive of any princi^e on which 
that road cooid be supported that would not up« 
hold the general power contended for. 

He womd now examine the opinion of Mr.- 
Madison,. Of all the acts of that pure, virtuous, 
and iUttstrious sutesman, whose Admiqistration 
has so powerfully tended to advance the glory, 
honor, and prosperity of this country, he most re- 
gretted, for his sake and for the sake of the coun- 
irv, the rejection of the bill of the last session. 
£u9 thoQ^t it irreconcilable with Mr. Madison's 
own pr&iciples— those great broad and liberal 
principles on which he «o ablv administered the 
Qovernment And, sir, said Mr. C, when I ap- 
peal to the members of the last Congress, who 
%n now in my hearing, I am authorized to say, 
.with regard to the majority of them, that no cir- 
anmsiance. not even an earthquake that should 
have swallowed up one half of this city, could 
Jukve excited more surprise than when it was first 
Gommnoicated to this House, that Mr. Madison 
had redeemed his own bill— I say his own bill--for 
his Message at the opening of the session meant 
nothing, if it did not recommend such an exer- 
cise of power as was contained in that bilL My 
friend, who is near me. (Mr. Jobhbom, of Vir- 
ginia,) the operations of whose vigorous and in^ 
dependent mind depml upon his own internal 

peree^^kms^ has csprassed himself with a be* 
coming manliness, and thrown aside the author- 
ity of names as having no bearing with him on 
the question. But their authority has been r«- 
feried to, and will have influence with others. It 
was impossible, oMreover, to disguise the fact, 
that the question is now a question between the 
Sxecntive on the one side and the Representa* 
tives of the people on the other. So it is under- 
stood in the country, and soeh is the £sct. Mr. 
Madison enjoys, in his retreat at Montpelier, the 
repos^ and the honors due to his eminent and 
laborious public services ; and I would be among 
the last to disturb it. However painful it is to 
me to animadvert upon any of his opinions, I 
feel perfectly sure that the circumstance can only 
be viewed by bim with an enlightened liberalit|r. 
What are the opinions which have been ez^ 
pressed by Mr. Madison on this subject ? I will 
not refer to all the Messages wherein he has re- 
commended internal improvemenu. but to tb4€ 
alone which he addreosed to Congress at the 
commencement of the last session, which con* 
tains this passsffe : ^ I particularly invite again 
' the attention of Congress to the expediency. of 

* exercising thesr exisung powers, and, where ne- 
' cessarjr, of resorting to the prescritied mode of 

* enlarging them, in order to effectuate a compre- 

* hensive system of roads and canals, such as will 

* have the effect of drawiag more closeljr tog^ether 
/ every part of our country, by promoting inter* 

* course and improvements^ and by increasing the 
' share of everjr part in the common stock of na^ 
^ tionai prosperity." In the examination of 4hia 
passage, two pofiitions forced themselves upon onr 
attention. The first was the assertion, that there 
are existing powers in Congress to effectuate a 
comprehensive system of roads and canals, the 
effect of which would be to draw the different 

rtrts of the country more closely together. AndL 
would candidlv admit, in the second place, that 
it was intimated, tbat^ in the exercise of those 
existing powers, some defect might be discovert 
which would render an amendment of the Coa^ 
stitution necessary. Nothing could be more clear- 
ly affirmed than the first position ; but in the Men* 
sage of Mr. Madison returning the bill, passed in 
consequence of his recommendation, he has not 
specified a solitary case to which those existing 
powers are applicable $ he has not told 4is wist 
he meajH by those existing powers ; and the gen* 
eral scope of his reasoning ia that Measajfe^ if 
well founded, proved that there were no existing 
powers whatever.. It was apparent that .Mr. 
Madison him»elf had not examined eome of thoee 
principal sources of the Constitution, from which, 
during this debate, the power had been derived. 
I deeply r^ret, and I know that Mr. Madison re- 
gretted, that the circumstances under which the bill 
was presented tohim (the last day but one of a moat 
busy session) deprived him of an opportunity of 
that thorough investigation of which no man is 
more capable, it is certain that, taking his twe 
Messages at the same session together, they are 
perfectly ixreooncikble. What, moreover, was 
the nature ot thai bill? It did not apply tin 

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MiMoUt 1818. 

fttttfWtl ^MWXHWMftflL 

H. or B. 

moB«y to asf ipeeifie ol^t of ioternal impnnre^ 
ment, nor dcMfnate any portieular mod^ ia whioii 
it should be applied, bat merely set apart and 
pledffed the faaa to the general purpose, subject 
to the fotore disposition of Congress. If, then, 
there were any supposable case whatever to which 
Congress might apply money in the erection of a 
road, or cotung a oanal^ the bill did not violate 
the Coastitntion. And it ought not to have been 
anticipated that money constitutionally appro- 
priated b^ one Congress would afterwards be un- 
constitutionally expended by another. 

I come now, said Mr. Cf., to the Message of 
Mr. Monroe ; and if, by the communication of his 
opinion to Congrm, he intended to prevent 
discussion, he has most wofully failed. 1 know 
that, aeeordiog to a most venerable and excellent 
usage, the opinion neither of the President nor of 
the Senate, upon any proposition depending in 
this House, ought to b^ adverted to. Even to 
the Parliament of Great Britain, a member who 
would refer to the opinion of the Sovereign, in 
sneh a casa would be instantly called to oraer; 
but, under the extraordinary circumstances of the 
President having, with I have no doubt the best 
motives, volunteered his opinion on this head, 
and inverted the order of legislation, by begin- 
ning where it should end, I am compelled, most 
reluctantly, to refer to that opinion. 1 cannot but 
deprecate the practice of which the President has, 
jA this instance, set the example to his succes- 
aors. The Constitutional order of legislation sup- 
poses that every bill oristnating in one House 
ahall be there aeUberately investigated, without 
influence from any other branch of the Legisla- 
ture, and then remitted to the other House for a 
lilre free and unbiassed consideration. Having 
pneaed both Houses, it is to be laid before the 
President — sisned if approved, and if disapproved 
to be returned, with bis objections^ to the origi< 
nating House. In this manner, entire freedom 
thought and of action is secured^ and the Pr^ 
dent finally sees the proposition in the most mi 
tared form which Congress can give to it. Th< 

Cetical effect, to say no more, oi forestalling the 
islative opinion, and telling us what we may 
or mav not do, will be to deprive the President 
liimseif of the opportunity of considering a prop- 
oaition so matured, and us of the benent of his 
reasoning, applied specifically to such proposition; 
for the Constitution further enjoins it upon him 
to state his objections upon returning the bill. 
The originating House is then to reconsider it, 
and ddiberately to weigh those objections ; and 
it 18 further required, when the question is again 
taieo, Shall the bill pass, those objections not- 
withsundiog? that the votes shall be solemnly 
spread by yeas and najrs upon the record. Of this 
opportunity of recording our opinions on matters 
of great puhlic concern we are deprived, if we 
aubmit to the innovation of the President. I will 
not press this part of the subject further. I repeat, 

r'n and again, that I have no doubt but that 
President was actuated by the purest mo- 
tives. I am compelled, however, in the exercise 
of that freedom of opinion wjhiqh fo bng as I 

exist I will nutintain, to say that the proceedii^p 
is irregular and unconstitutional. Let us, how- 
ever, examine the reasoning and opinion oi the 
Presidenu [Mr. C. here quoted the passage of 
the Message at the opening of the session, which 
follows :] 

"A difllsrenee of opinion has existed, from the fimt 
loTmatioa of our Constitatton to the present tim% 
among oor metl enUgfatened and virtootti oittaew, 
respecting the light of Congress to esUUish such a 
system of improvement. Taking into view the traet 
with whioh I am now honored, it would be impsoper, 
after what has passed, that this discussion should be 
revived, with an uncertainty of my opinion respecting 
die right. Disregarding early impressions, I hsTS 
bestowed on the subject all the deliberation which its 
great importance and a just sense of my duty required ; 
and the result is, a settled conTiction on my mind that 
Congress do not possess the right It is not contained 
in uny of the specified powers granted to Congress i ' 
nor can I consider it incidental to, or a necessary mean, 
▼iewed on the most liberal scale, fbr carrying into 
effect any of the powers which are ^»edfically granted. 
In eommnnieatlng this result, I cannot resist the obU- 
gaeioB which I feel to suggest to C engr ses the propri- 
e^ of recommending te the fitates the adoptian of sa 
amendment te the Con st it a tion, which ehaU give lo 
Congress the right in question. In esses of doubttel 
oonstruction, espedaUy of such vital interest, it com- 
ports with the natore and origin of oar institatioiM^ 
and. will contribute much to preserve them, to apply 
to our constituents for an exiJicit grant of the power. 
We ma^ confidently rely, that, if it appears to their 
satisfkcuon that the power ii necessary, it will always 
be granted.** 

In thb passage the President has furnished us 
with no reasoning, no argument in support of his 
opinion — nothing addressed to the onoersiaiulicLg. 
He gives, indeed, an historical, account of the 
operations of his own mind, and he asserts that 
' e has made a laborious effort td conquer his . 
impressions, but that (he result is a settled • 
iction against the power, without a single 
h. In his position, that the power must be 
•cificaily granted or incident to a power «o 
granted, it has been seen that I have the honor 
to entirely coicur with him; but, he says the 
power is not amonff the specified powers. H|s 
he taken into consideration the clause respecting 
post roads, and told us how and whythat does 
not convey the power 7 If he had acM 'within 
what I conceive to be his Constitutioifal sphere 
of rejecting the bill, af^r it had passed both 
Houses, he must have learned that great stress was 
placed on that clause, and we should have been 
enli|j[htened by his comments upon it. As to his 
denial of the power, as an incident to any of the 
express grants, Mr. C. said, he would have thought 
thai we might have safely appealed to the expe- 
rience of the Precident, during the late war, when * 
ihe country dexived so much benefit £rom hisju* 
dicious administration of the duties of the War 
Department, whether roads and canals for mill- , 
tary, purposes were not essential to celerity and 
successful result in the operations of aunies. This 
part of the Message was all assertion, and con- 
tained no argument which he could comprehend. 

Digitized by 






Memal JhnprovementB, 

March, 1S18. 

or which met the points cootended for during 
this debate. Allow me here, said Mr. C. to say, 
and I do it without the least disrespect to that 
branch of the Government, on whose opinions and 
acts it has been rendered my painful duty to com- 
ment — let me say, in reference to any man, how- 
ever elevated his station, even if he be endowed 
with the power and prerogatives of a sovereign, 
that his acts are worth infinitely more, and are 
more intelligible than mere paper sentiments or 
declarations. And what have been the acts of 
the President ? During his tour of last Summer, 
did he not order a road to be cut or repaired from 
near Plattsburg to the St. Lawrence 1 And my 
honorable friend will excuse me if my compre- 
hension is too dull to perceive the force of that 
argument which seeks to draw a distinction be> 
tween repairing an old and making a new road. 
[Mr. Nelson said he had not drawn that distinc- 
tion, having only stated the fact.] Certainly no 
such distinction was to be found in the Constitution 
or existed in reason. Grant, however, the power 
of reparation and we will make it do. We will 
lake the post roads, siniious as they are, and put 
them ia a condition to enable the mails to pass, 
without those mortifying and painful delays and 
disappointments to whicii we, at leant in th« 
West, are so often liable. The President, then, 
ordered a road of considerable extent to be con- 
structed or repaired, on his sole authority, in a 
time of profound peace, when no enemy threat- 
ened the country, and when, in relation to the 
power as to which alone that road could be useful 
in time of war, there existed the best understand- 
ing, and a prospect of lasting friendship greater 
than at any former period. On his sole authority 
the President acted, and we are already called 
upon by the Chairman of the Committee of Ways 
and Means to sanction the act by an appropria- 
tion. This measure has been taken, too, witho 
the consent of the State of New York ; and 
is wonderful, when we consider the ma^i 
of the State rights which are said to be vi^ 
without even a protest on the part of that 
against it. On the contrary, 1 understand, from 
some of the military officers who are charged 
with the execution or the work, what is very ex- 
traordinary, that the people, through whose quar- 
ter of^jt^ country the road passes, do not view 
it as V Rational calamity; that they would be 
very glad that the President would visit them 
often, end umi Iil- tvLhuiu urJor a road to be cut 
and jmprttvedj at the Dsuonal eipen?^ej every time 
he should risii them. Other roaJs, id other parts 
of the Union, have, it seemsj been likewise ordered, 
Of their eiecutionj at the public expense, sanc- 
tioned, by the Executive, wjihout the concurrence 
^ of Congress. If the President hais the power to 
cause these public impravemenis to be executed, 
at his pleasure, whence is it derived t If any 
member will stand up in his place and say the 
President is clothed with this auihoriiy, and that 
it is deaied to Congress Jei us hear from bim; 
and kt him poioi to the clause of ibe Constitu- 
lion which vests it in the Executive and with- 
hold b it from the Legifktif e brancb. 

ropria- is 
rithoim po 

t Staf? OD 

There Is no such clause ; there is no such ex- 
clusive Executive power. The power is deriv- 
able by the Executive only from those provisions 
of the Constitution which charge him with the 
duties of commanding the physical force of the 
country, and the employment of that force in 
war ana in the preservation of the public tran- 
quillity, and in the execution of the laws. But 
Congress has paramount power to the President. 
It alone can declare war, can raise armies, can 
provide for calling out the militia in the specified 
instances, and can raise and appropriate the ways 
and means necessary to these objects. Or is it 
come to this, that there are to be two rules of con- 
struction for the Constitution — one, and an en*- 
larged rule, for the Executive — and another, and 
a restricted rule, for the Legislature ? Is it already 
to be held, that, according to the genius and nature 
of our institutions, powers of this kind may be 
safely intrusted to the Executive, but, when at- 
tempted to be exercised by the Liegislature, are 
so alarming and dangerous that a war with aH 
the allied Powers would be less terrible, and that 
the nation should clothe itself straightway ia 
sackcloth and ashes ? No, sir, if the power be- 
longs only by implication to the Chief Magistrate, 
it is placed both by implication and express grant 
in the hands of Congress. I an! so far from con- 
demning the act of the President, to which I hare 
referred, that I think it deserving of high appro- 
bation ; that it was within the scope of his Con- 
stitutional authority I have no doubt ; and I sin- 
cerely trust that the Secretary of War will, in 
time of peace, constantly employ in that way the 
military force. It will, at the same time, guard 
that force against the vices incident to indolence 
and inaction, and correct the evil of subtracting 
from the mass of the labor of society, where labor 
is more valuable than in any other country, that 
portion of it which enters into the compoEition 
f the Army. But I most solemnly protest against 
ny exercise of powers of this kind, by the Prcsi- 
^ ent, which are denied to Congress. And, if the 
opinions expressed by him, in his Message, were 
communicated or are to be used here to influence 
the judgment of the House, their authority is 
more thsn countervailed by the authority of his 
deliberate acts. 

Some principles drawn from political ecooo- 
mists have been alluded to, and we are advised to 
leave things to themselves, upon the ground, that, 
when the condition of society is ripe for interw 
improvements, that is, when capital can be so in- 
vested with a fair prospect of adequate remune- 
ration, they will be executed by associations of 
individuals, unaided by Government. With mr 
friend from South Carolina (Mr. LowNDSs) I 
concur in this as a general maxim ; and I also coo- 
cur with him that there are exceptions to it. The 
foreifiu policy which I think this country ought 
to adopt, presents one of those exceptions. It 
would perhaps be better for mankind, if, in the 
intercourse between nations, all would leave skUl 
and indnsir V to their nnttimulated exertions. Bat 
this is not done; and if other Powers will incite 
the industry of their subjtots and depress that of 

Digitized by 






LfUrmd hnprxivemenU. 

H. OF R. 

oar citizeas, id instanoes where tfaay may come 
into eompetitioD, we must imitate tiictir selfish 
example. Hence the necessity to protect our 
manufactures. In regard to interQal improre* 
ments, it did not always follow that they would be 
constructed whenever they would afford a compe- 
tent dividend upon the capital invested. It may 
be true generally that, in old countries, where 
there is a great accumulation of surplus capital^ 
and a consequent low rate of interest, that they 
would be made. But in a new country the con- 
dition of society may be ripe for public works 
long before there is, in the hands oi individuals, 
the necessary accumulation of capital to effect 
them ; and, besides, there is generally, in such a 
country^ not only a scarcity of capital, but such 
a multiplicity of profitable objects presenting 
themselves as to distract the judgment. Further $ 
the a^regate benefit resulting to the whole so- 
ciety, from a public improvement may be such 
as to amply justify the investment of capital in 
its execution, and yet that benefit may be so dis- 
tributed amoag different and distant persons as 
that they can never be got to act in concert. 
The turnpike roads wanted to pass the Alleghany 
mountains, and the Delaware and Chesapeake 
Canid. are objects of this description. Those who 
would be most benefited by these improvements 
reside at a considerable distance from the sites 
of them ; manv of those persons never have seen 
and never will see them. How is it possible to 
r^ulate the contributions, or to present to indi- 
viduals so situated a sufficiently Uvely picture of 
their real interesu to get them to make exertions, 
in effectuating the object, commensurate with 
their respective ahiliiiesl I think it very possi- 
ble that the capitalist, who should invest his mo- 
ney, in one of those objects, might not be reim- 
bursed three per cent, annually upon it. And 
yet society, in various forms, might actually reap 
fifteen or twenty per cent. The benefit resultin 
from a turnpike road, made by private associ 
tioBs, is divided between the capitalist who r 
ceives his tolls, the lands throoffh which it passe^^ 
and which are augmented in their value, and the 
commodities whose value is enhanced by the 
diminished expense of transportation. A combi- 
nation upon any terms, much less a just combina- 
tion, of all these interesu to effect the improve- 
ment is impiacticable. And if you await the 
arrival of the period when the tolls alone can pro- 
dace a competent dividend, it is evident that you 
will have to suspend its execution until long after 
the general interesu of society would have au- 
thorized it. 

Agmin, improvements made by private associa- 
tions are generally made by the local capital. 
But ages mnsteUnee before there will be concen- 
trated in ceruin places, where the interesu of the 
whole community may call for improvemeats. 
saficiedt capital to make them. The place of 
the improvement too is not always the most io- 
tarasted in iu accomplishment. Other parts of 
the UDion->the whole line of the seaboard— are 
quite as much if not more interested in the Dela- 
ware and Chesapeake Cafial, as the small tract of 
16th Coir. Ist Sb88. 

country through which it is proposed to pass. 
The same observation will apply to turnpike 
roads passing the Alleghany mountains. Some- 
times the interest of the place of the improve- 
ment is adverse to the improvement and to the 
general interest. He would cite Louisville, at 
the rapids of the Ohio, as an example, whose in- 
terest will probably be more promoted oy the con- 
tinuance, than the removal of the obstruction. 
Of all the modes in which a Government can 
employ its surplus revenue, none is more perma- 
nently beneficial than that of internal improve- 
ment. Fixed to the soil, it becomes a durable 
part of the land itself, diffusing comfort and ac- 
tivity, and animation on all sides. The first di- 
rect effect was on the agricultural community, 
into whose pockets came the difference in the ex- 
pense of transportation between good and bad 
wavs. Thus, if the price of transporting a barrel 
of flour by the erection of the Cumberland turn- 
pike should be lessened two dollars, the producer 
of the article would receive that two dollars more 
now than formerly. 

But, putting aside all pecuniary considerations, 
there may be political motives sufficiently powers 
ful alone to justify certain internal improvements* 
Does not our country present such? How are 
they to be effected if things are left to themselves? 
I will not press (he subject further. I am but 
too sensible how much I have abused the patience 
of the Committee by trespassing so long upon 
iu attention. The maffuitude of the question, 
and the deep interest I feel in its rightful decis- 
ion, must be my apology. We are now making 
the last effort to establish our power ; and I caU 
on the friends of Congress, of this House, or the 
true friends of State rights (not charging othen 
with intending to oppose them) to rally around 
th^Constitution, and to support, by their votes, 
' s occasion, the legitimate iK>wer& of the 
ture. If we do nothing this session but 
abstract resolution on the subject, I 
der all circumsunces, consider it a tri- 
for the best interesu of the country, of 
ich posterity will, if we do not, reap the bene- 
fit* Itrust that, by the decision which shall be 
given, we shall assert, uphold, and maintain, the 
authority of Congress, notwithstanding all that 
has been, x>r may be, said against it. ^flfeL. 

Mr. Nblsoii spoke a short time in ff^^^Mr. 
Clay. ^M' 

Mr. Clat ajgain rose. It was certaiin^vefy 
far from his intention, he said, to prefer any 
charge against the sentleman of imdue submis- 
sion to £xecutive influence; though the gentleman 
certainly had, with great zeal, if not ability, de- 
fended the conduct of the Executive in the cases 
of the employment of the military force in the 
construction of roads, and of that part of the 
message respecting the power of Conffress to 
make roads and canals. But the honoraoie gen- 
tleman, said Mr. C, has made some personal 
allusions to myself. I have been on a foreign 
embassy, he says. If I have, sir, that office was 
unsolicited, and was accepted under an imperious 
sense of public duty. [Mr. NiLeoii aaid he did 

Digitized by 





H. OP R. 

Internal Improvements, 


not mean to insinuate that that, or any other 
office, had been solicited by the Speaker, or was 
not due to his merit and public services.] Mr. 
C. resumed. The honorable gentleman has also 
thought proper to intimate that departments have 
been offered. It was not necessary for him to 
say whether there was any and what ground for 
this intimation; but he would say, that on this 
subject, not in this House, but elsewhere, motives 
had been ascribed to him, in relation to a particu- 
lar office, as false as the imputation of them was 
malignant. I have desired no office from the 
Executive; I have preferred the honors conferred 
on me by my constituents, and by the kindness 
of this House, to any in the gift of anv other 
branch of Government. With regard to the gen- 
tleman who fills the office of President, I have 
already said that I consider the office as an hon- 
orable reward due to him for his long and faithful 
services; for the simplicity, sincerity, and purity 
of his character, as displayed in the distinguished 
offices which he had previously filled. But, what- 
ever may be my opinion of him or of others, I 
shall sacrifice no part of my public duty to a ser- 
vile compliance with his views. I come here to 
serve my constituents and my country according 
to the Constitution, my conscience and my best 
comprehension of the public welfare. I am no 
grovelling sycophant, no mean parasite, no base 
suppliant at the foot of authority. I respect the 
co-ordinate branches of Government, but will ex- 
ercise my own rights with the freedom which 
belongs to an American citizen, without fear of 
the consequences. The gentleman speaks of im- 
peachment of the President, if he has exceeded 
his authority. Does the gentleman expect, by 
this sort of defiance, to influence this House or 
the people against the exertion of their Constitu- 
tional rights? The power of impeachmen 
one which, if ever exercised— and it 
doubted whether it ever will be in regan 
Chief Magistrate — can only be employed 
of palpable breaches of the Constitutioi 
bad motive. But it does not follow, becai ^ 
President is not, and will not be impeached for 
his conduct, that he may not have performed 
acts without the pale of his Constitutional au- 
tfaori ty^ I admit, certainly, the power of recom- 
to Congress of measures called for by 
food, which the Executive possesses; 
feb'd" that it is a power of a very ques- 
riiature, when attempted to be exercised 
in regard to constructions of the Constitution, 
and amendments to the instrument, in making 
which amendments the Constitution has given 
hira DO participation. The power of the Presi- 
dent is not to recommend to Congress abstinence 
firom action, but measures of a positive character. 
I do say, and I do think, and I care not who 
thinks otherwise, that in this particular instance 
it would have been better had the President re- 
frained from expressing his opinion against a 
measure which had the approbation of Congress 
at the last session, which ne must have supposed 
would be again renewed, whatever migrht be his 
optnien, and which, the gentleman's opmion not- 

withstanding, I believe niue-tenths of the people 
are in favor of. I repeat my thanks, said Mr. C. 
in conclusion, to the gentleman from Virginia, 
for the repetition of his wish that the people will 
put down us who support this measure. I will, 
for evil return to him good; and hope that the 
people will duly appreciate him and his exertions 
against the measure, and will permit him still to 
remain in this House, an ornament to the Legis- 
lature, and to the district he represents. 

After Mr. Clay's brief rejoinder, the Commit- 
tee rose and reported their agreement to the reso- 
lution, with an amendment to strike out all of the 
said resolution after the word Resolved, and to 
insert, in lieu thereof, the following*, to wit : 

1. That Congress has power, under the Constitu- 
tion, to appropriate money for the construction of post 
roads, military, and other roads, and of canals, and 
for the improvement of water-couraes. 

2. Resolved, That Congress has power, under the 
Constitution, to construct post roads, and military 
roads : Provided, That private property be not taken 
for the public use, without just compensation. 

3. Resolved, That Congress has power, under the 
Constitution, to construct roads and canals, necessary 
for commerce between the States: Provided, That 
private property be not taken for public purjNMes, with- 
out just compensation. 

4. Resolved, That Congress has power, under the 
Constitution, to construct canals for military purposes : 
Provided, That no private property be taken for any 
such purpose, without just compensation being made 

Leave was given for the Committee of the 
Whole to sit again, on the residue of the order 
committed to them. And then the House ad- 

iiment is 



Saturday, March 14. 

Mr. Herbert presented a petition of the Di- 

|ectors of the Eastern Branch Bridge Company, 

^aying that permission may not be granted to 

liild another bridge over the Eastern Branch, 

iihin the limits of the City of Washington.— 


Mr. Lowndes presented a petition of Darid 
Gelston, on behalf of himself and Peter A. Schenek, 
praying to be indemnified against a judj^ment re- 
covered against them for the seizure of the ship 
American Eagle, for an alleged breach of the 
laws of the United States, under direction from 
the Secretary of the Treasury. — Referred to thm 
Committee of Ways and Means. 

Mr. Forney, from the Committee on Military 
Afifdirs. reported a bill for the relief of the heks 
of Adolphus Burghart, deceased ; which was read 
twice, and committed to a Committee of ti»e 
Whole, on the bill for the relief of William 

The Speaker laid before the House a letter from 
Richard Bland Lee, Commissioner of Claiflaa. 
transmiuing a report of the facts in the case ot 
Nathan Ford, with the evidence accompanying 
it; which was referred to the Comnittee of 

The Spjulub ako kid before the Honst a le- 

Digitized by 



Distort of ocmeiuiBS. 


ti*m>a, 181S. 

/IWVfU* Jji|pf!OltMMttWW 

H. OF R. 

B»rt of the Seereurf of War, on the patiiion of 
riBtiici RoUins; whieh wat rctd, and ordefcd 
to lie OD the table. 

The Sfbacbr abo laid before the House a re* 
port of the Secretary of the Nary, oa the peutioo 
of Fredenek Brnest and Frederick Williamson ; 
which report was read, and ordeted to lie on the 

A UMtssMge from the Senate informed the 
House that the Senate hare passed bills of the 
foUowiog titles, viz: "An act respecting the 
transportation of persons of oolor, for rale, or to 
be held to labor/' ^nd, "An act to extend the 
jnrisdietion of the circuit court of the United 
Stales, to oases arising nnder the law relating to 
pateiUs ;" and a reaoLotioo " directing the distri- 
Miion of the laws of the fourteenth Congress, 
amoB^ the members of the fifteenth Congress f 
m whjch hills and reeolottone they ask the eon- 
corrence of this House. 

The first mentioned bill was read twice, and 
commiited to a Committee* of the Whole. 

The last mentioned bill was read twice, and 
referred to the Committee on the Judiciary. 

The resolution aforesaid was read twice, and 
referred io the Committee on the Judiciary. 

On motion of Mr. PoiNoazTBR, the Committee 
on Roade, Canals, and Seminaries of Learning, 
were loatKueted to inquire into the expediency of 
appropriating a reasonable sum, out of the pro- 
ceeds of the public lands in the State of Missis- 
sippi, to the opening and ioaproving the naviga- 
tion of Pearl river, in ssid State, to be expend- 
ed under the direction of the Sfecretary of the 


The House ^^iag resumed the consideration 
of the report of the Committee of the Whole, on 
the report of a Committee on the subject of Roads 
and Cfaaals ; and the question bein^ on agreeing 
to the first resolution reported by said committee, 
in the fbUowiag words: 

1. Raohedt That Congress has power, nnder the 
ConsHtntion, to appfopriata money for the oonstmc- 
tkm ef poet roadj, militaiy, and other roads, and of 
rantlsi iai lir tlM improvement of water-ooarses. 

Mr. Josvaoa, of Kentucky, said he had never 
TOted for any proposition since he had enjoyed 
the honor of a seat in this Hoftis% which he did 
not believe to be sanctioned by the expsais letter 
of the Constitution ; nor should he on the present 
occasion. After expressing the satisfaction which 
he had received from thif debate, than which he 
had never listened to any with ffreater pleasure, 
Mr. J. proceeded to say, that, as he bottomed his 
opinion on this question on the express letter of 
the Constitution, he should derive no aid in sup- 
port of his rote by implication. He claimed for 
Congress no j^nt of power under that clause of 
the Constitution whicA speaks of the common 
defence and general welfare ; nor did he stand 
here in any other character than aa an advocate 
for State rights ; for he was thoroughly convinced 
that there Qtver waa a main vital attack 09. the. 

integrity of the States, aad 00 State rights, than 
would be the rejection of the present propocition, 
unless it were immediately followed by an amend* 
meat to the Constitution In this respect. 

Mr. J. called the attention of the House to 
that part of th^ Constitution which gives to Con* 
gross the power to regulate commerce among the 
several States. On what principle, if this propo- 
sition were to be rejected, had Congress appro- 
priated, for the purposes of trade with the Indian 
tribes three hundred thousand dollars of the pub- 
lic money ? Under what part of the Constitu- 
tion did Coni^ess exercise the power of appro- 
priating money for the purpose of erecting and 
maintaining light-houses, if not under that of 
regulating trade with foreign nations? For 
neither of these objects was there a grant of 
power in stronger terms, or more certainly im- 
pa'^rted to Connress, than was the power to give 
security and meility to the trade between the 
several 8utes| for which purpose the Gkneral 
G(overnment had the same power over the soil of 
the several Smtes^ as it aadeaiably had over the 
watercourses. It to the States alone Monged 
the power of naking roads and canals, he conld 
not, he said, conceive of anything more calcubi* 
ted to weaken the power or the States, than to 
subject those roads and canals, when made by the 
States, to the control of the Gkneral Government 
for the purpose cff exercising its Caostitstional 
power of reguktiog the intercourse between the 
Sutea. Suppose, said he, that the State of Ken- 
tticky should nmke a canal ipund the falls of the 
Ohio, will Congress regulate the trade throi^ 
this channel, or will it surrender to the State of 
Kentuckv the power expressly granted to Coik- 
grees? If Congress do not give up the power, 
we shall be tributary to the United States | we 
shall have opened a canal with our own re- 
sooaaes, and Congress will have the power to 
regulate trade through it. As strange, therefore, 
as it mi^ht appear to some gentlemen who had 
argued in a very different manner. Mr. J. eaid, ht 
contdided that the rejection of this propeaition 
had a tendency to weaken the authority of the 
Stales, and to mtake State rights sobee cviea t to 
the Oongrees of the United States. Again, eaid 
he, I ask any gentleman to point 
possible way roads aad canals cm 
for the purposes pointed out in the 
The object of opening a road or ai 
cilitate intercourae among the Stati 
the people. But, it was said, that t 
such a power was not necessary in 
the term used in the Constitution* 
sary, he asked, to have aational armories 1 Can- 
not we porehaae arms by private contract 7 Is 
it necessary to have magaiines? Can we not 
hire buildings for the purpose 9 But we builcL 
and wisely build, magazines and armories, and 
appoint persons to labor in and superintend them. 
And more necessary and proper, he de- 
manded, to have magaxines, and national armo- 
ries, than to have roads and canals to give facili- 
ty to. the transportation of the munitions of war 1 
Haaheuld be glad to know, he said, on i^at 

Digitized by 





H. OF R. 

Jntemal Improvements, 

March, 1818. 

principle of coDstruction of (be Constitution gen- 
tlemen would deny to Congress the power of 
opening roads and canals for the purpose of in- 
ternal trade and commerce^ and for the purpose 
of transporting munitions of war, unless, in the 
instance he had mentioned, there had been fre- 
quent and flagrant violations of the Constitution. 

In regard to the power in question, if to exer- 
cise it would be a violation of the Constitution, 
it has been violated in many cases already— in 
making a road from Georgia to New Orleans, 
from Nashville to Natchez, &c. — in making the 
great road from Cumberland to Ohio, and from 
Ohio to the line — in opening a road from Detroit 
to Fort Meigs, and from Fort Mei^s to Lower 
Sandusky, with several others, which he men- 
tioned. If these were violations of the Constitu- 
tion, thus repeated, it depended upon gentlemen, 
if the Constitution was worth preservation, to 
show bow this evil was to be corrected. 

As to the arguments which had gone to the 
policy of this measure, he had never before heard 
the utility of internal improvements a subject of 
controversy. Had the policy of the different 
States, in opening roads and canals, been ob- 
jected to? Had the policy of foreign nations in 
this respect been deemed unwise ? Had the pol- 
icy of Holland been questioned, where there was 
a continued chain of internal navigation ? On 
the continent of Europe, had there ever been a 
difference of sentiment as to the value of the 
canals which intersect it ; of the canal of Langue- 
doc, or of that of the Seine and Loire, or of hun- 
dreds of others, which it were unnecessary to 
occupy the time of the House by enumerating? 
Had the policy of China ever been objected to, 
which had a canal navigation of eight hundred 
miles in extent, and which employed two thou- 
sand individuals for forty years in its construc- 
tion, from Pekin to Canton ; and canals even to 
water the farms, besides roads innumerable, 
which it would take him till doomsday to enu- 
merate? Or that of England, who had opened 
an internal communication by means of canals, 
uniting the Irish Channel with the German 
Occan^ and pervading the country, which were 
to ihe people af England the source of much 
of much convenience? We have 
nd people differ as to the rights of 
to tbe tenets of religion, and as to 

^ ^nmeQt,from democracy to despot- 

isill , uurmost every question arising out of the 
muliipliSty und variety of human concerns ; yet, 
go tQ EnglBDd, Holland, France, China, Russia, 
you End canah and roads distributing around 
fertility and accommodation. Yet it would ap- 
pear, from the discussion which had taken place, 
there was, in the Congress of the United States, 
a difference of opinion as to the policy of internal 
improvement! At this Mr. J. expressed great 
surprise. Bring your imagination, said he, to 
eontemplata a union of the waters of the Illinois 
with the waters of Michigan ; of the Miami with 
tbe Ohio ; of the Alleghany with the waters of 
Lake Erie. Bring your mind to reflect on the 
immenae advantages to be derived fVom a con- 

nexion between tbe waters of the Atlantic with 
the upper Lakes, by means of the Susquehannah, 
the Hudson, and the Delaware; between James 
river and Catawba ; between the waters of Ala- 
bama and Tennessee; between those of the Ches- 
apeake and Delaware. What is there alarming 
in the General Government having it in its power 
to accomplish these and similar objects ? If I 
could see any evils possibly resulting from the 
exercise of such a power, far would it be from 
me to advocate it. 

Mr. J. said he had not risen to make a speech 
on this subject ; but, as it might not fall to his 
lot hereafter to have an opportunity of expressing 
his opinion on the subject of internal improve- 
ment, by means of roads and canals, he could 
not forbear to state to the House, as he had done, 
that, resting on the letter of the Constitution, not 
on its spirit ; on the words of it, not on derivative 
construction ; not in opposition to State rights, 
but in support of them, he was decidedly in utvor 
of the report of the committee favorable to inter- 
nal improvement, under the authority of the Uni- 
ted Slates. 

Mr. Desha moved to amend the said resolu- 
tion, by striking out the words ^^and oiher^^ the 
effect of which would have been to confine tbe 
declaration to post roads and military roads. 

After some remarks from Mr. Lowndes, who 
desired that the amendment might not prevail, 
that the House might be allowed to vote on the 
broad proposition, the motion of Mr. Desha was 

Mr. Mills moved to postpone indefinitely the 
further consideration of the subject, and supported 
this motion in a speech of half an hour. 

Mr. Tucker spoke against the motion, and 
called upon gentlemen to unite against it, that the 
opportunity might not be lost of expressing the 
opinion of this House. 

Mr. Rhea then delivered his sentiments on the 
general question. 

Mr. Smith, of Maryland, supported the motion 
for postponement by a number of remarks, tha 
object of which was to show that a further pros- 
ecution of the discussion would be a consump- 
tion of valuable time, without any probability of 
arriving at a practical result. 

Mr. Lowndes replied to Mr. Smith, by obser- 
vations calculated to show that it was highly im« 
portant to obtain a decision of this House at the 
present session ; a different course, after the many 
days consumed in debate, he thought would be 
unjust to the committee who bad made report 
on the subject, and dissatisfactory in its result. 

Messrs. Baldwin and Livermore also opposed 
the indefinite postponement. 

The motion for indefinite postponement was 
decided in the negative, by yeas and nays— for 
the postponement 77, against it 87, as follows : 

YxAS — Messrs. Adams, Allen of Massachusetts, Al- 
len of Vermont, Anderson of Pennsjlvania, Austin, 
Ball, Barbour of Virgmia, Baasett, Bellinger, Bea- 
nett, Blount, Boden, Boas, Bryan, Burwell, Butter^ 
Olagett, Claibome, Cook, Crafts, CulbreA, Dedtt, 
Brake, £arl«> Edwards, Folgei^ Feney, Qamett, Hale» 

Digitized by 





MAacm, iai& 

Jwfll'MIl /RiprO0#WMSl#* 


HaU of Novth Omli]ia,Hofgt HolBMof Conntoticat, 
Hunter, Hvntuiftoii, JohiMon of yiigiiiia» KiztUnd, 
McCoy, M«D| Mmou of MtsMchiisetUi, Merrill, Mid* 
dleton, MOb, Noeeley, H. NeiMm, T. M. Nelion, New, 
On, Owes, Pitkin, Plaaaantf, Reed, Rhee, Rice, 
Bidktidi, Ringgdd, Rogglee, Sampeon, Scudder, Set* 
tie. Shew, Sherwood, Silibee, S. Smith, Alexander 
Smjth, J. 8. Smith, ^^eed, Stewart of North Carolina, 
Strong, Tompkim, Townaend, Tucker of South Car* 
oHna, Tjler, Walker of North Carolina, Whitman, 
"^inUiamf of Connecticut, Williamt of New York, and 
Williama of North Carolina. 

NaT! — ^Mesirf. Abbott, Anderson of Kentucky, 
Baldwin, Barber of Ohio, Bateman, Bayler, Beech- 
cr, Btoomfield, Campbell, Cobb, Coleton, Comstock, 
Crawftrd, Cnger, Cuihman, Darlington, EUicott, fir- 
Tin of South Carolina, Fonyth, Gage, Hall of Dela- 
ware, Harrison, Haebrouck, Hendri^s, Herbert, Her- 
kimer, Heniek, Heiiter, Hitchcock, Holmes of Mas- 
ich ^a e Cte, HopkineoB, Hubbard, Irring of New fork, 
Johnaon of Kento^j, Jones, Kinaej, Lawyer, Linn, 
Liyermore, Lowndes, McLane, W. P. Maclar, Mar^ 
chand, Meroer, Moore, Morton, Mumfbrd, Murraj, 
Ogden, (Me, Pafaner, Parrott, Patterson, Pawling, 
Peter, Pindall, Poindexter, Porter, Queries, Rich, Rob- 
ertson of Kentucky, Robertson of Louisiana, SaTagc, 
Sawyer, Schuyler, Sergeant Seybert, Simkins, Slo- 
cumh, Bal. Itaith, Southard, Spencer, Stuart of Manr- 
land, Tallmadge^ Tarr, Ti^lor,Terrill, Trimble, Tuck- 
er of Yirginia, U^am, Wallace, Wendorer, West* 
etks WMtestde, Wilkin, Wilson of Massachusetts, 
end Wileon of Pennsylrania. 
. The question wis then taken on concurriDg in 
the first resolution adopted by the Cominittee of 
the Whole, as aboTe stated^ and decided as fol- 
lows — yeas 90, nays 76 : 

Tbas — ^Means. Abbott, Anderson of Kentucky, 
BaJihrin, Barber of Ohio, Bateman,. Bayley, Beeoher, 
Bioomfield, Campbell, Cobten, Ce mst ock, Crawford, 
Cruger, Cnshman, Darlington, ElUoott, Elrtin of 8. 
Carolina, Forsyth, Gage. Ball of Delaware, Harrison, 
Hasbronck, Hendricks, Herbert, Herkimer, Herrick, 
Heister, Hitchcock, Holmes of Massachusetts, Hookin- 
son, Hubbard, Irring of New York, Johnson of iCen- 
tucky, Jones, Kinsey, Lawyer, Linn, Livermore, 
L u w ud e e , McLane, W. P. Maclay, Marched, Marr, 
Maieer, Middleton, Moore, Morton, Mumford, Mur- 
ray, Jtreiieh Neieoii, Ogdoo, Ogle, Palmer, Parrott, 
PattUBsn, Pawttag, Peter, Pindall, Pbindezter, Por- 
ter, i^uarise, Robertson of Kentucky, Robertson of 
Louitea, Safage, Sehojlei, Sergeant, Seybert, Sim- 
Una, SleeoBb, a South, BaL Smith, Southard, Spen- 
cer, Stoait of Maryland, TaUmadgSf Tair, Taybr, 
TerriD, Trimble, Tudcer of Virginia, Uphsia, Wei- 
Uce, Wendorer, Westerlo, Whiteside, Whitman, Wil- 
kin, Wilson of Massachusetts, and Wilson of Penn* 

N^ts — ^Messrs. Adams, Allen of Massachusetts, Al- 
len of Yermont, Anderson of PennsyWania, Austin, 
Ball, Barbour of Virginia, Bassett, Bellinger, Ben- 
nett, Blount, Bodeo, Biyaa, Burwell, Butler, Clagett, 
Cobb, Ccokf Crafts, Culbreth, Desha, Drake, Eerie, 
Edward^ Folger, Forney, OameU, Bale, Hall of N. 
Carolina, Hogg', Holmes of Connecticut, Hunter, 
Huntington, Johnson of Virginia, Kirtland, McCoy, 
Mason of Massachusetts, Mason of Rhode bkndjMer- 
liil. Mills, Meseify, H. Nelson, T. M. Nelson, New, 
Orr, Owen, Pitkin, Plessants, Reed, Rhea, Rice, 
Richards, Ringgold, Rug^es, Sampson, Sawrsff, Scud- 
dK,8ettle» Sherwood, Shaw, Silsbee, Alexander Smyth, 

J. a Smithy Speed,^tewtft of North Carolina, Strong^ 
Teny, TompUns, Townsend, Tucker of South Caro- 
lina, Taylor, Walker of North Cavi^lina, WiIImm of 
Connecticut, WilKaos of New York, and Williams of 
North Carolina. 

So the first resolution was adopted. 

The second resolatton baring been read in the 
following words: 

2. Be$okedj' That Congress has power, under the 
Constitution, to construct post roads and military 
roads; prorided that prirate property be not taken for 
public use, without just compensation. 

Mr. HoLMSs, oJ^Massachasetts, mored to amend 
the resolution by inaerting, after the words " pri* 
Tate property," the words "or the property of 
any State;" and adding to the end of the teeolTO 
a clause, that neither the property of the one nor 
the other be taken, without jost compensation 

This motion was grounded by Mr. Holmes, 
and supported by Mr. Rhca. as presenting the 
question more broadly to the House, and was op* 
posed by Mr. Lowndes, as embracing a wider 
scope than he was willing to giye to the resolu- 
tion, and, in fact, introducing a new principle. 

The motion was n^gatiyed. 

Mr. Desha mored to amend the resolution by 
inserting;, alter the words *' military roads/' the 
words ** with the consent of the States."— Negi- 

The question was then taken on agreeing to 
the second reet^ution as abore stated, and decided 
as follows— yeas 82, nays 84: 

YxAS — Messrs. Anderson of Kentucky, Baldwin, 
Barber of Ohio, Bateman, Bayley^ Beecher, Bloom- 
field, Campbell, Colston, Comstock, Crawford, Cruger, 
Cushman, Darlington, EUicott, Enrin of South Caro- 
lina, For^rth, Gage, Hall of Delaware, Harrison, Has- 
bronck, Hendricks, Herbert, Herkimer, Herrick, Heis- 
ter, Hitehco^, Hopkinson, Irring of New Yo^ John- 
son of Kentucky) Jones, Kinsey, Lainrer, Linn, Lirer^ 
more, Lowndes, McLane, Mai%lMlted, Msrr, Mercer, 
Moore, Morton, Mumford, Murrayy Ogden, Ogle, Pal- 
mer, Parrott, Patterson, Pawling, Peter, Pindall, Porw 
4er, Quartes, Bleh, Boberlson of Kentud^, Robsrtsoa 
of Louisiana, Sarage, Schuyler, Sergeant, Seybett, 
Simkins, Sloeumb, Ballard Smith, Southard, Speed, 
Spenoer, Stunt of Maryland, TaHmadge, Tair,:Taylor, 
iWiU, TrimUe, Vtlbm, Wallaee, We 
erio, Whitesids, WUkin, Wilson of Ma'^ 
Wilson of Pennsylrania. '^'; 

Nats— Messrs. Abbott, Adams, AlleflV 
sstts, Alien of Yermont, Anderson of Pel! 
Austin, Ball, Barbour of Yirginia, Bassett, Bellinger, 
Bennett, Blount, Boden, Boss, Bryan, Burwell, But- 
ler, Clagett, Claiborne, Cobb, Cook, Crafts, Culbreth, 
Desha, Drake, Earle, Edwards, Folg<^, Forney, Gsr- 
nett. Hale, Hall of North Carolina, Hogg, Holmes of 
Massachusetts^ Holmes of Connecticut, Hunter, Hont^ 
ington, Johnson of Yirginia, W. Maday, W.P. Mac- 
lay, McCoy, Mason of Massachusetts, Mss<m of Rhode 
Island, Merrill, Mills, Moseley, Jeremiah Nelson, H. 
Nelson, T. M. Nelson, New, Orr, Owen, titkin, 
Pleasants, Poindexter, Reed, Rhea, Rice, Richards, 
Ringgold, Ruggles, Sampson, Sawyer, Scudder, Settle, 
Shaw, Sherwood, Silsbee, S. Smith, Alexander Smyth, 
J. S. Ssnth, Stewart of North Caiuliaa, Strong, Ter- 

Digitized by 





H. or R. 

Jhiemal Imprwemente, 

March, 1818. 

ly, Tompkins, Towmtnd, Tucker of Virginia, Tucker 
of South Carolina, Tyler, Walker of North Carolina, 
Whitman, WilHama of Connecticut, Williams of New 
York, and Williams of North Carolina^ 

So the resolution was not agreed to. 

Mr. Strother desired to record his vote in the 
negative on this question, having heen accident- 
ally out of the House when the question was 
put ; hut the standing rule forbade the leave. 

The third resolution was then read, as fol- 

<< Resolved, That Congress has power, under the 
Constiti^tion, to construct roads and canals necessary 
for commerce between the States ; provided, that pri- 
vate property be not taken for public purposes, with- 
out just compensation." 

Mr. Holmes moved to amend the resolution, 
by adding thereto a clause, that no property !<hali 
be taken of any State, without making compen- 
sation therefor. — Negatived. 

Mr. Tucker, of Virginia, then moved to amend 
the resolution, by inserting, after the word "States," 
the words. '' with the consent of the States through 
which the same may pass." 

This motion was negatived by yeas and nays — 
120 to 46, as follows : 

Yeas — Messrs. Abbott, Adams, bII], Barber of 
Ohio, Bateman, Cobb, Crawford, Culbreth, Desha, 
Harrison, Hasbrouck, Hendricks, Herrick, Hitchcock, 
Holmes of Massachusetts, Hubbard, Johnson of Ken- 
tucky, Jones, Linn, Livermore, Marchand, Marr, Moore, 
Murray, Jeremiah Nelson, T.M. Nelson, Palmer, Pat- 
terson, Peter, Pindall, Porter, Robertson of Louisiana, 
Sawyer, Seybert, Slocumb, 8. Smith, Southard, Speed, 
Spencer, l^tewart 6f North Carolina, Tallmadge, Tarr, 
Trimble, Tucker of Virginia, Upham, and Wilson of 

Nats — Messrs. Allen of MassachuMtts, Allen of 
Vermont, Anderson of Pennsylvania, Anderson of 
Kentucky, Austin, Baldwin, Barbour. of Virginia, Baa- 
selt, Bayliaj, Beech er, Bellinger, Bi>nnett, Bloom- 
Held, Blauiu, Boden, Boi&, Bryan, BurwelJ, Butler, 
CimpbeU, Ciagett, ClHiborii(>, Oolitony Comstock, 
Cook, CmfiA, LVMger^ Cuahman, Darlington, Drake, 
Earle, K(1wbjljb, Ellieott^ Ervin of South Carolina, 
Folgori Forney, Forsyth, Ciamett, Hak, Hall of Debt- 
ware, Hail of North Caroliaa, Herbert, Herkimer, 
HeiEt^n^ggT Helntes of Connecticat, Hopkinson, 
Hunjl^^mfflngto n, Irvjcig of New York, Johnson of 
VirgiaJft^Kiheeyf Lawyer, LownJea, McLane, W. 
Maclif^W, P. Maday, McCoy, Maaioa of Maasa- 
cbuieUs," Mason of Rhode I^fJaxid, Mercer, Merrill, 
MiddUton, Mills, jMorton, Moii^^ley, Muaiford, H<Nel- 
$00, New. Ogden, Ogte, Orr, Owen, Parrott, Paw- 
ling, Pitkin, Pkaaanta, Poind ex ter, Quarles, Reed, 
Khati Rice, Rlth, Hi char Jt;, Kinggoiel, Robertson of 
Kentucky! l^u^gles, Sarap^ortj Suvage, Bchuyler. Scud- 
der, ScTgi^&nt, Sett[<?f Shaw, Silsbee, Simkins, Ballard 
Smithy Akiander Sm^lh, J. B, StnlLh, Strong, Stuart 
of Marjbnd^ Taylor, Terrill, Terry, 7'o napkins. Town- 
fiend, Tucker of South Cordina, Tyler, Walker of 
North Carolina, Wallace, We ado ver, WesterJo, White- 
side, W tut man, WHIUoib of Connecticiaty Williams •£ 
New York, Wiltiam^ of North Uarolkia, Wilkin, and 
Wilson of MaeaacbUBCttfi. 

The qaeaiion then reeurred on sgreeiog to the 

third resolution, and, being taken, was determined 
in the negative — yeas 71, nays &5, as follows: 

Yeas — Messrs. Anderson of Kentucky, Baldwin, 
Bateman, Bayley, Beecher, Bloomfield, CampbeQ, 
Colston, Comstock, Crawford, Cruger, Cushman, Dar- 
lington, Ellicott, Ervin of South Carolina, Forsyth, 
Gage, Hall of Delaware, Harrison, Hasbrouck, Her- 
bert, Herkimer, Herrick, Heister, Hitchcock, Hopkins 
son, Hubbard, Irving of New York, Johnson of Ken- 
tucky, Jones, Kinsey, Lawyer, Livermore, Lowndes, 
McLane, Marchand, Moore, Morton, Mumibrd, Ogden, 
Ogle, Palmer, Parrott, Patterson, ^^awling, Peter, Pin- 
dall, Porter, Quarles, Rich, Robertson of Ky., Robert- 
son of Louisiana, Savage, Schuyler, Sergeant, Sim- 
kins, Bal. Smith, Spencer, Stuart of Maryland, Tall- 
madge, Tarr, TerriU, Trimble, Upham, Wallace, Wen- 
dover, Westcrlo, Whiteside, Wilkin, Wilson of Mas- 
sachusetts, and Wilson of Pennsylvania. 

Nats — Messrs. Abbott, Adams, AUmi of Maasaflho- 
setts, Allen of Vermont, Anderson of PennsyWania, 
Austin, Ball, Barbour of Virginia, Barber of Ohio, 
Bassett, Bellinger, Bennett, Blount, Boden, Bosa^ 
Bryan, Burwell, Butler, Clagett, Claiborne, Cojbb, 
Cook, Crafts, Culbreth, Desha, Drake, Earle, Ed- 
wards, Folger, Forney, Garnett, Hale, Hall of North 
Carolina, Hendricks, Hogg, Holmes of Maasachuaetts^ 
Holmes of Connecticut, Hunter, Huntington, JohiMon 
of Virginia, W. Maclay, W. P. Maclay, McCoy, Manr» 
Mason of Massachusetts, Mason of Rhode Island, 
Mercer, Merrill, Mills, Moscley, Murray, Jer. Nelson, 
H. Nelson, T. M. Nelson, New, Orr, Owen, Pitkin, 
Pleasants, Poindexter, Reed, Rhea, Rice, Richards, 
Ringgold, Ruggles, Sampson, Sawyer, Scudder, Settle, 
Seybert, Shaw, Sherwood, Silsbee, Slocumb, S. Smith, 
Alex. Smyth, J. S. Smith, Speed, Stewart of North 
Carolina, Strong, Strother, Taylor, Terry, Tompkins, 
Townsend, Tucker of Virginia, Tucker of South Car- 
olina, Tyler, Walker of North Carolina, Walker of 
Kentucky, Whitman, Williams of Conneetieut, «nd 
Williams of North CaroHna. 

The question was then stated upon concurritig 
with the Committee of the Whole, in that part 
of their amendment embraced by the fourth res- 
olution, in the following words, viz : 

4. Resolved, That Congress has power, under lh# 
Constitution, to construct canals for militaiy purpotea : 
Provided, That no private property be takea for anj 
such purpose, without just oompensation beisig mmA 

Mr. Dbbha moved to amend the same, by Ib« 
serting, after the word *• purposes,'* Ihe words 
'^ with the consent of the States through whicd 
they may pass." 

And the question being taken thereon, it was 
determined in the negative. 

The question then recurred on agreeing lo the 
said fourth resolution, and, being takeoi, it was 
determined in the negative— yeas 81, nays 83, as 

YiAS — Messrs. Abbott, Anderson of Kentuekj, 
Baldwin, Bateman, Bayley, Beecher, Bloomfield, 
Campbell, Cobton, Comstock, Cruger, Onahmas, Da)r^ 
lingion, fillicott, Ervin of South Carolina, ForsyUi, 
G^ge, Hall of Delaware, H«rriaon, Hasbroudt, Hectd* 
rieka, Herkimer, Herrick, Heister, Hitchcock, Hopkin^ 
aon, Hubbard, Irving of New York, Jehn^n of Iten- 
tucky, Jones, Kiaaey, Lawyer, Lhln, Livermore, 

Digitized by 






BekUiom wUh S^fHxin, 


L&mH^ MoLmm» MaMAoad, Vimr, M M^def » Mo«re, 
MottDn, Mmlwd, Momij, Ofden, Ogle, Ftlmer, 
Piirolt, PftttOTOB, Pftwling, Peter, PiaMl, Porter, 
QduIw, Bidi, BebMteDD of KmUuky, BobertMm ef 
LoakUna, SaTtge, Schojler, Sergeant, Sejbcort, Sioit 
km8» Blocomli^ Ballard Smtth, fienthaid^ Speed, Spen- 
cer, aioart oi I#a0land, TaUmadge, Tair, Tajlor, 
TeniU, TrioiUe, Uphatt, WaUftoe, WendoTcr, Weei- 
erlo, Wmteetde, Wilkin, Wilson of Manachuaetta, and 
Wilaoa of Penn^Wania. 

Ka¥*— Meem* Ada«B, AUen of MaaMcl^iMett^ 
Allen of VeimoBft, Andenon of Poin^Wania, Austin, 
BaUt Barbour <^ Viiginiat Barber of Ohio, BaMolt, 
BeUinger, Bennett, Blount, Boden, Boae, Bryan, Bur*> 
well, Butler, Clagett, Claiborne^ Cobb, Cook, CrafU, 
Culbreth, Deiha. Brake, Barie, Edwards, Folger, For- 
ney, Qaraett, Hale, Hogg, Holmes of Massachusetts, 
Hohnee of Connecticut, Huntington, Johnson of Yir* 
gnia, W. Machj, W. P. Maclay, McCoy, Mason of 
Jfasaachosetts, Mason of Rhode Island, Merrill, Mills, 
Moeeley, Jeremiah Nebon, Hugh Nelson, T. M. Nel- 
son, New, Orr, Owen, Pitkin, Pleasants, Poindexter, 
Reed, Rhea, Rice, Richards, Ringgold, Ruggles, Bainp- 
•OB, Sawyer, Seudder, Settle, Maw, Stiebeo, 8. fSmA, 
Alexander Smyth, J. S.Smidi, Stewart of North Oar- 
oMna, Strong, SCroither, Terry, TompUas, Townsend, 
Tucker of Virginia, TudiEer of South Carolina^ Tyler, 
Walker of North Carolina, Walker ef Kentucky, 
Whitnan, WiUiains of Connecticiit, Willians of New 
Yoikf gnd WillianM of North Carolina. 
So the resolmioft wta not agreed to. 
The restth of the whole proceeding i«, that the 
House have come to the following resolution : 

^ That Congress hate power, under the Constitution, 
to appropriate money for the construction of post roads, 
military and other roadi^ and of cands, and for the 
improTement of water-courses." 

Mr. PoiVDfiXTBR then submitted for considera- 
tioa the following resolution : 

•^MefBimd, That OoagMM hvre poweiv under te 
Cmistitntaon, to appiopriale BOttey in aid of the eo»- 
slnietioii of roade^and canals^ whieh shall be laid out, 
and eenatmeled, under the authority of the Lf giala- 
taie of the Statea through which they pass." 

After some Qooveraatioii— - 

The queMMii beuf lakea thereoa, wts deeidtd 
ia ike negative. 

Mi;* iiOWNMSB then remarked, that, after the 
decision of this House to-day, there could be no 
doubt that a 14rge majority of the fibase eater- 
taned the convtetioa of the power of Congress 
to appropriate money for the purpose of eonstruet- 
ail|^ roads and canals. The sense of the House 
being thus aseertained, and the obstruction re- 
mored to any proposition embracing that object j 
he moved that the further consideration ot the 
leporc lie on the table. 
The motion baring been agreed to-^ 
Mr. TuccEBf of Virgtoia) from the Committee 
on Roads and Canals, reported a bill making. fur- 
ther appropriations tor the Cumbeilaud road; 
whieh was twice read nnd committed. 

The following Message was reoeired from the 
PftMiDBirF OF Ttts Ukitbii Statba: 

To Me ^^koAmt of Ma AbiMeo/lCkty^rMMiaifees .• 

Incompliance with aresolntion of the Senate^ of the 
1«^ December, and ef the House of Repiesenlativesb 
1 1^ before Congress, arepm of the Secretary efSlae^ 
and the papers referred to in it, respecting the negotii* 
tion with Spafai. To expktn fully the nature of the 
diffnences between the United States and Spaio, and 
the conduct of the parties, it has been found neoesea^ 
to go back to an early epoch. The recent correspond 
ence, with the documents accompanying U, will gi^a 
a full view of the whole subject, and place the conduct 
of the United States, in e?ery stage, and under every 
circumstance, for justice, moderation, and a firm ad- 
herence to their rights, on that high and honorable 
ground, which it hss in?ariably sustained. 


WxBBnfBTOV, March U, 1818. 

DBVAmmYT <» Btavm, Mmtk U» 1816. 

The Secretary of State, to whom have been refemd 
the TCMlation of the Senate^ of 16th December, and 
of the House of RepreeentaUTes of ^ i4th Pebruarr 
last, has the honor of submitting to the PfesUent Hie 
oorrespondenoe between this Dep aitm ent and the 
Spanish Minister's residence here, since he received 
the last instructioae of his Government to renew the 
negotiations which, at the time of the last commaai- 
cation to Congress was suspended by the IneoffieieBcy 
of his powers. These documents will show «he pie>- 
sent state of the relations between Ihe twt> Oovent- 

As in the remonstrance by Mr. de Oniv of the 6ih 
of December against the occupation by the United 
States of Amelia Island, he refers to a previous oom- 
munication from him, denouncing the expedition of 
Sir Gregor McGregor against that place, his note of 
9th July, being the paper thus rcfoired to, is added to 
the papers now transmitted. Its date, when compared 
with that of the occupation of Amelia by McGregor, 
will show that it was written ten days after that event ; 
and the contents of his note of eth December, wfll 
show that measuree had been taken by the competent 
authorities of the United States to arreet McGregor m 
soon as the unlawfulness of his prooee£ngs within 
our jurisdktion had been made known to them by 
legal evidence, although he was beyond tiie reach ef 
the process before it could be served upon his persMb 
The tardiness ef Mr. Onis's renaonstranoe isof itself a 
decisive vindication of the magistrates of the UUted 
States against any imputation ef necHect to eoiiine 
the laws; for, if the I^MOush Minister hhnself had m> 
evidence of the project of McGiegor, saftden^ war- 
rant him in addressing a note upon the subj^totMs 
Department, until ten days after it had beA'accoia- 
pliahed, it cannot be supposed that officers^, whose au- 
thority to act commenced only at the moment of the 
actual violation of the laws, and who could be justified 
only by clear and explicit evidence of the facts in proof 
of such violation, should have been apprised of the 
necessity of their interposition in time to mske it ef- 
fectual before the person accused had departed from 
this country. 

As, in the recent discussions between Mr. Onis and 
this Department, there is frequent reference to those 
of the negotiation at Aranjuez in 1806, the corres- 
pondence between the Bxtraordinary Minister of the 
United States at that period, and Den Pedro Cetallos, 
then the Minister of Foreign AfiUrs in Spain, will be 
alao submitted as soon as may be, to be laid betan 
Congress, together wiUi the ootiespoadence between 

Digitized by 



msToar of ookg^sbbb. 


H. OP R. 


Makcb, 181S. 

Don Frandico Pkaoro and Mr. Emiif , mime^Mtalj 
BNoediiig the tranfmiifioa of new inetnietione to Mr. 
Onie and other oorreepondence of lir. Onif with thia 
Department, tending to complete the view of the rela- 
tione between the two oonntriea. 


[Ac€OfDpAoyiDff this report were the docu- 
ments) of which toe following is a list :] 

No. 1. Don Luis de Onis to the Secretarj of State, 
9th July, 1817. 

No. 2. The same to the same, 6th December, 1817. 

No. 8. The vame to the same, 10th December, 

No. 4. The Secretary of State to Don Lnis de Onis, 
16th December, 1817. , 

No. 5. Don Luis de Onis to the Secretary of State, 
89th December, 1817. 

Jfo* 6. The same to the same, 6lh January, 1818. 

No. 7. The same to the same, 8th Jannaiy, 1818. 

No. 8. The same to the same, 8th January, 1818. 

No. 9. The Secretary of State to Don Luis de Onis, 
leth January, 1818. 

No. 10. Don Luis de Onis to the Secretary of SUte, 
94th January. 1818. 

No. U. The same to the same, 10th February, 

No. 13» The Secretary of StaU to Don Luis de 
Onis, ISlh March, 1818, (with enclosures, A. 1, B. S, 
C. 3, D. 4, £. 6.) 

The Message and accompanyiog docoments 
was referred to the committee on so much of the 
President's Message " as relates to the subject of 
Foreign Affairs." 

Monday, March 16. 

Mr. Marr presented a petition of the General 
Assembly of the State of Tennessee, praying that 
such measures may be adopted, as will en able of 
citizens of that State to talce possession of lands 

eurchased by them from the State of North Caro- 
na^ and which are now held by the Chickasaw 
Indians, under a treaty concluded with the Uni- 
ted States.— Referred to the committee appointed 
OB the 17th December last, respecting the Indian 
title to lands within the Sute of Kentucky. 

Mr. RoBiRTSOif, of Louisiana, presented a peti- 
tion of Qales A Seaton, stating, that they pro- 
pose to publish a HUtorp of Omgrtw^ from the 
eomiqtficement of the Qoremment to the pre- 
sent cugT) And praying the aid and patronage of 
Congre^ in their said publication ; which was 
read, and referred to a select committee; and 
Mr. RoBBRTsoN, Mr. Ttler, Mr. Hopkinson, 
Mr.* Holmes, of Massachusetts, and Mr. Sim- 
KIM8, Were appointed the committee. 

Mr. Scott presented petitions of sundry in- 
habitants of the Territory of Missouri, praying 
that the said Territory may be admitted into the 
Union, as a State, on an equal- footing with the 
original States ; which were, together with the 
petitions of a similar nature, heretofore presented 
•i the present session, referred to a select commit- 
tee ; and Mr. Scott, Mr. Robbetsom of Ken- 
tucky, Mr. PoinofiXTBR, Mr. Hbhdrico, Mr. 
LiTERMORB, Mr. Mills, and Mr. Baldwui, were 
appointed the committee. 

Mr« Soott also pretenlid a petiiion of euadrf 
inhabitants of the southern part iA the Terriiory 
of Blissoori, praying for m dirision of the said 
Territory ; which was referved to the commiltet 
last appointed. 

The Spbakbr presented a petition of sundry 
inhabitants of the counties of Lehigh and North- 
ampton, in the State of Fennsyhrania, stating 
the misconduct of certain officers of the militia of 
the said counties, whilst sitting on courts martial 
for the trial of persons who failed to perform 
tbeir tour of duty under the requisitions of the . 
President, during the late war ; that they hare 
improperly applied the public moneys coming 
into their possession, and tliat they hare contract- 
ed unnecessary and improper expenses whilst 
acting on said courts martial, which are charged 
to the United States ; and praying that the sub- 
ject may be investigated, and the abuses of which 
they complain corrected.— Referred to the Com* 
mittee of Ways and Means. 

Mr. Blodmt, from the Committee on the Post 
Office and Post Roads, report^ a bill to augment 
the salary of the Postmaster Qeneial \ which was 
read twice, and committed to a Committee of the 

Mr. Williams made a report on the petition 
of Renner and Heath, which was read,* when, 
Mr. W. reported a bill for the relief of Daniel 
Renner, and Nathaniel H. Heath, which was 
read twice, and committed to a Committee of the 

Mr. LowNDBs, from the Committee of Ways 
and Means, to which was referred the amend* 
ments proposed by the Senate to the bill, entitled 
''An act fixing the compensations of the Secretary 
of the Senate, and Clerk of the House of Repre- 
sentatives, and of the clerks employed in their 
offices," reported the agreement of the committee 
to the said amendments, and they were committed 
to a Committee of the Whole. 

Mr. Rhea, from the Committee on Pensions 
and Revolutionary Claims, made a report on the 
petition of Ebenezer Stevens and others, which 
was read : when, Mr. R. reported a bill for the 
relief of Rbenezer Stevens and Lucretia Stevens, 
late Lucretia Sands, and others, which was lead 
twice, and committed to a Committee of the 

Mr. HooH Nelson, from the Committee on 
the Judiciary, to whom was referred the bill from 
the Senate, entitled "An act to ^tond thejuris- 
diction of the circuit coarts of the United Siateiu 
to cases arising under the law relating to patents,'' 
reported the same without amendment, and the 
bill was committed to Committee of the Whole. 

Mr. Johnson, of Kentucky, from the Commit* 
tee on Military Afiairs, reported a bill for the re- 
lief of Harold SoAvth; which was read twice, and 
committed to a Committee of the Whole. 

Mr. Thomas M. Nelson, from the conunittee 
appointed on the 18th of December last, to inquice 
into the expediency of extinguishing the Indian 
title to certain lands within the State of Kentucky, 
granted by the State of Virginia, to her officers 
and soldiers in the Revolutionary arm|r, made a 

Digitized by 



nnXO&T OP O(»Y0&188. 



hu^mol ImptwwBMntt^, 

ILof R, 

xaport, in purt, which was read ; when, Mr. N. 
rtported a bill mtkinff appropriatioDs for the pur* 
poM of extiogoishiog Indian claiou. which was 
rand twice, and commilted to the Committee of 
the Whole, to which is committed the bill from 
the Senate, entitled <'An act to extend the time 
for locating Virginia military land warrants, and 
retaming surreys thereon to the General Land 
Office, and for designating the western boundary 
line Of the Virginia military tract. 

Mr. PoiicDBXTERi from the committee appoint- 
ed for thepuroose, reported a bill anthorizinff the 
election of a delegate from the Michigan Terri- 
tory, to the Conffress of the United States, and 
extending the right of suffrage to the citizens of 
said Territory, which was read the first time. 

Mr. Tallmadoe, from the committee on that 
Sl^t of the Prjwident's Message which relates to 
roadii, canals, and seminaries of learning, re]^rted 
a bill authorizing the subscription of stock in the 
Delaware and Chesapeake Canal Company; 
which was read twice, and committed to toe 
Committee of the Whole, on the bill from the 
Senate, ^ in addition to an act makins appropri* 
aliens for repairing certain roads uierein de- 

Mr. BiBRCBR, from the committee to whom it 
had been referred, reported the resolution from 
the Senate directing the publication of the jour- 
nal of the convenuon, with an amendment, pro- 
posing the publication of the Secret Journals of 
Congress, and its correspondence with foreign 
Powers, prior to the Treaty of Psace with Great 
Britain in 1783. 

Mr. Babbbtt moyed further to amend the said 
resolotioB by striking out these words : *' of which 
one copy shall be furnished to each member of 
the prctfonc Congress." 

Theoioiion to amend was rejected by the House, 
and the resolution was ordered to be engrossed, 
and read a third time to-nuvrow. 

The House took up the amendments proposed 
by the Senate to the bill, entitled "An act to pro- 
vde for delivering up persons held to labor or 
, aerviee in any of the States or Territories who 
shall CKape mto any other State or Territory," 
and being read, were again ordered to lie on the 

The House then, in Committee of the Whole, 
eonsidered the report unfavorable to the petition 
of Jaites Borsiel, which, notwithstanding the 
aaraest oppoeition of Mr. Claoett, was con- 
curred in* 

OritretL That one thousand four hundred 
copies of the Message from the President of the 
United SuteiL of the 14th instant, upon the sub- 
ject of our relations with Spain, together with 
the documents accompanying the same, l^ print- 
ed for the use of the members of this House, in 
addition to the usual number heretofore ordered. 


The House then went into a Committee of 
the Whole, on the bill front the Senate making 
appropriations for repairing and keeping in repair 
certain roads, from Fort Hawkins to Fort St. 

Stephens, and from Columbia in Tennessee, by 
the Choctaw Agency, to Madisonville in Louis- 
iana. To the same Committee had been referred 
a bill, reported to-day, respecting the Chesapeake 

Mr. H. Nelson spoke a short time in opposi- 
tion to the bill, viewing it as a part of a system 
of encroachment on State rights, which ought to 
be resisted in every stage and under every form. 

Mr. Robertson, of Louisiana, supported the bill 
against Mr. Nelson's objections, and on its own 
merits. He supported it also on the ground that, 
in this instance, no authority but the United 
States could make the road, since it passed over 
a tract of country to which the Indian title is not 
yet extinguished, and over which the jurisdiction 
of the United States is not disputed. 

Mr. FoRSTTH and Mr. Poinoexteb also sup- 
ported the bill on the same ground, and Mr. Nel- 
son replied. 

No amendment having been proposed to this 
bill, the Committee proceeded to^ the considera- 
tion of another bill, reported this morning, and 
which had been referred to the same Committee, 
authorizing the subscription to the stock of the 
Chesapeake and Delaware Canal Company. 

The consideration of this bill gave rise to debate, 
in which the gentlemen named below took part— - 

Mr. McLane explained, at some length, the 
advantages of the contemplated canal, as connect- 
ing the waters of Delaware with those of the 
Chesapeake Bajr, and stated the views of the 
Company in desiring to interest Congress in the 

[From the elucidation of this business by Mr« 
McLane, it appears that the original stock of the 
Company was ^400,000, of which about $150,000 
have been paid up and expended. The State of 
Pennsylvania has agreed to take an additional 
stock to the amount of $75,000 ; Maryland to the 
amount of $50,000, and Delaware to the amount 
of $20,000, provided the United Sutes agreed to 
take shares to the amount of $150,000. The 
estimated expense of the work is $800,000: the 
balance is expected to be made up by individual 

Mr. Sassett, under the belief that Congress 
had not the power to appropriate the public 
money for the purpose designated in the bill, 
moved to strike out the whole of the bill, after 
the enacting clause. 

Mr. Pitkin wished for something more definite, 
respecting this proposition, than was to be founa 
in the bilT. He wished to know what control the 
United States were to have over the location or 
expenditure on the canal ; whether they were to 
have the appointment of any portion of the di- 
rectors, d^c. It appeared that Pennsylvania and 
Maryland had agreed to take a certain number of 
shares, provided the United States did the same; 
but, even after these joint subscriptions were add- 
ed to the funds of the company, there would yet 
be a deficiency of three or four hundred thousand 
doJlare, as only a part of the subscribed capital 
was forthcoming* Respecting canals generally, 
Mr. P. did not consider them as objects of profit- 

Digitized by 



mm«f Of coQUKtaifiB. 


JfiwrfMN n^pPoffciMtHtt* 

M Aftca^ ltii(. 

tble investmeDt of mone^ ; yet, he ackiiowled|[ed, 
there might be canals of such great nttiooal im* 
portance, that the Legislature would be I'ostly 
mduoed to subscribe to them. But, before he eo- 
listed in any project of the ktod, he wished to 
koow the extent to which he wa« going. To 
aflbrd some time to understand this subject, he 
moTed that the Committee rise and ask leave to 
sit again. 

Mr. Ballard Svith inquired whether the 
Committee on Internal Improvement intended to 
report any general bill for mtemal improvement 
"Whether they did or jiot, it appeared to him that 
the House should ha<ve before it at one view the 
several propositions for great national improve- 
ments, that the merits of each might be examined 
and compared, coUectivdr and separately. 

Mr. Tallma0gb, of New Tori, said he be- 
lieved he was authorized to state that the select 
committee did contemplate to submit a system of 
internal improvements for the consideration of 
the House. He regretted the state of his health 
had prevented him from taking part in the late 
debate on the subject, as it was his intention to 
have pointed out a summary of the plan in his 
opinion the most proper to be adopted. At this 
time it was only proper for him to state, that the 
committee had reported the present bill making 
provision for repairing the roads therein men- 
tioned, because they deemed it of essential im- 
portance to that district of country. The inter- 
course with Louisiana was greatly dependent 
upon it, and it was essential to the convenient 
supplies for the Southern army, now under Qen- 
eral Jackson, that the roads mentioned in the bill 
should be repaired* The situation of those roads, 
and the necessities of that part of the country, 
would not admit of delay ; and, therefore, the 
committee had yielded to the pressure, and had 
reported the present bill in anticipation of the 
system contemplated by them. 

Mr. T. said, he had no doubt that it had now 
become an imperative duty for the committee to 
recommend, and the country to adopt, a system 
of internal improvement, calculated to provide 
for the national defence, and which would, at the 
same time, promote commerce between the States, 
and facilitate the progress of the mail. That in 
deliberaUns upon this subject, the committee had 
viewed with anxious solicitude the recent situa- 
tion of the country during the late war; that, 
with an extensive territory, and possessing within 
ourselves the products ana the abundance of al- 
most every clime, our coasts had been under a 
blockade, and for the want of the means of inter- 
nal intercourse our country had sulBTered many 
privations. We had seen the Southern planter 
overloaded with the superabundance of his pro- 
ducts, and yet, unable from the state of the coun- 
try to carry them to market, he was suffering 
under poverty and want ; we had seen the man- 
ufactories of the Eastern States shut up and 
discontinued, and that portion of the people re- 
duced to distress, and almost to ruin, for the want 
of the raw materials from the South, with which 
to proceed in their beneficial labors ; and while 

the South and the Bast have thus seivM^iy mI^ 
fered from the inabitity to interchange and w* 
lieve each other^ wants, we have wftnehsed a 
people and an army on the Northern and West^ 
crn frontier, suffering every privation, and almost 
nakfd from the want of those fabrics which Iht 
manufactories of the Bast woaM gMly ba^ 
wrotight from the products of the South. Thuaf^ 
in the possession of every means, and with abviH 
dance to answer every demand, but without tiM 
facilities of interchange and of internal iuter- 
coorse, our country has experienced the priv^A 
tions of every want and the expenses of every 
disadvantage. To remedy some of these defects, 
and to guard against tike calamities in future, the 
committee contemplate to recommend inte.riiM 
improvements on the Atlantic coasts, tendinig to 
provide for the common defence, and, by uniiriH 
Georgia to Maine, more eflbctuatly to consolidate 
the Union. As a part of this system, Ihey have 
this dav reported a bHl to aid in unititfg, by A 
canal, the Chesapeake and the Delaware. 

Mr. T. said, the select committee had afse 
viewed the Columbia road as a work of great na* 
tional importance, and which required provtsioii 
for its completion, and strongly exemplified the 
inefficiency of State authority to consummate 
such objects, and the duty of the Union to secure 
its coinpletion. He said that road ran througli 
three States. Virgtnia, Maryland, and Pennsyl* 
vania, all or which were less interested in th# 
road than the District of Columbia, or the West- 
ern States, towards which the road pointed ; and 
that its completion was therefore justly cotisid«> 
ered a sufeject of great national importauce. and 
upon which the safety and welfare of the West- 
ern States, in a military and commercial point of 
view, materially depended. It also strongly eft«> 
emplmed that class of improvements whtcn were 
intimately connected with the prosperHy ef the 
Union, and justly became objects of national 
legislation, and as dbtinrufshed from transverse 
roads through towns arc counties for toeai ao** 
commodation, and which properly fbrmM a sobk- 
ject of local legislation and State jurisdkftiefu 
Shr, said Mr. T., it is a fact worthy the ohs^rvia- 
tion of the House, that. wfaHe the uttafiimous 
opinion of the nation requires the Government te 
establish forts and defend the Western frontier-- 
that while the subject of internal improvement 
has been before us^^tbat while we have beeu dt^ 
bating upon the power of our Constitution, whieU 
commands us to provide for the common defence 
and general welNtre, the War Office is actually 
settling accounts, and payiuff at' the rate of one 
hundred and twenty-seven <K>llars per barrel for 
pork cousauied in our WesternjearrisoUs. I mei^ 
tion not this fact, said Mr. T., as fiuding fault 
with the Administration, or whh any department. 
They have no alternative but to snrmouat byesr- 
penditures the difieulties of transportation. But 
shall we require the Gk)vernment to defend the 
country, and sit here debating and doubting our 
power to provide adequate means? ShaU #e 
witness the necessity of snch wasteful extrara* 
gance, and yet refuse the remedy by a rational 

Digitized by 





■abcb, \t\%. 


ffstem of intemtl improrem^nu ? It is Imt to 
exhaast the treasures of oar countrv and parttel- 
pate iQ a politietl saleide. 8ir, said Mr. T., the 
exigencies of the Western frontier^ and the nnani- 
HfOQtt expression of the nation, hare called alond 
for the late naval armament on Lake Erie«^an 
armament which ptodnced saeh important bene- 
its to the country, and reaped for our nation such 
an abandant haryest of glory. The munitions of 
wanr for that armament were sent ftom the Seat 
of Goremment. The distance is less than four 
hundred m)h>8,and yet, from the inability to nass 
fhnn this place direct to Erie, I an) informed at 
the Nayy Department, that all (he Articles #ere 
transported by the way of Albany, a distance of 
nearly nine hundred miles transportation. The 
cost of a cannon at this place is nearly four bun- 
ired dollars, while the expenses of transportation 
OB this oircnitoas and protracted route was from 
oaa thotisao4 fi?e biiadred to two thousand dol- 
lara for c«oh gitn. Mr. T. said froaa iaformatioa 
1km, he had derived from the War and Nayy Da- 
paruneats, he wis anthornsd to say, ^at the eX* 
ptnscx of trmnsportatioB on the Western frontier, 
ioriDg the late war, weutd haye opened turnpike 
raada ihronf^ the Western States. 

To remedy these and like iaconyeniences, of 
which Mr. T. said, be had suggested only a small 
portion, and Irrth a yiew to retieve the country 
nom snch exorbitant expenses, incident to the 
present rate of transportation, he was happy to 
answer to the inquiries that had been made, thai 
the select committee did contemplate to submit 
for the consideration of this House objects of in* 
texnal improyemeni worthy the national atten- 
tioa, sod that the comnnttee would proceed as 
tut M8 this House shaaid eyiace a wilUogi^ess 
te cherish the sufageM^ and lay aside these Con- 
stitutional scruples which had preaeaied sMh se^ 
rious obstacles to legislation on this subject. 

Mr. P0R8TTH made some remarks to show the 
impracticability of deyising any general system 
of improyeoMut. To attempt to embrace in one 
Wi aU neeeasary improyements, would be to de^ 
ftat eyery proposition of that sort, since ft was 
iaap ei a ibl e to reconcile all the jarring interests of 
the yatioua sections of the Union. The Honse 
iBUst, therefore, to act with eiftct, decide on the 
i^srious firopofinoas as presented to them, on their 

Mr. TAUkHAvea again spoke, and added some 
Itvatratiens of his former obseryations. 

Mr. Tuonan spoke in fayor of the bill before 
tiM Committee. There was no subject of inter* 
sal Jnnroyement, about which there was a more 
general aseent in ftyor of it than there was in 
fecard to the Chesapeake and Delaware Canal. 
Mn PiTKin again rose, to protest against legts- 
Ittling on this subject, without any precise infor- 
iHition of the extent of the system into which 
it was proposed to enter. When the Mil for ap- 
propriatiag the bonus of the Bank of the United 
mates, for the purpose of internal improyement, 
passed at the hut session, a specific sum was pro> 
pised as the limit, and Congress knew the ex^ 
teat to which they were to go. Were the United 

States, he again asked, to become stockfaelderar, 
and to haye no share in the management of 
the affhirs of the canal? Haying an Interest ift 
the improyement, it ought also to haye some 
share in the management of it. He did not ob- 
ject to the power of Congress to apiH'opriate 
moaey for these purposes, but he desired to see a 
limit to the expenditure, &c. 

Mr. Meitcbr opposed the motion in a speech of 
some )en|[th. As to the managenient or the af* 
fairs of this company, he had no apprehension of 
its not being in safe hands, since the charter had 
been granted by tbe enlightened Legishiture of 
one State, and approyed by two others, who had 
detervnined to inyest a part of their funds in it. 
Although he acreed that a general principle 
should be esuUisbed for the regulation of future 
Improtement^, yet, as a company already exists 
for opening this canal, and the work is already 
commene^, he thought it might Well, consider* 
tng the great importance of the object, be made 
aa exception to the general proyision. Ahhougb, 
he further remarked, he should be Well disposed 
to yote for a general system of improyement yery 
aaalogouB to the system embraced by the bill oif 
the last session, which had been referred to, he 
should be sorry to see the improyement of the 
country restricted to the narrow limits of that 
bill ; he should be yery sorry that the national 
system of internal improvement should moye 
with no greater celerity than would be produced 
by the appropriattoa to that object of the stock 
ot the Qoyernment in the Bank of the United 
Slates. The objects to be effected were of pri- 
mary importance; and, if restricted to the tardy 
pace at which the limited amount of three or 
four hundred thousand dollars annually would 
impel them forward, centuries must elapse before 
eyen a ftondatioa could be laid of a system of 
internal improyement commensurate with the 
extent and resources of the country. 

Mr« SEUotANT, of Pa., opposed the motion 
by arguments fayorable as well to the particular 
object before the House, as to canals generally. 
The canal, from the Delaware to the Chesapeabs, 
being one of unquestionable utility, of great na- 
tional importance, one to which the nation would 
apply its resources, if at all, if this bill did not 

Siss^ there was ao hope of any practical result 
om the kite decision of the House, dbe. In re- 
gard to a general system of appropriating money, 
to be expended in the States according to their 
lepresenutiott in Congress, Mr. S. showed that 
that system would not answer ; since the propor- 
tion ef Delaware, for instance, tyould be wholly 
inadequate to the coinpletion of this canal, whicn 
is to run within the State of Delaware, and yet 
is lOore important to Pennsylvania and Maryland 
than to her, and is of very general importance to 
the United Suies, dbc. 

Mr. Potin again spoke of the necessity of a 
clear view of the magnitude and expense of the 
undertaking. Our redundant Treasury, on which 
gentlemen appeared to calculate, would not last 
a great while, he belieyed. What was to be the 
future situation of the country, who wouhl un- 

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Internal ImprovemenU. 

March, 1818. 

dertake to say? The Spanish negotiation, it 
appeared, was broken off; the result of that busi- 
ness no one could foretell any more than they 
could what other uses we may have for money 
hereafter, d&c. 

Mr. Lowndes said, that, before acting on a 
proposition of this kind, the House ought to bare 
before it ample information, not oral merely, but 
official, relative to the present pecuniary situation 
of the company, the value of its property, the 
amount of debts it owes^ dtc. While he was dis- 
posed to favor internal improvement, he thought 
that, in relation to any particular project, the 
House should inquire fully and accurately, and 
have the facts laid on their table, dec. He did 
not suppose that any member was so much at- 
tached to the cause of internal improvement that 
he would rush into it blindfold, without being 
prepared by proper information. 

Mr. McLane said, in reply to the suggestion of 
Mr. Lowndes, that the subject had already been 
before Congress, at different times, and in a vari- 
ety of forms, and ample reports of all the facts 
had been made, which were to be found among 
the records of the House. There would be found 
all the facts relative to the original amount of 
stock, the amount subscribed, the amount paid, 
&c. And, on examining the statutes of Penn- 
sylvania and Maryland, it would be found that 
such acts had been passed by them respectively, 
as he had described. In regard to a system, 
which some gentlemen desire to see, he said that 
it was not possible to say how far Congress might 
choose to go, but each gentleman had it in lis 
power to say how far he would go. It was no 
objection to this proposition, that gentlemen did 
not know how far Confi^ress might think proper 
to go hereafter. Mr. McL. showed the great im- 
portance of this canal in a national point of view, 
as connecting military posts, and affording the 
means of effectual defence. Keeping up but a 
small military force, it was the duty of Congress 
to provide the means by which that force and 
the munitions of war could, when necessary, be 
transported wherever wanted. The canal could 
be of little advantage to Delaware in any view, 
but was of great importance as a measure of na- 
tional defence. To obviate the objection which 
some ffentlemen had expressed )o this appropria* 
tion, Mr. McL. read a proviso, leaving the sub- 
scription at the discretion of the President, after 
be shall have satisfied himself, by inquiring into 
the charter, &.G., that the mon^y may be safely 

Mr, LowND£9 did not consider it a sufficient 
answer to hk suggeBtion, that iaformalion might 
be obtained by searching the statutes? of the 
Ststesp The very circumstance that tlie bill was 
only this moroiBg reported, was a sufficient rea- 
son for deferring a decision on ii, He knew of 
no object of internal improvement more worthy 
of aueDtioo than that in question ^ but hi wished 
to see further information oo the subject. He 
should, therefore, vote for the Committee's Tising, 
with the hope that, in some shape, there would 
he spread on the table of the Houses that infor- 

mation without which tkey could not prudently 

The Committee then rose, reported their assent 
to the bill respecting the Alabama and Tennes- 
see roads bill, and reported progress on the canal 

The bill first mentioned was then ordered to 
be engrossed for a third reading, by yeas and 
nays— 83 to 55, as follows : 

YiAS — Mesirs. Abbott, Anderson of Pennsylvania, 
Anderson of Kentucky, Baldwin, Barber of Ohio, 
Bateman, Bayley, Beecher, Bloomfield, Campbell, 
Cook, CrafU, Crawford, Cushman, Darlmgton, Elli- 
cott, Ervin of South Carolina, Forsyth, Hall of Dela- 
ware, Harrison, Hasbrouck, Hendricks, Herbert, Her- 
kimer, Heister, Hitchcock, Holmes of Massachusetts, 
Hopkinson, Hubbard, Jones, Kinsey, Lawyer, Linn, 
Little, Lowndes, McLane, W. P. Maclay, Marchand, 
Marr, Mason of Massachusetts, Mason of Rhode Island, 
Mercer, Middleton, Moore, Morton, Mumford, Murray, 
J. Nelson, Ogden, Ogle, Owen, Palmer, Patteraon, 
Pawling, Peter, Pindall, Pitkin, Poindexter, Rich, 
Richards, Robertson of Louisiana, Ruggles, Schuyler, 
Sergeant, Seybert, Slocumb, Southard, Speed, Spen- 
cer, Stewart of North Carolina, Tallmadge, Tarr, Tay- 
lor, Terrill, Trimble, Tucker of Virginia, Wallace, 
Westerlo, Whiteside, Whitman, Wilkin, Wilson of 
Massachusetts, and Wilson of Pennsylvania. 

Nats — Messrs. Allen of Massachusetts, Allan of 
Vermont, Ball, Barbour of Virginia, Bassett, Bellin- 
ger, Bennett, Blount, Boden, Bryan, Burwell» Butler, 
Clagett, Culbreth, Earle, Edwards, Floyd, Gage, Gar- 
nett, Hale, Hogg, Holmes of Connecticut, Hunter, 
Huntington, Jobjison of Va., Kirtland, McCoy, Merrill, 
H. Nelson, T. M. Nelson, New, Porter, Reed, Rhea, 
Rice, Sampson, Sawyer, Scudder, Settle, Shaw, Sher- 
wood, Silsbee, Alexander Smyth, J. S. Smith, Strong, 
Strother, Tompkins, Townsend, Tucker of Soutii 
Carolina, Tyler, Upham, Walker of North Carolina, 
Williams of Connecticut, Williams of New York, 
and Williams of North Carolina. 

Tuesday, March 17. 

Mr. Blount presented a petition of the Gene- 
ral Assembly of the State ot Tennessee, prayiiig 
permission to withdraw the locations of certain 
lands in that State, heretofore appropriated by 
the General Government, for the use of coUegea 
and academies, and to be permitted to cause other 
lands to be located and laid off in the same traec 
of country for the use of the said coUegea and 
academies, with power to sell the same. As niso 
that they may be authorized to grant or sell anf 
vacant land which may be left within the limits 
of the country described in the first section of the 
act of April, 1806, " authorizing the said State to 
issue grants and perfect titles to certain land» 
therein described, and to settle the claims to the 
vacant and unappropriated lands within the 
same," at such price, and upon such terms, as 
the General Assembly of the said State maf 
deem proper. 

Mr. Marr presented another petiUon of the 
Gkneral Assembly of the State of Tennessee, re* 
iating to the subject of land titles in that State, 
derived from the State of North Carolina, and 
praying that they may be authorized to proceed 

Digitized by 





Mabob, 1818. 

Rule$ of the Bamt^LaaM. vn Mi$nmppu 


to perfect titles west ef the JBUk f i^er line, opon 
all umatislled elaiois whieh exist against North 
Carolina, and which are good and valid. 

Mr. PoufOBXTEB, from the ComioiUee on Pri- 
vate Liaiid Clai IDS, reported a bill for the relief 
of Gkneral Moses Porter^ whieh was read twice 
and ordered to be engrossed and read a third 
time to-morrow. 

Mr. Tallmadgb and Mr. Mills were appoint- 
ed oi the Committee on Foreign Relations in 
the places of Mr. GkoDwrx, deceased, aad Mr. 
OmtL who i» absent on leave. 

The resolntion from the Senate '^ directing tiie 
pnblication and distribotion of the jonmar and 
proceedings of the Convention which formed the 
present Constitntion of the United Stales," was 
read the third time and passed. asamendeiL 

A message from the Senate inlbrmed the Hoose 
that the Senate have passed bills of the follow* 
iuf titles^ to wit : *^An act to vest, in trust, cer- 
tain sections of land in the Legislature of the 
State of Ohio ;^ and '*An act allowing addition* 
al salarj and clerk hire to the surveyor for the 
Illinois and Missouri Territories, and for other 
parpoees;" in. which they ask the concurrence 
of this House. 

The said InUs were respectively read twice and 
referred to the Committee on the Public Leads. 

The bill anthorixiM the election of a delegate 
from the Michigan Territory to the Congress of 
the United States, and extending the right of 
saffrage to the citizens of said Territory, was 
lead t#ice, and ordered to be engrossed and read 
a third time to-morrow. 

On motion of Mr. Fobsttb, the Committee 
on the Jediciary was instructed to inquire into 
the expediencv of altering so much of the laws 
now in force for regulating the Territorial ffov- 
emments of the Uelted States, as requires a free- 
hold propMerty in the Territories respectively as a 
qualification for office. 

The bill for the relief of Abraham Byington, 
and the bill for the relief of Parley Keves and 
Jbsob Fairbanksjseverally passed through Com- 
fliitleo of the Whole, and were ordered to be 
eaffroseed lor a third reading. 

The Hoose then went into Committee oo the 
Wl to suspend the act of limitations, so far as 
regards certain loan office and final settlement 
aartiftcates; which, having received sundry 
amendmenu, was reported to the House, the 
amendments concurred in, and the bill ordered 
to be engrossed for a third reading. 

The DPBaKxm laid before the Hoaae, a letter 
from iha Secretary of the Navy, traasmittma hia 
report on the petition of John KUlgorej which 
waa read and ordered to lie on the table. 


The House then, on motion of Mr. Tatlok, 
proceeded to consider the amendment to the rules 
aad orders of the Hoose, submitted by him on the 
10th insunt. 

Mr. Tatlou explained the* advantages which 
be conceived would result to the busiaesc of le- 
gislation by the adeftion of this role $ the parti* 

culars in which it differed from a similar piopor 
sition ofiered at a former session by Mr. Hopkixi- 
SON, its exemption from the objectionable features 
of the former proposition, dsc. 

Mn HoPKiNsoN supported the proposition, and 
brieflv recapitulated the unnecessary repetition 
of labor of committees, dbc. which it would pT#- 
vent, the expedition which it would produce in 
acting on the public business, &c. 

The proposition was then agreed to, without a 
division, as follows : 

** After six days lh>in die commencement of a sec- 
ond or a subsequent session of any Congress, all bills, 
reaolntionfl, and reports, which originated in die House, 
and at the closa of the next preceding sessioa remain- 
ed undetermined, shall be resomed and acted on in 
the same manner as if an adjournment had not taken 


The bill making an appropriation for the erec* 
tion of a jail^ and authorizing the Levv Court to 
erect, at their own expense, a court-house, ^. 
in the county of Alexandria, passed through a 
Committee of the Whole, and was reported with* 
out amendment. 

On the question of ordering the said bill to be 
engrossed, some debate arose, in which Messrs. 
HfiBBUiT, FoRaTTH, CoBB, cod PiNDALL, advo- 
cated the appropriation^ and Messrs. Bbbchbr, 
SoDTBARD, and LivBBMORB, oppooed it, on diier- 
ent grcmnds. 

Mr. Lmn BMved to strike out the first section, 
(making the appropriation for the jail,) which 
was agreed to ; and the remaining sections, after 
some discussion, were, with the addition of an 
enacting clanse, ordered to be engrossed for a 
third riding. 


The Hoase went next into Committee on the 
bill providing for the due execution of the laws 
of the United States in the State of Mississippi. 

Some conversation took pla^e on the amount 
of comnensation proper to be allowed to the dis- 
trict judge to be created in the State. 

Mr. PoiiioBrrBR moved and ad vooated thesum 
of two thousand dollars, ia which he was aup* 
ported by Mr. Clat, a liberal allowance being 
contended for on the ground of the peculiar and 
burdensome duties to be performed, and the sacr^ 
fines to be made by the district judge, thei^ aetii 
ing also as circuit ludge* 

The motion to fill the blank with two thousand 
doUars waecarried-*67 to 55. 

Mr. PoiMUBXTBR then moved a salary of five 
hundred dollars to the United States attorney, in 
the new State, instead of two hondred doUars, 
which had been reported by the Judiciary Com* 
mittee^ which aaotion was disagreed to ( also, sue* 
cessive OMitioBs to insert four nundred and three 
hundred dollars. 

The Committee then rose, and the House tak* 
ing up the amendments, the sum of two thousand 
deUars, inserted as the salary of the judge, was, 
alter some discussion, concurred in, 64 ta 48 

Digitized by 



mssaax <KF<ooxaBM& 



NmiNd JMsfiotat. 

Mamh, ISld. 

aii4 die Wll ordcptd to be Mffoase^ for a tfaifd 


Th« House went into CommUtee of ^i^ Wkole 
•n die biU in addition to <<Aq act for t^ pitaith- 
maat of oertaiaerioies agakuit the Uaited Statas/' 
and to repeal tbe acu tbereta flMOtionied, (to en- 
act into one, with ameadments, the several acta. 
Iieieta£6i« patsed to enforce the neutral ohliga- 
tions of the United States.) 

Mr. FoasTTH rose in ezplamttion of the vienrs 
of the Committee of Foreign Relations in pro^ 
posinf thi^ bUl, wliich was the rasnlt of tM gl^ 
eral inquirj into the vjurlovs eyistk^ ac^ 9n this 
9ul^eat which hM he^n refitted «q thfioi^ and 
which it waa prasnmed answered the intentioas 
of the House in directing the inquirv. Mr. F. 
briefly recapitulated the history of the several 
laws passed on this subject, from the act of 1794, 
readeral necessary bf the French jrevoiutian, 
and the want of sufficient power in the JSIzeouo 
tive to enfaree on our own dliBens the ebserF- 
anea of neutrality, down to the act of the last 
session ; and condnded by eiplaining the amend- 
ment which the committee nad deemed aeces- 
•ary to the strict in^partiality of the provisions 
of the gcDeral bill they bad reported. 

Mc KoBKBTioHy of Louisiftna^. after iohmitr 
tmg his reasons for disputing the propriety of 
flOflM of the former acts; for believing that the 
provisions of the present bill exceeded the oUi* 
gatioBs imposed on us by a jast regard to neutral 
dutiei^ and went further than the neutral acts of 
any other nation^mored, first, to strike out the 
feliowing proviso: 

"Thalif snj person so enlisUd, shall, whUa thirty 
days after such enlistment, volontarily discover upon 
oaih to some jnstioe of the peace, or odier civil magis- 
trate, the person or persons by whom he was so en- 
listed, so as that he or they mi^ be apprehended or 
CQBvictdd of the aaid offimce, such person so discov- 
ering the ofiender or oi&nden, shall be indemiiified 
from the pMialty prescribed hj this act." 

This motiaa was agreed to without a division. 

Mr. Clat afiertd some general remarks on the 
cfiensiive natvre of the bill, which, he said, in- 
staad of an act to enfMrce aeotrality, ought to be 
astitled, an act for the benefit of His Majesty 
theKiaJiof Spain. He also expressed his un- 
wiUiagaAss thus to be citlled on to reosnaet laws 
already la forecL of which he did not wish to 
have now the labor of investigaUvig their prinei- 
fkS} or the responsi^itity, if wroiig, of renova- 
ting and participating in them, •miffieient, ha 
thotight, for the day, was the evil thereof; and 
ha was soivy the committee had not contettted 
imlf widi bringing forward some original prop- 
eettion, without hunting oat and bringing up for 
ra*enaction aU the oldlawe heret^ore paissed on 
the subject There was a great difference be* 
tween suffering acts to remain unrepealed, and 
^uogiag them up for re-enactment, and he gave 
BOtica »at.. after this bill should be ntade as per- 
focl as ito friends could make it, he should sub* 
mit a single propotitioii to leave the act of 1794 

in force, and to repeal the aots of 1797 and of 
1817. Mr. C< concluded by moving to strike out 
of the seeood section the words which make it 
penal for a person to <* go beyond the Ikntte or 
jurisdiction of the United States, with intent to 
be enlisted or antered," in the service of any for- 
eign Prince or State. 

Mr. FoBSYTH opposed the motion, and ob- 
served, that after the great labor wiMeh the com- 
mittee had undertaken on this subject, at tha 
instanea of the Speaker, (Mr. Glat,) they had 
some reason to comphun of his remarks on tha 
coarse thay had taken. A general inquiry into 
the suh^eot and revision of the acts had been re- 
ferred to them, and the committee had found it 
easfer and better to amend and bring into one 
general bill all the acts, thnn to adopt any ot^ber 
coarse. Mr. F. said thai, so for from operating 
unfairly against the cause of the patriots, thia 
bill removed certain provisions of the act of 
1797, which bore ezelasiveljr on that cause, de- 
nonnoing the severest penalties against those of 
our citizens who aid them, which this bill would 
render equal and impartial. Mr. F. adducei 
semeargtuaenu to show the propriety of retain- 
ing the provision moved to be stricken oat ; but, 
after some oenversatioa between Mr. Cult and 
Mr« FoaaTTH, the question was tafasn, and Mr. 
Clay^ motion agreed to withoat a count. 

Mr. BoBSBTsoir, of Louisiana, objected to the 
penalties proposed by the bill, as unreasonablf 
severe, aad, instead of a fine of ^10,000, and ten 
vears imprisonment which the judge nught. at 
his discretion, impose on the ofiender-^moveti to 
sahstimte 93,000 and three years. 

This motion was opposed by Messrs. FoR- 
8TTH, Smith of Maryland, LivfiRMoas, and 
Rhua, and supported by Messrs. Robbutbon of 
Louisiana, Claiboehb, and Ball. 

Tike question being divided, the motion lo re- 
duce the fine was neffatived--*yes 40 ; and l4ia 
motion to rednce the Umit of imprisonment was 
carried— Ot to 60. 

Mr. HoLMBs, of Massachusetts, movied to 
amead «he section se as to leave it to the discre- 
tion of the judge to infiict hoth fine and impris- 
onment, or one only, instead of beiqg obliged, as 
the hiil stood, to impose both, if etti9r.r»fiic^ga- 
lived— «yes 55w 

Mr. Hbabiok moved to reduce the fine to 
16^000) which was also ftsi^tivad. 

AfWr some other ansutfcessful motions -of 
minor importance— 

Mr. FoBBTTfi moved to sti^ne fran the third 
seation the prevision which malres it penal for 
any citizen to fit out jor arm, whbaat the juris- 
diction of tha United States, amy ship or vessel 
with intent to commit hostilities upon the citi- 
zens or subjects of a friendly State-Cleaving in 
this section onlir the provision agsiost such citi- 
zens of the United States as shaJii bevond our 
jurisdiction, fit out vessels to oommit hostilitiea 
against the citizens of the United Stales. 

This motion produced a good dsal of debnte, 
principally on the expediency of striking out the 
wh^le aectia% and on the impropriety of still 

Digitized by 





Uabcu, 1818* 

Neutral Bdationa. 


rttainiog a feature la the bill wliich wpald admix 
tbf poMiDiUty of a crime so monstrous aod im- 
probable as uat of citizens going abroad to com- 
mence war upon the citizens and commerce of 
ibelr own country, and which, e?en if commit- 
ted, would be punishable either as treason or 

Messrs. Clay, RoBBRTaox, FoasTTH, Smith 
of Idaryland, and Pitkih, joined in the discus- 
sion; but, before any question was taken, the 
Commiuee rose, and the House adjourned* 

WK0if£8DA.T, March 18. 

Mf. Haraisoh presented a petition of Nathan- 
^ Champe, on bej^alf of himself, and the widow 
and «iher chiidcen of John Champe, deceased, 
eergenj^t oMJor of Lieutenant Colonel Henry 
Lee'asqM^fonof drafeons,in the Rerolntionary 
aiiay, praying that stome nrorision n»y be nude 
£m the support of his moiaer. aad that a grant of 
Uii4 inay oe made to himseliand her other chil- 
dren, ui consideratioii of the secret, but eminent 
att4 highly important serncee, cendered by their 
father, under the ordccs aad duections of the laAe 
General Washington. — Referred to the Commit- 
tee ou Pensieas and fieToIutionary Claims. 

Mr. H. NsfcaoN, from the Committee on the 
Judiciary, to which was referred the resolntion 
froaa the Seaate " directing the distribuiion of 
the laws of the fourteenth CoogrBss among the 
members of the fifteenth Congress," reported the 
same with an amendment, which was read and 
coaeuried in, and the amendment ordered to be 
eagrossed, and the readbtion read a third time 

Mr. WiixiAtf 8, of North Carolina, reported a 
biii for the relief of Samuel F. Hooker i which 
was read twice, and committed. 

Mr. H£aaaB3r, from the District Conunittee, 
reported a bill to tncorpcurate the Medical Soci^ 
ety of the District of Columbia; which was read 
twice^aod comnutted. 

The ei^ossed bills fof the relief of General 
Moses Porter ; authorizing the election of a Del-' 
egate from the Michigan Territory to the Con- 
gsess of the United 8taie% nnd.extending the right 
of suffrage therein ; for the relief of Abraham 
Byingion ; for j^oviding for the erection of a jail 
aim eourt-hoose to the eovtnty of Alexandria, in 
the District of Columbia; for proriding for the 
exeaaiionof the laws of the Unued Sutes within 
th^ State of Mississippi; and for authorizing the 
payment of certain oertificates ^«*were sevmlly 
read a third tiioe, aad paasnd. 

Tiie bill (or the relief of Purlev Keyea and 
Jason Fairbanks was read a third time ; but. 

beiugjopposed hr Mr. Oudbn aod by Mr. Sbbn 
ca% was ngeeied. 

Mr. PmPALL moved that the Conamittee of the 
Whole he discharged from tke farther consider* 
atioo of the bill '*in addition* to the * act for the 
poaislboaeat of certain crimes against the Uniud 
States,' aad to repeal t^eaots therein mentioned,'^ 
and that the same be indefinitely postponed. 

Oa thia motion some dehftte took place^Mr. P. 

^roundin^ it on the idea that it was certain noth- 
ing practical could result from the further dis- 
cussion of the subject, dbc., and that there was 
much business of practical importance before th^ 

The motion was opposed, but succeeded, by a 
▼oteof 72 to62. 


The House then resolved itself into a Commit* 
tee of the Whole on the report of the Committee 
of Blections on the casesof Mr. Herriek, Mr. fiarle, 
and Mr. Mumford, members of this Hense. 

Mr. Adams opposed this report, in a speech c^f 
moderate length $ when 

Mr. Clat, without eniering info the snb|eet 
before the House, mored that the Committee 
rise, wkh a view to give an opportunity for some 
ffentleman to move a reconsideration ef the vote 
tor indefinite postponement of the bill la«t men- 
tioned, that be might have an opport^mity to 
move a specific proposition for amending that 
bill, which he had yesterday pledged himself to 
move, Ac. 

After debate, this motion succeeded ; and the 
House having ngreed to reconsider the vote of 
postponement, again resolved itself into a Com* 
mittee, on the bill above mentioned. 


A motion (made yesterday) to amend the 
fourth section of the bill, was now agreed to-** 
the efieet of which was to confine the provisions 
of that section to the punishment of any citiaeot 
of the United States who should fit out vesseb 
to crnise a^inst the cooimerce of the United 
States, leaving out what reiated to the commeioe 
of foreign nations. 

Mr. CutY rose to propose an amendment he 
bad before indicated. Amended as it had been, 
Mr. C. said he had no objection to reuining the 
fourth section ; but moved to strike out ail the 
remainder of the bill, except so much as retains 
the provisions of the act of 1794^ and repeals the 
aeu of 1797 and 1817-^the simple effect of which 
amendment would be to repeal the act of 1797 
and that of 1817. In the propriety of repealing 
the act of 1797 he understood the ohnirmaa m, 
the Comminee of Foreign Relations to eoncar» 
Of course, then, it woukl only be aeeessary !• 
show that the aet of the last session ought to be 
repealed; and that it goes beyoad anv neutral 
dtfty we can owe. In the threshold ot this din* 
cussion, Mr* C. said, he confessed he did not like 
much the origin of that act. There had beea 
some disclosures, not in an oflSoial formi hat ia 
such a shape as to entitle them to eiedence, tiiat 
showed that act to have been the restilt of a 
taostng on the pact of foreign agents in thii oeuor 
trv, which he regretted to have seen* But, from 
whatever eouiee U sprai^if it wa^ an aet neoea* 
sary to preserve the neutral relations ef thn oeant 
uy, Mr* C. said it ought to be retained. Bat 
this he denied. The act was predicated oa the 
ground that the existing provisions did notreneli 
the case of the war now raging between Spain 
and the SoutJi Amerieaa provinfes. In its pro* 

Digitized by 






Neutral Relations. 


TuioDs it went beyond the obligations of the Uni- 
ted States to other Powers^ and that part of it 
was unprecedented in any nation, which com- 
pelled citizens of the United States to give bonds 
not to commit acts without the jurisdiction of 
the United States, which it is the business of 
foreign nations, and not of this Qorernment, to 
guard against. Does the act of 17M, said Mr. 
C., embrace the case of the Spanish patriots ? 
That was the question, and it was not worth 
while to disguise it. If St. Domingo was not in- 
cluded, as had been said, in the aet of 1794, it 
wookl aot follow that that act did not embrace 
the case of the Spanish patriots. What was the 
condition of St. Domingo ? Had the Ezecutive 
of the United States eyer acknowledged, in re- 
gard to that war, that it was a civil war, respect- 
ine which the United States stood in a neutral 
relation? No such acknowledgment, he said, 
had ever been made, in respect to the war in 
that islandj as had been expressly made by the 
Executive m regard to the war in South Ameri- 
ca, that it was a civil war. And, when the courts 
ciime to apply the law to cases before them, hav- 
ing the decision of the Executive to guide them, 
they must decide that the law of 1794 is applica- 
ble to both parties. The act of 1817, consequent- 
ly, was wholly unnecessary to the object for 
which it was avowedly enacted, and was one of 
sBperfluoQs legislation. Mr. C. said he reooMected 
with pleasure that he gave his negative to it ; that 
every member from the State of which he was a 
Representative did the same. He recollected 
that sixty-three members of that part of this 
House, with whom it had been, and would al- 
ways be, his pride and pleasure to act, had re- 
corded their votes against it. The voice of th« 
country had since pronounced its doom, and left 
for Congress nothing to do but to repeal the act. 
Disguise it as ^oo will, said he, the worid has 
seen the act in its true character \ has regarded 
it as a measure calculated to affect the struggle 
going OQ in the South, and discovered that, how- 
ever neutral in its language, iu bearing was al- 
toeether agaiaet the cauae of the patriots. How, 
asked he. is that war now carried on ? But for 
ibe supplies drawn from this country through 
Havana for sustaining the army of Morillo, this 
modern Ahra, whoee career is characterised by 
all the enormities which have consigned to per- 

Ktual infamy the name of hie great prototype ; 
It for thesuppliesdrawn through Havana, whose 
part is open to us only for the sake of those sap- 
iliet, General Morillo could aot have supported 
■is arnay. This fact he had from the highest 
aothority, from the commander of one of our na- 
tional vessels who had been on a cruise in that 
qaarter and had received it from the lips of Mo- 
rillo himself. It becomes us, Mr. G. said, really 
and bona fide to perform our neutral obligations. 
Ha bad seen and heard of cireumstanees respect- 
teg this sabiect, humiliating in the extreme. He 
had been told, for instance, that in the case lately 
argoed in the Supreme Court of the United 
Sutes, of some ei those individuals tried ia the 
court of the United States at Bosion, aot only 

was the Attorney General ready at his post^ as 
he should be, to attend to it, but the attorney for 
the Massachusetts district was there to argue it 
also ; and, not satisfied with this, a foreign agent 
was seen attending the court, to see proMbly 
that nothing was omitted, and not even a poor 
Amicus Curiae was there to speak for the ac« 
cused. Such was the state of the case that the 
humanity of the Attorney General had inter- 
posed, and induced that highly meritorious officer 
to make some sugsestions favorable to those in* 
dividuals. Was there a man in this country, 
Mr. C. asked, who did not feel his conscience 
reproach him for that transaction 7 

The act of 1797 being given upoaall hands, 
and the act of 1817 being, as he thought he ka4 
shown, unnecessary, he loped his motion wouM 

grevail. If, however, contrary to Jiis belief tho 
louse should decide that the act of 1794 did aot 
cover the case of the existing civil war, and the 
act of 1817 should be thought necessary to briag 
it within the provisions or the aet of 1794, Mn 
C. said he should, in that event, submit another 
proposition to amend the bill, predicated on the 
idea that some provision was necessary in addi- 
tion to the act or 1794. 

The motion of Mr. Clat to amend the bill 
having been suted from the Chatr^^ 

Mr. FoaarrH said he was opposed to the mo- 
tion, and could not but suppose the honorable 
Speaker himself was donbmil of its success, as 
he had drawn before the House a variety of con- 
siderations which had no bearing on the ques- 
tion. Mr. F. denied, ia the first place, that pub- 
lic sentiment had coadenned the act of 1817. It 
was true, indeed, that certain exclusive friends of 
liberty, at the head of presses in the United 
States, had condemned this act ; but, so far as we 
have any expression of opinioQ from the great 
body of the people of the United Slates, from the 
thinking part of the community, the act had been 
approved. But the Speaker had informed the 
Committee that sixty-three members of the 
House had opposed thac act^ and that all the 
members from a certain secuon of the country 
were in favor of it. This was another point, Mr. 
F. said, on which he differed irom the honorable 
Speaker. The act of 1817, as it stands, came 
into thb House on the 3d of March, 1817, and 
was passed by a large ma^rity^ the v«as aad 
nays not having been re^mred on it. How ti^ 
Speaker then had ascertained the politieal cooa- 
plexion of those who voted for the bill, Mr. F. 
knew not ^ as far as he recoUeeied, a very saaati 
minority had voted agaiaat it. That part of the 
bill which had been objiected to in this Houee, 
had been stricken out ia the Senate, aad the bill, 
so amended, and as it bow sunds, was acaceelj 
opposed on its final passage. There was, there- 
fore, no decided poliucal seatiment espMssed on 
the passage of the biU. But, to excite preriBdic« 
against the act of 1817| another ground had been 
taken, and a suggestion made, which, if troci waa 
a reflection, not on the House, but on the gentle- 
man whose eulogy the Speaker some days ago 
pronounced. The origin ef thia act had heeu 

Digitized by 





BiABCBi 1818. 

Neutral Relations. 

H. OF E^ 

imputed to the Uasi$ig of certain foreiga agents 
near the United States. That the Message of 
President Bladison, recommending that act, was 
in consequence of the representations of foreign 
Ministers, Mr. F. said he was ready to admit — 
not of reiterated Importanities, bat of a perform* 
anoe of their duty to their Giovernments by re- 
monstrating against violations, by citizens of the 
United Sutes, of obligations wtiich we owe not 
to any one nation, but eqiudly to alh A remon- 
strance had been made by the Portuguese Minis- 
ter, a garbled representauon of which had been 
published ; a similar statement of facts had been 
made by the Minister of Great Britain, another 
by the Minister of France. All the foreign Min- 
isters iiere had, in short, represented that citizens 
of the United States, engaged in cruises in pa- 
triot vessels, as they were called, fitted from our 
ports, conmitted depredations on the commerce 
of England, France, and Spain. What, Mr. F. 
asked, had been the duty of the President of the 
United States if these facts were true ? Were 
not the United States bound to make reparation, 
if, witbont an effort to prevent it, we sufferea 
depredations to be made, by our citizens and from 
our ports, on the commerce of nations in amity 
with us? The Government, he said, had here- 
tofore recoc^ised this principle, and had remu- 
nerated foiei^ citizens for property taken from 
them by citizens of the United States. The 
President, then, had barely performed an impe- 
rious duty in representing to Congress the insuf- 
ficiency of the laws, dtc. 

But, Mr. F. said, he woald never do the late 
President the injustice to state his views, when he 
had it in his power to quote his own language 
conreyixur them. [Mr. F. then referred to the 
President's Message, of last session, on which the 
neutrality act of March 3d, 1817, was founded.] 
He appealed to every other member of the House 
whether, in this recommendation, there was any- 
thing censurable ; anything that the most fastidious 
couM mark for reprobation. The act of 1817 was 
precisely correspondent with the Message, and, 
almost in so many words, an answer to it. It 
corrected the defects of tlie existing laws, and 
enabled the President of the United fiUates, where 
there was strong ground to presume that a crui- 
sei was about to riolate the neutral relations of 
the United Slates, to arrest his departure until he 
siiottld give bond not to violate the laws of his 
country. But this, the House had been told, wajS 
a most extraordinary provision, and unprece- 
dented in the annals of civilized legislation. It 
was not necessary, Mr. F. said, for him to tell 
the House that, whenever a citizen of the United 
States or of any State is accused, on public 
ground, of intending to oommit an ofiQ^nce against 
the authority of the laws, it is the duty of a magis- 
trate to require him not only to give security 
not to commit a particular act, but to bind him 
over, in ample security, that he will not violate 
aav of the laws. But it was objected, particu- 
larly, that it was required of a citizen to give 
bond to refrain, when beyond the jurisdiction of 
the United States, from certain acts. And was 
15th Con. Ist Ssss. 

it not right to do so, when the United States were 
responsible for his conduct when beyond their 
jurisdiction ? That was a question which had bug 
been settled. And was there any hardship, Mr. 
F. asked, in requiring bond from a citizen that 
he will refrain on the high seas from acts affect- 
ing the character of the country, and involving 
it in disputes with foreign Powers t And yet 
there was nothing else in that act which even in 
the eyes of the honorable Speaker was reprehen- 
sible. But thisprovision had been said to be ui^ 
precedented. Why, Mr. F. said, our statute book 
IS full of similar provisions. Every restrictive 
law of the United States; every law forbidding 
commercial intercourse, or regnlatin|( it with for- 
eign nations, contains similar provisions. The 
laws prohibiting the slave trade contain similar 
provisions. If a person swear that he suspects 
another of intention to violate the laws against 
the slave trad^ the person so suspected is re- 
quired by the collector to give bond and security 
that he will not violate the law in this respect* 
And where^, Mr. F. asked, was the impropriety of 
this provision ? But there was a still stronger 
case: That of the act prohibiting intercourse 
with St. Domingo was perfectly parallel to the 
present; for. although the color of those who 
were there fighting for their liberty might make 
a difference in the policy of the Government, it 
could make none in the principles on which that 
policy was founded. It was well known, that, at 
the date of that act, a contest existed between the 
European cobnists and the colored population of 
St. domioffo; the latter claiming a recognitbn 
of their liberty, the former claiming to reduce 
them to obedience. Did the United States per- 
mit the vessels of that Government, or pretended 
Government, to come here for military supplies t 
Did it permit the agent from St. Domingo to re- 
side here, to grant commissions to privateers, to 
make representations to the Government, omci* 
ally or unofficially^ and to make appeals from the 
acts of the Executive to the Congress or the peo- 
ple ? No, Mr. F. said, the Government of France 
asked from the justice of this country, to pass 
laws prohibiting any commercial intercourse with 
the citizens of St. Domingo, and an act was 
passed, ibr two years, and afterwards continued in 
force tof two years longer, one of the provisions 
of which was similar^to that one of the aqt of 'XT, 
which was so much reprobated by the Speaker. 

Mr. F. concluded by remarking, that he thought 
he had said enough to satisfy the Committee that 
there was nothing in the origin of the act of 1817, 
or in any of its provisions, which required its re- 
peal; but that it ought to remain on the statute 
book; amended as now proposed in the bill before 
the House. 

Mr. RoBEfiTsoN, of Louisiana, said he had vo- 
ted against the act of 1817, and was now in favor 
of its repeal. Before coming to that questbn, 
however, he would remark that, when ottr situa- 
tion was more critical, and when, in point of re- 
sources, we were infinitely weaker i when, in 179i, 
our citizens were engaged in behalf of the repub- 
licans of France, with a zeal infinitely more dan* 

Digitized by 





H. OP R. 

Neutral RekOions. 

Maioh, 1818. 

Sirous to the peace of the country than anything 
at has been exhibited in regard to the patriots 
of South America, the act of 1794 had been 
deemed sufficient to secure the observance of our 
neutral relations. Was our situation, he asked, 
more critical in 1817 than in 1794 ? If not, ought 
we to haTo been induced to take stronger mea- 
sures by far than had been applied to tne emer- 
gency of 1794? The administration of Wash* 
iHGTON not only deemed the act of that day suf- 
ficient, but cautiously limited its duration to two 
years. It had been subsequently renewed two or 
three times, and X^ongress had always been satis- 
fied with its prorisions. In 1817, howeyer, a state 
of thin^ somewhat similar occurs, but infinitely 
less critical, in consequence of another effort, by 
another people, to throw off the yoke of a despotic 
government. As the struggle of the people of 
France for liberty gave rbe to the act of 1794, so 
that of the people of South America gave rise to 
the act of 1817, which was passed by Congress 
without the knowledge of any exterior pressure on 
the Government, or of the letter whicn had been 
mentioned, and other representations. It now ap- 
peared, that the act of 1817 was passed in conse- 
i|uence of representations of foreign nations, grow- 
ing out of hostile feelings to the cause in which 
the people of South America were engaged. 
This, said Mr. R. might be a sufficient ground 
for the Ministers of Portugal, of England, and of 
France, to proceed upon— but shall we sympa- 
thize in their feelings on the subject, and be in- 
duced by them to pass acts to shacale our citizens, 
when it is so easy to trace their remonstrances to 
a general hostility to the cause of any people who 
are engaged in a struggle to ameliorate their con- 
dition by changing tpeir form of government? 
It did not appear now he said, that that act had 
be^n passed so much with a view to do what was 
just to ourselves, as to accommodate the views of 
foreign nations. That, Mr. R. said, had been his 
objection to the act when it passed ; and the more 
its causes and effects were developed, the more 
anxious he was to set rid of it, and to return to 
the statutory provisions of 1794, which, for a num- 
ber of years, had been found sufficient 

The cases stated by the Chairman of the 
Committee of Foreign Relations, (Mr. For- 
•TTH,) as having induced the passage of the act 
of last session were already provided for by the 
act of 1794; be referred to cases of fitting out 
ressels in our harbors, and with them cruising 
against the commerce of foreign nations, pro- 
hibited in that act, under very neavy penalties. 
But the act of 1817 went a step further, and au- 
thorized the collector to stop anv vessel mani- 
festly built for warlike purposes, it it has a cargo 
on board which shows it to have been intended 
for such purposes, or having a crew, or for any 
other cause, justifying that suspicion. Mr. R. 
wished to know by what authority the Qovern- 
ment undertook to say, that a vessel built for 
warlike purposes should not leave the ports and 
harbors of tb/ United States. What oreach of 
neutrality is it to suffer such vessels to depart 
our ports; and why are we required, in this 

manner, to cripple the operations of the ship- 
holders and shipbuilders? Mr. R. strongly ob- 
jected to the latitude of discretion given to col- 
lectors by the term ''or for any other cause," 
which subjected the vessels of our citizens to 
vexatious detentions. This, he said, was one 
difference between the act of 1794 and that of 
1817 ; but there was yet another. By the act of 
1817, not only armed vessels, but vessels mani- 
festly built tor war, though built for sale only, 
were forbidden to go from our ports without 
givinff bond that they were not to be employed 
in aiding or assisting any military ezpeditioD, 
&c., and so obviously unjust was this provision, 
that the gentleman himself had found it neces- 
sary to propose an amendment to narrow its 
scope. Mr. R. concluded by repeating, that he 
could see nothing in our situation which required 
a stronger act than was deemed sufficient io 
1794, and he, therefore, hoped the acts of 1797 
and 1817 would be repealed. 

Mr. Lowndes commenced his remarks by re- 
deeming the act of 1817 from the charge which 
had been alleged against it, as far as his opinion 
went, by declaring that act not to have been 
adopted in consequence of any foreign remon- 
strance, but to have been the deliberate expres- 
sion or the judgment of this and of the other 
House; and, though he had listened with the 
greatest attention to the arguments of the gen- 
tlemen from Kentucky and Louisiana, they had 
failed to convince him that that deliberate ex- 
pression of the opinion of Congress at the last 
session ought now to be reversed. But, he said^ 
there was less difference on principle than he 
had expected to have found between those gen- 
tlemen and those who approved the act or the 
last session. The Speaker particularly had con- 
ceded that the acts were unlawful which that 
law was designed to prevent ; and the only dif- 
ference between us, said Mr. L., is that for the 
prevention of these unlawful acts we propose a 
remedy, which they will not accept. On the 
question of the criminality of enlistment in a w«r 
between two Powers with whom we are in am- 
ity, we perfectly agree. The opinion of the 
Efouse and of the country, Mr. L. said, must b^ 
that, so long as we profess neutrality, we ought 
to observe it ; that our neutral obligations should 
be fairly and honestly fulfilled. And it was be- 
cause he thought it the duty of Congress to pre- 
vent our citizens, by requiring bond and security 
to that effect, from engaging in the existing war, 
that he was willing to continue the act which 
the Speaker proposed to repeal. He could not 
think, he said, that there was anything new in 
the act of 1817 ; not merely because similar pro- 
visions might be found in our own municipal 
regulations, but because analogous provisions 
existed in the laws of other nations. Mr. L. 
asked of the honorable Speaker, seeing that in 
time of war we reouire bond from privateers, 
before commissioned, that they will not violate 
the laws of nations, whv in ttae of peace he 
would not require bonds rrom those suspected of 
the intention to violate them. Mr. L. considered 

Digitized by 





UtatoB. 1818. 

Nmtral BdatumM. 

H. OF R. 

it Aaiipptttfeet ritw of the snbjeet to aupipMe 
fhat ibe bood thus required wm ooly to prerent 
injjOff being done to any one Power. Tboee who 
we o«r vhores to assail the property of one 
Power, oaf, when they get to sea, employ their 
arms agslBst any and erery nation. It was per* 
feetly fair, certainly, that those who left our 
shores, with the means of mischief on board, 
shoold fire that security against their iarolTing 
the ioieiest^ and perhaps the peace of their 
eoontry, which bonds, such as are required by 
the law of 1817, are ealctilated to afford. The 

Siptleman from Louisiana appeared to think that 
ere could scarody be anything in the eat^ 
of the vessel which ought to be taken as an in* 
dieation of a warlike poi|KMe. Now, Mr. L. 
laid, though he did not think this clause mate- 
rial--notyhowe7er. that he would repeal a law 
because erery syllabie it contained was absolute- 
Ir neceasary— yet he thought that from the cargo 
the object i£ an expedition fitted from our ports 
might be readily inferred. Might there not^ he 
mad, be ikfLt preparation of fixed ammunition, 
4c., which would afford a strong presumption 
that the ressfl was not intended for traffic, but 
piepated for war ? He thought this might occur, 
where other proof would fail. Mr. L. took other 
Tiewa of this question. He said^he could not 
njPtfd this question as one of a mere fulfilment 
orour duties to the countries at war, as the res- 
lels equipped in our ports might be employed 
ifainst other countries with whom we are at 
pctce^ as well as against those belligerents. One 
fonsideraiion for such an act he would suggestf 
which it was too late fora^ to deny, that we are 
ssppAsible for injuries done by vessels of the 
United States, after they leave our ports, before 
tkey^arriFe at a foreign port. For such depreda- 
tions we are responsible, and have recogoised 
tkt priaeiple by paying claims founded on it. 
We have ifound ourselves to respect the principle 
in a manner equally obligatory, bv preferring 
claims founded on it against other nations. 
Hiiiag done sO, every consideration of prudence, 
of respect for the character of our country, re- 
fttires that we should exact the security which 
if demanded by the act of 1817. As regards 
those who desire to trade in vessels of war, it is 
i s cusar y to provide, as has been provided, that 
it shall be carried on'in a way beiiencial to them, 
bat compatible with the higher interesu of the 
eooMry. No duty, said Mr. L., is by the act of 
1817 cgtaeted from any individual which the 
Speaker does not think, as well as myself, ought 
to he pesformed ; a bond only is exacted, in cer- 
tain suspicious cases, that that duty shall be per- 
formed. Where the hardship, then ; where the 
commercial inconvenience of being required to 
giTe bond that, while on the high seas, the sus- 
}ietBd vessel shall not violate ue laws of the 
coontry ? The act of 1817 created no new duty, 
(ttablished no new prohibition ; it only secured 
the execution of existing duties in a particular, 
foe the failure to observe which the Treasury of 
tbe United States, and not the ofiending Individ* 
ttli^ would ultimately be responsible. Mr. L. 

would not say that the act merited none of the 
reprobation bestowed on it ; but he would say 
that it had not been proved to contain any inju* 
rious or oppressive provisions. 

Mr. Clay said it was alwavs with very painful 
regret that be found himself differing from the 
gentleman who had just taken his seat, and with 
the Chairman of the Committee of Foreign Re- 
lations; dnd, when differing from them, he al- 
most distrusted his own perceptions. But this 
was not the first time he had that misfortune ; 
for his honorable friend (Mr. Lownobb) had been 
at the last session a powerful auxiliary in carry- 
ing through the bill which then passed, and was 
now proposed to be re|)ealed. Notwitnstanding 
his great regret at the circumstance, however, be 
must obev the dictates of his own judgment. 
Mr. C. said, he never had intimated that the act 
of 1817 did not originate in the judgment of this 
House, or that it was passed at tbe instance of 
any foreign Ministers; and yet, if he understood 
the gentleman from Georgia, he had admitted 
that the committee had bad the benefit of the 
suggestions of several foreign Ministers. It was 
immaterial to him, Mr. C. said, whether the act 
sprung from any suggestion of foreign acents, or 
whether^ after it was recommended, the Fetters of 
the Mimsters were sent to the Committee of For- 
eign Relations*. As to the foreigti Ministers. Mr. 
C. said, in referring to them, he ineant notning 
disrespectful towards them— he would not treat 
with disrespect even tbe Minister of Ferdinand, 
whose cause this bill was intended to benefit ; he^ 
said Mr. C, ia a faithful Minister; if, not satis- 
fied with making representations to the foreign 
department, he also attends the proceedings of 
the Supreme Court, to watch its decisions, he 
affords but so many proofs of the fidelity for 
which the representati?es of Spain have alwavs 
been distinguished. And how mortifying is it, 
sir, to hear of the honorary rewards and titles, 
and so forth, granted for these ser?ices ; for. if 1' 
am not mistaken, our act of 1817 produced the 
bestowal of some honor on this faithful represent 
utive of His Blajesty— and, if this bill passes 
which is now before us, I have no doubt be will 
receive some new honor for his further success. 
No, Mr. C. said, be would never treat foreign 
Minisurs to our Gk)vernment with disrespect. 
But yet he was not entirely satisfied with the 
suflgestions respecting therepresentation8,garbled 
and ungarbled, of the foreign Biinisters. In re- 
gard to the letter of the Minister of Portugal— a 
man whom Mr. C. said he highly venerated; 
whom he regarded as an honor to bis country 
and an ornament to science— a man whose conn-, 
try could not have shown a greater respect for 
the United States than by deputing him as its 
representative to this Government — with r^rd 
to that letter, as the gentleman had charged the 
publication which had been made of it to be a 
garbled one, and it seemed by his confession (his 
precious confession, he would call it, but not in 
the obnoxious sense of the term j that he either 
had the document in his possession or had seen 
it, he hoped that he would lay it before the House 

Digitized by 





H. OP R. 

Neutral RekUunu. 

March, 1818. 

in extenso, that they might see it in its uDfi;arbled 
state, dbc. But, having been contradicted in the 
statement he had made when up before, respect- 
ing the passage of the act of 1817, Mr. C. begged 
of the honorable gentleman, before he disputed 
any statement of liis (Mr. C.'s) to take the trouble 
to examine whether he was himself correct. If 
the gentleman would turn to the Journal, he 
would find that, on the question to engross the 
bill, there were sixty-three in the negative. [Mr. 
Forsyth explained ; the bill thus ordered to be 
engrossed was not that which finally passed, 
which came from the Senate.] If, Mr. Clay 
continued, the gentleman would look over the 
list of names recorded in the negative, he would 
find the name of one of the present Cabinet, the 
Secretary of War. The yeas and nays had also 
l>een taken on the proposition to postpone the 
bill indefinitely when it came back from the Sen- 
ate ; and, although owing to the period of the 
session, a smaller number voted on the bill, there 
were yet thirty-seven votes for postponement, to 
some sixty odd against it. 

But, said Mr. C. it seems, that in the remarks 
which I have submitted, I have made some re- 
fections on the late President of the United States. 
No such thing. But was there not, he asked, a 
considerable alteration, since the act of 1817, in 
oar posture in respect to" the war between Spain 
and the Provinces. The Executive had smce 
declared to the whole world that the condition of 
the United States is one of neutrality in regard 
to the contest. Not that only, but that the war 
carrying on is a civil war, and that we owe to 
both parties all the obligations of neutrality — the 
obligations due to a party in a civil war being 
very different from those due to a people in re- 
bellion, and demanding therefore a different state 
of our laws. But, returning to the late President 
of the United States^no man, Mr. C. said, had 
a more high sense of the exalted character and 
distinguished services of the gentleman to whom 
he thus alluded ; but, whilst, said he, I am a Rep- 
resentative of the nation, I shall speak freely my 
sentiments, let them be in opposition to whom 
thejr may, whether the existing or any former 
Chief Magistrate of the United States. Mr. C. 
then called upon gentlemen to show that the act 
of 1794 was inapplicable to the existing conflict 
under the circumstances of the change of attitude, 
to which he had referred. The gentleman had 
contended it was not, because of a decision in 
the case of St. Domingo. That, Mr. C. said, was 
a case standing on insular rrouiH], and totally 
different from the present. We admit the flag 
of the patriots : that President Madison did— we 
declare the contest to be a civil war : that Presi- 
dent Monroe did— and commissioners have been 
sent there, if not with credentials, to hear and 
make representations. The Judiciary then would 
say. that the act of 1794 does include the case, 
and the act of 1817 would be superfluous and un- 
necessary, but for the further provisions contained 
iff that act. Gentlemen had contended, that these 
farther provisions were necessary, because it was 
j^oper to require boad and security from vessels 

departing from our ports, that they will not Tio* 
late our neutral obligations without the territory 
of the United States. This proposition, Mr. C. 
could not reconcile with the admission he under- 
stood gentlemen to make, that acts committed oat 
of our jurisdiction are acts of which foreign 
Powers must take care for themselves. 

The bonds required by the restrictive systems, 
which had been referred to, were not analogous 
to the present case ; they stood on peculiar ground, 
the measures they were necessary to enforce hav- 
ing been required by our own policy, in delenee 
of our own rights and interests, and were not mn 
act of legislation for the benefit of a foreign 
Power, for whom we are under no obligatioa to 
legislate. The difference in the two cases iris 
precisely the difference between legislating fer 
ourselves and legislating for others. But it had 
been said that bonds are required even from pri- 
vateers in war. That is because they have com* 
missions, said Mr. C, and, acting under oar au- 
thority, constitute a particular part of the fbree 
of the community, and the tx>nd is required 
for our own sakes. Whilst on this sol^eet, ki 
said, he could not see the cause for all this anxi- 
ety on the part of gentlemen, lest the patrioli 
should get hold of a vessel prepared for war* 
Were they not aware that the whole marine of 
the island of Cubii consists of vessels porchattd 
from this country ? Ships are an object of cooth 
merce, condemned by no authority. It Wbm par- 
ticularly fitting, under present circumstances, that 
we should give every facility to the sale of ovr 
ships. Do we not know, said he, that owing to 
the condition of the world, our merchant veaaeb 
are cut out of employment, and that, unless Wt 
can sell them, they will rot at our whattesi 
Mr. C. laid it down as a principle, incontror^rti- 
ble, that a ship, armed or not armed, was an ob- 
ject of commerce. Gentlemen would not deny, 
that the materials of armament might be sepa*' 
rately sold, and afterwards combined. Bat the 
honorable gentleman froiQ Sonth Carolina had 
made one admission, which gives op the qnes- 
tion, when he conceded that an armed ship Uwht 
be fitted out— completely equipped— go to a tor^ 
eign port, and afterwards go to war with any 
belligerent whatever, without a Tiolatioa of oar 
neutrality. And yet such a course, admitted bf 
the gentleman to be lawful, was expressly forbid* 
denby the act of 1817. 

[Mr. Lo WN0E8 briefly explained, not adttitSiOg 
the principle Mr. C. considered him as ceding, iti 
the latitude given to it by the Speaker.) 

Mr. C. said, he had conceived the priaeipte to 
be fairly inferred from the course of the gentle- 
man's argument ; and he did not yet nnderstaad 
him as denying, that, af^er a vessel gets inio a 
foreign port, and departs thence, our respOB si M* 
ity for its conduct ceases. And the gentlenafli 
had the other day admitted, in debate on another 
subject, the riffht of expatriation. Suppos^theB) 
that any number of citizens of the United Btates 
should fit out 81^ armed vessel to go to any port 
in Spanish America, and there expatriate cheea- 
selves by becoming citizens of another eonnlry^ 

Digitized by 



HZSTOftT OF C0Na]^»3. 


|(Ueob, 1918. 

Neutral Bdaiiow. 

H. OP R. 

mi^d&t they not then engfge in wwr Qader the fl^g 
.of tJMit eooBtry ? Gentlemen woald not deny it, 
Mid yiei tbey wonld be forbidden to do so by the 

Mr. C stated farther objecMoi^s tp tbis act. 
For ezainnle, the toUector of a port migbt detain 
any TiMsel, when the number or men, the nature 
of the cargo, Or any other circumstance, induce 
jhim to sappoee the resiel is intended for cruising, 
with a belligerent purpose. Mr. C. said be was 
ofyMsed to resting such discretionary power in 
any collector. The voyage may be intended to 
tsUOfLf to China, or any distant port, and the voy- 
age maj be totally defeated, and heavy loss io- 
cun^^i wj R mere caprice of the collector. Mr. C. 
wiafhed his honorable friend (Mr. JoHifaon) to 
read a letter he had received uom St. Bart^lo- 
mews^atating that throe vessels had arrived there 
£rom British ports, not only with skeletons of 
s^iment^ but with nearly all the men, on their 
way to jom the patriots. Had these men, Mr. C. 
a^ed, been subjected to any bond and security^ 
(0 any such onerous provisions as are contained 
in this bill ? No, said he ; we alone, it seems, are 
to stretch our power to its Umit to prevent our 
citizens from aiding in any manner the efforts of 
th<»e who are struggling for liberty in the South ; 
whilst Gb'eat Britam. in this respect, pursues a 
jfoHej which we might worthily imitate. While 
at peace, he iidmitted, we onght to nerform our 
QhugatioQs of neutialitj ; but They dia pot require 
the |«saage of bills with neutral titles, but with 
provision iavorable to one only of the belliger- 
eAia. Wbau on the other h^nd, had Great Brit- 
ain done 1 She had issued a proclamation which 
^almost reccynises the independence df the prov- 
ince^ caiiiag the contest a war between America 
a94f Spain, and forbidding her citizens to engage 
in iC} but requiring no lK)nd and security from 
Ihem. If q, said Mi. C^ she has gone a step fur- 
ther than she has ever before gone : her citi;zens, 
whjo con^tu^ ^ part of the armies of Spain, she 
has forbidden from fighting against the patriots. 
i wish we might ipiitate ner example, and ob- 
aenre a real neutrplity, instead of that which ex- 
ists in name oniy^ to the prejudice of one party 
jandaot of the other. 

la refcaence to the suggestions made by Mr. 
J^iowiinas respecting spoliations, Mr. C. aslced, 
^jakat success have we had in our applications for 
inmanity for spoliations? We are told, very 
.fpo^tnrediy, mdeed^ by the Secretary of State, 
an a late communication— I am sorry we have 
,|iot the b^ent of that letter^tbough, when we 
get i^ I prespme we shall find it a coippilation of 
pth^r works on the same subject-^the Secretary 
of Slate t^ us, very good-naturedly, that we 
have jNitiently waited for the settlement of our 
d i ff er tnc es with Spain, and it will require no very 
great eflfort to wau a little longer. Very gooa- 
Asturedy indeed ! No change, say gentlemen, in 
the attect of our relatio];is with Spain? Yes, a 
most numiliating one, within the last three or 
ii^r years. We were told by the President, in 
w I0^ssi(ge at the commencemeat of the session ; 
§3^ ammguous as |he intimation was, hope clung 

to it as promising a change ; that a disposition 
had been show^ on the part of Spain, to Tnove in 
the negotiation. And what sort of a motion was 
it? A motion which has terminated in some- 
thing like a perpetual repose, waiting till the pas- 
sions and prejudices of His Majesty of Spain 
may have time to subside. Admirable, Job-like 

ritience, said Mr. Ci^ay. I thank my 0od, that 
do not possess it. 

Let us, said Mr. C, in conclusion, put all these 
statutes out of our way, except that of ItM. 
When was that passed? At a moment when 
the enthusiasm of liberty ran through the coun- 
try with electric rapidity ; when the whole coun- 
try, en masee^ was ready to lend a hand and aid 
the French nation in their struggle. General 
Washington, revered name ! the Tather of his 
Country, could hardly arrest this inclination. 
Tet, under such circumstances, the act of 1794 
was found abundantly sufficient. There was, 
then, no gratuitous assumption of neutral debts. 
For twenty years that act has been found suffi- 
cient. But some keen-sighted, sagacious foreign 
Minister finds out that it is not sufficient, and 
the ^ct of 1817 is passed. That act, said Mr. C, 
we find condemned by the universal sentiment 
of the country ; and I hope it will receive fur- 
ther condemnation by the vote of the House tbis 

Mr. Lowndes rose to vindicate himself from 
thechai^ of inconsistency alleged against him by 
the Bp^ker ; but wbichi he said, could not be 
propierly established by taking a sentence or half 
a sentence from a speech, ana founding an argu- 
ment on it. The Speaker infers, said he, because 
I will not take measures to punisn him who, with- 
out (he jurisdiction of the United States, enters 
into a vessel armed by a foreign authority, and 
cruises on the property of foreign nations, that I 
must therefore be willing that a citizen of the 
Onited States, within the limits of the United 
States, in a vessel belonging to the United States, 
shall involve the Government in a responsibility 
for her acts, with e^ual impunity. Mr. L. sub- 
mitted to the Commlittee, whether there was any 
resemblance between the two propositions. 

Mr. FoRSTTB explained the difference as to 
facts between him and the Speaker. If what the 
Speaker had advanced, respecting the vote on the 
act of 1817, had been intended as argument, Mr. 
F. said, ha had endeavored to show that there 
was no weight in it, by showing that the vote to 
which the Speaker had referred ^as not on the 
bill which actually passed, but on a bill reported 
by the Committee on Foreign Relations which 
did did not pass. The member of the Cabinet, 
who bad been referred to, voted against the last- 
mentioned bill, but in favor of that which passed 
into a law, ana there was a very small minority 
against it. With respect to the influence which 
produced the passage of the act of 1817, if there 
was any felt, it was by the President, and to him 
must be imputed the blame; for to him the re* 
monstrances of the foreign Ministers had been 
addressed, and he had brought the subject before 
Congress. With respect to the correspondence 

Digitized by 






Neutral ReUxtumM. 

March, 1818. 

with the MiDistera, on the call of the committee 
for facts of depredations by oar cruisers, these pa- 
pers had been shown to them. I have no recol- 
lection, said Mr. F., of every word in one of the 
official notes, bat I am sore that the version which 
has been given of it is not correct. I verv well 
recollect, although not particularly rememoering 
the particular words or arguments, that the tone 
of the letter and its manner were perfectly re- 
spectfal to the Government, and such as might 
have been expected from the character of the 
Minister. It was neither indecent nor disrespect- 
ful ; in the letter which is published as a copy of 
that, there are passages both indecent and dis- 

In reply to the suggestion, that even if the act of 
1817 was required at the time it passed, it was 
no longer necessarv, because of a change in oar 
posture, Mr. F. said, he knew of no such change. 
As far as the independence of the provinces, or 
of anv of them, was recognised at this moment, 
it haa been at that day. If his memory was notj 
in this respect treacherous, the President of the 
United States announced to the Spanish Minis- 
ter, through th^ Secretary of Stiite, in the cor- 
respondence between them laid before this House 
at the middle of the last session, that such was 
the relation in which we regarded them. This 
answer had been given to an application to ex- 
clude their flags from our ports. 

To show that his construction of the decision 
of the Supreme Court on the act of 1794, as ap- 
plied to the case of St. Domingo, was correct, Mr. 
F. quoted the words of the decision from Cranch's 
Reports. In Massachusetts, the case referred to 
b]r the Speaker, was that of an indictment for 

Siracy, from which the accused sought to shield 
imseu by a commission from one of the Gov- 
ernments asserting their independence. The 
judges composing the court differed on points of 
law. One of the questions was, whether a com- 
mission emanating from any revolted colony, dis- 
trict, or people, whose independence was not 
recognised by the Executive authority of the 
. United States, was valid. Here was a question, 
very different from the present one raited by the 
courts of the United States, and brought up for 
decision ; it was not decided, because the counsel 
for the party was not present, or for some cause 
of that description. This point beins doubtful, 
it was highly proper that the act of 1817 should 
have removed all doubt on the subject. Under 
the act of 1794, it was doubtful whether the com- 
mission of certain acts was an offence under our 
laws or not ; and a long course of litigation be- 
fore the courts would have been necessary before 
the question would have been settled. It was 
better to settle the qaestion, and clear the law of 
all doubt. In this view, the act of 1817 was ne- 
cessary, independently of all other considerations, 
and ought not to be repc^ed. 

Mr. Tucker, of Virginia, said, he would not 
have troubled the Committee, but that his views 
varied somewhat both from those of the Speaker 
and the Chairman of the Comaiittee of Foreign 
Relations. He was averse to the repeal of the 

entire act of 1817, but was in favor of the repeal 
of the two last sections of it; they were called 
the bond section and the collector's section. He 
stated whv he was in favor of retaining the pro- 
visions or the act, except these two sections. 
That act had been framed with the view of ex- 
tending the provisions of the act of 1794, pro- 
hibiting our citizens from taking part in a war 
between two independent nations^ with whom 
we were at peace, to the case of the Spanish 
colonies and the mother country. The act spoke 
of " a foreign prince or state,** and there had 
been in our courts a decision which seemed to 
indicate the necessity of using some farther de- 
signation in order to take in the case of the Span- 
ish colonies. The first section of the act of 1817 
differs from that of 1794. in little else than the 
addition of the words "colony, district, or people,** 
after the words ^ prince or state.'* This amend- 
ment bad been thought necessary last year. He 
had not been present when the bill was passed, 
and should perhaps have hesitated about passing 
any bill with views particularly to this contest. 
But there was a difference between passing the 
bill and repealing it. Spain coald not complaia 
of our leaving it und one. Her conduct had given 
her no peculiar claims upon as. He 8m)uld, 
therefore, perhaps have voted against the law. 
But it is now a law ; and to repeal at this time 
a provision which extends to her the provisions 
of the /ict of 1794, might perhaps justly be con- 
sidered as unfriendly ana hostile. And while 
he, therefore, viewed with as much interest as 
any gentleman the cause of the Spanish patriots, 
and viewed with as little approbation the course 
of the Spanish Gbvemment, he would avoid 
whatever might endanger the peace of the nation. 
He considered it our true policjr to maintain 
peace if we can, without compromitting the digw- 
nity of the nation. It is not less our interest now 
to avoid being entangled in South American af- 
fairs, than it was to avoid, in 1794, being impli- 
cated in European quarrels. He was, therefore, 
disposed to maintain, by all proper means, the 
neutrality of the United States: but it should be 
a dignified neutrality, not involving ourselves in 
difficulties, nor shrinking from what was due to 
our own character and standinjg^ among the nations 
of the earth. It was partly with this view that he 
was opposed to the last sections of the act of 1817. 
Spain has not entitled herself to expect this Qor- 
emment to go farther than they did in 1794, for 
the preservation of its neutrality. These sections 
do ffo farther. A gentleman now within the 
walu of the House, (Mr. Preston,) who was in 
Congress in 1794^ tells me the attempt was made 
to introduce similar provisions into the act of 
that year. It was opposed by the most intelli- 
gent merchants, as emoarrassing and oppressive, 
since it rendered it necessary that every East 
Indiaman, going armed, should be compelled to 
give bond before she could sail. Mr. Fitzsint- 
mons, a distinguished merchant, was mentioned 
as opposing it. The proposal failed in 1794. 
Can Spain expect us. in her favor, to go fkrther 
then we woald go then ? By no means. Let 

Digitized by 





BIascb, 1818. 

Neutral BekUtom. 


08 then leave the first sectiOB of the act of 1817 
in force, and repeal the two last sectioDs. This 
places Bpaia and the colonies on the same foot- 
mg. as other nations are by the act of 1794. Mr. 
T. had specific objections to these clauses. The 
bpnd clause must be inconveaient to Bast India 
merehaats. An intelli^t East India. merchant 
telb me that it is considered as an inconyenient 
|m>Tision at this dav. It mnst be inconvenient ; 
It holds everv mercnant to security, (who, from 
the nature or his trade, is obliged to go armed,) 
merely because some vessels have been illegally 
fitted out. It runs counter to the principles of 
our laws, to hold all to security lest some should 
break the law. The other section, he said, was 
more objectionable. It authorizes a seizure by 
the collector, upon suspicion; it puts into his 
bands powers that belong to the Judiciary ; they 
are ample powers. If there be just ground of 
suspicion, on affidavit, a judge mav issue his war- 
rant against the ofifender ; for, it his ressel has 
been fitted out, and the intent is illeffal, the of* 
fence is completed before she sails. If there be 
not just ground of suspicion, the collector should 
not be permitted to seize ; nor would I take the 
power of judging out of judicial hands, to place 
in the hands of the collector. Who is he? Aper« 
son entitled to large emoluments in the case of 
condemnation of the vessel ; an interested man, 
who, if he succeeds, requires a handsome sum, 
and, if he fails, applies to Congress to indemnify 
him, as he was acting in the line of his duty. 
He would repeat, that Spain had no right to ex- 
pect us to introduce or to retain provisions so 
much at variance with correct principles, and 
which we did not think proper to introduce into 
the former laws for preserving our neutrality. 

Mr. SiciTB, of Maryland, was opposed to this 
motion, though he had made up his mind to give 
a silent vote on it^ but for the remarks of the gen- 
tleman who had lUst spoken, (Mr. Tugkbr.) He 
had the honor, he said, to be a member of the 
Committee of Foreign Relations at the last ses* 
sion, by whom the bill now called the act of 1817 
was reported; and, as far as his recollection 
served him, if the Message of the President 
(which hadf been referred to) had not been sub- 
mitted to that committee, they would have re- 
ported a bill nearly similar in its provisions to 
that which had passed. That letter, Mr. S. said, 
ought to be better understood. The Minister ot 
the King of Portugal had receiyed information, 
which afterwards proved to be correct, that Com- 
modore Taylor had issued orders to privateers 
from the ports of the United States to capture 
the vessels of Portugal ; and he apprized the De- 
partment of Sute that such expeditions were fit- 
ting out. The fact was, Mr. S. said, that those 
vessels, going from ports of the United States, 
did actually take such vessels, carry tham into 
Bnenos Ayres, where the Government decided 
that there was no authority on the part of Com- 
modore Taylor to issue an^ such orders. The let- 
ter from the Portuguese Minister, Mr. S. said fur- 
ther, was couched in respectful terms, such as 
appeared proper and consistent with a conect 

view of his duties as a foreign Minister. It had 
been intimated that the President had been in-' 
duced to address a Message on this subject to 
Congress, by the teasing of a foreign Mmister. 
Did gentlemen suppose the President a man of 
that character to yield to such importunities? 
No ; he was, in applying to Congress for more 
rigid provisions, mmdfiu of his own country' 
alone; and no reflection could justly .apply to the 
President for his conduct on that occasion. 

His friend from Virginia, Mr. S., said, had an 
objection to the act of 1817, bottomed on the 
bonds required by that act to be given in certain 
cases. What were those bonds'^? That an armed 
vessel going from the ports of the United States, 
should not jeopardize the peace of the country. 
This it appeared had been represented to the gea> 
tleman from Vir^nia as a great inconvenience to 
persons engased in the Bast India trade. I am 
myself, said Mr. S., engaged in that trade and a 
number of my constituents, and the constituents 
of Tarious gentlemen here ; and, if there be any 
inconvenience to them, why have they not re- 
monstrated to this House against it? No such 
remonstrance has been forwarded; and yet, sir, 
the merchants are very mindful of their own 
convenience. One remonstrance had been pre* 
sented from that class at the present session, rep- 
resenting that the fifteen days allowed by law was 
too short a time for diseharffing the cargo of a 
ship, and that the per diem allowance for all be- 
yond that time ought to be modified or discon- 
tinued. This. Mr. d. said, was a trifling incon- 
venience, ana yet the merchants remonstmted 
against it. As to the inconvenience of giving 
bonds, Mr. S. said, he who has no wish to do an 
unlavmil act will have no objection to give 
bonds, which give no other trouble than the sig- 
nature of his own name and that of two sureties. 
In civil society, for the benefit of the whole^ in- 
diTiduab must submit to such inconveniences, 
and the merchants had always cheerfully done it. 
Whjr did we so ? asked Mr. S. Because it was 
our interest that those who are disposed to do 
illegal acts may be detected and arrested in their 
designs. We give bond, said he, for the register 
of our ship, and, if we sell the vessel abroad are 
bound to return the register. We could sell onr 
vessels to great advantage abroad, if we could 
sell the registers also; but the security of the 
Government requires us to give bond to return 
them. To such inconveniences, like those of the 
act of 1817, required by the general good, I have 
never known merchants to refuse to submit— »it 
is not their character. With regard to the other 
section, which the gentleman had objected to, Mr. 
S. did not conceive it very important ; but it was 
intended to prevent vessels from being prepared 
in our ports for a cruise in every respect, except 
thai their armament was not on decx, but ready 
to be put in a situation to make war immediately 
on leaving our ports. Such a vessel the collec- 
tors are authorized to deuin ; but from so doing 
gained no advantage, there beinff no forfeiture, 
ac.--so that they had no motive lor pressing the 
execution of the strict letter of the law, and the 

Digitized by 






NaOrai RekOumt. 


power was not therefcnre tafaject to abuse, as bad 
been supposed. The section, he said, had per- 
liaps arisen from a ctrcnsistanee which has cost 
the United States nearly two hundred thonsatfd 
dleUaffs«-he referred to the ease of tha American 
Bagk, of New York, which vessel was supposed 
to Se sold 10 one of the black Emperors, and had 
aboot her all the marks of such a destination ; 
but, under, the laws of the United States, was 
not condemned. That ressel was seized under a 
direct order of the Ezecutite; but ^e collector 
had been adjudged to pay to the owner, for the 
■•izttre> $10{M)0(rand interest, and Congress were 

passed subsequently) And, after all the acts 
that could be passed, it would be found, Mr. 
S. said, that some loop-hole would still be left 
through Which a man may creep. In reply to 
the Speaker's demand, why sueh sympathy with 
the Spanish Qofremment, Mr. S. said, that our 
aynpathies were for ourself es, our acts were ia* 
tended to keep ourseWes within the rules of con- 
duet prescribed by national law for neutral Pow- 
ers; to maintain our own di^pity, and preyent 
our citizens from iuTolTing us in war. Of a war 
with the present power of Spain, he said, nobody 
wowld think much; but a rule applied to Spain 

wmaurvi ^w.vuw cuiu inMnvsi, bbq x^umrw^sa wmwe wv«iu &iuu& luuvu f ww* « i wic «p|r4t«M w i^i^vua 

bevnd to make good the money. If the section I might be applied, by illegal cruisers from our 
BOW objected to had then eadsled, this would not poru, to other Powers, i^ih whom a conflict 

have happened. If a man means &irly, his en 
eerprise wiU be abore board, and there is no fear 
of nis being subjected to a suspicion of an iatea- 
<tion to do an unlawful act ; if he acts otherwise, 
be ought to be restrained bv bonds from carrying 
hoB intention into effect. I am of opinion, said 
Mr. S., we hare an undoubted right tq build yes- 
eels fit fnr war, and send them abroad and sell 
them to whoever will buy them ; but, when we 
4o so, we ought to haye caisoes not contraband 
«f war on board of them. If they have an inno- 
cent eatgp, they haye no occasion for arms, and 
snaygo unmolested where they please. And was 
there anyi^ng in the act of 1817 to jnrohibit 
sueh a trade? No ; it prohibited only the fitting 
«ut of yessds from our ports for the j^urpose of 
^tpredattttg on the commerce of nations with 
whom we are at peace. 

^hat, Mr. S. askied, wu the nature of oor dif- 
foesces with Spain ? Was our claim on her for 
territorial possessions? No, he said, we possess 
the territory we claim, and it is for Spain to ne- 
Mtiate to ai^^ossess us. Our claim against her 
» for spoliations coismitted on our commerce by 
J'renon priyateers whom she permitted to fit out 
firom her ports, and bring in our yesseis lor sale. 
Fer this we justly demand indemnity. And what, 
he asked, had Spain replied? That we haye a 
•eight to this indemnity, and she will pay it when 
m shall be able* Now. if a vessel, saihng out of 
ma poito as a cruiser, obtains a commission we 
know not how, gives fto bonds whatever, coes to 
eea and commences the capture of Spanish prop- 
.erty, are we not responsible 7 In one case a ves- 
sel of thiu description sailed from our ports, and. 
without having visited any patriotic port, had 
eaptnred an Indiaman and sent her into Buenos 
Ayree, where she sold for a million of dollars. 
Twt amouat, Mr. S. said, he hatd been informed 
wae afaceady re<llaimed from us» And, should we 
tfk them to pay us for depredations on the prop- 
arty of our merchants, ana refuse the same meas- 
«ura to them? Now, suppose that at that time 
huA had been exacted, as by the provision of 
the act of 1817 eo strongly objected to, with good 
and sufficient security, that vessel would not have 
gone out and involved the United States in heavy 
renioasibilities by her unlawful acts. 

u, as had been said, up to the last year, the 
act of 1794 iad been deemed sufficientby suc- 
cessive Congresses, why had that of 1797 been 

would not be so very convenient The Hiouse 
had been told that such conduct was not cause of 
war: it might not perhaps create a war at this 
moment-^bnt, said he, whenever the Power thus 
injured feels tttelf strouff enough to make a war, 
you will find that it will be always found a suffi- 
cient cause. If. Mr.. S. said, the United States 
do permit vessMs to be owned and fitted out in 
our ports aad harbors, commanded and manned 
by American citisens, and to sally out and depre- 
date on the commerce of a nation at peace with 
us, without our uking due means to prevent it, 
if that nation be able, she will consider it cause 
<if war. Sunpose we should thus be brought into 
a war. which is not impossible, and that Spain 
shonki fit out, in the ports of fiUigland and of 
Fcanc& privateers which never have gone and 
never intend to go into Spanish ports for oom- 
missions, but should commence their depredations 
on our commerce the moment they leave the ports 
where they were fitted out; suppose that we re- 
monsmte with these Powers, and tell them that 
the prance ia inconvenient and injurious to us, 
and they give to us the answer wmch has been 
given on tlus floor^I want to know, if, with the 
powecs the £^>eaker can bring into action on sueh 
subjects, he would not rouse the feelings of every 
maa in this House to Desent the injury, consider- 
ing it as cause of war. What! he would say, 
shall we stand by and see our commerce plun- 
dered, and our merchants robbed at our very 
iloers by people net at war with us? We ougi^ 
therefore, Mr. S. said, by «yery provisiao that 
was necessary, to prevent our citizens from em- 
barking in these expeditions. If the patriots 
ever have a commerce on the high seas, said he, 
on which depredation can be committed, wa sludl 
find our ciuzens fighting against one another; 
commissions will be taken firom the Spanish 
monarch in the same manner as they now are 
from the patriots; and, money being the only ob- 
ject of those who engage in these ezpeditiona, our 
citizens will be found in arms against each other, 
as either service may afford them the prospect of 

Mr. Cult again rose. He directed his first 
observations to what had fallen from Mr. Tuoua. 
if the decision of the ludicial authorities had 
been, that the case of the patriots did not come 
within the act of 1794, there would be much 
force in his argument for retaining the least 

Digitized by 





Neutxd BdiUiang. 

UAtOMj 1818. 

oWeeiioiitbk pert of the act of 1817. If sueh 
a iootnon had been made bv the Supceme Court, 
Mr. C. said, he did not know bat he would 
M alonff with the geBtleiaan ; but such a decision 
tad not been made^ and, he thought he had showa, 
«OQld not be expected. 

The geatleuiao froaa Maryland, Mr. C. said, 
or bkaself, was totally mistaken as to the case of 
the Bagle. The Power of St. Domingo was not 
tiMa eoamdeied as a Sute— f Mr. Smith explained 
that he had not referred to that case with any 
^w ID that point] Mr. C. said he had it from 
maoestionabie aumority. that in tiie case of Mr. 
CoUeetoc Qdston and t^ Eagie, the court had 
feftmed to gmat the necessary eridence of the 
iaet^ " that there was piobable cause" for the de- 
tavtioB of the Tcssel; and that officer was conse- 
q o e nt lfy leit to the (MseratioB of the law en a 
naked tvespaes. Bat. Mr. C. repeated, a|;ain and 
agjain, that the gentleman from Ckorgia would 
iail la the acten^ to coofouad the rirtoous strug- 
gle of the Patnets of South America with that 
^ the eoDiest of St. Doaunge. There was a dif- 
ference in the fincts, as there was in our laws and 
poliey respecting them. There was, in the ease 
of GU. Domingo, an abeolute prohibition of inter* 
-aanrae, which, he admitted, at the in* 
staaae ef liie French Minister ; and we had not 
laaognised the war as a civil war, d^s., or in any 
aiaaaer so i^garded it, as that a case arising 
nader it in our courts oould be Tiewed in the 
•aaoK li^t as a case occunring in the existing 
aaaAkt in Booth America, la reply to the gen- 
tWman £rom Yirstaia, who seemed to ^ink that 
ttat Power eould not be considered as independ- 
«Bl, whose independence had not been recognised 
bf the Uaiied Sutes, Mr. C. said that was not 
m dear case; because there were many Powers in 
tbe worid, with regard to which we have no 
4Momatic fdatiene whatever. Mr. C. anticipa- 
ted the suggestion he perceived his friend was 
to make, that, the South American pro- 
ilmviag been once a part of Spain, there 
was ia that cifcamstaace an exception to the 
gajwiin l sale. In reply to that amuacnty Mr. C. 
said, that iHulst the power of r&poleon was at 
Its extent, k had eonetehed over and absotbed in 
kis ampice many Powers to which the act of 
1794 would iuKVo previously applied-^Powers in 
thebmitof Qermaay; several Powers there were 
phom we bad aever received a Minister — 
[ others, that of Morat, to whose late Qfjfw- 

ac wo have reeeatly sent a Minister on one 

of shoee fruitless ertltids on which we too often 
aead Miaisiefs, &&---rMr. C. here gave way for 
«a oxalanatiott by Bfr. Tuokbr, and then pro- 
aeedod.J With regard to the ease which had 
lately arieea in the Circuit Court of the ynised 
SlB S ii iat Boston, Mr. C. remarked, that he had 
heard from Judge Story himself, that he had ea- 
luiiaiatd oo doubt of the legality of the commis- 
aion ; bat, as other questions had arisen in regard 
to which there was a difference of opinion be- 
toFoea the judges, they had chosen to introduce 
that qaeation into the case, to bring it 1>efMre the 
Supreme Court. After some further remarks, 


Mr. C. said it would be time enou^ to 
the act of 1794 after a decision against its eOBi- 
peteacy to the present state of thiags by the Sa- 
preme Court or the country, to whom the Agent ^ 
of His Majes^ Ferdinand VIL knows very well 
how to go. The President had placed the par- 
ties to the war oa an equal footing: if they were 
equal for one object, they were for anothe r a nd , 
bein^ equal in our ports, and eqaaUy entitled to 
the ngiUB of beUigoMots, they must be placed oa 
an equal footing in our courts. 

The honorable gentleman from Maryland had 
discovered, however, that we have no claim for 
territory against Spain. [Mr. Smith explained, 
that he had said we have possession of aQ we 
claim, and it is Spain who disputes that point 
with us.] When, Mr. C. asked, did we uke pos- 
seasiea to the Rio del Norte % fie believed there 
was an immense tract of country extendin|( west- 
wardly to that river which we were not m pos- 
session of. Although Congress bad been cold of 
an order given to suppress the establishment at 
Galveston, to this day not even a movement had 
been made by the United States to that quarter 
of the country. But, it seenis, said Mr. C., that 
we have nothins but spoliations to complain of 
on the part of Spain. When did the honorable 
l^tleman discover this ? When was that gross 
insult on the American fiag, committed in the 
case of the Firebrand, on the Quif of Mexico, 
repaired? When was the insult on the fiitig of 
the United States in the case of the frigate Essex 
in the Oalf of Valparaiso atoned for? Let not 
the gentleman escape from that by sayiag that 
tbe patriot flag was flying there ; for Spain is 
responsible for all aeu committed on territory she 
claim8-*for, Mr. C. said, he had ao idea of this 
modern doctrine of inability on the part of Spain 
to prevent the wroogs which we are therefore to 
submit to from her territory. We bave suffered 
eaough, Qod knows, Mr. C. said, from all the 
Powers of Burope; but on the subject of this 
contest with Spain, he thought there was a sen- 
sitive delicacy displayed not often frit. He would, 
he said, prevent our citsens from committing dep- 
redations on her commerce ; but he had no idea 
of succumbing to every little potentate Jn Europe, 
the King of Naples, for instance, because in the 
course of the existing war some little iajury 
might be done to our commerce. Recognise the 
independence of the patriou, said Mr. C, and 
they will do you justice in this respect. In regard 
to the independence of the Southern Repub- 
lics, Mr. C. said, that Buenos Ayres had not 
only declared but bad maintained her ind^nd- 
ence ; and, acknowledged or not, was as inde- 
pendent as anv Power in Aoierioa. Yeaeauela 
and Chili had also declared their independence. 
Althou^ in the war now raging, soaie little in- 
jury might have been sustained by our commorpe, 
yet, as far as his information extended, less m- 
lury had been done to it in the present war than 
m almost anv other which as neatrals we have 
witaessed. lie appealed to his honorable friead 
from Louistan»-*-andit would be recollected that 
New Orleans was one of the most suspected 

Digitized by 






Neutral RdationB. 

March, 1818. 

eitiea— what had beea the offieial report of the 
attorney for x\ax district ? Why. that, after the 
•most careful ioqairy, he could find no instance of 
such offences as were charged. The fact was, 
Mr. C.said. he beliered, with regard to these dep- 
redations, tnat some of the merchants engaged m 
the Lima trade, under the favor of the Spanish 
Qoverament. disliked the interference of the pa- 
triots ; and that the act of 1817 was not so much 
necessanr to protect our commerce as the enter- 
prises of those who enjoyed a yaluable trade with 
:the Royal authorities, and were afraid lest the 
patriot flag might capture and condemn their 

Mr. C. concluded his remarks by saying that 
the act of 1794 was all sufficient for every neces- 
sary purpose, connected with our neutral atti- 
tude ; but, after any decision to the contrary by 
the highest tribunal of the country, he would go 
along with gentlemen and make it applicable. 
But with regard to the bond and security required 
by the law of 1817, at the discretion of every petty 
collector, urged on by the Spanish agents throu^h- 
. out the country, he hoped to see the law contain- 
ing that provision expunged from the statute 

Mr. Smith, of Maryland, replied to Mr. Clay. 
There was no nation on earth, he said, whose inter- 
ests required from it a fair and honorable conduct 
as a neutral, so much as this. Britain alone had a 
more extensive commerce than us ; but with it 
had a larger marine, and was not so much bound 
to delicacy in its neutral deportment. We should 
from this consideration be careful how we relax 
our measures calculated to enforce it. As to the 
case of the Eagle, Mr. S. said the Speaker was 
right as to facts. But, if the law of 1817 had 
existed, the collector would have kept dear of 
• that difficulty. As to the distinction taken be- 
tween St. Domingo and the Spanish provinces, 
Mr. S. said that the flag of the former is admitted 
into our ports, in the same manner as the flag of 
-any other country. With respect to our contro- 
versy with Spain, Mr. S. went on to say, he had 
not expected from the Speaker the remarks he 
had made. 1 know very well, said he, that we 
claim to the Rio del Norte. We have always 
avowed and held that claim ; and. if we have 
not actual possession farther than tne Sabine, it 
is because we are not ready to go beyond it. We 
hold the right, and occupy the soil as far as we 
find it agreeable to do so. Consequently our 
claims on Spain are for spoliations only. As to 
the case of the Firebrand, if proper explanations 
had not been made on that transaction, there was 
no doubt the President would have resented it as 
he. ought, and that the nation would have known 
of it. As to the scene which occurred at Valpa- 
raiso, though the patriot flas was flying there, it 
appeared that Spain must be considered respon- 
sible for that. Had the Executive ever complained 
to Spain of that act ? If it had, he had never 
heard of it— and he presumed it would not have 
been overlooked if it could be properly charged 
to her account. With regard to the i>lea of ina- 
bility, to prevent violations of our rights from 

her territory, the Execative had acted on the 
ground taken by the Speaker, in takinc[ possesdon 
of Amelia Island . That position having become 
a resort for smugglers and buccaneers, it was 
incumbent on the Executive to put them aside, 
and he had done it. He was glad that, on thk 
point at least, the honorable Speaker agreed with 
him. [Not at all, not at all, said Mr. Ulay.] 

As to the occurrences of the war, Mr. S. said 
we had some reasons to complain of the maaoer 
in which it had been carried on, on the part, of 
the patriots. One of the causes of the war we 
lately waged with Great Britain, was the system 
of paper blockades. . By the laws of the United 
States, and the proclamation of Spain, permitting 
the trade to all neutrals, a trade was open to as 
from the Rio del Norte to Mexico— and had been 
very beneficially carried on for a nimiber of years. 
But Admiral Brion, a patriot commander, had 
undertaken, by a paper blockade, to forbid trade 
to a coast two thousand miles in extent, and our 
vessels daring to trade there were thus subjected 
to capture— the consequence of which was, that 
nobody attempted it \ the trade is given up. 

Something had fallen from the Speaker, in the 
course of his remarks, which might produce an 
impression, doubtless not intended by him, tbat 
there was something in the act of 1817 which 
forbade the exportation of munitions of war. 
Nothing of the kmd, said Mr. S.: on the contrary, 
our vessels consuntly load and go to Buenos 
Ayres, to Chili, to Oronoke, Ac, and there is no 
obstruction whatever in their way on our statute 
book. We know that contraband of war, bound 
to one belligerent, is liable to capture by another, 
and we run the risk ; but our laws never have 
forbidden that trade. While ever a trade is open, 
the merchants of the United States will pursue 
it, whether it be to ports of Spain or of tne pa- 
triots ; if the merchants think it a fair trade, ther 
will pursue it. And yet the Speaker is offimded 
because we pursue a little trade to the Spanish 
colonies. Ifthe ideas of the Speaker are to pre- 
vail, said Mr. S., that, because our aflOsctions are 
with the opposite party, we shall not trade with 
Spain, what would now be the price of flour? 
Instead of ten dollars per barrel, it would be some 
five or six. The port of Havana alone, Mr. S. 
said, took one-sixth of the whole of the floor 
shipped from the United States for foreign eoa- 
sumption. Previous to the Freneh Revelation, v 
it had been circuitously supplied by the produce 
of this country ; but from rnteen to twenty yean 
that port, one of the most iVnportant inthewoiid, 
had been open to us. And, Mr. S. asked, was it 
a crime to trade there ? It is no crime to trade 
wherever the laws of the country permit \ it is aot 
only no crime, but it is honorable and useful to 
the country to open a new trade to any quarter ; 
and he trusted it would not be long bdTore we 
should have another trade open equafiy benefieial 
as any we have heretofore possessed, d^s. . Mr. 
S. concluded by some general remarks on the 
state of trade, which he thought as good as we 
had any reason to expect after the general peace 
in Europe. 

Digitized by 



HI8T0RT Of G0NaSB88. 


]KARCfl, 1818. 


H. OP K. 

A diTision of the qaestioo bariig been oilled 
on Mr^^ Clat'o motioo, the quettion was taken 
on so moeh of it as proposes, in effeet, to repeal 
the aei of 1797, and decided in the negative. For 
the aniendaient 67, against it 79. 
• Mr. Clat then wltbdrew the renainder of his 
proposed atnendBient, under the impression that 
this TOte indicated the opinion that the act of 
1794 did not applf to the existing war; and 
moTed an amendment, the effect of wnfoh was to 
repcMil the act oC 1797, and the second and third 
sections of the act of 1817. 

After some remarks between Mr. For8yth and 
Mr. Clat, af;atn8t and for the motion — 

The question was taken thereon, and decided 
in the negatiye. For the amendment 63, against 
it 65. 

lir. Clat, then, understanding these yotes as 
eridence of the sense of the Honse that, until the 
Southern independent governments were recog- 
nised by the United States, they could not be by 
oar courts, and therefore that commissions issued 
by those goTemments would be deemed unlaw- 
foJ, rose to move an amendment, going to place 
the Patriot goyernments, in fact, on the footing 
of couallty, on which it was the declared wish of 
the JSxecntiTe to place them. At present the 
Szecutiye receives their flags ; but if, when they 
come into the United States, those sailing under 
them were liable to be prosecuted as pirates, this 
injustice should be obviated. Such was the ob- 
ject, he said, of the amendment which he moved 
-to add to the bill as a new section, to this effect : 

** That nnther the persons nor the property of per^ 
floiii tailing under the flsg of any colony, diitrict, or 
people, in amity with the United States, should be 
subfect to the peaaltiee attached to piracy in the courts 
of the United States, for or on account of the Gorem- 
ment of tihe United States having omitted to acknowl- 
edged soTeieignW and independenoe of such colony, 
distiicly m peofje.'^ 

It being late in the day, the Committee then 
rose and the House adjourned. 

TBunaoAT, March 19. 

Mr. JoBNaoH, of Kentucky, from the Commit- 
tee on Military Affhirs, reported a bill for the re- 
lief of Frederick Brown ; which was read twice, 
and committed. 

Mr. JoBHBOif. from the same committee, re- 

S[»rted, without amendment, the biU from the 
enate, extending the time for obtaining military 
land wanants, and for other purposes^ which bill 
was ordered to a third reading to-day, and read a 
third u'me accordingly, and passed. 

Mr. Tatlor submitted a joint resolution, au- 
thorizing the transportation by matl^ free of post- 
age, by the members of Congress, of the docu- 
ments lately commuaieated by the President, re- 
specting our relations with SjNiin. 

The resolution was twice read, ordered to be 
eDgfoased for a third reading unlay, and subee- 
quentiy read a third time, and passed. 

On motion of Bir. Spbnoer, the Secretary of 
State was directed to inform this House, whether 

a distribution has been made of the Jovniab and 
documents published under the order of the Set- 
ate and House of Representatives, remctiveiy, 
pursuant to the joint re^lution of the 27th of De- 
cember, 1813, and what further provision is ne- 
eessary to insure the transmission of thft said 
journals and documents, according to the said 

Mr. Spbncbr submitted the following resolu- 
tion, wluch was read, and ordered to lie oa the 

Resolved, That, unlea otherwise speeiaBy dfaeeted 
by the House, six hundred copies shall be struck of 
all sudi matters as may be directed to be printed, ea- 

% bills and smendmstits. • 
lat the said six hundred copies shall be disposed 
of, and distributed in the following manner, to wit: 
Two hundred copies shall be retained in the printiBg 
office, and at the close of eaoh s ess i o n be dsyosed 
of and distributed, conformably with the prendooa 
of the resolution of the 37th of Dec, 1818 - 200 
The remaining four hundred copies shall be de- 

Swited by the printer in the post-office of the 
ouse, from time to time, ss the work may be 
executed, pursuant to his contract, and shall 
be prompUy diftributed by the Doorkeeper of 
the House, as foUowi, to wit: 
On the desk of each member and delegate, one 

In the Speaker's table 

use of 

On ^ 

On the Clerk's table 

In the Clerk's office ... 

To the President of the Senate, for the 
the Senate • . . • • 

To the President' of the United States 

To the Secretary of State 

To the Secretary of the Treasury • 

To the Secretaiy of War 

TotheSeoretaiyoftheNafy • 

To the Attomey General 

To the Comnussioners of the Na^ Board 

To the Auditofs of the Treasury, fire eopiee 

To the Comptroller of the Treasury 

To the Register of the Treasury 

To the Postmaster General 

To the Commissioner of the General Land Office 

To the Commissioner of the Revenue 

To the Comnussioner of Claims for property 
Iost,dtc ..-.-- 

To the Commissioner of the Pidilie Buildings 

To such foreign Ministers as reside at the Seat 
of GoTemment, or Consuls, in case of no res- 
ident Ministers, two each, supposed to amount 
tonine - - - - - - . • 

To the publio primer 

To the iiibrsrisn ...... 

Hie residue to be bound up^ at the end of the 
session, to be deposited in the Clerk's office, 
as heretofore 












A message from the Senate informed the House 
that the Senate have passed bills of the foUowiag 
titles, to wit: 

1. An act to adjust the claima 4o lots in the 
town of Vincennes, and for the sale of tha land 

Digitized by 






Nmhral S^aHwi. 

March, 1618. 

a yf iuf r Uo l ftt a eomum for the use of the iar 
hmtants of tha said town. 

2. An Mt for tht relief of John Bmnli. 

^ As act respeetinf the sonreyiag and aale of 
ihe faUie lands in the Alabama Territory. 

4. An act to deihiT the expenaee of the miUtta, 
m ^ MM marehiag to placet of rendezrone. 

5. An act for the relief of Ashael Clark. 

^ Aa aet to authorize the Seerctarf of the 
Tteaeory to repay or rtmit eertatn alien duties 
therein described; in which bills they ask the 
ea ncwrrf M e of thie Hiwse> 

The fiiet and third meotkaied of the Hid biUs 
wei«i reepeeti^eiy, read iwiae, andfefereed to the 
Committee on the Pablie Lands. 

The eecond mentioned of the said bills was 
read twiee^ and referred le the Committee on 
PMvaip LeJid Claims. 

The foofffa mentioned of the said bilb 

read twice, and committed to a Committee of 
the Whole. 

The fifth mentioned of the said hftls was read 
twice, and referred iio the Committee on Military 

The last mentioned pf t|ie said tjlls was r^ad 
twice, and referred to the Committee of Ways 
and Mw^Fir*»f 

The resplutipn from the Senate. ^* directlna: the 
distribatlon of the laws of the ionrteenth Con- 
gress among the members of the filteeath Coin- 
gress," was read the third time^ a^d passed 4e 


The House then again fesolYod iaeV into a 
Committee of the WUe, on the hill in addiuon 
to the "Act for the punishment of eentain dimes 
against the United Stales, and to wyaal the acts 
ihorein mentioned." Mr.OLav's meiieii to add 
a section exempiing "vessels sailing under 4he flags 
of unreeegnised goremmenis enterieff our porte, 
iirom the penalties of piracy, being stiU under eon- 
^ideration — 

Mr. Clay declined ta;king qp the imp ctf tl^e 
Committee ai^y further on this motion. Qe would 
4>nly say, that I1I3 object was to place the Patriot 
flag on precisely the sape footing la our ports^^ 
that of the opposite party. He disclaimed any 
inteatien, as Jbe kamf d was pcesimed hy some. 
6f paodticiig kj Ihi^ mo^ofi aniodkec^ recoui- 
tien of &t»m JmWQfm independeniSfii. WEen- 
erer ihe shoeM hnng |h|U ^Mention bafofe the 
Moose, as he assuredly meant to do, it waald be 
in a wav open, direet, and nnfUngunnn 

Mr. F0B8TTB oppooed the motion, aad eatceod 
into earieiis arguments to shew Ihe infeopiiet^ 
of {daetog upon this looting 1^ flags of neeem- 
menis purporting to be organized and independ- 
ent, which might hare no existence, and to whom 
t)»re could be no appeal for the misconduct of 
those actine under commissions from their pre- 
tended auihority. As an enunplc, he asentioned 
the Mexican Patriot Government, ef whose Con»> 
flress we had some time ago heard, and which, it 
had been reported last year, had passed a rote of 
thanks to the honorable Speaker tor his magnan* 

imous esertiena in faror id their canse ; bnt this 
Congress had sunk into obUTion,«nd all seaa- 
blanee of an indenendent gerernment heeonae ez- 
ttnet, since the fiul of the onfoniuoafe Minn ; also 
that of Venezuela, whose geremment existed 
only ia the camp of Bolifrar. To these go?em- 
ments these ooald be no resort, as they could net 
be fenad, and therefore coold net be considesed 
f emonsible^ though there were numerous cruisers 
sailing under commissietts issued by them, whieh 
might commit any irregukrity, and eren 4e|m- 
date upon American property, without onr being 
able to appeal to those granting the oomnusslona 
for redress. 

Mr. Clat oiered a few more remarks in favor 
of aa ameadoaent, whose objects he thought ao 
clear and proper. As to the vote of thanks wUeh 
it was said he had received from the MfiZican 
Ceagress. he had no knowledge of it ; but of sueh 
a distine^eo, if it were so, he should feel prand. 
Ui however, said Blr. C, I have deserved such an 
honor from the patrtots for my exertions, I sub- 
mit At to my friend from Qmgia, whether Jie 
does net deserve a vote of thanks from the eppo- 
fite aarur, for hb exertions on that side ? 

Mr* T. hL NaLaoM replied to Mr. PonaYTB, 
and disalaimed any views in the votes which Jie 
gave here, ether than the good of his country aad 
mankind. He was unwitting to involve his eeem- 
try in waf to benefit any people or Ooveroment, 
but he would not, from any apprehension of war, 
be deteiffed from doing equal justice, and partic- 
ularly when his feeliags as a repuWicaD, a phi- 
lanthropist, and a chnstum, impelled him to wish 
success to every struggle for liberty. «ach a strug- 

51e, as bp believed, was now going on in Sooth 
MH»e»0B^ Ht. W> said, ^ amendment propoaed 
wenld mr9km the Vniied States vbl no^oairel; 
it sinnly oOled lor die pnetice of the knmMiM 
MMtralitf which wn^ professed. U mouAd net 
have the effect of screening from ppni^hment de- 
predations on American property, as Mr. Fon- 
STTH had apprehendea : it woold merely not make 
the punishment depend on the acknowledgment 
of sovereignty. The persons and property com- 
ing into our pores under the Spanish flag, were 
not liable to pnnishnaent in our coiu^s, end ii was 
tialthatt " " 

not unpartiaT that these sailing uadt^ the flag of 
the Booth American patriots sheold be, only be* 
cause their independence remained nnackaewl- 
edged by onr Government. The pe^ of this 
coomry, Mr. N. believed, were not willing to 
makeeo flupmnt a difieraaoe ia ihvor of a Qow- 
effnmentetSDs intoleiant to the claims of hnmaa- 
ity towards ito colonies, and regnrdlem of the 
claims of justice made on it by the United Bmtes. 
He honed the amendment would he agveed to. 

Mr. MinniinTOif spoke as to the repoted £ict in 
the trial ef a case of capture wJiiudicated in the 
district court of South Carolina, referred to in 
the debate. 

Idr.BMiTn,of Maryland, spoke, to show that 
the amendment was not neceasary to the correct 
adjudication of cases coming before the courts 
under the law. 

Mr^ Lowjinns had no objection to the olyect 

Digitized by 





BfABOB, lB19w 

f9mtfal ArMvem*. 


of the MieBdneiit* \mt tpck^ tome time to show 
that it was not rafficieatly definite. It would be 
a moasirous iaioatice to subject to punish meat 
iaditiduaJs makinf captures and bringing them 
into our p<Hls, uttder the flags of (JovefhTDents so 
well established as some of the South American 
Sutes— that of Buenos Ayres, for instaaoe ; but 
the words of the amendment would admit Tessels 
under any flaC) eTen such as that of a few indi- 
Tiduab who should assemble on the obscure island 
of Jdan Fernandez, and fit out their cruisers. It 
could not be the intention of the House to permit 
captured property to be brought into our ports^ 
and their regality sanctioned under such author- 
ity. In these eases there ought to be either an 
individual or a national responsibility; in the ob^ 
seuire and unknown establishments to which be 
had alluded, this resposibiKty could net be na* 
ticmal ; then the responsiMlity ought to apply to 
the inditidua]. It was said, the amendment was 
to apply to such flags as were admitted by the 
Bxecutfrey and not to such as were excluded by 
the BxecutiTe ; Mn Lr. denied that the flxeeu-* 
tive had the power, either by the Constitution or 
by law, to exclude any fiag firom our ports->-that 
power was tesied in Congress alone. The amend- 
ment would, thereft>re, recoffuise the flag of any 
countrr, howerer ephemeral aad thus fp to de- 
stroy that indiridual responsibility ibr crimes, in 
our courts, which ou^ht not to be r^inquished. 

Mr. Clat had noi%jeetioa ^any modification 
of his motion, which thoM limit its application 
to the itt^pendent States ai South America, and 
he vhould bare inserted such words himself, had 
he not deemed it expedient to addM the precise 
language of the law of last session, in which 
ther^ was no designation of any particular States. 
He iliAred, howerer, iVom Mr. Lownnas, as to 
the power of the ElecutiTe to exclude any flag^ 
he bdicTed the President had that power ; but, to 
settle that question, he had no objection to con- 
fer that power by the law. and let him decide 
what flags should be admitted, and thus come 
under the amendment. 

Mr. Tdoksb, of Tirgiaia. moved to modify the 
ameadmetit to r^ad as follows. It Would not 
chan|e the effict at all, but only the hinguage ; 
aad, if adopted, it would be competent for the 
oourts to say whether any flag in question was 
that of a coiony, district, or people, within the 
meaning of the section : 

**And he it fottJUsr enacted^ That in ptosecutiotis 
eiflier agtmst persons or property , sailing under the flag 
of any coloKiy, district, orpeople, which shall be adteiftod 
iMo the ports of the Unitsd States, it dudl net be 
deaaMd grsund lor the punishment or eondemnatlon 
•f audi peis s n m property, that the s o v e te ig aty of 
mok tolmn, diattiety ot people^ has not been adBao«4- 
edged hf the Ooreraaient of the Unitad Saues." 

This modification was accepted by Mr. Cult, 
(and asoented to by Mr. LowiiDfis,) as a substi- 
tute fot hts motion. 

It was opposed, ia this shape, by Messrs. For> 
arm and BMrrB. of Maryland, and sunported by 
Bfr. TucKiR. Mr. SpiNonn submtttea Mme re- 
iMrka in reply to Mr. SiIitb, on ^ nattire of 

piracy, which could be committed widi-aawull 
as without a commission, dtc 

The question was then taken on Mr* Clay's 
amendment, as modified, and carried — ayes 87. 

Mr. FoRSTTB then said, the adoptioa of this 
section went to authoriae every cokmy, distiioi, 
or people whatsoet er, to issue commlsBioas, a«d 
to recognise such commissions in our pota* He 
wished that the section might be confined to to- 
sponsible Qorernments, and not rocogoiso any 
handfoi of men who might imbody and issue 
commissions to capture properly on the hi^h seas. 
He, therefore, moved to add to the seotiou the 
following proviso i 

^Prwfided, That the ccdonjr, district, or people alM>- 
sald, have organised an etis^iig indepenAmt Oovehi* 
meat at the time of the eeauaiiskm of the fM of 
Which the persons are charged." 

Mr. Clay, after waiving the Objection of order 
which might be made to tnis motion, said it was 
improper, because it would require too tnueh. 
Teneznela, for example, which had achieved an 
imperishable fame by its noble and unparalleled 
exertions in the cause of liberty — be did not know 
that this State was actually independent, though 
it so well deserved to be, and had no doubt it 
would soon be— yet the flag of this Qovemment, 
so much entitled to our respect and admiration, 
would be excluded from our ports by the proviso. 

On motion of Mr. Tucksr, of Virginia, the 
proviso was amended, to read as follows — ayes 85 : 

^PrwUeit That the colony, district) or people alsra- 
said, have oiganlied an eadsdog Govenuneat, claiming 
to be independent at the time of the commission of the 
fact, of wluch the persons are oharged.** 

Mr. FoRSYTB moved to insert the word ^ re-* 
sponsible,'' after the word <' existiAg." 

Mr. Clay objected to this, as a phrase vagve 
and uausaal. applied to a nation, however deftaiie 
aad intelligible anplied to an individaaL What 
was a respoasible Government? Some might 
think the Qorernment of Spain ics^f, af the 
adored Ferdinand, not responsible. It was a terai 
of too doubtlbl coastruction to be proper here. 

Mr. Fdaarrn said, the word respaneible ^tfU 
of definite iind precise meaning, as applied to na- 
tions or individuals. There was a poftuniarf re- 
sponsibility certainly, but the Speaker on^fSiocM 
perfectly well there were other responslUlitiee, 
too, with respect to natioas. His wish was to 
permit the courts to ^udge whether «ha €to?um«- 
ment^ claiming to be f adepeadent, was so eonsii- 
tvted as to eaable the Uaifed S«ates to aaake it 
answerable for the conduct of those saiHag under 
its commission. Before the end of the pisfeaut 
session of Congress, he hoped to be permitied to 
show to the Speaker how the adored Ferdioaad 
might be made responsible for the conduct of 
Spain to the United States. ^^ 

Mr. Clay expressed his thanks for thie imr- 
matlon, aad the pleasure it gave him. 

Mr. Fott8YTH*e motion was lost, and the pro- 
viso was then agreed to, as modified by Mr. 
Tuocaa. ^ ^„ 

The Committee then rose, and reported the Mil 

Digitized by 



msioET OF (xmctBoma. 



Ohio QmietUd Siee^um. 

March, 1818. 

andamelkdmeiiu to Um House ; which were laid 
on the table, to be primed. 


The Hooae then went intoa Coioiaittee of the 
Whole on the report of the Committee of £Uec- 
tioBs, in the case of the disputed right of Mr. 
HiRRicK to his seatj in consequence of haring 
foe some tin^e after his election held the office of 
United States Attorney for the district of Ohio. 
The. report concludes with a resolution that Mr. 
H* is entiiled to a seat; which resolution Mr. 
Adams yesterday moved to reyerse. 

Mr. Anderson, of Kentucky, said that his re- 
flections on this subject had prodqced a result, 
Tffy different from the resolution recommended 
by ihe Committee of Elections. The question 
presented by the report is a very important one; 
and the delicacy, if not the difficulty, of the sob- 
jecx is very mucn increased by the consideration! 
that, not only the seats of several gentlemen here, 
but the rights of their constituents are involved. 
If we shall, by any incorrect decision, declare 
that these seats are vacant, we shall, indeed, 
deeply injure that portion or our fellow-citizens 
whose power we destroy, and whose voice we 
silence m thjs House ; but this consideration can 
only promjpt us to a more attentive examination 
of the subiect, when it is remembered that, if we 
admit to the. councils of the country persons who 
have not th6 required qualifications, we inflict a 
much greater injury on the whole body of the 
American people. There is nothing more highly 
ealcttlated to excite the jealousy of freemen, than 
an extension of the power of legislating over 
them, to those to whom they have not fmpart- 
ed it. 

The duty which we are now performing is 
imjKirtant, but fortunately of rare occurrence. 
This House has now laid aside ito ordinary legis- 
lative character, and has assumed, under the 
direction of the Constitution^ the functions and 
powers of a court. The solitary case in which 
the House of Representatives assumes the judi* 
cial character i^ in determining ^the election 
Mluras and qualifications of its own members." 
The ultimate cousistency of all its* other acts 
with the Constitution is to be tested by another 
dqwrtment. In this case it is the sole, judge of 
the Aets and the Constitution. Its exposition is 
final and uncontrollable. This oonsideij^tion im- 
pttiees on us the importance of tha question, and 
shows the necessity of giving to it the clearest 
examiiation* And, however strong our personal 
feeling might be to wish the most intimate asso- 
ciation with these gentlemen in the discharge of 
our duties, however much we might rejoice that 
the nation should receive the benefit of their ex- 
perience and talents, it must be remembered that 
we can neither extend nor curtail the demanded 
Qualification. It is known that he must rely on 
the last member of the sixth section of tlie Con- 
stitution for the exclusion, which he expected to 
establish, which declares that "no person holding 
any office under the United States shall be a 
member of either House during bis continuance 

in office." The question seems to depend, by. 
unanimous concession, on the time at which the 
representative character was assumed. Was it 
on the 4th of March ; or at the time of taking 
the seat, or oath ; or at what, time was it ? To 
maintain the position for which he contended, it established that the individual became a 
representative on the 4th day of Ma^ch, the com- 
mencement of the Congressional term. But it. 
has been contended in the answer of the gentle- 
man. from Massachusetts, that this period has no. 
other claim to dignity tium that which an ordi- 
nary act of the legislature could give it, and^that, 
consequently, in ffiving construction to the Con- 
stitution, we could not assume that time, in pre- 
ference to any other, as the beginning of the 
term. If the fact corresponded with this state- 
ment, the consequence contended for could not 
follow, as the statute would have been in neces- 
sary execution of the Constitution, and as indis- 
I>ensable for putting the Government into opera- 
tion as any clause in the. original instrument. 
But, by attending to the facts as they occurred, 
it will be manifest that the period here assumed, 
is the commencement of the federal year, and 
that nothing has been fixed with more solemnity. 
Th9 body of the Constitution does not, and ii^ 
deed could not. from the uncertainty of its ever 
being ratified, oeclare the day on wfa^h the Gov- 
ernment should take effect. But, on the same 
day on which the Constitution was completed, 
the Convention still sitting in its public charac- 
ter, with all the powers with which they ever had 
been invested, passed a resolution, in which the 
mode of procuring the assent and ratification of 
the States was prescribed, and authority was 
given to the Old Congress, ^' as soon as the Con- 
^ ventions of nine States had ratified this Consti- 
' tution, to fix a time and plac^ for commencing 
* proceedings under this Constitution." It waa 
further resolved that, after the requisite elections 
had taken place, all of which were therein pro- 
vided for, that " the Senators and Representatives 
should convene at the time and place assigned,"., 
and that " the Congress, together with the Pre- 
sident, should, without delay, prooceed to execute 
this Uonstitution." This resolution was declared . 
to have been passed " by the unanimous order of 
the Convention ;" and was attested by the Presi- 
dent and Secretary. It will readily be conceded 
that, if the members of the Convention posseiMd 
the power of framing a Con^itution, they as cer- 
tainly possessed the means of providing for its 
execution. The time for beffinning the new order 
was of necessity submitted to some body whick 
should have existence when the ratifications of 
the several States should be received. And these 
resolutions had in truth, and in public eatimatioa 
too, as much dignity as any part of the body of 
the instrument, for all the States in the Union 
recognised them by appointing Conventions, and 
Congress did discharge the duty vested in them. 
On the 13th September, 1788, information having 
been received of the ratification according to the 
required manner, Congress executed the power, 
by resolving that " the first Wednesday in Marcli 

Digitized by 



msraRT of ookobbss. 


Uabgh, 1818. 

Ohio Contuted ElecHm. 


mezt ht the time, and the present Seat of Con- 
greiB the plaee,* for commeiiciDg proeeediogt 
under the ConttitotioD.'' And the Senators and 
Repreeentatires did gire final execution to the 
original reeolntton bf meeting on that day. The 
joornal is entered in the first volame of the late 
edition of the laws of the United States, and 
eontaias the narratire of these proceedings. The 
fira act of the Senate has preelnded all qaestion 
as it regards that body, as, in obedience to the 
third section, the Senators were at their first 
meeting diyided into three classes, and the seats 
ef each declared vacant at the expiration of two. 
foar, and six years respectirelyi all in reference 

Mr. A. said he should not have devoted one 
moment to prove what he never knew before to 
be denied, ir it had not been seriotisly urged in 
the answer, that this day had been assumed as 
the commencement of the Congressional year, 
only by an act of ordinary leg[islatioD, and that, 
in any dehate on the construction of the Consti* 
tution, it had no more claim to attention than 
any other period of time. But it now must be 
manifest that this day has been fixed with a cer- 
tainty and solemnitv which would forbid the 
Legislature from declaring that Congress should 
in fature uke iu date from any other period ; 
and. indeed, forbid it from all interference on the 

In examining this subject, Mr. A. said, he 
shoald not pursue the course of the report, but 
should take the Constitution solely as his guide, 
and expected to prove, from its various provi- 
sions, that the individual elected assumes the 
character, priviiMes, and responsibilities of a 
member bdfbre the session of Congress ; or, in 
other words, that they are not dependent on his 
takiog the oath, and the actual occupation of his 
seat. The first part to which he called the atten- 
tion of the Committee was the first member of 
the fifth section, which declares that "a majority 
of each House shall constitute a quorum to do 
business, bat a smaller number may adjourn from 
day to day, and may be authorized to compel the 
attendance of absent members.'' There is no pre- 
tence ier saying that this has not reference to the 
irst as well as to any subsequent session of Con- 
gnm. Here, then, is the plainest evidence that 
a person elected may be a member of the House 
bdere he has appeared and taken his seat; be- 
fore he has presented himself to the House; be- 
fore he has given any formal acknowledgment 
of iu authority; even before he has given the 
least signification of his acceptance, there is im- 
posed on him the responsibility of a member. 
Bo k bound to attena; and his disobedience 
would be punished by adequate penalties. The 
operatioo of this clause may seem highly penal ; 
it may seem harsh to impose such obligations on 
a citizen who has manifested no unwillingness 
to incur them. That the language of the section 
is plain, would be an ample answer to any com- 
phUnt of supposed hardships; but it is evident 


that the grant of such a power was essential to 
keep alive the two Houses of Congress. It would 
have been idle to have created a legislative body, 
without ffiving to the attending members the 
power of coercing the attention of absentees, 
and thereby of preserving its own existence. 
But this could be done in no way but by impos- 
ing on the nersons elected the character and ob- 
ligations or members. 

This section, then, completely establishes the 
position, that persons elected may be Senators or 
Representatives before their appearance. To 
what period of time, then, can the beginning' of 
their public character be referred ? To none but 
the commencement of the term. If Congress 
had been convened on the 1st of June, the same 
power would have been possessed to compel the 
attendance of those who were absent ; and such 
would have been the case at any meeting after 
the 3d of hfarch. Hence, to his mind the con- 
sequence was resistless, that if the individual has 
been chosen by the people, and the time has com- 
menced, he is a member, and is subject to all the 
penalties and disabilities of one. It has been 
thought by some, that the person elected could 
not M a Representative unless he had given some 
formal evidence of his acceptance ; but this sec* 
tion entirely destroys that idea. So far from re- 
quiring any formal acceptance of the votes of 
the people, to subject him to the call of the 
House, we see that even a failure to attend is not 
considered sufficient evidence of non-acceptance 
as to rescue him from its power. The clear in- 
ference, then, is, that when an individual of the 
requisite age and citizenship has been elected, he 
is a member, unless he gives positive evidence that 
he refuses to accept. And it is not believed that 
any inconvenience can result from this section, 
so necessary to the existence of Congress, as the 
cases have never yet been disclosed in which the 
votes of the people were thrown upon a gentleman, 
unless it was with his acquiescence, and, gener- 
ally, at his most earnest entreaty ; and no mis* 
chief can in any wav arise, as the person may 
easily release himselr from the pains by renounc* 
ing the honors of a Representative. 

Before he proceeded to test the consuuetion 
contended for by his adversaries, by the other pro- 
visions of the Cfonstltution^ it was necessary that 
he should examine a position assumed by them, 
and urged with great confidence, one whleh was 
rejected by the Committee of Elections, but 
seemed to be relied upon as the main ground of 
defence in the printed answers of the gentlemen 
from Massachusetts and Ohio, f Messrs. Houfie 
and HnnnicK.) They rested tneir defence to a 
seat in this House on the distinction between the 
words 'S^presetttolioet and membcrt." The clause 
which produces the exclusion in this case says, 
that ^ no person holding an office under the Uni- 
ted. Stttes shall be a member of either House 
during his continuance in office." And the whole 
course of the arffument of these gentlemen is 
founded on the aumission that they were repre- 
sentatives from the commencement of the term; 
but they contend that they were not members 

Digitized by 






Okh QmttHed J&9cHm. 

Mab€h» 1818; 

QBtil tite oach was admtnistered, tod the Hovse 
was organized, and, of coarse, were not embraced 
whbiD.tiie exclasiOD. For this coostraction they 
have conteoded with such zeal, as to demonstrate 
that in their opinion the whole question turns on 
this point. To ascertain the correctness of this 
bold and noyei idea, he had im|K>sed on himself 
the trouble of a yerW and critical ezamination 
of the whole Constitation ; and he now felt the 
confident conviction that it was not correct. The 
word "members" is used in various places to 
coovef the same roeaninff which is expressed by 
the words ^ senators and representatiYes f thejr 
are used indiscriminately throuffhout the Consti- 
tution. The clause on which he bad comment- 
ed spoke particularly of members in reference to 
a time before they had appeared, and belbre the 
House was convened ; it save the power of call- 
ing the ** absent members'* to produce an oraan- 
ization of the House^ the very fact which these 
gentlemen contend is necessary to eonstitute a 
member. But it is used, ^neralty, to prevent 
eivcumloctttioii, as a collective word, embracing 
the constituent individuab of hck^ Houses, 
Wherever a section is introdoced in the Consti- 
tution, giving powers, or imposing duties on the 
members of both Houses, that word is used to 
supersede the necessity of two sections, which 
would nave been otherwise neeessar^r* It would 
«ot only have been prolix, btit very inelegant to 
have prescribed the powers and duties of the 
Senators, and, immediately afterwards, to hare 
introduced a section, similar in all respects, de- 
clarii»g the powers and diuies of Representatives. 
This prolixitv and inelegance has been avoided 

Sr the use or a word equally applicable to both, 
ot so strong was the reliance which had been 
placed in this construction, that he had be^i in- 
duced to examine the letters of the Federalist, to 
ascertain whether it was rendered plausible by 
any notice or commentary there ; but he ibnnd 
that in the work the word "members" had been 
employed in more than twenty cases, in reference 
to the persons elected, before the meeting of the 
Congress for which the^ had been elected. In 
one remarkable instance, in the case of the clause 
now under cmsaderatioD; the authors, in stating 
the operation of it for another purpose, say that 
the " Senators and RepreseatatiTes" are excluded 
from office, thereby substituting those words for 
the one which is really used, showing mostckar- 
1 V that they considered them as synonymous, end 
that the distinction now urged was not suggested 
to them. It may be said, as this question did not 
form the particalar sa^ect of consideration in 
any of these celebrated tracts, that no definition 
there imposed should have the weifht of an au- 
th<Nrity. He said he did not use it mr the author- 
ity of their opinion, but he used it for the author- 
ity of the fact, that it was impossible, if the dis- 
tinction between these words, as now contended 
for, had been taken in the Convention, that Mr. 
Madison and Mr. Hamilton, who took an active 
part in all its proceedings, should so soon have 
forgotten it ; should so soon afterwards have ttted, 
as synonymous, words between which they had, 

a few months before, created such an imf^rtanik 
diffisrence. He said he could not have much con* 
fidence in a construction which had not occurred 
to any one for neHrly thirty years. He asked tbA 
whole Committee, he asked each member iadU 
vidaally, if the thought hid ever occurred to hkn 
that he was a Represenutive from the com^ 
mencement of the term, but not a member of 
Ccmgress until the House was organized? The 
idea was, then, surely fallacious, and the authora 
of it entitled to nothing but the high merit of 
inffenuity and noveltyr 

The sixth section, which declares tbet "SooaFt 
< tors and Representatives shall in all eases, ex« 
* cept treason, felony, and breach of the peace, be 
' privileged from arrest during their atfenduce 
'at the session of their respective Houses, and in 
'going to and returning frotan the same," fur* 
nishes a case, in which the privilefesof uRene* 
sentative are thrown over the individanl before 
he takes the oath of office. This exemptkm pie* 
cedes the very facts which, the report centeMS) 
are neeessMry to constitute the Representative. 

In perfect cdneidenee with these two daimm 
is the first section, article second, which, pre* 
scribing the manner of appotntipg a Prestdent^ 
says that ^ no Setudor or Sepre t eti M ive, or pcif 
son holding any office under the United Sinte% 
shall be appointed an elector." This sctttelMe 
surely embraces the case of a Representative^ u 
well before as after he has taken his seal. The 
reason of the exclusion is plain, and we shsuld 
deprive the clause of half its operation, if it was 
restricted to the period which occurs afker the 
member has taken his seat. Bat notwithetanding 
this interdiction, if the constructioo of the report 
be correct, a member of Congress asay, befeie 
the session commences, act as an decflor* Surelj 
we should not rashly admit a construction wkkk 
would enable all who have been elected to Con- 
gress to serve as electors during that whole period 
of time between March and Uecember; but this 
result must follow, if the person eleeted is not a 
Represenutive until he appears and takes hii 
seat, for it is the Representative only who is tlie 
disqualified person ; and if that character has md 
attached itself to him he is under no disquaMAofr' 
tion, and can be an elector. One rensoa which 
caused the Convention to disqualify nMnben of 
Congress from serving as eieetars was, thaC^ in 
the event of an equil number of votes between 
any two candidates for the Presidency, the Pre- 
sident is to be chosen by the House of Bepreeeft- 
utives. That the same individual, thna, may 
act and vote as an elector, and inaiew w^oIb 
afterwards, in the e?ent of a tie, may, on this 
floor, again vote for the President, is the prepee- ' 
teions and frightful, but certain consequenoe of 
the ffentiemea^ doctrine. If we assent to the 
position assumed, there b no mode of eztrteniinig 
ourselves from the difficulty; bat if we were 
only reduced to the alternative of ascribing theae 
consequences to the Constitution, or to the report, 
the gentiemen must pardon him if he theugibt 
they were entitled to the preference. 

The second section of Art. 1 says that no per- 

Digitized by 





Mamh, 1818. 

Okio Qmteftei Ehctumk 


aon BkM be "a RepreseoUtife who shall not 
hftYe altaioed the age of twenty-five years, and 
have been seven years a citizen of the United 
States." If the idea is correct that no one can 
be a Representative before the oath is taken, then 
this requisition is complit d with, if the age and 
citizenship be attained at any time before the 
meeting o( Congress. This may seem at first 
' reasonable enough, as there is no official dnty to 
be performed in wnich wisdom or experience is 
required before that time; bat the consequence 
wonid be ludicrous, as it makes the eligibility of 
the person choeen depend on the time of year at 
which Congress meets. If Congress is convened 
in the Spring, he is not eligible ; if it is postponed 
until December, the age is obtained and he takes 
his seat. 

Tha farther mult follows, that in this way you 
give to the President the power of conferring or 
withholding the eligibility of the individual! as 
he can^ by convening Coagresa at an earlier .day 
than the usual one^ deprive him of the qualifica- 
tion which he would have atuined in a few 
months. Unless, indeed, you push the conse- 
quence still farther, and contend that, as he is 
not a Repreeentative until he is sworn, he may 
postpone that period^ and be still eligible and take 
his seat, if he attains the required age at any 
time before the expiraiioo of the term. But cer- 
tainly the qualifications of a member cannot de- 
pevtd on these varioua contingencies. The requi- 
sition must not rest on anything so uncertain at 
the meetings of Congress or the will of the Pre- 
sident. His opinion was^ that the person elected 
must be qualified to serre on the 4th day of 
Biaroh — the day on which he is liable to be 

It must now be obvious that this case comes 
within the letter of the Constitution; and he 
would not very readily assent to a doctrine which 
would support the idea that we should disregard 
a case which was plainly within the language of 
the rule, merely because we did not see the rea- 
sons of its introduction. We expound the rule, 
but cannot extend or restrict it. We bear the same 
relation to the Constitution which the Judiciary 
does 10 the statute. A judge cannot refuse to 
give effect to a law because he cannot discover, 
on if he discovers, does not approve the reasons 
of its enaction. But here the letter so strictly 
coaesponded with the intention of the Conven- 
tion, that he readily submitted his ooastruction to 
tJiia favorite test. 

It has been said in the report, without anj 
qualification, that there was no reason for his 
exDOsiiion; that, as the office must be resigned 
batore the seat was taken, no aiisehief could 
arise from permitting the individual to hold the 
office after hU eleetion, until the meeting of Con- 

Kess. So strong was his conviction of its fal- 
MFi that on it he would rest the question. 
From the language of the Constitution and 
the order of its arrangement, it is manifest that 
the Cramets had a general design of separating 
the powers of government. This general design 
was, however, violated in several excepted oases, 
1 5th Cojr. 1st Sjsss. — 46 

in some of which the powers of two dfpMt^ 
ments were vested in the same person, and iui 
others, those of one divided between two. Every^ 
rule, however, on this subiect, directs u& to give 
a construction which would promote the ^neral 
rule in preference to one which would extend 
the exception. It is probable that the idea held 
out in the report, that no mischief could flow 
from its construction, arises from the fact, thajt 
those who have examined the subject have a^* 
tended exclusively to the Representative; and 
when they have failed in discovering any hiai 
which could influence his legislative^cts after 
his office was laid aside, saw no reason for a dij^ 
ferent o[|inion. But if they will for a moment 
cast their thoughts towards the President^ aa 
whose will this office has been held sinca 
March, reflect on the inducement which might 
Influence him to retain the favor of this officefi 
who is a member of Coneress ; recolleot, f|rthar^ 
that this officer Is a memoer of the only trib^oai 
which can bring the President to punishmeai^ 
and you would see ample reason for his construon 
tion. Is there not a most powerful motive on tka 
President to refrain from dismissing that mpn 
from office who he knows will be an influantial 
member of the House of Representatives, thei 
only body which can ever bring him to a trial? 
Will a President dare to displace that officeir^ 
whatever be his negli^nce or infamy, who ia a 
few months will be in a seat, in which he oaA 
expose his misdeeds or move bis impeachioentt 
It was intended that the Chief Magistrate should, 
have the most perfect independence, not only ift 
appointing, but in retaining officers in the public 
service ; but here we defeat the object, by eipoa- 
iog him to the strongest temptation to retain a« 
incompetent officer. The Constitutional inde- 
pendence of the President is commuted for a oo^ 
rupt and illegal dependence on the creature of 
his own will. Reflect on the incongruous state 
of things which you produce, when an individuaJt 
is, in one character, the tenant of an office at thii 
will of the President, and in his other, his prose- 
cutor, if in this House, or his judge if in tha 
Senate. I will propound to you, Mr. ChatnnaAj 
said Mr. A., the simplest question, which wiH 
show the feelings and the oondunt of any oMMik: 
If you had an important auit now dependiag in 
the Supreme Court, and one of the Judges. held 
a profitable private agency at your disposal, diM^ 
you to displace him before that suit waa txiad'l 
And if you had firmness to dare, would ha haina 
virtue enough not to remember it? If yoa adapt: 
my construction, we shall neither expose you or 
the judge to such temptation. 

But the strongest view of this mischieveua 
construction arises from the fact, that if a person, 
can, after the 4th of March, hold his office aad 
discharge new duties every day, he may be ap- 
pointed to any new office, and still be eligible, if 
he resigns before the meeting of Congress. This 
consequence has not been aiKi cannot be denied* 
In principle there is no difference between holdf 
ing and discharging the duties of an officer afiar 
the election to whi^ the individual has beeapff* 

Digitized by 






Olio Omtetited Electum. 

Makoh, 1818. 

riemff appointed, and reeeiriDf a commission 
for any otner. and performing its duties. No one 
has been so disingenuous as to attempt to show 
any distinction. By appointing an applicant for 
office who is in the next Congress, the President 
gains a friend and an advocate ; by refusing, he 
makes an enemy ; and do you not belieye that 
be will alwajrs be preferred, who, in his appiica- 
lion, can make the offer of his favor, or menace 
tbe Brecutive with his enmity, before one whose 
favor and enmity would be alike disregarded? 
With the multitude of offices in the Executive 
hands, it %)av safely be asserted that a corrupt 
Pretioent could never be brought to punishment. 
It is idle io expect that his patronage can ever be 
ksaened in this countrjr- His powers are at this 
moment in a most rapid state of accumulation, 
the inevitable consequence of our increasing 
wealth, population, and prosperity. And if ever 
Toa ef pect to decrease these powers, you must 
iestrdy the commerce of the ocean, you must 
lay waste the lands of the West, you must col- 
lect your revenue without officers, and create 
offices without salaries. 

It may be said that the rewards which could 
be offered would be too small to operate as a 
bias^ inasmuch as the utmost would be the pos- 
aeision of an office for a few months. But this 
eansot be urged with effect, as it would only 
•how that the influence was not as great as 
might be in other cases; it is the existence, and 
not the degree of the influence which is regarded. 
Am office of the emoluments of one hundred 
dollars, and of the duration of nine months, fills 
(he language and the intention of the Constitu* 
tion as completely as one of the emoluments of a 
million, or the duration of a life. In many cases, 
however, the profits of offices in the Executive 
gift, even for that period, were, as he believed 
gentlemen would be willing^ to admit, of some 
consideration. The salary of a foreign minister 
for nine months is nearly (jpffiOO ; of the Secre- 
tarlet of the Departments, ot some of the collec- 
tors of the ports^ and manv other officers, nearly 
M,000; and of several nundred offices in the 
United Sutes from one to three thousand dollars. 
All this is shown in the Red Book now on your 
tabu. These are sums which gentlemen, unless 
llwy valued money much less than he did, would 
be ui willing to surrender. No man who has been 
Moently dismissed from oflke can come into this 
**> Booee without angry feeliuffs towards that offi- 
oer who dismissed him, and the President will 
always know this too well ever to produce them. 
The report now before us shows that a state 
of things may easily occur, in which a timid 
Ptetident would fear to exercise his power of 
dismissal. In these tranquil times, when the 
Chief Magistrate of the nation receives the al- 
most unanimous approbation of his countrymen, 
my apprehensions may not be realized ; but if 
ever political conflict should come again, and 

F titles be nearly equal in this House, would any 
resident, but the one most strong in virtue, 
dare to dismiss from lucrative appomtments as 
many as ten officers, who were soon to take 

ther seats as mjpmbers of Congress, and whom 
he therebv drew from the list of his mdherenu, 
and addea to his enemies? He would not, how- 
ever negligent or flagitious they might be. The 
observations which he had made applied with 
equal force to the Senate, as the seat of a Sena- 
tor similarly situated depends on the same sec- 
tion. But when it is remembered that in all cases 
of the impeachment of a civil officer one-third 
of that body can produce an acquittal, we can 
readily see a strong inducement in tbe President 
to refrain from any injurious treatment towards 
a member of the Senate. So long as he can by 
his virtues or his vices secure fourteen Senators, 
he is beyond the control of the people or the 
power of punishment. May not, tnen, cases 
occur, in woich the votes of one, two, or three 
men would be so important, as that they woald 
be permitted to retain their offices, or new ones 
be given them after their election, with the sole 
view of securing their votes? It cannot be ob- 
jected that it is unfair or unwise to argue from 
the supposition that a President is capable of cor- 
ruption ; the Constitution itself, which gives the 
power of* impeachments, and contains various 
guards against the corrupt passions of man, war- 
rants the idea. It would, indeed, be unpardon- 
ably puerile to act on the supposition, that the 
future officers of this Government would not 
have the same propensities and feelings which 
God had given to man since the creation of the 
world. If this argument only suited extreme 
cases he would at once surrender it $ we must act 
for man as he is formed; we cannot fashion htm 
by the standard of an angel. 

In this way, too, the Constitutional sanction 
of the Senate would be evaded, as the President, 
by appointing an individual to office, who he 
knows will resign at the meeting of Congress, 
thereby increases his patronage by the necessity 
of another appointment, and multiplies the cmses 
in which offices are held by individuals whoae 
qualifications have not been tested by the Senate. 

Other suggestions might be made on this sub* 
ject which would tend to warrant my view; 
but, althouffh considered singly, they would not, 
and probably ought not, to form the basis of an 
opinion, all conduce to the same end. In all 
cases of doubtful import, public sentiment and 
general practice cannot oe wholly disregarded ; 
he now referred to the laws of Congress, giring 
the privilege of franking letters, and an exemp- 
tion from militia duty, and the practice under 
them. It is believed that a universal sentiment 
has prevailed that they attached to the member 
before he took his seat; and it would not be haz- 
ardous to venture a conjecture, that the enjoy- 
ment of them, in all the present cases, had not 
been postponed until the oath was administered. 
If it should be urged that this practice had been 
tolerated in silence, without objection or discas- 
sion, and of courKe was not entitled to the weight 
of an authority; he replied, that this circum- 
sunce gave the highest evidence of the nnivemal 
opinion that it was right. There is no subject 
on which the people are so sensitive, none on 

Digitized by 





ILuroii, iai8. 

Okio OmtetM BleOion. 


Wbwk popular jetloiuy is so qcikk tad liyelv, as 
in relation to exeJasiye pririleges; and tbe least 
acttmpton the part of a person elected to enjoy 
aja exemption, before the laws ^ye it to him. 
woald hare e zeited immediate eommotion ana 

The President executes his authority very fre- 
qnentijr of eonyening Congress before the ordi- 
nary tune, and it Is not belieyed that any diffi- 
eolty has eyer occurred abont the address of his 
pfociamation to the " Senators and Representa- 
tive^'' although they have never yet taken the 
oath, or given any fonnal evidence of acoept- 
aoce. They have invariably obeyed the sum- 
mons as thev were bound to do, tmkm they re- 
mgnedf under no other construction could the 
proelanuition have any effect. If the Represen- 
tative would not resign, and the obligations of a 
member were not imposed upon him so far as to 
make it his duty to ooey the mandate, Congress 
eould not be convened. 

An opinion has been held by some, that the 
aitttatioa of these gentlemen, and that o^ a jadg^e 
who had received the appointment of the Presi- 
dent and Senate, but who had not yet taken the 
oath c0(cuK were similar ; and they contend that 
in neither was the appointment complete, nor 
eould the official name and character attach 
tliemselves to the individual, until be had ffiven 
tkis final evidence of acceptance and quaufica- 
tioo. But, said Mr. A., this proposition is sus- 
ceptible of answer, which he thought unanswer- 
aue. The present question depends solely on the 
Terbal construction of the several parts of the 
Constitution which relate to it ; and no argu- 
moot can be drawn from any cases of supposed 
wtUMiogY, unless the language relating to the ap- 
poimment be precisely similar. Whenever it 
wtt said that the person appointed did not be- 
come a judge until the oath of office was admin- 
iatered to him, with the view of drawing the 
same inference in relation to a Representative, 
he immediately demanded whether the language 
faveming the cases were alike? But the lan- 
guage is essentially different, and all argument 
drawn from that source fails. The case of a Re- 
Ufeaentative depended on different principles. 
The Constitotion had, he thought, sufficiently 
decia ted that the election of the people did con- 
stitute the individual a member or Congress. 
And it would be obeerved that in all parts of the 
Constitution the analogy between Representa- 
tires and other officers was broken. The Presi- 
•ident, "before he enters on the execution of his 
otfee,** must take the oath ; but ** Senators and 
Representatives shall be bound by oath or affir- 
nMtkxi to support this Constitution." Here the 
dffference of phraseology shows to us that the 
oath required of the Representative was only one 
aecurity provided against corrupiion, but was not 
considered as an act necessary to constitute the 
officer, or in any way necessary to give validity 
' to his votes or acts. This construction com- 
menced with the €U>vernment. It appears from 
the journals of the first Congress under the pre- 
sent Governmenty that the members did not uke 

the oath until several weeks had elapsed after the 
beginning or the session, and not until they 
themselves had passed a law prescribing the 
manner in which it should be administered. 

Mr. A. said that he believed that Congress was 
a continuing existing body. It is declared in the 
first line of the first section that '^ all legtslative 
powers herein granted shall be vested in a Con- 
gress of the United States ;'' and he thought that 
lodgment never had been, nor ever would be, 
divested or suspended, until there was an entire 
violation of the Constitution, and consequent 
dissolution of the Government; that there has 
been a valid grant and divestiture of power from 
the people, and that there must be an existing 
and permanent deposite to receive them. The 
fourth section maintains thu idea, and insures 
the continued existence of Congress; as, although 
the regulation of elections is in the first case siuh 
mitled to the Sute?, the power is reserved of a^ 
tering them at any time, whereby it is impotsihle 
that there can be any chasm in the Legislature. 
If the States should ever show a disinclination 
to pass the necessary laws for holding elections, 
Congress wotild immediately exercise its power. 
But even if he were incorrect in thit last opin- 
ion, it would not at all injure the main poin^ as 
he might be wholly wrong in this, and still, for 
the other reasons given, the report must be re* 

When Mr. Amderbom had concluded, Bir. 
Johnson, of Kentucky, in a short speech, sup- 
ported the right of the member to a seat 

Mr. FoRBTTH spoke at some length in opposi- 
tion to the report, and to the right of the member 
retaining hb seat. 

Mr. SPBNpia replied, and spoke also at coasid* 
erable length in support of the report, and the 
right of Mr. Hbbbiok to a seat. 

Air. F0B8TTH rejoined, and further supported 
his opinion. 

Mr. Tatlos, Chairman of the Committee of 
Elections, entered at large into the defence of the 
report, and of the riffht of the member to a seat. 

The Committee then rose, and obtained leav^ 
to sit again. 

Friday, March 20. 

Mr. Sbrobant, from the Committee of Wtys 
and Means, to whom was referred an inquiry iuto 
the expediency of allowing a drawback on refined ^ 
suffar exported, and a memorial of the distillers 
i^nd merchants of Boston, praying that drawbacks » 
ma]r be allowed ui>on the exportation of spirits 
distilled from foreign materuus, made a repKirt 
thereon, in favor of the expediency of allowing 
drawback on the articles mentioned. The report 
was ordered to lie on* the tiJ)le, and be printed. 

Mr. WiLLiAMB, of North Carolina, from the 
Committee of Claims, made a report on the pe- 
tition of Samson R. King, accompanied by a 
bill for his relief; which read twice, and com- 

Mr. R0BBRT8ON, of Louisiana, from the Com- 
mittee on the Public Lands, to which was refer" 

Digitized by 



HsnoBT or coicaBBBa 



Ohi9 C&iumui BiecU/mk 


rtd tte bm from the ScMte, entitled ''An net 
allowing additional salary and elerk hire to the 
snrrejor for tfae Ulinon and Miuoari Territo* 
Ties, and for other purposes," reported the same 
witnoat amendment and the bill was committed 
to a Committee of the Whole. 

Mr. RoBBETeoN also reported a bill from the 
Senate, entitled ''An act to vest, in trust, certain 
sections of land in the Legislature of the State of 
Ohio/' without amendment, and the bill was 
committed to a Committee of the Whole. 

Mr. RhbAj frem the Committee on Pensions 
aad Rerolutionarj Claims, made a report on the 
petition of John Delafield, whtcfa was read; 
when Mr. R. reported a bill for the relief of the 
said John Delafield, which was r(«d twice, and 
committed to a Committee of the Whole. 

Mr. Rbba also made a report on the petition of 
Samoei Bnrr,> which was read twice ; when Mr. 
R. reported a bill for the relief of the said Samuel 
Burr ; which was read twice, and committed to 
a Committee id the Whole. 

The resolution of the General Assembly of 
Maryland, resjieeting the establishment of a na- 
Tal depot within the said Slate, laid before this 
HoQse, on the 2dth ultimo, was referred to a 
aeleet committee \ and BAessrs. Smitb, of Mary- 
land, iBvnro, of New York, Mason, of Rhode 
lilaDd, BaasBTT, Maaoiv, of Massachusetts, Am • 
nuaoif, of PennsyWania, and Simkins, were 
apnoinud the committee. 

On motion of Mr. Spbiu>, tfae Committee on 
the Public Lands were directed to inquire into 
the expediency of proTidiog by law for the en- 
donement on each natent for military bounty 
land, the surveyor's description of the soil, tim- 
ber, dbc, of the lot conTeyed by soch patent. 

On motion of Mr. Spbncbr, 

Be$olved, That the Committee of Accounts be 
iattrocted to inquire into, and report to this 
House, the reason of the delay in laying on the 
tables of the members tlM President's A&ssage of 
the 144h of March, 1816, with the accompanying 

Mmohed^ That the ^ame committee be directed 
to inquire into, and report to this House, the rea- 
son why the Register x>f the officers of the United 
States^ has not been delivered to the members of 
this House. 

Mr. SaaoBAirr submitted the following mo- 

Mtfohed, That the President of the United States 
be and he is hereby requested to lay before thii House, 
if not inconsistent with the public interest, any com- 
nnnications made to the Department of Bute, relat- 
ing to tlto oeeapatiott of AmeKm Island, not heretofbrs 

Alter an unsuccessful motion to lay tfae reso- 
lution on tfae table, and a good deal of^discnssion 
on the propriety of making this additional call 
on the Sxecutire, the resolution was agreed to. 

On motion of Mr. AHBaneoN, of Kentucky, 
the Committee on Roads, Canals, and Semina- 
ries of Learnipff, were iostrocted to inquire into 
the propriety of authorixtog the Secretary of the 
Tfeasnry to subscribe, on-behalf of the United 

States, for five thousand sbane in the capiilif 
stock of the Kentucky Ohio Canal Company. 

The Spiaesr laid before the House a letter 
from the Secretary of the Treasury, transmittinf 
reports respecting tonnage and certain impofta 
and exports, made in obedience to the retolutiona 
moved by Mr. Pitkin, on the 89th of December 

A Message was received from the President of 
the United States, relative to our relations witk 
the (Government of the Netherlands, with a view 
to the revisai and modification of the commercial 
treaty existing between the two countries adapted* 
to their present circumstances.— Referred to the 
Committee of Ways and Meane. 


The House (having refused to take up the 
neutrality bill) again went into Committee of 
the Whole, on the report of the Committee of 
Elections respectio^ tbe right of Mr. HsRueKt 
a member from Ohio, to a seat in this House— 
Mr. AoAMs's motion to reverse the report^ and 
thus vacate the seat, being under considerauon. 

Mr. Tatlob concluded his remarks (which 
were interrupted by the adjournment yesterday) 
in favor of the report. 

Mr. HoPKiNSOii took the opposite side, and 
spoke near an hour against tne report of the 
Committee of Elections, and the right of the 
member to a seat. 

Mr. Balowin spoke at considerable length in 
confirmation of the right of Mr. Hsebiok to ha 

Mr. Adams briefly replied ; when the question 
was taken on reversing the report of the Com* 
mittee of Elections, and carried — ayes 67^ noes 

The Committee then rose, and reported their 
decision to the House. 

After a good deal of desultory conversation on 
various motions, touching the right of certain 
members to vote on tbe question, whose seata 
were supposed to be held under circumstaocea 
similar to that of Mr. Hbbbick, and therefore 
personally interested in tbe decision: and after 
refusing to excuse Messrs. Barbsb^ of Ohio, and 
HuBBABo, of New York, from voting, the cues** 
tion on concurring with the Committee ot the 
Whole in reversing the report of the Commiuee 
of Elections, wa» decided in the negative, by 
yeas and nays.. Those who voted for concurring' 
with the Committee of the Whole, and, of course, 
sgainst tbe right of the member to a Mat, were : 

Messrs. Abbott, Adams, Alien of Massashaisia^ 
Anderson of Keatocky, Anstin» Battr Basbear of 
Virginia, Bateman, Bayley, Beecher, BeUinger, Ben- 
nett, Burwell, Claiborae, Cook, Grawfiwd^ Gush* 
man, Darlington, Edwards^ Ervin of 8ont^ Caro- 
lina, Floyd, Pomev, Forsyth, Garnett, Hogg, Hobnee 
of Connecticut, Hopkinson, Huntington, Irving of 
New York, Johnson of Virginia, Little, Lowndes, Mo- 
Lane, Marr, Mason of Rhode Island, Middleton, Jere- 
miah Nelson, H. Nelson, Owen, Pawling, Peter, Pin- 
dall, Pleasants, Reed, Rhea, Rice, Richarda^ Robert- 
son of LomsiaBa, Ruggles, Bewyer, Sthuyler, 8er« 
geant, Seybert, BiMrwoed, 8imkin% Bleoumb, 8. 

Digitized by 



xasTo&T OF oamfomB. 


lUmcm, 1818. 

J^f f jMf c c di ^ ft 

J. 0. aailh, Spafld, 9le wt of 
Koith C^raUiM, Teirill» Totij, TokbUim, TvcUr of 
YilgiiiU, TMfctr of Soadi CuoliiM, Walktr of Km- 
tuckj, WendoTw, WMterio, WhitMide, WiUUmi of 
Connaelicat, Wfllknui of New Tork, WiUkimf of 
I^ortli Canriinft, and Wiboa of MaMachiuetti— 74. 

Those who TOted AgMst coneonrinf , nd io 
£iTor of the BMinber's Kctping his seal, were: 

MsHTS. AUsii of Vsraunt, Aadmon of FbusjIvs. 
n^Borfav of €Hmo» BosmII^ Bloomfisld, Blowif, 
BodtB, Bow, Batlor, Csmpbell, CUgstt, Cobb, Gooi- 
slosk Cnnfor, Culbisth, Bsslui, Esrle, SIKoott, Fol- 
fir, Osgo, HaJo, Hall of DeUwars, Harrison, Has- 
brouck, Heikimer, Hitdieock, Holmes of MaMachu- 
setts, Hubbard, Hnnte^ lobsson of Kentucky, Jones, 
Klnsey, KiiUaad, Lawyer, Lum, LiTennore, W. P. 
MadaT, McCej, Maichand, Mason of Massadiusetts, 
lienill. Moore, Morton, Mosel^, Momibrd, Murray, 
New, Ogle, Palmer, Patterson, Poindexter, Porter, 
Rich, Binfgold, Robertson of Kentucky, Samason, 
8airage, Scudder, Settle, Shaw, SUsbee, Sonlliard, 
SpenoCT, 8tioBg, Tallmadge, Tarr, Taylor, Townsend, 
OVIer, Upham, Walker of North Carolina, Wallace, 
WhifiBan, Wilkm, and Wilson of PennsyWania— r7. 

So the House refused to concur in the report 
of the Committee of the Whole : and then, after 
an unsneeessfol motion by Mr. Forstth, to re« 
commit the subject to the Committee of Elec- 
tions, with instructions to report the case of Mr. 
HcRBicK distinct from other cases now em- 
braced in the report; and a motion, also unsuc- 
cenful, by Mr. Allen, of Massachusetts, to post- 
pone the report indefinitely — 

The question was taken^ by yeas and nays, on 

Sreeiug with the Committee of Elections, that 
r. Hbbbiok is entiUed to a seat, and decided in 
the affirmatire — yeas 77, nays 70, as follows : 

Ymam — ^MessTi. Allen of Vermont, Anderson of 
•Fennsyhrania, Baldwin, Barber of Ohio, Bassett, 
BkMwaJleld, Blount, Boden, Boss, Butler, Csmpbell, 
Clagett, Cobb, Comslock, Crafts, Cruger, Culbrelh, 
IMbm, Earle, ElUcott, Folger, Gage, Hale, HaU of 
Delaware^ Harrison, Hasbrooek, Herkimer, Hitdiceek, 
Hokoes of Msssachasstts, Hubbard, Hunter, Johnson 
of Kealueky, Jones, Kaissy, Lawyer, Linn, Iiif<sr- 
aon, W. P. MacUy, McCoy, Mavehmid, MasoQ of 
Ma ssa chu se tt s , M s m l l , Moeso, Morton, M es el ey, Mnm^^ 
tod, M«nay,Ogle, Palmer, Parrott, Patteiaon, Poin- 
dexAer, Poitet, Rich, Ringgald, RobeitsoB of Ken- 
tadQr, Sampsefi, Savage, Scudder, Settle, Shaw, 
SUsbee, Southard, Spencer, Strong, Strothsr, Tall- 
aaadge, Tarr, Taylor, Townsend, Tyler, Upham, Wal- 
ker of North CaroMna, Wallaee, Whitman, Wilkin, 
•ad Wileoa of Penaeylvania. 

Nats— MesRS. Abbott, Adsms, Allen of Massaehu- 
aeita, Aadeiaon of Kentucky, Austin, Ball, Bnbour 
of Virginia, Bateman^ Bi^ley, Beecher, Bellinger, 
Bennett, Claibomsb Cook, Crawford, Cushman, Bar- 
Ungton, Edwards, Floyd, Forney, Forsyth, Gamett, 
Hogg, HoLnes of Connecticut, Uopkinson, Hunting* 
toaTu^^g of If tw York, Johnson of Yirginis, Little, 
Lowndes* McLsne, Marr, Mason of R^e Islsnd, 
J. Nelson, H. Nelson, Owen, Pawling, Peter, Phidall, 
Pleasants, Reed, Rhea, Rice, Richards, Robertson of 
Iieuislana, Rufi^ Ssoryer, Se^geaaft, Ssybert, Sher- 
wood, aiaifciiM, Sloeuaib, S. Smith, B. Smith, J. S. 
Smith, Speed, Stowart of North Caiaina, Tenill, 
Tem^, Tompkins, Tnclisf ef YirgiBia, Tucker of S< 


CaNOiaa, Walker of Kaslnohr, Weadover, Wiitnti, 
Whiteside, Williams of Conaeotient, WiUiams of N. 
York, Williams of North Carolina, and Witow of 

Satubdat, March 21. 

Mr. LowNDiB, from the Committee of Wtys 
and Means, to whom was referred the hill from 
the Senate, entitled '*An act to authortaea the 
Secretary of the Treasury to tepay. or ramit. 
certain alien duties theveio dasenbed,*' re a a t ie d 
the same without amaidmeAt, and the hill wai 
committed to a Committee of the Whohk 

On motion of Mr. SiMSiNa, iha CoBMUttaa on 
the Public Lands weie instructed to inquire into 
the expediency of establishing other laud offioas 
in the Territory of Alabama, than those akcady 
eatahtished.ana of appointiof other registers and 
reoeirers ot paUic moneys, in addition to thoae 
already appointed. 

On motion of Mr. Tatloa, a committoe was 
apDointad to inquire into the eipedieney of pro- 
viding by low for an earlier commencaoMnc af 
the next session of Congress than the slated pe- 
riod, with leaTe to feport by bill or^herwise; 
and Messrs. Tatlob, Poindbxtbbl PiTKm, Rob- 
BBT80N of Kentucky, Tdokbb of Virginia, Raba, 
and WBrrMAJf, were appointed the oommittae. 

Mr. BA08BTT laid before the Honse a letter 
from Daniel Carroll, of Duddington, addreised 
to him as Chairman of the Committee on that 
part of the President's Message, in relation to 
the selection of the site for the fixeeutive ofll- 
ees; whieh was read, and onkred to lie o* the 

The House resolved Itself into a CammiHeaof 
the Whole, on the report of the Committ#e of 
Elections, respecting the right of Blias fiarle^ a 
Repreeeatative from South Carolina, and Qayge 
Mumford, a Representattre froi|^ North CaroUaa, 
to seato in this House. 

The Committee of the Whole, withoBtddMtte, 
agreed to the report, and rose and reponed their 
i^eement to the House, and the House con- 
curred with the Committoe of the Whole in Ihair 
agreemeat lo the resolutions, that Mr. Saa&b 
and Mr. Momfobp are antitlad to their saan, la 
which they are of comse caofimed. 

The following bills saccessively passed thioagh 
Committees of the whole House, i 

etiUv ordered to be aagroiBed for a third raadiiig, 
to Wit : A hill from the Senate for the reliaf of 
William Edwards and John G. Stuhbs; a faili 
allowiag addittooal salary and okik hire to the 
surveyor of the Illinois and Missouri Tcrritoraas, 
aad for other purposes ; a bill to extend the pti v- 
ilege of franking to the vaccine agents of Siataa 
aad Territories $ a bill authoriiing John Taykr 
to be placed on the navy pension tuad. 

The House went into Committee of the 
Whole on the amendment reporud by the Com- 
mittee of Claims to the bill for the relief of John 
Bate. The Committee of the Whole oonenrrad 
in the amendment. 

A motion was then made by Mr. Claibobsb 

Digitized by 



HiBTOET or cosraRsss. 



NeitMd RdxUiMiM. 

Marcb, 1818. 

lo ««icDd the bin •• MenMI, by ttrikmg^ out' 
these words, to wit: <*Also, to tB«ke such reduc- 
tion in the rent, stipulated to be pcid by the said 
John Bate, as shall appear jast and eqnitabie, in 
consequence of any deterioration in the quality, 
or diminution in the quantit]^ of water in said 
saline, as may be proven to his satisfaction $ as 

Mr. Mark mo? ed that the bill lie on the table* 

The question was then uken on the amend* 
ment proposed bv Mr. Claibornb, and also neg- 
atived. The bill, as amended, was then ordered 
to be engrossed and read a third time. 

The amendments to the bill for the relief of 
Narcissus Broutin, were read, and concurred in 
by the House, and the bill was ordered to lie on 
the table. 

The bill confirming the claim of Tobias 
Rheams to a tract of land, granted to him by 
the Spanish Gtovernment : and the bill for the 
relief of Daniel Burnett^ Gibson Clark, and the 
lenl representatiTcs of Hubert Rowel, were 
ordered to be engrossed, and severally read a 
third time, on Monday neit. 

Mr. Smith, of Maryland, from the Committee 
of Ways ana Means, made a report on the neti- 
tioB of David Gklston, on behalf of himselr and 
Pfter A. Schencki which was read and ordered 
to lie on the table. 

Monday, March 23. 

The Spbakbr nresented a petition of the 
Legislative Council, and House of Representa- 
tives, of the Territory of Alabama, praying to be 
' inveated with power to incorporate companies in 
said Territory, for the purpose of constructing 
turnpike road^with exclusive prifileges and 
tight of toll.— Ileferred to the Committee ap- 
MBted on Roads, Canals, and Seminaries of 

The Spbaksr laid before the House a letter 
^m the Qovemor of the State of Penusylta- 
Bia, enclosing a return of the election of Thomas 
J. RoGBRB, n Representative from that State, in 
the pJace of John Ross, resigned ; which was re- 
ferred to the Committee of Elections. 

Mr. FoRtaTTH, from the Committee on For- 
eiga Relations, who was instructed to inquire 
into the expediency of establishing a Consulate 
at Mogadore, in the Empire of Morocco, male a 
>eport thereon ; which was read, and ordered to 
lie on the table. 

Mr. LownoBs, from the Committee of Ways 
and Means, to which were referred sundry peti- 
tions regarding duties paid to the United States, 
or claimed by them, on account of goods landed 
in the district of Castine, while it was in the 
possession of the British forces, and remaining 
there when its possession was restored to the 
Government of the United States $ made a re- 
port thereon, which was read and ordered to lie 
on the table. 

On motion of Mr. Littlb. the Secretary of 
^tate was requested to lay before this House the 

cauM of dctay in printing the registerof all offi- 
cers and agents, civil, military, and naval, in the 
service of the Unitea States, in confomttty with 
the several resolutions of Congress, iipproved 
April 29, 1816. 

On motion of Mr. Little, the Committee on 
the Post Office and Post Roads were Instructed 
to inquire into the expediency of extending the 

Srivilege of franking to the Secretary of the 
enate, and Clerk of the Home of Represesia- 

Mr. Taylor submitted the following resolu- 

lUsohed, 4-e.» That after the close of each session 
of Congress, ah alphabetical index of the acts and 
joint resolutions, passed at the preceding sesdon, shall 
be prepared, ptinted, and distributed therewith, under 
the direction of the Secretary for the Depaitment ol 

The resolution was read twice, and ordered to 
be engrossed, and read a third time to-morrow. 

Engrossed bills of the following titlea to wit: 
An act authorizing John Taylor to be placed on 
the list of navy pensioners ; an act for the relief 
of John Bate ; an act confirming the claim of 
Tobias Rheams to a tract of hind granted to him 
by the Spanish Government ; an act for the re- 
lief of Daniel Burnett, Gibson Clarke, and the 
legal representatives of Hubert Rowel; and an 
act to extend the privilege of franking, to vaccine 
agents of States and Territories ; were severally 
read the third time, and passed. 

An engrossed bilX entitled "An act confirming 
the claim of William Daniel, or his legal repre* 
sentatives, to a tract of land in the Mississippi 
Territory," was read the third time, and paased. 

The House took up the bill for the relief of Nar* 
cissus Broutin, and others, and the same beiiig 
further amended was ordered to be engrossed^ and 
read a third time, to-morrow. 

The House then went into a Committee t)f the 
Whole on the report of the Committee on Pen* 
sions and Revolutionary Claims unfavorable to 
the petition of Edmund firooke ; and after ngood 
deal of discussion, in which Mr. Baabour of 
Virginia earnestly opposed the report, it wna 
agreed to by the Committee of the Whole^ which 
then rose and reported their agreement to the 
House, which report was concurred in, and the 
prayer of the petitioner rejected. 


The House then proceeded to the considem* 
tion of the amendments reported by the Com* 
mittee of the Whole, to the bill in addition ta 
the act "to punish certain crimes against the 
United States," and to repeal the acts therein 

The amendments were successively agreed to, 
with the exception of the following, which wna 
reported by the Committee as a 14th section to 
the bill, to wit: 

** Sao. 14. And be itfiaihet tnatUd, That in po^ 
seeations either against persons or pr op « f ty ,safliag^ 
under the flag ot any eoloay, ifistrid, or people, which 
shall be admitted into the piMrts of the United ^ ' 

Digitized by 



buzost ot coNGBon. 




It iMH not W iiied a gromd fer the pBairiiw—ter 
oondemnatioo of loeh penon or pMfMrty, that the 
affwmmgatj of iiich eolony, diotnet, or poople, hM not 
been MknowJodged by the United Statei : Provided, 
TbAt the colony, district, or people, ifbreeaidy haye 
mn OTfuiaed existing GoTomment, claiming to be in- 
'depoidenty at the time of the commission of the fact 
of which the persons are charged." 

This amendment Mr. Lowkdss moTed to 
amend by striking out the words " which shall 
be admitted into the ports of the United States," 
and to insert, in lieu thereof^ ^* if sach flag shall 

* be directed to be admiued into the poru of the 

* United States by instructions from the Presi* 
' dent of the Unit^ States to the seven^ coUect- 

* ors of the customs, which instructions he is 
' hereby authorized to issue." 

This motion was negatived, after considerable 
<£iscassion; when 

Mr. Ti7CK£B moved to amend the section by 
striking out the words " which shall be admit- 
ted," and to insert, after *^ United States," the 
words " under the instructions of the President 
of the United States, to the several collectors of 
the customs." 

Mr. IjOwnoes then rose and moved that the 
bill and amendments be indefinitely postponed ; 
which motion was decided in the negative — 
yeas 72, nays 79, as follows : 

Yba»— Messrs. Abbott, Adams, Allen of Maaa- 
chnsetts. Alien of Vermont, Baldwin, Barbour of Vir- 
nnia, Bayley, Beecher, Bennett, Boss, Clagett, Cobb, 
Crafia, Cnshman, Darlington, Earle, Edwards, Ervin 
of South Carotina, Folger, Forsyth, Hall of Dela- 
ware, Hall of North Carolina, Hitchcock, Holmes 
of Connecticut, Hopldnson, Hubbard, Hunter, Hun- 
tington, Lowndes, McLane, W. P. Maday, Mason of 
Massachusetts, Mason of Rhode Island, Mercer, Mid- 
Aton, Morton, Moseley, Jeremiah Nelson, H. Nelson, 
Ogden, Panott, Pawling, Pindall, Pitkin, Poindexter, 
Reed, Rhea, Rke, Riduunds, Rnggles, Schuyler, Ser- 
geani S h erw o od, SOsbee, Simkins, Slocuml^ Samuel 
Smitfa, Alexander Smyth, J. 8. Smttii, Stewart of 
Nettii Carolina, Strong, Stiother, Stuart of Maryland, 
Taylor, Terry, Townsead, Westerlo, Whitman, Wil- 
yumm ef Connectlevt, Williams of New T<»k, Wil- 
lisaia of Kerth Caffolina» and Wilson of Massachu- 

Nats— Messrs. Anderson of PenasylTania, Ander- 
son eCKentncky, Ball, Barber of Ohio, Bassett, Bel- 
linger, Bioomfield, Blount, Bodei^ Burwell, Campbell, 
Claihoine, Comstoek, Cook, Croger, CuUneth, Desha, 
EUicott, Fleyd, Forney, Gage, Harrison, Hasbrouck, 
Hogg, Hofanes of Massachusetts, Irving of New York, 
Johnson of Yirginia* Johnson of Kentuckv, Jones, 
Kineey, Lawyer, Lbm, Little, McCoy, Marchand, 
Marr, Merrill, Moore, Mumfbrd, Murray, T. M. Nel- 
eon. New, Offiit, Owen, Pahner, Patterson, Peter, 
Pleaaants, Porter, Rich, Ringgold, Robertson of Ken- 
tndEy, Robertson of Louisiana, Sampson, Savage, 
Sawyer, Scudder, Settle, Seybert, Shaw, Bal. Smith, 
Southard, Speed, Spencer, Tallmadge, Tarr, Terrill, 
Tompkins, TrimUe, Tucker of Virginia, Tucker of 
Sooth Cardina, Tyler, Walker of North Carolina, 
Walker of Kentscky, Wallaoe, Wendover, White- 
side, Wilkin, and Wiison of Pennqrlvania. 

Mr. TucKBJt'a moti<>n to amend the section 
was than agreed to ; and 

On motion of Mr. Smitb, of Maryland, the fofc> 
lowing proviso was added to the section : ^ Pra- 
vided^ That nothing herein contained shall he 
construed to affect the rights of citizens of the 
United States, who may prosecute in the co«rts 
of the United States for property taken from them 
on the high seas ;" after which, the section, aa 
amended, was agreed to. 

Mr. TiTCKBR, of Virginia, moved to atrike out 
the 10th and 11th secuons of the bill, in the fol- 
lowing words : 

Sbc. 10. And be it further emaeted, That the own- 
ers or eoasignees of every armed whip or vessel aailiag 
out of the ports of the United States, befcmgingwiMMi 
or in part to the citiiens thereof shsJl enter into boad 
to the United States with sufficient suretiei^ pnar to 
clearing out the same, in double the amount of the 
Talue of the vessel and cargo on board, including Imt 
armament, that the said ^p or vessel shall not be 
employed by such owners to cruise or commit hostili- 
ties against the subjects, citizens, or propertv, of BUf 
foreign Prince or State, or of any colony^ mstrict, ar 
people, with whom the United States are at peace. 

Ssc. 11. And be it further enacted. That the col- 
lectors of the customs be, and they are hereby, req[iect- 
ively authorized and re<juired, to detain anv vessel 
manifestly built for warlike purposes, and about la 
depart the United States, of which the cargo ahall 
pnndpally consist of arms and munitions of war; 
when the number of men shipped on board or other 
circumstances shall render it probable that such vea- 
sel is intended to be employed by the owner or owners 
to cruise or to commit hostilities upon the subject% 
citizens, or property, of any foreign Prince or State, or 
of any colony, district, or people, with whom the Un^ 
ted States are at peace, until the decision of the Prea- 
ident be had thereon, or until the owner or owners 
shall give such bond and security as is required «f 
the owners of armed ships by the preceding section el 
this act. 

The question being divided, was itsi fakes mi 
striking out the tenth section, and d^idad in the 
negative — yeas 44, nays 95, as follows: 

Tbas— Messrs. Anderson of Penniylvania, Ander- 
son of Kentucky, BeHinger, Camj^l, Claiborne, Corn- 
stock, Cruger, Culbreth, I>esha,£arle, Floyd, Folger, 
Forney, Oage, Harrison, Herkfaner, Johnson of Vir- 
ginia, Johnson of Kentucky, Kinsey, Little, Marchand, 
Marr, Mumfbrd, H. Nelson, T. M. Nelson, New, Ogle, 
Owen, PatterMm, Poindeiter, Porter, Queries, Robert- 
sen of Louisiana, Sawyer, Settle, Shaw, Spenoer, 
Tarr, Trimble, Tucker of Virginia, Tyler, Walker of 
Kentucky, Wallace, and Whiteside. 

Nats — ^Messrs. Abbott, Adams, Allen of Massachu- 
setts, Allen of Vermont, Baldwin, Ball, Barbour of 
Virainia, Bassett, Bavley, Beecher, Bennett, Blooai- 
field, Boden, Boss, Burwell, Butler, Clagett, Cobb, 
Crafts, Cnshman, Darlington, Edwards, Elhcott, For- 

Sth, Hale, Hall of Delaware, Hail of North Carottna» 
asbrouck, Hogg, Holmes of Connecticut, Hopkinson, . 
Hunter, Huntington, Irving of New Vork, &irtland« 
Lawyer, Linn, Livermore, Lowndes, McLane, W. P. 
MacUy, Mason of Massachusetts, Mason of Rhode 
Island, Mercer, Middleton, Moore, Moeeley, Murray, 
Jeremiah Nelson, Ogden, Palmer, Parrott, Pawling, 
Peter, Pfaidall, Pitkin, Pleasants, Reed, Rhes, Rice, 
Ridi, Richards, Ringgold, Robertson of Kentucky, 
Rngglee, Sampson, Behuyler, Scudder, Seri^Mnt, Sey- 

Digitized by 



SHKCOBX ot coxeins. 



b0tt» 8l9eiuin>, a SmMi, IhXivi Sitiitfi, Akxttlder 
0mtth, Speea, Stewsrt of North Cmroltea, Stnmg, 
0MlMr, dtaart of Mtiytod, Taylor, TorriU, Twrj, 
Tompkiiu, TowilMiid» Upham, Walker of North Omo- 
IbM, Wondo^er, Woitorlo, Whitaan, Wflttam of 
^onaootkut, WiltiaiM of New York, Wiliame of 
North Cwoliiia, Wflkin, Wilson of Ifoiaahoeette, 
end Wilfon of PenniyWenia. 

The qoestioii was then taken on scrikini^ oat 
4k% Ittb sention; and also detetmioed in the 

Tilt q»ettian was then taken, Shall the said 
Ml he ei^Tesscd ftsd rend a third tiiae? and 
oMfead in Che aftniiaiii'e^y^s 95, Mf9 51, ns 

YvM^Mesifn. Ahbdtt, Anderson of Penn^Wanim, 
AndMson of Kentucky, Ball, Barbour of Virginia, 
Barber of Ohio, Bassett^ Beecher, Bellinger, Bloom- 
Veld, Boden, Borwdl, Campbell, Claiborne, Cook, 
tMIs, Cntger, CuRnreth, Desha, Bdwaids, EUieott, 
Plojd, Forney, Forsyth, Hale, Hall of North Carolina, 
Harrison, Hasbroutk, Herkimer, Hitcheock, Hogg, 
Holmes of Massachosetts, Hnhbard, Irving of New 
York, Johnson of Virginia, Jones, Kinsey, Kbthmd, 
Lawyer, linn^ Little, Livermore. McCoy, Marchand, 
Warr, Merrill, Mpoie, Mnmlbrd, Morray, H. Nelson, 
T. M. Nelson, New, Ogle, Owen, Pakner, Parrott, Pat- 
toson. Peter, Pleasanto, Foindexter, Porter, Qaailes, 
'Bfofa, Ringgold, Hobertson of Kentucky, Robertson of 
LonisiBtaa, Sampson, 8awyer,Bcudder, Settle, Seybert, 
*8haw, Sihdwe, H. Smith, Ballard Smith, Speed, Spen- 
cer, fitrother, TBllmadge,Tarr, Taylor, Terrill, Tomp- 
4dtts, Townsend, Trimble, Tucker of Virginia, Tnoker 
«»f South Carolina, Tyler, Walker of North Carolina, 
Wdker of Kentucky, Wallace, Wendover, Whiteside, 
WiHdn, and Wilson of PennsyWania. 

N'Ats^— Messrs. Adams, Allen of Massachusetts, 
'Alkn of Vermont, Baldwin, Bayley, Bennett, Boss, 
^higett, Cobb, Coshman, Darlington, Earle, Folger, 
Gage, Hall of Delaware, Holmes of Connecticut, Hop- 
Unmi, Hanter, Huntington, Lowndes, McLane, W. 
P. Maoh^, Mason of Mawachnsetts, Mason of Rhode 
Idand, Mereer,MtddIeton9 Moeeley, Jeremiah Nelson, 
Ogd^d, Pawling, Pindall, Pitkin, Reed, Bhea, Rice, 
lEtmatds, Ruggles, Schuyler, Ssotgeant, Slooianb, Al- 
exander Smyth, Stewart of North Carolina, Strong, 
Stuart of Maryland, Terry, Westerlo, Whitman, Wil- 
liams of Connecticut, Williams of New Y<«k, Wil- 
tUlhs of North Carolina^ and Wilson of Massachusetts. 
*f he bill was then ordered to be read a third 
ume, on Wednesday neit. 

TuEBDAT, Mareb 34. 

Another member, to wit : from Pennsylvania, 
T«MIA8 J. RooBBB, elected tosupply the Taeancy 
oa tfigioDs d by the resignation or John Ross, ap- 
•pttred, prodaced his credentials, was qualified, 
•aiid took his seat. 

The Spbakbb presented a petition of John 
'AndersoD, praying that the bills whicb have been 
reported at this session for his relief, may be taken 
Vp and finally disposed of, with as little ^elay as 
possible.^Laid on the table. 

Mr. Little, from the Committee of Accounts, 
who were instructed by resolution to inquire into 
the causes of delay, in laying on the tables of the 

of tbia iioow,the'ifeaaage*of thb^e* 

eMetn of the United Sates, of the 144h inefrnK, 
iNTith its aecovttpanyfnff doedttente. mradea report 
thereon, whieh was read and ordered to lie oft 
the table. ^^ ^ 

Mr.^iLLiAHS, iVom the Commtttee of Cdatms^ 
made a report on the petition of Adam Kinsey 
and Thomas French, which was read; When. 
Mr. W. reported a bill for the relief of the said 
Adam Kinsey and Thomas French, whieh was 
read twice, and committed to a Committee of 
the Whole. 

Mr. Hugh Nilson, from the Committee on 
the Judiciary, reported a bill concerning the Ter- 
ritory of Alabama, which was read twice, and 
ordered to be engrossed and read a third time, on 
Saturday next. 

Mr. Plbasantb, from the Committee on Naral 
Affairs, made a report on the petition of Jaritts 
Loorois, and James Bassctt, sailing-masters in 
the Navy of the United States, and commanding 
gun vessels, Nos. 149 and 154, which was read ; 
when, Mr. P. reported a bill authorizing the pay- 
ment of a sum of money to the officers and crews 
of gunboats Nos. 149 and 154« which was read 
twice, and committed to a Committee of the 

Mr. Plsabants also reported a bill concerning 
the heirs and legatees of Thomas Turner, deceased, 
"whieh was read twice, aad commtfced ttna Ck>m- 
mitteeof the Whole. 

Mr. Taylor, from the select committee «p- 
pohited on the subject, reported a bill fixing ttxe 
time for the next meeting of Congiess. which 
was read twice, and the further consideration 
thereof postponed until Tuesday, the 31st insmnt 
The DPSAKBR laid before the House, a report 
of the Secretary of the Navy, on the petitions of 
Samuel Cheney and Robert Ramsey^ which •wan 
read and ordered to lie on the table* 

The Speaker also laid befnre the Hoiise,*a let- 
ter from Richard Bland Lee, Commissioner of 
Claims, transmitting leports of the laeUio fifty- 
six cases, all from Ibe State of New Tock, with 
the' evidence accompanying eaeh,iali^ imdera 
seeoad eoiwnissioo, atteniM byaepeciai •mmi 
on the part of the United States.— Referred to 
the Committae of Ckims. 

A aiessagefrom the Senete inforaied 4he Hdoee 
ttiat the Senate have passed bills of fhe^lowhyg 
titles, to wil : An aet atirhorivtug R subscrrptioft 
fbr (he ^eleventh volnme of Srate Papers; and 
an act regulating the pay and emoluments xif 
brevet officers ; in which bills they ask the con- 
currence of this House. 

The said bills w^re respectively, read the first 
On motion of of Mr. Scott. 
Besolvedy That the Committee on the Public 
Lands be instructed to inquire into the ej^pedi- 
ency of granting or securing to the town of filt. 
Louis, in the Missouri Territory, as a oomroon, 
all the sand bar or battnr e^ formed by the reaession 
of the Mississippi rtrer, between the said tomi 
and low waler noark; and to prohibit the loca- 
tion of any floating claim in the said Terrtiorjr, 

Digitized by 






Bemi$9um t>f MhUm-^fhtumal flag. 


tlifrreatt^ #r if mt looatiott MioqM h«re i>e«ii 
•ttM^ut« pfohiUt by law ibe issaisi^ ef « patent 

JiiMlvfil, ate, That th« Committee on the 
Pvblic Lawis be inatrueted to iaqaire ioto the 
^mptim^ej of prohibftittg by law the location of 
«iiy Aaatinitelaim.oii any laadaia the Territory of 
Mumomi, ike right of pre-emption to whieh land 
Imo been seeaved to any settler, by the aet of the 
litehof April, 1814, or rf any sneh location should 
haTe bMQ nMi^, to prohibit hj law. the israiog a 
patent therefor. 

M$tahed, oIm, That the Committee on the 
'PftbUe Lands be loetmeted to inquire into the 
•MpedimMy of prohibiting by law the location of 

««^ filed with either of the Boards of Commisston- 
vra in said Territorr, or with the recorder of fond 
titles aeting as snob under any krw of Congress, 
for the adjustment of land titles in said Territory, 
w/ifmnr sach loeatlon should bare been made, 
m prohibit by law the issuing of patents therefor. 

M m ol w od ^ aho, That the Committee on the 
Pttblic Lairas be instrneted to inquire into the 
«ipedieney of prohibiting by law the location of 
toy floating claim in the Territory of Missouri, 
mi any town lot, Tillage lot, out lot, common 
Ifialdiot, or eommon, io, adjoining, or appertain* 
ing A any of the towns or Tillages in the Terri- 
tory of Misaouri, or if any such locatiotf shall 
hava baiiii made to prohdMt by fow theissuing 
•f patMis therefor. 

An eMrosaed bill, ei>titled '^An act for the re- 
lief of Narcissus Broutio, and others,'' was read 
the third tiane. and passed. 

Ae engrossed resolution " directing the Secre- 
tary for the Department of State to prepare an 
index to the aots end resolutions of Congress, 
efter tiie eloee of every seialon,'' was read the 
thhrd time, eed paesed. 

Mr« lUhAmMf from the Committee of Cem- 
laeiee end MenelietefeB, made e report on the 
paiitien of CHtTer H. Hieks. and Lockwood de 
Fofeat, which was read, and the resolution therein 
^entewed waa eoncnmd in by the Hoese^ Ti» 
rtisns follows: ^ 

Th»ps tiH Mis re itotB,ihat on the 8dief Ime, 1816, 
tbay iaipsslMl imo the dietnetef New Yeik, in^hc 

BfiM^frsm Bariiice, thii1gF<«tBs tisrcsssaid 
ene hsnal of cqCm ; thstt imf iiiJalsiji epun landing 
jl, the wharf bdi« crowded, itwes lemofed wla the 
etoieef the pstitionsis; that, some tine itftenraMb, 
thsT sold it by samples taken Aom a number of the 
ceA8» and on the 8th August following commensad 
delireriiKg it to the poichasar. It was then discorered 
that eifhteen of the casks were damaged, and, upon 
sn spiittcmtion to the ci^lector ior an apiursisefflent,aBd 
dfldoction of the duties, he had no power to act, the 
tfane allowed by law haTing expired. The petitioners 
thenhad it examined br the wardens of the port, and 
vppraised by km merehants, and they pray Uongress 
to pMs an act autherixittg a deduction of the duties in 
f Am damage. 

The aet of OoagrcMi aulhoriifog a deduction eCdU- 
lAmon damaged goods provides dmt nasndi aDowanee 
for the dasMge on goods that have been eatefed,end 
on which the duties haTe been paid or secured, and 
for whmh permit has been granted, and wfaieh en an 
examination prove to be damaged, shall be made,^nn- 
less proof to ascertain such damage shall be lodged in 

the customphoQse within ten dsys after landing sttA 

In this case the coflee had been entered, the detms 
secnred, permit granted, and the merchandise actual^ 
in the possession of the owi^ers, and under their eh- 
servation, two months before any damage was alleged ; 
and the case Is therefore, withm both the letter and 
spirit of the law. 

Although it may be proper for Congress to grant 
relief in cases coming within the letter of the Utw, 
though not witfiin its spirit, it would be a dangerous 
pvecedent to rellete in a case coming deariy within 
the miKhief designed to be guarded agabut, and that 
too by the aet of the owner. 

The aet of Congreai is intended to guard ag^nst 
all the means of fraud, and has allowed the owner ten 
days for the discovery of tiie damage, ptesmmiig it 
necessary for the saiety of the xevenue thatalenger 
time should not be afiMded. 

In this case, the owners took the merchandise frim 
the wharf at their owe risk ; if they neglected to ex- 
amine it sooner, it is their own fault, and there is no 
reason shown to the committee why a greater indul- 
gence should be given than is allowed in ordinary 

It does, however, appear that this coflee did not al- 
together escape the observation of the petitioners; 
they actually sold it by samples ; and though it so 
happened that the samples were all taken from the 
sound casks, it is not an accident for which the Gov- 
emment should be liable. The committee, therefore, 
^eeommend tiie foOMring resolution : 

JSasofoed, That te prayer of the petitloneia ought 
not to be granted. 


The House then resolred itself ioto a Com- 
mittee of the Whole on the Mil to alter tbe flag 
of tbe United 8utes FproTtding that from and 
after the fourth ^ay of July next, the fla^ of the 
United States be thirteen horizontal stripes, al- 
ternate red and white ; that the Union be twenty 
stars, white in a blue field ; and that, on the ad- 
mission of erery new State into the Union, one 
star be added to tbe Union of tbe flbg. and thet 
such addition shall take effect on the rourth dey 
of July then next succeeding such admission.] 

Mr. Wbn DOTen t'ose. In complyingwitb a duty 
incumbent on me, said Mr. W., as resulting from 
a proposition I bad the honor to submit to the 
House, for altering in part tbe flag of tbe United 
States, I feel no disposition to consume much 
of the time of the Committee, or to indolffc in 
the many obserrations which the nature of the 
subject might appear to justify. Bet I ask the 
patience of the Committee while I state a few 
of the considerations which present themselves 
in favor of the bill now on your teble. 

Sir, tbe importance attacbed to a national flag, 
both in its literal and figurative use, is so univer- 
sal, and of such ancient origin, that we seldom 

Digitized by 






National Flag. 

March, 1818. 

inquire into the meaning of their various figures, 
as adopted by other nations, and are in some dan- 
ger of forgetting the symbolical application of 
those composing that of our own. 

Were we now about to devise suitable emblems 
for a national flag, I doubt not we should see 
much diversity of sentiment, and perhaps some 
efforts for local gratification ; but I presume we 
should unite in some general and appropriate 
figures, referring not to sectional but national 
objects. But on this subject we need not differ. 
Suitable symbols were devised by those who laid 
the foundation of the Republic ; and I hope their 
children will ever feel themselves in honor pre- 
cluded from changing these, except so far as ne- 
cessity mav dictate, and with a direct view of 
expressing by them their original design. 

Mr. Chairman, I am not particularly inform- 
ed as to the origin of our flag; but have repeat- 
edly heard it was first used by a citizen of Phi- 
ladelphia, on his own vessel, and afterwards 
adopted by the Congress of the Revolution, as 
appropriate to and emblematical of these confed- 
erated States, contending for the rights of man. 
and the rich boon of an independent Government. 
At its adoption our flag was founded on a repre- 
sentative principle, and in the arrangement oi its 
parts made applicable to the number of the States 
then united against the common foe. 

The same representative principle was retain- 
ed and applied when the flag was altered ; but 
experience having shown that a similar extension 
of numbers throughout, the flag would now be 
improper and inconvenient. It is worthy the at- 
tention of the National Legislature again to con- 
sider the subject, and see if it be practicable to 
retain in it the object contemplated by its found- 
era, as pointing to the component parts of the 
nation, without losing sight of the original for- 
mation of this Crovernment as a free republic. 

Sir, the flag of the United States having un< 
dergone some change, and in its present state be- 
ing altogether inappropriate, we are called upon 
to determine whether a further change be not ad- 
visable, and, if it be, what alteration will be most 
proper, and best to apply to the present and rela- 
iive state of the nation, consistent with the rep- 
resentative character oif the flag. If you do not 
alter it, you do injustice to the States admitted 
into the Union since the former alteration ; and 
if you alter in the way as before, you will destroy 
the conspicuity of your flag, and render it too 
indistinct to be known at a distance, and increase 
the inconvenience already experienced. 

At the present day, and particularly since the 
commencement of the late war, there are few 
vessels, however small, if they carry a mast, but 
4re furnished with a flag of some description; 
and it is well known to gentlemen living on the 
seaboard, and others, that it is impracticable for 
small vesseb to conform even to the present law ; 
and the law iuelf does not correspond with the 
existing or original facts. 

The flag of the United States was altered by 
law, from thirteen to fifteen stripes and stars, on 
the first of May, 1795, to appljr to the admission 

of Vermont and Kentucky into the Union. On 
the first of June, 1796, Tennessee was admitted. 
Thus the alteration was applicable to the fact on 
which it was predicated, tor the short space of 
one year and one month. On the 19th of Febru- 
ary, 1803, Ohio was admitted, Louisiana on the 
30th of April, 1812. Indiana was admitted at 
the last session of Congress, and Mississippi at 
the present session, and you now have on your 
table a bill for the admission of another State. 
Calculatinj; on such a result caused many to re- 
gret the former alteration ; and no doubt the 
same reason operated in the House of Represent- 
atives when the bill passed, and will account for 
the small majority of eight by which it succeeded. 

[ presume none will now advocate the proprie- 
ty of continuing the fifteen stripes as at present; 
that number was founded on a mere contingency. 
which has since repeatedly happened, and will 
frequently occur ; whereas the number proposed 
by the bill refers to our national origin, and is 
equally interesting to all. 

Sir, it cannot be deemed proper to go on and 
increase the stripes in your flag. There are now 
twenty States ; what number they will ultioMte- 
ly extend to none can conjecture. For my own 
part, I doubt not there will in time be accessions 
from the East, from the North, from the West, 
and from the South. Sir, I am not now speaking 
of conquest. I am willing every people shonU 
" manage their own afiairs in their own way*" 
But I can no more believe that any portion of the 
earth will remain in perpetual thraldom, and be 
forever tributary to a foreign Power, than I caa 
subscribe to the doctrine of a ceaseless snccession 
of legitimate kings. 

Sir, it cannot be deemed desirable, under the 
existing state of things, in relation to the stripes 
and stars in the flag, to retain it in its present 
situation; it is not only inapplicable, but botk 
parts refer to the same thing, and the one is a 
duplicate of the other ; but the alteration pro- 
posed will direct the view to two striking facts 
in our national history, and teach the world airim- 
portant reality, that republican govemment is 
not only practicable, but that it is also proffretsive. 

Is it desirable to produce greater unitormity? 
Most undoubtedly it is. In the navy the law is 
generally conformed to, but it is well known tlMC 
uniformity does not elsewhere exist. If eridMce 
were wanting, among other and numeroas in- 
stances, I would refer you to the flag at this ibo- 
ment waving over the heads of the Reppsseata^ 
tives of the nation, and two others in sfffht, eqaal- 
ly the flags of the Grovernment: white the law 
directs that the flag shall contain fifteen, that ott 
the Hall of Oonfipress, whence laws emanate, has 
but thirteen, and those at the Navy Yard and 
Marine Barracks have each at least eighteen 
stripes. Nor can I omit to mention the flag un- 
der which the last Congress sat during its first 
session, which, from some cause or other un- 
known to me, had but nine stripes. But eveo 
that flag, with all its defects, was entitled to 
much honor^or it was not only striped, bat, to 
use another British cant, it was ^^Ra^gad maU^ 

Digitized by 





Makob, 1816. 

l^kakmtd flag. 

H. OP R. 

fR^^ and wts the Unt fktg boiftod oa tlie Hall 
of CoBgress, tfter the proverbial "Bulwark of 
MeHgumP had here, in this citv, shown its anxious 
solicitude to promote the useral arts. 

Sir, I consider the plan proposed as in anison 
with the original design ; it points to the States 
as thejr commenced and as they now are, and 
will, with an inconsiderable addition, direct the 
xniod to a future state of things. The necessary 
alteration, either now or hereafter, can be made 
by almost any person, at an^r place and at any 
tiaej and the proposition, if adopted, will in 
future save the expense of legislating on the 

The committee who reported this bill deemed 
it advisable to direct that the stripes be horizon- 
tal s this is now the form in use ; but it results 
from example, and not from the act, and would 
be eqoalljr conformable to law, if the stripes were 
arranged in a perpendicular direction. There is, 
iDdeed, one exception in practice. Under the 
laws lor the collection of impost and tonnage. 
the Executive has dii^ected that the cutters^ ana 
boats employed in this service shall carrjr ensigns 
and peanants, with perpendicular stripes, and 
other marks of distinction ; but this being alter- 
able at the pleasure of the President, forms no 
objection to the proposition in the bill ; and it is 
obviouslv proper to deflne the form in this parti- 
cular, when it is considered that in this only has 
been the distinction between the flags of two dif- 
ferent nations, and was recently the case as re- 
garded those of France and Holland. 

As to the particular disposition of the stars 
in the union of the flag, the committee were of 
opinion that might be left at the discretion of 
persons more immediately concerned i either to 
arrang:e them in the form of one great luminary, 
or in the words of the original resolution of 1777, 
^ repretenting a new constellatioa." 

Mr. ClMirman, in viewing this sntajeet. there 
appears to be a happy coincidence of circum- 
tttaees, in having adopted the symbols in rour 
flttfi and a peculiar fitness of things, in making 
the proposed alteration. In that part designed at 
a distance to characterize your country, and 
-which ought, for the information of other na- 
tions, to appear conspicuous and remain perma- 
nenty vou present the number of the stars that 
bi^rst the bands of oppression, and achieved vour 
independence ; while in the part intended for a 
nearer, or home view, jovl see a representation of 
your happy Union as it now exists, and space 
saffieient to embrace the symbols of those who 
majr hereafter join under your banners. 

Bir^ could 1 be so fimrtunate as to eseape the 
chaige of aisuddng ftney for faet, and be per- 
mitted, on this figmrative subject, to draw a par- 
allel, I should attempt to show that, in anot^r 
|iDint of view there is a propriety and an aptness 
in haYing adopted and in now restoring the thir- 
teen stripes. Sir, you have recently been at war 
with a powerful nation ; that war, from its de- 
claration to its final termination, continued pre- 
cisely three years. In that war, though your 
arms were generally victorious, yet in a more 

signal manner, in the first year, you beat the e^ 
emy on the ocean ; in the second year, on the 
lakes ; and in the third year, on the land. Thai, 
then, by tripiieatton, indicated by the time ihiF$e 
peon, or by the fact of conquest over the thfte 
descriptions of force arrayed against you, and 
viewing your flag as of right composed of thir- 
teen stripes, you have but executed the authority 
vested in the Israelites of old in cases of eontid- 
versy, and beaten the enemy with forty ^^ripeg, 
wave one. 

Sir, the proposition before you is predicated 
on the ftct already stated, that your flag has been 
altered. Were it no#ko, I presume it would not 
now be chan^ ; it is at present inapplicable to 
original or existing facts; let it now oe made to 
refer to both. Where is the American who feeb 
not a becoming pride and mtitode in retraspeei- 
ing to the days of the Revolution; when the 
blood of our mthers profusely flowed, to procure 
for us a rich inheritance? In their memory, and 
to their honor, let us restore substantklly the flag 
under which they conquered, and at the same 
time engraft into its figure the after-fruits of their 
toil. / 

Mr. Chairman, I hope this bill will pass, and 
wish it to pass with much unanimity ; not only 
because I belike it will meet the public appro- 
bation, and be best calculated to give sufficient 
permanency to the form of your fli^, but because 
there yet remains a few, and, indeed, but few, 
who first nerved their arm to raise this banner 
of freedom, and nobly defended it, through ca»- 
nage and blood, to victory and to peace. With 
horary locks and totterinc^ frame they have been 
preserved to see it acquire a renown which I trust 
will never fade; and have lived to witness in 
their sons that heroic spirit, which assures them 
that their privations and their arduous struggle 
in defence of liberty have not been in vain. 

Sir, I believe it is now the time to legislate on 
this subject ; your flag now stands pre-eminentty 
high in the estimation of other nations, and it U 
jcntly the pride of your own. And altnoi^, for 
a moment, your flag was veiled at Detroit, and 
left to droop at Castine; and although (if I may 
so express it) it was made to weep at Washkafl- 
ton. it has not lost ito lustre— it remains uneiu- 
liecl. No disgrace has attached to your ''star- 
spangled banner.'' It has been the signal of vic- 
tory on the land, of successful valor on the Meet, 
and waved triumphantly on the oeean. And 
even on thoee who predicted that in '* nine montba 
the striped bunting would be swept from the 
ocean," it possessed the wonderful charm, that 
before the nme months had elapsed, ^fir^buik 
frigates" and " Yankee cock*boats" were magni- 
fied ittto^^ships-olkhe-line;" and His Mi^ty's 
faUhfid officers, careful for the preservauon of 
BriXuh Oak, sought protection for their frigates 
uader the convoy of seventy-foor«gttn ships. 

Sir, this subject has for some time been before 
the public ; it has been examined and approved 
by many gentlemen of rank and experience in 
the Navy and Army of the United Smtes; it 
meets the approbation of the gentlemen at tin 

Digitized by 






Spanish American Provinees. 

March, 1818. 

head of these departments ; and, as far as I am 
informed, that of the public generally; and I 
presume none will doabt the propriety of endea- 
Torlog to produce greater uniformity in the use 
of the flag, as well as to give it a more significant 
application than it now has. 

But, sir, whatever be the fate of this bill, I 
hope the time is not distant when you will elve 
to your fla^ its deserved honor, as the guardian 
of your citizens; when your hardy seamen shall 
no longer be doomed to the degradation to ask 
for, nor you to sive them, paper protections; but, 
when they shall point aloft to the flag of their 
country, and say, '^ This il the protection of free- 
men; under this we desire peacefully to traverse 
the ocean and sail to every clime. But perish the 
arm that shall attempt to seize upon our persons ; 
and wo to the nation that shall dare to infringe 
our country's rights !" And whenever called to 
the contest by the voice of their country, may 
they rally round the " star-spangled banner,*' and 
emphatically exclaim — 

" High-waving, unsullied, unstruck, proudly showeth, 
What each friend, and each foe, and each neutral 

well knoweth ; 
That her path la etherial, hiffh she aspires, 
Her stripes aloft streaming, like boreal fires." 
Joined with Stars, "They astoniah, dismay, or de- 

As the foe, or the friend, may encoanter the sight." 

Mr. Chairman, I shall add no more. The sub- 
ject is plain and well understood : and though 
not of a character to be classed with those of the 
highest national importance, is still proper to be 
acted on. and worthy the attention of the Repre- 
aentatives of a people whose flag will never be 
insulted for want of protectors, and which^ I hope 
and believe, will never be struck to an inferior 
or equal force. 

Mr. PoiNDEXTBR movcd to amend the bill by 
reduoiag the number of stars to seven, the num- 
ber of States added to the Union since the decla- 
-ratioii of Independence, leaving the number of 
•alripee as the bill proposed; so that the stars 
might repreaent the number of new States, and 
tbe.atdpes answer to the number of the original 
thirteen States; which motion Mr. P. advocated 
bf several arguments. 

Mr. StfiTB, of Maryland, made a few remarks 
IB opposition to this motion ; to whom 

Mr. RoBfiRTSON, of Louisiana, replied, and 
aapported the moiion of Mr. Pom dbxtbr against 
tJbe proposition cootained in the bill. 

Mr. PouiDBXTBR'a motion was lost without a 
division, and the Committee rose and reported 
the bili to the House without amendment. 

Mr. P. then renewed his motion without sue- 
eeas; wImb 

Mr« FouiBB moved to strike out theaeeood 
section of the bill) providing for the additioBal 
aU0 for arery new State, and to amend the first 
aedion by fixing the aambar of sursBt thirteen 
instead of twenty. 

Tliit motioB Itbs negaiif ed^ aad the bill was , 
ofdeeed to be oAgroseed for a third leading. \ 


The House went into Committee of the Whole 
on the appropriiation bill; the clause appropri- 
ating thirty thousand dollars for compensation 
to the Commissioners, sent to South America bj 
the Executive in December last, under coBsi^ 

Mr. Clay wished to know if this appropriatioA 
was to defray the expenses of the commissioa 
lately sent to South America ; if so, he would ask 
of the chairmen of the Committee of Ways and 
Means and the Committee of Foreign RelatiouL 
whether those Commissioners were furnished 
with credentials, and if their appointment had 
been confirmed by the Senate; also, to what 
ports of South America they were sent, and the 
probable duration of the commission ; and^ also, 
if it would not be looking too much into its ob- 
jects, he would be glad to know what those ob- 
jects were. 

Mr. Lowndes said, that although he had not 
all the information required by the Speaker, ]rei, 
he was possessed of something on the subject 
more than newspaper intelligence. It must be 
recollected that the objects of the Committee of 
Ways and Means were confined merely to the 
financial department ; they had, however, some 
information on this subject, received in reply to 
some inquiries that the committee had, in the 
performance of their duties, addressed to the De- 
partment of State, which would answer the 
Speaker's inquiry as to the credentials and the ' 
probable duration of the commission. The other 
points did not come within the objects belonging 
to the Committee of Ways and Means. 

The papers referred to by Mr. L. were handed 
up by him, and read as follows : 

DxrAaTxxvT or SrATXt diareh S, 181$. 

Sia : I have the honor to enclose a copy of tka i 
mission from this Department with which Mt 
Rodney, Graham, and Bland, were fumiahed bj i 
tion of the President. They have, as jeu will f«- 
ceive, no distinct diplomatic rank. They are ezpaclad 
to be absent seven or eight months ; and the ntmyw 
sation allowed them by the President is 96,000 each, 
and $2,000 to their Secretary. Their expenses on the 
▼oyage, until their return, except while on Aon ul 
South America, are likewise allowed; and Messrs. 
Rodney and Graham having been appointed in JuBe 
last, and prepared to go, but by various acddenta dsK 
tained until the beginning of December, when ther 
sailed, claim on that account a farther allowance. U, 
after their arrival at Baenos Ay res, they find it advl»- 
able that one or more of them should remslB oniltat 
continent, and go to Chili, that aeasare ia vHMbl 
their discretionafy powers. As this cotttiageo^ waa, 
however, not expected as probable ; amd, S If ihmtf 
occur, it was not fbreaeen to what extent of Itaie it 
might go, no specific allowance was fixed mpon inr it. 
Under these drotimstanoes, it was antisipated tluU Ike 
sum of thirty thousand dollars would not moos ikuL 
suffice to cover the expenses of the aussioB. 

I am, with great respect, sir, your veiy humble aBd 
obedient servant, 


W. LowBBBs, Esq., Ckmrmmh 4pc 

Digitized by 





Mtwrn, 1618. 

aJKMlM illll9PiMM M^f*99m&Ul^ 

H« otRw 

Be it Known, Cenr Augiutas Rodney, John Gra- 
hani^ and Theodorick Bland, three distingQished dd- 
nna of the UDited Statet, and enjoying, in a high de- 
gree, the coniidenee and esteem of the President, are 
about to ^isit, in a national ship, on jnst and friendly 
ohjeets, md at the special desire of the President, di- 
Ten pbeee and countries in South Amenca. 

These aie therefore to reqnert that, whitheraoeyer 
theY aay go, they, with their snite, may be received 
ana tnatsd in % manner dae to the confidence reposed 
in them, and each of them, as aforesaid, by the Pren- 
dent of the United States, and to their own merit. 

€5vm nnder my hand, and the seal of the Depart- 
r -y ment of State, this twenty-fourth day of NoTcm- 
^ •> ber, in the year of onr Lord one thousand eifl^t 
homdrod and serenteeiu 


Suretwtf of State. 

Mr. Clat rose, not, he said, to make aoy objee* 
tioB 10 the three retpeetable citizens for whom 
Ukis Appropriation was iDtended— that was not 
his object I boi to enter bis protest to this kind of 

rropriation by Coogrees. As to the object of 
coamiesion, he thonght it of Terr little ase 
ht the expenditure of poblie money ; ne referred 
10 the Tiews avowed, and the directions to touch 
at ^enos Ayres, dbc, and said, if the object of 
the commission wae to acqaire iafomatioD of 
the aenial state of affairs in the Sombern proir* 
ioces, It wae the most unfortunate mode that 
eoDld baTO been adopted for that purpose. What, 
ashed Mr. C, was this mode? Three distin- 
guished eitizens are selected, their appointment 
and intentions are announced by the newspapers, 
months befbre Ibeir departure, then declared by 
dM FrcBident himself, and made known to the 
whole world; and thejr depart with all the para- 
phernalia of public Ministers; information of 
riieir object preoedes them wherever they go. As 
toon as they arrive at a South American port 
they are surrounded by all the factions in the 
eeuatry ; royalists, if there were any, as well as 
lepttblieans \ who strive to prejudice them in fa- 
vor of their respective interests, to mislead their 
judgments and prevent the getting correct infor*> 
m«tien of the real condition of things. Mr. C. 
described the extent of the interior provinces of 
Boenos Ajrrcs, to show that the time allowed to 
the Commissioners (if they were itequainted with 
the laoguagcL manners, and habits, of the coun- 
try) was iaade||uate to enable them to make any 
material addition to our stock of information \ 
b«f, even if they-oould, were they to range the 
w4iofe continent, and visit even ihe armies, whe- 
ther successful or not, of the diflbrent parties, still, 
their object being known, ihev would everywhere 
be liable io the same deeeption and imposition. 
Correct informatioB they would not obtain. The 
proper coarse to have adopted, Mr. C. said, was 
tadespatchan individual unknown to all parties; 
ioaie intelligent, keen, silent, and observing man, 
of pleasing address and insinuating manners, who, 
eoocealing the object of hie visit, would see and 
bear everything, and report it faithfully. 
Bat it was not to the et»ject of the appropriation, 

boldly as the mission had been devised, that Mr* 
C. rose to objeet ; it was the Constitutional point 
it involved tha:t made it obnoxious; and he read 
the clause of the Constitution which requires th« 
consent and concurrence of the Senate to all ap- 
pointments not specifically provided for by Urw, 
to show that these Commissioners should have 
been nominated to that body**taking it for grant* 
ed, that they had nDt been submitt^ to the Sen- 
ate. The President had not only made these 
appointments without the anthority of the Con- 
stitution, or of any law recognising them, but 
in dero^ion from a positive act oi Congress. 
There was an act of Congress fixing the gm^e 
of the only Ministers we sent abroad, aad it pro- 
vided for two cases only, that of Minister Pleni* 
poteotiary and that of Charge des Affiuves. To 
the first it assigned a salary of ^/XX)) to the laai 
a salary of $4^500. Here were CommisBioaatSw 
then, sent with a salary fixed by the sole aatbofo 
ity of the President, and not conformable to that 
prescribed by the law in either of the two grades*. 
If he mi^ht assiga $6,000, what was there to^ 
prevent his allowance of 50^000? It might h» 
said in that case this House would afford a reme«- 
dy ; but irentlemen would perocave bow difiaalt 
it would be, to withhold from an agent an appro- 
priation, which had b««ii promised and pled^d 
by the Bxecutive. There was a contingent fiind 
of 950,000 allowed to the President by lam whicb 
he was authorized to expend without rendering 
to Congress any account of it — i« was confided- 
to his discretion, and, if the compeasafioa of the 
Commissioners had been made from that fwd, 
Mr« C. said, it would aol have been a proper 
subject for inquiry ; but, under present circum*> 
stances, in opposition to the ConstituiioD, ho 
could not be going too far, in eiviog at least his 
protest to this appropriation. It was net his in- 
ten^n to make any motion on the sabjeot, and 
he made none* 

Mr. FoRSTTB said, the Constitutiett veAs the 
fihtecetive with the powers to make appoi ntm e n ta 
in the recess of the Senate. Whether tfaesa w«re 
such as required the coafirmatioa of the Senate, 
had been or would beeohmitted for that^puapese^ 
to that body, be did not know, nor wae tt nece»^ 
sary to iaqmre. He presmmed what eatfht t^be 
done would be done, and he was disposed to leave 
the^ttbjeet to the Bkecutlve and to the Senate, ta 
whom It more properly belonged. If the idea of 
the Speaker wan correal and these were oAsew 
requiring a nomination to, and the afypropnatleift 
of the Seaate, yet, as they were appoiniai in tiM 
reoess, no Constitutioaal wrong had bean done i« 
their appointment. But the S|Mker had objected 
to this commission, because it was useless, if i< 
was Information they went for. Was it not pro^ 
per and necessary, Mr. F. asked, for the Govern* 
ment to have information^the state of the South 
Amerioan provinces**^ their actual politioal 
condition, their prospeotaof success.^. 1 Ifso^ 
thia inibrmation cowd be obtaineo only mxmm 
WKjd^bf the newspapers, or by ageau sent oM 
fiMT the purpose. The vagM and uaeertai^rB* 
poiM given ra the newspapeia«auld wm bataiied 

Digitized by 



HianmT.oF tioK&BMa 


H* orR* 

Spamkk Amene^n Prwincm. 


OB, and the Pr«sideit hmd thooffhi proper toseDd 
intdligeot afenu to obtais tne knowledge de- 
dfod. It was probable that a private man might 
have obtained this information better ; bat there 
was another point to be considered— the import* 
aaoe of this information to the Gtoyernment was 
aiieh, that it would be necessary that this indivi- 
dual should be an American, and the kind of in- 
formation to be aeqoired might have subjected 
him to the fate of other Americans in the Span- 
ish provinces ; he might have been thrown into 
a doageoB. The opposite party mij|ht adopt 
this coarse to prevent his communicating the in- 
formation he should have acquired. This had 
been done; American citiaens had beea thrown 
into dungeons. In whatever aspect this subject 
was viewed, Blr. F. could see no impropriety in 
voting this appropriation. It was true the Pree- 
ideat miffht have taken it out of the secret ser- 
vice fond, and no inauiry would have been made 
about it \ but, in order to meet all the expenses 
of the mission, it might have been necessary to 
ask a further appropriation for this fund, and 
then the inquiry would have been made, for what 
it was wanted. The present course, he thought, 
was aaore honorable and fair. It would have 
been naoessary nearly to double the ordinary 
contingent fund, and it would have been i^ con* 
dusive ob^tion to the appropriation, that Con* 
giress was ignorant of the object to which it was 
to be applied. Would the House have been wil- 
ling to vote an addition to the secret service 
fmul, for what might have been considered the 
eaaployment of spies throughout the world? 
This objection to such an appropriation, he be- 
lieved, would have been made with effect; and 
it was much better for the Executive to proceed 
in the present open and frank manner. Mr. F. 
took occasicm, in reply to an allusion of Mr. Clit, 
to say. that it was true he did not find fault with 
the Executive quite as often as the honorable 
Speaker had latterly done, but still he was not the 
defisader of all Executive measures. The Com- 
miaee would do him the justice to recollect 
that he sometioMs differed fiom the Executive, 
and never failed to eensure what he believed 

Mr. Clay said, in rejily, that Mr. Foaarrn had 
not oontroverted the objection that theae appoint- 
menu liad not been submitted to the Senate. 
But these agenu were to be provided for, either 
in the quality of Ministars or Chaig6s des Afiairea; 
and, considered in either capacity, the House was 
ealied on to make a larger appropriation than 
was authorized by law for officers of that charac- 
ter. Aa to a private agent being liable to the 
fiite mentioned by Mr. Fonairra, what, he asked, 
were the immunities of the present Commission^ 
era? Nothinc more, he said, than those of a pri- 
vata man. It had even been decided, in the 
nllair of the Russian Consul at Philadelphia, that 
Consul Gknerals were not entitled to the immu- 
nities of Ministers. But, could not the President 
have given the same commissioa to one man, sent 
privately to obtain information, aa to those three 
Commiaaiettera, and with the aame efieet and 

validity ? As to the ob|ject of the commission, 
Mr. C. again asked, how these gentlemen were to 
acquire this information respecting the indepen- 
dence of the South American provinces 1 The 
fact of their independence was not to be estab- 
lished by a dedifMu poUstatum sent out to take 
depositions. The independence of some of theae 
States was matter of history — was too notorious 
to nguire the evidence of those Commissioners. 
And Mr. C. referred to the condition of some of the 
South American States, on which the knowledge 
was complete, and contended that they had been 
sent to parts, with regard to which (Venezuela 
and Buenos Ayres, for example) our information 
was most perfect, and were not to visit all thoae 
parts (Mexico and New Qrenada) from which 
we most wanted it. Mr. C. again adverted to the 
manner in which the Commissioners had been 
appointed, which being done not according to law. 
was the more improper, as they had not sailed 
till after the meeting of Congress, when it wonld 
have been scarcely any detention to have waited 
the coBcurrence of the Senate, which was in 
session when they departed. 

Mr. HoPKiNsoN observed, that he did not rise 
to express any opinion upon the object or utilitf 
of the mission in question^he was willing to 
agree in both ; but he desired to express distinctly 
his dissent to the appropriatioa, because he b^ 
lieved the appointment of these Commissioaera 
was of a kind, under the provision and spirit of. 
our Constitution, to require the approbation and 
assent of the Senate, and because be had up rea- 
son to believe such assent had ever been given 
by the Senate, or asked by the Executive. He 
thought it more important for us, as the Repre- 
tativcs of the American people, to attend to and 
guard our own Constitution, than to send abroad 
to inquire into the form of government of other 
people. Mr. H. said, that being up, he would 
take occasion to say that he saw little or no dif- 
ference between sending a Minister without con- 
sulting the Senate, in a case when their assent is 
admitted to be necessary, and sending him just 
on the eve of the meeting of that body, without 
any known urgency, and afterwards submitting 
the appointment to the Senate. Nobody can be- 
lieve the Senate can exercise that free and nnem* 
barrassed judgment upon the nomination whidi 
the Constitution intended they should have, after 
the Minister had actuallv embarked and sailed' 
for his destination^ with bis outfit and other ex- 
penses of the mission. 

On the suggestion of Mr. Lowndbs this appro- 
priation was passed by for the present, that in 
the meantime the additional information which 
had been asked for by the Speaker might be 
obtained from the Department of State. 

Mr. Clay rose, and moved to insert in the bill 
a provision to appropriate the sum of eighteen 
thousand dollara as the outfit and one year'a sal- 
ary of a Minister to be deputed from the United 
States to the independent provinces of the River 
Plata, in South America. 

This proposition Mr. C. followed up by enter- 
ing into a discussion of the queation, involved in 

Digitized by 






DiMtribtOwn ^ ihcuwunU^Eweattm Papers. 


his moCioB, of a formal recognitioa of the inde- 
I>endeiiee of the Soach Amerieaa States men- 
tioned. He had spoken something more than an 
hour, when (having giren way for a motion to 
that effect) the Committee rose, about half-past 
four Qi^doeir, and the Honse adjourned. 

Wbonbsdit, March 85. 

On motion of Mr. Marh, the Committee on 
the Public Lands were instructed to inquire 
whether any, and, if any, what further provisions 
of law are necessary for preventing waste and 
trespass on that portion of the public lands which 
have been, or may hereafter be, reserved for the 
use of schools. 

The bill from the Senate, entitled "An act 
regulating the pay and emoluments of brevet 
rank^' was read the second time and referred to 
the Committee on Military Affairs. 

The bill from the Senate, entitled "An act au- 
thorizing a subscription for the 11th volume of 
State Papers," was read the second time and 
committed to a Committee of the Whole. 

A message from the Senate informed the 
House that the Senate have passed bills of this 
House of the following titles, to wit: "An act 
respecting the district courts of the United States 
wUhin the State of New York," and "An act to 
alter the time of holding the circuit court in the 
touthern district of New York, and for other pur- 
poses." with amendments to each ; in which they 
ask the concuTrence of this House, 

The amendmenu to each of the said bills were 
read, and severallf referred to the Committee on 
the Judiciary. 

An engrossed bill, entitled "An act in addition 
to the net for the punishment of certain crimes 
against the United States, and to repeal the acts 
therein mentioned," was read the third time, and 

An engrossed bill to alter the flag of the Uni- 
ted States was read the third time, and passed. 

Mr. JoBNSON, of Kentucky,, from the Commit- 
tee on Military Affairs, to which was referred 
the bill from the Senate, entitled "An act regu- 
lating the pay and fflpoolumeats of brevet rank," 
reported the same without amendment, and the 
mu was committed to the Committee of the 
Whole, to which is committed the bill of this 
House to repeal so much of an act as allows pay 
and eoMlumenu to brevet rank. 

Mr. Johnson, from the same committee, also 
reported the bill from the Senate, entitled "An 
act for the relief of Ashael Clark" without 
amendment, and the bill was committed to the 
Committee of the Whole, to which is committed 
the bill for the relief of Birdsali db Foster. 


On motion of Mr. Sfbncer, the House took 

np and proceeded to consider the resolution aub- 

L mitted by him on the 19th instant, providing for 

' the distribution of the docoments printed by order 

of die Hosse, and agreed therete^mmenfM to read 

u follows: 

B99oked, That unless otherwise speciafiy diieeted 
by the House, 600 copies shmU be stmek, of sll sudi 
majter as may be directed to be printed, except bills 
and amendments. 

That the said 600 copies shall be disposed of, and 
distributed in the following manner, to wit : 

Two hundred copies shall be retained in the print- 
ing office, and, at the close of each session, be dis- 
posed of and distributed, conformably with the pro- 
Tisiotts of the resolution of the 27th December, 1813. 
The remahiing four hundred copies shall be depos- 
ited by the printer, in the post office of the House, 
from time to time as the work may be executed, pur- 
suant to his contract, and shall be promptly distribu- 
ted by the Doorkeeper of the House, as fWIows, to 
On the desk of eadi member and delegate, one 

<»Py 187 

On the Speaker's table 2 

On the Cleric's table - - . . '. t 
In the Clerk's office ..... 4 
To the President of the Senate, for the use of 

the Senate 50 

To the President of the United States • - 5 
To the Secretary of State .... 35 
To the Secretary of the Treasury - - . 6 
To the Secretary of War .... 5 

To the Secretary of the Navy ... 5 

To the Attorney General .... 5 
To the Commissioners of the Navy Board - ft 
To the Auditors of the Treasury, 5 copies each 25 
To the Comptroller of the Treasury - - 5 
To the Register of the Treasury - . . 5 
To die Postmaster General .... 5 
To the Commissioner of the General Land Office 6 
To the Commissioner of the ReTenue . . s 
To the Commissioner of Public Buildings - 1 
To such foreign Ministers as reside at the Seat 
of Goremment, or Consuls, in case of no re- 
sident Minister, 3 each, supposed to amount 

to nine 18 

To the Public Printer 1 

To the Librarian . . . . ^ . 2 
The residue to be boun4 up, at the end of the 
session to be^eposited in the Clerk's office as 
heretofore - - 27 


Several Messages were received frooi the 
PREatoENT OF THE Unitbo St^tes. The firsc 
of th^ said Messages was read, and is as follows : 
Wasbiinitov, Mmth 24, 1816. 
In pursuance of a resolution of the House of Rep- 
ra ssn tst i v es of the 7th instant, I now transmit the 
report of the Secretary of State, with a statement of 
the expe n ses incurred under the 4kh, 5th, 6th, and 
7tfa articles of the Treaty of Ghent, spedfying the 
items of expenditure in relation to each. 


The second of the said Messages was read, and 
is as follows: 

Ti>ikeHot$iei^Rmr9tmtaHpe»ofthe IMUed 8tate$ :: 
bk eonioffmity with the resohitlen of the House of 
RspMssBtathFos of the 0th of Dasember last, I now 
traasBiil a report of the 8seretaiy ef Stale, with a 
oofy of the doonneiils wUeh it is thought proper to 

Digitized by 





H. Of R. 

Spanish American Provinces, 


cammuoicate, relating to the iDdependence and po- 
litical condition of the provinces of Spanish America. 
Washinotok, March 25, 1818. 

The report of the Secretary of State is as fol- 

The Secretary of State, to whom has been referred 
the resolution of the House of Representatives of the 
16th of December, has the honor of submitting the 
documents herewith transmitted, as containing the 
information possessed at his department, requested by 
that resolution. 

In the communications received from Don Manuel 
H. de Aguirre, there are references to certain confer- 
ences between him and the Secretary of State, which 
appear to require some explanation. 

The character in which Mr. Aguirre presented him- 
self was that of a public agent from the Government 
of La Plata, and of private agent of that of Chili — 
his commissions from both simply qualified him as 
agent ; but his letter from the Supreme Director Pu- 
eyrredon, to the President of the United States, re- 

Sested that he might be received with the considera- 
n due to his diplomatic character. He had no 
commission as a public Minister of any rank, nor any 
fttll power to negotiate as such. Neither the lettor, of 
which he was the bearer, nor he himself, at his first 
interviews with the Secretory of State, suggested that 
h0 was authorized to ask the acknowledgment of his 
Government as independent— a circumstance which 
derived additional weight from the fact, that his pre- 
decessor, Don Martin Thompson, had been dismissed 
b^ the Director Pueyrredon for having transcended 
his powers, of which the letter brought by Mr. Aguirre 
gave notice to the President. 

It was some time after the commencement of the 
SMsion of Congress that he made this demand, as 
will be seen by the dates of his written communica- 
tions to the Department. In Uie conferences held 
with him on that subject, among other questions 
which it naturally suggested, were those of the man- 
ner in which the acknowledgment of his Government, 
should it be deemed advisable, might be made ? and 
what were the territories which he considered as form- 
ing the Sute or nation to be recognised 1 It was ob- 
served, that the manner in which the United States 
had been acknowledged as an independent Power by 
France, was, by a treaty concluded with them, as an 
existing independent Power, and in which each one 
of the States, then composing the Union, was distinct- 
ly named ; that something of the same kind seemed 
to bo neoessary in the first acknowledgment of a new 
Government, that eome definite idea might be formed, 
not of the preciafr bonndaries, hot of the general ex- 
.^^ of tlM cooBt^ that recognised. He said the 
Govemoiont of which he desired the acknowledgmoot 
was of tho oonntry which bad, before the revolution, 
\mu tbo Vice Royalty of La Plata. It was then adied, 
wbotker that did not include Montevideo and the ter^ 
ntory occupied by the Portngnese— the Banda Orien- 
tal, ondencood to be nnder the government of Gene- 
ral Artigas, and several provinces, still in the undis- 
puted poasession of the Spanish Government He 
Mid it did ; bat observed, that Artigas, though in hos- 
^y with the Government of Bnemw Ayiea, snpport* 
•d, however, tho eaiiee of independence of 8paW— 
w4 tliat the Poi«afiiMe conld not okinatoly maim- 
tm their poateeaon of Montmdoob Itwanafttftlii. 
tM^ Mr. Afnim wrototbe l«llir> eArinc to oMter 

into a negotiation for conducting a treaty; though 
admitting that he had no authority to that efl^Mt from 
his Government. It may be proper to observe, that 
the mode of recognition by concluding a treaty had 
not been suggested as the only one practicable or 
usual, but merely as that which had been adoptod by 
France with the United States, and as offering the 
most convenient means of designating the extent of 
the territory acknowledged as a new dominion. 

The remark to Mr. Aguirre, that if Buenos Ayrtf 
should be acknowledged as independent, others of the 
contending Provinces would, perhaps, demand tlM 
same, had particular reference to the Banda Oriental 
The inquiry was, whether General Arti|^ might not 
advance a claim of independence for those Provinces, 
conflicting with that of Buenos-«Ayre^for the whole 
Vice Royalty of La Plate ? The Portuguese poaaet- 
sion of Montevideo was noticed in reference to a aim- 
ilar question. 

It should be added, that these obeervations were 
connected with others, steting the reasons upon which 
the present acknowledgment of the Government of 
La Plata, in any mode, was deemed by the Prendent 
inexpedient, in regard as well to their intoreate as te 
those of the United Sutes. 


The followiofir are the list of papers trmoaoiit- 
ted to the President: 

1. Don Yono Alvarez, to the President of the Uni- 
ted Sutes, dated Buenos Ayree, January 16, 1816. 

2. Declaration of Independeroe of the United Prov- 
inces of La Plata, dated at Tucuman, July 9, 1816, 
communicated by Don Manuel H. de Aguirre, to the 
Department of Stete, December 24, 1817. 

3. Don J. Martin de Pueyrredon, Supreme Diroolor 
of the United Provinces of the Rio de la Plata, to tfM 
President of the United States, dated January 1, 1917 

4. The same to the same, dated March 6, 1817. 

6. Commission granted by the Supreme Director 
of the Steto of ChUi, to Don Manuel H. de Agnirre, 
dated March 8, 1817. 

6. Commission granted to the same by the Supreme 
Director of the United Provinces of South America, 
dated at Buenos Ayres, March 28, 1817. 

7. Don Bernardo O'Higgins, Suprome Dhroctor^f 
the Stete of Chili, to the President of the Unhojl 
Stetes, dated AprH 1, 1817. 

8. CommisBion granted by the Supreme Dinetor 
of the United Provinces of Rio de la Plata, to Don 
Manuel H. de Agnirre, as agent of that finTmrnisnt, * 
dated April 28» 1817. 

9. General Don Joae de San Martin, Conaaaa 
in-chief of the army of the Andes, to the 
of the United Stetes, without date. 

10. Don Cactano Bezarea, Secretaiy of Btelo md 
interim of the Ezecntive Department of the oonlbd^ 
erated Stetes of Venezuela, to the Secretary of Sinio 
of the United Stetes, dated Pampatar,May 22, 1817-^ 
7th — transmitting 

1 1. The act of the re-establishment of the -Confroos 
of y^neanala, at the cily of San Felte d* CariwD^b 
on the 8th of May, 1817. 

12. General Don Joea Artigas to tiie Ptesidaat •£ 
the United States^ dated Headquarters at PnriAoneinB, 
September 1, 1817. 

I& Dan MuMBl VL do Agnkro to the Pneiiayt 
d tba Unil»a atatei» dntod Wciliia«ton, Ottobat M, 

Digitized by 





Maboh. 1818. 

Spamah American Prfmncea. 

H. OP R. 

14. The smme to th« Secretaiy of State, dated De- 
eombor 16» 1817. 

15. The same to the tame, Deeember 26, 1817. 

16. The lame to the same, Deeember 29, 1817. 

17. The same to the same, January 6, 1818. 

18. The same to the same, January 16, 1818. 

The last of the said Messages was read, and is 
as follows: 

To the House of Represeniativee of the United States: 
I now lay before Congress all the information in 
the possessioii of the ExecutiTe respecting the war 
with the Seminoles, and the measures wldch it has 
been thougnl proper to adopt for the safety of our 
iellow-citlzeiis on ihit frontier exposed to their ravages. 
The endo^fsd documents show that ttie hostUities of 
^ds tribe were unprovoked, the ofibpring of a spirit 
long cherished,' and often manifoeCed towards the Uni- 
ted States, and that, in the present instance, it was 
ezten^ng itsetf to other tribes, and daily assuming a 
BMre eexioiis aspect As soon as the nature and ob- 
ject of this conibiiiation were perceived, the Major 
GeMtaJ commandiDg the souuem division of the 
troops of the United States, was ordered to the theatie 
of aotioD, charged with the management of the war, 
and vested with the powers necessary to give it e^ct 
The season of the year being un&vorable to active 
eperations^ and the recesses of the country ailbrding 
tteltar to these savages, in case of retreat, may pre- 
^reat a prompt termination of the war, but it may be 
ftirly presumed that it will not be long before this 
tribe, and ito associates, receive the punishment which 
tii^ have provoked and justly mented. 

As almost the whole of this tribe inhabito the coun- 
try within the limlte of Florida, Spain was bound, by 
w Treaty of 1795, to restrain Uiem from committing 
hostiUtiea against the United Stetes. We have seen 
with regret that her Government has altogether failed 
to iiilfiJ this obligation, sor are we aware that it made 
any efiort to that effect. When we consider her utter 
in^ifity to check, even in the slightest degree, the 
aovenente of thb tribe, by her very small and inoom- 
pitant force in Florida, we are not disposed to ascribe 
the foibnre to any other cause. The inability, how- 
ever, of Spain to maintain her authority over the ter- 
nteiy and Indians within her limite, and in conse- 
mnoe to fulfil the treaty, ought not to expose the 
united Stetes to other and greater injuries. When 
the authority of Spain ceases to eiist there, the Uni- 
ted States have a right to pursue their enemy, on a 
^mdple of self-defence. In this instance the right is 
more complete and obvious, because we shall perform 

^—» 1 m wka* O.^:. ..^^ 1 J A. 1 « '^ . . 

wj whst Spain was bound to have performed her- 
ael£ To the high obligatbns and privileges of this 
great and sacred right of self-defence, will the move- 

The House having again resolved itself into a 
Committee of the Whole on the annual general 
appropriation bill; and Mr. Clay's proposition 
to amend the bill by inserting a clause for ap- 
propriating $18,000 for the outfit and year's sala- 
ry of a Minister to Buenos Ayres, yet pending, 
Mr. Clat concluded, in a speech of three hoars 
m len^h, the observations he yesterday com- 
menced in support of his proposition j the whole 
of which is given entire, as follows : 

Mr. Clay said he rose, under feelings of deep- 
er regret than he had e?er experienced on any 
former occasion, inspired, principally, by the pain- 
ful 4!onsideratioQ that he found >imself, on the 
proposition which he meant to submit, differing 
from many highly esteemed friends, in and out 
of this House; for whose judgment he enterteined 
the greatest respect. A knowledge of this cir- 
cumstance had induced him to pause ; to subject 
his own convictions to the 8e?erest scrutiny; 
and to revolve the question o? er and over again. 
But all his reflections had conducted him to the 
same clear result ; and much as he valued those 
friends, great as his deference was for their opin- 
ions, be could not hesitate, when reduced to the 
distressing alternative of conforming his judg- 
ment to theirs, or pursuing the deliberate and 
matured dictates of his own mind. He enjoyed 
some consolation, for the want of their co-opera- 
tion, from the persuasion that, if he erred on this 
occasion, he erred on the side of the liberty and 
the happiness of a large portion of the human 
family. Another, and, if possible, indeed a greater 
source of the regret to which he referred, was the 
utter incompetency which he unf^ignedly felt to 
do anything like adequate justice to the great 
cause of American independence and freedom, 
whose interests he wished to promote by his hum- 
ble exertions, in this instance. Exhausted and ' 
worn down as he was, by the fatigue, confine- 
ment, and incessant application incident to the 
arduous duties of the honorable station he held, 
during a four motith's session, he should need all 
that kind indulgence which had been so oAen^ez- 
tended to him by the House, 

He bei^ed, in the first place, to correct misoon- 
^ceptions, if any existed, in regard to bis opinions. 
He was averse from war with Spain, < 

[■^•^w troops be stricUy confined. Ordms have 
beMchea to the Uenertl in command not to enter 
Flmaa, unless h be ia parsait of the enemy, and in 
thet cmm to raspect the Spanish authority wherever it 
MMutained, and he wiU be instructed to withdraw 
ma iBfosa fiom the province as soon as he shall have 
ledsced that tribe to order, and oecnre our frUow-dti- 
um^ in that quarter, by satislactory arrangementsb 
HMMt iU onprovoked and savage hostUities in future. 
Washivotom, iforcA 35, 1818. 

The said Messages and their accompanying 
doenmenu were ordered to lie on the table. 
15lh Cor. Ist Sbss. — 47 

„ ^ ^^.«, or with any 

Power. He would ffive po just cause of war to 
any Power— not to Spain herself. He hi^d teen 
enough of war, and or its calamities, when eveii 
successful. No country upon earth had more in- 
terest than this in cultivating peace, and a? oiding 
war, as long as it was possible honorably to avoid 
it. Gaining additional strength every day"; our 
numbers doubling in periods of twenty-five years ; 
with an income outstripping all our estimates, 
and so great as, after a war in some respecu dis- 
astrous, to furnish results which carry astonish- 
paent, if not dismay, into the bosom or the States 
jealous of our rising importance, we had erery 
motive for the love of peace. He could not, how- 
ever, approve, in all respects, of the manner in 
which our negotiation with Spain had been con- 

Digitized by 






SpaMh Americim Ptovincm. 

March, 1618. 

docted/ If erer a faTortbI« cim« existed for the 
demand, on the part of an injured nation, of in- 
demnity for past wrongs, from the aggressor, snch 
was the present time. ImpoYerished and exhaust- 
ed at home, by the wars which have desolated 
the Peninsula, with a foreiga wap.eallingfor in- 
finitely more resources in men and money, than 
she can possibly command, tlxis is the auspicious 
period for insisting upon justice at her hands, in 
a firm and decidedtone* Time is precisely what 
Spain now most wants. Yet what were we told 
by the President, in his Message, at the com- 
mencement of Congress ? That Spain had pro- 
crastinated, and we acquiesced in her procrasti- 
nation. And the Secretary of State, in the late 
communication with Mr. Onis, after ably Yindi- 
cating all our rights, tells the Spanish Minister, 
with a good deal of sangfroid^ that we had pa- 
tiently waited thirteen years for a redress of our 
injaries, and that it required no great effort to 
wait longer! He would have abstained from 
cbus exposing our intentions. Avoiding the use 
of th^ language of menace, he would have re- 
4]ulred, in temperate and decided terms, indem- 
nity for all our wrongs ; for the spoliations upon 
our commerce ; for the interruption of the right 
of depot at New Orleans, guarantied by treaty ; 
for the insults repeatedly offered to our flag ; for 
the Indian hostilities which she was bound to 
prevent ; for the belligerent use made of her ports 
and territories by our enemy, during the late 
war — and the instantaneous liberation of the free 
citizens of the United States, now imprisoned in 
her jails. Contemporaneous with that demand, 
withoQt wailing for her final answer, and with a 
view to the favorable operation on her councils, 
in regard to our own peculiar interests, as well 
as in justice to the cause itself, he would recog- 
nise any established government in Spanish 
America. He would have left Spain to draw her 
own inferences from these proceedings, as to the 
ultimate step which this country might adopt, if 
«he longer withheld justice from us. And if she 
persevered in her iniquity, after we had conducted 
the negotiation in the manner he had endeavored 
Co describe, he would then take up and decide 
the solemn question of peace or war, with the 
advantage of all the light shed upon it by subse- 
quent events and the probable conduct of Europe. 
Spain bad undoubtedly given us abundant and 
just eapse of war. But, it was not every cause 
of war that should lead to war. War was one of 
those dreadful scourges that so shakes the foun- 
dations of society; overturns or changes the 
character of governments; interrupts or destroys 
the pursuits of private happiness ; brings, in short, 
misery and wretchedness in so many forms ; and 
at last is, Id its issue, so doubtful and hazardous ; 
that nothing but dire necessity can justify an ap- 
peal to arms. If we viere to have war witn Spain, 
he had however no hesitation in sayiog that no 
mode of bringing it about could be less fortunate 
than that of seizing, at this time, upon her ad- 
joining province. There was a time, under other 
circumstances, when we might have occupied 
East Florida, with safety : had we then taken it, 

our posture in the nn;otiation wHh Bpahi w<nild 
have been totally different from what it is. But, 
we had permitted that time, not with his consent, 
to pass by unimproved. If we were to seize upon 
Florida, after a great change in those circnm- , 
stances and after declaring our intention to tc-' 
quiasoe in the procraatination desired by Spain, 
in what light should we be viewed by foreign 
Powers, particularly Great Britain ? We btva 
already been accused of inordinate ambition, and 
of seeKinff to aggrandize ourselves by an exten- 
sion, on all sides, of our limits. Sho^d we not, 
by such an act of violence, give color to the ac- 
cusation 1 No, Mr. Chairman, if we are to be 
involved in war with Spain, let us have the 
credit of diaiaterestedneas; let us put her yet 
more in the wrong. Let us commaad the re* 
spect which is never withheld from those who 
act a noble and gemerous part. He boped to com- 
munioate to the Comimttee the eonvioiioB whteh 
he so str^gly felt, that, adopting iheaoMmdmcnt 
which he intended to propose, would not haisrd, 
in the slightest degree, the peace of the country. 
But if that peace were to be endangered, he wotild 
infinitely rather it should be for our exerting the 
right, appertaining to every State, of acknowl- 
ed^ng the independence of^ another State, than 
for the seizure of a province which sooner or later 
we must certainly acquire. 

Mr. Clat proceeded. In contemplating the 
great struggle in which Spanish America is now 
engaged, our attention is first fixed by the immen- 
sity and character of the country which Spaia 
seeks again to subjugate. Stretching on the Pa* 
ciic Ocean from about the 40th degree of norili 
latitude, to about the 55th degree of south latitude 
and extending from the BK)uth of the Rio del 
Norte (exclusive of East Florida) arottnd tbe 
Golf of Mexico, and along the Booth Athtntie to 
near Cape Horn, it is abont 5,000 miles in leagtb, 
and in some plaees near three thousand in brea4lb« 
Within this vast region, we heboid the most atib- 
lime and interesting objects of creation ; the lof- 
tiest mountains, the most majestic rivers in tlire 
world ; the richest mines of the precious metala; 
and the choicest productions of the earth. We 
behold there a spectacle still more interesting and 
sublime — the glorious spectacle of eighteen niU- 
lions of people, struggling to burst their chains 
and to be free. When we take a little nearex 
and more detailed view, we perceive that eetore 
has, as it were, ordained that this people and ikia 
country shall ultimately constitute several diflec- 
ent natioas. Leaving the United States #tt Um 
north, we come to New Spaia, or the Vice Rof- 
alty of Mexico on the south $ passinc by €Ka«te- 
mala, we reach the Vice Royalty of New Oreaa* 
da, the late Captain Generalship of Vencxv^la, 
and Guyana, lying on the east side of the An4es. 
Stepping over the Brazils, we arrive at tbe Uwi* 
ted Provinces of La Plata, and, crossing the An* 
des, we find Chili on their west side, and further 
north, the Vice Royalty of Lima or Peru. Sach 
of thes^ several parts is sufficient in itself, in point 
of limits, to constitute a powerful State, and. in 
point of population, that which has the smnllttt 

Digitized by 





Kaicb, 1818. 

Spattuh Aintrtoan /^I'oeuMwi* 


««BUiio8 enoogh to mtkeit respectable. Tbroagh- 
oat all the extent of that great portion of the 
world, wkieh be had attempted tnns hastily to 
describe, the spirit of rerolt against the dominion 
of 8p«a had BMNiifcsted itsdf. The revolution 
had bees attendad with varioos degrees of sno- 
oaas in the se? eral parte of Spanish America* In 
aoflie it had been already crowned, as he would 
endearor to shollr, with complete soccess, and in 
all be was persuaded that independence had struck 
soeb deep root as that the power of Spain could 
nerer eradicate it. What were the causes of this 
great movement 7 

Three hundred years ago, upon the ruins of the 
thrones of Montezuma aod the Incas of Peru, 
Spain erected the most stupendous system of col- 
onial despotisan that the world has ever seen — the 
nost rigorous, t^e most exelosiTe. The great 
priaciple and object of thiaayetem has been to ren- 
der 09e of Che liugest pertioiis of the wtMrld ex- 
atosmly soheenrieoc^ in all its &culties, to the 
iBlaras to of an iaeoMdtfable apot in Blurope. To 
effwoiate this aim of her policy, ^he locked Span- 
itk Ameriea up from the rest of the world, and 
jRvUbtced, namr the severest penalties, any for- 
eigner from entering any part of it. To keep the 
MsWes theotoelvQs igporaat of each other, and of 
ihtscrieftgtband reaeureesof the several partsof her 
Ammean possessions, she next prohibited the in- 
babkaats of one Vice Royalty or Government 
from visiting those of another ; so, that the inhab- 
itants of Mextco^or example, were not allowed 
tor enter the Vice Royalty oi New Grenada. The 
agticultute of those vast regions was so regula- 
ted and restrained as to prevent all collision with 
the interests of the agriculture of the Peninsula. 
Wher^ naturcL by the character and composition 
of the Moil^haiii commanded, the abominable sys- 
tem of Spain has forbidden the growth of certain 
articles. Thus, the olive aad the vine, to which 
Spanish Aoaerica is so well adapted, are prohib- 
ited wheravar their ouUara could interfere with 
Iha oAiva aad the vine of the Pesinsula. The 
iwiiwe of theeouatry, in the direction and oh- 
Jeais of the exports and imports, is also subjected 
taiha narrow and selfish views of Spain, and 
Miarad by the odious spirit of monopoly existing 
tm Caiix. She has sought, by scattering discord 
MDOBg the several castes of her American popula- 
tion, and by a debasing course of education, to 
perpetoate her oppression. Whatever concerns 
pumic law, or the science of government, all 
writers upon political economy, or that tend to 
give vigor, and freedom, and expansion to the in- 
tellect, are prohibited. Gentlemen would be as- 
looisbed by the long list of distinguished authors, 
whom 9ht proseribeB, to be found in.Depon's and 
other works. A main feature in her policy is that 
which oooetaatly elevates the European and de- 
presses the American cbaraeier* Out of upwards 
of 750 Viceroys and Captains General, whom 
she has appointed siaoe the conquest of America, 
abovt eighteen only have been from the body of 
the American population. On all occasions she 
seeks to raise and promote her European subjects, 
and to degrade and humiliate the Creoles. Wher- 

ever in America her sway extends, everything 
seems to pine and wither beneath its baneral in- 
fluence. The richest regions of the earth ; man, 
his happiness and his education; aU the fine fac- 
ulties of his soul, are regulated, and modified, and 
moulded, to suit the execrable purposes of an in- 
exorable despotism. 

Such is a brief and imperfect picture of the 
state of things in Spanish America in 1806, 
when the famous transactions of Bayonne oc- 
curred. The King of Spain and the Indies (for 
Spanish America had always constituted an In- 
tegral part of the Spanish empire) abdicated his 
throne and became a voluntary captive. Even 
at this day, one does not know whether he should 
most condemn the baseness and perfidy of the 
one party, or despise the meanness and imbecility 
of the other. If the obligation of obedience and 
allegiance existed on the part of the colonies to 
the King of Spain, it was founded on the duty 
of protection which he owed them. By disquali- 
fying himself from the performance of this duty, 
they became released from that obligation. The 
monarchy was dissolved, and each integral part 
had a right to seek its own happiness by the in- 
stitution of any new government adapted to its 
wants. Joseph Bonaparte, the successor (feybdo 
ot Ferdinand, recognised this riffht on the part 
of the colonies, and recommended them to estab* 
lish their independence. Thus, upon the ground 
of strict right; upon the footing of a mere t^j^ 
question, governed by forensic rules, the colonies, 
being absolved by the acts of the parent country 
from the duty of subjection to it, had an indispu- 
table right to set up for themselves. But Mr. 
C. took a broader and bolder position. He main- 
tained that an oppressed people were authorised, 
whenever they could, to rise and break their fet- 
ters. This was the great principle of the Eng- 
lish Revolution. It was the great principle of 
our own. VaUd^ if authority were wanting, ex- 
pressly supports this right. We must pass sen* 
tence of condemnation upon the founders of our 
liberty— eay that they were rebels, traitors, and 
that we are at this moment legislating without 
comp^ent powers, before we could condemn the 
cause of Spanish America. Our Revolution waa 
mainly directed aniast the mere theory of tyr- 
anny. We had suffered comparatively fciut little; 

we had, in some respects, been kindly treated ; 
but our intrepid and intelligent fathers saw, it 
the usurpation of the power to levy an inconsid- 
erable tax. the loBff train of oppressive acts that 
was to fdlow. They rose; they breasted the^ 
stonh; they conquered our freedom. Spanish 
America, for centuries, has been doomed to the 
practical effects of an odious tyranny. If we 
were justified^ she is more than justlfit*d. 

Mr. C. said he was no propagandise. He 
would not seek to force upon other nations o^c 
principles and our liberty, if they did not Want 
them. He would not disturb the repose even of 
a detestable despotism. But if an abused antl 
oppressed people willed their freedom ; if they 
sought to establish it ; if, in truth, thef had estate 
Ibhed it, we had a right, as a sovereign Power, to 

Digitized by 






iSJpafttift American Provmcet. 

Maboh, 1818. 

modce Ue /act, and to aet at ciroanutanets and 
onr interest required. He would say, in the lan- 
guage of the venerated Father of Bis Coantry : 
"Born in a land of liberty, my anxious recoilee- 

* tions, my sympathetic feelings, and my best 
< wishes, are irresistibly excited, whensoever, in 
' any country, I see an oppressed nation unfurl 

* the banners of freedom."* For his own part, 
Mr. C. said, that whenever he thought of Span- 
ish America, the image irresistibly forced itself 
upon his-mind of an elder brother, whose educa- 
tion had been neglected, whose person had been 
abused an^ maltreated, and who had been disin- 
herited by theunkindnessof an unnatural parent. 
And when he contepiplated the glorious struggle 
which that country was now making, he thought 
he beheld that brother rising, by the power and 
energy of his fine native genius, to the manly 
rank which nature and nature's God intended 
for him. 

If Spanish America were entitled to success 
from the justness of her cause, we had no less 
icaaon to wish that success from the horrible 
character which the royal arms have ^iven to 
the war. More atrocities than those which had 
been perpetrated during its existence were not to 
bt found even in the annals of Spain herself. 
And historv, reserving some of ner blackest 
pagiea for the name of Morillo, is prepared to 
place him along side of his great prototype, the 
infamous desolator of the Netherlands. He who 
has looked into the historv of the conduct of this 
war, is constantly shockeu at the revolting scenes 
which it portrays ; at the refusal, on the part of 
the commanders of the royal forces, to treat, on 
any terms, with the other side ; at the denial of 
Quarters ; at the butchery, in cold blood, of pris- 
oners ; at the violation of flaj^s^ in some cases, 
after beiog received with religious ceremonies ; 
IX the instigation of slaves to rise against their 
owners ; and at acts of wanton and useless bar- 
haritv. Neither the weakness of the other sex, 
nor the imbecility of old age, nor the innocence 
of infants, nor the reverence due to the sacerdotal 
chnraoter, can stay the arm of royal vengeance. 
On this subject he begged leave to trouble the 
Committee with reading a few passages from a 
most authentic document, the manifesto of the 
Congress of the United Provinces of Rio de la 
Plata, published in October last. This was a 
papor of the highest authority ; it was an appeal 
to the whole world ; it asserted facu of notoriety 
in the face of the whole world. It was not to be 
credited that the Congress would come forward 
with a statement which was not true, when the 
means, if it were false, of exposing their fabrica- 
tions, must be so abundaat, and so eaity to com- 
mand. It was a document, in bhort, that stood 
upon the same footing of authority with our own 
papers, promulged during the Revolution by our 
Congress. He would add, that many of the facts 
which it affirmed, were corroborated by most re- 

* Wtahington's snswer to the Frsndi Minister's 
addrcesi on his presenting the colors of France, in 

spectable historical testimony, which was in his 
own possession. 

[Mr. C. here read the following passages from 
the manifesto :] 

** Memory judders at the recital of the horrors that 
were then committed by Goyeneche, in €k>chabamba. 
Would to heaven it were possibla to blot from remeoa* 
brance the name of that ungrateihl and blood-thiisty 
American ; who, on the day of his Antiy, ordered tb^ 
Tirtaons Governor and Intendant, Antessns, to be 
•hot; who» beholding from the balcony of his house 
that infiunous murder, cried out with a ferodoue 
voice to the soldiers, that they must not fire at the 
head, because he wanted it to be affixed to a pole ; 
and who, after the head was taken oS, ordered the 
cold corpse to be drsgged through the streets ; and, by 
a barbarous decree, placed the lives and fortunes of 
the citisens at the mercy of his unbridled soldiery, 
leaving them to exerdee thehr licentious and bmtol 
sway during several days ! But those blind and cm* 
elly capricious men (the Spaniards) rfrjected the me» 
diation of England, and detqpatched rigorous orders to 
all the Generals to aggravate the war, and to poniah 
us with more severity. The s cail b Ms were eveiy- 
where multiplied, and invention was racked to devise 
means for spreading murder, distress, and censter* 

** Thenceforth they madeall possible efibrts to thread 
division among us, to incite us to mntual exiermina* 
tion; Uiey have slandered us with the meet atioeiouii 
oJumnies, accusing us of plotting the destruction of 
our holy religion, the abolition of all morality, and of 
introducing licentiousness of manners. They wage a 
religious war against us, contriving a thousand arti- 
fices to disturb and alarm the oonscienoes of the 
people, making the Spaniih bishops issue decrees of 
ecclesiastical condemnation, public excommunications^ 
and disseminating, through toe medium of some igno- 
rant confossor, fonatical doctrines in the tribunal of 
penitence. By means of these religious discords they 
have diTided fomilies against themselvee; they have 
caused disaffection between psrente and children; 
they have dissolved the tender ties which unite hus- 
band and wifo ; they have spread rancor and impla- 
cable hstred between brothers, most endeared, and 
they have presumed to throw aU nature into discord. 
** They have adopted the system of murdering mett 
indiscriminate to diminish our numbeie; and, on 
their entry into towns, they have sw^ off all, even 
the market people, leading them to the open s^asre% 
snd there shooting them one by one* The otiee of 
Chuquisaca and Gochabamba have more than once 
been the theatres of these horrid slaughters. 

** They have intermixed with their troops soldiem 
of otirs whom they had taken prisoners, carrying awav 
the officers in chains to gsrrisons where it is impoesf- 
ble to presenre health for a year ; they have left othera 
to die m their prisons of hunger and misery, and others 
they have forced to hard labor on the public works. 
They haTt exultinglj put to death our bearers of flags of 
truce, and haTe been guil^ of the blackest atrocitiee 
to our chiefo, after they had surrendered, as well ae to 
other principal characters, in disregard of the human- 
ity with which we treated prieoners ; as a proof of it, 
witness the deputy Mutes of Potosi, the Captain Gen- 
eral Pnmacagua, General Augnlo, and his brother 
Commandant Munecas, and other partisan chiefo, who 
were shot in cold blood, after having been prisoners 
for several days. 

Digitized by 





Mahob, 1818. 

8pa9iuh American Profrincei. 


** Tbej took a bnitel pioafliuo in eroppiDf the ean 
of tko notiTM of the town of ViHefrande, and lending 
a baikat lall of them as preaente to the headquarter 
Thej afterwards burnt that town, and set ftre to thirty 
other popnioos towns of Pent, and worse than the 
wont of saTsfes, ehntting the inhabitants np in the 
bonsei^ belbre setting them on fire, that they might be 
burnt alive. 

** They hare not only been crael and nnsptring in 
theb mode of murder^ imt they have been void of all 
morality and public deeency, causing aged ecdesias- 
ticf and women to be lashed to a gun and publicly 
logged, with the abomination of first having them 
•tripped, and thesr nikedness exposed to shame, in the 
pieeence of their troops* 

««Tbey eataUished an inquisitorial system in all 
thaea punisbmants; tiiey hare seiied on peaceable 
Inbabitanla, and transported them across the sea to be 
ftdliodged §at wmpecud crimes, and they have put a 
groat number of dtiaans to death everywhere without 
aecnsation or the finm of a triaL 

"They have invented a crime of unexampled hor- 
ror, in poisoning our water and fwoviiions, wnm they 
were conquered by General Pineto at La Pai, and in 
letum for the kindness with which he treated them, 
after they had auirendered at discretion, thev had the 
barbarity to blow up the headquarters, under which 
they had conatructed a mine, and prepared a train be- 

" He has branded us with the stigma of rebels the 
moment he returned to Madrid ; he refhsed to listen 
to our complaints, or to receive our supplications; 
and as an act of extreme fiivor,heofifored us a pardon. 
He confirmed the Viceroys, Governors, and Generals, 
whom ho found aetueUy glutted with carnage; he de- 
clared ua guilty of a high misdemeanor, lor having 
daied to frame a c(mstitntion for our own govem- 
Ment, free from the control of a deified, abeolute, and 
^ranpicaJ Power, under which we had groaned three 
anenriee— a measure that could be oflensive only to 
a Priaee, an enemy to justice and b e neficence, and 
consequently unworthy to rule over us. 

•* He than undertook, with the aid of his Ministers, 
to equip large military armaments to be directed 
against ua. He has caused numerous armies to be 
lent out to consummate the work of devastation, fire, 

** He has sent his (Generals, with certain decrees of 
pardon, which they publish to deceive the ignorant, 
and induce them to facilitate their entrance into 
towns ; whilst, at the same time, he has given them 
other secret instructions, authorizing them, as soon as 
thqr Aeuld get possession of a place, to hang, bum, 
eoniscate, and sock ; to encourage private assassina- 
^MBSi and to commit eveiy species of ini uiy in their 
ftmn against the deluded beings who had confided 
in his pretended pardon. It is in the name of Ferdi- 
MDd of Bourbon, that the heads of patriot officers, 
priaonera; are fixed up in the highways, that they beat 
and stoned to dea^ a commandant of light tioop% and 
that, after having killed Cokmel Camugo, in the same 
Banner, l»y the handi of the indecent Centeno, they 
cut off hia head, and sent it as a present to General 
Pesuela, telling him it was a mirade of the Virgin of 
the CarmeUtea." 

In the atubliahment of the indepeadeDce of 
Spanish America, the United States have the 
dcepcat interest. He had no hesitation in assert- 
iag hia firm belief, that there was^o question, In 

the foreign pollc]r of this country, which fatd 
eTer arisen^ or which he could coDceiTt as erer 
occurring, in the decision of which we had to 
much at stake. This interest eoncemed o«r 
politics, our commerce, our narigation. There 
could not be a doubt that Spanish America, onee 
independent, whaterer might be the form of the 
gOTemments establbhed in iu seyeral parts, thoae 
gorernments would be animated by an American 
feeling, and guided by an American policy. They 
would obey the laws of the system of the New 
World, of which they would compose %_part, in 
contradistinction to that of Europe. Without 
the influence of that Tortex in Bqrope, the bal- 
ance of power between its several parts, the pre- 
serration of which had so often dreoched Europe 
in blood, America is sufficiently remote to con- 
template the new wars which are to afflict that 
quarter of the globe, ax a calm^ if not a cold and 
iodififerent. spectator. In relation to those wars, 
the several parts of America will generally stand 
neutraL And as, during the period when they 
rage, it would be important that a liberal system 
of neutrality i/hould be adopted and observed, all 
America will be interested in maintaining and 
enforeing such a system. The independence, 
then, of Spanish America is an interest of pri- 
mary consideration. Next to that, and highly 
important in itself, was the consideration of the 
nature of their governments. That was a quea* 
tion. however, for themselves. They would, no 
douDt. adopt those kinds of governments wnieh 
were best suited to their condition, best calcula- 
ted for their happiness. Anxious as he was that 
they should be free governments, we had no 
right to prescribe for them. They were, and 
ought to be, the sole judges for themselves. He 
was strongly inclined to believe that they would 
in most, if not all, paru of their country, esub- 
iish free governments. We were their great ez* 
ample. Of us they constantly spoke as of brothers, 
having a similar origin. They adopted our prin* 
ciples, copied our institution^ ana, in some in* 
stances, employed the very language and senti* 
ments of our revolutionary papers. [Here, Mr. 
C. read the following pass^ from the same m«i- 
ifesto before cited :] 

« Having, then, been thus impefled by the Span- 
iards and their King, we have calculated all the con* 
sequences, and have constituted ourselves hidepead- 
ent, prepared to exercise the right of nature to dsfrnd 
ourselves against the ravages of ^rranny, at the risk of 
our honor, our lives, and fiirtnne. We have sworn to 
the only King we acknowledge, the Bi^pveme Judge 
of the Worid, that we will not abandon the cause of 
lustice; that we will not suffer the country which he 
has given us to be buried in ruins, and inundated 
with blood, by the hands of the executioner/' dtc. 

But it is sometimes said that they are too 
ignorant and too superstitious lo admit of the 
existence of free government. This chaiga of 
ignorance is oAen urged by persons themselves 
actually ignorant of the real condition of that 
people. He denied the alleged fact of i^orance; 
he denied the inference from that fact, if it were 
true, that they wanted capacity for free govern* 

Digitized by 






SpaaM Ametiean Pi 


({ md be refosed bis atsest to the forther 
MMclttsioo, if the faet were true and the iDfer- 
•ooe just, that we were to be iDdiflbreot to their 
fiMe. Ail the writers of the most established mi* 
tbority, DepoBs, Humboldt, and othetv, conesr 
i» aMigpiaf to the people of Sjianish Ametioa, 
great quickaeflSj Renins, and particokr nptitode 
for the acQoisitioQ of the ezaet seienees, and 
others wbich they have been allowed to cnltirate. 
In attroBomy,geolofjr, mineralogy, chemistry, bot- 
any, dtc, they are allowed to make distiogiusbed 
woneieney. They jastly boast of their Absnte, 
Velasquez, and Qtma, and other iliastrioas eon- 
ttibiitors to scienee. They have nine Universi- 
ties, and in the city of Mexico it is affirmed, by 
Humboldt, thai there are more solid scientific 
establbhments than in any city even of North 
America. He would refer to the message of the 
Si^ene Director of La Plata, which he would 
jbereafibcr have oceaston to use for another pur- 
pose, as a model of fine composition of a State 
paper, challengiuff a comparison with any, the 
most celebrated that ever issued from the pens 
of Jeiiersoa or Madison. Gentlemen would egre* 
giously err if they formed their opinions of the 
nrcaent moral conditicm of Spanish America, 
fipom what it was under the debasing system of 
Spain. The eight years\ reTolodon m which it 
baa been engaged, has already produced a powers 
fttl effect. 

Education had been attended to, and genius 
developed. [Here Mr. C. read a passage from 
the Colonial Journal, published last Snmmer in 
Qreat Britain, where a disposition to ezaggemte 
on that side of the question could hardly be sup- 
poaed to exist.*] The fact was not, therefore, 
trie, that the impoted ignorance ezisud; but, if 
it did, he repeated that he disputed the inference. 
It was the doctrine of thrones, that man was too 
ignorant to gorern himselH Their partisans as- 
aert this incapacity in rafetence to all nations; if 
they cannot command universal assent to the 
proposition, it is then demanded as to particular 
nations; and our pride and our presumption too 
often m^e converts of us. Mr. C. contended 
tfcat it was to arraign the dispositions of Provi* 
deuce himself, to suppose that he had created 
beings incapable of governing themselves, and to 
be tcavy^ed on by kings. He contended that 
M^U-^vernonnt was the natural government of 
man, and he referred to the aborigines of our own 
land. If he were to speculate in hypotheses un- 
fitvoEahle to human liberty, his should be founded 
father Qpo« the vices, reioements, or density of 

"^'^As soon as the project of rsTolntion arose on the 
shores of La Plats, geniuc and tident exhibited their 
infioenee; the capacity of the people became manifest, 
and the means of aequiring knowledge was soon 
made the fiivoctte pursuit of the yoath. As ferae the 
wanii, or the inevitable interruption of alEun have 
attowad» eveiything has been done to dimciminsts ns^ 
ial infermation. The liberty of the press has indeed 
met with aome oeeasionsl checks; but in Bnenos 
Ayres alone as many peiiodieal works weekly issue 
£rom the press as in Spam and Portugal put together." 

population. Crowded together in compact mass- 
es, even if they were philoeophers, the oontagion 
of the passions is commuoieated and eaught,«ni 
the effect too often, he admitted, was the aver- 
throw of liberty. Dispersed over such an iflii*> 
meoee space as that on which the people of Span- 
ish America were spread, their pnysieal, and ha 
believed, also, their moral condition, both favorea 

With regard to their superstition, be said, the|' 
worshipped the same Qod; with us. Their pray- 
ers were offered up in their temples to the sam* 
Redeemer, whose intercession we expected t^ 
save us. All religions, united with Oovernmeni, 
were more or less inimical to liberty. All, sepa* 
rated £rora Government, were compatible w«th 
libertv. If the people of Spanish Ai]aeriea htai 
not already gone as far, in relifiotta t<Jei9atioa,aa 
we had, the differanoe in their eonditiMi wim 
ours should not be forgotten. Bverything wia 
progfesaive. And in time he hoped to see Ihem 
imitating, in this respect^ our example. But grant 
that the people of Spanish America are ignorant 
and incompetent for free government, to whom 
is that ignorance to be ascnbed ? Is it not to the 
execrable system of Spain, wbich she seeks again 
to establish and to perpetuate? So far from chil- 
ling our hearts, it ought to increase our solicitude 
for our unfortunate brethren. It ought to animate 
us to desire the redemption of the minds and the 
bodies of unborn millions from the brutifying e)^ 
fecu of a system, whose undency is to stifle the 
faculties of the soul, and to degrade man to ih# 
level of beasts. He would invoke the spirits of 
our departed fetthers. Was it for yourselves onl)r 
that you nobly fought? No, no. it was tha 
chains that were forging for your posterity ih«t 
made you fly to aruM, and, scaticving the el»> 
menta of those chains to the winds, you tranemili> 
ted to us the rich inheritance of liberty. 

The exports of Spanish America (exclusive of 
the islands) are estimated, in the valuable little 
work of M. Torres, deserving to be better known, 
at about eighty-one millions of dollars. Of these 
more than three-fourths consist of the precious 
metals; the residue are cocoa, coffee, cochineal^ 
sttffar, and some other articles. No nation ever 
offered richer commodities in exchange. It was 
of no material consequence that we produced but 
little that Spanish America wanted. Commerce^ 
as it actually exists, in the bands of maritinae 
States, was no longer confined to a mere baitai^ 
between anv two States, of their respective pao* 
ductions. It rendered tributary to its iatere^a 
the commodities of all quarters of the world. Bo 
that a rich American cargo, or the consents of a« 
American commercial warehouee. presented fim 
with whatever was rare or valuable in every part 
of the globe. Commerce whs net t6 be judgai 
by its results in transactions with one nation 
only. Unfavorable balances existinsr with one 
State are made up by contrary balances with 
other Sutes. And its true value should be tested 
by the totality of its operations. Our greatest 
irade^that with Qreat Britain— judged by thA 
amount of what we soid for her consumptioay 

Digitized by 





MW3B, i8ia 

Qpanitk Amencon PtvHueei. 


ai4 what we UMg bt of her for oars, woold be 
proBoaneed miaom. Bat the anfayorablt bal- 
Miee was eorered by the vrofits of trade with 
other natioBs. We may safely trust to the dar- 
ing aaterprise of oar merchaotSk The preeioos 
metals are in Sooth America, aad they will com- 
maad theartieks wanted io Soath Ameriea which 
will porebase them. Cor BaTigation will be ben- 
eUted by the traasportatioa, and oar coaatry will 
realise the mereaatile proits. Already the item 
ia oar exports of American manofactores is re- 
apectable. They go chiefly to the West ladies 
tod to Spanish Ameriea. This item is constant- 
ly aagmenting • And he woald again, as he had 
oa another occasion, aak gentlemen tcTelerate 
themselTes to the actaal importance and ffreat- 
aesa of our Republic ; to reflect, like true Amer- 
ican ataieemea, that we were not legislating for 
the present day only; and to contemplate this 
eoimtry in its march to true greatness, when rail- 
lions on millions will be added to our population, 
and when the increased prodoctiTe industry will 
fkmiah an infinite yariety of fabrics for foreign 
eoosuinptioa, in order to supply our own wants. 
The distribtuion of the precious metals has hith- 
erto been priacipally made through the circuitous 
channel of Cadiz. No one can foresee all the 
eiEeets which will result from a direct distribu- 
tion of them from the mines which produce them. 
One of these effiicts will probably be to Me us 
the entire command of the India trade. The ad- 
Tantage we bare on the map of the world over 
Europe, in that respect, is prodigious. Again, if 
Banana, persisting ia her colonial monopoly, 
continued to occlude her ports in the West Indies 
to us, and we should, as he contended we ought, 
meet her system by a countervailing measure, 
YencsueJa, New Grenada, and other parts of 
Spanish America, would afford us all that we net 
from the British West Indies. He confessed that 
he despaired, for the present, of our adopting that 
salutary measure. It was proposed at the last 
sessi on, and jpostponed* He saw, and he owned 
it with infinite regret, a tone and a feeling in the 
coaacils of the country infiniuly below that which 
belonged to the country. It was, perhaps, the 
mocal coasequeace of the exertions of the late 
war. We aie alarmed at dangers, we know 
not what, by spectres conjured up by our own 
▼if id imsgiaatioBs. 

The West India bUl is brought up. We shrug 
enr shoulders, talk of restrictwos, non-intercourse, 
eaibargQ, commercial warfare, make long faces, 
and— postpone the bilL The time will, however, 
non a e m ust come — when this country will net 
aobmit to a commerce with the British colonies 
upon the terms which England alone prescribes. 
And he repeated that, when it arrived, Spanish 
Aaaeriea would afford us an ample substitute. 
Then, ae to our navlg^ation, gentlemen should 
leeoUcet that, if reasoning from past ezperien<;e 
were safe, for the future our great commercial 
rival will be in war a greater number of years 
than she will be in peace. Whenever she shall 
be at war, and we are in peace, our navigation, 
bttBf free from the risks and insurance incident 

to war^ we shall engross almost the whole trana- 
portation of the Spanish American commerce. 
For he did not believe that that countr^r would 
ever have a considerable marine, hfexico, the 
most populous part of it, had but two ports. lin 
Vera Cruz and Aeapulco, and neither of then 
very good. Spanish America had not the ek^ 
meats to construct a marine. It wanted, and 
must always want, hardy seamen. He did nef 
believe that, in the present improved state of nat-' 
igation, any nations so far South would ever maher 
a figure as maritime Powers. If Carthage and 
Rome, in ancieat times, and some other States of 
a later period, occasionaUy made great eiEertioBs 
on the water, it must be recollected that they 
were principally on a small theatre, and in a to- 
tally different state of the art of navigation, er 
when there vras no competition from northcfn 

He was aware that, in opposition to the inter- 
est which he had been eodeavoriag to manifest 
that this country had in the independence of Span- 
ish AmeriM, it was contended that we shoold 
find that country a great rival in agricukural pro- 
ductions. There was something so narrow and 
selfish, and grovelling in this argument, if found- 
ed in fact, somethiag so unworthy the magnan- 
imity of a great and a generous people, that he 
confessed be had scarcely patience to notice it 
But it was not true to any extent. Of the eiffhty 
odd millions of exports, only about one million 
and a half consisted of an article which might 
come into competition with us, and that was cot- 
ton. The tobacco which Spain received from 
her colonies was chiefly produced in her islands. 
Breadstufis could nowhere be raised and brought 
to market in any amount materially afiectiag us. 
The Ubie leads of Mexico, owlaff to their eleva- 
tion, were, it b true, well adaptea| to the cuhaie 
of grain ; but the ezjpense and difficulty of getting 
it to the Gulf of Mexico, and the action of the 
iotei»e heat at La Vera Crus, the only port of 
exportation, must always prevent Mexico from 
being an alarming competitor. Spanish Aaaer- 
iea was capable of producing articles so much 
more valuable than those which we raised, that 
it was not probable they would abandoa a more 
profitable for a less ad vantaffcoos culture^ to conle 
into oompetition with us. The Weet India islanis 
were well adapted to the raising cotton ; and yet 
the more valuable culture of ccmee and sugar was 
consuntly preferred. Agaia: Providence had so 
ordered it, that with regard to countries ptedu- 
cing articles apparently similar, there was some 
peculiarity, resulting from climate^ from soil, er 
from some other cause, that gave to each an ap- 
propriate place in the general wants and consump- 
tion of mankind. The southern part of the con- 
tinent, La Plata and Chili, was too remote to 
rival us. m*:^.- 

The immense country, watered by the mmsm- 
sippi and its branches, had a peculiar interest, 
which he trusted he should be excused for notic- 
ing. Having but the single vent of NewOrleane, 
for all the surplus produce of their industry, it 
was quite evident that they would have a greater 

Digitized by 





H. or R. 

£|paitii4 AwiBrican Prtmncm. 

March, 1818. 

tecaritr for eojoying the adranUget of that out- 
let, if the iadependeoce of Mexico upon any Eu- 
ropean Power were effected. Such a Power, own- 
ing at the same time Coha, the great key of the 
Gulf of Mexico, and all the shores of that Ghiif, 
with the exception of the portion between the 
Perdido and the Rio del Norte, must hare a pow- 
•erful command orer our interests. Spain, it was 
true, was not a dangerous neighbor at present, 
but, in the Ticissitudes of States, her power might 
be affain resuscitated. 

Mr. C. continued — having shown that the 
cause of the patriots was just, and that we had 
« great interest in its successiul issue, he would 
next inquire what course of policy it became us 
lo adopt. He had already declared that to be 
one of strict and impartial neutrality. It was 
not necessary for their interest, it was not expe- 
dient for our own, that we should take part in 
the war. All they demanded of us was a just 
neutralitj. It was compatible with this pacific 
policy— It was required by it, that we should re- 
cognise any established Gh>Ternment, if there 
were any established Gtorernment in Spanish 
America. Recognition alone, without aid, wts 
no just cause of war. With aid it was, not be- 
cause of the recognition, but because of the aid, 
as aid without recognition was cause of war. 
The truth of these propositions he would main- 
lain upon principle, by the practice of other 
States, and by the usage of our own. There was 
no common tribunal among the nations, to pro- 
nounce upon the fact of the sovereignty of a new 
State. Bach Power must and does judge for it- 
self. It was an attribute of sovereignty so to 
judge. A nation, in exerting this incontesuble 
right — in pronouncing upon the independence in 
lact of a new State, takes no part in the war. It 

g'ves neither men, nor ships, nor money. It 
erely pronounces that in so far as it may be 
necessary to institute any relations or to support 
any intercourse, with the new Power, that Power 
is oanable of maintaining those relations and au- 
thoriziog that intercourse. — Martens and other 
publicisu lay down these principles. 

When the United Provinces formerly severed 
themselves from Spain, it was about eighty years 
before their independence was finally recognised 
hf Spain. Before that reeognition. the United 
' Previnces had been received by all the rest of 
Europe into the family of nations. It is true 
that a war broke out between Philip and Eliza- 
beihy but it proceeded from the aid which she 
determined to give and did give to Holland. In 
no instance he believed could it be shown, from 
authentic historv, that Spain made war upon 
any Power, on the sole ground that such Power 
had acknowledged the independence of the United 

In the case of our own Revolution, it was not 
until after France had given us aid, and had de- 
termined to enter into a treaty of alliance with 
a«— -a treaty by which she guarantied our inde- 
pendence, that England declared war. Holland 
also was charged by England with favoring our 
cause, and deviating from the line of strict neu- 

trality. And, when it was pereeived that she was, 
moreover, about to enter into a treaty with us, 
England declared war. Even if it were shown 
that a proud, haughty, and powerful nation, like 
England, had made war, upon other provincea, 
on the ground of a mere recognition, the single 
example could not alter the public law, or shake 
the strength of a clear principle. 

But what had been our own uniform practice t 
We had constantly proceeded on the principle, 
that the government de facto was that which 
we could alone notice. Whatever form of gov- 
ernment any society of people adopt ; whoever 
they acknowledge as their sovereign, we eoneider 
that government or that sovereign as the one 
to be acknowledged by us. We have iavariabl|r 
abstained from assuming a right to decide m 
favor of , the sovereign at jure, and against the 
severely de facto. That is a question for the 
nation m which it arises to determine. And, so 
is far as we are concerned, the sovereign de facto 
the soverei^p dejure* Our own revolution standa 
on the basis of the right of a people to change 
their rulers. He did not mainuin that every 
immature revolution — ev^ry usurper, before his 

Kwer was consolidated, was to be acknowledMd 
us ; but that as soon as stability and order 
were maintained, no matter by whom^ we always 
had considered and ought to consider the actual 
as the true Government. Gkneral Washington, 
Mr. Jefferson, Mr. Madison, had all, lyhiist they 
were respectively Presidents, acted on these prin- 

In the case of the French Republic, General 
Washington did not wait until some of the 
crowned heads of Europe should set him the 
example of acknowledging it, but accredited a 
Minister at once. And it is remarkable that he 
was received before the Government of the Re- 

{rablic was considered as established. It will be 
bund, in Marshall's Life of Washington, that, 
when it was understood that a Minister from the 
French Republic was about to present himself. 
President Washington submitted a number of 
questions to his Cabinet for their consideration 
and advice, one of which was, whether, upon 
the reception of the Minister, he should be noti- 
fied that America would suspend the execution 
of the treaties between the two countries until 
France had an established Government. General 
Washington did not stop to inquire whether the 
descendants of St. Louis were to be considered as 
the legitimate sovereigns of France, and if the 
revolution was to be regarded as unauthorized 
resistance to their sway. He saw France, in 
fact, under the government of those who had 
subverted the Throne of the Bourbons, and he 
acknowledged the actual Government. During 
Mr. Jefferson's and Mr. Madison's Administra- 
tions, when the Cortes of Spain and Joseph Bona- 
parte respectively contended for the Crown, thoee 
enlightened statesmen said, we will receive a 
Minister from neither party ; settle the question 
between yourselves, and we will acknowledge 
the party that prevails. We have nothing to do 
with your feuas; whoever all Spain acknowl- 

Digitized by 







9igw as her aoTereign, is the odIj soTer«ifi:ii 
with whom we can maintain any remtions. Mr. 
Jeffiffsott, it is nnderstood, considered whether 
he should not reeeire a Minister from hoth par* 
ties, and finally decided against it hecaase of the 
ineonveniences, to this country, which miffht 
resolt fiom the doohle representation of another 
Power. As soon as the French armies were ex- 
pelled from the Peninsula, Mr. Madison, still act- 
ing oa the principle of the goremment de faetOj 
receired the present Minbter from Spain. Dur- 
ing all the phases of the French €k>vernment— 
Republic, directory, Consuls, Consul for life, 
Emperor, King, Emperor ag^n, King---our Qor» 
emment has uniformly receiTed the Minister. 

If, then, there be an established Qoremment 
in Spanish America, deserring to rank among 
the nations, we were morally and politically 
bound to acknowledge it, unless we renounced 
all the principles which ought to guide, and 
which hitherto had guided, our councils. Mr. C. 
then undertook to bhow, that the united pror* 
iaces of the Rio de la Plata was such a Gbrem- 
nent. Its limits, he said, extending from the 
South Atlantic ocean to the Pacific, embraced a 
territory equal to that of the United States, cer- 
tainly equal to it, exclusire of Louisiana. Its 
population was abo,ut three millions, more than 
equal to ours at the commencement of our Rero- 
lotion. That population was a hardy, enterpris- 
ing, and gallant population. The establishments 
of MonteTideo and Buenos Ayres had, during 
different periods of their history, been attacked 
by the French, Dutch, Danes. Portuguese, Eng- 
lish, and Spanish; and sucn was the martial 
character oi the people, that, in erery instance, 
the atuck had been repulsed'. In 1807. General 
Whitloeke, commanding a powerful English army, 
was admicied, under the guise of a friend, into 
Boenoe Ayres, and, as soon as he was supposed 
to hare demonstrated inimical designs, he was 
driren bj the natire and unaided force of Buenos 
Ayres from the country. Buenos Ayres had, 
during now nearly dght years, been, in point of 
iMt. in the enjoyment of self-goremment. The 
camtal, containing more than sixty thousand in- 
habitants, has nerer been once lost. As early as 
1811, the Regency of Old Spain made war upon 
BoenoB Ayres, and the consequence subsequently 
was^ Che capture of a Spanish armr in Monte- 
Tideo, equal to that of Burgoyne. This Govern- 
ment Ins now in excellent discipline, three well 
appointed armies, with the most abundant mcUe- 
T%A of war ; the army of Chili, the army of Peru, 
and the army of Buenos Ayres. The first, under 
San Martin, has conquered Chili ; the second is 
penetrating in a Northwestern direction from 
Buenos Ayres, into the rice-royalty of Peru ; 
and, according to the last accounts, had reduced 
Che ancient seat of eminre of the Incas. The 
third remains at Buenos Ayres to oppose any 
force which Spain may send against it. To show 
the condition of the country in July last, Mr. C. 
again called the attention of the Conunittee to 
Se message of the Supreme Director, delir- 
end to the Congress of the United Prorinces. 

It was a paper of the same authentic character 
with the speech of the King of England on 
opening his Parliament, or the Message of the 
President of the United States, at the com- 
mencement of Conffress. [Mr. C. here read the 
following passages :J 

« The army of this c^kital was oiganiaed at the 
same time with those of the Andes and of the iate* 
rior ; the regular Ibioe has been nearly doubled ; the 
militia has made great progrsss in military disoipUae ; 
oar slsTe population has ^n formed into battalions^ 
and taught Uie military art as fiur as is eonnstent with 
their condition. The capital is under no apprehen- 
sion that an army of ten thonsand men can shake its 
liberties, and, should the Peninsnlsxians send against* 
us thrice that namber> ample pnmneii hss been 
made to receiTO them. 

^ Our navy has been fostered in all its branches. 
The scarcily of means, under which we labored until 
now, has not prerented us from undertaking very con- 
siderable operations, with reiqiect to the nattonal Tea- 
sels ; all of them haTO been repaired^ and others have 
been purohassd and armed for the defoace of par coasts 

and iiTen ; poTisions hare been made, should i 
sity require it, for armmg many more, so that the < 
my will not find himself seeare from our r^risab eren 
upon the oeean. 

« Our military force, at eTery point which it occu- 
pies, seems to be animated by the same sphit ; its tao- 
tios are uniform, and hsTe undergone a rapid improve* 
meat from the science of experience, which it has bor^ 
rowed from warlike nations. 

« Our ■ arsenals hsTe been replenished with arms, 
and a sufikaent store of cannon and munitioiis of war 
has been prorided to maintain the contest for many 
years ; and thui, after haTing supi^ed articles of erery 
descrifrtion to those districts, which hare not, as yet, 
come into the Union, but whose connexion with us 
has been only intercepted by reason of our past mis- 

** Our legions daily receiTe con^derable augmenta^ 
tions from new levies ; sU our preparations haTO been 
made, as though we were about to enter upon the 
contest anew. Until now, the vastness of our resources 
were unknown to us, and our enemies may contem- 

8 late, with deep mortification and despair, the present 
ourishing state of these provinces after so many de- 

'< Whilst thos occnpied in providing for our safoty 
within, and preparing for assaults from without, ether 
olyects of solid interest have not been neglected, and 
which hitherto were thought to oppose insurmoant* 
aUe obstacles. 

** Our system of finance had hitherto been ona foo^ 
ing entirely inadequate to the unfailing supply of our 
wants, and still more to the liquidation ^rf* the im- 
mense debt which had been contracted in former yean. 
An unremitted application to this subject has enabled 
me to create the means of satisfying Uie creditors of 
the State, who had aheady abandoned their debts as 
lost, as well as to deviM a fixed mode, by which the 
taxes mny be made to fidl equally and indirectlv on 
the whole mass of our popuUtion ; it is not Uie least 
merit of this operation, that it has been e»ctod in 
desjate of the writings by which it was attacked, and 
which are but little creditable to the intelligence and 
good intentions of their aathors. At no other period 
have the public exigencies been so punctually sup- 

Digitized by 






Spanish American Prcmincet, 

March, 1818. 

pUed, nor have more imporUnt works been under* 

**The people, moreover, have been relieved from 
many burdens, which being partial^ or confined to par- 
ticular classes, had occasioned vexation and disgust. 
Other vexations, scarcely less grievous, will, by de- 
grees, be also suppressed, avoiding, as far as possible, 
a reeurrence to loans, which have drawn after them 
the most fatal consequences to States. Should we, 
however, be compelled to resort to such expedients the 
leaders will not see themselves in danger of losing 
their advances. 

** Many undertakings have been set on foot for the 
advanoement of the general prosperity. Such has 
been the re-establishing of the college, heretofore 
named San Carlos, but hereafter to be called the Uni- 
on of the South, as a point designated for the dissem- 
ination of learning to the youth of every part of the 
State, on the most extensive scale, for the attainment 
of which object the Government is at the present mo- 
ment engaged in putting in practice every possible 
diltgenoe. It will not be long before these nurseries 
will flourish, in which the liberal and exact sciences 
will be cultivated, in which the hearts of those young 
men will be formed, who are destined, at some future 
dty, to add new splendor to our country. 

''Such has been the establishment of a military 
depot on our frontier, with its spacious magazine, a 
necessary measure to guard us from future dangers, 
a work which does more honor to the prudent fore- 
sight of our country, as it was undertaken in the mo- 
ment of its prosperous fortunes; a measure which 
must give more occasion for reflection to our enemies, 
than &ey can impose upon us by their boastings. 

** Fellow-citiiens, we owe our unhappy reverses 
and calamities to the depraving system of our ancient 
metropolis, which, in condemning us to the obscurity 
and opprobrium of the most degraded destiny, has 
town with thorns the path that conducts us to liberty. 
Tell that metropolis that even she may glory in your 
works f Already have you cleared all the rocks, es- 
caped every danger, and conducted these provinces to 
die flourishing condition in which we now behold 
them. Let the enemies of your name contemplate 
with despair the energies of your virtues, and let the na- 
tions acknowledge that you already appertain to their 
iflustrious rank. Let us felicitate omrselves on the 
Uessings we have already obtained, and let us show 
to the world that we have learned to profit by the ex- 
perience of our past misfortunes." 

Mr. Clat continaed— there wbs a spirit of 
bold ooDfidence runniug throaprh this fine State 
paper, which nothing bat conscious strength could 
commuDJcate. Their armies, their magazines, 
their finances, were on the most solid and respect- 
able footing. And, amidst all the cares of war, 
and those incident to the consoltdfttioa of their 
pewinstitatioDs, leisure was found to promote the 
interests of science, and the education of the rising 
generation. It was true, that the first part of the 
message portrayed scenes of difficulty and com- 
motion, the usual attendants upon resolution. 
The very avowal of their troubles manifested, 
however, that they were subdued. And what 
Stale, passing through the agitations of a great 
revolution J was free from themi We had our 
tories, our in trigues, our factions. More than onee 
were the affections of the country, a&d the con- 

fidence of our councils, attempted to be shaken in 
the great Father of our liberties. Not a Spaniah 
bayonet remains within the immense extent of 
the territories of La PlaU to contest theauthoritf 
of the actual Government. It is free — it is inde- 
pendent — it is sovereign. It manages the inter- 
ests of the society that submits to its sway. It is 
capable of maintaining the relations between that 
society and other nations. 

Are we not bound, then, upon our own princi- 
ples, to acknowledge this new Republic 1 If we 
do not, who will? Are we to expect, that Kings 
will set us the example of acknowledging the only 
Republic on earth, except our own? We re- 
ceive, promptly receive, a Minister from what- 
ever King sends us one. From the great Powers 
and the little Powers, we accredit Ministers. We 
do more : we hasten to reciprocate the compli- 
ipeni ; and anxious to manifest our gratitude for 
royal civility, we send for a Minister (as in the 
instance of Sweden and the Netherlands) of the 
lowest grade, one of the highest rank recognised 
by our laws. We were the natural head of the 
American family. He would not intermeddle ia 
the afiairs of Europe. We wisely kept aloof 
from their broils. He would not even interned- 
die in those of other parts of America, farther than 
to exert ihe incontestable rights appertaining to 
us as a free, sovereien, and independent Power; 
and, he contended, that the accrediting of a MIa- 

ister from the new Republic was such a f tg^^ 
We were bound to receive their Minister, if we 
meant to be really neutral. If the Royal beliifor- 
ent were represented and heard at our Qoven- 
ment, the Republican belligerent ought aleo to be 
beard. Otherwise, one party would be in ihe 
condition of the poor patriots who were tried ex 
parte the other day in the Supreme Court, with- 
out counsel, without friends. Give M.Onis his 
congi^ or receive the Republican Minister. Un- 
less you do so, your neutrality is nominal. 

Mr. C. next proceeded to inquire into the eoA- 
sequences of a recognition of the new RepobUc. 
Will it involve us in war with Spain? He hmX 
shown, be trusted, successfully shown, that it waa 
no just cause of war to Spain. Being no canae 
of war, we had no right to expect that war woall 
ensue. If Spain, without cause, would make w«l, 
she may make it whether we do or do aoc ae- 
koowiedge the Republic. But she woald not, ha- 
cause she could not make war against aa. Efe 
called the attention of the committee to a rep4M( 
of the Minister of the Hacienda to the King of 
Spain, presented about eight months ago. Anaon 
b^gariy account of empty boxes, Mr. C. aai4, 
was never rendered. The picture of Mr. Dallaa, 
sketched in his celebrated report during the iste 
war, may be con tern plated withoutemotion^aftar 
surveying that of Mr. Qary. The expenaea of 
the current year required 830^7,839 of reala, 
and the deficit of the income is repreeeated wm 
233,140.932 of reals. This, betidea an isaBmaie 
mass of unliquidated debt, which the Mioiater ae- 
knowledges the otter inability of the country to 
pay, although bound in honor to redeen it. He 
ttatea, that the rasaals of the King are totally ns- 

Digitized by 






^^pMtftti^ AuMTtttm i^ntvncf^ 


aUe to submit to «dj u»yf taxM, aad tko coantry 
18 without credit, so as to render anticipatioo by 
loaas wholly impFacticable* Mr. Gary appears 
to he a Tirtoous outu, who exhibits frankly the 
oaked truth ; and yet such a Minister acknowl* 
edges, that the decorum due to one single f«inil]f, 
that of the Monarch, does not admit, in this criti- 
cal eooditioo of his country, anv redoction of the 
enormous snm of upwards of 56,000,000 of reals, 
set apart to defray the expenses of that family ! 
He suies, that a foreign war would be the great- 
est of all calamities, and one which, being unable 
to provide for it^ they ouf ht to employ every pos- 
sible means to avert. He proposed some iucoo- 
aiderable coutribution from the clergy, and the 
whole body was instantly in an uproar. Indeed, 
Mr. C. had do doubt, that, surroimded as Mr. 
Qary was, by corruption, by intrigue, and foUy, 
and imbecility, he woula be compelled to retire, 
if he had not already been dismissed, from a pest 
for which he had too much integrity. It had been 
BOW about four years since the restoration of Fer- 
dinand ; and if, during that period, the whole en- 
ergies of the monarchy had been directed unsuc- 
cessfnll V aninst the weakest and most vulnerable 
of all the American possessions, Venezuela, how 
was It possible for Spain to encounter the diffi- 
culties of a new war with this countrv ? MoriUo 
had been sent out with one of the nnest armies 
that had ever left the shores of Europe-— consist- 
ing of ten thousand men, chosen from all the yet- 
erans who had foughf in the Peninsula. It had 
subsequently been reinforced with about three 
thousand more. And yet, during the last Sum- 
mer, it was reduced, by the sword and the cli- 
mate, to about four thousand effective men. And 
▼ene2oeia, contafniog a population of only about 
one million, of which near two-thirds were per- 
sons of color, remained unsubdued. The httle 
Island of Margaritta, whose population was less 
than twenty thousand inhabitants^a population 
fighting for liberty with more than Roman valor 
—had compelled that army to retire upon the 
main. Spain, by the late accounts, appeared to 
be deliberating upon the necessity of resorting to 
that measure of conscription, for which Bona- 
parte had been so much abused. The effect of a 
war with this country would be to insure success, 
beyond all doubt, to the cause of American in* 
dependence. Those oarts even, over which Sj[Min 
lias some prospect of maintaining her dominion, 
would probably be put In jeopardy. Such a war 
would be attended with the immedate and cer- 
tain loss of Florida. Commanding the Gulf of 
Mexico, as we should be enabled to do by our 
BnvT; Mockadiag the port of Havana, the port of 
La Verm Cruz, and the coast of Terra Pinna, and 
tkrowrw munitions of war into Mexico, Cuba 
would TO menaeed-*^Mexico emancipated — and 
MoriHo's army deprived of supplies, now drawn 
prineipally from this country throiigh the Ha- 
vana, compelled to surrender. The war, he verily 
beliered, would be terminated in less than two 
years^ supposing no other Power to interpose. 

Will the allies interfere? 11^ by the exertion 
of an unquestionable attribute of a sovereign 

Power, we should give no jusc cause of war to 
Spain herself, how could it be pretended that we 
should furni^ even a specious pretext to the allies 
for making war upon us ? On what ground could 
they attempt to justify a rupture with us, for the 
exercise or a right which we hold in common 
with them, and with every other independent 
Slatal But, we have a surer guamniee against 
their hostility, in their interests. That all the 
allies, who have any foretgn commerte, have an 
interest in the independence of Spanish Ameri- 
oa, was pertotly evident. 

On what ground, Mr. C. again asked, was ft 
likely, then, that they would 8upi>ort Spain, hi 
opposition to their own decided interest? To 
crush the spirit of revolt, and prevent the prog^ 
ress of free principles? Nation^ like inditidu^ 
als, do not sensibly feel and seldom act upon 
dangers which are remote, either in time or place. 
Of Spanish America, but little is known by the 
great body of the population of Europe. B ven of 
this country, the most astonkhing ignorance pre- 
vails there. Those Ewopeon statesmen who 
were acquainted with the country would reflect, 
that, tossed by a great revolution, it woukl most 
prolmbly constitute four or five several nations, 
and that the ultimate modification of all their 
various Governments was by no means absc^otdy 
certain. But, Mr. C said, he entertained no doubt 
that the principle of cohesion among the allies 
was gone ; it was anathilated in the memoraMe 
battle of Waterloo* When thequeetion wa& whe- 
ther one should engross all, a oommon uaager 
united all. How long was it, eren with a clear 
perception of that danger, before an effective coa- 
nti<m could be formed! How often did one 
Power stand by unmoved and indifferent to the 
fate of its neighbor, although the destruction of 
that neighbor removed the only barrier to an 
attack upon itself 1 No; the consummation of 
the cause of the allies was— and all history and 
all experience would prove it— the destruction of 
tha allianee. The principle was totally changed. 
It was no longer a common struggle against the 
colossal power of Bonaparte, but it became a 
oommon swambk for the spoils of his Empire. 
There may indeed be one or two points on which 
a common interest still exists— euch as the con- 
renienee of sufcabting their armies on the ritals 
of poor, suffaring France-^ut, as for action — for 
new enterprises— there was no principle of unity ; 
there pould be no accordance of iaterests or of 
views among Uiem. 

What was the condition in which Europe was 
left, after all its efforu ? It was divided into two 
great Powers— one having the undisputed com- 
mand of the land, the other of the water. Paris 
was transferred to St. Petersburg, and the navies 
of Europe were at the bottom ot the sea, or con- 
centrated in tha ports of England. Russia— that 
huge land anunai, awing by the dread of her vast 
power all continental Rurope— was seeking to 
eneonipass the Porte, and, constituting herself the 
krmken of the ocean, was anxious to lare her 
enormous sides in the more genial waters of the 
Mediterranean. It was said, he knew, that she 

Digitized by 






Spanish American Provinces. 

March, 1818. 

had indicated a disposition to take part with Spain. 
No such thing. She had sold some worm-eaten, 
decayed, fir-built ships, to Spain, but the crews 
which narigated them were to return from the 
port of delivery, and the quid she was to get, be 
belieyed to be the Island of Minorca, in confor- 
mity with the cardinal point of her policy. 
France was greatly interested in whatever would 
extend her commerce and regenerate her marine, 
and consequently, more than any other Power of 
Europe, England alone excepted, was concerned 
in the independence of Spanish America. He 
did not despair of France, so long as France had 
a legislative body, collected from all its parts — 
the great repository of its wishes and its will. 
Already had that body manifested a spirit of con- 
siderable independence ; and those who were con- 
rersant with French history, knew what mag- 
nanimous stands had been made by the Parlia- 
ments — bodies of limited extent — against the 
Royal prerogative, would be able to appreciate 
justly the moral force of such a legislative body, 
while it exists, the true interests of France will 
be cherished and pursued, on points of foreign 
policy, in opposition to the pride and interests of 
the Bourbon family ; if the actual dynasty, im- 
pelled by this pride, should seek to subserve these 

England finds that, after all her exertions, she 
is everywhere despised on the Continent; her 
maritime power viewed with jealousy ; her com- 
merce subjected to the most onerous restrictions ; 
selfishness imputed to all her policy. All the ac- 
counts from France represent that every party. 
Bonapartists, Jacobins, Royalists, Mod6r6s, Ul- 
tras, all burn with indignation towards England, 
and pant for an opportunity to avenge themselves 
on the Power to whom they ascribe all their 
disasters. [Here Mr. C. read a part of a letter 
which he had just received from an intelligent 
friend at Paris, and which composed only a 
small portion of a mass of evidence to the same 
effect, which had come under his notice.] It was 
impossible, he said, that with Powers, between 
whom so much cordial dislike, so much incon- 
gruity existed, there could be any union or con- 
cert. Whilst the free principles of the French 
Revolution remained; those principles which 
were so alarming to the stability of thrones, there 
never had been any successful or cordial union ; 
coalition after coalition, wanting this spirit of 
imion, was swept away by the overwhelming 
power of France. It was not until after those 
principles were abandoned and Bonaparte had 
erected on their ruins his stupendous fabric 
of universal empire— not, indeed, until after 
the frosts of Heaven favored the cause of 
Europe, that an effective coalition was formed. 
No, said Mr. C, the complaisance inspired in the 
allies, from unexpected if not undeserved suc- 
cess, might keep them nominally to|[ether ; but, 
for all purposes of united and combined action, 
the alliance was sone ; and he did not believe in 
the chimera of their crusading against the inde- 
pendence of a countrr whose liberation would 
essentially promote all their respective interests. 

But the question of the interposition of the 
allies, in the event of our recogoisilig the new 
Republic, resolved itself into a question whether 
England, in such event, would make war upon 
us? If it could be shown that England would 
not, it resulted either that the other allies would 
not, or that, if they should, in which case Eng- 
land would most probably support the cause of 
America, it would be a war without the mari- 
time ability to maintain it. He contended that 
England was alike restrained by her honor and 
by her interest from waging war against us, and 
consequently against Spanish America also, for 
an acknowledgment of the independence of the 
new State. England has encouraged and fo- 
mented the revolt of the colonies as early as June, 
1797. Sir Thomas Picton, Qovernor of Trini- 
dad, in virtue of orders from the British Minister 
of Foreign Affairs, issued a proclamation, in which 
he expressly assures the inhabitants of Terra 
Firma that the British Government will aid in 
establishing their independence.* In prosecution 
of the same object Great Britain defrayed the 
expenses of the famous expedition of Miranda. 

England, in 1811, when she was in the most 
intimate relations with Spain, then struggling 
asaiust the French power, assumed the attitude 
of a mediator between the colonies and the Pen- 
insula. The terms on which she conceived her 
mediation could alone be effectual were rejected 
by the Cortes at the lowest state of the Spanish 
power. Among these terms England required 
for the colonies a perfect freedom of commerce, 
allowing only some degree of preference to 
Spain; that the appointment of Viceroys and 
Governors should be made indiscriminately from 
Spanish Americans and Spaniards; and that the 
interior government, and every branch of public 
administration should be intrusted to the CabUdo 
or Municipalities, d^c. If Spain, when Spain 
was almost reduced to the island of St. Leon, 
then rejected those conditions, would she now 
consent to them, amounting, as they do, substan- 
tially to the independence of Spanish America? 
If England, devoted as she was at that time to the 
cause of the Peninsula, even then thought those 
terms due to the colonies, would she now, when 
no particular motive exists for cherishing the 
Spanish power, and after the ingratitude with 
which Spain has treated her, thine that the col- 
onies ouffht to submit to less favorable condi- 
tions? And would not England stand disgraced 
in the eyes of the whole world, if, after having 

* The following is the passage read : ** With regard 
to the hope you entertain of raising the spiriti of thos^ 
persons with whom you are in correspondence, towards 
encouraging the inhabitants to resist the (^pnanve 
authority of their (Government, I have little more to 
say than that they may be certain that whenever thev 
are in that dispoeitiony they may receive at your hanos 
all the succors to be expected from His Britannic Ma- 
jesty, be it with forces or with arms and ammunition 
to a^ extent; with the assurance tiiat the views of 
His Britannic Majesty go no farther than to secure to 
them their independence." 

Digitized by 





BiiBCH, 1818. 

Spankh, Amariean Prtmimcm^ 


abetted and excited a revolutioa, she slioald now 
attempt to reduce the colonies to UDconditionai 
sabmissioD, or should make war upon us for ac- 
knowledging that indepeDdence which she has 
herself sought to establish ? 

No guarantee for the conduct of nations or in- 
diridnals ought to be stronger than that which 
honor imposes; but for those who would put no 
confidence in its obligations, he had an argument 
to urge of more conclusiTe force. It was founded 
upon the interest of England. Excluded almost 
aa she is from the Continent, the commerce of 
America, South and North, is worth to her more 
than the commerce of the residue of the world. 
That, to all Spanish America, had been alone 
estimated at fifteen millions sterling. Its aggre- 
nte Talue to Spanish America and the United 
States might be fairly stated at upwards of one 
hundred millions of dollars. The effect of a war 
with the two countries would be to divest Eng- 
land of this ffreat interest, at a moment when 
she is anxlousif engaged in repairing the rarages 
of the European war. Looking to the present 
moment onlV, and merely to the interesu of 
commerce, Bfngland is concerned more than eren 
this country in the success of the cause of inde- 
pendence in Spanish America. The reduction 
of the Spanish power in America has been the 
constant and iiiTorite aim of her policy for two 
centuries; she must blot out her whole history; 
rererse the maxims of all her illustrious states- 
men ; eztinj^uish the spirit of commerce which 
animates, directs, and controls all her movements, 
before she can render herself accessary to the sub* 
jogation of Spanish America. No commercial 
advantages which Spain might offer her by treatv 
could possess the security for her trade which 
independence would communicate. The one 
would be most probably of limited duration, and 
liable to violation from policy, from interest, or 
from caprice. The other would be as permanent 
as that independence. That he did not mistake 
the views of the British cabinet, the recent proc- 
lamation of the Prince Regent, he thought, 
proved. The Committee would remark that that 
document did not describe the patriots as rebels 
or insurgents, but, using a term which he had no 
doubt had been well weighed, it declared the 
existence of a ^ state of warfare." And with re- 
gard to Snfflish subjects, who were in the armieis 
of Spain, although they had entered the service 
without restriction as to their military duties, it 
required that they should not take part against 
the colonies. The subjects of England freely 
supplied the patriots with arms and ammunition, 
and an honorable friend of his (Mr. Johrsoii} 
had just received a letter from one of the West 
India islands, suting the arrival there, from Eng- 
land of the skeletons of three regiments, with 
many of the men to fill them, destined to aid the 
patriou.^ In the QnarftfHy i?meip, of November 
last, a journal devoted to the Ministry, and a 
work of the highest authority, as it respecu their 
views, the policy of neutrality is declared and 
supported as the true policy of England ; and 
that, even if the United States were to uke part 

in the war; and Spain is expressly notified that 
she cannot and must not expect aid from Eag^ 
land.* In the case of the struggle between Spam 
and her colonies, England, for once at least, had 
manifested a degree of wisdom highly deserving 
our imitation, but unfortunately the very reverse 
of h^j course had been pursued by us. She had 
so conducted, by operating upon the hopes of the 
two parties, as to keep on the best terms with 
both ; to enjoy all the advantages of the rich 
commerce of both. We had, by a aeetrality bill 
containing unprecedented features; and stiU 
more by a late EzecuUve measure, to say the 
least of it, hi doubtful Constitutional character, 
contrived to dissatisfy both parties. We had the 
confidence of neither Spain nor the colonfes. 

Mr. C. said, it remained for htm to defend the 
proposition which he meant to submit, from an 
objecuon whkh he had heard intimated, that it 
interfered with the duties assigned to the Bxeen- 
tive branch. On this subject he felt the greetest 
solicitation; for no man mote than himself re- 

rted the preservation of the independence of 
several departments of Qovemmeat, in the 
Consututional orbits which were prescribed to 
them. It was his favorite maxim that each, aet- 
H^S within iu proper sphere, should move with 
Its Constitutional independence, and under its 
Constitutional responsibility, without influ«ice 
from any other. He was perfectly await, Chat 
the Constitution of the United States, and he 
admitted the proposition, in its broadk^t tense, 
confided to the Executive the reception, and the 

'"In arguing, therefore, for the advantages of a 
strict neutrality, we must enter an early protest against 
any imputatioDs of hostility to the cause of genuine 
fi'eedom, or of any passion for despotism and the in- 
quisition. We are no more the panegyrists of legiti- 
mate aufhoiity in all times, circumstanoes, and situa- 
tions, than we are advocates for revolution in the ab- 
stract,'' dtc «* But it has been plausibly asserted, 
that by abstaining firom iaterfeieiice hi the affiurs of 
Seuth America we are suireodering to the United 
States all the advantages which nught be seemed to 
ourselves from this revolution ; tiiat we are alMisting to 
increase the trade and power of a nation which alooe 
can ever be the maritime rival of England. It appeal* 
to us eztreiaely doubtful whether any advantMe» eoai» 
merdal or political, can be lost to ^"gUtnd by a neu- 
tral conduct; and it must be observed that the United 
States themselves have given oTezy public proof of 
their intention to pmsue the same line of policy. Bnt^ 
admitting that this conduct is nothing more than a 
decent pretext ; or admitting, still fiirther, that they 
win afibrd to the independents direct and open assist- 
ance, our view of the case would remain precisely the 
same," Ac. ** To persevere in force unaided, is to mis- 
calculate hn (SpiSn's) own resources^ even to hifatu- 
ation* To expect the aid of an ally hi such a cause 
would, if that al^ were England, be to suppose this 
count]^ ss forgetml of its own past history as ef its 
immediate interests and duties. Far better would it 
be for.49pain, instead of calling for our aid, to profit by 
our experience; and to substitute, ere it be too late, 
ibr eflbrts like those by which the North AaMfkan 
colonies were lost to this countiy, the conciliatory 
messures by which they might have been retained." 

Digitized by 



maaxm of ooRCOSBSt. 




Makob, 1810. 

dtpvUtioa of MJBtsieffs. Bat in roUUoB to tbe 
latter openttioo, CoBgr«M bad a eoneiirreiit will 
in tbe powtr of proTiduig for tbe payment of 
tbeir •aJaries. Tbe instnimsat nowbere said, or 
iflnplied, tbat tbe EzeoQtife act of seodiag a 
Miokter to a foreign country tboold preeede tbe 
kfislatire act wbicb Bball proride for tbe pay- 
ment of kis salary. And, in point of foot, oor 
statatory code was fall of emmples of legislatire 
aotioB prier to EzacntiTe aetien, both in relation 
to tbe deputation of a^ente abroad, and to tbe 
snbjeotHBatter of treaties. Porbaps tbe aet of 
sendiAg a Minasier abroad, and tbe act providing 
for tbe allowanoe of kis salary ougbt to be sim- 
qIumoos; bat if, in tbe order of precedence, 
tbere were more reason on tbe one side tban on 
Ibe otber. be tbovgbt it was in faTor of tbe pri- 
ority of tbe lemslative act, as tbe safer deposiianr 
of power. Wben a Minister is seat abroad, at 
tbavif b tbe Legislature may be disposed to tbink 
lUs mission useless, altbongb, if previously con^ 
suited, tiiey would bare taid tbey woqM not con- 
sent to pay sBcb a Minister, tbe doty is delicate 
and painful to refuse to pay tbe salary promised 
10 bim wbom ibe Ezecutiye bas even unneees- 
sariiT sent abroad. Mr. C. illustrated bis ideas 

Sr Ibe eiisting missions to Sweden and to tbe 
etberladids. He bad no hesitation in saying, 
tbal i( we bad not Ministers of tbe first ^ade 
tbere, and if tbe Legislature were asked, prior to 
seadiag tbem, wbetber it would consent to pay 
Ministers of tbat grade, tbat be would aot, sod be 
belief ed Congress would not, consent to pay tbem. 
If it be uryed tbat, by arowinf our wiliiDgoess, 
in a legislatire act, to pay a Minister not yet 
sent, and whom tbe President may tbink it im- 
proper to send abroad, we operate upon tbe Pres^ 
ident by all tbe force of our opinions it may be 
retorted tbat wben we are called upon to pay 
any Minister, jent under sinular eircumsianoes, 
we are op«rated u pon by all tbe force of tbe Pko- 
ident's opinion. Tbo true tbeory elf our Gk>vern» 
maat at least supposes ymt eacb of tkf two do- 
pa tt ma nis . nciinf on its proper Conatitniieual 
MMOBiibilky, will deeida ueoonHng to its best 
Indgmeni, under all tbe Of rourostanoes of tbe case. 
Mwe ms(ke tbo pretiouo appropriaiioo, we aet 
ufou UMr Constitutional reBfNMistbiifty, and tbe 
PMsideuc alUrwards will proceed tipon bis. And 
so if he make tbe prerious appointment. We 
bare a rtgbt aAer a Minister is sent abroad, and 
we are caTlea upon to pay bim, and we ougbt to 
deliberate upon tbe propriety of bis mission — we 
mav and ougbt to grant or withhold his sali^. 
If this power of deliberation is eonceded subse- 
quent to tbe deputation of tbe Minister, it must 
exist prior to tbat depuutioo. Whenever we so 
deliberate, we deliberate under our Constitutional 
responsibility* Pass tbe amendment be proposed, 
and it would be passed under tbat responsibility. 
Then ibe President, when bo deliberated on tbe 
propriety of tbe mission, would aot under bis 
Cottstitutional responsibility, fiaeb branch of 
Qerernment, moring in its proper sphere, would 
aot with as much freedom for the influence of the 
, other as was practically attainable. 

Tbere was great reason, Mr. C. contended, 
from the peculiar character of the American 
Qovernment, in tbere being a perfect understand- 
ing between tbe legislatire and Executive branch- 
es, in relation to the acknowledgment of a new 
Power. Bverywbereelse tbe power of dedaring 
war resided with tbe Executive. Here it wis 
deposited with the Legislature. If, contrary to 
bis opinion, tbere were even a risk tbat tbe ac- 
knowledgment of a new State might lead to war, 
it was advisable tbat tbe step should not be 
taken, without a previous knowledge of tbe will 
of the war-msking branch. He was disposed to 
give to the President all tbe confidence which be 
most derive from tbe unequivocal expression of 
our will. This expression be knew might be 
given in tbe form of an abstract resolution, de- 
claratory of tbat will ; but he preferred^ at this 
timf, proposing an act of practical legislation. 
And if be had been so fortunate as to communi- 
cate to tbe Committee, in aoytbing like tbat de- 
gree of strength in which be entertained themi, 
the convictions tbat tbe cause of tbe patriots was 
just j tbat tbe character of the war, as waged by 
Spain, sbonld induce us to wish them success; 
that we had a great interest in tbat success ; that 
this interest, as well as our neutral attitude, re- 
quired 08 to acknowledge any established Qor- 
ernmeot in Spanish America; that the united 
provinces of the river Plata was such a Govern- 
ment ; tbat we might safely acknowledge its in- 
dependence, without danger of war from Spain, 
from tbe allies, or from England ; and tbat, with- 
out unconstitutiooal interference with tbe Exec- 
utive power, with peculiar fitness, we might ec- 
press, in an act of appropriation, our sentiments, 
leaving him to the exercise of a just and respon- 
sible discretion, he hoped the Committee would 
adopt the proposition which' lie now had tbe 
honor of presenting to them, after a respectful 
teader of bis acknowledgments for their attention 
and kindness, during, he feared, the tedious pe- 
riod be bad been so unprofitably trespassing upon 
their patience. He offered the following amensl- 
ment to the bill: 

** For one year's salary, and an outfit to a Minister 
to the United Pronnces of ths Rio de la nsta, tlie 
sslmiy to commence, and tbe outfit to be paid arhen- 
erer the President shall deem it expedient to send a 
Minister to tbe said United Phmnce% a enm not ok* 
ceediag eigbteoi thousand doHars." 

When Mr. Clat bad concluded, 

Mr. FoBSYTH said, tbat before entering into 
the examination of the subject before tbe Com- 
mittee, he would detain tbem for a moment by 
a remark or two on a suggestion that had follea 
from the Speaker, so remotely connected with 
tbe question, that be should probably forget it if 
he omitted to notice it then. It had b^n said 
tbat Ministers were sent from the United States 
to all the crowned beads in Europe who bad 
Ministers here, A Charge d'Aflaires to tbe Uni- 
ted States was reciprocated by a Minister Plen- 
ipotentiary to tbe Court from whence he camCi 
and the Cfourts of Sweden, Holland, and Prussia^ 
bad been particularly named. The last is one 

Digitized by 



mBTDRT OF covaEBse. 



jspantfii AmtrMMM /tommm* 


to ^rhitii « MiBlfter wts expeet«d to be sent, par- 
tienlar iBAMrmatioQ of wbich fact Mr. F. was 
topiNMed to ponett. But for this personal alia- 
sioii ko shoald not bare ielt bimselr eompelled to 
rofer to this tol^eet .[Mr. Clay explained.] Mr. 
F. miderstood perfeetlj well tbat there was no 
QttfrieBdlf spirit in the remark, it was ao allasion 
to an t?ent whieh was eipeeted to occur, but 
vpofi what foaadalion he bad been at a loss to 
eoDJeetare. Certain it was, be had no intima- 
tioa that this or any other diplomatic appoint-^ 
■Mat wo»ld be offnred to him, and it was equall]r 
eeriaia that he had not solicited any. An idle 
raaoff was ia circnlatioa tbat he was to be sent 
abroad^ where, the persons circolating it, had not 
detarmtned. He hoped to be consulted as to the 
flaoe of exile, whea ne was to be sent into hon- 
orable banishment. The Administration bad not. 
ho believed, determined to send a Minister to 
Fraasia. of aajr grade. There was a mistake as 
to the net. in the ease of Holland. The Cbr- 
onmoot of the Netherlands had sent a Minister 
of the flrtr grade to the United States, befbre Mr. 
Svacis went to the Hague. At present there was 
ooly a Charg6 here, and it was altogether prob- 
iMe tbat the interest of the United States would 
sot require a representatire of a different char- 
aeter ia the Netherlands. The appointments to 
Ae Hague and to Sweden, bad been made by 
Mr. Madison, under circumstances requiring 
thorn. ' With regard to Sweden, the motive for 
the original appointment was well known. It 
woe uMide at a period when, from the peculiar 
aitiiatioQ ^of Europe, Sweden was an important 
Power. She was the key-stone of the arch of 
the great ooafederation against France, and it 
was part of our policy at that period to stand well 
with aJi the Powers m the north of Europe. The 
restoration of peace certainly rendered this mis- 
sion of minor importance ; and when the Minis- 
ter of the United States came home, it was not 
Sieeted that he would acain return to fix his 
eial residence at Stockholm. Why he re- 
mmed to Sweden was as wellJniown to the hon- 
oraUa Speaker as to any member of the House. 
Mr. F was eoafideat that he would not remtin 

Was the importance of the amendment pro- 
posed to be esdmated by the interest it excited, 
mad the extraordinary manner in which it had 
boon presented^ few subjects of equal magniifude 
bad e?er been submitted to the decision of the 
Natiooai Legislature. Tbat the deep interest 
fok ia the fate of the measure, was not confined 
to those who were to decide upon it, was appa- 
rent from the crowded benches of the Hall and 
the orerflowing gallerv. For ourselves, the 
Throoo of Gksee had been that morning ad- 
dressed to purify our hearts and enlighten our 
Uttderstaodings for its correct decision. Every 
oae most be struck by the whimsical contrast 
between the real and factitious importance of the 
proposition. To judge from the extraordinary 
exertions of the Speaker, from the ground over 
whieh he travelled and the variety of objects 
noticed by him, it would seem he believed it 

worthy of tife exertions of all his industry, abil- 
ity, and enthusiasm — that the freedom and hap- 
piness of eighteen millions of people were, in 
truth, involved in its decision. Mr. F. had ia vain 
'tasked his imagination to discover that such con- 
sequences could follow from it. He could not 
perceive the miraculons influence of appropriat- 
ing eighteen thousand dollars for an outfit and , 
salary for a Minister to La Plata, to commence' 
when, in the discretion of the President, a Min- 
ister should be sent to that Government. All 
the facts stated by the Speaker might be admit- 
ted, the arguments founded upon them might be 
considered as conclusive, stili the amendment 
proposed ought not to be adopted. How obvious, 
then, must l^ the propriety of rejecting it, when 
the facts were disputable and the reasoning incon- 
clusive. Admitting the independence of La 
Plata to be established ; that it was the right and 
the duty of the United States to recognise that 
independence ; that war with Spain or any other 
Power would not follow ; that our interest and 
our honof' required this step to be taken — still the 
amendment ought to be rejected. If recognition is 
made, it is to be done in the United States. We 
are to acknowledge their Independence ; to send 
a Minister to La Plata is to ask them to acknow- 
ledge ours. A Minister must be sent to, and ac- 
credited by this GK)vemment. It had not as yet 
appeared tbat the Qovernment of La Plata de- 
sired or expected us to make such an acknowledg- 
ment ; at least no one with requisite authority 
was known to have been sent to this country for 
the purpose of asking such a favor. Another 
objection, not less obvious, was presented by the 
Constitutional division of the powers of the Qov- 
ernment. Heretofore the President and Senate 
were left to the exclusive management of the 
foreign intercourse of the United States. Min- 
isters were received from other Powers, and sent 
from this country to other Qovernments, with 
whom political or commercial interest required 
us to negotiate, and the House of Representa- 
tives coatented itself with its Constitutional 
cheek upon the eiercise of this authority; satis- 
fied tbat they could at all times prevent its im- 
provident exertion by withholding appropriations 
from those missions, the public interest did not 
require. This, however, proposes a new system | 
this House, instead of checking, is nude to stim- 
ulate the Executive to a further extension of 
its patronage. This new system miight have its 
coaveniency, but these would be found on exam- 
ination to be personal conveniences to aspiring 
and designing members of the Legislative body, 
at the expense of the general welfare. The sug- 
gestion that, under the present extraordinary cir- 
cumstances of the world, the expression of the 
public opinion by the Kepresentatives of the 
people ought to precede the movements of the 
Executive, was not entitled to the weight which 
was given to it. The President does not require 
to be told that the Representatives of the people 
who selected him to preside over their Gbvern- 
ment, are prepared at all times, and at everv haz- 
ard, to do their duty. He dare not doubt that he 

Digitized by 



msioBT OF ooMaomeL 


H.of E« 

apanM A^neriean JPra9i$ie$§^ 


wilt be sapported in erery nieftsur«' the interest 
and honor of the nation require him to adopt. 
Were it really true that the Executire Magis- 
trate had discovered a criminal indifference on 
this subject, Mr. F. said he would be among the 
most eager to express such an opinion in the only 
form in which an opinion could be expressed, by 
a resolution of the House — boldly and openly 
declaring its dislike of the course which had been 
pursued,and recommending the necessary change. 
The amendment to an appropriation bill in the 
formjpro]x>sed did not convey such an opinion. 
The President might conjecture that such was 
the intention of the Legislature ; yet, even while 
forming this conjecture, it would be necessary for 
him to look beyond the act to the motives as- 
signed to those who advocated it. As a measure 
of ordinary policy the proposition was inadmis- 
sible: as an extraordinary measure it was inde- 
fensible. It was recommended as a bold, inde- 
pendent, manly expression of the public senti- 
ment, pheinff the Hous^ of Representatives in 
the front rank in the march of the Gk>vernmeot 
on a dangerous and untried field ; it was. in reali- 
ty, unmeaning and insignificant in its character; 
and while it proceeds by hinting to the President 
the course be should pursue, it warily shelters 
the House from all responsibility for the conse- 
quences behind the Executive discretion. If our 
interference is neceesary, let us act efieetually ; 
.marking the steps necessary to be taken, and ta- 
king the responsibility for the result— claiming 
all the honor, and bearing all the disaster. Let 
us not at least pretend to five the Executive a 
discretion already possessed, thus diminishing his 
resjponsibility without adding to our own. 

Mr. F* could not but remark an apparent con- 
tradiction in the address of the Speaker on this 
subject of the declaration, made a few days since 
in a discussion of the bill reported by the Com- 
mittee on Foreign Relations. He had censured 
with much asperity the patience discovered by 
the Government in its correspondence with the 
Spanish Minister, and thanked his Qod that he 
did not possess that Job*like attribute. In the ad- 
dress of yesterday we were told that he was op< 
posed to war with Spain— would do no net which 
would give her just cause of war — would not 
violently seixe any of her possessions. It would 
seem that, impatient as the honorable Speaker 
majr be at the situation of the dispute with Spain, 
he is not disposed to do any act calculated to 
bring it to an immediate determination. The 
difference between the Administration and him- 
self^ is, that they would wait with patience, and 
he impatiently, the change in the Spanish coun- 
cils. The honorable gentleman would pardon 
the notice of a species of inconsistency in the 
course he wished to pursue. He believed that 
Spain ought to be pressed ; that the moment was 
peculiarly fortunate, and ought not to be lost. 
How was this pressing to be made? By argu- 
ment? That had been tried in vain. Certainly 
not. By threau never intended to be executed ? 
The character of the Speaker forbids such a sup- 
position. Not by war ; that had been diKlaimed. 

Not by any means that would gire Spain j«eti> 
fiable cause of war. These also had been reieet- 
ed. It was difficult to imagine how the object 
was to be accomplished, unless a subsequent sof* 
gestion furnished a key to the mystery. H« 
would take the step in relation to the Spanisk 
colonies, we might rightfully take, and leare 
Spain to do as she thought proper. If she eon* 
tinned to refuse to do us justice, the important 
question of peace or war was then to be decided. 
If Mr. F. understood the policy recommended, it 
was to do rightfully all we could to tempt Spaiai 
to declare war against us ; and if we failed in all 
these, then we would declare war against Spain. 
Thus, while disclaiming all idea of war, the 
Speaker looked constantly to that issue. The 
sources of temptation were in the dispute with 
her colonies; we were first to recognise then, 
what follows is easily foreseen* The motive for 
this abandonment of our own quarrel, to engage 
in war on accoont of the Spanish Afieriean gov- 
ernments, was the apprehension; if we movei 
in our own case, we should be justly charged witk 
a thirst of affgrn^dizementr-expite the jealoaty. 
perhaps the hostility, of some other Power, and 
enjoy the sympathy of none. If an interferenoe 
with Spanish affairs is the ground of dispute, we 
shall have the sympathies of the world on our aidot 
and excite neither jealousy nor hostility in any of 
the nations of Europe. Mr. F. believed, with the 
Speaker, that the present was an auspicious mo- 
ment for a settlement of the Spanish controversy ; 
that it ought not to be suiEsred to escape, fie 
was not for war, but for such a movement, in oer 
own dispute, as would place the means of indem- 
nity in our possession, as should enable the Qor- 
ernment to do justice to its injured citizens, 
whatever might be the future condition of the 
Spanish monarchy. It was war if Spain choose 
to consider it so ; it was short of war if she de- 
sired to remain at peace. The jealousy or hos- 
tility of foreign Powers could not be reasonably 
excited by such a course. Sympathy was out of 
the question. No Ejoropean Government felt it 
for the United States : they do not fear our power, 
but they dread our example ; they do not appro* 
hend danger from our physical strength, but 
tremble at the moral influence of our institutions. 
The course of the Speaker was the one best cei- 
culated to excite all their jealousies and hostiU* 
ties ; to confirm an > idea, opain had been at aU 
times exerting herself to enforce, that we were 
the cause of the disturbances in her possessioBSi 
the aiders and abettors of her revolting «abject*| 
and on ail occasions ready to sow discord among 
the subjjecu of Princes, and to jeopardixe the 
safety of the colonial dependencies of European 
Powers. War with Spain was no bucbear to 
him ; but, if it was commenced, it shoiud be in 
our own quarreL and should not be mixed with 
baser matter. The Administration occupied the 
middle ground between the Speaker and himself 
probably the safest and most congenial to the 
wishes and the interests of the people. There 
was one point on which there would be no dia- 
pute between them; the policy of the Gover«- 

Digitized by 





IObch, 181& 

S^ptmM Amme^m> PrwmuB^ 


meat was by each of them preierred to the policy 
reeommeAded by the other. Mr. F. was. how- 
ever, justified, by the opioioD of the Speaker, io 
belieying that a war would not be the coosequeoce 
or either project. " Spain would not, and could 
not, declare war against us, from the state of her 
finances, aod the ruin of her resources.'' The 
wisdom of the two plans was, therefore, \o be 
tested by the benefits which we would or should 
derive from comjilete success, without the hazard 
of a contest for either. 

The amendment was advocated as a recogni- 
tion of the independence of La Plata. The ar- 

8ument of the honorable mover was directed to 
lis point; and Mr. F. was well aware that one 
question was frequently arffued, and another de- 
cided, and that the vote on the decision was some^ 
times determined on the meriu of the question 
discussed. Considering it as an open proposition 
to recognise, he was content to meet it, and' that 
it should succeed or fail on the propriety of refu- 
ting or making an immediate recognition. Where 
was the motive for this step ? What beneficial 
consequences will flow from it to La Plata or the 
United States? What benefits, commercial or 
political, will accrue ? The commerce between 
the people of this Qovernment and that of the 
revolutionary La Plata, was free and unresuained. 
Our citizens eigoyed all that theyaskedin theporu 
of Buenos Ay vea, and the people of La Plata were 
adxnilted to all the rij^hu aiM hospitalities that 
ate shown to any foreigners in the waters of the 
United States. ArmS) ammunition, all the pro- 
duet of ottf agciouiture and industry, that their 
waats may req«ire, ate freelv piifdMaed and 
uanaported in their own or American vessels, 
without debkj or molestation. Their vessels, 
aimed and equipped for war, are admitted with- 
out scruple into our ports and treated with a kind- 
ness they have but too frequently abused. Are 
there any important political results to proceed 
ftom this step to either party ? To us there cer- 
tainly are none ; to them the only possible ad- 
Timtaee would be the probability that our example 
would be followed by the rest of the world. Mr. 
F. spoke on the suopoaition that ne war with 
Spam was produced by this act. Our recognition 
was beuer. calculated to ezcixe the jealousy and 
prejudice of des^tie Qov«ni meats against this 
a^w Power, than to prodoee a similar recognition 
m their chums to a place in the family of natioBs ; 
batter calculated to produce a eombinatiea oC 
fbaMtic power, \o their rain, than a friendly aid 
m the acoompiiskmetti of t^eir indepeiidence* 
Thu aoknowledgmeat was useless te them palk- 
ImUj and commercially. All the practical ben- 
efts arising from it, were enjoyed so long as we 
eobstdered their independence as existing witfa- 
cmt pronouncing a decision upon that point dis- 
puted by them with Spain. Where was the 
motive to be found to justify this improvident 
hurry to the useless acknowledgment of a Qovem* 
ment whose independence depended wholly upon 
itaown exertions? That could not be aided in 
its ^rnpess by suah a dedaraiion^ upWss aceoo- 
paniadiby substtmtial a^d ) aaaid even the saugvioe 
15th Con. Ist Sbss. — 48 

gentleman from Kentucky did not propose to 
give. It was said, however, that we ought to be 
tne first to acknowledge a sister Republic. If we 
did not who would % With more than ordinary 
diligence, Mr. F. had endeavored to find the free- 
dom and liberality in the frame and institutions 
of this new Qovernment, which would entitle it 
to this name. He had sought for them in vain* 
There was a Congress aod a Supreme Director ; 
a Con^ss, the Speaker has said, chosen some* 
what like our own. Mr. F. would have rejoiced 
to learn in what this resemblance consisted. If 
the Congress were chosen by the people, he had 
been deceived by the Outline of the Revolution 
in Spanish America ; a work to which he refer* 
red on the recommendation of the Speaker. The 
sole resemblance was in name. The Governmem 
of La Plata was a military despotisin, like the 
Republic of France in the days of the Coasulatsw 
but destitute of its order, strength, and stability. It 
the resemblance was perfect, and the Government 
and people of La Plata worthv to be ranked by 
our side in the community or nations, still thin 
inutility of such an acknowledgment is a satis*^ 
&ctory reason for refraining from it. 

Mr. FoBSYTH thouffht he might safely leav« 
the question to the judgment of the Committee^ 
after showing that the most powerful reeommen* 
dations of the amendment were, that it was un- 
meaning and harmless. But he considered it a 
duty to examine more at large the various in* 
duoements oflered by the Speaker to insure its 
success. Mr. F. knew and felt the dancer to 
which he exposed himself by this oourse-^that he 
would be assailed as an enemy to liberty, dbc^ 
Exertions had been made to prepare the public 
mind for such impressions against all those who 
thought with him on this subject. Notice had 
been given from this city, and was now ringing 
through the Western country, that questions 
were to be broneht into view^ by whose decision 
the people would be able to discriminate between 
those who were just and unjust to the patriot 
eause^between the friends and the enemies of 
freedom. Such considerations had no influence 
upon his conduct. He who was deterred by an- 
ticipated censure, or threatened calumny, Crona 
the performance of any duty, was not worthy ta 
represent a free peopk — to preside even in the 
most subordinate sphere over the movements of 
a mighty empire, Careless of the motives whiab 
might be imputed to him, he should proeeed to* 
show that the Speaker had offered no siAcient 
inducement to justify his proposal in the originy 
progress, or character, of the revolution in Span* 
ish America ; that it is not demanded by our com- 
mercial or political interest in th^ great struggla 
between Spain and her former dependencies; that 
while he admitted it was the right of the Uniud 
States, it was not a duty to recognise the new 
Government ; that it could not be done without 
the danger of war with Spain; and that it was 
not sufficiently demonstrated that Buenos Ayaes 
had established, and would mainuin, a free aod 
iiulepttdent Qovernmenu In tracing the origtu 
of the revolution, the Speaker had carried us 

Digitized by 





H. or R. 

SpanUh American Ptr^trincee. 

Maeoh, 1618. 

btek to the first inrasioo of Mexico and Peru, to 
the days of Cortez and Pizarro, of Montezuma 
and Atahualpa. From that period be had ^iven 
a faint outline of the cruel, selfish, monopolizing, 
and debasing policy of Spain to her American 
dependencies — foreign and inter-colonial inter- 
course forbidden to h^r subjects in those magnifi- 
cent and fertile regions of tne earth ; the pursuits 
of agriculture directed by the narrow policy of 
an unjust Gorernment ; the soul itself debased 
to the purposes of oppression by municipal regu- 
lation. It was a gloomy picture of a sad reality ; 
a faithful representation of nature, drawn by a 
master's hand. The policy was but too truly 
characterized, and its success was as complete 
as its character was atrocious. It had oeen 
pursued with undeviating steadiness, until the 
horrible contrast was exhibited of a people the 
most debased, in the midst of the fairest re- 
gions of the globe ; man, the master-work of cre- 
ation, with intellect enerrated by despotism, and 
aottl withered by superstition, surrounded by the 
most sublime and stupendous' monuments of in- 
animated nature. Was the origin of the re?ola- 
tion to be found in this systematic oppression ? 
It would be looked for here in vain. To use the 
language of the Speaker. Spain would ha?e suc- 
ceded in continuing this system but for the 
transactions of Bayonne. The puerile ambition 
of Napoleon was the foundation of the South 
American struggle. The Old World was con- 
Tulsed ; eighteen millions of people were agitated 
in the new, by his childish desire to have a King 
of the new dynasty on the throne of Spain; by 
his siHy anxiety to substitute the Bonapartes for 
the Bourbons, over all nations dependent upon 
his colossal power. Was this great event hailed 
with joy by the Spanish Americans? Was the 
glorious opportunity of breaking their chains 
seized with avidity? Far, very far, from it. 
They were stunned by this unexpected occur- 
rence; stnpified by the dreadful alternative of 
self-government, or submission to French rule. 
Like the unhappy man long immured in the gloom 
of a prison, they had been so looff deprived of his 
glorious liffht, that the beams of the blessed sun 
were hateful to their eyes. This fortunate event 
was considered a national calamity, to wiiich 
there was no alleviation but the opportunity it 
afibrded to discover their unshaken loyalty and 
blind devotion to the cause of their adored King. 
Their resources were devoted to his service. The 
•ole difficoltjr was to find, during his imprison- 
ment, a substitute for the royal authority. The 
laws, and customs, and frame of Govern ment, in 
other respects, remained without change; the 
muoicipaltties, haciendas, audiencias, ^c, all the 
sibordinate machinery, continued in its accus- 
tomed place, and performed its accustomed opera- 
tions ; and, although the necessity of additional 
exertion produced a greater vigor of character 
and boldness of thought in the heads of the Gov- 
ernment, the great mass remained unaltered in 
habits, opinions, and desires. Bogland, covering 
the peninsQla of Spain and Portugal with her 
a'rmtes, and, the enemy of France, procuring, 

without difficulty, the great object of her long eon- 
tinoed soiieitode — a free commerce with Spanish 
America. Juntas were established upon the same 
principles as the Juntas of Spain, and war with 
the Junta of Spain was occasioned by the refusal 
of Spanish America to acknowledge that they 
were the legitimate repository of the royal power 
in both hemispheres. The unhappy lano was 
rent by internal factions, in which the people 
were the instruments of designingambition. The 
leading men disputed for the honor of being the 
royal substitute, none for the glory of establishing 
a free Government, founded upon the principlea 
of justice and equality, whose basis was the power, 
wboee object was the happiness of the people. 
The most bold, and successful, and honorable ex- 
ertion, for the formation of a liberal €h>vernmeiit, 
was made in Venezuela. But this new Gk>veni- 
ment was overturned by an earthquake in 1812. 
The misguided people were induced to believe 
that this awful visitation was the immediate con' 
sequence of their conduct, the just judgment of 
an angry God upon the revolution, and those who 
promoted or favored its success.* 

* <*After many months of continued dtbates, the 
RepresentatiTet of Venesuela ofiered, for the approba- 
tion of the people, on the 2dd of Dscember, 1811, the 
promised constitution. It formed avolame, divided 
uto nine chapters. In the first, the Reman Catholic 
religion is proposed as that of the 8tate. In the sec- 
ond, it is proposed that the General Gengress should be 
divided into two Hooses— that of the Etepresentativee 
and the Senate ; to be jointly invested with the power 
of declarinf war, making peace, raising armies, dbc ; 
the election of the Hepresentatives to be made hf 
electoral colleges, and that of the Senate by the pio- 
vincial legislatures. The third chapter treats of the 
Ezecntive power, which was to be confided to three 
persons, to be chosen b^ the electoral colleges; and 
these persons were to be mvested with power to nom- 
inate generals for the army, and to appoint officers to 
whom the administration and collection of the public 
revenue were to be intrusted, &c The fourth chap- 
ter describes a supreme court of justice, which was to 
decide on civil end criminal questions in matters con- 
cerning the Federal compacts ; likewise the trial bj 
jury, &c The fifth determines the limits of the pro- 
vincial authorities, the mutual guarantee of the pro- 
vinces to each other, and that Quayana and Maracai- 
bo should be admitted into the Federation as soon as 
they were Iree from Spain. The sixth and eeventii 
propose that the constitution should be revised, and 
receive the aanction of the people. The eighth dedaiea 
the sovereignty of the people---lhe rights of man in so- 
ciety — that foreigners of any nation whatever should 
be admitted into Venesuela, provided they would re- 
spect the national religion; ihat the use of tortore 
should be abolished, dtc. The ninth and last is de- 
voted to general subjects ; treats of promoting the civil- 
isation of the Indians, and declaring the mulattoea and 
pardos eligible to any employment whatever in the 
State; likewise of confirming the abolition of the slave 
trade, as decreed by the supreme junta of Caraccas 
on the 14th Julf, 1810. 

<' In imitation of the United States of America, the 
Oongreas set apart a territory, in which the antborities 
of the conMeration wete to reside; the town of ▼•• 

Digitized by 





March, 1818. 

Spafdih American thromncet. 

H.Of It. 

It might be imagined thtt th« principles of 
political, eiTi). and religions freedom had been 
deTeloped in the progress of the rerolntioa ; the 
present state of It would diseoTer how far the 
people of Spanbh America had improved in the 
snowled^ of their personal rights, and their de- 
termination to maintain them. In Mexico the 
cop test was at an end ; at all times of a doubtfol 
iasne, the last rajr of hope was extinguished bj 
the death of the gallant and unfortunate Mina. 
This disastrous termination of the struggle was 
Bof produced by the successful exertion of the 
power of Old Spain ; it was effected by the efforu 
of a people who formed a large portion of the 
eighteen millions of men who were represented 
as contending in the glorious cause of freedom. 
In Caraccas, a san«^uinary, and dreadful, and, at 
best, a doubtful contest was maintained with the 
modern AIra, by the imitator of bis cruelty,Boi- 
iTar. La Plata and Chili had better prospects of 
success; and all our sanguine hopes are fixed 
upon them. Thus, of the eighteen millions of 
people, for whom our sympathy is demanded, 
more than thirteen millions are the contented 
slayes of the Spanish authority ; and it was the 
madness or stupidity of Ferdinand, that pre?ent- 
ed the Tolontarv return of all to their ancient 
thraldom. A decree of oblirion for the past 
would have reinstated the Spanish power^ if it 
had been promulgated by Ferdinand on his res- 
toration to the throne. Mr. F. rested this opinion 

Itncia was fixed upon* and the Congress there held its 
SBiikn in thebegtatttDgof March, 1819* 

••AH pcoepered in VenwiieJs at that time; the Oev- 
srament was respsctod ; the militafj force suffident to 
spppoft ity and the pnblio mind was onanimoos. Com- 
BMToe was in some dsgrse floarishiog, and Vsoesaslst 
wishing to promots that with England, a reduction of 
foni per 6enU was made in the costom-house duties in 
IsTor of English mannfactares. Three thousand meo» 
aiidsr the command of General Moreno, were on the 
banks of the Oronoco^ leadT to cross that riTsr, and 
attack the royalists in the atf of Gnsyana or Angos- 
tua, whose inhaUtants had, on many occasions^ 
eiriiioed their indinatian In favor of the new Go?em- 
BMAt, bat were checked by the Spaniards from pub- 
ttely d e ds ying this indinaliDn. Colonel Xalon, with 
OBS bsittalion of good troops, was stetioned at Bsrqai- 
simels, apposing the royalists of Core might attsmpt 
Mk attack on that nde. Bat, alas! short ia YensMs- 
la was the | i n ii i isiii n of this piosperi^ ! 

''QalhsSethof March, 181S, bsSween fiwr and five 
P* M«y VsBsmela was visitsd by one of thoee tremen* 
dtoose earthgnskss whidi from time to time ruin whole 
provinees. Daring a minute and fifteen seconds the 
earth was conTobed in STery direction, and nearly 
Iwen^ thoosand persons foil Yictims. The towns of 
Caraocas, Ltgaayra, Mayqoetia. Merida, and San 
Felipe, were toUUy destroyed. Bsrqnisimeto, Valen- 
eia. La Vittoria, and others, soflered considerably. 
This catastrophe happened on Holy Thnisday, a day 
when cTery Christian church peculiarly commemorates 
the sufferings of our Messed Redeemer, and at the very 
hoar when the people were crowding into the churches 
to attend the prooesdons which are usaal in Roman 
OaiheUe countnes, and to see ths rsp r esentatlon of our 
r led to the cross. Troops are placed on suafa 

upon the authority of a work to which he had 
before referred, the Outline of the Rerolution in 
South America. In the conclusion of that work 
it is said " the return of Ferdinand mtRht bare 
' brought with it the return of peace. The peo* 
' pie were tired of war ; the leaders of the rerolu* 
' tion disappointed in their Tiews; a large body 
' of the people in a state of apathy or indiSerenca ; 
* and, what was still more important, the rener- 
< ation attached to the name of Ferdinand atili 
' existed, though, in some degree, diminished*'' 
This Tcneration was conrerted Into a dread of 
his resentment, by the mission of Morillo and his 
sanguinarv suite. Mr. F. trusted in Hearen that 
this act or royal madness would meet with its ap- 
propriate punishment, in the total subversion of 
his western empire; that thus compelled to con- 
tinue a resistance to the Spanish voke, that the 
people would acquire what experience and suf- 
fering had not yet taught them, the knowledge 
of their strength, and the means of using it to the 
establishment or a Gk>Ternment similar to ours. 
Such were his ardent wishes, not his confident 
expectations. That the independence of all, or 

Sortions of the southern continent would, at no 
istant day, be achieved, could not be doubted ; 
to what extent civil liberty would be esublished, 
was matter of speculation. Opinions more or 
less favorable, would be formed, accoraiag to the 
sanguine or cautious temper of the judge. In 
the origin and progress or the revolutJou, them 

oocadoBs at the entrance of the ohurchei^ to follow the 
procession ; and many churches, and the principal bai^ 
racks at Caraeoas, beiag thrown down, there was a 
considerable number of soldisrs kiUsd, and many thou- 
sand persons CKOshed under thdr ruins. The anns 
and ammunitioa destined for the defonoe of the conn* 
try were buried in a similar manner ; and what was 
worse, an unoomiuerabls snemy to the independence 
of y enexuela seemed to raise ita head from among the 
ruins^-that rdigious prejudice which the earthquake 

<* In an era leas remarkable, a mere convulsion of 
nature would have had no influence on a new Govern- 
ment; but, notwithstandhig the prosperity Veneauda 
then enjoyed, the seeds of discontent had fdlen on one 
dassof the community. The principles which formed 
the bads of tiie new constitution were democratloa^ 
and it had been neoessanr to deprive the dergy of eeoM 
of their privileges, which of course created enal^ in 
thdr minds to the pressat Govsmmsat lamsdWdy 
aftsr the earthquake the priasta prodakaed the* thn 
Almighty condemned the reidotian, and theyde* 
nooneed his wrath on all who fovored it. They een^ 
stmsd into a manifestation of the Dtviae d i s a iae sw a 
ths oocurrsnce of the earthquake on Hdy Tharsds|r» 
because the revolution had commenced on that foso* 
val; dthough it was not the anniversaiy» for thisfossi 
is nmveable, and is celebrated on a difibrent day every 
year. Thev made the people foncy that hdl was open- 
ing to swallow them. 

** Such was the effect at this time of religious enthu- 
siasm! Unprejudiced persons were undoubtedly not 
of the number; but these were few, compared wWi 
the host they had to resist; whidi, av^ing itself of 
the general oonstsmation, biassed the public ofinSott 
I in fovor orthoSpaaish Gevemment." 

Digitized by 






^^n(8h American Prafrince$^ 

Makch, 1818« 

WM DO indu^eaienC to an act of doubtfal policy. 
Blit opr sympathy was deiaanded for thus great 
aaiue, in character so like that of our ReToUptioo, 
ftynpathv for the people of the South was uni* 
TersaJly lelt, and might be indulged, without 
SQfuple, Id wishes and io hopes ; but, when it was 
apade the fouodatioo of an attempt to precipitate 
toe adoption of a favorite measure, it was neces- 
sary to examine how far it was justly inspired. 
That the cause of the colonies was just, and that 
they were entitled to the good wishes of all man- 
kina ii^ their contest with Spain, was unquestion- 
able; but we are ez|)ected to feel and indulf;e a 
deeper sympathy, arising from the alleged simi- 
larity of their situation and that of the United 
States in 1776, from a congeniality of feeling, 
o^iaions,aad pursuits^ between the Spanish Ame- 
neans and our predecessors. The honorable mem- 
ber from Kentuclf:v had solemnly invoked the 
departed spirits ot our ancestors to give him 
atrenjith and ability to vindicate a people con- 
tending in a cause as glorious as that in wbich 
t^y bad been engaged. An invocation to those 
iUustrioijus shades to pardon a profanation of their 
aahesi by this odious comparison, would have 
bf tier, become him ; and if the inhabitants of the 
(Hber world are permitted to interest themselves 
im the transactions of thia life^ they would, no 
daiubi, ind) in the purity of his intentions, the 
Siotive for this forgiveness. Was not the com- 
parison odious ? In what consisted this boasted 
lesemblanee? They are colonies, contending to 
beittdepead^t of the parent CQuatry — ao wefe 
we ; here tl^ eesemblance ceases. Io the motives 
of the coAtests, in the causce whieb prodaeed 
tbtm, in their means, and in their ends, there is 
contrast, not resembknce. We asserted, vindi- 
cafed, maintained, and improved oar rights, po- 
litical, civil, and religious. We saw oppression 
as it approached us; remonstrated with firmness 
against injustice; discussed with calmness the 
extent of our obligations and the nature of our 
rigtits. With a perfect knowledge of the doubt- 
ful issue of a contest with our powerful^ proud, 
and ambitious stepmpther, we encountered its 
perils and pursued it with virtuous steadiness, 
|U9^il QUI triumph was af signal as our modera- 
tion bad been cpnspicaony. They wese opprcased 
and cont^nted^ manacled a^d reftoncilod tq their 
•bl^jaa, until accident compelled them to invol^ 
imtary exertions. P^tieu independence was 
•aat«pon than, and is now; the soIb object of 
eoatinoed resisianeeu If human rights are ••- 
enrt d by success, it i»an onlooked for^ unexpoeied 
ooi^ieqaence; ao unknown good, a result not de- 
sii^ by those wlio were to derive its benefits. 
Political independence was, with us, the means 
lor the accomplishment of our object. With us 
it was emphatically a war of the people. The 
Government organized to conduct it was estab- 
lished hj them. In the oumcrous changes of the 
persons in power, it was the immediate and reg- 
d|||^ expression of their will, that elevated or 
depilmed the candidates for their eoi^fidence* 
To^Confederati^ik % rope o^ sa^^ l^d tenacity 
and strength enoiig^i^ bJi^ 4^1^01^ totget^fiiMia 

anion was necessary to success. During the 
contest, the military was completely subordinata 
to the civil power. With them, the first and the 
last movements in the contest were made with- 
out consulting the will of the people, and no 
means have yet been afibrded by which it can be 
effectually expressed. They have neither agency 
in the manageiooent of, nor control over, the acts 
of the Government, created for them. Revolu- 
tion has succeeded revolution. Ever)r change of 
rulers has been produced bv a change in the form 
of substitution for the roval authority. The civil 
has been at all times subordinate to the military 
power. There was an equally striking dissimi- 
larity in the manner in which the wars were 
conducted. With us, with the exception of some 
personal, intestine, and bloodjr feuds between 
Whig and Tory, it was carried on with the 
strictest regard to the laws of honorable and civ- 
ilized wartare ; no instance occurred of the death 
of the unresisting by the command of any officer 
in the public service. It must not be forgotten 
that ample justification was given by the British 
armies for a contrary system. The massacre of 
Paoli and the murder of Hayne were still fresh, 
in the recollection of all. But, while burnig£ 
with resentment for these atrocious deeds, we did 
not forget what was due to our character, and 
dishonor our reputation by following a horrible 
example. The cofd-Uooded massacre nerved the 
aroas and steeled the hearts of our soldiers in the 
hour of conflict, but the etj of mercy never was 
raised in vain by a Tanqnished foe. Wiien the 
ffallant Hayne was barbaroualy eaceeuted bv m 
British officer, wboee present rank vnd subse- 
quent achievements could not remove the stain 
of this sanguinary act from his character, the 
deep indignation of the nation was excited. A 
gallant officer was selected to pay with bis life 
for the cruelty of his country. But the sacrifice 
was never made, and the gallant and generous 
officer was reserved to perish in defending the 
reputation of thai people, by whose forbearance 
his life, forfeited by the injustice of his country, 
was sp^red. ^u F. would not be understood tp 
call in qc^stion the justice of the retaliatory sy^ 
teni. of exteraaaatioq adopted by tbe Stuintfli. 
Ameticausy Up beUered tb^( the dieadM eK*> 
ample was set by the Boyalists, a^d titp lesjMt xa 
it was justifiabk, and perbapa essential to aee^r. 
rity and succesa. A'^ "« propaaed b«r tjiia eaamp 
inatiion vraa to show, what was highly bouoiabie 
to his own countrymen, that a iesevt to sue4 a 
system was not made by them under the stroagesC 
tempcatioDs, and under eircunstances whiek 
would have fully justified it. 'Pfae conq^rison 
was made to show the exalted character of our 
own conteift, not excite prejudice against that of 
neighburing nations. 

ff the sanguine temper of the S^peaker had de- 
luded km into a belief so derogatory to the cba-. 
racter of his own country, it was not surprising, 
that he should have erred in estimating tbe com<»* 
mercii^ ^^^ political intj^rje^i; of th^ Unijtei^9tate§^ 
intJ^SotulvA^cafLMfngfl^* TiiA;w4(h»X«y 
Ik d#f p in^art s| 10: the Mie oi SpMiish Amemik 

Digitized by 



mmom OF ooN#ti£ss. 


Marob, 1818b 


oo«1d not WdMied ; b«t it wmv movcl iitetatt-^ 
the inuveat whidi nan l^lt (pr the conditioki of 
Hma in all qaartert of 1I10 world. Whatever 
ttay be the ehaDget that may take ]plaee from the 
Rio Braroto Gape Horn, 00 OMenHally fareiaUe 
alteration oaa be pvodooed in the eat4nt of onr 
oovUmeroe^ In the mnrity or stabiliiy of our pe^ 
litieal institiitiene. Bpanlih Amerien wonU aflord 
to us bat a triitncportioa of her eif htr-one «itl- 
iions of exports, with tbe exeeption of her mtn* 
eral prodactions, her expbrts were of the same 
Itiad with the eaporto of this eoonirj: the great 
aiaplee were eottoa, tobaeeo, rioe, breadstofld, 
hemp,d^.; her imports, European aaannfaetares^ 
Mr. P. would not ase as an argument the arri« 
caltQfal rivahy that might enirae^ under a differ'^ 
ettt state cf things, to indiiee a wish that the pre- 
sent eonditloa ef Spaoish Ameriea might con- 
tinue ; but he would uee it to deoionstrate the 
fhllaoy of the opinion that our eommerclal piioe- 
peritj would be gr^tlf inereafsed by the expected 
Change in her politleal eondition. On this point 
he would ask nie attention of the Committee to 
a hw sentenees from a work just piMiehed, 
whose antbor relied upon the statements of Hnm- 
hdidu a man whose opportunities to procure, aikd 
ability to select, the most valuable and aecorate 
information, was imiverealiyknewD. Aftorgiring 
a mo9C appalling account of the present state of 
the imports to Mexico from the United States, as 
compared with those of €hreat Britain, he says: 

** But If the imports, according to the report, ere by 
no means promiang, es it respects the demand for our 
produe^ns, some items of the exports ere also of a 
nature to excite serloos redactions in the minds of 
those who are concerned in agricultural pursnits. 
Among the exports to the other colonies, we find the 
article of S6,S71 bales or sadu of floor, and 9,S07 sr- 
rohae, of 1t5 Ibe. ead^ of cotton. Speaking of the 
Mexican 8eur, Humboldt says, 'It enters into eompe* 
IMon at the Havana market wiOi that of ib» United 
etatee. When the load which is eonstruethig 80m 
the table laai ef Perote to Yen Oraa shaU be com* 
pialBlv inished, the grain ef New %ain will be ex« 
Mad for Boedeaiix, HamiNng, and Bremen. The 
Memcaae wiD then poisess a donUe advantage orce 
thelnhiAnlMts of the United Btates, that of a greater 
tetiiity of the teniteiy, and that ef a fewer prioe of 
i.K^* And oa the article of tobacco he obsenres, that 


« the coltivation of Mexaoan tobacco might become a 
btandt of agncahure ^ the very highest importance. 
If the trade in it were free. At Vera Cmz the quan- 
titj of tobacco produced in the district of Daaba and 
Cordova, is computed at 1,600,000 pounds to 3,000,000 
pounds.' The mdefinite increase of the growth of 
tobacco Is prevented bj the royal monc^ly, which not 
only prescribes the q[aantity, but the very districts in 
which only itcan be cultivated. He also observes, on 
tike sobfect of the cotton of Mexico, that < New Bpahi 
auppfiee Stirope annually wlfii 015,090 pounds of cot- 
ten.' This quantily,1lMraghhiitMlf very hiconsidenh 
Mey K however, sk Omes greater flken that exported 
bgr the United 8ta eaa , of thair own growth, in 1701: 
and In twsi m yearn the prodnee of cotton has beceme 
in the Uniled Staaaa tfame honted and eaventy^seven 

rim aa 'gui aiaiu When we consider the pl^ysieal peei* 
^oneef the United BUiee and MeaieO) we can hardly 

entertain a doubt that theae two couatiies will one 
day be enabled to produce all the ootton employed in 
the Bwamfactures of Europe. The greatstaplee of the 
United States are grain, flour, tobacco, rice, cotton, 
and the products of the fisheries, and lumber. The 
buDnr character of these articles requires, and actaaHy 
employs, so much shipping for this transportation, that 
in point of mercantile tonnage, we are already supe* 
rior to any nation in Europe, Great Britain excepted. 
Considering, therefore, the importance of these staples 
in their tendency to our internal welbre, and m^ 
Influence on our marithne strength, we cannot con- 
template, without leelhigs of great concern, any con- 
tingency, however remote, which may operate imAi- 
vorably to either" 

Mr. F. would not fitti^ue the Committee by 
following the anchor in his investigation of this 
subject, through the whole extent of Spanish 
America, but would content himself with quotin|^ 
that portion of the work which related to the 
nrormces of La Plata, the immediate object of 
their present inquiry : 

''The cUmate and soil of Buenos Ayres kte slngtt> 
larlv fiivorable to the growth of wheat and bai^ley ; 
and whenever tUs country shall have acquired a com- 
petent population, the |extent of its prodaoe in both 
will be equal to any demand, howevsr great Dc ' 
the late war in Spain, considerable faantitiee ' 
shmed, under contract wtth the BriUsh Oovenm 
to the poets of SpaiA and Portugal. Under thaee 
citouBSstances it ii to be eXpcNBted that, in any avant, 
eur commercial intttcouiae with this couatiy will nat 
be a aulgect of national im^rtance. 

** Our observations respectin g Buenos Ayres appl^ 
with still more force to Chili ; because the latter is Su 
more remote, being situated on the Padfic Ocean, in 
nearly the same latitude with Buenos Ayres, and cor- 
responding with it in productions." 

It must be sufficiently obvious from these ex« 
tracts, that the hope of commercial gain must 
be founded upon our ability to be the carriers of 
Spanish America, in her commerce with the 
world ; or in our ability to compete with other 
nations in the supply of such manufactured arti- 
cles as are consumed by her inhabitants. In the 
direct commerce from fiurope to South America, 
we cannot hope to participate. Every nation 
wisely regulates this subject, like ourselves. 
Competition is confined to their own vessels^ and 
those of the nation with whoqa it has direct in- 
tercourse. We must be able to perform circuit- 
ous voyages with greater facility and at a smaller 
expense than direct vovages are performed by 
other nations. A contest hopeless, unlese war xa|^ 
among all the other maritime Powers of the earth. 
Even in this extraordinary state of the world, 
we should have to contend with the naval eoier^ 
prise of the newly-created empires. This is con- 
sideiped as of but little consequence by the Speab- 
er. lie supposes that Spanish America can never 
beceme a great maritime Power. And for what 
reason ? A strange one, indeed. They are too 
near the sun I The cUmate is too warm and re* 
laxing; the inhabitants cannot contend on the 
ocean with the hardy and enterprising children 
of the bleak and bracing regions of a oortheqi 
sky. AU history condemns this stiajBge theory .^ 

Digitized by 



jams»T OF QomamMi, 



SpOKUm AinsriMBI PT0hMiCt$» 


0Mk yoarMTftl herdtfs if tli«f liMr6 aot foand«faat 
ttesiilors oftht South«ro are Miial in atrength. 
actiyity. ecniraga. and bardiiiooa to thetr North- 
am Iwetdren 1 If ihejr would not prefer the sail- 
ors of Louisiana to the natiyes of the frozen and 
H^ren regions of Labrador? If the improye- 
meat of oar South American brethren keeps pace 
#ith the anticipation of the g^entleman from Ken- 
tacky, their emancipation will create for us for- 
nidaole riyals in agriculture, and powerful com- 
petitors for maritime superiority; a rivalry and 
aMopatitioii BIr. F. would most cheerfully con- 
IfiiNita to produce, if it waa to be succe^ed 
by the establishment of civil, politicaljind rali- 

{lona freedom in that unhappy land. We were, 
owever, required to elevate our views to fu- 
turity; to consider that we were legislating for 
posterity ; while it was admitted that at present 
Wt could not successfully vie in the markets of 
this new world with the manufacturers of Eu- 
rope, the time was approaching when we should 
BJMarsell the European manufacturers. Mr. F. 
^id not believe this tisia would an ive during the 
■waeeot aentary ; he hoped it never would arrive. 
He should deeply deplore the arrival of that 
fwfiod at whioh mahufaetnring establishmenu 
^posld be more profitable than the porsoiu of 
apieuitore. He wished the articles of first ne- 
'^assiity to be Ihbricated here; beyond this his 
iHabes did not extend. As to th^ present question, 
It was suflbient for the purposes of his argument 
to show, that we could not nope to partake large- 
ly of the golden profits of Spanish American 
commerce, without a thorough chaoffe in the 

S resent pursuits of the inhabitants of the United 
itates. A change neither desirable nor probable. 
Splendid political consequences were antici- 
pated from the expected change. The freedom 
of the commerce of the Mississippi— the safe 
navigation of the Qulf of Mexico— toe power and 
effect we should derive^ from being the head of a 
confederation of republics. In case of necessity, 
the new world of republics was to be arrayed 
aaainst the old world of despotisms. In the event 
of European wars, we shall have powerful aux- 
iliaries in the assertion of neutral rights. And 
was it really apprehended we should ever want 
aid to maintain the free commerce of the Missis- 
aimii or the Qulf of Mexico? these might be 
suely trusted to our gallant tars and the people 
of the West. Suppose this great change to 
have taken place. Overleap in imaffination the 
progress of centuries, and see the United States 
connected with Republican Gbvernments to the 
Southern extremity of the New World ; the first, 
if you please, in wealth and power ; overcoming 
the disadvantaffes of situation and climate, by 
her superior skill and superior industry. What 
auperior advantaees will the people enjoy that 
are not possessed by ourselves 1 Will they be 
more free, more happy, more virtuous, and less 
exposed to the danger of internal commotion 
and external violence ? The power of the Gov- 
ernment to destroy other nations would be in- 
creased ; the power of the Government to pro- 
mote the we&re of the people, the object for 

which it aiatiy wonld reoMin tba saaM. Ca»* 
nectad with people, active, iatelligant, and jc»d* 
ons as ourselves, our rivals in commerce, in agri- 
culture, in scieace, and in the freedom of thdr 
inatttutions ; will these elements of strife be com* 
nosed to harmony by the tender names of siater 
Republics ? Men do not change their nature with 
their Govemmenu? Brooding avarice, malig* 
nant revenge, daring ambition— will find their 
place under all forms of government, in all agea 
and in every clime. Mr. F. would not look fur- 
ther into the consequences which mi^ht be anti- 
cipated from the workina of these passions among 
the affiliated nations. As in the days of ancient 
Greece, the ground of quarrel wonld be, who 
should be the first; and some Eastern Satrap 
might again be found, to foment the quarrels ana 
distract the councils of the Western World. 
There was one remedy for these danaers ; instead 
of many, but two Republics should be created of 
the North and South Americas. Mr. F. was not 
yet prepared to risk the happiness and the security 
of the people of the United States, by such a 
sublime but hazardous exteasion of their political 
system. Nations, like individuals, were^ under 
God, the fabricators of their own fortunes. Of 
this nation this was undeniably true. We want 
no power which we cannot acquire^ since we de- 
sire none but for our own protection. We ask no 
aid, since we will not invade the righu of others; 
to defend our^, our own strength is amply suffi- 
cient. We are free, independent, and happy, so 
long as the people are true to themselves. Uni- 
ted, combined ESurope would be arrayed against 
them in vain. No man need look beyond our own 
borders for the means of securing and perpetuat- 
ing all that is valuable in life and liberty. In 
the assertion of neutral rights it was but too 
fashionable to look beyond our own resources ; 
the experience of the late war satisfactorily da- 
monsirated that it was unnecessary. It discovafad 
to U0, that aid was not to be found where it waa 
azpected ; it demonstrated that it waa not re- 
quired. He r^tcad that that conlaat laas eona* 
menced and terminated without an ally, and ha 
most heartily thanked the English Government 
for refusing the proffered mediation af the Em- 
peror of all the Russias. The obligation of that 
offer would weigh upon his spirit, had not tho 
load been removed by the noncnalance with 
which the refusal of the other Power had been 
received, and the equivocal treatment experienced 
by our Ministers fiom the Court of St. Peters- 
burg. We want nc aid and no ally for asserting 
any of our rights The experience of the late 
contest was not leis useful to ourselves than to 
others; it taught them, too, the secret of our 
power ;— *tru6t to its effect ; the impression waa 
deep, and the remembrance will be lasting. Mr. F. 
would not press this inquiry, lest he should be bus- 
pected of desiring to produce a wish that Spanisli 
America should remain dependent. All ha da- 
strad was, by bringing other objaala into view, ta 
sava the Committee Isom ihesad«cioganthaaiaan 
of the Speaker. If the queeiian of €paaish Amar* 
loan independanca depended vpon our salfiah aon* 

Digitized by 



HiarOftT OP CQNGRB88. 



SptOUtm JuntTtCtM JrT09wl9Of$* 


ttdermtions of lalercfL it ntm woold be aehiertd. 
U we were fereraed by tbe ordimirT poliey of 
luUioM, we sbovld desire Ike le-establitiiment of 
Ike SpeDbb power, since it impeded the progress 
oi o«r leM^bors, and left vs vndiepoted masters 
of Um worn of western enterprise. Bu t oar policy 
was as iibf ral as oar institations. We looked 
aniioosiy for tbe emancipation and improrement 
of the Spanish Americans, bowcTer formidable 
their competition and dangerous their ri?alsbip. 
We desired it for their good, and not for ear 
adrantage. That the United States bad a right 
to acknowledge any Gtoyernment, was a political 
axiom. That it was oar daty to recognise the 
QoTemment of La Plata, remains to be proTed. 
If ottr interest and oar honor require it ; if it is 
demanded by our obligations to that Gtoremment, 
it was a daty. What interest haTe we in this 
independence, wiiieh should induce as, first among 
the nations of the earth, to welcome this scranger 7 
Was it commercial 1 Tbe fact that we had not 
more than twenty Tessels in the commerce of 
La Plata, and that number diminishing, while 
the English had more than two bnadred, was a 
proof of tbe extent of our commercial interest in 
this region of the world. Separated at a dis- 
tance so remote, where was tbe political consid- 
eration to demand it from as ? There was none. 
Wo are asked to do what France did for us. Mr. 
P. said, tbe United States had already done more, 
openly, for La Plata than France e?er did for the 
United States, prior to her determination to go 
to war with England. The United States were 
now in advance of all the nations of the earth, 
except tbe Qorernment of Brazil, in kindness to 
Buenos Ayres. France, prior to the capture of 
Borgoyne, forbade ber subjeeu to supply us with 
amu and munitions of war; would not suffer our 
▼essels of war to enter her ports, but, according to 
the proTisions of the Treaty of Utrecht, when 
driven in by stress of weather, and their stay was 
limited to the daration of the danger. We openly 
permit the exportation of every necessary for the 
use of the people of La Plata. Their vessels enjoy 
every privilege enjoyed bv Spanisb vessels, or 
tbe anned vesseb of any other nation, in our har- 
bors. We wish them success: they know it well ; 
we do mot conceal, or aflfect to conceal, it from 
Spain. These privileges are denied them by all 
the Powers of Europe, or if granted, are yielded 
to them In secret by England. 

We have proclaimed a strict neatrality; reg- 
ulated our conduct by tbe rule of tbe national 
law. •* In civil vrars foreigners are not to inter- 
' fere in the internal government of an iadepen- 
' dent State. It belongs not to them to judge 
' between the citizens whom discord has roused 
' to arms, nor between a Prince and bis subjects. 
' Botb parties are equally foreigners to them,and 
* eqaaily independent of their authority." The 
eireumstnnce to which tbe Speaker referred, if 
eorrecily stated, is the most certain evidence that 
oar conduct has been consistent wHh our profes- 
sions. We have pleased neither party, wbile 
more fortunate Ensland has succeeded in pleas- 
ing bolb parties. BoDoraUe neatml^y is nover 

grateful or pleasing to either of the belligerealv: 
pretended neutrality and secret assistance » gral» 
fnl to that Power to whom aid is given. Eng- 
land may have been artful enough to persoade 
Spain that her four hundred thousand poands 
was intended for this purpose, while her seeroC 
supplies of arms have satisfied tbe United Prov«> 
inces that England desired only to prooMMt 
their success. Our doty cannot reouire us to do 
what is useless — what is calculated to confirm a 
charge made against us, of fomenting tbe distor- 
bances in Spanish America ; a charge to whieii 
probable evklence is already affbrdea by the ex* 
peditions of Miranda, of Carrera, of Mina; all df 
whom sailed from these States to their places of 
respective destination. It is the duty and the 
interest of England to stand forth as the protector 
or first friend of tbe new Oovemment. She oa^ 
joys the fruits of tbeir separation from tbe parent 
country; she fomented the quarrel. Then let 
ber take the risk, as she will take the honor aad 
the profits of the recognition of the new Power. 
Mr. F. was at a loss to conjecture why it bad act 
already been done by England, unless she feared 
the undefined and undefinable obligations of tkm 
Holy League^ or was content to reap xhtprmni 
profits, reserving to herself the power to seaaia 
iheJiUure, either by recognising the new people 
on uivorable conditions, or by restoring them n^ 
her mediation to their former master, on coadH 
tions equally favorable to her commercial inteiest. 
At what risk, it may be asked, will tbb reeof- 
nition be madel At tbe hazard of a war imk 
Spain. The gentleman from Kentucky says it is 
not justifiable cause of war. Does he uKaa ia 
the eye of reason, or in the opinion of nations! 
In the opinion of nations it certainly is iustiflable 
cause or war ; and it is not to be doubted. tkA 
were sitaatioas reversed, snch a recognitum of 
the independence of one of these Stales of Ike 
Union— Louisiana, for example— by Spain, would 
be instantly followed by war. The Spealnr 
seemed, indeed, to doubt the soundness of tbis 
position, as be pressed principally the waat of 
ability in Spain to make war, not tbe deficiency 
of just motive for declaring it. That war womL 
follow witb England, shoiud Spain venture opoa 
a contest witb us, Mr. F. did not believe. She 
wouki have the most powerful motives for nea- 
trality. The glorious opportanity of ruining oar 
commerce would be afforded, and would be seized 
witb avidity. Tbe increased expense of sUn- 
ments in American vesseb would throw tbe whole 
of our trade into British bottoms, and our ^Mff 
would be driven from the ocean» except where it 
floated over our public or private armed ships. 
Mr. F. would encountw this danger of a war wHb 
Spain, with all its consequences, for an adequate 
motive ; but be would not, by harrying to do an 
act useless at best, and which might hereafter be 
performed without hazarding anything. At all 
events, he was unwilling to encounter it, oaiil 
La Plata bad shown, by indisputable testimony, 
that she was independent, and had the power aad 
tbe will to maintain it. 
Was there a free Qovernmeai in La Plata, for 

Digitized by 






SptHtUh MUtnOBI^ ^TtfMMM* 


» existence we ought fo eneeanter anf baz- 
wi? Wai there a QoTerDmeDt indepeadettt of 
Spain, and which coaid not be compened hj the 
iiower or seduced hy the eajolenentsof Spain, to 
Ub foraaer tassalai^e ? The character of the Qor- 
ttmoMnt might be read in the history of its form- 
•tion ; in the changes which preceded it ; and in 
•ets since it was established. The disturbances 
in the Peninsula indaced the Viceroy of Baenoe 
Ayres (Cissneros) to call a Jnnta in May, 1810, 
oomposed of the officers of the Royal Qorem* 
ttient. In April, 1811, a new Goremment was 
famed by the inhabitants of the citv of Bnenos 
Ayres, baying been called togedier for that pur- 
)pose by the municipality of the city. This Oot- 
nrnment— which, like the other, was but a name 
f»r • new omnixation of the Regal power—* was 
oomposed or three members and two secretaries. 
According to the fil Estatuto, one member, exer- 
cising the BxecutiTC power, was to raeate hb 
•eait at the expiration of six months, and his place 
was to be snp^ted b^ election. Tne deputies of 
the municipalities of the prorinces were to form 
the electoral college. Toe first assembly for the 
election of one of the members of the Executire 
imthoffity met on the 5th day of April, 1812, and 
ooounated Puerrydon for one member of the Qof- 
ammeni. Thev proposed to form a constitution, 
but were dissolved by the existing authoritj-*- 
^enydon deriving no power from this nomina- 
.ties. The second assembly met on the 6th of 
Oelober, 1813, and elected Biedrano ; but, pursu- 
ing the track of their predecessors, they met a sim- 
^ar fiMe. The municipality, people of the city, 
«nd Ireeps, opfwsed their measures, and the assem- 
bly was dissolTed by military force. 

A meeting of the inhabitants of Bnenos Ayres, 
CabiUo Abierto, was convened on the 8th day 
of October 1812, and the administration was 
iFCsted in Pena, Passo, and Johnte. Thus per- 
ished the first constitution, after existing twelve 
naatiis, and being Tiolatea in all its provisions. 
In January, 1813, a new assembly met ; the Coe- 
etttsfante, comooaed of deputies, nominated by 
thn doctoral coUegea of the towns and cities of 
Rio de La PkU; the ebief acts of tlie new assem- 
bly was the chuge of the title of the Govern- 
ment, from Gobiemo Superior, to Supremo Poder 
fixecutivo, and the decree of Freedom to the 
Children of Slaves. The same decree compelled 
a sale of every third male slave to be enrolled in 
the army, the price beinff a clebt due to the own- 
ers by this State. In I>ecember, 1813, the gov- 
ernment o£ those persons was annulled by the 
ass em b ly, and Poxados was chosen Supseme Di- 
rector, to give strength by conceniratii^ the Ex- 
ecutive powers. In January, 1815, Poxados hav- 
ing resigned, Alviar was aj^nted Supreme 
Direclor. In April, 1815, there was a new revo- 
lution. A meetmg of the inhabitants of Buenos 
Ayres wns convened, and the authority of Alviar 
md the Assembly disowned. The municipality 
was vested with the supreme command. The 
■Mmicipality finrmed a junto called I>e Observa* 
cion, by whom a new constUntion was published. 
Rondenu was named Director, but, being in mil« 

ilary comnumd with the army. Colonel Alv 
a ringleader in the reveit, was OMde his substi^ 
tute. Alvarex convoked a Congress, but beAm 
it assembled he wasdisposscMed by anotfaflreon- 
motion of the power he held in the absence ef 
Rondeau. Beicora was then appointed Sapseme 
Director, but was soon after removed, and the 
administration ]^aced in the hands ef a commit- 
tee. The Congress of Tucnman met in 1816, 
chose Puerrydon Supreme Director, and decinred 
the independence of the Provinces of La Plata 
on the 3d of July ; proposed to publish a mani- 
festo, which was published in 1817, and to form 
a constitution that has not yet been matured. la 
this hasty sketch of the events which led lo the 
establishment of the Government as it now ex- 
isted, it must have occurred to the members of 
the Committee that there was no agency of the 
people in its ocganixation, except the commo- 
tions in the city of Buenos Ayres ; they seem to 
have been the idle spectators of the movements 
of the constituted authorities and the milittty. 
For aught that appeared, the ancient institotiona 
below the head of the Government, remained ne 
formerly. Mr. F. would not detail the accuaa- 
ttoos, triab, executions, and banishments, whick 
were the consequences of these chaoses. That 
the people were not deeply interested m the suc- 
cessive changes, and did not appear to have de- 
rived essential benefits from them, was sufficient- 
ly obvious, and all he desired to establish. The 
conduct of Puerrydon to Carrera, since this de- 
claration of independence, may serve further to 
illustrate the character of this new power. Cat- 
rera was a Chilian, the author of the revolution 
there ; in the decline of his fortune, he came to 
the United Slates, and after procunoff resources 
for renewed ^Eoru, returned to La Puita to exe^ 
cute his designs; he carried with him the hopes 
and ffood wishes of all the friends of freedom in 
the United Slates. Unfortunately, he expected 
asttstance from La Plata, and sailed with confi- 
dence into her ports. An expedition having been 
prepared in La Plata, against Chili, instead of 
receiving aid fiora Carrera, in the deliverance of 
his country from slavery and oppression, the os- 
tensible motive for this expedition, he was seixed, 
imprisoned, and finally banished ; the oaly satis- 
factioa he received is to be fouad in that part of 
Puerrydon's expos^ thai has been read by the 
Speaker, in which he deplores the rudeness 
which he has been compelled to show, so con- 
tiary to the politeness and urbanity of his own 
nature, and that of hb Government. The mo* 
tivea Mr this course nsay be collected from the 
recent accounts from Chili. A letter of the 7th 
of October says, ^ More than eighty persons of 
' the first distincftion have been seized and thrown 

* into dungeons by the military, on the ground of 

* attachment to General Carrera, and the ireas- 

* ures of Chili were exhausted by contributions 
' to Buenos Ayres. and thb people of ChiU are 
' experiencing the benefiu of that kind of deUv- 
< erance from the Royal Spaniards, by O'H^- 

* fas and the army of Buenos Ayres^ that Franoe 

* ane expeneneed under the Bourbona, soppotted 

Digitized by 





HtfCB, I8I1B. 

8potU9h A.fit6nc&i% f^rMtfic6#* 


* by the anuke of W^HiBgtOQ «ttd Al«»ind«r." 
¥he ftmtff of 9fi^n hkd n^t been exerted afi^ii«t 
lAis veW GtoTeruBseiit^-iiot a SMiiiisli aoldiet or 
btyonet hid been sent (Vom Old Sptin sidce the 
teetoTfttion of Ferdivaod. Wts the ttew Got- 
eromeiit possessed of the phfsical and moral 
strength to resist her efforts when thejr should be 
made? Gentlemen shonld not deeeife them- 
selTes. SjMiin, inert and powerless as she was, 
was a formidable power to Spanish America, by 
the natore of the GoTernment, and the supersti- 
tion of its inhabitants. She had ample resources 
for the purchase of assistance, should she be 
driTen to this resort. The time ha4 not arrired 
whea the Spaaiah Monarch asked himself the 
important ^uevtiea'— What part of my do«in«- 
toaa will I awrfender for Che preservation of the 
teetl When he ia willing to mnke gnaat sacri'> 
Aoea he can procure ample aseietance. Thoae 
who add him sfaipa Uft money will sell him men 
fbr territory. His European territorits may tempt 
Rin8i»^is possessions in the West Indies, Bn|^ 
land — to assist him in the subjugation of his re- 
belh'ous subjects. He may sell La Plata for Por- 
tugal, and the parties to the holy league may 
Maranty their respective cessions to each other. 
Shall we find in La Plata the unanimity, energy, 
and virtue^ to resist such arrangements, where 
Province u arrayed against Province, under 
' Puerrydon and Artegas. viewing each other with 
a hostility more deadly than the proverbiallv 
mutaal hatred of Spaniard aad Portv^uese ? A 
atill more fatal course may be pursued. The 
Jkiag of 8p*ia mav choose to try persuittion, 
gtring to fingland the pramise of Owe commerce 
with the Spanish Alain; may he not easily pro* 
cure another mediation, the condiiioa of which 
ahaU he the eoodiiioaal latern ef La Plam to her 
^epoaieat state ? fiogland kuew well hew to 
make such a mediation effeetudl. Let it not be 
aatd her honor fMnds it, or her interest. Her 
interetc is promoted by the comtneroial monop- 
oly such an arrangement will give. Her honor 
always bows obedient to the dictates of her com- 
mercial interest; if she should feel some quidms 
of conscience, the island of Cuba will calm her 
acruples. But has she ever promised more than 
to secure the commercial ioaependence of Span- 
ish America? What a contemptible figure 
ahonld we make in the eyes of all mankind- 
how degraded in our opinions--*if we should ree- 
«Kplie La Plata, aad the Gov«rament should 
sRortly after voluntarily retuia to the Spanish 
yoka! That the Oooauttee might not be de- 
easved by the sappoeed attachment folt by the 
new QavecBinent for the United Statea^-fay the 
pnffuaUm of aa anaioiB desire to follow our 
example and imitate our virtue, Mr. F. would 
neatioD a few facts, at once illustrating the 
ardor of their attachment to the United States, 
and the justice and honor of the Government in 
iu dealings with ittdtvidmls. The American 
bng Savage, of Baltimore, sailed to Boenos Ayres 
with a eurgo of military stores ; they there sold 
them to Govttrameat, to be delrrered in Chili. 
The voyage was perforoMd; Ibur months elapsed, 

under various preieaces, before the cargo was 
'received, and after this delay the payment was 
made, not according to contract, but at the dis- 
cretion of the Government. The owner was 
thus plundered of his property, and injured by 
this delay of his plunderers. The ship Bnte»> 
prise, of Philadelphia, Captain Coffin, was em- 
ployed, by contract, to carrv three hundred exiles 
from Juan Fernandez to Valparaiso, from whence 
they had been foraierly banished bv the roval 
party. He was to have received $7,200. He 
performed his contract — restored the exiles to 
their country and their homes. After a detea- 
tion of two months, he was paid ^500--8t. 
Martin, the Washington of America, as he is 
called, alleging that this was enough. 

In the armies of La Plata. English aad French 
officers are employed without scruple ; Ameri- 
cans seldom, if ever. Our countrymen do not 
suit their manners, opinions, or Government. 
Juett, formerly of the Army of the United States^ 
and Kennedy, formerly of the marine oeips, 
sought in Valparaiso, in 1817, commissions in tne 
army of St. Martin. He suspected them of at- 
tachment to the Carreras. and threw them into a 
dunaeon, and whence they were not released ua* 
til the captain of a vessel, who procured their 
liberation, entered into an engagement to take 
them immediately from a soil they were deemed 
unworthy to tread. To judge of the character of 
the nation, from the cruelty and harshness, or in- 
justice, of an individual, was not reasonable; but 
when that individual was the theme of universal 
admiration in his own country, it could not be 
considered as improper to make him the standard 
by which to estimate the opinions and character 
of his countrymen. 

Everjr arrival from this land of promise brings 
us the history of the oppressions of the existing 
Government, and the fearful forebodings of our 
countrymen, that the people, for whom oar aax- 
ious Wishes are hourly expressed, will derive no 
benefits from the change of their governors; 
that the Spanish power will be restored in aU its 
rigor; or that the new authorities will ever be 
exercised with the same contempt of the pria- 
ciples of justice and of freedom, that distinguished 
the ancient tyranny. It might be urged, that this 
was newspaper information, derived from persons 
of doubtful authority. This objection was of the 
same force, in its application, to all the informa- 
tion possessed of that country. It was of such 
materials its history was composed. A powerful, 
an irresistible argument, to induce the Committee 
to refrain from the commission of an act of doubt- 
ful propriety, nucht be drawn from this source ; 
but Mr. F. would not trespass longer upon their 
patieaoe, exhausted as it mast be^ bj attendiag to 
the long and animated address of*^ the Speaker, 
and his own desultory reply. 

When Mr. F« concloded his epeech, the Coa»« 
mittee rase, reported progress, aim obtained leave 
to sit again, on the mtimation of Mr. Lowaaaa) 
that he propped to deliver hts views of the 

And the House adjoamed. 

'Digitized by 






S^juniih Amariem Pr&pincm. 


THumsDAT, Bisreb 26. 

Mr. PoiifDBXTBR, from the Committee oo Pri- 
Ttte Land Claims, reported a bill for the relief 
of John Johosoo, Henrf Perry, Richard Crarat. 
and Beley Cheoey, the legal representatiyea of 
John McGrew. and the legal representatires of 
John Tarnbulli which were twice read, and 

Mr. P., from the same committee, also reported 
« bill for the relief of James Mackay, of Missouri ; 
which was twice read, and committed. 

The bill from the Senate for the relief of John 
Small, was ordered to be reikd a thii'd time, and 
was accordioglv read a third time, and passed. 

On motion or Mr. Tbbrill, the Committee on 
Commerce and Manufactures were instructed to 
inquire into the expediency of granting the con- 
sent of Congress to an act passed by the Legisla- 
lature of the State of Georgia, allowing fees to 
the health officer and harbor*master for the port 
of Darien. 

On motion of Mr. J. S. Smith, the Commit- 
tee on the Public Lands were instructed to in- 
quire into the expediency of authorizing some 
other person than the President of the United 
States to sign patents for soldiers' bounty lands. 

On motion of Mr. Flotd. the Secretary of the 
Navy was instructed to lay before this House the 
proceeding of the court martial held for the trial 
of Franklin Wharton, lieutenant colonel of ma- 

The Speaker laid before the House a letter 
from the Secretary of War, transmitting, accord- 
ing to the direction of the House, certain state*' 
ments in relation to the expenses of general courts 
martial since the first of August, 1812 ; which 
was ordered to lie on the table. 

A message from the Senate informed the House 
that the Senate hare passed bilb of the following 
titles, to wit : An act for the relief of Cata Bun- 
nell; An act concerning the bounty, or allow- 
ance, to fishing Teasels, in certain cases ; ind« An 
act for the relief of Samuel Ward ; in wnich 
bills they ask the concurrence of this House. 

The first of the said bills from the Senate was 
read twice, and referred to the Committee on 
Military Affairs. 

The second of the said bills was read twice, 
and referred to the Committee on Commerce and 

The last of the said bills was read twice, and 
referred to the Committee on Pensions and Rey- 
olutionary Claims. 


The following Message was reeeifed from the 
Prbeidbrt op the United States: 
TbtkeHouHqfRqfre»entati9e80fihe lMiUd8tate9: 

I transmit to the House of Repesentativet, in com- 
plianee with their reeolation, of March the 20^ such 
ndbimatum not heretolbre communicated, as is in the 
pn sasss i onofthe EzecutiTe, relating to the occupation 
of Amelia Island. If any doubt had before existed of 
tbfb improper conduct of the persons who authorised, 
and of those who were engaged in the iuTaslon, and 
pvafious occupancy of that ialaiid ; of the nn£riendly 

regor was graoiea, at i-oiuuieipiiMy in oiroct tio» 
I of a positiTe law, and all the measures pursued 
r it, by him, in coUeeting his force, and oireetiag 
iivements, were eqnaOy unlawAiL With the cob* 

spirit towards the United SCatea, with whioh il was 
comoMneed and proeec nt ed, and of its iajmiiMia eliMl 
on their highest interests, particularly by its tendeoflgf 
to compromit them with firaeign Powers in all the nn* 
warrantable acts of the ad?entnren, it is presnmsd 
that these documents would remore it It appears, hj 
the letter of M. Pesos, agent of Commodore Auiy^ 
that the project of seising the Floridas was formed 
and executed at a time when it was understood that 
Spain had resohed to cede them to the United State^ 
and to prevent such cession from taking efiect. Th# 
whole proceeding, in every stage and in all its dreuaa- 
stances, was nnJawfnI. The commission to Generd 
McGregor was granted, at Philadelphia, in direct tio^ 
lation { ' 
under i 

its movements, were eqnaOy \ 

duct of these persons, I have always bem unwilling ts 
connect anv of the Colonial Govamments; because I 
never could bdieve that they had given their san et iem 
either to the project in its origin, or to the ui i ssM Ss 
which were pursued in the executioQ of it. These 
documents confirm the opinion which I have invalid 
ably entertained and ezpiessed in their fitvor. 

Wasuvotov, March 26, 181& 

A Uit of papers transmitted ioiih the Presiimfw 

Extract of a letter to a gentleman in the Dbtrict of 
Columbia, dated Baltimore, 30th July, 1817, with a» 
enclosure, being — 

Copy of a letter from Sir Gregor McGregor, to a 
gentleman in Baltimore, dated Femandina, 17th ef 
July, 1817. 

The same to the same, dated at Nasaan, NewPro^ 
idence, 36th of December, 1817, with an enclesuis, 

Extract of a Prodamatian. 

Extract of a letter to the Ssorstary of Stale, dated 
34th December, 1817, with an endoenre, bdog diree-' 
tiona for sailing into Tampa Bay. 

Extract of a letter from the same to the same» dated 
18th Janua^, 1818, with endoeures, being directievs 
ibr sailing into Tortola: Translation of a letter of 
Marque, and of Naturalization, granted by 8ir Gregar 

Extract of a letter to the same, dated 19th of Jaii> 
uary, 1818. 

Major J. Bankhead and Commodore J. D. Henley, 
to the President, dated Femandina, 30th of Jann- 
aiy, 1818. 

Don y incente Pazos to the Secretary of State, dated 
8di February, 1818. 

Don Luis de Aury to the President of the United 
SUtee, dated Femandma, 3dd of December, 1817. 

Memorial of Don Vinceate Pases to the Preddest 
of the United States, dated Washingtan, 7th Febm- 
aiy, 1818 ; aooompanied with several documents. 

The Secretary of Sute to Don Viacento Paaos, 
dated 6th March, 1818. 

The Message was read, and ordered to lie on 

the uble. 


The order of the day on the unfinished buainsas 
having been announced — 

Mr. FoiROBXTBR moFed to postpone the farther 
consideration of the bill, in order to afibrd time 

Digitized by 





Mamw, 1618. 

iS||fllMMi iim^riCtfll /^TMfMMMl 


i(H tlie doeamcats expressly bearuig oo tbe qiies- 
lUHiy yesterday eonoiaaicated, to b» priated and 
laid before tbe House. 

Alter eonrersatioQ retpectiog it, tills motion 
was aefatired. 

The House thea hayinff igain resoWed itself 
into a Coatmittee of the Whole, oa the general 
appropriation bill ; and Mr. Cult's laotion to in- 
sert an appropriation for a Minister to Bueaos 
Arres being yet uader consideration — 

Mr. LowR DBS addrened the Hoose in a speech 
of about an hour and a half, in opposition to the 


Mr. RoBcaTsoii, of LfOuisiana.— I should not 
have risen to express my opinion on the present 
occasion^ if I hsd not, at an early period of the 
sessioa, lodieated my intention to do so, when- 
ever a proper opportunity should occur ; but for 
this eiremnstsnce, I should have been contented 
lo give a silent vote, for I am well aware, from 
my more than usual ill health, that there will be 
notbiag in either the manner or the matter of 
my address to compensate the Committee for 
that attention which their indulgence may in- 
doce them to bestow. 

I unite with the gentleman from Soath Caro- 
lina in considering tne proposition of the Speaker 
as invoiviag in its decision the views of thb 
House, in respect to the independence of the 
Qovemment of Rio de la Plata, snd as to the 
expediency of acknowledging it. On both these 
points, my opinions are formed, aad I shall give 
them utterance, without equivocation or hesita- 
tion, notwithstaadinff certain cabalistic words, 
of great efficacy with old women, and men of 
weak minds, of the use of which the gentleman 
from South Caroliaa (Mr. Lowndbs) has availed 
himmlf. I allude, sir, to his remarks oa the dan^ 
gfff of war, and the impropriety of casting cen- 
sure oa the conduct of the Kxeeutive. 

I beg leave to assure the Committee, that I 
have no wish to involve the country in war; 
that I agree in everything my friend from South 
Caroliaa has said as to the iaappreciable advant- 
ages of peace. I would even go further ; I al- 
most think that peace Is necessary to the existence 
of liberty. Rarely indeed does the freedom of 
natiou survive the expensite and bloody contests 
in which they are too prone to indulge ; liberty, 
morals, prosperity, all depend upon peace ; they 
are too precious to be wantonly hazarded; I 
would sanction no measure that would endan- 
ger them but under the most imperious circum- 
stances. Nothing, too, is further from my inten- 
tion than to censure the conduct of the Executive ; 
so fmr from it, I wish to give to the President the 
strongest proof of my agreeing with him in opin- 
ion, hj famishing him with the means of execut- 
ing his wishes in regard to the people of South 
America. Has he aot told us, sir, that he feels 
the siacerest sympathy in their behalf^ and has 
he aot told us further that thev were a people 
sanged ia civil war, aad entitled to equal rights 
with their enemies ; and can it be otherwise than 
piatifying to him. that this House should concur 
la his views, ana eaable, nay, more, encourage 

him with th^ cheeriag inioeoce of its apnrobik 
tion, to give effect to his beaevolent aad kind 
feeluDgs, and to do justice to the revolutionists, 
by acknowledging their independence^ sending 
them an Amlmssador, and placing them ia that 
situation of equality which, he says, they are 
entitled to enjoy ? Sir, it caiuiot be otherwise 
than agreeable to the President to know tbe opia- 
ion of Congress on so momentous a subject; if 
that opinion, independently expressed, shall coacur 
with his own. he will set conformably to it ; on 
the other hana, if, from the position he occupies in 
the Qovernroent, from hb better information, oi 
from any other circumstances, unknown to the 
public, he shall think it best to continue, ua- 
changjad, the state of our relatioas with Sooth 
America, he will do so. For one I shall not ob- 
ject, if he does but exercise his right to jud^e and 
decide for himself; and I am too much in the 
habit of pursuing mv own opinion, to blame 
others, whether in public or private stations, for 
exhibiting a like independence. 

But, the gentleman from South Carolina seems 
to contend, thst it is tbe exclusive right of the 
Executive to manage our foreign relations ; that 
he is better inform^ on these subjects, and that 
this House ought not to interfere so far as to sug- 

Sest aa opinion or a wish, unless it is meant to 
e understood, that strong disapprobation is felt 
towards the course which has been pursued* I 
think, too, it may be inferred from the remarks 
of the gentleman, that the President is not only 
better informed on all questions of this kind than 
Congress or the nation, but that it is right and 
prooer that he should keep his information to him- 
self, and not part with it too freely or too frequent- 
ly. Now, I dissent from all such doctrine ; X look 
upon it to be the duty of Congress to express its 
opinion freely upon all questions which coooern 
our domestic or foreign affairs, and I consider it 
as the solemn duty ofthe Chief Magistrate of a 
popular Oovernment to disseminate among the 
people all information that can instruct them on 
points so important as their situation in regard 
to other Gbvemments. 

I would ask, sir, how else can the wise mea- 
sures of a virtuous administration receive rational 
approbation^ or how a vicious Government be 
arrested in its mad career 1 Shall it be justified 
in maaaging in secret the whole interesu of the 
public, in puinging into war after a long concate- 
nation of events, which, if known, mifht have 
been prevented, or in allowing the nation to re* 
pose in security, when, from its own acU, or those 
of other Governments, it stands on the brink of 
a precipice 1 Ought there not rather, in such a 
Government as ours, to be the most unreserved 
and frank communication of facts, of whatever 
kind they may be 7 Ouffht there not to be felt 
and evidenced, towards the people, the most en- 
tire and unaffected confidence 1 Will the people 
long continue to confide in those who manifest 
distrust, by covering their proceeding, whether 
of aa exurnal or internal nature, with a veil of 
mystery and secrecy ? 
I cannot approve of the observations of the 

Digitized by 



msi^Et^ OF ooira^KSfls^ 



iSyNMiM AfJHf'MffM jPj ^IIIMV* 

Mitlefeiiiiii from Soatk CiroHmj and I do hope 
thtt the pteeent Admin^tration will act on no 
st^ch principle In the examination of the pres- 
ent sttbjeet, I shall not indulge mjreelf in so wide 
a riince as some of the gentlemen who bate pre- 
ceded tiie. I will endeavor to show that the 
Qoremment of Rio de la Plata is independent, 
and that it is expedient to aeknowledge that in- 
dependence. To establish the fact of its inde- 
pendence, let ns inquire whether it has declared 
itself independent T Of this there is no doubt ; 
this fact IS not disputed hf anf one. I state it 
thus specifically, because it is fir iVom being 
iCMlf an unimportant circumstance. In onr oWn 
cnse, it was not so considered. In the language 
at one historian, Ramsey, after that event <*we 
' no longer appeared in the character of subjects 
' in arms against their sorereigti, but as an inde- 
' pendent people, repelling the attacks of an in* 
' vading foe." And Marshall says, " we changed 
' our situation by the Declaration of Independ- 
* ence, and were no loneer considered as subjects 
' in rebellion." From ttiat time, too, we date our 
actual independence. It has not been permitted 
to be deferred tiH its acknowledgment by other 
nfttions, nor until the peace ; and so has the fact 
been established, as well by political as judicial 
deci^ons, both in England and in the United 
States. Buenos Ayres remained ftiithfol to Spain 
under circtimstances extremely fkvorable to her 
throwing off the yoke. When the Peninsula 
was overrun by a foreign ariny and torn by do* 
mestic flection, the peome of Buenos Ayres 8ob« 
mitted to be governed as a colony ; they were 
wRHng to continue their former connexion, while 
the G<>vemment was in the hands of Charles, or 
Ferdinand, or Jnntas, having the semblance of 
power; but, when the whole of the Peninsula, ex^ 
cept Cadiz, fell into the possession of France, 
they declared themtfelres independent ; this was 
done by the Viceroy Clssneroe. But the final 
and great act of 1816 flowed from the people ^ 
they then declared themselves independent of 
Spain and the Bourbons; established a Qovem- 
ment for themselves, and have ever since enjoyed 
the most perfect exemption from everything like 
foreign contrd. They now appoint their own 
Executive Magistrate, their legislators, their 
judges, lay tales, raise armies, and build mvies, 
with which tbeynot only secure their own inde- 
pendence, but diEuse that blessing over the neigh* 
Doring Ciovemmeiits of Chili and Peru. They 
are more independent than we were at any one 
moment previously to the peace of 1783. Their 
soil is flree from thepoildtion of a fbreign hostile 
fbot; iind, if it be said that they have their fkc* 
tions, so had we ours. We had, in addition to 
onr foreign foes, our tories and doinestic traltore. 
But it is objected that the provinces are not all 
united under one Qorernment, and that Artigas 
is in possession of the province of Montevideo. 
But the possession of Artigas is not the posset^ 
sion of Ferdinand ; the whole of the Banda Ori* 
ental is as free from his authority as Buenos 
Ayres itself; and the sole question at present is I 
as to the independence of Rio de la Plata* of iu I 

former fi u repean master. The f twedom of Teae^ 
zuela, New Grenada, and Mexico, is. unhiMlty, 
less assured ; but they, too, hav^e declared them- 
selves absolved from die tyrant's yoke. Ifiiny 
years ago the Executive of the United Bttteft 
laid before this House the Constitution of Vene- 
zuela, and a resolution was adopted bv the cottio 
mittee to whom it was referred, declaratery ttf 
the interest this House felt in their success, and 
promising to recognise them as indepenlent 
when they should ttike a stand among the tMitions 
of the world. In re^d to Buenos Ayres, thai 
happy period has arrived ; and it becomes tfs to 
realize the hopes to which our proanses have 
given rise. Tne fate of New Qrenada has been 
varions ; it has sometimes enjoyed self-govern- 
ment, and has been again subject to the teoM- 
rary control of the usurpers of its rights. The 
gentleman from Georgia tells us, that Mexico has 
been preserved to the royal cause by its own na- 
tive population ; that it has not been found ne- 
ceseary to send over fbreign troops to eeeure Its 
allegiance to its sovereign. But the gentlenlML 
for^ to inform us that Mexico has been always 
filled with European troops, and that the number 
already there rendered any augmentation unne- 
cessary. But for the Europeans in Mexico^ a 
dissolution of its connexion with Spain would 
long ago have taken place. 

But, sir, for what purpose has the gentlenura 
from Georgia dwelt eo long and so earnestly on 
the motives of the people ol Sooth America for 
declaring themselves independent, and on the 
nMnner in which the struggle has been conduc- 
ed ? The only question is, whether they are or 
are not independent. But the gentleman is as 
mistaken in his views on those subjects, as it is 
unkind in him, professing, as he does, to wish 
success to their cause, to pass their conduct, die- 
torted as it is, in review before us, when nothing 
i<enders eueh investigation necessary. The gen- 
tleman *ays, that their revolution did not begin 
on prineiples favorable to iadividual liberty; tat 
I would ask, sir, what revolution ever did? Wiiat 
revolution ever stopped at the point to reaiah 
which it commenced? What revolution, at its 
origin, evet advanced the principles on which, in 
its progress, it was coaduetedf What revolu- 
tion ever terminated where the particular grfeHr- 
ances were removed which gave it birth? A 
candid examination of our own history will suffi* 
clently elucidate these views. We did not com- 
mence our contest with the mother country with 
any avowal, whatever might have been th« in- 
tentian of the intelligent and virtuous, of a wisdi 
to throw off colonial sot^eetion; fkrfromit; oar 
professions of attacFhmeni end fideHly to th« 
monarch were never before so f^equ^t nor no 
strong. We complained of trifling grievat»caa $ 
proceeded cautiously to remonstrances, then to 
reeisfance; declared ourselves, after a lapae of 
some years, independent, and ultimately over- 
turned the entire fabric of that Govermaent. 
which, ia the beginning, we so oflten praieed, and 
merely aflected ta disapprtyve in some comp«m* 
tively imauterial points. 80 the South Ameri- 

Digitized by 





ifiBCQi xaia. 

Spamk 4«Mrt0a<» iVxnNtfic^ 


oui ptuiots act cAotiQoaljr in regiird to their 
ionmft mmsten; profesiff. for a eoDTonient time^en- 
tire devotion to their viil, and take idngiitage of 
dUcumstiaices lo eiTw^ the liberation of tbeir 
eoiuktry* But I acknowledge Uiac individoal free- 
dom dots opt seem to be with their leadere a sub- 
ject of «]ffic«eni eoocern, and perhaps on tbie 

on that eonneejied with their national indepeod' 
enee. Let it be kept in riew that they have two 
neat objects to attaia-^the one* obnoxions to 
i(paj'Q, their natiooal independenee-*^he other) 
hatefol to all QoTernments, except onr owe, tn> 
dividiial liberty. As they, in common with aU 
revolationists, have fonnd it nece8»ar)[ to m«»k 
their deaigna on the first point, so may it be poli- 
tic in them to be as sikot as possible in regard to 
the other. Where, ihroughoui this eoslaved 
world, are they to look for oonotenance or sQp- 
]^f t) if they aihoald dare to annonaee too openly 
their attachment to demoeraiic forms of gorenn 
ment? Will the combined de^)0U of Soiope 
snoiilenpoQ their efforts? Can they look aoross 
the Atbiatic for the cheering inflaenee of appro- 
bation, when even here, in this R^imbUe. thef 
]»eet with cold indiflbrence? Do they not per- 
^ve that the nations of Enrope^althooj^friendly 
to thtic independence, are hostile to their free* 
dom? And may not this aceonni, if it be true 
indeed, for the oarelesaness^hibitedby them, ac- 
oordiag to the eentleman from Georgia, on the 
anbjeet of individual rishts? 

But it is objected that the Provinces of I41 
Plata are not united under one Government; and 
the gentleman from Sooth Carolina soggests 
thai whole districts of country are probably still 
wulbjfiot to royal authority, or governing them? 
aelvfis independeotlv of Buenos Ayies; this may 
or may not be the fact; but this is certain, that 
their distance, their want of population, their 
obecnrity, are too apparent to have any ened on 
the present qoeelioo. The gentleman from South 
Carolina advei Is to a mistake of tba Speaker^ as 
i» the number of the prorinces of La rlata, and 
tells us that there are no more than thirteen, in** 
sMid of twenty. Bzclnsive of the ineonsequence 
of this diflecenee, I would observe, that it is far 
frooi being certain that both the yeatleoieo are 
not in error. Like them, I have paid soMe atlen- 
tkKn to the geosraphieal hi^ory of that country. 
Mj reaearehes have led me to suppoaa that the 
Andiencia of Chaicas, which includes the whole 
of the country sometimes called the €h>veroment 
oi Boemi Aytes, aad now the Government of 
Rio de la ^ta, is divided into provinees* diet 
trials, and jorisdictioos ; that there are aiae prcv 
viaie^ seven districts, and lour jnrisdictioas** 
anaking twenty ffraad divisions, and some of 
these again are subdivided into snialler provinceet 
BfU it ia nm wonderful that these diffefeneas 
ahonld exist 00 this umI many Other questions re- 

rling Spanish Ameiiea. it was the noiiey of 
Rojrnl (3overnment to ke^ the world ignor- 
ant of that country, and to keen the inhabiiana 
Ignorant of each other. But, ho«evM. aU Ikis 
mttf be, the inquiry as to the geogmphical divis- 

ion of Buenos Ayres, ia of no importance in eel* 
tling the Question of iu independence; this rests 
oA Efoad tacts, some of which I have mentioned^ 
and which are known to the whole world i they 
establish the independence of the Government <Mf 
Rio de la PlaU beyond all di$pttte» and it re*- 
mains now to be asked, whether^ we ought or 

point it is no more difi&cult to excuse them, than -ought not to acknowledge that indepeadeece ? 

The first question that naturally presents ilseli^ 
is, whether it is the custom of our Goveromenjt 
to acknowledge the independence of independent 
natioas? There is no doubt of this tacL Is 
there a monarchy in the world, whose indepen- 
dence we have not recognised, or are not pm- 
pnred to recognise? However little they may 
merit respect; however insignificant they may 
be in the scale of nations j nowever odious the 
principles and practices of their Govetument* 
their Representatives are greeted here at Wash- 
ingtoa with an attention the meet jBatterinf- 
Have we not an Ambassador from Ferdinand? 
1 mention him as an odious monarch ; and haiie 
we not one also from Louis XYUl 7 And will 
it be for a momei^t contend^, that Rio de U 
Plata is not more independent- than Fmnce ? li 
Rio de la Plata in the possession of a feeeiga 
Poweri and kept down by foreign baymiele, or is 
it self-governed? Yet France has her Rapre- 
sfsntative here, while a more independent pei^e 
are excluded from that attention and reepaet. 
Stir, if the Government of Riode la Plata was 
naonarcbical, three months would not elanee be- 
fore its independence would be recogoisedby the 
United Sutes. I do not mean to say on aeoount 
of its beinn monarchical | but in thai case it 
would not be aii object of hate and jealousy to 
the despots of Siurope. They would aeknowl- 
edgoits independence, and we would then come 
in Isggiogon behind : we would follow their ex- 
ample. But the political institution of that 
State are not legitimate ; and, although the legit- 
imates of Europe have no objection to their inde- 
pendence of Spain, they do object to their nncbr- 
taking to govern themselves, without the pater- 
nal assistance of Kings. For mv part, I should 
wish, on, suc^ an occasion, to^ take the lead.; I 
woold e;iuli, as % Republican, in vieiyiag my 
own Goyernment proudly, taking ground lor it- 
self and disd^ioing the mqat iadireat dictation, or 
even imitation, of their satcred Majesties of £»- 
rope. 1 should like to perceive aoAoof uaa litda 
more of that sympathy ibr RepubUes, wiisk 
they so strongly feel w eetch other; and at I 
think their policy wiseinturrouading then^v^ 
with Governments like their owni.reaneot h^ 
beinff of opinjoo, that we should be stran^Bthaned 
bv the estehUihment of free goverameou ia this 
western hemisphere. Juetioe-to ourselves in- 
quires this course. We ought not to haaard the 
losf of the affeeiioas of a nation struggling to be 
free. If we are cold and indifferent tpwarda 
ihem^ 6adi^ themaelves utterly abandonedi when 
they had aright at leas^ to renpeei and counter 
nnnee, they will adopt the principle* ^aich, how- 
aver injuriona to their civil rights* »^wa ib^ the 
smilea of meeereha, and separate them trom the 

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K, <nF iw 


Maeoh, 181S; 

ta^nMl defpotiaiB of FerdiDand. Sir, under eir- 
cmnstaBees mueh more periloas, we haye acted 
witb more manlmess; we have disdained to be 
drawn from that coarse which a doe regard to 
oorte4Tes, as well as to others^ required. When 
Prance rose in the majesty of her strength, and 
broke the chains of a monarch's sway » when the 
Kings of Europe, terrified and enraged, combined 
to strangle in its birth the infant freedom of the 
world; when, so^ar from recognising, they clad 
thenMeUes in armor to annihilate the Republic; 
when our aristocratic Minister at Paris gare us 
to underatand that an acknowledgment of the 
Republic would prore fatal to our own ; then, 
oen then, comparatiTely feeble as we were, des* 
tkute of the population and resources which we 
BOW possess, the EiecutiTe formed the ma^nani* 
uous resolution to receive the French Minister. 
I beg leafe to call the attention of the Com* 
mittee to the ?ery words of the immortal man 
who then presided oTer the Etecuttve depart- 
neat ; the? deserve to be deeply engraved on the 
fliemory of every American statesman. In a let- 
ter at that time written to Mr. Morris, our Am- 
bassador at Paris, General Washington observes: 
*That the right of ererjr nation to govern itself 

* according to its own will ; to change itsConsti- 

* totioA at discretion, and to transact its business 

* through whatever agents it might think proper, 

* were principles on which the American Qoj' 
'ornment itself was founded, and the application 

* of which could be denied to no other people." 
Do we not deny the application of this principle 
lothe people of Buenos Ayres? And if it be 
the principle on which our Government was 
founded, do we not abandon it ? Were they not 
provinces likeourselvesl Have they not changed 
iheir institutions and their agents? If the prin- 
oiple be true in respect to ourselves, is it not 
equally so in regard to others? And do they not 
present precisely the case, on the happening of 
which General Washington considers the recog- 
niclon of them as necessarily ffrowing out of the 
elementary principles on which our own Govern- 
ment sunds ? 

Sir, there was a party at that time opposed to 
the acknowledgment of the French Republic ; 
the question whether a Minister should or should 
ftot be received, was submitted by the President 
fo bis Cabinet, as it is called. Mr. Hamilton and 
OenemI Knox were opposed to receiving a lliln- 
i^r; Mr. Jefferson and Mr. Randolph in favor 
«f doing so. General Washington, wno had pre- 
"nwnkj made up his own opinion, pursued the 
course recommended and susuined by the latter 
getttlemen. Mr. Genet was received. We did 
not wait for other nations to set us the example; 
we were not afraid of their displeasure, although 
they were all combined in arms to put down tluit 
Gorerameat; we acted as we chose, we acted as 
became the dignity of a free people; then the 
ery of danger, the alarm of war, which were in- 
eessaatly rung in the ears of the public, were 
disregarded ; we scorned the fear of punishment 
for exercising a rights for performing a duty. 
Bnt ft is a curiow foet^ and one that places our 

present course of procedure in a most singndar 
and unfavorable aspect, that the policy of Wash- 
ington was deneunced mb timid and unfriendly to 
France. The Republicans of that day, at the 
bead of whom stood our two last, and our pres- 
ent Chief Magistrates, were dissatisfied with the 
coldness and indifference of the then President 
towards a people struggling to establish the great 
principles tor which we had so nobly contended. 
Who were right and who were wron^f, it is not 
for me to decide, but General Washington re* 
ceived a Minister from Fmnce, when a political 
war was waged against her by all Europe eooi- 
Uned. He recognised that Republic when it 
was outlawed throughout all the world, when 
our population was comparatirely small, when 
our resources were insignificant ; while we, at the 
present day, when there is no war against the 
radependenoe of the people of Buenos Ayres^ 
while they are not denounced or outlawed^ when 
indeed their independence would be to the inter- 
est of ail other nations; when our strength, phy- 
sical and moral, is augmented to boundless re- 
sources ; and above all, when there is no danger, 
we, I say, do not by any means go as far as that 
Administration, whose caution, as it was theft 
called, was so offBttsive to the Republicans of 
that day ; for what reasons and from what mo- 
tives, I can neither comprehend nor oonjecture. 

Bat, although I have succeeded in proving the 
independence of Buenos Ayres, and in showinr 
that it is agreeable to the usaffes of the United 
States to recognise the independence of independ- 
ent Gorernmenu, vet it will be said that, in this 
case, we should deviate from our accustomed 
course, for fear of involving our country in war. 
If this were a sufficient reason, if it were Tery 
honorable to acknowledge ourselves deterred from 
doing what we have a right to do, from what we 
are accustomed to do, yet the reason is utterly un- 
founded in truth ; for why are we to be involved 
in war, and with whom, no one can tell ; there 
will be no war, there is no danger of war; in 
truth J war rages nowhere but m distempered 

Is it a cause of war that we acknowledge the 
independence of any Gtovernment whatever? It 
never was ao considered. Consult jurists and hia- 
torians—examine faeu and theory — I venture t» 
assert, that the simple recognition of indepeod- 
ence, without aid or compact, was never deemed 
a cause of war, and never did produce it ; the deo* 
laration of war hj England against Prance, dur- 
ing our Revolution, has been frequently men- 
tioned as proving the position for which our ad- 
versaries contend. A brief staument of foots will 
show how fallacious is such a conclusioa. TiMkt 
France did not content herself with simply ae- 
knowledgiog our independence, but at tike same 
time that she guaranued that independence^ aii4 
entered into treaties with us, that it was for her 
effrontery in makiag treaties with her rerolted 
colonies that England resolved on veiigeaiiee, 
are focts as notorious as any in the lustory of tbmt 
interesting era. 

Rnmsey laHB us that, after the capture of B«ff* 

Digitized by 





Maeoh, 1818. 

9pam»h American Prrmnce$, 

H. OP R. 

|oyne^8 MTmjj tfaeEing of Fraoee determined to 
take us by the hand and imblicly to espouse our 
cause, and that out Commissioners at Paris, 
Franklin, Dean, and Lee, were informed hj Mr. 
Gkrrard, one of the Secretaries of the Council of 
Btate, " that it was decided to acknowledge the 

* independence of the United States, and to make 
' a treaty with them ; that his most Christian Ma- 
^ jesty desired the treaty once made should be do- 
' rable; that he was fixed in his determination not 
' only to acknowledge, but to support their inde- 
' pendence, and that the onlr condition heshobld 
< require and rely on, would be. that the United 
' States^ in no peace to be made, should giye up 

* their independence, and return to their obedi- 

* ence to the British {^oremment." Conforma- 
Ut with these preliminaries, Louis XYL, on the 
6tn of February, 1778, entered into treaties of 
amity, commerce, and alliance, with the United 
States, and became the guarantee of their sorer- 
eignty, independence, and commerce. The al- 
liance between France and America was soon 
known to the British Ministry, and the Kiog and 
Parliament reaolved to punish France for treat- 
ing with their subjects. It will not be denied that 
here there was cause enough for war ; but how 
different from all this is the proposition for the 
timple recognition of the independence of La 
Plata ! But from whom are we to apprehend 
war— 'from the Spaniards 7 The idea is too ridic- 
viotts to be for a moment entertained. The Ad- 
ministration has gifen them quite cause enough 
for war alreadv, by taking possession of, and hold- 
ing a part of their territory, and th at, too, in spite 
of the protest of their Minister. We are at this 
moment, too, ioradio^ their country in pursuit 
of Indians; the truth is, they cannot make war 
against us, and our GoTernment know it. How 
can they do so — ha?e they troops to spare ? Why, 
they are unable to send a single regiment agaiost 
•ome of their proTinces; and their troops in those 
where they hare any are diminishing daily. I 
do think we are in no imminent danger from 
Spain ; but perhaps France may resent our send- 
ing a Minister to La Plata. Poor France, tramp- 
led, humbled, and subdued — I will pass by her — 
but Bngland may be disposed to chastise us, if we 
etmntenance the rebel Americans. Now, I wilt 
Yenture to assert that there is not an intelligent 
man in the United States^ that does not know 
that Bngland is as much interested in the inde- 
pendence of South America as we are, that she 
hma done more to promote it, and that, from erery- 
Ihiog^ that we can obeerre, she is as liberal, in all 
respects, to the great cause in which they are en- 
gaged as we can pretend to be. We may hush 
our afarms on that score — Bngland will not make 
war upon us; from the present state of Barope, 
I beliere we shall not have another war with that 
nation ; I am sure we shall not, unless for a better 
cause than our recognition of the independence 
of La Plata. 

Mr. Chairman, the combined despots of Burope 
cannot, as formerly, indulge themselres in the 
royal spert of arms; they cannot waijgre wars of 
amuaement or ambition ; they are sufficiently em* 

ployed in keeping their own subjects in subordi- 
nation. Admirable as their Qorernments may 
be. something like coercion seems necessary to 
impress that opinion on the minds of their people. 
The armies ot Burope are not now intended to 
guard against, or to make foreign conquests ; they 
are to keep their inhabitants in slavery, and the 
kings on their thrones; three millions of soldiers 
in arms are all necessary for that purpose; they 
hare no occasion to look abroad for employment; 
they need not come across the Atlantic. Sir, the 
impulse giren to the human character by the 
American and French Rerolutions still sur?i?e8; 
the principles of despotism and superstition are 
dead-^they do not suit the age; they may besut*- 
tained a little longer by the force of bayonets, but 
the loTe of liberty lites in the heart, will again 
before long hare utterance, and ultimately suc- 
ceed and triumph. Blind, indeed, must that man 
be, who does not see in the large standing armies 
of the QoTernments of Burope, the fear — the just 
fear — in which they stand of those whom they 
rule and oppress. Sir, we may manage our own 
affairs in our own way, without the fear of kings 
before our eyes. They have enough to do to 
keep things in order at home; their Tigilanee i^ 
more and more necessary e?ery day ; if they re- 
lax, they are hurled from their usurped dominion. 
I rejoice in this state of terror ana alarm, and I 
most seriously wish that many years may not 
pass away before sufficient proof may be giren 
that their fears are not unfounded and Tisionary. 
Bat, sir, admitting, as is, on the main, gener- 
ally admitted, that war would not be the conse- 
quence of sending a Minister to Buenos Ay res, 
yet it is contended that we have no interest, com- 
mercial or political, in their independence — in- 
deed, it is pretended that it would be better for 
us, that they should continue in a state of colo- 
nial subjection. Sir, I feel an aversion seriously 
to combat so vile a proposition. I cannot beliere 
that the happiness of others is incompatible with 
our own— such a principle does not enter into 
the great scheme of nature— -it is the pitiful 
emanation of counting-house calculation, and is 
as untrue, cs it is unwonhy of anything bat con- 
tempt. Sir, the independence of South America 
is the common cause of all commercial Powers^ 
for the question is, whether its trade, by the sub- 
version of its independence, will be again mon- 
opohted by Spain; or, by the establishment of it, 
laid open on equal terms to all the world; whether 
it is our interest to participate in the commerce 
of the colonial possessions of Spain, amounting 
in exports and imporu to two hundred millions 
of dollars, or to be excluded from it entirely. 
This is the view of the subject; for it most not 
be forgotten that a retarn of these countries to 
the state of colonies, brings along with it the coa*> 
comitant effi^ts of the monopoly enjoyed by the 
Metropolitan government. The commerce which 
we now enjoy would be lost to us; and when we 
take into consideration the number of our ves- 
sels already engaged in trade with the Atlantie 
ports, as well tts those with, and without licensea, 
interchangtog their cargoes with those on the 

Digitized by 






Spanish American Provinces, 

March, 1818. 

Pacific, we cannot even now doubt of its import- 
ance. Our navigation would be benefited by 
carrying for them a portion of their valuable pro- 
ductions to Europe, and returning to them the 
manufactures of that quarter of the world in ex- 
change. In carrying our productions too, wherever 
we might obtain the means of purchasing com- 
modities suited to their markets, our manufac- 
tures, too, if we become a manufacturing people, 
will then find additional demand; and I believe 
it may be also established, that our agriculture 
would receive essential benefit. It may be fairlv 
assumed, that the price of the raw material will 
^ enhanced in the proportion of the demand for 
the manufactured article; and the demand for 
the manufactured article depends upon the num- 
ber, the wants, and the wealth of the consumers. 
Who can, then, deny that these facts depend 
materially upon the independence of South Ame- 
rica? Independence will bestow upon the peo- 
ple every blessing — it will add to their numbers, 
to their industry, to their wealth, to their dis- 
position and their ability to consume commodi- 
ties, many of which will be manufactured from 
oor raw materials — thus giving encouragement 
to agriculture; and, being conveyed to them by 
Mir vessels, adding to the pros]>ects of commerce, 
aod the prosperity of navigation. An estimate 
of the value of a free commerce ought not to be 
made from the present situation of this interest- 
ing and unfortunate people, depressed and poor 
from the combined effects of superstition ana 
despotism, habituated to privations, and ignorant 
of the importance of the world to them, or of 
Uiemselves to the world. Their present value in 
the scale of nations is comparatively inconsidera- 
ble, yet their imports and exports exceed our own, 
and, when we reflect, under the colonial system, 
OD tne necessarilv enormous price of imports pur- 
chased exclusively from Spain; or, if obtained in 
any other country, burdened and clogged with 
heavy duties, payable into the King's treasury, 
we may arrive at something like just conclusions. 
When looking into futurity, we find millions of 
slaves converted into freemen — their iodusrry, 
their wealth, and their wants increased, the pro- 
ducts of their labor augmenting in value, and 
the articles of their consumption diminishing in 
price. But I do not consider the direct pecuni- 
ary advantages to our country, however great 
and certain wy may be, as of so much import- 
ance as the political and moral effects growing 
out of a liberal and manly policy towards that 
MOple. It will have a tendency to give us con- 
&4eao9 in the firmness and virtue of Qovern- 
mieat-^it will prove that it is not forgetful of 
tha hiAb character which belongs to us as a 
ppwerlul aAd free people-*that tne reputation 
w§ have acquired, at the expense of so much 
Uood and treasure, is not to be sacrificed by 
timidity, or an undue spirit of accommodation 
towiuds the monarchs of Europe— that we will 
do what our principles require, in spite of ima* 
ginary terrors, artfully excited by the enemiea 
of freedom-^, tfaati cautious of giviofl just 
caaae of oflenoel we. will parson tho (MUh oTfidel* 

ity and honor, in defiance of the views and wishes 
ot those whose political institutions make them 
necessarily hostile to human happiness and huoiaii 
rights— that we dare at least do, what we are soar 
tained in by right and truth, in favor of the liber*- 
ties of mankind, without being deterred by thoae 
who promote, with unhallowed violence, at the 
expense of every sacred obligation, the dogmas of 
priestcraft, and the doctrines of despotbm. And 
if we are asked by the officious and intermeddling 
representatives of kings, why it is, that we not 
only feel, but manifest sympathy for a people 
struggling to be free, let us refer them to their 
own unholy combinations, in support of the ejce* 
crable principles of their government — let as tell 
them of their wars for thirty years past against 
liberty— that if the safety of monarchies ia En- 
rope depends on the annihilation of republics, the 
security of a republic in America will not be in- 
jured by other republics growing up bv iu side; 
and that, if they have presumptuously broken 
down^ by force, whatever stood in the way of the 
establishment of tyranny, we may at least hoot 
to be forgiven for going so far as to assert an aV 
stract proposition in favor of freedom ; for, send- 
ing or receiving a Minister from La PlaU is no 

Mr. Chairman, this firm and open coarse of 
conduct would be worthy of the excellence of tke 
Government, which it is our pride and our boast 
to enjoy — it is due to ourselves. Gentlemen any, 
that the people of South America have i)o ciaiou 
upon us. I do not advocate the measure un- 
der consideration, on any such ffround. I do not 
believe, that the Government of La Plata has not 
only no claim upon us, but that they wish from 
us nothing but an acknowledgment of their inde- 
pendeoce^a measure, in justice, due as much to 
ourselves as to them. It gives me much pleasure 
to believe, that they neither wish nor require one 
aid. We have nothing that they want — thef. 
have money and arms, and a brave popul&tioai 
resolved to be free. They only wish to be placedL 
by a Republic, on a level with other estaMishea 
Governments. This we do not refuse to mpnafo 
chies, and we ought to exult in an opportunity of 
being the first to do so in regard to a people> like 
ourselves, freed from the yoke of colonial Tassalr 
ase. In the event of future wars, the political 
character of South America will be of much im- 
portance. If they are reduced to coloniea, or set 
duced by the flattering attention of Kings, an4 
driven by the cold neglect of the United Stales to 
adopt monarchical institutions, their weight, theif 
wealth, their boundless resources, may all add to 
the torrent which may threaten to overwhelm oa 
— but should they all ultimately prevail not only 
in establishing independence, but free Govem** 
ment, we, instead oi Europe, would enjoy thes« 
advantages, or at least the ne(j^ive benefit of tlieic 
neuuality. That the commerce and independ- 
ence of millions of individuals, occupying a conm« 
try abounding in the richest prodactions of the 
world, shooldbe nnimportant and oninterestiag to 
Uf, is an idea far beyond the reach of my eomnce* 
heoaion. Snch an opinion muat grow oot ot iw 

Digitized by 



HISSOKT OF ooNeitass. 


BiAftCB, itts; 

H. o» R* 

•Miqoitf of yww9 uid ptrfvnity of intelleet, pe- 
eular to the £nr by wbom il is eBtcrtauied. 

h^ the pvogrts of this debate, sir, I here been 
fery forciblf stnnk with a eirBiimstaBee which I 
proceed to meatioa : The geatleinaB from Gteor- 
fia is mocA ahirmed at the strong aii4 fearfoi pro- 
positieo of tiie Speaker. And the gentleman from 
Qeoigia teUe us, that be is decidedly in favor of 
tateg postessioB of Florida, whilst the geittie- 
man fcom Keatveky, on the other hand, objects 
to the prvpositioii oc tte gentleman from Geor- 
gia, ae bemg infimlely too hostile, and fravghc 
wiih the very daogeia improperly attributed to 
hBowa ; wlulst a iacge ma^omy of the Commit- 
ice seem to object to the propositions of both the 
gentiemeiL on the score of their beUigereat char- 
aeter. Now, for myself, I think my eootse is 
ekar. I egne with both the gentlemen***-! wsould 
snd a liwister to Boenos Ayree^ beoaase we 
bun a right, «id it is eor doty to do so, aiul I 
think it a£o a iiarmless and inoifensive men s me ^ 
Aad I wonJd fake possession of Florida— I woold 
§tm the fiftiectrtivse efficient snppoit— -I woold 
mMt thea^ after iumn^ so eleariy and so fruit* 
lemiy ertabliahed ear eiaiBis agaiastSpain, to do 
the nation jostiee* I wonld prove to the world, 
that the many grievances of which we have for 
so many yews so bittefl}r oomplained, were really 
sMt: tns the debt which was demanded, was 
really Am, and that it shook! be paid* I would 
aei auilir these ^nosj so important to the rights 
aad the character of the United States, to exist 
aa^ 1 Paget as mere themes for diplomatic dex'^ 
serity aad diseaasioa-^I woold after 15 or 18 years 
aease to write or talk about them— I woold se- 
qaester the ai^oiniag territory of Spain, till «he 
agreed to do us jnstioo-*! woold take Florida 
fiom Fenttnand, and sire the same reasons lor 
doing so as those which had indoeed us to take 
Amelia lalaad from the patriots. I woold say it 
is aa aeyktm for ranaway negroes; that it is 
a laeaiie by wiMeh Africans are smoggled iaio 
Ike Soathern States; that it furnished facilities 
&r the Tudatioa of oar laws, to the serious injury 
of oar reveaoe; all these £icts are as true in te^ 
laciea to the other pans of Florida as to Amelia 
iilaad, and troa to a mach more mischievaas ex- 
teat. But in addition to thpcse seasons. I wouU 
sMiOi others eieftnsively applicable to Florida. Is 
mt€ Fkddailled with a population the most hor- 
fthla to eaeoaoter. ceni|waed of negroes and In* 
dia as , yrho carry desolation aad desih among our 
ftoaiier iahabiamu? Aad is not Spain boand, 
Iqr tha sakmasttpakiien of tveaty, to preserve us 
from the destruction which she now so calmly 
w i a se w s es ? Are the wraage of oar oi^zeos, and 
thaaaoreioos expense to which we are driven to 
p eo i e e t tiieaa from farther injury, unworthy of 

I wwM' then taks possession of Florida; aad 
I asaold uke pos o s i ii on of it openly, aad above 
beard : I would approach the subject by no ini^ 
leet ooarte ; I woald aet in the face of the world ; 
lappof tad by eonscious rectitude, 1 would be pre- 
peosd to meat whaoiver coaseqoeaees might en- 
eue. Aad it iaaot the great and unholy destroy- 
15th Con. let Sxse. — 49 

ere of the independenoe of aatbas in Burope, 
those who have reduced to their dominion whom** 
soever they pleased, wherever situated, whethei 
ia America, Europe, Asia, or Africa, from whom 
I should apprehend reproof. Their coaduet ia 
regard to others, has indeed been black} oars 
would stand the test of the most scrutinizing ex^ 
amtnatioB. I think their objections mi|^t be sue* 
ceeBfttlly met by a short catalogue of their ovra 
acts; a concise recapitulation of their own aai« 
bitious and iniquitous practices. 

Having now, Mr. Chairman, however aasue* 
oeasfoUy, attempted to show that the Gtovetuanai 
of La Plata is mdepeadent; that it ic agreeable 
to common ueaffe to aoknowledga the iadqpead^ 
COM of mdepeadeat Govormneats, that saoh so- 
knowledgment isntita jast eanaeof war, aad ia this 
castt could not produce itj I cannot hue heae that 
the proposed appropriation will be agreed ta. it 
will be considered by the world as aa ex pt essi o a 
of the opinion of the Represeatativea of the peo* 
pie of the United States, on a subject^ gsaat iav- 
pof taaee } il will be oonsiderad in no other Ught^ 
it is ridiculoaB to connect it with what the Preh^ 
ideat has done or said; it will be viewed aadet 
a more important aspeci— it will evideaee the 
deep interest which is fek by the people of North 
America in the shuatioa of their brethren of the 
South; it will add in after ages to our fama aad 
honor; it will show that we at least are net a* 
different to the poUtioal time of maa. 0i^ I ftel 
a warm interest ia the fntare prospentjr of Seath 
America; it ought not to renmin in ita premnt 
debned and humbled state. Nature has dona too 
uMch for it to intend that ail the blessings it has 
bestowed should be bestowed in vain; that ka 
beneficent plan should be marred by a capdciovs 
tyrant. The diversity of its oltmotes, iu varioas 
productions, its peculiuly happy situatioa, lyam 
between the other quarters ot the world, wim 
ports on the Atlantic and Pacific oocMe; itelaige 
rivers and fertile soil, all give it a disttfag ni s h e d 
station in the universe. But, sir, it is saidhy the 
gentleman from Georgia, (Mr. Foaarr^) that 
Its inhabitanu are at present neither ficee aor it 
for the eojoyaient of freedom. I do mfaat, sir, 
that despotism has done mtich to disqaallf|F' tham 
for the enjoyment of their rights,, hut I witt aot 
believe that they are ioteaded, by an aUMvise 
Providence, to reumin the slaves of king» aad 
priests. I believce, I hope the gentleauui^ is aaie- 
taken; I do booethat weave not theeetodepea^ 
tory of all the freedom that sarvivee^tlieariL liMt 
float* alone on the uaivefsal deluge. 

Mr. Smitb, of Maryland.— The mottoo now 
under eensideration, is to appropiiate a salary aOd 
outfit for a Minister to La Fkta. This eouraa ef 
coaduct on the part of Congress would he novel 
and wholly unpreoedented. The Constitntioa has 
given to Congress legislative powers— to the Piee- 
ideat the direction of our interooniee with for- 
eign nations. It is not wise for us to ialerfoie 
with his powers; his plans may be digested with 
wisdom; our intetfereaoe ought deetroy them, 
aad, perhaps, at the moment when they woald 
otherwiee have succeeded. Bach hraAek had bet- 

Digitized by 






Spamih Amsriean Provmees. 


ter eiMifiiie itself to the duties assigned it by the 
CoiistitutioD. Much offence was given by the 
President, bjr en opinion expressed, with the best 
BOtiTes, in nis Messafe^as to the powers of Con- 
gress to construct roads and canals. The Speaker 
expressed his sentiments on the subject, conceir- 
ing it to be an improper interference of oar legis- 
latiTe rights— as giving weight to the argumenu 
of those who concurred with the President on the 
Constitutional question. Is the motion now be- 
fore you intended as a retaliation? Are we about 
to direct him in his duty, and to tell him what be 
ouffht to do ? No. said the gentleman last up, 
(Mr. RoBBRTaoH,) we mean only to siutain him. 
I do not find that ne requires us to sustain him ; 
he appears to have taken his course, as it respects 
the colonies of Spain, with judgment and caution. 
He appears to have a sincere desire that those 
eoloniea should become independent, but be wishes 
first to know their true position. He does not 
think the information he possesses is sufficient. 
We are caHed upon to recognise the independ- 
eaee of La Plata, and upon what information ? 
Certainlr none sufficient to enable us to make up 
ft wise decision on a subject so rery important. 
No two gentlemen agree upon the state of the 
ooimtry, or the form of Government. We know 
not whether it is a Republic, such as ours, of the 
people; whether it is a military Government, or 
one by a Dictator. But we are told by my friend, 
(Mr. Robertson,) that we should pursue the 
coarse of conduct adopted by General Wash ino- 
TON with the French Republic. Well, Mr. Chair- 
man, we consent. Did Congress, on that occa- 
sion, direct the conduct of General Washing- 
ton ? Did that Congress tell him, that he did 
not understand what he ought to do, and that they 
would instruct him? No, sir, they left him to 
exercise the powers vested in him by the Consti- 
tution — to the exercise of his own judgment; 
they sBstainedhim by no act. Let us act in like 
manner by the present Chief Magistrate ; he has 
not asked for our assistance— he has asked no out- 
fit for a Minister to La Plata ; when he does, it 
will be time to consider the subject. 

The Executive is charged with an indifference 
~-R negligence — towards the cause of the patriots. 
I caimol discover any ; on the contrary, it is well 
known that, about six or seven years past, an 
agent, of intelligence, was sent to La Plata; that 
he travelled throngh all that countrv and Chili, 
and remained some years in those colonies; ano- 
ther agent is now there; and lately three commis- 
sioners have been sent by the present Executive ; 
their object, to judge of the state of the new 
Power, of ito capacity to maintain iu independ- 
ence, and to procure such other information as 
may enable our Ctovernment to 'form a correct 
(pinion before we act. Why, then^ not wait their 
return ? Why precipitate a decision, before we 
are possessed of such authentic information as 
will lustify a step that may involve the nation in 
war? The Speaker has told us that recognition 
is not cause of war, but that aid is cause of war ; 
and he has referred us to the revolt from Spain 
of the United Provinces of Holland, and to our 

own glorious Revolution. Let us examine the 
facts. When dueen Elisabeth recognised Hol- 
land she granted aid, at the same time she pur- 
sued no half-way measures— she generally acted 
with decision. How did France act towards ns? 
In May, 1776, she sent an agent to London to 
confer with Arthur Lee; he informed Mr. Lee 
that the Court of France wished to send us an aid 
of 200,000 louis-d'ors in specie, arms, and ammn- 
nition, and what he wanted to know was, to what 
island it was best to make the remittance; that, 
to give it the appearance of a mercantile transac- 
tion, a small quantity of tobacco should be sent 
in return, as a cover, but that the remittance was 
gratuitous. It is well known that Beaumarehaie 
(the French agent) drew from the public arae- 
nals of the King, cannon, arms, and clothing, for 
twenty or thirty thousand men, and that they 
were actually shipped in September, October and 
November, 1776 ; they were delivered to Bean- 
nuirchais, as if he had been a merchant, and he 
gave his assurance that they should be replaced; 
and he actuallv received from the King one mil- 
lion of livres m June following, which has been 
thought by many was to enable him to parehase 
and replace the military stores drawn by him 
from the public arsenals. The great aid of mili^ 
tary stores and money, say three millions of li vres, 
afforded by. France to the United States, we 
know was known to England. The King of 
France, in his letter to the King of Spain, dated 
8th January, 1778, says distinctly, "* England has 

< taken umbrage at those succors, and has notcon- 
' cealed from us that she would be revenged on 

< us sooner or later." Those succors were |{iven 
in 1777, were known to England, yet she did not 
go to war on that accoimt ; but soon after De 
Vergennes bad declared to. Lord Stormont, that 
France had recognised the independence of the 
United States, had authorized a commerce witk 
those Slates, and were determined to protect it, war 
was declared. Here, then, it appears that the re- 
cognition was the cause that England did actually 
go to war. Holland gave us no public aid what- 
ever ; she even forbade us to ship munitions of 
war from her European ports ; but she permitted 
our merchants to obtain supplies, and to trade 
openly with her colonies of St. Eustatia and Cof- 
ra^oa. When Mr. Laurens was taken, his papcn 
were saved before they sunk, and a recognitiMi 
of our independence (perhaps a treaty) b]r Hol- 
land being round amonff them, war was iaune- 
diately declared against ner by England. Froai 
these facts I am induced to form an opimoOy that 
recognition is a cause of war. 

A comparison iias been drawn to our diasd- 
vantaffe between the conduct of France towards 
us, when we were struggling for our independ- 
ence, and our conduct towards the patriots of 
South America. Let us examine the subject 
with candor. France covertly permitted atma, 
&c., to be taken out of her arsenals for our uas ; 
she openly forbade her ports to our trade; would 
not admit our flag to flv in her European ports; 
but the secret agent (Beaumarchais) procarod a 
private permission from the Fanner Qeneral to 

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ifAMOB, lais. 

Spamfh American Promnce^, 


permit then ei^j. How dtfierentiy hmre we 
meted towards the patriots? Our Gfovernment, 
for causes into which I will not inqoire, made 
sale of a larse quantity of arms to the merchants, 
who fMi^ shipped them, and arms bought 
from ittdjridaals, together with powder and otner 
munitions of war, to South America, and thus 
took the lead of all other nations, in substanti- 
allf aiding the patriots in their struggle for inde- 
pendence. The laws admitted all people freely 
to enter our ports and trade ; the President might 
hare permitted the laws silently to operate; he 
did mere; he issued orders, lest any difficulty 
shonld arise, to the collectors to admit the fes- 
sels and flas of the patriots to entry ; and I think 
the Spanish Minister protested without e£feet 
against that conduct. From this view of our 
conduct^ I do not think we can justly be charged 
with doii^ less for the patriots than we ought to 
hare done, or th^n Fmnce did for us. 

The Speaker has giren us a correct gec^raph* 
icai riew of the Spanish colonies, commencing 
with Mexico. He describes that colony as capa* 
Ue of prodncin^ some articles similar to the pro- 
duoe of the United Slates, particularly tobacco ; 
hat comforu us with his belief that the people, 
not hariBg heretofore produced it in such quan- 
tities as to interfere with us in foreign markets, 
they will net when they become independent. 
The Speaker knows that the article of tobacco 
was a monopoly in the Crown, and that its cul- 
ture was confined to particular districts of coun- 
try by the laws, and that little more than neces- 
sary for the mother country and colonial con- 
sumption was allowed to be raised ; that a free 
export was not permitted. But when an inde- 

rsndent Gorernment shall be established, which 
sinoerely wish, new excitement will take place; 
agricoltttre will be free from all shackles ; com- 
marce will be open to all nations^ and those op- 
pressed people will make use of all the means 
that their fertile land will afford; and why should 
they not % Why wish them free and indenend- 
miy and iad«lffe a wish that their industry should 
he paralyzed, lest it should interfere with our 
interesul The Speaker has for^tten that the 
table lands of Mexico produce, in great abun- 
dance, the finest wheat; that floor is exported 
from La Vera Cruz ; and that, if the people 
were encouraged, they could spare large qnan- 

Mr. Chairnuia, I see, sir, that the Committee is 
impatteau I shall pass orer New Grenada and 
FeDesoela. and apply my obser? ations to the 
object of the missioa under consideration, to wit. 
La PJaia. In a commercial point of yiew, of 
what service is La Plata to us ? Of Tery little 
in time oi peace; the produce or that country is 
the same as our own, to wit: breadstuff, cot- 
ton, tobacco, dbc. I know no article we can ex- 
port to La Plata, except munitions of war ; of 
them they hare now a superabundance. In time 
of peace and tranqnillitr, they will not want eren 
those articles. From La Plata we can import 
htdeaaad talioWi the Speaker saya. and specie. 
I beliere they haTa no mines, ana the specie 

procured by them is from Peru ; they genefally. 
however, faiaTe had a large amount of specie ui 
circulation, and, of course, it may be procured— 
but how? We cannot get their specie, hides, 
and tallow, without having something with which 
to pay for them; we can s«td nothing from oor 
own country to buy specie, and the nations whose 
manufactures suit the people supply them dirtet, 
on better terms than we coum do indirectly. 
The Speaker very justly observes, ^ that the in^ 
^ genuity and enterprise of the merchants is very 
' great ; and he trusts that they will find some 
' circuitous mode of arriving at the means by 
* which the specie may be procured at La Plata.; 
' that the merchants have been under the neces- 
' sity of calling at some European port for specie 
' for the India and China trade f and this is true, 
but then the ships always carried cargoes, on 
which the owners expected to make a freight to 
pay the expenses ot the intermediate voyage. 
The difierence in the price of specie between the 
market of Europe, and that of Buenos Ayres, 
would not pay the expense and loss of time that 
would happen to a vessel bound to India, for 
stopping at that port, and it would scarcely bean 
object for a vessel to go in ballast from the Uni- 
ted States with bills of exchange to purchase 
hides and tallow ; the distance is too great. Few 
of onr merchant vessels frequent Buenos Ayres; 
and the merchants who have had funds thete 
latelv, have been under the necessity of employ- 
ing English vessels, in many instaiiees, to bring 
the hides and tallow of that country to this. 

The Speaker has informed us that the people 
of La Plata cannot become a navigating people ; 
and, of course, they can never interfere with our 
carrying trade. He says, they are too near the 
sun to become seamen, I have always under- 
stood that navigation had its origin among the 
people who lived in warm climates. The Ma- 
lays live direetlv under the sun, and are believed 
to have carriea on navigation in former timeai \ 
throughout the whole of the Indian seas; their 
language was a kind of Linffua Franca, when 
the Portuguese first discovered the way to India» 
The Arabs filled at that timcLalthough near the 
sun, all the ports of India. Tyre and Carthage 
are both nearer the sun than Buenos Ayres ; and 
their people were the greatest navigators of the 
then known world; bit Buenos Ayres i%^ I be- 
lieve, no nearer the sun than we are at this mo- 
ment. It is in about the same latitude south 
that the Chesapeake is north. La Plata will 
support her iadependeace ; and, I bope^ will 
(when at auiet) establish a good form of Gov- 
ernment. If it be a Government of the people, 
the mind will be free to act, and the consequence 
must be, that they will, in a few yeMS ^J^ 
ships of their own. Yes, sir, they will buMd 
ships ; will extend their commerce, and will be- 
come their own carriers. Why should we doubt 
iti Who would have supposed, in 1790, that 
the United States would in 1806 have been the 
second navigating people in the world; that we 
should ht this time have nearly one million and 
a half of tons of merchant vessels, including the 

Digitized by 





H. or R. 

^Spanish American Prtmncei. 

March, 1818. 

cotstiDg vessels. This great increase is owing 
to oar free GtovernmeDt and wholesome laws. 
With such a Qovernment, the people of La 
Plata will soon be a navigating people, and in 
twenty or thirty years, may have a fleet eqaal to 
that we now have ; and, if they should, we may 
at some fatare day defend the liberty of the seas, 
acting in concert. 

The Speaker has said that Spain cannot go to 
war — that her finances are in too ruinous a state. 
He tells us that he derives this information from 
Mr. Garey, the Minister of Finance, who has 
drawn a picture of their finances, not unlike that 
of Mr. Dallas's report of the finances of the Uni- 
ted States. Tes, sir, Mr. Dallas boldly told us 
our situation^ and we profited by knowing the 
truth. Mr. Garey has as boldly told the truth to 
the King of Spain, and what has been the conse- 
qenee? Why, the King has lessened the public 
expenses, by aischarging a host of custom-house 
officers ; for every town in the interior of Spain 
bad its custom-house ; now they are only to be 
seen on the exterior of the Kingdom, ^ut the 
great object of Mr. Garej was to show the King 
tiM iadispensable necessity of compelling the no- 
bility and clergy to pay their fair proportion of 
tbe public burdenA. The Kin^ has done so. This 
bat brought in a large addition to the treasury. 
The clergy had remonstrated, but without effect. 
I state tMse ficts to affirm the observation of the 
gentleman from South Carolina, to wit : that we 
ouffht not to place too c^reat a' reliance on the 
detect of the finances of a nation of whose re- 
sources we know so little. They must be low 
indeed, if; in our recognition of one of her colo- 
nies, Spain does not declare war. The Speaker 
tells us, truly, that if Spain should declare war, 
ber possessions — to wit: Cuba, Florida, and Mex- 
ieo-^will be endangered. I have no doubt they 
wo«ld, for I presume we should not carry on a 
qwmi war. We could do Spain little injury at 
sea, for she has very few vessels afloat. Our 
commerce, however, would be greatly exposed on 
the ocean. Our flag floats on every sea, and un- 
protected, (as it would be,) would afford an abun- 
dant harvest for the privateers that would be put 
to sea iVom Spain, manned by the seamen of all 
naik)D8, and owned by the merchanu of many 
of the European Powers. And in return for the 
sacrifice of our commerce we would take Flor- 
ida, might attack Cuba, and carry our arms into 
Mexico, through I know not how many hundred 
miles of wilderness. These would be extensive 
enterprises, and not a little expensive. The suc- 
ceerwould be doubtful. At least, you could not 
atfottpt such a conquest with less than twenty or 
tbirty thousand men. If the Mexicans joined 
your army, there might be a chance for success ; 
if net, few of your army would ever return. 1 do 
not find that any gentleman has thought of pro- 
viding the means for war. In case the motion 
should obtain, no one has an idea of renewing the 
tixes that we have lately repealed. No, sir ; we 
take a step that Would compel any nation to 
declare war that bad the means. We comfort 
Oursdvee by saying that Spain cannot go to war. 

and therefore all preparations on our part are 

The Speaker has given himself much tiouble 
to convince the Committee that England will not 
take part in a war, on the side of Spain, against 
the United States. Why, sir, England has oona- 
menced many foolish wars; but I cannot believe she 
would commit so great a folly. Spain and the Uni- 
ted States at war^-Great Britain neutral ! What 
would be the consequence 1 Insurances in Amei>> 
ican ships and seamen's wages would riae.^- 
Freiffhts could not be carried on equal teraas; nmd 
English ships of course would become the carri- 
ers of all the produce of the United States, wbile 
our vessels would be laid up to rot at our wharres; 
your sailors would be compelled to go into for- 
eign service — they would be lost to their cotuitry 
and to our Navy ; no youths would be trntaed to 
the sea. A war with England would be pre/er*^ 
able to a war with Spain, and England neutrtL 
England would be precisely in the situation dut 
we were for many years of the late wars^^to wit : 
carriers for all Europe. 

Mr. Chairman, I recollect to have seen, mmmf 
years ago, a print. The principal object waa a 
beautiful cow. In her front were two ■ i ea **^oae 
in white, the other In scarlet ; swords drawn, and 
fi|[hting most furiously, while a fat Hollander sat 
with a milk-pail under the cow, milking quietly, 
and looking up at the combatants with a smile, 
mixed with pleasure and contempt, at their foUvv. 
In case we ^et to war with Spain, the fiaglisb- 
man will milk the cow, and with jnstiee UHigb 
at our folly. 

It may not be improper, Mr. Chainnan, to look 
at our trade with Spain. We annually expert xo 
the dominions of Spain eight millions five buB* 
dred thousand dollars value of property— 4o wits 
four millions five hundred thousand doaftalie 
produce, and four millions foreign— dearly the 
whole of which is carried in our own vesaelst 
The domestic consist of bulky articles, and reqviM 
a large quantity of tonnage, m proportion to their 
value ; they consist of tobacco-^priacipallf froua 
Kentucky ; that kind is preferred in Sfwn teany 
other, except their own colonies— flour, riee^ la* 
dian corn, fish, naval stores, lumber, peas, beMM) 
furniture, carriages, boots, shoes, hats. And| ia 
addition to the above value, a number of veaaek 
are annually sold to the Spaniards. We risk all 
this valuable commerce by the motion. And wbat 
article can we supply La Plata with, ia ease abe 
becomes free ? I nave already stated, that I do 
not know one solitary article of our preduee tbat 
could be sold for first cost ia La Plata. We hava 
just been relieved from an expensive nar, $^4 
have a large debt to discharge. The people are 
happy and content — they have been relievM ftoa 
the direct and internal taxes — and I am not wil* 
ling to do any act that may Uad us into a war» 
and make it necessary again to impose similar or 
perhaps higher taxes on my coostitoeats. 

We are gravely told by the SpeakeiN that there 
is BO difficalty in appropdatiag for a forelfn ms'^ 
sion to a Monarch, but oae to a Republic ie not 
so eaay to obtain ; that our Qevemmem eriage* 

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tUMoa, IMS. 

iHMrt€WI /^r09MM#« 


t# «ff«Wft«d hctib| aad bad mmt to'Swticn «Bd 
HolliHi4 Mudtms PleDipoCentiary, when those 
CbiFcnmmeiits hid onlf tent Clianrts d'Afiaires to 
the MidM Slates ; and that oer Oof efDment had 
«cted to like taanaer tvwaids ell the Ifoaapehs 
^ Bvrat. Mr. Chainaaii, if I reeoUeet eer- 
reetlr. ttose eets were doae doriv the time of 
li r. Mate)!, nor did I imow that tkef had ever 
before met the Speaker'^ disapprobetfon ; on the 
eoatrarr. I thoold ha^e betiered they had been 
•pproYed by him. Howevw, the Speaker will 
be nleaeed te loow that both will seen return. 
IVo Minister has yet fone to Aottria, although, 
it is weH known that the flmperor is anxious to 
eneemraceoureommereetohisdomkiions* Den- 
-mtirk has bad a Minister in the United States 
lor nnmy jcars; our GoTemment has not returned 
the eouofliinent. Holland sent a Minister Pleni- 
potentiary to the United States (Mr. Ohauffuion) 
mnd in return the late President sent a Nunister 
of efual grade. HeUand withdrew her Minister, 
and sent a Charge, and I understand the present 
President means to act in like manner. It appears 
thus that no eensure attaches to the President 
now in offiee, on that subjeot. The Speaker tells 
«s that Prussia has sent a Minister to the United 
fitates. and that eor G^eremment will retura the 
>compUment ; and for what ? he asks. Prussia, he 
eays, has only two miserable ports on the Baltic. 
The Bnaikcr forgets that Prussia has lately ob- 
tained Swedish Pemerania, and eiHoys a seacoast 
of more than sikty miles, from Mecklenburg to 
■theeottfines of Russia, inoludiag many noble ports ; 
a meng the namber, the «eat city of Dantsie, the 
BttalsundjKoninaebeig, Stettin, and Memel; that 
we draw from Prussia Uaens of all kinds, to a 
Jaige amount, end pay her in tobacco, cotton, 
I eugar, eoilee, and tea, and other articles of our 
surplus importations; and yet I ha?e not under- 
etood that our QoTemment intends to send a di- 
-ptomatie agent Uiere immediately. 

Mr. Chairman, it is the duty of the President 
to endeuTor to extend the commerce of our coun- 
ttt ; and wfaenerer he can do so by the sending 
of a Mittiflter, I belicTe he wftl. It might be im- 
porttMit te send a mission to Oonstantinoble, and 
by treaty eause our vessels to be admitted on 
cqui^ terms with other nations; at present they 
-are not. 

Mr. Chairman. I think I have shown that the 
'Oonduct of our CKrremment towards the patriots 
of Soutfi America, has been liberal and proper ; 
•that recognition by France and HoUand of the 
independence of the United States, was the cause 
of fln^lani deckriag war, and of course that re- 
oognition is considered as eause of war. I haire 
enoenrored te showthat we have not yet such in- 
-fonsation as to the situation of La Plata, as would 
justify 08 in taking a step that would probably 
lead te war ; that the Prssident has pursued t^ 
proper course to obtain correct information, and 
that it is prudence to wait the return of the Com- 
missioners before we act. 

Mr. FiiOTn, of Virginia, rose, for the purpose 
■ef offnrin^^is riew of this interesting subject, to 
the consideration of the Comnnttee, in support 

of the amendment j^roposed >ythe heneraMe 
Speaker; and said, as he knew the House tnnst 
be wearr at this late hour of the day^ the od^ 
apology he could make, was, that he would net 
detain them long. I am, said he, strongly iaa- 
pressed with a belief that an anpropriatien of this 
kind would well comport with the dtaintereeied 
Tiews of this GoTernment, and would rankle the 
President at any time to dojus^e to this Repub- 
lic, which has achiered an object eo gloneus 
to itself; and of such signal beaeit te mankind. 
The present is a favorable HMment,when our 
afiairs are piosperous and quie^-'the world ealm, 
and no political ebull^ions to distract us. Thb 
would tie the safo oourse-^-the dignified course^*- 
dictated by the true policy of the United Stales, 
and one ealenlated to free them from the odious 
doubts and suspicions of partiality, whioh have 
been east i^kni them, a^ would plaoe their eon- 
duct in a high point of view, bom for maguani- 
mitr and justice. 

Tiie spectacle preeented to our view is sublime 
and wonderful; a brave people, disdaining the 
shackles of a foreign des|N>t, wading through 
rivers of blood lo erect their oenetstntion sqMMi a 
firm basis, which will secure to them the enjoy- 
ment of personal liberty, and give Uiem a stand 
nnong the nations of the earth, as fsee and inde- 
pendent. Through the storms of te velutien, their 
institutions have been purified. Waiving new 
to maintain their freedom, they appealed to this 
nation far justice, and ought to have demanded 
our attention. This nation, fine as atr, ennnot 
envy the enjoyment of the World besides^ will 
bestow a part of its ddiberatione upon that appeal ; 
nor now refuse to listen to the cfotntes ef justice, 
of peliejr, or to the cries of suflbring humanity, 
in adopting thisamendaeni; that the appiepeia- 
tion may be made; that justice be dealt out with 
an even handp^^as I ehoold beeeiry to believe the 
United States oould at any time so for foiyet the 
great principles of e(|ual rights, e^uallibeity, and 
equal law, as to gbre the sniallest gseuada for 
* ' it to any natioa. and surely tie eitan^on 

of these people entitles them te this nppellacien. 

The civil dissensiotts which for some time eo 
convulsed the Spanish moouchy, bane at length 
amumed a determittnte shape, and wnr is new no 
longer the war of revolutioiL or a civil wir|bnt 
the eiorts of oontendinff GovemmcBts. This 
young Benublic,poirerforin its resources, seeer- 
ering with renewed vigor from every disnsler, 
believes herself justified by thei«w of nationikin 
demending n moQgnition of her tights as a wee 
and indepMidcnt nation. 

Spnin, bloated with jiride, iniierited threugh^t 
long line of nacestors, i» ineapeMe of imitating 
the noble and magnaaimous conduct of Great 
Britain, who, nlier seven years of trar with us, 
came forward as Great Brinon oonht to iHwe 
done, and aekaowledged our independence. Yet , 
that Monarch, who beasts the sun nevereets tipen 
his dominion, paits with rehietanoe foom the 
smallest piece of soil, and wan by withholding 
his assent to indqwndence, when hostilitiee have 
censed, through iaafaflity to preeeeute them. Alise- 

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H. opR. 

SpcmiUh American Promnces. 

MjlSch, 1818. 

Table is she is, without resources, without fintnces, 
benkrapt at home, that moDarchf still lingers, like 
the gamester, upoo the delusive hope that a for- 
tuitous coocurrence of circumstances may again 
bring under her dominion half a revolted world. 

And now we are told bv the honorable chair- 
man of the Committee of Foreign A£fairs (Mr. 
Forsyth) that he is unwiilinff to make the re- 
eognitlon, because it will interfere with our dis- 
pute with Spain. Surely that ought not to weigh 
with him from whom, recollecting his declaration 
a few days ago on this floor, it is expected some 
strong measure will be proposed witn regard to 
Spain. Is it a declaratipn of war ? then why 
ehould he oppose this recognition 1 Is it a propo- 
sition to take possession of Florida? Why in 
that case should he oppose it ? rather ought it to 
be a cogent reason for adopting this measure. 
Yet. inadequate as Spain is, to a task so unequal 
as tnat of reducing a Government fully organized 
since their revolution, and exercising the rights 
of sovereifl[nty for years, building fleets, raising 
and equipping armies, ana marching them to dis- 
tant provinces to finish there a work which them- 
selves had consummated — ^notwithstanding these 
strong and decided proofs of independence, ex- 
hibited in the fullest powers of government, un- 
moleated by hostile troops within their territory, 
still we hear of Europe ; as if, to measure justice, 
we should consult the frowns or smiles of another 
continent I 

From some cause or other, lively apprehen- 
sions have arisen in the mind of the honorable 
ckuurman of the Committee of Ways and Means. 
(BIr. LowMDBs,) that an acknowledgment or 
this kind might involve us in national difficul- 
ties. Can he, of all others, who is so well ac- 
quainted with laws of nations, hint this result of 
un acknowledgment, admitted by all the writers 
on that law, to be no cause of war ? Whilst I 
would, with the most scrupulous care and exact- 
ness, avoid what might endan^ the tranquillity 
i)i my country, I would likewise avoid whatever 
miffht give a pang to this budding Republic ; 
and if to pursue the right, and adnunbter strict 
impartiality and justice, cannot secure to this na- 
tion her amicable relations undisturbed, it would 
be madness or folly in the extreme, to believe 
any -oourse free from the dangerous tempests 
which as often arise from mistaken policy as 
conflicting interests. I am ^rry that gentle- 
man (Mr. LowMDEs) has insinuated that the 
proposed measures was in hostility to the Exe- 
<Hitive ; it is to be lamented that any such opin- 
ion should have escaped him; from his usual 
benevolence it was not expected, and if anything 
lias been contemplated of that kind, he might 
have spared those who advocate the measure 
from honest convictions. But against any such 
motive for myself I utterly protest, nor do I be- 
lieve any such motive to have a^uated the hon- 
orable mover of the proposition. I have been 
imj^ed by the convictions of my own mind, and, 
whilst ever % have the honor of a seat in this 
House, such onlv will govern me. 

In thu fear of giving o£fence, and this zeal to 

convince the nations of Europe of the rectitude 
of our intentions, are we not bound to take care 
of the interests of America, that she should not 
compJain 1 As she has already been considered, 
and that too by high authority, as engaged in 
civil war, k situation in which all knew, that in 
justice each party is entitled to equal rights and 
respect ; and, as seems manifest, warring to mainr 
tain an independence which she has already 
wrested from the iron grasp of oppression^ and 
ought to be regarded by th^ world as the germ 
of general emancipatioo. Clear as these facts 
seem to be, we are told, with a doubtful inquiring 
look, as if listening for danger, that we are oIk 
served by Europe, and that we should not excite 
their jealousy or distrust, as if the justice of na- 
tions was the result of fear; I know, too, there are 
many excellent men whose feelings are enlisted 
for tnese brave patriots, struggling against n Pow* 
er which still annoys them, who pause in their 
decision because this Hydra Europe is constantlv 
presented to their view. Sir, it will be a blacK 
and sorrowful day to this Republic, when thia 
imaginary course of Europe is to be held over 
its ^liberation like a lash of scorpions to goad it 
on to anything or stop it in its course. Can that 
alarm the nations of Europe which is bouomed 
upon the law of nations, since thev have been so 
lateljr engaged in apportioning that plundered 
conunent, without consulting our jealousies or 
out fears? For my own part I cannot imagine 
sucn fears— radically inimical as I am to an in- n 
terest which of late had nearly involved us in 
ruinous difficulties ; I have too high an opinion 
of the quick sagacity of the British cabinet, not to 
believe they would discern their own unequivo- 
cal interest in doiosr this act of justice. The 
fears of Europe ! What ^n the petty States of , 
Italy fear from our acknowledging the independ- 
ence of the Republic of La Plata? These 
wretched Governments, enveloped in the legiti* 
mate fogs of Bnrope^re unseen in the scale of 
nations. What can Russia fear ? Surely none 
can be so , politically bewildered, as to. believe 
she can fear anything ; she has her views nearer 
home ; with a boundless extent of territory, com- 
prisiog one-twenty-eighth part of the whole sur- 
face of this huge globe— a population so vast as 
to overturn, like a resistless torrent, everything 
which opposes it ; stiU anxious to extend her do* 
minions to the South, and acquire territory on 
the Mediterranean ; she will before long give em- 
ployment to her neighbor there, and it were well 
tor the Powers of Europe to look to their own 
safety in time. Could England view a measure 
of this kind with jealousy or suspicion, when nt 
this very instant efforts are making throughout 
Europe not loud, but deep and dangerous, to ex-- 
elude from their markets every species of her 
manufactures 1 Witness the conduct of France, 
Holland, Sweden, Russia, and other Powers, a» 
it regards the cotton manufactures. Witness 
the large private associations in these countries, 
binding themselves by the solemn obiigaMoa of 
an oath, to use their every effort to exclude from 
their country the use of British fabrics of every 

Digitized by 





MutCB, 1818. 

SpanUh Ameriean Pnmncm. 


(tescription. Tiiif, sir, is a contiDeatal system 
more terrible to EDgiand, or soon will be, than 
all the coloonl power of the Gkeat Napoleon, en- 
forcing the same object. Is it not rather her troe 
interest to support this infant Power, CTen with 
arms, where she will find a tenfold market for 
her merchandise, unrivalled, and increasing per- 
haps for one hundred years? These then are 
the only Powers which have any concern in 
these events. The rest of Barope is a mere 
mockery npon the indepnendence of nations. Ger- 
many and Sweden, with her Bemadotte, any- 
thing Russia pleases, and Prussia almost an ap- 
pendage— -Holland and Portugal at the disposal 
of BngUnd ; and Spain, reposing in the embroid- 
ered arms of the adored Ferdinand, dissolving by 
a poUtleal hectic, unpitied by the world ; and 
France, lately the nze of admiring millions, 
guided by the overwhelming genius of her Em- 
perori is now. little else than the great garrison 
of Europe, with a pageant King in splendid mis- 
ery in the midst or it. 

But Russia, true to her own interest^ has not 
been inattentive to the great events which have 
been evolving themselves in South America; 
her Attempt to acquire territory on the Qulf of 
California, and even, if the neifs be true, upon 
our very borders, is a proof of this ; she is wil- 
ling to acquire territory by every change, and 
every event, for territory has been the hereditary 
mania of her monarchs. Unwilling to com- 
mence hostilities at all times, disappointment 
only results in new efforts on new objects, at dis- 
tant and different points, which must eventuate^ 
if permitted by the Powers of Europe silently to 
progress, in her controlling the commerce of the 
worid. England, actuated by different motives, 
has approved, by her conduct, and fostered those 
brilliant successes^ by which the patriots of South 
America have raised to fame a column of glonr 
so bright, as to shed a blaze of renown over hau 
the world, and has embalmed forever the name 
of her heroes. 

What have we done ? The honorable chair- 
man of the Committee of Foreij^ Affiiirs (Mr. 
F0B8YTH) tells OS that the patriots captured a 
vessel belonging to a citizen of the United States, 
and refused others employment in their service \ 
that the only sympathy felt is felt by us ; that the 
sympathy is all on our side. Then, sir, I most 
say they are langoid indeed I for instead of those 
Tivid sympathies which should have watered 
with our tears the rosy bed of immortalitv. on 
which sleep many of the heroic defenders ot that 
Republic, we passed an act, like an one-eyed 
warder upon the watchtower, who sees only on 
one side, and calls out '^ all is well,* ' whilst dkoger 
and ruin nearly approaches on the other. Sir, if 
our apprehensions prevent us from doing them 
justice, let them not induce us to do injustice ; 
let 06 not impede their high destinies bf a law 
which operates uaequally, since that wonderful 
wisdom which willed the destinv of empires hath 
willed it so, for the happiness of America and the 
safety of Europe ; else if Spain, a few little years 
ago, had seen on her throne a monarch such as 

he who now sways the ponderous sceptre of Ros- 
sia— a man whose talents and sagacity were 
equal to the population, the wealth, and the ex- 
tent of her dominions — the crash of falling thrones 
would have resounded throughout Europe, and 
their legitimacy, instead of a protocol, would have 
been thundered from her cannon's mooth. If, 
Mr. Chairman, the United States shall turn from 
this qoestion, other nations will not ; England, 
more generous than we, will do them justice, ana 
reap the fruits of their grateful benedictions. 
These colonies, for a long time settled for the 
purposes of commerce, had no political existence, 
or any part in the great agitations of the world— 
too distant from the mother country to feel any- 
thing of national prejudices or predilections, they 
have become a new people, under the influence 
of a different climate, where the productions, the 
scenery, the physical conformation of the coon- 
try, and even the very sky and the sttirs of heaven 
are so different, that nothing of the Spaniard is 
left but the name, and that now no more. 

In vain has the fond remembrance of their fore- 
fathers endeavored to cherish the recollections of 
their youth, by giving to the hills, the valleys, the 
rivers, and mountains, of their adopted country, 
the names of the places of their childhood. 
These names no longer produce a forceful feel- 
ing; the heart has ceased to vibrate at the sound ; 
the meaning unknown to the present generation. 
Under this different climate, new habits, new 
wants have been generated, national remem- 
brances have been obliterated; all is new. all it 

Heretofore the yoong American, accostomed 
to hear his country contemned and despised, had 
no incentive to action. He had been told that in 
America all was degeneracy, all was savage, bar- 
barons ignorance; and grave philosophers and 
naturalists have written books to prove the faet. 
Notwithstanding, ha was prohibited from going 
to the mother country to enlighten his mind by 
an education, and by their inexorable laws for- 
bidden to go even from one province to another. 
Thus, like a vegetable fastened to the soil, was he 
doomed to live, to die, and disappear forever, not 
even leaving a trace of his ever having existed. 

Unable to govern himself, all offices of Gov- 
ernment, of every rank and condition, have been 
sent him from Europe, to administer justice to 
him in his peaceable repose; but, sir, at the Very 
sight of those officers they turned pale, and trem- 
bled at the sound of Spanish justice. 

Thus have they lingered on, a listlesB life of 
acquiescence and patient resignation, for three 
hundred years, until this bright beam of liberty 
broke though the dark cloud of royalty which had 
nearly overshadowed them forever ; but which, 
I trust, will light them to peace and to happiness 
as it has to independence. 

If there are any doubts about their independ- 
ence, from the circumstance of a part of Chili 
being still occupied by the royal forces^ and a 
force of native Americans under Artigas opposed 
to the Republic, as stated by the gentleman from 
Georgia, let those doubts be dissipated when It is 

Digitized by 



HraTORT OF 0(»{0BB8a 


H«OF Rt 




««niemb«re4, that late in oar ova RerelnUoiiaf )r 
war. when ihe ckaneet in the minds of maay 
900a mea nearly poised between iadependeaoe 
«ad salyiifadoD^ Uie oeiebiated battle of Ki^s 
MooDtain was fought between Whigs and To- 
r ito a battle which has erowned the names of 
CampbeU and of Shelby with immortal giory«^ 
ft battle whkh nMasorablf decided the l«te of 
this Republic— nor kt as longer vdoabt, whan we 
xefleet, that, by nature^ ^^^!7 '^'"^ ^ America is 
ji General for enterprises lise these. American 
wiles and stratagems, quick adranoe, auack, and 
Jght, insure success ; the slow and expensive for- 
4nalitic8 of Buropean wai&re, defieaL 

These unfortunate people, euak in despotism, 
have borne the contumdy of all nations for their 
Spanish gravity, jealousy, and suspicion ; but had 
even this heen eiamined with indulgent kindness, 
.it waald have been found to be the mark whieh 
^sliaguished the slave of every country. This 
natiOMU gloom stamps itself upon the face of 
every Sp«niard as soon as he is capaUe, from his 
«WJI r^ectioDs, to distinguish that the tyranny of 
his Qovemnmt, haunted continually by the phan- 
leoDs of the imagination, has environed him with 
nwks, and tortures, and the inquisition, where a 
living death bf sufierance awaits more terrible 
4baa an. He dare n(tf speak— he knows not but 
^t every one who hears him is a spv upon his 
jCOfidact-*sUettce is his only retreat— his liberty, 
iiis preperty^ at the disposal of anv clandestine 
iaformer— his life, his reputation, his honor, at 
the disposal of an imfriacable pries^ who knows 
no mercy or forgiveness. Well might they esc- 
claim, wHh a rapturous fervor. Oh ! for a revolu- 
^ion^it were cdeatial hapjanen compared with 

Jf» in the commencesMnt of this conflict, many 
tdaody and revengeful acto have been committed, 
,lhe noble spirits who diceet the revolution can^ 
«ol be im|dtcated, or their eause condemned, nor 
ought it in jattice to be used as an anumeot 
aiiainst theaiL The horrors of our own Revolu*- 
tvm affi)rd us proof of this, where the father and 
(he san have been aimed against each other-*- 
where cold-blooded murders have been perpe- 
traud, butcheries and indiscriminate massacres 
M men, women, and children, because they were 
Whigs, or because they were Tories. These 
thmgsi k is true, happened otkj in certain sec- 
tions of the eountnr, but they did take place ; we 
Jmlvo heard but little of them; die En^sh histo- 
rians seem disposed to tMMX a veil over them, and 
ilhe American at this time is not disposed to tear 
it aside ; then, in such a state of things, can we 
wonder if, in the fury of contending armies, these 
generous patriots should have left unpunished 
oripnes, which, in other times, their gentler natures 
would hare wept at with tears of the bitterest 
sorrow ? These things diould not be attributed 
to them, but to their true source. Attribute (hem 
(0 )hat frenzied Power which sees nothing but 
the bloody da^^r before it, and drives the Biost 
unresisting temper to madness and depair. The , 
South Americans are now free, and long may the 
blessings of « republic attend them; for 1 am 

hai^ in being one of those who believe the Ub- 
erUes of a republic can be enjoyed by a Spanaatd, 
or by anybody; the eiyoymant of freedom is not 
peculiar to aay aadoa ; all will admit that the 
Oraeks oace had it; the Romans, the Dutch, aad 
many others, as dissimilar m their national ehar^ 
aeters as the English and the French. Consult 
the amals of the world, and I believe it will be 
found, that, wherever men are capable of makiog 
an efiort to obtain their freedom, they are capable 
of enjoyioff it. Then why not have the benevn- 
leaee to aUow these brave patriots at least a oa- 
pacity for freedom, since they have givea so 
stroag a proof of it as to establi^ their Gbveio- 
ment through revolution, and maintain it in war 7 

If, Mr. Chaimian, the law of nations is to be 
regarded by a just people; if the nolitieal whirls 
winds which, for some time back, so desolated 
t^ civilized world, has left them anything but a 
wreck, or the hopeless resort of the weak and the 
impotent, I would say, that, whenever a contest 
became doubtful between contending Powers, 
without aay[ regard whatever to the manner, 
cause, or ori^ of that contest, the world ait 
large has a right to consider them equal, aad 
even decide between them, if necessary, and is 
bound to extend (o the one all the other had a 
right to expect. The case of James II, King of 
ESigland, is a clear illustration of this positioii, 
and is acknowledged by all the writers on the 
kw of nations as correct; and if a case more 
strong were necessary, as being a parallel in ail 
respects to the present, I would cite that of the 
revolt of the Low Countries ajgainst Philip U, 
King of Spain, of " exterminating'^ memory, al- 
ready spoMi of by others, but w\m different im- 
pressions. Their independence, they dedarad, 
was acknowledged by Elizabeth, Queen of Eng- 
land, the wisdom, moderation, and iustifie, of 
whose government, is celebrated and acknowl- 
edged by all, even at this distant day, aad {daces 
her among the most illmtrious monarchs of the 
world. Philip remonstrated ; her anawer was-^ 
the law of nations gave her the right, aad her 
iaterest prompted h^ to acknowledge their la* 
dependence. Philip was content; nor did iie 
even require his Ambassador to leave Londaa. 
And is not England now precisely situaied aa 
she was then— the same necessity, nav, stronger 
inducements of interest ? And will the preseDt 
monarch, instructed by history, be Jess wise? 

An honorable gentleman from Maryland (Air. 
Smith) has told us that the trade of the United 
States would receive no benefit from that cooa- 
try. He has told us that the article of w^ieat haa 
been brou|;bt from Chili roond to Brazil, or the 
West Indies, and sold at a lower rate than it 
could be taken from the United States. I wojold 
ask what the price of wheat has to do with tiha 
acknowledgment of the independence of those 
Repahlicsf The inquiry has, too, been made 
with an air of triumph, what the United States 
would gain by an acknowledgment of this kind? 
I will not retort the question by asking what we 
QOuUl possibly lose by the acknowledgoient; hot 
I would ask, if it i& a thing they, by the law of 

Digitized by 





SpaniA American Pnmnett. 

«sftioaa» haTe a right to give, wtihoQC doiog in- 
justice to Bpaia, or «ay Power whaterer, why 
not grant the reguest ? 

But, air, I cootend that the Uoited Slates 
woald gaio, aad gain essentially, too. Certainly 
BLOthiBg eoiild be more desirable to this natioa, so 
fuU of eaterprise, than a free and direct trade to 
th4»ecoiuitneB, the most luxuriant and exlensiTe 
In the woild ; so rich in eTervthiog we want, and 
^sontaiaiiig soeh inexhaustible abundance of the 
nteeieus metals, and needing many things we 
hare to space. There is the strongest probability 
that oor exports, instead of sixty or seventy mil- 
lions, would be increased Tery many millions,' 
and would be much benefited, were it only from 
the ndramta^ of our contiffuous situation. Nor 
can I perceive the force <m . the remarks of the 
hunoiabie aoember Irom South Carolina, (Mr. 
LowNUBS,) luminous as he is on all subjects, 
when be tells us that injury will result to us. 
ns our trade to that country, when compared 
with the trade of Qreat Britain to the same 
place, is, according to the little book from PMl- 
ndeipoia, in the ratio of one hundred thousand 
•to seven millions. Surely, if we cannot receive 
all or most of the benefit, it cannot be a reason 
why we should not receive some benefit. 

Bui the jp^nd object^ and advantage would be 
in ^stematwiag a policy for America ; that we 
might be diseathralled-^hat we migiit not feel 
the efiects of that political plexus which has so 
jcntanf led the nations of Europe, by producing 
.4ho6e Ultimate connexions and combinations by 
which the wiovements and operations of one 
Power nse eo felt by all, as to influence their coon- 
eila, and produce corresponding motions. When 
IM»w we negotiate, it \z in Europe f wheii we are 
ineonrenienced here, we send on an Ao^bassador 
•there; they are governed by the princij^ aad 
polief o( continental Europe^ and not by any- 
thing here* Do difficulties arise in Canada, they 
are iM(|usted in London. Do the same diffioulttes 
arise in Mexico, the province of Texas, or in 
Florida, it is settled in Madrid. Thus are we 
eomikdled to negotiate all our a^irs upon the 
beats of Biropean policy, because even the best 
inteeests of the colonials must give way to the 
policy dt tlM mother country. 

Bnt when the independence of the South 
Ametieaas shall be acknowledged, aad they take 
tiieir stand among the great nations of the earth, 
tiiefe will then be an AmericaB policy, and an 
SoMpean policy, which m^T, in nM^oti^mn upon 
juat and honomle principles, be fairly op^sed 
to nack other. Nor does it miliiate against this 
poieilien, whether, in the end, these governments 
abali ha imenal or royaL instead of »publi- 
caa» wliierii iney now are. Tke great inteiesu of 
America will be the same; and if, unhappily, 
4tfioultiea should arise exclusively on this side 
4he eeean, there will be no European conveni- 
enoe to consnJt, delay, or obsuuct their adjust- 
iMQt in imsa of complete reciprocity. 

To nduiowledge now the independence of 
Boitfh Aoaerica, wnile the United States is writh* 
lag mdar n thousand wounds, each a sufficient 

cause of war, is the suongest pro^ of this mo- 
tion's aversion to that state of things ; and Spam 
cannot otherwise than receive it as a new proof, 
on the part of the United States, of their love of 
peace.and friendly dispositions towards His Cath- 
olic Majesty, when they will do justice to others 
prompts, and seek it for themselves, through 
years of patient negotiation. 

I will not now revive the long train of injuries 
and injustice of Ebain, inflicted upon us even, 
from the Treaty ot November, 1782, with Great 
Britain. I will not recall to the recollection of 
this House, that, a very few davs ago, we were 
debating on this floor, with mucn earnest solici- 
tude, the Georgia claioks; I will not remind \ 
them that it was expenditures Gkorgia was com- 
pelled to make to secure her inhabitants from the 
tomahawk of the ruthlese savages, invadii^ her . 
territorv, and delighting in blood ; I will not re- 
mind tnem that tney were instkated to this )>y 
the infamous conduct of the still more infamous 
Baron de Carondelet, the then Spanish Governor 
at New Orleans; I will not inform them thatehe 
seized upon the territory of Geor|^ as high up 
as the thirty-second degree of latitude, and bulu 
forts on the Mississippi above that latitude,'at the 
Walnut Hills. I wOl not remind the House that 
Georgia was a part of the United Slates, as ac- 
knovrledged by Great Britain and Spain, an ally, 
or, at all events, as it regarded Spam, we stood, 
mio ad Aoc, as Great Britain had done, and the 
Treaty of Peace compelled each of these Poweca 
to surrender to each other all the territory^ taken 
during the war, except such as was specifically 
named in their treaty, i will not revive the re- 
membrance of the many imperious, haughty, and 
insolent communications made to our Govern- 
ment previous to the Treaty of 17d5. No, I will 
not mention these things ; let them pass in si- 
lence, or as "a tale of the times of old;'' bat this 
I will say, and had I the powm*! the undulation 
should reach the shores of Spain, and echo on 
the Throne ; that the deposite at New Orleans was 
(aken from us without assigning us another place 
is such, in violation of the existing treaty. That 
the firiojg into the Firebrand, a aational ship, was 
a violation of existin^reaties. That ti&e incar- 
ceration of Richard W. Meade, contrary to the 
laws of Spain, was a violation of existing trea- 
ties. That the confinement of Farro in the mines 
of Mexico for near nineteen years, was a viola- 
tion of the existioff treaty. That the ccmfino- 
ment of Baird and McKnight, since the year 
1811 or 1812, conurary to the laws of Spain, was 
a violation of existing treaties. That tlM cap- \ 
ture of Choteau and Uemun, hx within the lim- 
its of the United States, and their subsequent 
confinement in the prisons of Santa Fe, was a 
violation of the existing treaty. That her per- 
mitting the British to land in her territory in 
Florida, during the late war, to arrange and plan 
invasions of the United States, was a violation 
of the existing treaty. That ker permitting, at 
this very instant, the Indians, within her t«|rri- 
tory, to make war upon us, is a violation of exist- 
ing treaties. That the letters of the Spanish 

Digitized by 





H. or R. 

Spaniih American FravinceB. 

March, 1818. 

Minister, written from this city, during the late 
war, to Spanish officers in Sooth America, by 
which intbrmation was ffiven to the enemy in 
the West Indies, was a Tiolation of all law, trea- 
ties, and the usages of ciyilized nations, and 
would have hanged the most distingoishea citi- 
zen of this Republic for a traitor. And I sternly 
demand, if the President of the United States 
has not been insulted by every Minister of Spain 
who has ever been near this QoTernm'ent? Has 
not Trujo and De Onis insulted hiro, even while 
Congress was ready to hurl the bolt of war? 
These are the acu of Spain, accumulating with 
the returning year, and Keenly felt by us, but only 
uttered in stifled groans of sorrow-— some of them 
for twenty-six years. Sir, if the world wants a 
model of moderation and forbearance, the diplo- 
matic history of the United States affords them 
ample and instructive lessons. 

Mr. Chairman, I will not consume anv more 
of the time of the House, and will conclude with 
this single remark, that, if Spain has been mis- 
taken in her policy towards her colonies ; if her 
system of tyranny and oppression, practised for 
so many ages, has at lengtii driven them to acts 
<k violence and of blood, she has but done that 
moral justice to herself which the world, in gen- 
eral, has long thought to be her due; for, surely, 
it is the veneeance of offended Heaven whicn 
has been awakened to punish this guilty ^empire ; 
and, by this revolution, she must be torn from 
her foundation to expiate the horrible sacrilege 
she has committed, in defiling the temples of that 
Qod whom they pretend to adore, in calling upon 
his name, at the noly altars, with perjured^oaths, 
to witness their treachery and deceit, when they 
were about to shed such oceans of innocent hu- 
man blood, and with mockery, to sanctify the 

The millions, millions of innocent, unoffending, 
unresisting, victims^ butchered by order of that 
Court, to satiate their cursed thirst for gold, now 
onr to Heaven for vengeance, with the tongues 
ofaccnsing angeb. ^ 

But, sir, I am sick ; my heart bleeds it the re- 
membrance of that bloody page of Spanish his- 
tory. Nor is there a man, whose bosom has ever 
felt one generous emotion, that does not feel his 
blood run back with icy horror to the heart, when 
he recollects the poor Indian, whose whole soul 
was a day of sunshine — ingenuous, noble, ]i>rave, 
disinterested — free as the winds which extend 
from earth to, heaven, he slept upon the moss of 
the mountain, and leaned his head against a tree, 
and said : ^ This Is my house — there is none to 
take it from me" — content to kill the wild ani- 
mals for food, and pluck the simple fruit with 
which great nature in her sportive fancy had 
blessed his country ; nor knew he of misery or 
distress until the Spaniard came. Then, oh! 
bitter, sad reverse ! Butchered in cold blood ; 
roasted and burnt for crimes he never heard of, 
or eould not understand; hunted down like the 
wild deer of the forest ; pursued by that foul, 
phrensied, noisome thirst tor dominion, into th^ 
swamps of the Oronoca, or tracked and torn by 

dogs and blood-hounds from his mournful hidinf 
places, in the almost inaccessible fastnesses of 
the monnuins, whilst his bed, a rock in the 
cavern, streamed with tears of anguish and 

But the day of retributive revenge has come ; 
cursed by those airy phantoms which flit before 
their guilty apprehensions, they have awakened 
their slumoermg vengeance to wreak it upon the 
heads of their own descendants, because they have 
multiplied in the land of their original ieaohr- 
tion ; pursued and chafed by the heavy hand of a 
despot, spurned as degenerate men. despised as 
inferiors, their petitions scorned ana chastised as 
the offspring of^folly and discontent^ their remon* 
strances treated as presumptuous insolence, al- 
most crushed beneath a load of accumulating 
wronffs, they nobly resolved to be free, and are 
free, because they willed it. 

Mr. Johnson, of Kentucky, observed, that the 
subject was intimately connected with the cause 
of civil and religious liberty. The cause in which 
the Spanish patriots were enga^ped, was identi- 
fied with the freedom and happiness of twenty 
millions of people, and their posterity to the latest 
ages. The proposition is confined to a leirida- 
tive acknowledgment of the independence of the 
Buenos Ayrean Republic, embracing the twenty 
provinces of Rio de la Plata, and tends to show, 
that a recognition of that independence, by the 
President of the United States, would meet the 
wishes and support of the nation. Such a legis- 
lative confession of the public sentiment, on a 
subject so important and momentous, in the esti> 
mation of manjr, he conceived was due to the Ex- 
ecutive authority^ It would be taking to our- 
selves a just portion of the respoosilulity of suck 
a measure, and tend to strengthen the arm of Ad- 
ministration. It is not a little remarkable, that 
the opposers of this measure should be driven to 
the necessity of ascribing to its advocates a hos- 
tility to the Administration. But this objeetloft 
has no greater weight than the others whlen have 
been ursed against it, and which are made to (his 
kind of legislative expression in any aboraet fom, 
and because it has assumed a form from whiek 
there may be some practical result. The main 
question, in debate, seems to be the expediency of 
recoffnising the independence of the Provinoes of 
La Plata; this is the essence of the proposition 
submitted. The fact of independence has been 
doubted by some, and positively denied by odiers ; 
but this fact is well established, and is as certain 
as any common event reeordea in history ; and 
we have sufficient proof that this independence 
has been maintained with a firmness and gnllnn- 
try worthy of the cause. But an objection has 
been urged, that we have not been furnished with 
the precise territorial limits claiming to be inda- 
penaent. In such a struggle, and in such a vnst 
extent of country, it would be surprising indeed tf 
the precise boundary of the provinces had beetn 
furnished, and their limits accurately defined. 
But it is a matter of no consequence, and has no 
important or essential bearing upon the sabjeet, 
because it does not, in the most remote dc^gree, 

Digitized by 





March, 1818. 

Spaim$h American PromneeM. 


lessen the hich eJaims of this safiering and meri- 
torious peop& upon as, to recognise their inde- 
pendence. It most he known to these ffentlen^en, 
that our limits were as unsettled and undefined 
during the Ameriean Revolution ; and, in fact, to 
this Terr boar, a controversy exists with hoth 
England and Spain, as to our true houndary line. 
But did this lessen, our claim to independence 
during the Revolution ? It was well known to 
all the world, that the Thirteen Colonies had de- 
clared themselves independeut, claimed to he in- 
depeodent^and had maintained their independence 
as a sovereign State, in opposition to the power 
of £ngland. It is equally well known, that the 
provinces of the River la Plata have declared 
themselves independent, solemnly jiroclaimed the ' 
fact to the world, and have maintained this inde- 
pendence in a manner which must claim the re- 
spect and admiration of nations. A distinct and 
aeiMrate government has heen instituted ; a legis- 
lative, an executive, and a judicial department 
has been organized, with the power to raise ar- 
mies, build navies, impose taxes to defray the 
expenses of the government, without aid from 
Spain, whose authority has been destroyed. But 
it has been urged, from the last and most authen- 
tic intelligence, tnat a part of these independent 
provinces was occupied by the troops of the ene- 
mv ; but this can have no weight. It will be re- 
collected, that, after the severe and bloody battle 
of Brandywine, the British troops marched and 
took possession of Philadelphia, and held it ; was 
it ever contended that this lessened our claims to 
independence ? When we snlfered a most disas- 
trous defeat upon Long Island, the British forces 
took possession of New York and held it ; but did 
this lessen our claims to independence ? Previous 
ta the capture of Cornwaliis, Georpa, South 
Carolina, North Carolina, and Virginia, were in 
the Biilitary occupation of the British : did this 
lessen our claims to independence, or lessen the 
obligations of other persons lo acxaowledae it ? 
No gentleman will surely answer in the affirma- 
tive* But, waiving these objections, the recogni- 
tion of the independence of the Republic of La 
Plata has been pronounced a doubtful policy. 
Does reco^ition alone, without taking part in 
the war, violate the obligations of neutrality ? Is 
it repugnant to the usages or the law of nations ? 
Is it in ooposition to the laws of nature, of reason, 
or of God? In short, is it inconsistent with the 
most friendly relations ? The right of recognition 
hMM been admitted by all, not a doubtful right but 
jKMicive and undeniable ; and the exercise ot this 
right can be no just cause of complaint against us 
by Spaiia, or by any other nation, unless our inde- 
^dence is also denied. But the possibility of 
war with Spain, and, consequently, with some 
other European Power, seems to constitute the 

rrincipal ol^ection, with some, to this proposition, 
say, the possibility of war, for no one has seriously 
contended that a simple recognition is either a just 
cause of war, or that it will produce a war ; history 
does not f u rnishan instance, and bare assertion must 
lot be received ; but if it should be made a pretext 
of eomplaint against us, it is u^^, that it is possi- 

ble it may producif war, but it is certainly not 
very probable. The recognition of the indepen* 
dence of those provinces, sir, is not only a right, 
but in my opinion, it is, on this occasion, a sacred 
and solemn duty we owe to ourselves and to the 
great and interesting cause of freedom. What 
will be the effect of this recognition ? Does it 
give the patriots any advantage over Old Spain, 
or any other sovereign State ? No, sir, it onlr 
places them on an equality, by giving them rank 
among the independent nations of the earth ; it 
only consummates that course of neutrality, and 
that system of .equal justice, which we have so 
solemnly declared to the world to be our gMt ob- 
ject. The flaff of the patriots is admitted into our 
ports and haroors ; we have opened a trade with 
them ; we have extended to them, by law, cer- 
tain rights and immunities ; and have endeavored 
to place them upon an equality with Old Spain, 
by our commercial regulations; and if anv bene- 
fit can result to the Buenos Ayrean Republic, by 
receiving a minister or commercial agent, I cannot 
see the force of the objection to this measure. The 
conduct of Spain has not been such as to give any 
great force to a weak objection ; she cannot ex- 
pect from us acts of kindness, nor forbearance in 
the exercise of a right, or, rather, in the discharge 
of an obligation. Peace, it is conceded, is the 
policy of the United States, if consistent with the 
enjoyment of liberty. We cannot, I admit, with- 
out great indiscretion, interfere in the quarrels of 
other nations^ or depart from a system of neu- 
tralit]r. even la the great cause of South Ameri- 
can lioerty. But the friends of liberty and of 
man cannot divest themselves of feeling or look 
with indifference and apathy upon a contest, in 
which ttiey behold a country, rivalling in beauty 
and fertility the rich and romantic vale of Cash- 
mere, laid waste by the ravages of war. and the 
defenders of freedom treated as rebeb and traitors. 
There is nothing, most .certainly, in this great 
struggle that should prevent us from completing 
our syst^n of equal justice to both parties, since 
we have endeavored to effect that object by the 
commercial regulations of the country. And why 
do we hesitate ; why quake and tremble at the 
idea of a recognition so important ? Why so 
many imaginary dangers at the exercise of an un- 
doubted right ? The crowned heads of Eunme 
may uke offence at it, but what would be the 
basis of this dislike? Mere opposition to t^ 
triumph of republican principles. It was this tri- 
umph of liberty and self-government that brought 
upon repuUican France the coalition of mon- 
archical Burope. But the nature of this ommition 
is the very strongest reason why the United States 
should recoffuise the independence of the Repub- 
lic of La Plata. It is called a republic, and if I 
did not believe that the principles of liberty would 
be cherished, and a free and independent govern- 
ment established, the proposition would not meet 
my sanction. Bxercising a discretion, I would not 
choose to recognise kingly power as long as war 
was continued by the parties. The great cause 
of political emancipation is the stimulatiag prin- 
ciple with me, for the exercise of this right of re- 

Digitized by 






SpturiiA ilnwifvaii JP^wrinMt^ 


eo^oitidfi. Thex ktora df the illiMKridvs nariga- 
lera who dfiscorered tke Westtra World, shiU not 
he in vain. North Arnica bw beeome an asy- 
lum-^-a plaeo of refage-^rom the tyfaany and 
usarpaftiaa of Kings. A ray of liberty iu» poM- 
%rate€ the gloom whieh eaveloped the South; 
and, akhOQgb the timid may abaadoa the canae 
of freedom, and the bold and daring may faH an 
eaity aaonfiee upon her altar, the principles of 
««ligi«ii8 toleration and poHtioal emaneipaiion 
mast mardb on steadily (thovgb slow) till the 
"Willcf Rim who controls the destioiei of the world 
ehall have been execnted. If crowned heads 
refnse to ree<^ise the independence of fihpanisli 
Aaierka, it is snreiy no reason why the (Jafited 
6tates«hould do so* To what quarter of the earth 
ahall they eend a Minister for this parpose. If 
they meet with no kin^iess here, when will they 
reeeire the eheering light from the conntenance 
of a Idadred Qoyernment 7 If we dare not go as 
iir as the laws of nations will warrant. w4io shall 
ght Ibom the plandlt of Well done? libtory 
Veems with the events of Repablies, splendid, pow- 
erful, and happy. They eaiK no more. D«^t- 
ism has swept them from ^e earth, and has only 
1^ their names on the records of nations ; and 
we (the people of the United States) sUnd alone 
fas tmsTMt world of tyranny and o^ession— no 
kiiidred ReptibHe to sympathise with or to de- 
pend on in the hour of danger and dismay^^-and 
alone deling the principles and power of legiti- 
maty. Ifo Oreeiaa Republic ; no Roman Com- 
-maa^eaMi; no States Geaeral of Holland ; no 
National Assembly ^ France—no, not even the 
little lUipalilic of Baa Marino**now exists, to 
acknowledge tbe independence of the La Plata 

If I could believe it was the will of Heaven 
4iat 1 ihootd vote against the proposition, I would 
bow witli teverenee to that will; if I believed 
tteai duty «o my ooantry opposed ray course, I 
woidd cbeettfuUy obey the impulse of that duty; 
if I beKeved that I was about 4o trample upon the 
laws and rights of nations, I would also pause; 
Iml the omiMtion of European meaarehs wfll 
iiave no influence upon my mind, Mcept to pro- 
^deatnore posifite resolution to discharge what 
I ttotteei ve to be a most saortd obtigatioa. Those 
UMMffchs may look with anxiety upon the part 
w^ may takc^-they may lotfk at it, if tbey will, 
whh an awM squinting— but tto alarms are con- 
reyed to my bosoni. Resistanee to oppression 
omwtitutes no crime, io my miad$ nor shali I be 
asbanved to rejoiee in the triumph of liberty, and 
the prineiptes <^ setf*goverament. until I am led 
fo b»eve that the monarehs of tne earth are su- 
perior to the Bfonareh of Heaven. May the Qod 
of the Universe, in bis mercy, sustain this stru^^ 
gling and suflfering people, in the eause of politi- 
es and religious liberty! I will not fear the 
fesvlt ; the c^rt of liberty has driased itself too 
"wMely, and its enthusianB too deeply, «o be con- 
ttolled by the efibrts of despotism, or the apathy 
ofkindM Repablics. Freedom has cast her rays 
upon the darkaess of huinan error, and irradi- 
aMl the gioom whicb bas entfhroudea th^buman 

teind. Truth has, indeed, restored the light of 
natures The conduct of Spain has been made k 
part of this discussion. The time is fast approaeh- 
ing when we shall be called upon to eaaauae 
this conduct more minutely, ano to Judge of ^ 
measures that may grow out of it. If Snain does 
not relax in her pretensions, and ramHiest a die- 
position to act witb more justice and liberality, 
there ean be but one opinion as to the prospect 
of an amiea^ adluetment-^ fact of which we 
must be convinced, from the information ceea- 
municated to us by the Bxecutive that the oiwo- 
tiatioo is at an end, and that the President has 
determined to occupy the Fioridas, in order to 
gtmran^ the peace and safety of our citizens fronoL 
the wild incunions and bruuil murders of theeav- 
ages. This is policy— this is wisdom— and the 
nation will support the mieaeiire. But the con- 
duct of Spain is not necessarily involved in this 
question of recG«nition; nor the occupation of 
tbe Fioridas for indemnity— a measure si^gested 
by the chairman of the Committee of Foreign 
Relations. Whenever that measure shall be pre- 
sented for consideretion, then, and not till then, 
shall I conceive it my duty to etiter into a detail 
of Spanish injuries and aggressions : the closing, 
upon the commerce of the Western country, the 
port of New Orleans, in violation of treaty, with- 
out assigning any other place of deposite ; not 
till then, ae^ we estimate the spoliations upon 
our commerce ; the violation of the treaty of 17^, 
in not keeping in order and subjection, within 
her territories, the Seminole savases ; ner eon- 
duct la the kte war, in permitting the British and 
the Indians to use the Fioridas as a place of ref- 
uge—a tallying point for our enemies. Ner wiH 
it be a matter of anjr consequence whether this 
state of things did anse from co-operation on the 
part of Spam, or an inability to maintain her 
local authorities and lier treaty, as weU as neti- 
tral obHgatioas, to tfie United States. Whenever 
it shall oe brought to this point— that we must 
submit to what is past, and a prospect of what is 
to come, or occupy the Fioridas— my mind has 
never besitated a moment upon the course mv 
duty 10 my country would lead me to pursue, if 
negotiation fails. I would not submit to sueb 
conduct from any nation on earth. "^ 

But this has no iniuence on my mind. If the 
conduct of Spain had been towards us the most 
amicable and friendly ; if she had acted not only 
; with the strictest justice, but, like Csssm^ w^, 
; even without suspicion, and if her purity Itaa 
been as spotless as the snow which falls from 
heaven, it is stfil the duty of this Gtovemment 
to recognise the independence of the RepObH^ 
of La Plato. Veneauela, New Orenada, Cbili, 
Mexico, and liie rest, as soon as they shall declare 
themselves free and indepefideDt, and nmnifeBt a 
capacity and a determination to maintain tbe ranic 
and relations of a foreign and independent Slate. 
But I eannot for a moraeivt hesitate to beKere 
that the Administration feels this disposition as 
strongly, as cogently, as those wbo support it. 
The preper point of time can be with tbera die 
only cabse of hetriation ; the desre must be fbe 

Digitized by 



HSBRfDBT OF e03iOaB8& 


1I4MHI, 1»1& 

Spottu^ Jutuficun JPft^iHOBt* 


liaie with »t«ry bnm»h of tlie Gov^rnmeiit as 
with the pvofJv. Ei»erythiiii, sir, eviiees the 
ekam of South Amtwkm to indopettiente ; iu 
iistmnee from Enrope-^the nature and interest of 
its soil Mid limiis-^the ebaitcter of its peoplo— 
ail eoQipire to show thait it noTer was deemed 
hy He«veo, that it should be sohiect to the dosi- 
ination of Soropean nilers ; bat, like our belored 
eonntry, it should one day beeoae the great saae- 
tvcry of liberty, and the asylam ef persecution. 
To oppose this destiny, would not only be uselese, 
bvt idipioQe and impomio. The Gof<emme»t of 
the United Stmee has beeo distingnishod for its 
yaitk^ modemtion, and pacific policy* We 
should nanintain that eharaeter^ we should not 
deyan from that course of conduct ; let us be cau*> 
ttovS) bat decisiTe; not rash or timid, but bo4d 
uid prudent; let us do nothing that would inp* 
ftinge the rights of othmrs, but feel no al^m at 
the consequences of doinff what it is our doty to 
perform. We can rend the conditio&of this pe^' 
plo by tuning the mind back to the scenes or the 
Amerioan Refolotion. 
B9t it hM been nsseiaed tiwt the Sonth Amer* 
hnve not been fighting for Mberty and self-* 
It has been asserted that they were 


not entttlpd le our sympathy ; that the independ- 
enoeof theSpnttish MMmneeewasa matter of no 
oenocq nenoe to the United States, polttically oe 
commercially ; and that self-coYcrnment, and the 
eetnblishnMnt ^ Uberty, mi|^t, to be sme, be of 
so«» cen sofn enoe morally, hot conld not be sik 
politically or eommeraialky. How sntprising! 
How wonderful I Let ns for a moment con* 
aidm this point. A connexion with Sooth Amer- 
ien iS) in an eminent degvee, importnnt, commer* 
etaUy, pnittieally, and nK»ally. From tho nature 
of our Government nnd institutions, we are con* 
sidered by the pemile of South America thetr 
natUMl frjendsanid allies, and from this necessarily 
ex]>eet from us thert aid and assistance which a 
nation, contending for the same political psinoi* 
pies, and haying nn intimate neogmphical conr 
nesion, has a right to expect. Shoold we coldly 
' r aelicit, 

the favor they 

, the result will be. 

that ihey wtM lose that synapaihy they now feel, 
••d transfer their i 

■ present nttMhmentand r^peot 
to some other Fower, len phfagmatio and indif» 
Cerent to their own Interests And what wonld 
he the lees, in a pecuniary point of view? A 
naarket caicniated to consume the surplus of onr 
npsknknml products and mnnnftetuies, and the 
nmnnl adraatnges thnt wonhi result in the ex- 
oAnno of onr co m mo diti es te the precioos metr 
nJsnfone. We should iadead hnroyaswe now 
trnwCf the oneeftainnnd limifed maekeis which 
the Cnnndas aad the West Indies aff»rd, under 
the illibceni systems of colonial regulations. The 
smrpkH prMnce of two Statee alone would s^yply 
them, w^sb the whole of that rich nnd beaotifol 
eoimiry. whoso indep e n dence iu ciiiinens wish us 
to reeognieev wonld he lost to us perhaps forever. 
But tlus U not niL Fcom the very natareof 
things, we should beconae her oatriers as long as 
the two ntttions exist. Mexico, for instnuecy u 
sianated like China, and not likely to beoome a 

nntion of mntiners, but must receive the nntione 
of the earth into her ports, and mve hev hoUio* 
in exchange for the productions of other countrtesi 
Onr vessels would fill every port, and from oof 
vicinity enable us to enrry off nine-tenths of hev 
commerce. And yet this is to us (^ no kind of 
importance, but a real ovil ! Have those who aid* 
vooate this dootrino piod proper attention to the 
geography of these eonntries they so viehemently 
depreemte ? Where shall we find a nmre lewln 
a move abundant region ? Where shall wn look 
for a spot on earth vrfaere nature has Ihvished 
more wealth, and gceater beauties 7 Wheto shaM 
we find so hnppily realised the visions of poetry) 
and the descriptive painting of imagination ? A 
comitry of inMsense extent and a soil of en d l e m 
variety aad flsrtility, teeanng with tho mestpiB^ 
cions metals, and beaodfied with the most splenf 
did, elegant, and useful botanical prodoetionsw A 
country, in the emphatie langungoof saiptw oi 
fiowing with nnlk and honey, end where nntore 
seems to repese from her toil, and sinmpon hot 

pvoductions the peifsefion of benuty. 
waters of La Plata, the vmriety of i^ soil, the d^ 
versity ol its eHmatej the pioductions of tho tem- 
pemte and the torrsd zonf^--the minee of PMosi^ 
unrivatUed in ancient or modern tine es ' t ho^ kH^ 
summits o^ttie Andes, oovored with ne ve r m el t ing 
snows^nor the delightful vnlee of the Farana nni 
the Uragnay^nor the prospect ef ftee^Nmi to 
millions of human beings, can sw«ell with Might 
the bosoms of some men. And a connexiew With 
this hishly gifted land, in the opinion of sown, is 
a real msadmntage, in n eoaameveinl and pb^lenl 
noint of view. But the patnots of South Amef- 
toa have been demed the merit of fehting for 
liberty; this chnrgo is neither novel nor well 
founded. I need only refer to the h^ory of onr 
own country } thesame charge was mode iq{eittBt 
onr fathers, who were engaged in the clerioiis 
strogi^ which has eventuated in the Messings 
we enjoy. Whnt sweoger proofs we reqttlreef 
the parity of the motives bv which the S e e di 
Americans nre influenced in their present struggle, 
dmn thnt they have submitted for so nanny yenis 
to the privntioiiB and de Offers^ and miseries of war? 
What hot ndeoMOoSNl love of liheiey^ ooild ave^ 
doeethislotikadevorbegetihisperseveiancet And 
nie we to be told that they do not merit owr sym- 
pafthy, while eovtendittg nnd struggling thlwngh 
miserns^ nnd wnnt^ and dnngers, fbr the posseesien 
of those rights which we have obtalneiA, and to 
which the hnmnn fiMoily are entitled by nutnte? 
Mcftifnl Heaven ! hmve we indeed eome to this 9 
Are we redlnoed so low in the eenleof hniinnlly f 
1 shudder to think of the ooneeqnenees ef such 
doctrines^ A vista, dark and dvenry, nnd dwiMi, 
opens before me. I see apathy shedding her 
ttlarming inflnence ever the henru of my ceun- 
^ymen, and the mine of despotism winding her 
mazy folds around the offopring of freedom. Soeh 
indifferenee does not become the America*^ peo- 
ple in a cauBc like this. Ut their ncel to oppee^ 
this measure) gentlemen have indeed gone so §tr 
as to endeavor t» ptove thnt the fireedom and- iik- 
dependenee of the Spnnish proeinoce wonM net 

Digitized by 






Sptmith. American Prmrineei. 

MiaoBy 1618. 

Mlf be of fto politieal and eommareial eonse- 

Sienee, bul singularly uofortanate to tbe United 
tatet— ibmt oor happiness, freedom, and prosper- 
ity, would decline in consequenee of such an 
eyent ; and yet, at the commenoement of this 
disciuiion, erery one expressed the most ardent 
desire lor the patriot cause. 

It is possible that necessity has driren members 
of this House to such a course of reasoning to op- 
pose the proposition before us, but it shows the 
ud^leness of error. Sir, to deny that the struggle 
in BonCh America has been a struggle for liberty 
and independence, is to close our eyes against the 
facts, and the history of that struggle; and to 
deny that any commercial political ad?antaffe 
would flow from the establishment of independ- 
ance in South America, is to deny self-evident 
propositions ; we mav as well deny the existence 
of matter, or any other physical agent. It has 
been boldly asserted, that there is no parallel be- 
tween the American Revolution and the struggle 
in Spanish America. I know not through what 
aedittm gentlemen may view things; but I can 
aee a most striking aiialo^ in the two cases. 
We had a heavv burden of grievous impositions 
to bear*-so had they, perhaps tenfold greater; 
we had oor dav of loyal attachments, humble pe- 
titions, and mild remonstrance — so had they ; we 
were spumed and driven from the royal favor — 
so were they ; in the progress of the Revolution 
we had had our day of resistance, and appealed 
to arms oo had they ; we had our dav of pro- 
scription, when the penalties of rebellion and 
treason were fulminated against our fathers — so 
hmd they ; rising with the crisis, we had our day 
of independence, and proclaimed it to the world 
«-^so had they; we had our committees, our con- 
ventions, and our Congress— so had they their 
juntas, municipalities, and Congress ; we had otu 
Warrens and our Montgomerys— so have they; 
we had, too, our Arnolds — and so have they ; and 
as we were triumphant, if the patriots of South 
Aaeriea shall be worthv of the cause, and true 
to themselves, the same kind Providence will up- 
hold them, and make them triumphant also. 
When we compare the extent and resources of 
tho Peninsula, or Old Spain, with the extent and 
resources of South America and New Mexico, 
this opinion will acquire additional strength ana 
oonfirmatioo. But, although history furnishes 
many examples of successful revolutions against 
the heavy hand of despotism, yet we are called 
baok to the frequent success of power, and re- 
minded; that the diffieoltias whtch arise from 
MVolotAOtts are of no ordinary eharaeter, and that 
to meet them reouires the most heroic fortitude, 
and the most gallant eondncu I am aware, sir, 
that the system of oppression cannot easily be 
overthrown, and that the power of crowned heads 
will not be surrendered willingly ; they will not 
surrender inexhaustible mines of wealth, the 
treasures arising from the toil and sweat of the 
laboring poor, without compulsion; the fairest 
^portion of the globe, and twenty millions of sub- 
jects, the victims of their unhallowed pleasure 
aod ambition ; and the world must remain in the 

most anxious and awful suspense about the event 
of this struggle, and wait with eaffemess to know 
how the revolution, in many of the Spanish pro- 
vinces, may terminate. The price of liberty is 
blood. The mind reioices in hope, when it ia 
recollected how long these patriots have sustained 
the glorious contest, and defied the bloody con- 
flict. This gives the strongest evidence of the 
merit of the persecuted combatants, and the jus- 
tice of their cause. The Israelites were doomed 
to forty years sojournment in the wilderness, and 
were in sight of the land of promise, because they 
proved unworthy of the blessing of HeavOni 
they were alarmed at the information of the spiea 
of toe army, who gave them a description of the 
gianu who inhabited the land of Canaan ; a»d 
notwithstanding the cause— the banners undef 
which they fought— they were alarmed at the 
sons of Anak. For this they were doomed to 
spend the remainder of their days in the wilder- 
ness, until a new race of warriors should be raited 
up worthy of the holy cause in which they were 
engaged. The same may be the design of Heavea 
in reUtion to the South Americans, m permitting 
this sore trial of cruelty, and suffering, and mmt* 
der. This severe probation may produce a race 
of heroes worthy of the cause of independenee. 
The rising youth may catch and diffuse the hokf. 
fire of liberty, and rush on to battle and to certain 

Something has been said of the character of 
the war which has been waged in South America* 
And as the patriots have b^n compelled to retal- 
iate, upon some occasions, the murders and cru- 
elties of the mother country, they have been con- 
sidered unlike the patriots of our Revolution, who 
abstained from the system of retaliation. It U 
not the fact that we gave up this right, or that 
we omitted to exercise it whenever it was neces- 
sary and proper. When it could be omitted it 
was omitted, and not otherwise. When policy 
could, with safety, yield to mercy, our uthera 
were governed by the principles of humanity. 
At a time when the patriots of our Revolution 
were considered and denounced as traitors aad 
rebels, by royal proclamation, nothing but the 
most solemn aeclaration on the part of Congrese 
and General Wassuiqton, at the head of our 
armies, that retaliation should be most ru[idlf 
pursued, prevented the assassination of our officers 
and soldiers when prisoners of war. This alone 
saved many of them ; this system of retaliation, 
or the fear of it, induced Great Britain to give up 
the idea of rebellion ahd treason, and suyed the 
hand of the executioner. And if the fatfaevs 
of our country had permitted our gallant offieem 
and soldiers to have been hung, shot, and murder- 
ed, without retaliation, they never could have 
succeeded in the cause in which they were en- 
gaged, nor have secured the confidence of the 
people. Indeed the people would have had ample 
cause to have abandoned a Government feeble, 
inefficient, and withholding protection where it 
was due. No such foul charge can be made 
against thoae who conducted oor Revolution. In 
the late war with Great Britain, when this aane 

Digitized by 





Much, 1818. 

ojpofttjs^ iiffMncafi InrovittC6$. 


tfttem of eroeltf was eommmeed, did oar Chief 
Maigittnite nltaily and tamely look on ? Wiien 
the fmllaat Irishman was taken in arms fighting 
for his adoptett eoontry, and thrown into prison 
as m traitor to bis sovereign, what stayed the sen- 
tence of condemnation, or tne hand of the ezecu- 
tioner, hot the firmness and decision of Mr. Mad- 
ison — a name I can never utter without respect, 
▼eneftttion, and affection. He took hold on the 
British soldier and pnt him in* prison ;' and Eog- 
land had, to her shame, to retrace her steps, and 
to aelaowledge the harshness and infamy of her 
coone. The lex taHoniM should he preserred — 
Uood should pay the price of blood. And, in this 
case, British officers and soldiers would have been 
the victims of British poliev. *There is nothing 
to condemn in the system of retaliation. If pur- 
aoed by the patriots, it was a solemn discharge of 
a most solemn duty. The system of murder did 
BOt begin with them. To this day the armies of 
dd Spain consider and treat them as traitors; 
nnd if the patriots do not retaliate, whenever it 
may be neeessary, they deserve to fall the victims 
•f anch A>liy anil imbecility. In one point it is 
hoped, aad it is known, that they have not imi- 
tated the enemy. The fact has been mentioned, 
and it is not denied, that the troops of Old Spain 
had been employed in poisoning the water, and 
Iho food of the patriots, to destroy them. In this 
aystem of destruction they have not been imitated. 
No, sir, Satan himself would be ashamed to claim 
kindred with a foe so inftmous. When he re- 
belled, and was without hope, he exclaimed, fare- 
wM hope, aad, with hope, tarewell fear. Though 
fallea from his high estate, and in despair, he was 
content with a deelarau'on of open war, and open 
acts of hostility. The arbitrary power of provin- 
cial ofiicets; the cruelty of the Captain Qeneral 
of Old Spain; the vigilance of the spies of the 
inquisition ; the unhappy condition of tne natives, 
have not been, when combined, sufficiently pow- 
erfal to stop the march, and arrest the progress 
of oorrect retolotionary principles. 

The patriots have acted in a manner worthy 
of thoDselves, in ukioff advantage of the first 
favorable opportunity, the invasion of Spain by 
Napoleoh Bonapart^ and the subversion oif the 
Spanish aad kingly authoritv in that counuy, to 
Mekre themselves inde|ieadent, and throw off 
the voke of bondage which bowed them to the 
caatli. The most unlimited and arbitrary ezer- 
aaao of power has been practised by the Spanish 
Viceroys; nocturnal arrests have been made 
by carrapt jodM the willing instruments of cor- 
rape power; iNinishment without trial; trans* 
^rtatian to Old Spain, without assigning the 
ca o ee e ; offices confined to European Spaniards ; 
laaniifaeiiires prohibited; the culture of other 
commodities hmited ; the^ establishment of the 
taqoisition, and a perfect system of religious in- 
tolerance ; liberty of speech and the press un- 
known ; no trial by jurv ; property insecure, and 
at -the will of judges ; the study of political econ- 
omy, prohibited ; and other acts of oppression, 
which would fill a volume, have been tht acts 
which they have groaned under. I cannot feel 

indifferent in such a cause ; and while I am wil» 
ling to vote in favor of recognition, as proposed, 
I ain unwilling to step beyond the bounds of dis- 
cretion, or depart from our neutral obli^tions. 

In the day of our adversity, how anxious were 
we to be recognised bv foreign Powers, and to 
claim their assistance ? But here we are asked 
only to recognise the independence of the South 
American provinces, already free and soveteiffn, 
without requiring our aid, whidh cannot, coimst»> 
eotly with the law of nations, give cause of com- 

Slaint to any Power on earth. When clouds and 
arkness hung upon our political horizon, how 
did the bosom of the patriot swell with rapture 
and consolation when European nations begtm 
to acknowledge our independence! We htVe 
succeeded ; we arose from the thraldom which 
benumbed our faculties with renovated vigor and 
redoubled energy.; nations gazed with ipteaish^ 
ment at the novelty of thespectacle and the mag- 
nitude of the enterprise. Despotism shrunk from 
our hemisphere as from contagion and death, and 
the world regarded us as a prodigy. Sooth Amer i- 
has pursued our track ana imitated our fflorious 
example. The gloom of superstition and oppres- 
sion has vanishM, and their path has been irra- 
diated by the beams of liberty. They have waded 
through blood and submitted to misery to obtain 
a participation in the blessings we enjoy. They 
say to us. We are your brethren ; yon are the only 
Gk>vernment on earth that ought to feel an inter* 
est in our destiny ; the monarchs of Burope have 
set their faces •jpinst us ; their policy, their in*- 
terest, will notsuner them to aiveus countenance ; 
we are fighting the battles of freedom ; the cause 
is one which must, which ought to be dear to you ; 
we stand alone, unaided and friendless ; we wish 
you to recognise that independence which we 
have achieved. If you will not extend the hand 
of fraternal love, to whom can we look, to whom 
dare we apply ? Should we be crashed by the 
hand of power, you stand alone against the des- 
potism of Burope and the world. Could you 
hope to resist such a combination ? Aad if you 
fall, where is freedom to find a shelter, and man 
an asylum 1 

It is the will of Heaven that South America 
should be free; let all oppositioa cease ; let the 
nations of the earth search after His will and obey 
His commands ; His power cannot be coiHrolM; 
His providence cannot be resisted ; He governs 
the nniverse; then let us do these people, let ua 
do ourselves, Justice. This is not a naoment lot 
hesitation. To pause will perhaps be serious. 
The acknowledgment of their independence can- 
not injure the cause of freedom, or give jast 
grounds of offence to nations ; but it wul iaspise 
confidence— give thema stand and an attitude that 
JBorope will respect, and reanimate the drooping 
spirits of the Patriots. We shall preserve the 
character we have acquired; our actions wUi 
correspond with our professions ; and the world 
and posterity will acknowledge that our career 
has been that of generosity and of greatness, and 
our conduct just and magnanimous. 
Why shouhl we hesitate ? Can we fear the 

Digitized by 



mmxiiSiY o^oamtOiB^ 





Bif«IV wkea we witness so nDireffstl a spirit of 
painotiMB perTftdiaf til raaks and clatees of so- 
oitty, and settiag at defiance want, and wret^« 
edness, and tortnre? Can we fear the result, 
wbeft we remember that erery event is nader 
tke direction of Gk)d's proridence ? His infinite 
wisdom, and His tcntler mercf will be mani- 
fasted ia the resuk. Then let ns not hesitate ; 
let as act worthy of oturselTcs, and CTiace to the 
world that we are not only free, but worthy of 
that freedom^ 

Mr. PoaaTTB spoke briefly in explanatieo; 
when, on motion or Mr. Smtth, of Yirg[UHa» the 
Committee rose, uid obtained leave to sit agaia. 


FaiOAT, March 27. 

Mr* RiCB, from the Gonuiuttee of Claims, *to 
which ms referred two report^ of the Coaamis- 
sieasr m Claims, containing the reports of the 
fiuita ia one haadred and fifty-eight cases of appM- 
aaiiotte for payment for property destroyed by the 
eaamf in Buoalo, and its vicinity, on the Niagara 
frontier, from the lOch December. 1613^ and the 
lalof Jaa«ary, 1814^ both inclusive^ made ft re- 
part theteoa, which was read ; when, Mr. R* re- 
Mtada hiU for the relief of the su&rers on the 
lllagara frontier, whicb was read twice and com* 
BMltad to a Comauttee of the Whole. 

Mr» WiiAUisa^ of North Carolina, made a re- 
pert.oa the petition of Kenziaand Forsyth, which 
was read ; when, Mr. W. reported a bill for the 
relief of Keaaie and Forsytn, which was read 
twieaaadoemBEiiuedtoa ComoMtteeof the Whole. 

Mr. RBBi^ reported a bill for the relief of Cor^ 
pelia Maeon, which was read twice and commit- 
led to a Committee oi the Whole. 

Mr. Bmobbb, from the Committee oa the Ju* 
diaiary, reported their agreement to the amend- 
aasnte proposed by the £mate to the bill, entitled 
'*An act respecting the district couru of the Uni* 
ted Sutes^ within the State of New York;'' 
which were conoBrred in by the House. 

Mr. Bbbobbr also reported the agreement of 
the said committee to the saiendments proposed 
bv the Senate, to the bill, entitled ^*Ab act to 
alter the time of holding the circuit coart in the 
acBthern district of New York, and for other pur- 
BasBs.". The ameBdmeot was committed to a 
UOBimittee fd the Whole. 

Mr. Hbbbbbt from the committee appointed 
ea the petition of John Daraall, by leave of the 
HiiUBCL^Mported a bill for the relief of the said 
John Daraall, which was read twice, and com* 
miMed to a Comauitee of the Whole. 

On motion oi Mr. Puidall, a commii«ee was 
appointed to inquire into the orpediency of mak* 
iag ptofision, \y law, touching the prosecution 
of petitioos of right, and informations of intrusion, 
ia thefedeml courts, in cases wherein the United 
States are concerned; and, Messrs. Pibdall, Sbb* 
afeUBT, Cobb. Abam% and Tallmadob, were ap- 
pa i ated the committee. 
. OnmotionofMr. Claibobbb, 

RemAvtd, That the Psesidaai's BAeuage, and 
aaeoaqiaBying documents^ upon tha sBk^ect of the 

espenses incurred under the 4ih,5th, 6tb, aad 7tb 
articles of the Treaty of Qhent, be remied to m 
committee; and that they be instructed lo inquixB 
into the nature and causes of said ezpenees ; also^ 
into the prtoaiples upon which the Commisstonerai 
uadtt the 6th, and 7th artidee of said treaty hava 
heretofore proceeded in theesecmion thereof, aod 
that said committee makea detailed report thereon, 
for which purpose they shall have pouFor to send 
for suah persons and papers as they aaay deedt 
Messrs. Claibobbb, Babboub, of Vunnia^ 

ROBBRTBON, of KcntUCkf, MOBTOB. Bud Wu.« 

UAMB, of Connectictti, were appoiated said oouIk 

Mr. MoLabb, from the CoBMnittee ca Coaa«> 
merce and Manufirctures, to whom waa saferrad 
the bill from the Senate, entitled *^An act oan* 
cemiag the bamit v or aUowance to fishing Bsseeis; 
in certain oases," reported the same withe«i 
amendment, and the bill was read a thifd tima| 
and passed. 

Mr. SiOTB^ of North Carolina^ sBhoMeted a 
joiat resolutioB, directing the prinua^ and diatr^ 
button of the act for the rcHef of oertaia smri ii iiB f 
officers of the RavbhitioB, and tha ta s trBctioBa 
issued relative thereto, dnm the Department af 
War, among the clerks of the aevanu eauns cC 
record withia the United States; wfaielt was 
twice read aad ordered to be eagrosad for a tyvd 

The biU sopplemoktary to the act ^ to aothoa^ 

* ise the State of Tennessee, to issue gsanu and 
^ perfect titles to certain lands theieta deeeriha#, 

* aad to settle the claims to the vacant aad UBhp«> 
< propriated knd within the same," pneed tha 
18th day of April, 1816, was received from tha 
Seaate, and, having bean twice read, the ^sestioB 
was stated on ito being ordered to a seoond read* 
ittg*— > 

Air. Sdwabdb roscj not, he said^ for the parpoea 
of opposing the bilL for that would be aaavailiiig ; 
nor bad he any wish to commit it. It was well 
knowa that an unpleasant difiereaoe had long es* 
isted betweea the States of North CaroliBa aad 
Teaaeesee in relation to the object of the biU^ 
upon which both States had memorialmed Caai^ 
ffresB. The Supreme Court of the Uaited Statea 
had however lately nronounced an opinion in tftie 
case before it, bv which the qaestioa ia aonm^ 
versy was set^d agaiaet the pretensions of NtHBli 
Caroliaa. As there is no otiKr aitemMiva, mad 
he, since we ought to submit to tha powarv tUt 
be, he would content himself simply bv sayiaf 
that he did not concur in the opinion of the capn, 
and bv signifying his dissent to the bill, withmKt 
troubling die House with bis reasons fiw eithetL 

The bill was ordered to a. third readiag, ami 

The bill from the Senate ^ reffulaiing the sMT 
of the Army ;" the bill ^ regu&oiBg the feaa of 
notaiies in the county of Wadiington, in tha Die* 
trict of Columbia ;" the bill ^ to inootporale m 
Fire Insuraace Company in the City or Waahp^ 
mgtoa;^' and^' the bill to aaake valid oertaiQaatBBf 
the Justiovs of Peace in the Distviot of ColumUai^ 

Digitized by 






9panM0h American Fr&vmoe&. 


weie severally twice read and referred to teltet 


Mr. McLane, from the Committee of Com- 
merce ind Maoufactures, made a report oo the 
petition of Thomas Hatchinsoo, aod partners; 
which was read, as follows : 

The fetitionert state that in the jeer 1816 Ihej im- 
ported into New YoriL e qoenti^ of metchandifey 
which thej were desiront of rethipping from the Uni- 
te^ Btttet, and to obtain a dxewback. Being ignorant 
themselvefl of the requintes necessaiy to obtain the 
benefit of drawback, they applied to the deputy naval 
officer, who undertook to have the proper entriee made, 
and to gaperintend the whole basinew ; that the deputy 
naval officer, however, £iiled to apprize them of the 
necewity of giving the bonds required by the act of 
CongreM, and, being themselvef ignorant of Uie law, 
they neglected to enter into any luch bonds ; that ti^e 
goods were re-expoited» and regularly landed at the 
Ibreign port to which the vessel dwed out The 
iNnids having never been given, however, the petitioners 
•have been deaied the benefit ef drawback, and they 
pmj Congress, te allow it, as though the bonds had 
been regularly given. 

The committee consider that it wo«)d be establish- 
ing a dangerous precedent to allow the plea of igno- 
rance of the requisites of the law to dispense with their 
frovisiens. In this instance the bonds were the most 
essential pert of the whole business, and indispensable 
to the safety of the revenue. If the petitioners applied 
ta the deputy naval officer for advice, rather than to 
the regular officer of the district, the United States 
should not be liable for his omission or want of infor- 
mation. The committee, therefore, recommend Uie 
foDowing resolution : 

'Resohedy That the prayer of the petitioners ought 
not to be granted. 

The report was concurred in. 


The House haTiog resolred itself into a Com- 
mittee ai the Whole oo the general appropriation 
bill-»-to which an amendment bad been mored by 
hfr. Clat to introdace an appropriation for the 
outfit of a Mianter to Bnenos Ayre»<* 

Mr. A. Smttb, of Virginia^ said) that he was 
opposed to the proposition under ooasideration, 
aad should contend, in the first plaee, that the 
aaeasare proposed is an act of asorpatioa, an in- 
▼asm oTtbe BzeoutiTe aathority. Seeondly, he 
would contend, that the coudoct of the Sxecutire 
bnmeh of the QoTernmeat, as respected Spain 
^aad her Americaa profinces. haa been perfectly 
f aipartial and hooovable, and saeb as was required 
\rf the interest and honor vd the United States ; 
tiwt, therefore; no interfefeaoe on our part was 
ueaeesary. And, thirdly, he would contend that 
tlie measure proposed was preguaat with evil. 
and may jeopardize the safety of the United 

tht CoBstitotion, said Mr. S., graau to the 
President, by and with the consent of the Sen- 
ate, power to appoint Ambassadors and public 
fiilDisters, and to make treaties. According to 
the usage of the Gbveroment, it is the President 
wbo receives all foreign Bdinisters, aad deter- 
15th Con. IstSxss.— 50 

mines what foreign Ministers shall or shall aet 
be received. It is by the exercise of some one 
of these powers, in neither of which ^as this 
House any participation, that a foreign Power 
must be acknowledged. Then the acknowledg- 
ment of the independence of a new Power is an 
exercise of Ezecutire authority ; consequeatljr, 
for Congress to direct the Executive how he shall 
exercise this power, is an act of usurpation. 

To give such direction must be an act of usur- 
pation, if it shall have any effect. Should the 
direetioo be given, by adopting the proposition 
under consideration, and have effect, then the 
President will send a Minister to Buenos Ayree, 
not according to his own opinion, but according 
to the opinion of Congress. Then the President 
will perform his proper Constitutional duties as 
OoBffress shall be pleased to direct. WIU not 
this be chauffing the Constitution, by usurpation ? 
It is for the Executive branch of the Government 
to decide to whom, and when, a public Minister 
shall be sent. Congress undertake to decide when 
and to whom a public Minister shall be sent; is 
not this usurpation? 

You possess the power of impeachment, and. 
consequently, may discuss, and, by resolution, ex- 
press, an opinion on any past act, either of the 
Executive or of the Judiciary ; but you have no 
right to give a direction to either. 

The President is responsible for the proper 
execution of his Constitutional powers \ he may 
be punished for abusing them, or for neglect of 
hiS'duty. This House is the proper body to pioe- 
ecote him, if he shall fail to do his duty. We 
are not. in like manner, responsible and punish- 
able. If we direct the President to do an aet, 
however injurious to the nation it may prove, we 
cannot make him responsible. Is it proper thus 
to deprive the people of the security which thev 
have reserved to themselves, in the Presidents 
Con.stitutional responsibility? 

The President is re-eligible at the end of fear 
years; it is, therefore, fair that he should be left 
free to execute his Constitutional powers ; that 
the people may be enabled to judge the manner 
in which he has executed them. If you undet- 
take to direct the President in the perfomttmee 
of his duties, you deprive him of the merit of 
those acts which the people might approve. Let 
it be suppoeed that the President mtende to do 
the act which it is proposed that we shall direct 
htm to do, and that the act is one which deeerves, 
and will receive, the approbation of the people. 
If you shall direct him to do the aeti his perform- 
ance of it will be ascribed to your direction, and 
all the credit due to the aet will be given to you, 
aad withheld from the President. Oo the con- 
trary, should the President disappove of the 
proposed measure, resist the usurpation, and main- 
tain his Constitutional rights, the consequence 
must be. that either the President or Congress 
must sink in the estimation of the people. 

By adopting the proposition under consideia- 
tioo, you will pronounce to the world, that the 
President will not voluntarily do his duty; and 
that it has become necessary that you, by diraot- 

Digitized by 



5IST0RT OF coHomeaB. 


H. OP R. 

iSpiBMmh iMMTMVfl /TVPUCBf* 

MAmoa; 181«. 

Ai^i •boald eoiii|)el him. You cerudnlf intend 
that your direction shall ha?e effect and it can 
have no effect, nnless it compels the President to 
do n act which otherwise he would not have 
dona. Ton do not intend merely to place Con- 
gress in collision with the President ; to raise an 
opposition to him, in case he shall have firmness 
•nottgh to maintain his Conslitntional ri|[hts,and 
to act according to his own views of the intertsts 
of the United States. 

The people have, hy the Constitution, distrib- 
ttted distinct powers to the aeveral departments 
cf the Government: the Execoiive power they 
bav# confided to the President, either abne, or by 
and with the advice and consent of the Sennta ; 
Ihay have ado|>te4 a particular mode of ekoting 
Iba President, intended to secure to the offioe of 
Chief Ma|{istrate the greatest wisdom, kamH- 
•dffo, patriotism, and integrity. They have a 
i^fht to the free and voluntary ser vices of the 
attiaen whom they have aeleeted, as possessing 
thnee qualities, to fill the Presidential Chair ; a 
rigbt to all the advantages lo be derived from 
bis ulents and his information. And at no time 
has ihc PxtcutivadepartaMnt of tbisGbverament 
Bora deeerved the public odnftdence than at pres- 
• rat. At no moment since the formation or the 
Constrtntion, did the Cabinet possess, in so great 
a degree, the qualities which a Cabinet ought to 
possess, viz: talents, knowledge^ political infor- 
OMtiion, and harmony. 

Yet, at the very moment when ^e President 
has his agenu in those countries, which claim to 
be admitted to the rank of naiioDs, for the pur- 
pose of ascertaining their true ntualion, and to 
discover what order of things will probably be 
ultiflMtely established, it is proposed that you 
shall prematurely interfere, and that, before the 
desirable informatioD has been obtained in such 
a mode as may be relied on, you shall, on such 
information as the Speaker (Mr. Clat) has 
gleaned from newspapers and pamphlets, direct 
Uie President to send a Minister to Buenos Ayres. 
mould your inter^renee be at any time ezpedi- 
a»t, eertainly this is the most improper lima to 
interfere. The want of iaformation on this sub- 
ject has been fully shown by this discussion. No 
one will pretend that tha members of this House 
ftneially are well iaformed concerning the ac 
toal md political state of the Spaaiah provinces, 
aii4 the contradictory nature or the information 

Civen M> the Committee^ by these membara who 
avetaken pains to procure inibrmau'oo, proves 
that we have none that is worthy of being re- 
Ued on. 

It is by the President only that the United 
Statea com monies te, negotiate, and treat, with 
foreign nations. To them, as has been properly 
observed by the gentleman from South Carolina, 
(Mr.LowNDBa,) we should present a single front, 
The measure proposed seems, in iuelf, of little 
importance; but it will be understood by the 
apeeches of the honorable mover, and others, by 
whom u is supported. Thus understood, the prop- 
osition goes to degrade your President in the 
fy f aof foreigu nations. If Congceas shall assume 

power to dtreet the President, this House be- 
comes the efficient Executive. Who would be 
President on aucb conditions ? 

I proceed to show that the conduct of the Ex* 
ecutive, as relates to Spain and the provincea, 
has been impartial, honorable, and such as com- 
ported with the true interest of the United 

The hoaomble St»eaker has been pteased to 
say, that the conduec of the Executive towarda 
Spain and the provinces was calculated to irri- 
tate both parties, and conciliate neither. Tbia 
brings to our recollection what be said on a for- 
mer occasion— that the acts of the Bzecutire 
had been ail on one side, and bearing entirely 
against the colonists. This charge, which baa 
never been answered, was made bv a genilemaa 
whose assertion will be respected as authori^ 
throughout Europe, as well as throughout t^a 
country, by those wbo do not examina for iheoa- 

If we examiaa tbaee aeis of ibe Sxeeo«ii« 
wbieh bave any beaiing on tbe aontesi betvoam 
Spain aad the cobnies, it will ba found, that tie 
greater number was favorable la the patrialai 
and those were the veaoU of tbe free witl«nd 
diaoretion of tbe Eieeutiva, wthile rhaaets com- 
plained of, wbieh have Imd a beariag against tbe 
patriots, were performed by the fixeeutire ha 
obedience to the laws, and were not tbe result Of 
tbe exercise of discretion. 

'The acts of the Executive of the United Statea 
favorable to the Spanish provinces, I will notice 
in the order of time. 

In Mr. Madison's Message of November, 1811, 
we find this passage : "An enlarged philanthropy,' 

* and an enlij^htened forecast, concur in imposing 
' on the National Councils an obligation to take 
'a deep interest in their destinies; to cherish 

* reciprocal sentimaafs of good will ; to regard 
' the progress of evenu ; and net to be uopre- 
' pared for whatever order of tbings may be ulli- 
< mately established^" Here is a voluntary act, 
favorable to the cause of the provinces; and 
this recooHnandatton was followed hy an act of 
Congress giving a consifkrable stun to the peo- 
ple of YeaezueM. 

The next act favorable to the provinces, waa 
the isstting by Mr. Madison to the collector of 
tbe euatoms instruettans to admit the flag of the 
provinces; by which their ships became anli- 
tled, in tba poru of the Uniied Batea, to ovary 
privilege granted to tbe ships of other foraign 
Poarers. The President was at liberty to baoe 
considered cbe patriois as rebels against their 
Sovereign, and to ezdnda their %ig from est 
ports ; or to consider ihem as a party in a oivil 
war, and as auob to admit their ^ iaio our 
poru; he decided fovorably lo the pairtois, aad 
admitted their flag. 

The next act of the Executive, favorable to 
the Spanish provinces, waa the declaratioa Iqr 
the present Chief Magistrate, that those provin- 
ces are partial to a civil war, in which thftir 
rights, as relates to neutrals, are equal to the 
righu of Spain; tbe President thus looking on 

Digitized by 





March, tSlB. 

Op&tMh AlHtfXdiM Jrt^&9ittC0$» 

H. OP R. 

Ike iadepeBdenee of the prorlBC«s as aototUy 

The imt EtecQtiye aec whiek kas a beariD^ 
fiiTorable to the Pravinees, was fke ooostractioo 

ffT«Q by ike President to tke law of Mareh. 
Sn, respeetiog tke neatral dotlee of the Uoitea 
Stales. That act, in eoaeeqaenee of the omis* 
sioo of the words '^ district, colony, or people,^ 
in one of its sections, perhaps admiited of a con* 
airaetieo that would hare denied to the patriou 
equal righu with the snbjecu af Spain in the 
ports of the United States. We hare employed 
aone itoae on a hill intended to remcdr the de- 
tet ; bnt the construction gifen by the President 
to tke act of March, 1817, had rendered its opera- 
tion jperfeeUy eqoal aa related to Spain and the 
fvoTinees, so far as the BxectHi? e aothority is 
concerned. In a letter written by the Secretary 
of the Treasury, which may be considered as 
nficial, i9 this osragraph: ** Having deolared 

* that the flags or 8paio and of independent Qot- 
' ernmeotsestabliiAied in Spanish America should 
^ be treated hi the same manner in the ports of 
*the United States; the BxecUlire authority 

* woold not hesitate Co consider the flag of Yen* 

* ecneU that of a fbreign State, within the mean- 

* iw of the fonrth section of she act." 

The last act that I shall mention, manifestly 
fkvorable lo the proriaees, is the act of sending 
aomoUssMoen to aaeertain what is their situa* 
tton I to preTCnt mbuoderstaodings ; to correct 
errors; perhaps to redress past grieranoes, and 
prevent their recurrence in future. 

These various acts of the Executive, having a 
Waring favorable to the patriots, and all of them 
reauluag from tke dtfcretion of the Executive, 
were overtooked by the Speaker, when he said 
ilmt the acts of the Executive were all on one 
side, and bearing entirely against the colonists. 

Let us now examine those acts of tke Bxecu* 
lira of which the Speaker complains as having 
so oaCivoralile a bearing against the natriots. 
These are, the proclatnation of Mr. Madison, 
mned for tke purpose of dispersing tke armed 
force collected under Toledo, in vioTaiion of tke 
law of the United States ; and the suppression 
hf the President of ike establishment at ilmelia 
Isiawl, made by MeCkegor, with a force unlaw- 
Mly prepared within the United Sutes, and 
ttaiataiaed by Aury, wko pretended to act uader 
tke authority of Mexico, New Grenada, and 

As to tke proclamation which was issued for 
dttapersiag ^ armed force collected uinler To* 
Imdo, ii will be remembeted that President kfad* 
isoD wn swora faithfully to execute his oflUe, 
tke ekief duty of wkich is to take care that the 
laws be faithfully executed. An act provides 
that wken tiie execution of the laws of the Uoi 
ted Sutes is opposed or obstructed by combina- 
lions too powerful to be suppressed by the ordi- 
nary course of judicial proceedings, the Presi- 
dent may call (bnh the militia ; but he shall by 
proclamation command those who thus oppose 
or obstruct the laws, to retire peaceably to their 
respeauve abodes, within a limited time. Tke 

force collected by Toledo came within the mean- 
ing of the law; and Mr. Madison had no discre- 
tion to exercise. The law pointed out his duty, 
and he performed it. 

The suppression of the establishment made by 
McGregor, and continued by Aury at Amelia 
Island, was required by the interests and tke 
honor of the United States. The world knew 
that the Executive was authorized to take Bast 
Florida against any foreign Power. Those who 
follow the profession of arms, must eitker be 
robbers or pirates, or thev most have some power. 
The friends of Aury wiH not admit that he was 
a pirate ; then they must contend that he served 
a foreign Power. Let us admit that Aury served 
the Republic of Venezuela, a Power whose flag 
is admitted into the ports of the United Slates, 
tinder the laws respecting the vessels of fbreign 
Powers. If Yenezuela had been formally ac- 
knowledged as an independent Stste, the act of 
1811 anthorizes the President to uke Florida 
against the attempt of Venezuela to take posses- 
sion of it ; and the want of such formal acknowl- 
edgment cannot diminish the righu of the United 
States. It being the duty of the President to 
execute the laws, and the case contemplated by 
the act of 1811 having happened, a foreign Pow- 
er having attempted to take possession of Flor- 
Ida, and havina in execution of that attempt 
made an estabflshment at Amelia Island, tne 
President was bound to suppress the estanlish- 
ment maintained there by Aury. 

Had no such law existed, tke conduct of the 
President would have been worthy of approba- 
tion. A nation has a right to protect itself from 
the evils of bad neighborhoods. Upon this prin- 
ciple it was that the act for taking possession of 
East Florida was passed. So when Louisiana 
was transferred from Spain to France, our Min- 
ister at Paris most seriously remonstrated against 
the occupation of that country by the forces of 
Napoleon ; and many of our distinguished poli- 
ticiaos urged the expediency of takihg Louisi* 
ana by war, rather than admit a dan|[erous neigh- 
bor to come there. Perhaps Louisiana might 
have been obtained bv war, at an expense of one 
hundred and fiftv millions ; but the wisdom and 
moderation of Mr. Jefierson obtained it by pur- 
chase for tke tentk part of the suni. It was to 
nreserve herself from the evils of bad ndighbor- 
kood that Prussia involved herself in war, first 
with Great Briuin and afterwards with France, 
rather thaa have French troops in possession of 
Hanover. Is there any nation more interested 
in avoiding neighbors of a certain description 
than the United States ? Would it be safe to 
allow Florida to be revolutionned by blsck 
troops 7 We have said, and I presume will con - 
tinue to say, that no Power except Spain shall 
come there. 

I have shown that the conduct of the Execu- 
tive, as respecu Spain and her American pos- 
sessions, has been impartiaL The honorable 
member did not indeed say that it was partial- 
but he could not be understood as meaning any; 
thing else, when the acts of the Bxecutive were 

Digitized by 





H. OF R. 

SpamUh American Provineea. 

MuRCH, 18181 

all on one aide, bearing entirely tgainst the col- 
onists. I viU now proceed to show that the 
conduct of the Ezecntive, as respects those par* 
ties, has been most honorable. 

The conduct of the Executive has been con- 
trasted with that of the French Qovernment in 
the war of our revolution ; and the conduct of 
the Qoverhmeat of France has been denominated 
maf&animous. A comparison more favorable to 
the Executive of the United States cotild not have 
been made. Let us see what was the conduct of 
the Government of France during our revolution, 
previous to the treaty of 1778, by which France 
and the United States became allies. Secretly 
the Qovernment of France was granting us aid 
in money, arms, and warlike stores, while publiclv 
she affected to observe a strict neutrality. A 
State paper, published by that Government about 
the year 1780, says, *' His Majesty prohibited, very 
' severely, the exportation oi arms and warlike 

* stores, provided they were intended for North 
'America. He prohibited the privateers to sell 

* their prizes in France, and his subjects to pur- 

* ehaae them." The same State paper reveals 
the motive by which the French Government 
WAS actuated in becoming the ally of the United 
Slates, which certainly was not a desire for the 
liberty and happiness of the United States: it 
says, *^ in treating with the Americans after they 

* liecame independent, the King exercised the 

* ri^ht inherent in his sovereignty, with no other 
' view than to put an end to the predominant 
' power which England abused in every quarter 

* of the globe." Such was the motive and such 
the conduct of the Government of France; now 
denominated magnanimous, and preferred to the 
conduct of the Executive of the United States. 
And what has been the conduct of the Executive 
towards Spain and the provinces ? That conduct 
has been open and impartial ; the ships of both 
are admitted in our waters ; they equally enjoy 
the righu of hospitality ; either party may pur- 
chase ships, arms, and warlike stores. Conduct 
so impartial and just is truly neutral and honor- 

Sir, I am deeply impressed with a sense of the 
obligations which we are under to France for the 
aid granted to us during the war d'our Revolution ; 
bMtl cannot admit that the conduct of the French 
Qovernment is compatible, either for honor or 
magnanimity, with that of the Government of the 
United States. The declaration made by the 
President, that no privilege in commerce would 
be accepted from the Spanish provinces that shall 
not become common to other nations, is ona of 
themost disinterested aod magnanimons that ever 
was made by a Government It is an example of 
liberality worthy to be admired and imitated by 
other Governments. It is worth v of the Govern- 
ment of the most just of alt people. 

The Speaker disapproves or the moderation 
which the Executive has manifested towards 
Spain. He would press upon Spain in her state 
of embarrassment; and he endeavors to prove 
that Spain cannot and will not make war. If 
such be truly the situation of Spain^ how ungen- 

erous is it to seize the present time to press upon 
her ! How very differentare the sentiments which 
have heretofore been expressed by the Executive.^ 
In a letter written by the present Chief Magia* 
trate, then Secretary of State, in 1812, to General 
Matthews, will be found these passages: **It 

* neither of these contingencies was it the policy 

* of the Executive to wreat the province forcibly 

* from Spain; but only to occupy it with a view 

* to prevent iu falling into the hands of any fov» 

< cable negotiation with Spain." ^I may add, 
' that, although due sensibility has been uwftya 
' felt for the injuries which were received from 
' the Spanish Government in the last war, -the 
' present situation of Spain has been a motive for 
^ a moderate and pacific policy towards her." I 
ask, if these sentimenu are not magnanimous aftd 
honorable, and worthy of the United States? 

When Franee wronged the United States, they 
made war upon her ; when England wronged the 
United States, they made war upon her. Having 
attacked the greatest and most watlike natioaa^ 
the forbearance of the United States to make war 
against Spain, during a period of long continued, 
and still continuing disuess, will not be attributed 
to any unworthy motives ; for Spain, we are tM 
by the Speaker, cannot and will not make war. 
HOW ui^nerous then would it be take a step 
against Spain which woidd undoubtedly produce 
war, if England was the offended Power I 

I have said, sir. that the measure proposed is 
pregnant with evil, and may jeopardize the safely 
of the Uoited States. I hope and trust that we 
are able to resist any combination that may be 
formed against us, even at this time. I am coor 
fidently certain, that in twenty years we shall be 
able to set at defiance the power of the world : 
and in a century we shall be able to give it laws. 
I therefore; deem it most important, that we 
should let the present moment ot peril pan away ; 
that we should gain time, and go on to improve 
our resources by the arts of peace. 

If any event can jeopardize our safety, it is a 
war with the combined rowers of Europe al this 
time. Sir, if a hundred measures were devised 
for the purpose of destroying our national eziat<» 
ence, and this was among them, it would be the 
very measure that I should deem most likely Co 
succeed. If there is a measure, the adoption ef 
which can produce such an event, it is one wkich 
shall amount to a declaration that we are the pa- 
trons of revolutions; one, by which we shall jiro^ 
claim, that, wherever a province shall mnke ia- 
surrection against the authority of the parant 
cououy, we will consider it our business and dBty 
to take the new people by the hand and intfodoea 
them into the family of nations. 

Sir, the coalition still hangs together. And 
what is their common bond or union 7 It is ike 
cause of legitimacy— the cause of hereditary 
thrones. The combined Powers have provesi 
that they do not mean to confine their views to 
Europe, by interfering in the controversy between 

Digitized by 





Mabcm, 1818. 

9p<mi8h American Provincee. 


the Courts of Sptin aid Brazil. I9 it not the ob- 
ject of their holf Jeagoes to bring back maakiDd 
to the state of mental darkness in which they 
were for ages subsequent to the reign of Constan- 
tino 1 Has not Gkeat Britain signified to yon. 
that the Blississippi ought to be year boundary ? 
Has not France done the same 1 Has not Spain 
claimed that boundary 1 Do not these circum- 
stances indicate concert between those Powers t 
Shall we then, at such a time, do an act utterly 
useless to us, equally useless to Buenos Ayres, 
(for the Speaker admits, that there can be no 
concert between us, and that we hare not the 
means to aid her ;) an act, the effect of which 
will be to bring Congress and the President into 
collision; which act may by any possibility, how- 
CTer remote, involre us in a contest with the 
combined European Powers ? 

Sir, let us hold this language to the people of 
the pfforinces: ** Ask us not to engage in war in 
your cause — you iiare men and money ; arms 
and shins you can purchase. The cause you are 
ragagea in is one to be decided by yourselres. 
We grant yon cTery privilege of a Power. We 
will not quarrel with your former master. We 
will not quarrel with the combined Powers of 
Europe. Achiere jour independence, and force 
Spain to acknowledge it. We hare no authority 
to judfc of the contest and and award the prize.'' 
Sir, when Doctor Franklin, in I777,reqi:(ested the 
King of France to acknowledge the independence 
of the United States, the King answered, that he 
could look upon the independence of the United 
Butes as actually ezistinff ; but, that it did not 
belong to him to acknowledge it, for he had no 
right to judge of it. Neither does it belong to the 
united States to judge oi and acknowledge the 
independence of Buenos Ayres. 

But, it is said, that the acknowledgment of the 
independence of the Republic of La Plata will 
give Spain no just caiue of war. Sir, justice is 
not always the law of nations. The law of na- 
ti<tts is the usage of nations. Let us see what is 
the usage of nations, when one Power aeknowl- 
eges the independence of prorinces which have 
shaken oS their allegiance to another. It will 
not be necessary to go further back than the war 
of our Revduoon. From the erentual treaty of 
alhanee entered into between the United States 
and France^ it appear^ that the latter Power ex- 
pected a declarauon ot war on the part of Great 
Britain to be a probable consequence of the ac- 
knowledgment or the independence of the United 
States. The Treaty of Alliance recites, that the 
MTties ^ hare thooight it necessary to take into 
'consideration the means of strengthening those 

* engagements, and of rendering them useful to 

* the safety and tranquillitjr of the parties $ partic- 

* nlarly in case Great Britain, in resentment of 

* that connexion, and of the good correspondence, 

* which is the object of the said treaty, (meaning 

* the treaty of commerce.) should br^ikthe peace 
' with France." Accordingly, no sooner was the 
fact that a treaty of commerce existed between 
France and the United States communicated to 
the Court of London, than war was declared. 

It may be said, that, with France, we had a 
treaty of commerce, and also an erentual treaty 
of alliance. But, with Holland .we entered into 
a treaty of commerce only ; yet no sooner was 
that fact disclosed to the British Court, br the 
capture of Mr. Laurens, than war was declared 
against Holland. 

Thus, it appears that a treaty of commerce 
entered into with provinces who have thrown 
off their allegiance to the parent country, gives 
to that country cause of war, according to the 
usage of nations. Then acknowledgment must 
be equally a cause of war ; and, indeed, a treaty 
of commerce must be expected to be the neces- 
sary and immediate consequence of the acknowl- 
edgment of a new Power, and the interchange of 
public Ministers. And it is not without reason, 
that acknowledgment of the independence of a 
new Power is deemed cause of war by the parent 
Power. If you acknowledge the independence 
of Buenos Ayres, you undertake to judge of the 
controversy between that Republic and Spain. 
You deny the dependence of Buenos Ayres upon 
Spain. You will thus undertake to deny what 
Spain claims as a right. 

It is not sufficient to satisfy the Committee that 
the measure proposed will not produce war, to 
show that Spain has not resources for a vigorous 
prosecution of war. It must be shown that the 
Government of Spain has not pride and a sense 
of honor. If you offend Spanish pride by an in- 
sult that would not be borne by England or 
France, war will follow; we shall makeconqucists; 
and then the Powers of Europe will interfere. 
Sir, I am not disposed to g[0 to war with Spain 
on account of our old claim for spoliations on 
commerce. Spain has also a claim against you 
for spoliations committed by vessels equipped (n 
your waters. Pay ypur merchants their claims ; 
charge the sum to Spain; credit her for the spo- 
liations for which you are responsible ; the day 
of account will arrive hereafter. 

We have been told of the additional security 
which the independence of Buenos Ayres will 

give tolibertyagainstthe combinations of crowned 
ends; and that gratitude will attach the new 
Republics to the United States. Sir, it is by pre- 
serving the United States that liberty is to be 
secured against the combinations of crowned 
heads. And experience proves the brief duration 
of the gratitude of nations. England aided the 
Dutch to throw off the yoke ot Spain ; yet, no 
long time elapsed before the ocean was dyed with 
English ahd Dutch blood, shed in adverse con- 
flicts between the two nations. France aided 
the United States to shake off the yoke of Eng- 
land ; and our first war with a civilized nation 
was against France. Nations are not governed 
by ^atitude. They are governed by interest and 

Let us leave the severance of the empires of 
the world to the people concerned. Let us not 
interfere in the war between Spain and her col- 
onies. Let us not jeopardize the happiness of 
this happy people. Let us support the Bxecutive 
I in giving to the nations of the earth an example 

Digitized by 



HIST0&7 OF (XmiKKBm. 



i ^ t mifh 4m«riwM P 


0f j«iti«» aod nuWeraUMi. So shall we preserve 
th« peace of our country, and the prosperity of the 
oar people. For^ however unjasc nay be, desigot 
of those who govern the uatioBs of Europe, they 
have too mueh respect for the opiuioos of their 
fWQ stthjects, and of posterity, to make an uopro- 
Toked attack upon a nation whose distioguiwed 
characteristic is moderation and justice. 

lir. Houica, of Massachusetts.— Afflicted, as 
I have several days been, with bad health, noth- 
ing but an imperious doty to explain and defend 
my motives could have indpced me lo rise on 
this oocMion. The friends of this proposition 
ave charj;ed with intentions hostile to Spain, and 
unfriendly to the Administration. War, with all 
its calaouties, is brought into view, and deemed 
to be inseparably connected with this amend-r 
ment» Its horrors are eloquently and pathetically 
described. We almost hear the truoipeis sound, 
the cannons roar, the shrieks of the dying, and the 
shouts of victory. We recover from this delirium. 
aod inquire, Wnat is the sabject of debate 7 And 
ve find, to our astoaishment, that it is a simple 
proposition to apprcHpviate a sum of money to be 
intrusted with toe fizecutive and to be applied 
to defray the eipenses of a Minister to Boeoos 
Ayres. provided the President, in his discretion, 
should deem it prudeni and proper to send one* 
Thifl^ then, is the subject and ground of alarm. 

Sir, if this were to endanger the peace of the 
country,.! would alter my determination, and 
^vemy voce agaiast the amendmettt. I have 
too laldy witnessed the dangers and distresses of 
war, to rashly expose my constituents to a re- 
ttcwal of its calamities. I have aeen too much 
of violence and Action to induce me lightly to 
assume a hostile attitude. I have felt, too seri- 
ously, what madness and treason can do in times 
of public calamity, to hazard my Qoonuy^ peace, 
without great necessity and great reflection* No. 
air, much as Spain has injured and insulted us. I 
should, in the present condition of the world, 
pause and deliben^te before I would make the 
Inal appeal. 

I am aware that reoaarks have been made and 
motives avowed in this debaie, which saight in- 
diiee an iadiflerent auditor to suspect tba^ some- 
tbiag was intended vhi«ch was not contained ia 
the aMOsure itself. Hence I have found it neces- 

sary to enter into the debate, that my reasons for 
mf vote may be distinctly understood, and that 
my motives may appear entirely different from 
Ihofe which have been ascribed to the advocates 
of this measure. 

The act, in itself, is not hostile. It is unneces- 
sary to refer gentlemen to authorities to prove 
this ; every one knows, and the opponents of the 
amendment admit, that to do the act is not cause 
of war. Spain would not resent it if she could. 
Gentlemen j^retend that it is disbooorable to calcu- 
late on Spain's disability. I think not. If we 
were to do an unlawful act against Spain, it 
would be neither correct nor honorable to rest 
our impunity upon her w^kkness. But, when the 
act is lawful and right, and that which we might, 
at disereuon, do or omit, it is then proper to in- 

quire whether she bee the pewer io resisi it, a«db 
to calculate on herweakaess. 

Aod what reason have yo« to expect thai 
Spain would take umbrage at this 1 Will ska 
ei^ffe in a contest with the United Suaea^ 
which would prove fatal to her power in Souftli 
America ? fer, she has been strugg'tag for years 
to keep up the ai^eamoce of power in ner. prov** 
inces. Her means ar» exhausted, and her anoioa 
are wasted, and her power is neirlf annihilaied. 
At home, ignorance, bi|[otry. despotism, and be^ 
gary, abound. Her miserable' stolen monsreb. 
the usurper of his faiher's throne^ has rewarded 
the defenders of their country with baoishmeai, 
imprisonment, aod death. The Qovemmem m 
bankrupt, the people are starved, and distrust and 
treachery everywhere prevail. Would Spaia^ 
poor, emaciated, decrepit Spaia, entar the lissa 
with youni^ vigorous, athlette America 7 Such 
an act would consummate her folly and madaem, 
finish her calamities, and seal her destrisetion. 

Sir, I regret that her condition has been com* 
pared to ours durinf the late war, and that tha 
exposure of the emptiness of her treasury, hf her 
Minister, is resembkd to the report of Mr. Dal- 
las. Is it thus that gentlemen wiUnuanify thaiir 
owa weakaess and debaaraMni? Were we aa 

Kor and beggarly then as Spaia is now ? She 
e been, for years, the sceae of a deaolatiag ami 
vindictive war; alternately exhausted, pillaged^ 
and robbed by her foea^ the French, and hct 
friends^ the British ; nojthwg moveable remainedi 
which was capable of exciting their cupidity* 
Armies fighting, advancing, and retreaiing, unlU, 
every vestige or property was swept firom tha 
face of the earth. Not oaly the revenues of the 
Governmeftt,httt the lesoui ces of the people, wef« 
cut off and consumed \ and this cruel, vindictive, 
and extermiaating war was a striMle between 
the v«ssals of the usurper of his father's throne 
and the usurper of that usurpation. Was your 
coantry, in the late war, like this? Sir. the ra- 
souroea of the nation had not been touched. Yoer 
Secretary, it is true, gave you a dismal account 
of the waats of your Treasury > btit the money 
waa in the pockets of the iie<^e, and whenjrnn 
asked for it you had it. The spirit of the Con* 
gress did not keep pace with the patriotism of 
the people ; there was an unacoouniaUe timidity 
to exact the means to prosecute the war. Some 
saectce of faction, some ghost of the HartferA 
Convention, with a dagger in his hand, or soma* 
thing else, I know not what, checked and deter- 
red the Representaiive& of the day from calling 
so fast as the people were willing to pay. Sir, I 
repeat it, our resources had scareel v been touched 
at the p^ce. Had your country been made t4e 
theatre of the war, like Spaia? Your enemy- 
had scarcely ventured to pollute your soil with 
his foot. He had, in a f«!w instances, made sud- 
den inroads, cemaaitted depredatioo^ and fled. 
He ran to this city, aod with vandal barhari^ 
demolished your public buildings, the monn- 
meau of elegance and art, aod ran hack again. 
It is true, he stopped at Alexandria, and took % 
little bread, which he wanted; bal this was ia 

Digitized by 






Anopiaat^ jPrMlMifk 


taktn o# fHcadafatp andl lore. With tke nme 
friendly motiFe, be oceapied Castine, that thm 
people of New Bag^aiid might, wkb i^ter fk- 
e^r, obujo a few Boglish goods, wbicb they 
needed* There were a few other instaaees where 
private houses were pilkged of cape, and linen. 
and other little natters ; bot, in the nudo, the 
iadiridnal resonreee of the ^ieople had not been 
iaapaifed by the eoeny or the GoTernment. Is 
it Tfgllitf tfaeDf does i< eemport with Ameriean 
fediofa^ to tmilk your oomMry with this miaeraUe 

But, I eottloBS) I do not w«il peroeive the oon« 
sieltneT of the honorable gentleman <Vom Georgia, 
(Mr. FoRa¥Ttt,)wbo opposes this amendment, 
and yet woidd noi hesitate to occnpjr the Floridas. 
The anrtndment Qider eonsideratien is inofien- 
sIto, and to oeenpy Fiortdn is an act of war. The 
gentlenatt deprecates war: he would not even 
pinee moaey in tJie hands^oi the President to send, 
at bis discretion, a Minister to the provwees of 
Ln Plaia^or fear of araptore, and still he wonld 
take the Flortdas, which is war of Itaelf. Bol it 
has been contended, thai the eombined Powers ef 
Snrope wonld take part with Bpaia against ns, 
fiw an act entirely innocent,^ and peffSetly con- 
aietent with the laws of nations. Sir, I appre- 
bend that BUrope has eaongh to do at home. It 
ia iadienenable thai Ffaace should still he oeen- 
pied. That ill^ated nation cannot yet be trusted 
to goTera herself, nee is Borope safe if France be 
freoor They who are afraid to withdraw- their 
anmiea from Famee, would scarcely venuire to 
encage in a remote and hazardous enterprise to 
sobTert the Uhcrties of the Western workL Mbn- 
areha are not ofor^fond of opposiaff their meroe- 
ttarief to tho soldiefe of libecty. There ia aa en* 
thaeiasn in liberty which is extremely centa^ 
gfonoy which may communicaie itself to the ranks 
of the enemy, and prodnoodisafTection, deserlba, 
and deieat. It was the aid afforded to the sana 
of freemea which cost the amiahw: and aafertn* 
nate Loais his crowa and his head. . 

And what is the iaiMeing spedatle which 
Saropa this uMmaiH exhibits 1 b her coalition 
l ad it so U bU? A single^ solitary iadiTtdaal, with* 
oat power oc friends, is placed upon a rock in the 
midst of aa ocean, guarded by a; ddegatioa from 
every Power in EiMrope,.lest he shoald eacape^ 
proaotate ihetr powers, and sahrert the Gbirem* 
n aeut t of the earth. This is net all. The giganr 
tic Mwer of Russia is destined to make tharesi 
of Sevope tremble. Aleaai|d«r has, with his 
mynaadans, rushed fram the froscn regions, of 
the I^iorth to tasia the luxuries of France. He has 

t by gorernmg 11 

aod yandaia,.and Hoa% of former timas, we shall 
shortly see him quitti«^ his inhospitable racks, 
aad moanKiinsi and frosts, and snows, ta seek 
•nd enjoy the genial skies and luxcuiaat aeils of 
Frasoe and kaly. All fiarope Tiewa him with 
jealotis eyee, and are on the alert at his «rery 
moiFement. He oaets a longing bak at the Bos- 
phoma aad DaidaneUes, and contcnaplaies^ with 

soHeieodev the time when hie fleeie shall pam 
from the Black Sea to the Medlterraneaa, loiba- 
poie with Bnglaad the empire of the i 
Will Russia and the other Powers, thusi 
ing and jealous of each other, enoage in a l._ 
test of doubtful success, of oertaia diinger,aad te«^. 
eviiable loss? Let any or aQ the Powers of Bo- 
rope engage in an American war, aod yoa will 
witness scenes in Fraaee which sarpass descrf|H 
tioa. France is waiting only until the attentiaa 
of the allies shall be drawn to some other ohjeoc, 
to rise in her strength, burst her fetters,^aad aaoi<> 
hilaie her wcahanri tottering QoTeroaient. Aad) 
if no other reason prevented the coalition froaa 
joining to subjugate America, the dittcoity of di- 
viding the plunder woald be alone safficieat. 
Were the South Aiaeriean provinces lo be paiti- 
tioned among the Powers of Burope, Bngkad 
would insist on a part, aad give her a put, and she 
iaevimbly secures the ,comaKree of the whole. 

But, it has been iatimated, that England weald 
fight us if we adopt this amendment. Sir, I thiak 
I have shown that Spain cannei 4ght us aloasL 
aod ^e hooeeable ffentleoian from Marylaad 
(Mr. Bmitb) admits thatBnglattd waold not joia 
her; He 'Cven regreu that she would not,. aad 
wishee that she mi^it. If Spaia eanaot eaeor 
thocontesi wiihoul Bogland, and it ie admitted 
that Bogland will not, it would seem thai tha 
danger is at an end. But there are better reaaoaa 
tknm the gemieaian's adaaissiott. that Bngjand? 
would not Ighl the United StaiasL she woald'ha 
certain of hard fighting, aiid deubobl of.saeceen 
or ^ory. She is still sauriing with the wcmads 
which we have inflicted 
wishee the mdependenee 
would,^ indirectly, aid ia Iheic imu^o. ^ iuotm* 
for the aanual sale of X50,000,QO&.6letlmg: of e«e 
maaufrusturea, which ehe would ae^qifo by iha 
independence of the provinceiL woald not be leal 
sight of by her statcsmok This alasm of wai^ 
sir, is fiuieifal and visionary. 

Bat aa alarm haa beea sounded that tha adva* 
oatea of the amendment are opaosiag the Bxeea^ 
live; aad is this iruof Am I, wna very lately well 
nigh Joel nsy <ilh^ ^<^ * seatiB^thiBfiouseforllawiag 
beea ia a oondiiioa which mqpoeedmeto Glxeotili va 
ioflnence,.8o seoa to rebel agonal the Pteaideatf 
Shall I, whahave eipertefioed the dropping of the 
Bxecative mnetuary, toro my heel agamet mf 
benefiictor ? ShonkI this, be the oase» it would 
only prove what experience has always proved^ 
that gratitude for past, inflaences less thaa tha 
prospect of Caiare fitvois. That it is aot tha man 
who has had an office, but he who is seeking oae^ 
who is the humble tool of the Executive. 

But, sir, akhough aeither past favors aer fntoia 
prospects wiU ever induce me lo. follow in- tha 
wake of any mauf still I insist, and will prova^ 
that the pmaased amendihent is in jperlect aa* 
cordance with the views aadfeeliagaof the Preat* 
dent, as dtMbvesedin all his official commaaiear 
liooa to this House. While I prove that the act 
itself is proper, I will show that, as an individual^ 
1 am not angratcfuL Ingeaiiioda is a chaifa 
which would set heavy ; it is a crime of w^i^ 

oa herw She eecretly 
I of the previace^'aad 
their eause. A nwrkn 

Digitized by 



HI8X0BY OF «01fOBE8B. 


H* ovR. 

SpOtUth JwlMfUMMr FTi0nttOC9» 

Mabcb, 19t8. 

naMieliM vtc been foand wko would adnow- 
ledge himself guilCf . I hare the utmosi oonfi- 
deaee in the eorrectoess of the coume which hts 
baetty and will be, porsued by the President in re- 
g«fd te these proviBces. To send the Commie- 
siettere to inqaire into their condition, wfts pru- 
-dent and proper, and consistent with his regard 
for their libecties and our safety. That the Presi- 
dent urdently wished for their emancipation, and 
that his course of policy was conformable to that 
wish, I have nerer doubted. He has admitted 
their flag on the same terms as that of Spain ; he 
baa sent three gentlemen to iaquire into their 
^oaadition. By this measure we sajr to the Presi- 
Mlent, '' Sir, with that solicitude which character- 
' * iaee a love of country and re^d for the rights 
^ ^ man, you have sent Commissioners to South 
^ America. They are to aseeruin the strength 
^ «id stability of their Governments. On their 
^ retttni you will be able to judce what ultecioff 
' steM are to be taken. Should their report be 
* vnnyorable, nothing farther will be done ; but 
^ should it appear to you that a nation has been 

< esiaUidied on the southern dirisioa of the Amer- 

< ioan continent, you have the means to recognise 
' them, proTided you should deem it consistent 
^wilh the lu)nor and interest of this nation." 
Th«(e are my reasons for ^ring this power. Sir, 
it this hostility to the President ? Those gentle- 
men who are disposed to take the reputation of 
the President into their ezclusire custody, are 
imwillinff to intrust him with $18,000, lest he 
alMold abuse the trust. 

This grant is authoritative, but not directory. 
Whr, it is asked, not leare it upon the same 
feeling as other diplomatic appointments? I 
answer that the President would no doubt ven- 
twe, opon his own responsibility, to send a Min- 
ister to any Government already established and 
teeognise^ prorided the public good required it. 
Bot^ here is a subject of some delicacy, and the 
advice or opinion, at least, of the people's Rep- 
resentatives would, no doubt, be agreeable to him. 
Here is a new nation sprung into existence by 
bomting the bonds of oppression, as we did. 
Whether we should be the first to recognise them. 
•r wait until the monarchies of Europe should 
have done it, are questions of policy as well as 
principle. Should the amendment prevail, and 
^touid he determine, on the return of the Com- 
missioners, to send a Minister, he would feel a 
eonfidence that the people would not complain, 
nor would he be exposed to have the correctness 
of his course questioned or criticised In discuss^ 
ing the next appropriation bilL 

Bir, there is a character of hostility given to 
thb measure which it does not deserve. This 
rery session we have passed an act, far more 
hostile to Spain, and favorable to the provincef, 
than the amendment under consideration. An 
aet expressly offering the flasr of the provinces 
protection in all our ports, x et, when an inno- 
cent proposition is submitted to vest a discretion 
in the President to do a harmless act, you take 
the alarm, and denounce its advocates as hostile 
to. Spain and unfriendly to the President. Sir. 

this is, indeed, '^straining at n gnat, and swallow^ 
ing a catnel." 

But there is no proof that Buenos Ayres has 
an independent government, or that the people 
are sufficiently populous or powerful and intelli- 
gent to maintain their independence. I am aware 
that our knowledge of their political condition is 
still imperfect. For that reason I would do 
nothing in haste. I would wait the return of the 
Commissioners; and this is what this amendment 
contemplates. We, however, do know that the * 
province of Buenos Ayres is extensive and popu- 
lous; that it extends sixteen hundred miles by one 
thousand, and that it has cities containing from 
70,000^ to 100,000 inhabitants. We know, also, that 
the principal cities, Buenos Ayres and Potost, 
and, indeed, all the others, are in possdbsion of 
the patriots. Now where are the royal forces 1 
The population of this province is almost exclu- 
sively in the cities. The settlements commenced 
in this way at first^ as a protection against the 
savages. If these cities are under the government 
of the patriots, what does Ferdinand govern? 
The gentleman from South Carolina (Mr. 
LowNOBs) intimates that Potosi has lately oeen 
in possession of the royal forces, and that it is noS' 
certfiin but tliat they may occupy it now. Sir, 
how could St. Martin cross the Andes with 
Potosi in possession of his enemy ? Yet he has 
done this, expelled the royalists from Onili, and 
has, probably ere this, liberated Peru, i think I 
may. with safety, affirm that no royalist has ven- 
tured, during these last five years, to enter this 

But the last, and, as I believe, the most illib- 
eral objection, is yet to be noticed :-*The inde- 
pendence of South America would not profit us I 
Sir, I regret that such an objection should come 
from such a source. The lionorable gentleman 
from Maryland, (Mr* Smith,) in the true spirit of 
calculation, apprehends that the exports m these 
provinces would rival ous. Nay, more, this de- 
graded country is to become our rival ia power, 
and to threaten the existence of our navy. In 
one breath we are told, these people are too 
ignorant and imbecile for self^^vernment; in the 
next let them be free, and they will become 
mignty rivals, and en£ross our commerce and 
vanquish our navy. They are to build ships 
without timber, (for they bring it nowftom Para* 
guay,) and they are to navigate them without 

Sir, when the Portuguese monarchy was trans- 
ferred to the Brazils^ we were not then alartted 
at the danger of rivalship. We sent them a 
Minister at the rate of nine thousand dollars a 
year, and nine thousand dollars outfit. Theae 
South Americans are not destined to become 
commercial rivab to any nation. Many of them 
lie within the torrid zone--a country favorable 
to production, but not to enterprise, x our ships, 
your manufactures, your carrying trade, will find 
a brisk and constant demand, from a people with 
whom labor and enterprise are not familiar. 

Sir, let us not indulge an unreasonaUe jealousy 
where the cause of U&rtyaad humanity are^on- 

Digitized by 





ICabob, 1S18.' 

i^ MHw t h Am€tiC09l /I'OffHICtfl*-' 


eenied. I hope md trast that men whose fathers 
fought and bled in such a cause, will nerer be 
deterred by coBsiderations selfish as these. 

The hardf sods of the North will never be in 
dwnger from the freedom of the Sooth ; oar sail- 
ors are iniired to storms and tempests, and ezpe* 
rieneed in hardshipe and peril. Their enterprise 
will not yield to that of any people on earth. It 
is eren childish to apprehend danger from the 
independence of Soath America ; bat there are 
strong and powerful] leasons why we should re- 
joice at and eneourage such an erent. And we* 
do reioiee at and encounge it. The President of 
the United States wishes, as ardently as any one, 
fbr their emancipation. He whose whole lif^ 
has been devoted to freedom, cannot, does not, 
will not, look with indiiference on events of such 

Sir, the people of the United States do, and 
ever will, mke a most lively interest in the free- 
dom of tneir brethren of the South. It is the 
cause in which we fought, and bled, and con- 
quered. This nation now stands alone, the only 
established Republic on earth, like a solitary 
rock in the ocean, where the storms of tyranny 
have burst upon its brow, and the billows of fac- 
tion broke harmless at its base. Will it not then 
be a source of consolation, that we can hail one 
Republic as a sister, take her by the hand, and 
encourage her in her advance to freedom ? 

Sir, I have thus far tired the patience of the 
Committee, in showing, that this measure is in- 
nocent in itself, and is neither hostile to Spain, 
not unfriendly to the Administration. I trust I 
have succeeded in proving that the course of the 
Executive is coincident with this measure, and 
that whatever other ffcntlemen may feel, my 
views are to accord with, and support the Execu- 
tive oa thi9 subject ; and that the whole amount 
of the proposition is, to give the President the 
means, and to leave it to his entire discretion 
whether he shall tue them or not. 

Mr. TucKKR, of Virginia, said, that at this late 
period of the discussion, be could only claim the 
mdilgence of the Committee upon a principle, 
which never failed to secure to those who asked 
it their patient attention. He found that, upon 
this occasion, he should be in a small minority of 
the delegation from bb own State, and was, 
therefbre, peculiarly solicitous of ezpUuning the 
reasons of his differing from bis honorable col- 
leagues, for whose opinions he felt the greatest 
respect and deference. There was, indeed, an- 
other reason of not less importance. This propo- 
sition bad been supported upon a variety of pnn* 
ciplee, and by v^ various arguments : nor would 
gentlemen be surprised to learn that his own 
views of a subject, which had so manv aspects, 
had not been exactly presented, when they recur 
to the fiict, that scarcely any two persons, who 
had spoken on this occasion, had entirely coin- 
cided. The honorable ' Speaker had declared 
hhnselffor this proposition, but was opposed to 
war or the occuaation of Florida. The gentle- 
man from Georgia is against this proposition, but 
is in fiivor of the occupatioa or Pionda. My 

friend from Louisiana is in favor of both ; and 
my friend from South Carolina (Mr. LowHuns) 
is in favor of neither. Among these various opin* 
ions, I am inclined to the adoption of this propo- 
sition, though I coincide otherwise entirely in the 
pacific policy of the chairman of the Committee 
of Wavs and Means ; an opinion which I shall 
probably endeavor to support upon erounds con- 
siderably different from those which have been 
advanced by the Speaker. 

Sir, I have said, on a former occasion, that I 
am opposed to involving the nation in vrar, unless 
a great and important occasion shall require it. 
I have said, that I am unwilling to entangle our- 
selves in the contest now raging between Spain 
and the provinces of South America, but, that T 
would maintain an honorable, impartial, and dig- 
nified neutrality. I am opposed to war, because 
I see no adequate advantaiges to be derived from 
it; because the occasion does not seem to justify 
so important and momentous a measure ; because 
the amount of the losses for which we seek in- 
demnity, and of the property we wish to zet pos- 
session of, bears no comparison with the hazards 
which we must encounter, whenever we engage 
in war ; and, because I conceive a state of war 
always reidete with danger to the principles of 
our Constitution. It has long been my settled 
and deliberate opinion, that nothing is so apt to 
sap the foundation of our liberties as frequent 
wars. Every laurel that we gain is at the haz- 
ard of some principle of free government; every 
field that we win endangers some part of our 
Constitution. The urgency must, therefore, be 
pressing, the necessity imperious, which drives 
us to war ; and, were I less convinced than the 
gentleman from South Carolina, of the unprofit- 
able results of a Spanish war in other respects, 
the consideration I have mentioned would suffice 
to dissuade me from giving my voice for waging 
it in the present state of things. 

But, sir, while opposed to war ; while averse 
to ererj measure which will probabljr lead to it, 
and which the honor and interest of the nation 
does not require, I have said that I would pre- 
serve a strict, impartial, and dignified neutrality; 
and I do most sincerely believe^ that, in the pur- 
suit of this end, the measure under consideration 
ought to be adopted. 

I cannot but regret, Mr. Chairman, the man- 
ner in which this proposition has been discussed, 
and the remai^ that have been introduced by its 
opposers. 1 allude to the harsh expressions that 
have been used in speaking of these unhappy 
people, who have long been struggling to throw 
off the most galling yoke, the most hateful sla- 
very that has ever yet tortured and degraded 
man. The honorable gentleman from Gieorgia 
tells us, that he sympathises in their cause^ and 
earnestly wishes tor their success. I doubt not 
his sincerity. Yet I would appeal to every mem- 
ber of the Committee, whether the harsh colors 
in which he has represented them, and the dark 
picture he has drawn of their ignorance and 
depravity, is calculated to transfuse into other 
boioms the sympathy of his own. I will tppeal 

Digitized by 



wofscm oFocmimsm* 


H« o^Bi* 



CO kiamU wticUicff kia glowing iMgpa^ 19 likely 
to win iw tQ tbcir eouse, ft«4 to disseaiioate, 
through the natloo, an inter^flt in theii pros* 
p«rity, wheo be represeoted ihein as haf iog lit 
the torch of revolotioa, witboat potaeasing a 
fieittimeni of liberty; witb oondnetiag itbynaa- 
iac?es atid etiormiti^t, which render them «q- 
worthy of ittedom; aii4 with termlnatiiig it ia 
a tyranay, noi mferior to that whiek they have 
ovenbrown^ Aceordiog to thia view of the aoh- 
jectj ih^h Rt:volutioD haa eommeDeed io igoor- 
aat« I i\& cour!^e baa been ^taiaed by murder ; ita 
e&d has been tbe sabjogatioa of the people; aod 
ve &buixld f«d not ooe emotioo of pitv for their 
Ku Bering^ or of soKicitode for their weliare. Sir. 
1 ara aware ihat this courae of remark waa, in 
som£ mea^ur^, drawn from the gentleman by the 
obfier nations of the Speaker. But> while he pro- 
teau against the compariaoA of the patriota with 
the heroes ol our ReroLfttioo, he might have 
ipared thenij ai leaaL the eontrasi which ke kaa 
so vividly drawa. He teUa oa tkat ihey hugged 
their cbaioF, and lofod the lyianny ; and that 
the origin of their Revolution had no foaodation 
ia I be pr i □ c i pi e^ of freedom. He doea not attend 
sufficieotly^ I Lb ink, to the naiure of revolution, 
or sufBcienily consider the aitnation of tkia peo- 
ple. What would be aaid of tkat man, who^ 
tuimag aver the pagea of our hiatory, abould 
charge the sages and paUiotftcMf our Revolaiion 
wiib iiugglng Lb«ir c^ina and loving their ty* 
rant, because uf the repeated and loyal reaM)iH 
airances and mcmoriala preaented to the Crown? 
What should we thixA of the aUteaaaan, who, 
looking oaly to ibe aurface of thinga, ^ould at- 
tiibute our gloriuuB atruggte to a mean and mer- 
cenary spirit J which revolted only at a twelve* 
penny statnpj ar a trivial duty on a pound of tea? 
Sir, tbo^ who sat at the heka were men of pro- 
found wisdom and political aagaoity: deeply 
versed in the knowledge of their rigkta aa fcee- 
mtD, aod intjmateljr acquainted with tkepruMi- 
pies of human action; and, in candueting ua 
o?er ibe temp^stuona ocean of revolntion. they 
looked with a Meady eye to the libertiea ot their 
country I whit^ they availed themaelvea of td\ 
these popular breeiea, to waft the veaael of atate 
into ihe hAvtn of freedom and independence. 
8ucb may be ibe case with the Revolution of 
the BpaQisb pro¥JQce6. We aietoo imperfectly 
acquainted witb the facta wkich led to their con- 
TiiJaioQ 10 proDounce them deatitnte of the noUe 
principles of liberty. 

Nor are tiiufficieEit allowancea made for the ait- 
uation of tbe&e u a happy people for many centu- 
ries. Two or three kundced yeara have they been 
groaning under a tyranny the most oppressive 
that has ever overwhelmed a wretched people. 
Nothing paraUel to the misery and slavery of 
Spanish America can be found in the annab of 
theiabBbitable globe. It has been governed with 
^n iron rod, by monarchs who have been most dia- 

'tiguibbtd always by whatever is most horrible 
M tyrantiy, mo3ii detestable in bigoiry, and aMat 

ootempuble in imbecilitv. They have been in* 
vo|?ed, for ceDturiea, in the deepeat gloom of ig- 

nonuace and auperatitioii, into which it is tk» 
interest of tyrants forever to plunge the Tictima 
of their power. And whe0| at length, a beam of 
liberty has pierced the cloud which has so long 
benighted them, shall we be snrprised that it haa 
noty in a moment, dispelled the darkness^ and 
spread abroad, throujchoot their lands Ae splendor 
of the meridian sun 7 Let us rather rejoice that 
light hath, broken in upon them, and look with 
confidence to yet brighter moments. Let us re* 
member that the throes of revolution aie moat 
violent, where the mind has been least ealightp 
ened ; nor wonder that^ in the atruggle to throw 
off the Spanish yoke, greater outragea skould kt 
committed than in our own Revolution. We are 
told of the massacres of their enemies, and the 
enormitiea of their Revolution^ Unfortanatakf 
these are evils, too, necessarily connected with 
civil war. Even we were not without them. 
The Carolinaa were the scene, during our Revoh 
lution^ of eve;nts that we shudder to reciAlect. 
Brother waa armed against hrother-^neighbor 
against neighbor. Our foCf too, was geoerona 
and merciful, compared with the cruel a^ nare- 
lenting tyrants of those wretched and atruggUag 
people. Tea, sir, the cruelties perpetrated 00 the 
Spanish patriota, by the inhuman monaters who 
aeek their aubjti^^^on, cannot find a parallel ia 
the annala of nations, if you except the history of 
Spain herself. Tear but avav the page in whick 
her bloody deeds are recorded^ and you will &id 
no parallel to her late enorraiues. She is, indeed. 
*^her only parallel." And is it to be ezpeated 
thai, in a war like this, forbearance can be found 
among those who are goaded into madness by 
treacherv and cold-blooded massacre? U ia iaK-^ 

Sir, it is for these struggling people tkat I owa 
my sympathies are excited. I am not ashamed* 
to avow them. I know it is not very faskionabha 
to declaim in favor of liberty, and had I tha dia<^ 
position and the talent I should be saved the el^ 
ibrt by the nervous eloquence- of the geotlemna 
who spoke on yesterday^ (Mr. RoBCgTSON.)- I 
always listen to him with, pleasure, but oa yeai> 
terday witk delighu His speech waa dictated bf' 
a Roman apirit, and a ganiuae republicaoiaoi ; 
—a republicanism that knows no ckange; whicdk 
during^ the lapse of nearly thirty yeara that I 
have Jknown kim, kaa remained uaaltoredi and 

There is. Mr. Chairmaui another aotirseof re- 
mark tkat I cannot but regret on tkif oceaai<M(u 
It haa been said that this proposition impliea a> 
censure on the Executive. I am weU aware thai, 
the gentleman from South Caiolina did not meaa. 
jto intimate anything personal by the ramaxlu 
Yet it cannot but have ita effect. 

[Mr. LowMoaa rose and explained, saying. that|i 
as he frequently differed from the Executive hioH 
self, he could not disapprove a kimilar fr.eedoai of. 
opinion in otbera.] Idr. TnoKSB continued— 

The explanation of the gentleman was uoaa- 
ceaaary. Hia uniform urbanitv fnrniahed a si^BEU 
cient assurance that the remark was not intended 
with any personal view. Bpf , though thia ia th« 

Digitized by 





BIamb, 1818. 

iSJpaa0af4 Jmmcon Pr&mnoeM* 


eaie^ yet tbe iDtimaiioxi that the projioaitioo is 
not in eoDfionaDce with BzecQtire dpioioD, ia not 
withottt effect. The high standiag and com- 
mandlDff taleats of the gentleinao may render it 
pereooaUy aoimportaQt to him, whether his course 
cooflicts with Bxecative opinioQ or not. It b 
not always so with others. The Bxecutire branch 
of the QoFernment, though it possesses not a very 
cztensHre direct influence, is vastly powerful in 
its indirect and reflected influence over this body. 
Sleeted by the suffrages of the whole nation, there 
are maov who look upon him as tbe Northern 
Star of the political flrnument, which alone pre« 
serves its place in the heavens, "fixed and un- 
ahaked of motion;" and by him they discern the 
aberrations of the lesser constellations of tbe sys- 
tem. I will not pretend to say that to a certain 
extent this may not have its advantages; but this 
I can venture to advance, that he who acts with 
candor and frankness, and with a sole view to 
the honor and interest of the nation, wUl not fail 
to receive approbation rather than censure for 
his frankness and independence. Our constitu- 
ents wiii deal liberally by us so long as our mo- 
tives aie pure; and by this standard I am willing 
to be tried whenever I am found in collision with 
the Executive. But to whom are we to look on 
the present occasion in order to discern its opin- 
ions? To either of the two honocable chairmen, 
from whom we might most reasonably expect 
such information? No; they differ with each 
other. And the occupation of Florida, which 
one of them proposes, seems generally to be so p- 
jKtted at variance with tbe Cabinet opinion. Thus 
aituatedyl beg leave not only to disregard the in- 
timation that this measure implies censure, but 

I utterly disavow and disclaim, on my part, any 
each ideu. So far £rom it, that, according to mv 
notion of things, the vote which I shall give wiU 
be (bonded on principles that confirm the pro- 
mety of the course pursued by the GtovernmenL 
What is the character of the proposition? It ap- 
propriates the usual sum for the outfit and salary 
of a Minister, for the purpose of sending a rep- 
resentative of this Government to Buenos Ayres, 
whenever the Executive, in the exercise of its 
Conatitntional diseretioui shall think it advisable. 

II commands nothing; but it intimates^ in a 
proper and Constitutional manner, the readiness 
of this Honse to go hand in hand with the Exe- 
cutive, in the interesting measure of opening an 
iatercoorse with the Government of La Plata, by 
sending and receiving Ministers. It is in this 
waff aod in this way only^ that I understand th^ 
propoeitien. Is there any direct censure of the 
Executive here? Not at all. Is there any im- 
plied 7 A construction which would give to it 
this character, must be forced and unnatural. It 
ia only upon the hvpothesis of the gentleman from 
Souih Carolina, that such a construction has the 
air of plausibility. He tells us that as the Exec- 
utive have the power, this House ought not to 
interfere, unless there has been culpable negli- 
gence in its exercise ; unless there has been un- 
reasonable delav in sending a Minister to a for- 
eign Power. If his doctrine be admitted as a 

general rule, y/st, cases like the present, must form 
an exception to it. There is an evident distinc- 
tion between sending Ministers to old esiablished 
Governments, aod sending a Minister for the first 
time to a new Government, separating itself from 
one to which it had formerly been attached. The 
one leads to no dangerous results ; the other, we 
are told by gentlemen, will put to hazard the 
peace of the country. You may send a Minister 
to Turkey, or toluly, to Denmark, or to Austria, 
without offending any one. But we are told that, 
if we send a Minister to La Plata, we shall in- 
volve ourselves in a quarrel with Spain. Be it 
so. Is it not, then, a sufficient reason for the ex- 

Sression of the opinion of this House, the imme- 
iate representative of the people — the Constitu- 
tional organ for declaring war— that a contem- 
plated measure may lead to a state of war? Is it 
fkir to expect the executive branch of the Gov- 
ernment to assume, alone, the responsibility of a 
measure involving such momentous consequences,^ 
while we stand silently by, unwilling to share 
the hazard of expressiiig an opinion ? Or, is it 
consistent with the spirit of our Constitution, that 
the Executive should pursue a course which leads 
to hostilities, without an intimation of the opin- 
ion and wishes of the nation, expressed through 
the legislative body, on so important a concern ? 
I thinx noty sir ; and so far from censuring the 
forbearance of the Executive, hitherto to send a 
Minister to La Plata, I applaud it; because, al- 
though I do not think it would give just cause of 
war, yety as it might lead to a rupture with Spain, 
a (NToper respect for the rights of this body re- 
quired that they should await its opinion on the 
subject. Nor ouj|[bt they to send a Minister, or 
to receive one, without the sanction of the 1^^ 
lative bodv, until the lapse of time, or the acqui- 
escence of Spain shall nave removed every haz- 
ard of hostility. It is, then, with a view of ex- 
pressing, at this time, our willinffness to go hand 
in handwith the Executive in (his aftir, when- . 
ever it shall think it advisable to act, that I shall 
give my support to this proposition. 

But, gentlemen seem to consider this an inter- 
ference with the Constitutional powe(% of the 
Executive. I do not think so. This House has 
ai all times, and on all subjects, a right to declare 
iu opinions, leaving to the Executive to act upon 
them or not, according to its pleasure. Nay, it 
has often done more. Wherever tbe act to be 
done by the Executive has been intimately con- 
nected with the Constitutional powers of this 
body, it has always deemed itsen competent to 
act. Thus, before the treatv for the purchase of 
Louisiana was made, 92,000,000 were put at the 
disposal of the Government for a purchase of 
iSouthern territory. Here there was an act per- 
fectly analogous. This body had no riffbt to 
make a purchase, or to command the President to 
do so : but, as the purchase, if made, would have 
called upon the Legislative body for an appropri- 
ation, it was thought advisable to make it before 
hand, and thus indicate a correspondence of views 
on a subject* where correspondence was neces- 
sary. Cottla it have been said at this time, that 

Digitized by 






Spanish American Proviticei. 

March, 1818. 

the BiecaUre were censured bj Congress for de- 
aying to make a purchase the interest of the na- 
tion called for ? Could it then have been objected 
that we were trenching upon the Constitutional 
powers of. the Ezecotire 1 Could it have been 
alleged to be useless and frivolous, because the 
Sxecutive could make the purchase without a 
law 7 If not, neither can it be said now. The 
act of the Executive tAere would only have called 
for a small appropriation. The act of the Exe- 
cutive here might have the effect of a declaration 
of war, which it is within the Constitutional 
powers of the Legislative bodv alone to make. It 
would appear to me indeed of the utmost import- 
ance, that this correspondence of views should be 
preserved between these two branches of the Gov- 
ernment. How embarrassing to the Executive 
must it be, if, after a treaty has been made calling 
for a large appropriation, this body should refuse 
to make It, and to sanction a contract entered into 
with a foreign State. How much more embar- 
rassing if, in the exercise of its Constitutional 
powers, the Executive should involve the nation 
m a war against the wishes of its Representatives. 
The janing and confusion, and inefficiency that 
would result, might have the most fatal influence 
on the national success. No, sir, frankness and 
eandor, and a free and unreserved communication 
of the feelings and opinions of each by the other, 
can never have any other than the happiest influ- 
ence upon the National Councils. 

The propriety of an expression of an opinion 
by this House on important occasions being es- 
tablished, it behooves us to consider the necessity 
of an interference at this time. Although we 
cannot perhaps speak very certainly of the situa- 
tion of the Spanish provinces^ yet, no doubt can 
exist that a civil war is at this time raging between 
the colonies and the mother countrv. Nor can 
there be more reason to doubt, that the power de 
facto in the Spanish province of Buenos Ayres is 
in the hands of the revolutionary imtriots. And 
what is the principle of the law of nations appli- 
cable to this state of things ? It is, that all foreign 
nations have a right to consider the two contend- 
ing parties as two independent nations in all re- 
spects \ that foreign nations have no right to judge 
which party is in the right, are justified in looking 
no farther than to the possession of the power, 
and in considering those who are possessed of the 
power, defacto^ as the Government of the country. 
It Is a wise and natural principle of the law of 
nations. It flows from the source of all national 
law : the rights of nations to protect themselves 
and to seek their own advantage without injury 
to others. Nations, it is said, ueat and commu- 
nicate with each other to procure commercial 
and other benefiu; to obtain redress for injuries 
sustained, or to provide against their occurrence. 
It matters not to the neutral nation whether the 
parties at war are right or wron^ ; it may be its 
interest to make arrangements with both ^ it may 
be necessary to treat and communicate with each, 
to obtain satisfaction for wrongs, or to regulate 
their intercourse so as to prevent those infractions 
of neutral right, so common in a state of war. 

In this view, it is only important to the neutral, 
that the parties are possessed of the physicilpower 
of doing injuries or conferring benefits. With a 
people possessed of the physical power, or power 
de facto, though in a state of civil war, the laws 
of nations admit the neutral to communicate u 
with an independent Power. They consider them 
in all respects as sovereign for the time being, and 
of course they justify communications with them 
by Ministers. If it were otherwise, nations at 
pe^ce might suffer the direst wrongs from the 
parties in a civil war, without the possibility of 
redress, since the only way of demanding it is^ 
by Ministers. 

An application of these principles to our own 
case^ will show the reasonableness of the rule. 
Spam and her colonies are at war ; should they 
continue hostile (as Spain did with the Nether- 
lands for half a century, without acknowledging 
their independence, though they were completely 
sovereign; can it oe beReved that, according to 
the laws of nations, all other Powers are to be 
debarred of the advantages of trade and commerce 
which they hold out ? And how shall treaties of 
commerce be made without Ministers? Or, sup- 
pose the Republic of La Plata cruises on our com- 
merce, or taxes our shipping under illegal block- 
ades, or attempts to enforce improper laws of 
contraband, or throws our citizens into dungeons, 
(as Spain nas done with Mr. Meade,} shall we 
have no redress ? Can we not demand satisfac- 
tion ; the release of our property ; the discharge 
of our citizens | and compensation for the injury 1 
And how is this to be done without a Minister t 
And if through a Minister you make this demand, 
is it not a demand upon them as sovereigns for 
the time being ? You have sent agents, or what- 
ever they are called— (for gentlemen do not seem 
to agree by what name they are to be styled ; they 
seem to be considered at present a sort of nonde- 
scripts) — and it is contended that they are not 
Ministers, nor invested with the mantle of min- 
isterial inviolability — suppose they are seized and 
confined as spies? will you have no right to send 
and demand their release? And if you send 
another representative shall he too be unprotected 
by the laws of nations? or will you send a Min- 
ister, whom, on the principles of all civilized peo- 
ple, they will be bound to respect ? The latter 
assuredly — the laws of nations would justify you, 
and Spain would have no right to complain ; be- 
cause, although the mission would acknowledge 
the existence of civil war, and that the Power to 
whom you sent, held for the time being the power 
de facto, it would decide nothing as to the righu 
of the parties or the justice of their cause j and so 
long as the neutral avoids this, so long is the bel- 
ligerent without just cause of complaint. 

The principle contended for is rendered the 
more apparent by the reflection, that, according 
to the course of reflections I have pursued, it ia 
in the power of either of the contending {Mirties 
to compel the neutral to go to war or send a Min- 
ister. Thus, by capturing our vessels, or pHander- 
ing our trade, the provinces of La Plata may 
compel us to send a Minister to demand redress, 

Digitized by 





Maboh, 1818. 

Spaniih American Provmces^ 


or drive as into a war, which, when termioated, 
must terminate through Ministers. Now, it is 
abeard to contend, that Spain would have a ri^ ht 
to complain at the performance of an act which 
the laws of nations thus manifestljr permits, from 
the principle of self^protection and national ad- 
vancement ; and it would be equally absurd to 
deny the right to send a Minister for the preven- 
tion of injury, when the right is admitted to send 
one for the redress of a wrong. 

If, indeed, Mr. Chairman, lam not very much 
deceived, the error on both sides, in this debate, 
has been in considering the mere act of sending 
or receiving a Minister from these colonies,' as a 
recognition of their entire and permanent inde- 
penoence . of the Kingdom of Spain. We are 
gfopin|( in the dark, it is true, for want of works 
on nauonal law ; but. as far as I have been able 
to discover from those I have met with, the send- 
ing a Minister, to one of two parties, in a civil 
war, is not of itself an v recugniuon of the rightful 
independence of such party. It recognises the 
fact of civil war, which nobody can affect to deny. 
It acknowled^ the sovereignty, for the time be* 
ing, to reside in the possessor of the power^ with- 
out pretending to decide to whom the right of 
sovereignty belongs. These principles are be- 
lieved to be clearly supported by the authority of 
Yattel and Martens — both approved writers on 
the laws of nations. [Here Mr. passages 
from these works.] 

It IB upon these principles that France receiv- 
ed Ministers of Cromwell, and it is agreed, on all 
hands, that Charles when restored, had no reason 
to complain. On these principles have the Min- 
isters of Napoleon been received by every poten- 
Ute of Rarope. On these principles, even the 
mother country may send Ministers to her re- 
volting colonies, without acknowledging their 
independcMe. They are sent from the necessi- 
ties aridng out of a state oi war. By sueh ne- 
cessity, they are justified in neutrals, and the mis- 
sion or reception of a Minister, without an ex- 
press recognition, cannot receive a construction 
that would implv a determination to side with 
either party. These ideas seem to receive coun- 
tenance from the intimations of the Secretary of 
State, in his conmiunications with Mr. Aguirre, 
which appeir in this morning's paper. It is not 
very explicit, it is true, bu t it intimates sufficient- 
ly clear, that recognition must he by treaty, or 
bv some act other, than the mere entertaining a 

Fom these considerations, it would seem that 
we have a right to send or receive a Minister 
from Lm Plata, that Republic being in possession 
of tJke power de facto, and that Spain would have 
no rignt to complain of the act. 

But it is admitted that the writers on national 
law etnte. that the nation generally does com- 
pJmln. [See Martens.] Let us, then, eursorilv 
examine whether it is probable that Spain vnll 
complain' when no iu$t ground of complaint is 
aibrded. I contend she will not— 

Becmuae we have already encountered ell the 
hazard and difficoUy flowing from seadiog or 

receiving a mission, without its producing war ; 
and because her patient endurance of what she 
avows to consider as a flagrant injury, contradicts 
the idea of her being disposed to go to war. 

I have said we have encountered already all 
the difficulties of receiving or sending a Mint»> 
ter. We have sent to the South three agents, 
and we have received in this country (though 
informally) an agent from La Plau \ an agent 
with whom, from the Secretary>k letter, I think 
it appears he would have treated. If that agent's 
powers had been more fulL Is it, therefore, prob- 
able Spain would uke umbrage at our receiving 
or sending a public Minister, when she sees, at 
our Government seat, an agent, with whom we 
communicate, and who, after all, is but a Minis- 
ter, though not treated with the ceremonies usoal 
in intercourse with them 1 For, what is a Min- 
ister 1 An agent from one Power to another, 
invested with authority to communicate on MibUe 
aflairs. And I should be happy, if gentlemeQ 
can point out that pas«^[e in the law of natioas 
which declares an individual sent on public af- 
fairs to be no Minister, or draws a diatinctioa be- 
tween an agent sent to a Court and a Minister. 
If there be a distinction^ in the preeent instance, 
it must be on the supposition, (which isnot truoi) 

offensive to her, or less inconsistent with our 
duties as a nation, to receive a private agent from 
rebel subjecu, than openly to receive a Minister, 
upon the true and manly and justiflable principle, 
that, whatever may be the righu of the partiee, 
La Plata is, for the time being, po s s e ss e d of the 
^vitx de facto. Such a course appears to me both 
honorable and direct, and less dangeroiu to our 

Gkntlemen have contended that the Uniled 
States have manifested their impartiality by per- 
mitting a trade to South America in arms, and 
by admitting the Patriot flag into our ports* The 
first, it is true, is nothing extraordinary— the 
laws of nations permitting me trade in arms with 
nations at war, subject to the right of seizmre for 
contraband. The latter— the admission of t^ 
flag— was an important manifestation of friendly 
dispositions, given two years ago by this Govern- 
ment. Don Onis complained of u. What was 
the reply of the Government ? That a civilwmr 
was ragii^; that the United States eouM noc de- 
cide the riffht, and was bound^ strict neotcalkf , 
to admit the flags of both. Was not this admis- 
sioo, and the avowal of it by the Government, a 
recognition of the fact, that, for the time being, 
during the continuance of the war, and the pos- 
session of the power de facto by the patriots, the 
patriot flag was to be considered as the flac of a 
sovereign Power ? Was it not as completea 
recogmtion as the receiving of a Minister to regu- 
late that trade, which was in fact permitted ? If 
so, (and the Spanish Minister seems, by his com- 
plaints, to have considered it a wrong to his na- 
tion,) then the great hazard which gentlemen 
apprehend from sending or receiving a Mtniatei 

Digitized by 





H. Of R. 

8pttitM AtneHcan Prw i nti ^. 

March, 1818. 

iMtt alret^ iMeo ititwrred ; ftad ye^ after the 
Itpse of two years, it has produced do hostility. 
Ai^itt : The remoostraoee of our QorenitneQt 
against ttie blockade of Morillo, was founded on 
i£e prioeipU, that as Bpaia was in a state of 
eivii war with her eofonies, and as Spanish 
America was really ti^ the hands of the patriots, 
it was to be considered, daring the existence of 
the war, as a sorereign Power. For, if not to 
be eonaidered as sovereign, then they were to be 
regarded 9A'depeiiAmU9 of Spain ; and if depend- 
ents^ then we have no right to trade with them 
wiiiiMt her permission, whether there be a block- 
ade or not. The Spanish Kinf was not, on the 
avppesiilon of their being his dependents,^ boand 
to uii^6 a sufioieot force to blockade. If they 
arc to be considered in no other light than his 
property, be may Issne a paper or&x from bis 
tNireaa, forbidding the trade, and if oar ressels 
attempt it, they are liable to seizure and condem- 
nmlon. But ear Government have very prop- 
erly acted tiDon the principle which I am now 
oontending tbr. They consider oar merchants 
M having a ^ight to trade with those provinceR 
oC Spain w4ieh have the power dejacto. They 
eoaeider Spain as much boand to establish an 
effietent bloekade, as she would be ^f engaged i 


' wich any other independent sovereign roir- 
mL They have proteeied against McfriU^s block- 
ades at inefficient, and contrary to national law ; 
and they have demanded compensation for six 
of oor merchant ships which have been taken 
tiader k. Thay have thus eneountered already 
the (greatest dMncalty of recc^nition. That great- 
est dificalty arises one of the question of trade. 
If we recognise, our merchants will trade. If 
tkty trade, we must protect them against Spain. 
But this dtffieulty has been already eneoantered 
in the remonstrance against the blockade, and 
oan no longer be estimated in considering the 
qwestion beiero us. 

Sir, when I refleet upon these things^that this 
Government has already, in so many ways, 
avowed and acted open its right to consider the 
Spaaisli piovinoes, during the civil war, as sov- 
ereigB States, and that those avowals and these 
Mtaliave prodoeed no war—that the Spanish Mia* 
later has afieeted to consider the taking posses- 
aiaa of Amelia, as a direct and flagrant viola- 
tian af Ms master's territoty, but, instead of omk- 
iaig hris eo^, remaias here in his diplomatic 
chafacier with the most pacific reslgnatk>n— I 
mant persuade myself that his King will go to 
war for an act, which, 1 think I have shown, is 
fnttf justified by the laws and practice of nations. 

On the other hand, the receiving a Minister 
from the provinoes of La Plata seems to me to 
te required by a just sense of our dignity and 
station among the nations of the earth, so soon 
as the Bzeeutive shall receive, through their 
aommissioners, unquestionable evidence of their 
independent aituation. It will be required by an 
impartial and dignified neutrality. A neutrality 
of that description caniiot be said to be main- 
uined whUe we have at our Government a Span- 
ish Ifiuister, possessed of all the honors, and dig- 

nities, and respect, and immunities of the Minis- 
terial character; and while the agent of the 
republican provinces of South America ts not 
recognised as the representative of a sovereign 
Power, but resides here unnoticed, in the hum- 
ble obscurity of a private individual. Sir, I have 
before said, that I approved the omission to ac- 
knowledge him heretofore, because it was in its 
nature, an act of some moment, and in which 
there should be something of correspondence in 
the views of the different departments cf the 
Govemthent. But I would pass this resoJutilMi. 
that a state of things might no longer exist, 
which cannot but grate upon all oor feelings. 

Mr. Chairman, I conceive the present ques- 
tion to be of infinite importance. Wtether it 
was desirable that this amendment should haVa 
been proposed or not, the rejection of it now 
will be attended with the most important and 
unfortunate results. It will sive to tbe puUtC 
mind an impression most unfavorable to the pa- 
triot cause, which gentleman may, at a future 
period, in vain attempt to eradicate. It will con- 
vey to the Biecutivaan opinion that this House 
is arerse to the establishment of a regulsr Inter* 
co<iPse, by Ministers, with these struggling na- 
tions. But,ahove all, it will couvey to them an 
impression, that we are hostile to their cause. It 
maylead to acts of unfriendlinem and hostility, 
and we shall probably find ourselves, in a few 
years, open enemies with those to whom w^ 
ought to be as friends. 

If, on the contrary, w« adopt the proportion, 
we command nothing— we leave everylhhftg to 
the control of Bzeeutive discretion ; but we in- 
timate in a Constitutional way, to the fizecutive 
braach of the Goverament, the willingness of 
the Representative body that a friendly inter- 
course should be established with tlie nations 
who are struggling for their independeflfce against 
the most hateful tyranny of the work). We give 
an assurance to the unhappy patriots of the sym- 

Sithies of our nation, and we caltivate in our 
tates that generous interest in the eaute of the 
oppressed which it is not less to the interest than 
it IS to the honor of a Republic to olierish with 
the most fostering care. 

Mr. H. NaLaaif, of Virginia, said he shouM 
not have addressed the Committee on this occa- 
sion, if the argameau hy which the proposition 
before the House were supported bad been t>f that 
harmless nature which the gentleman from Ken* 
tucky had claimed for the motion itself. But, 
said Mr. If., when it is supported with an earn- 
^estness and perseverance its avowed object de«B 
not warrant ; when the Committee and the na- 
tiaa are told that they who advocate the propo- 
sition are the friends of freedom, and they who 
oppose it are its enemies, it is time for as, every 
fibre in whose hearts beats in unison with the 
cause of liberty, to enter into the discussion. But, 
air, when I see more, that out of this proposition 
is to grow a division of the Republican party; 
that on the one side are to be rallied the ezcni. 
sivo firiends of liberty, and those on the other side 
are to hadeaouacaa aa inimical to it, I confess i 

Digitized by 






/9iftmiih AwutricttH 'J^f99inc9$* 


m Boc wiUioff that tn j political entse, or ibat 
of tke frteods with whom I act, should be sub- 
jected to aueh misrepreseatatioQ. 

The {NTopoeitioB is to make an approprtatioo 
to defVaf the eipense of the outfit ajid a Tear's 
salary of a Minister to Boeaos Ayr#« It is in 
phraseoloj^ a stniple propositioii, itbteb, on its 
Bsere i»ettaJ| wo«u] seem to inTolve no great 
priaelple, to draw after it no important coose- 
<|aenee. Yet, how, Mr. N. i»ked, was that prop- 
Qiitioo tapported? Some i^tlemen say thia 
measufe is in eooformity wtth the riews of the 
JEzeeatire, and they wiH vote for it because it is 
SOL Other geatleaaen advocate it, not because it 
is in aonCbrmity with the rtews of the Bxecu- 
tive, hut beeause the condaet of the Executive, 
in other eaaes> as well as this, has not been eon- 
foraaaWe wita their Tiews» It was thus seen 
that the ptoposilion was soppocted on diffi>reat 
and directly opposite grounds. My honorable 
colleague, said he, telb us of Exeoutive influ^ 
•oce; that, though no one caa des^he it, it is 
felt by all. Why these reflectioos on fixeeotife 
iodoeocnr? Has the topic been iatrodueed by 
those who ate opposed to this measure 7 No ; 
Ihey have <»OBteD(»d that it in not the prorince 
af this House, ooless in extreoie cases, to inter- 
fere with a diplomatic question ; to which it is 
replied that it is act aa snterfefeaee, but, if it be 
so, it is in confermUy with the riews of the Bx- 
fcutive* From the report of the Secretary of 
State. Mceatif laid before the House, it wm ob^ 
▼iously to be iafetred that the Executive would 
have treated with the Minister who bad presented 
himself from that counciy, if he had deemed it 
expedieat^ad that Minister had the necessary 
powecs. Would the views of the Bxecuiive be 
ahaoged by the adoption of a proposition of thia 
ton f No, Mr. N. said ; but the whole course of 
the Executive may be scrutinized in the diseas- 
aion of U ; aad the gentlemen who proposed and 
supported it, demonatrated, by their argumenu, 
their belief that the Exeautire wanted goading 
oa the eubject, because he had aot reetived a 
Minister from La Plata. From what source, Mr, 
N. asked, have we the isfiMmatioa that the Gkv- 
•rnmeat of La Plau desirea us to recognise her 1 
Moasieur Aguirre ceold produce no powers au- 
thorizing him to treat ; aay, more, jt was known 
tkat Thooipsofi, the former agent, had been re« 
eoiUed because he had impertinently, and with- 
01^ authority, demanded lo be reccgaised at a 
Miauier. Where, then, was the necessity or 
eT«a propriety, oa our pari, of thus gmiuitooaly 
atapjai^ forth aed foieiag on these G&Terameau 
oar /ecogoitioa of their independence? Would 
it not be time enough to do ao^ when thegr had 
•howa a dispositiou to accept our aid ? Why 
ahouki this House step forward, as proposed, 
merely to appriaie the Ezecotife that it does pos' 
ataa a power to send a Minister to Buenos Ay res t 
The Presidsotand Senate bad not deemed it ex- 
pedieot to sead a Minister,^ and ibis House was 
therefore jiftked to take upon it the admioistra- 
tiou of the Executive powers. The object of 
the pi;oposiuoa ceuid not be veiled ; it wasphdui 

obfious, palpable; wtei this House telfs tiK 
Executive it appropriates money for the purpoae 
of sendtag a Minister, it is saying to the Bxeeu- 
u've we think it your duty to send that Minister. 
The idea, then, could not be sustained, that this 
was merely an intimation that, if sneh astep was 
taken, the Legblature would sanction it. Could 
it be fairly presumed that this House would not 
have appropriated money for the support of aubh 
an embassy f If the nation be so salioitous, as 
centlemen contend, for the recognition of the in- 
dependence of the South, and the President sim- 
ilarly disposed ; if there be but oae sentimeut 
throughout the eopntry respeeting the subject, 
where was the necessity of saying in adisanae to 
the PrcsideajL we will support you in the eamv- 
cise of your GoaBtttutiooal powers ? There betag 
no auoh occasion, it was an interference with tiM 
Executive authorit^r ; it was doing that wtoh 
is not usual, aad which is notconsisteat with tlie 
spirit of the Constitutioo, aotwithataadiag the 
cases of petty Indian treaties, dhc., which geatle- 
menafiectcd to consider as precedent i<i poiwt. 
la regard to this great uuestion of the recogaitioii 
of the independence of a nation, haW stood pre- 
cedeat? Whan WAueiMaTOtf saw aauva to re- 
cognise the ii^kpeodence of France, did he wtii 
for the sanction of Congress to judge whether or 
not ho ought to receive a Miaister from that 
Government? He did not. la everv view the 
course proposed waa not reconeileaWe with ilie 
usages of the couatry ; and because it was mtiL 
and in his opinion transcended Ae Constift ttti a aa t 
powers of Congress, he was unwiilmg, on great 
pnneiples, to adopt this measure. 

Mr. N. said he had remarked, in the opening 
of his speech, that he would not have troubmi 
tite House on this occasion, -but for the auggeatton 
that the opponeota of this motion were not the 
friends of freedom. I boast, myeelf, said he, as 
mnch the friend of freedom as any man creaiad. 
When that cause ia on the tapis, 1 am aot luka- 
warm. If by my fiat liberty could be gmatad to 
aii the people on the globe, it should bedone,.And 
the welkin should resound with their criee of 
joy. I am not, therefore, a? erse to thesueeeaaof 
the advocates of Ireedom in South America; ao 
far from feeling apathv in respect to it, i trust ia 
Heaven their arms wUI be successful ; that they 
will achiere aad maiataia their iadepeadence. 

Mr. N. said he had ejipecied, when the Speaker 
introduced thia^eat and important pfupaaitiott-*- 
for each the genilemen had made it, by ahouriag 
it auch ia hiae<timatton,andiiaimpoMaaae 
waa not to be frittered away by arguments ^oiag 
to oho w that it meant nothing more than a mere 
declaration of assent to the execution of a Coo- 
rstitntional power by the President of the United 
States— he had expected, he awd, to have toird 
the Speaker examine one questton, on which the 
expediency of adopting his proposition wholly 
depended, but which he had entirely overlooked: 
what good would result to the people of South 
America from this act? Were the people of 
South America competent to maintain their ia- 
depeadancea I UM ia aod» aaid Mn N^ they 

Digitized by 



HIST0B7 OF C0|YaBB8(»< 



Sp€tnwh itnutrican Pfoptn^e^ 


are. If they are, yoar reeogaittoa of their inde- 
pendence aibrds them no benefit, (f they are 
not competent to maintain it, of what avail will 
be your recognition ? Will it giro strength to 
the arm of the nerveless, or animate the sluggish ? 
It can work no such salutary effect. If the peo- 
ple of South America are incompetent to main- 
tain their independence, their recognition by the 
United States will not confer the ability. But. 
said Mr. N., will you, if vou recognise this na- 
tion, refuse to go to war, it necessary, to support 
that recognition? The American nation will 
never be guilty of such perfidy. The Speaker 
says be is not now the advocate of a war with 
Spain; but. I cannot believe, sir, that when we 
have embaried in the cause of the patriots, by 
sending them a Minister, if we find them sinking 
beneath the, weight of the chains of oppression, 
that the Speaker would sit quietly in his place, 
and see that liberty which he says they have for 
ten years enjoyed, wrested ^m tl^em. No, sir ; 
-if we take one step which has the e£fect to render 
«n an ally of the Southern countries at war with 
'SpaiiL we cannot stop short of a war in their 
behalf. For, though I love peace, and believe 
that we can never gp to war without jeoparding 
-some important principle. I would yet hazard 
ifaat,Jiaving advanced so far as is now proposed, 
rather than see the liberty of eighteen millions 
of people, once recognised, destroyed without an 
effort to preserve it. The affording them aid by 
arms, if necessary, will be the unavoidable con- 
seouence of taking this stepb 

if we give no strength to the cause of the 
patriots by the proposed recog[nition ; if a war 
with Spain is not to follow in its train, where is 
the necessity of the step? ^dmit that it be not 
pregnant with the evil consequences to our own 
country, contended for by some, and admitted 
by others to be possible at least, where is the ad- 
vanuiffe or propriety of legislating without any 
possiUe prospect of doing good to ourselves or 

But one gentleman has said, we have already 
recognised the independence of the provinces of 
La Plata, because we have admitted their flas 
into our portK,. and because we have reclaimed 
property seized uvder the blockade of their ports 
by Old Spain. If this aigument prove anything 
as to us^ what does it prov« as to Spain her- 
self? If we have reco^ised the independence 
of the provinces by reclaiming property captured 
under the illc^l blockade of them by Spain, 
what has Spain done by instituting that block- 
ade? As fonff as the provinces belonged to 
Spain, she had a rip^ht to restrain their com- 
merce by law ; but, instead of so doing, she has 
declared a blockade of their ports, and it was 
not usual, certainly, for a nation to declare a 
blockade of its own ports. If, therefore, the gen- 
tleman had succeeded in proving by nis argu- 
ment, that we have dready recognised the in- 
dependence of La Plata, he has by the same 
trgnment established, what is much more im- 
porunt, that Spain herself has recognised their 
independence, and of couiw absolved them from 

their allegiance. I think, however, my coUeagoe 
failed in his argument. He has ndt proved 
that the act to which he refers is a recognition 
of independence, any more than he has proved 
that treating with a private agent of a Qovera- 
ment, is equivalent to receiving a imblic Minister. 
How has Mr. Aguirre been received ? He has 
sent a communication, and has received an an- 
swer. And Don Pazos too«-he, finding that the 
Executive would not treat with him, comes jto 
Congress and some gentleman advocated his 
having an audience here. At one moment tin 
President is charged with hostilitv to the pn- 
triots for rejecting Don Pazos, and at anotMr 
it is contended that the merely receiving a letter 
from a man announcing himself as a foreim 
agent is a recognition of the independence of me 
country which he professes to represent* How 
are we to decide amidst such a discord of argo- 
ments, the one of which conflicts the other ? 
The truth is, that neither of the persons refen^ 
to has been recognised in any other than his in- 
dividual Capacity. 

But what is more afflicting, said Mn N., io 
my feelings, is the charge of hostility to liberty. 
It is said^ that we are afraid of Spain 1— What 
means this ? Are the scenes through which we 
have recently passed already to be aet down ns 
a tale of the times of old ? Is the stale eharae 
of foreign influence so soon to be disinterrea ? 
A few short years ago, one party in our country 
could not take a step but the Emperor of France 
had dictated it, whilst for all its acts the motives 
of the opposite party were referred to attach- 
ment to the King of Great Britain. Shall this 
species of conflict be now revived ? Shall we 
never be allowed in our deliberations to consult 
American interests only ? Is our country to be 
forever torn into parties by impuutlons of for- 
eign feelings? I have no objection, sir, to a 
division of parties;, if sentlemen see proper — but 
let us hear no more of foreign partialities, or of 
subservience to foreif^ power. The gentiemnn 
from Louisiana conjures us up another spectre, 
the fear of Great Britain— advances to the field 
with gallant helm and hauberk, and fights until 
he beats it down. The gentieman from Massa- 
chusetts, in a different way, brings forward and 
defeats another spectre, its twin brother, if not 
the same. Both the gentlemen, the one in armor 
dight, the other in the buskin ckd, encounter tke 
same gol^n with, equal reason and with like 
success. Sir, I would not rush madly into war ; 
but I would not have fear pervade the public 
councils, where, it is said, and truly saio, that 
fear betrays like treason. We, howeveri are afraid 
of Great Britain ! and we are afraid of Bpain-^ 
and we are the foes of liberty ( In this light do 
gentlemen exhibit us to the world, whilst they 
are the ezdusive friends to liberty. It is not tm 
the side of France and England, then, it seems, 
as in old times, that parties are now to be array- 
ed ; but one on the side of CHd Spain, and the 
other on the side of the patriots. Sir, we are 
either afraid of, or devoted to Spain. Poor en- 
ftebled monarchy I If, as gentlemen contend, its 

Digitized by 





BIab0b, 1818. 

i^poHufr American Prafrincs$. 


treasary is empty, and its power diminishing, the 
iaflueoce which they anect to deprecate will 
not last long. But it will last long enoagh to do 
this — to diTide the country into factions; and 
we who, side hy side with the advocates of this 
motion, have been contending against domestic 
factions and foreign enemies, are to be denounced 
as the enemies of liberty, and they to be held up 
as its eiclusive advocates, thougn I deny them 
their title, and will contest with them the right 
to it. The President, too, is to be on our side. 
Very |food compfny, said Mr. N., and 1 have 
no objectioa to it; he has, no doubt, equally 
with us deserved to be denounced as the foe of 
liberty. Did he not toil with us in the late con- 
test ? Did he not, at the age of eighteen, long 
before many of us saw the light, wield the sword 
in his country's service ? And has not every act 
of his life, at home and abroad, proved him the 
friend of liberty and free government ? Why, 
then, said Mr. N., are he and we to be denounced 
as the enemies of liberty ? I do regret this de- 
bate, because I view it as the epoch of a division 
of the old Republican jwrty. We are to be rent 
in twain, and one moiety of it is to be arrayed 
against the other. Those with whom 1 act are, it 
appears, to contend against the old disgusting tale 
of foreign influence. Such a division, as he an- 
ticipated, Mr. N. said, was an evil not to be con- 
demned, but which every one belonsiog to the 
party must feel and deprecate. It would be to each 
one arrayed in the opposing ranks, a conflict 
a^inst a brother, against an approved and tried 
friend. In a cause where the best interests of 
the country were in jeopardy, said Mr. N., we 
have been tried together against the strongest 
foe. Yes; the brothers and friends, who have 
thus fought' side by side, are to be now divided; 
for what? Do we essentiallv difier in our avow- 
ed objects? Not at all. Are we, who cannot 
assent to this motion, opposed to the independ- 
ence of La Plata? Are we unwilling that the 
people of South America should shake off the 
yoke of Spain ? No, we are not. But this feel- 
ing which comes from abroad to divide us, is, for 
reasons not to be penetrated, to destroy that har- 
mony of which we had so fair a prospect. 

Mr. N. said that he had already stated that, if 
the provinces of La PUta were competent to 
maintain their independence, this Government 
could give them no aid of any importance to 
them; which aid, therefore, those provinces did 
not want. Could not those provinces, he asked, 
effect their independence without the interference 
of the United States? Gentlemen had informed 
the House that the population of the provinces 
was lar^^er than our own at the present day. The 
peculation of those provinces, too, gentlemen had 
told the House, was i^reater than that of the 
mother country. And if Spain is not competent 
to protect the skirt of territory she holds adjoin- 
mg our southern boundary, nor to suppress the 
opposition to her authority which has for seven 
years existed in the South ; if she be thus crip- 
pled, what difficulty can there be in maintaiaiog 
the independence of the provinces, those of La 
15th Con. Ist Ssss.— 61 

Plata for instance, which have not a single 
European soldier to contend with. Where is Ste 
necessity of our volunteering, without reason and 
without motive, to perform an act which may, 
by possibility, terminate in war with some foreign 
Power? Certainly it cannot be shown. And 
what is the particular act it is proposed that we 
should do ? Send a Minister to the Provinces of 
La Plata, it is said. Have they, asked Mr. N., 
invited you to send a Minister to them? Have 
they sent one of their own ? So far from it, have 
they not punished one of their agents who asked 
to be received as a Minister? Why, then, this 
precipitancy ? 

But, it had been said, that the President, though 
not at this moment disposed formally to recos- 
nise the independence of these provinces, mi^t 
change that disposition, and be willing, during 
the recess, to send a Minister to Buenos Ayres* 
Suppose that the fact should occur; that the 
President^ by the advice of his Cabinet, should 
change his dfisposition, on receiving information, 
from our Commissioners, such as would justify 
it. The disposition to receive their Minister and 
return the compliment, may be made known to 
the aj^nt here, and even the Minister might be 
appointed and sent without the interventton of 

Suppose we adopt this proposition, send a 
Minister to the provinces of La Plata, and make 
a treaty of commerce with them. Spain, whose 
right of blockade, with an efficient force, has not 
been denied, blockades the poets of the provinces, 
over which she still claims sovereignty, and cap- 
tures our vessels. Will the Speaker, then, con- 
sent to wait a little longer for the settlement of 
our difierences with Spam ? No : he would feel 
more indis^nation than he manifested on the oc- 
casion of uie reply of the late Secretary of State 
to the Minister of Spain. If you attempt to enter 
those pdrts by a resistance of the blockade, to 
war you must go : you can no longer negotiate, 
but must sustain your righu by force of arms. 
If you negotiate a treaty of commerce with those 
Powers, and Spain dares to interrupt your exer- 
cise of the rights established by that treaty, you 
must support, by w;ir, the position you have 

However huinble may be the importance of 
this proposition in an abstract view, the adoption 
of it must necessarily terminate in a war with 
Spain. Like the honorable gentleman from South 
Carolina, I too, said Mr. N., am indisposed to cal- 
culate on the imbecility of a nation, as inferred 
from the mismanagement of its resources. Be- 
sides, sir, how does it comport with the magna- 
nimity which becomes the advocates of liberty, 
to do an act, which they would not otherwise do. 
because Spain is not in a condition to resent it? 
Will we trample, still lower in the dust, the 
Power which, by accident, is reduced so low? 
Such a policy does not comport with that mag- 
nanimity which has distinguished the councils of 
this nation, from the commencement of this Gov- 
ernment to the present day. What, sir, was the 
charge advanced against us when we made war 

Digitized by 



S28TORY or CQ8f&B18& 



iS^RMiM Jkn&tkfOi^ ^rMtaoMr. 

BnMBi 1918 • 

wkk BaglMid 7 That we took adrtnCage of her 
akoatioD, presacd by Fniiiee and surrounded by 
gavmies. And how iodignaatly did we rebut the 
eharge! The Speaker, among others, repelled 
and spurned the charge thus made by the foes of 
the GoTemment. Abstraeted from the consider^ 
•lion 4bat we may be mistaken in our calculation 
•n ih» poverty of the resources of Spain, and 
tbtt she may rise to an eminence which we do 
ttot foresee, 1 will not, because the Spanbh Q6r- 
enment is depressed, because her treasury is ex- 
liMMfted.'do an act which I would not do to her 
in a dilrereiit sttuadouj or to any Power on earth. 
Spain has giren us just cause for war; but, if 
tmA is to be our jpolicjr, let us go directly to our 
object) and take Florida and Cuba. 

Although, said Mr. N., as I have suggested, the 
most injurious consequences might flow from the 

aption of the proposition before the House, 
er the riews which I hare taken of it, I would 
yet hesiiate in the rejection of it, if there was 
even a remote probability of ito producing good 
oolieequences. But I believe it will have no such 
dSbet ; that it will not stren^faen the hands of 
file colonies to do any act which they are not al- 
readr capable of performing. Nor can it produce 
any oeneficial change in the commercial relations 
between us and them. Have we not already a 
ftee commerce with them ? They want not men ; 
for they have even more than we. They want 
munitions and implements of war. Have they 
not, for this purpose, ample access to our markets ; 
and is not tneir flag protected within our ports 1 
They already enjoy a free commerce with us in 
alt the articles important to them; and they 
would not have any more if they had a Minister 
resilent here. Will gentlemen condescend to sub- 
stitute plain fact for lofty declamation, and show 
me what practical advantages are to accrue to 
either party, from the intercnange of Ministers? 
This is the true question at issue: and, although 
we have been delighted, amused, and instructed, 
by the eloquence, the enthusiam, and the histori- 
cal and commercial facts of the mover of the pro* 
DOsition before us; yet, after all, the honorable 
Speaker did not, in his whole argument, touch 
the point on which this question turns. If any 
mat advantage were to result to the indepen- 
denu from the adoption of the motion, I should 
be brought to pause in my determination. I put 
self out of the question ; I will not examine the 
advantages which would result to this country 
fretti an intercourse with the provinces^neither, 
if we enjoy more advantages from that commerce 
now than if they were recognised, that argument 
would not affect my vote — I will not examine 
the question as connected with our commercial 
interests; but I wish gentlemen who advocate 
this proposition to show us what advantages are 
to result to the provinces from a similar recogni- 
tion, in form, of their independence. This very 
day has information been received, which will 
destroy much of our hopes, and many of the ar- 
guments in favor of this proposition. It was but 
the other day Pueyrredon was put down, and 
some other one put up in his place; and not a 

gentleman here can tell us what is the actual 
condition of these provinces. Those who were 
free yesterday may be subjugated to-day, and fVeed 
again to-morrow. The Government has sent our 
Commissioners expresdychaiged to ascertain the 
state of the country. Why, then, this haste to 
anticipate a deliberate decision by the Constitu- 
tional organ of intercounewith foreign Powers! 
Before the next meeting of Congress, the actual 
state of things will be Fatisfattorily aseertaiocd, 
and the President will be envied, without our 
meddling or interference, to send a Minister ot 
receive one, if he shall find it expedient. But 
perhaps the Speaker will equally object to that 
delay, as he has done to waiting^a little longer for 
a settlement with Spain. I am fbr refVaining, in 
both cases until we can act in a manner conilst- 
eat with the public interest, and with our politi- 
cal duties and obligations. 

In fine, Mr. N. said, although he was disposed 
to do everything which would promote the cause 
of liberty, whether in the frozen regions of the 
North, or under the scorching influence of a tropi- 
cal son, he was at present m fkvor of standing 
still, in the {>osition we now occuny, and patiently 
waiting until we know the actun situation of ihee 
country proposed to be visited by a Minister ftom 
us ; he was in favor of Waiting, lintil the Presi- 
dent acts in such a manner as to make it neces- 
sary for this House to goad him on in the peiibr- 
mance of his duty. 

When Mr. N. had concluded, the Committee 
rose, and had leave to sit again. 

Satubuay, March 28. 

The Speaker laid before the House a letter 
fromRichard Bland Lee, Commissioner oTClaima. 
transmitting reports of the facts in the cases of 
Jacob B. Ghlberr, and Asa Fuller, of the State of 
New York, with the evidence accom{)anyiog 
each ; which was referred to the Committee of 

On motion of Mr. Rhea, the Message of the 
President of the Uoiied States, of the 18th o£ 
January, 1816, recommending the confirmation 
of certain grants or reservations of land, made by 
the friendly Creek Indians, to Major Qeaeral 
Jackson, Benjamin Hawkins, and others^ were 
referred to the Committee on Private Land 

Mr. Rhea, from the Committee on Peaaions 
and Revolutionarf Claims, reported a bill making 
provision for the claim of M. roirey,as Seoretnrfr 
and Aid-de-Camp to Major General La Fayette ; 
which was read twice, and committed to a Com* 
mittee of the Whole. 

A message from the Senate informed the Home 
that the Senate have passed bills of the following 
titles, to wit : An act for the relief of Micbnd 
Hogan; An act for the relief of John G. Bogert ; 
and, An act to increase the salaries of certain offi- 
cers of Government; in which they ask the con- 
currence of this Huuse. 

The said bills were, severally, read twice, nod 
the two former referred to the Committee of 

Digitized by 






€kt«w, n4 the litter to ifaeCcoBnicieeot Ways 
ami M6MIB. 

An engtattmd ^ RMohiiioD iiretftttt^ the priai- 
iDf and distrihitioo of the act to proride for the 
sivTiTiBi^ ofieen aod soldiers of the Rerototfoii- 
ary annjr,'' wis road tho third tinoj aid passed* 

Am Oftfroned biE, entitled **Ai act eoDOorntie 
cba Tenritorf of Alabama,'* mm road the third 
cimt, and passed* 


The fioMe again Msohred iisetf ittto a Com- 
mittee of tha Whole ob the geverai appropriation 
hill, Mr. OiAfa attieidtteiit, going to nahe an 
appopdation for the oatfit and yearns saiatf of a 
Minister to Baenos Ayres, stfti pendiof. 

Mr. Clay said that as no other gentleman ap- 
peared 4ispoeed lo address tbeC^air, he would 
avai htoMetf of this opportunity of making some 
aewarks ia re^y to the opponents of his motion. 

The first obrfeMion whien he thought it incnm- 
bent'on him to notice was that (^ his friend from 
Sooth Carolina, (Mr. LownDia,) who opposed 
the form of the proposition, as being made on a 
general appropriation bftl; on which he appeared 
» think noihinjg ought to be ingrafted which was 
lihe^to give rise to a diilbrenee between the two 
biaBchea of the Legislature. If the gentleman 
himself had always aeted on this principle, his 
objeetion would be entitled to more weight ; but, 
Mr. C. said, the item in the appropriation bill 
aestt Mloving this, aod reported by the gentle- 
man hiauelf, was infinitely more objectionable — 
whkh was an apptopriatioa of thirty thousand 
dottaes for defraying the expenses of three Com- 
missloaers, appoiatod, or proposed to be paid, in 
mm oaeonsu'tational form. It co^d not be ex- 
pected that a general appropriation bill would 
tfftr pass without some dtspotable clauses ; and 
in ease of a dtf^nmnoe between the two Houses, 

el diifceeaoe which we had no right to anticipate 
this insmnee,) whieh coild not be compro- 
mised as to any article, the obrious course was 
toomU each artiefte altcttether, reuining all the 
«thets; aid, in a ease of that character, relative 
tothe breret pay, which had occurred during the 
pie aa n t session, sueh had been the ground the 
g e attaam n -himself had uken in a eonforenee with 
2ie Seaate, of whieh he was a manager. 

The geatleaun from South Oardioa, Mr. C. 
saM) had profoMed to eooour with him in a great 
aaaay eChis general propositions; and neither 
he aer any other gentleman had disagreed with 
kia, that the mera recognition of the independ- 
etwe of the provinces was no cause of war with 
Spain; exeent the gentleman from Maryland, 
(Mr. SMira,) to whom he recommended, with- 
oaK intending disrespect to him, to confine him- 
aetf to the operations of oommerce. rather than 
Qftdertake to eaqiound questions of public law; 
for he eould assure the gentleman that, although 
he might make some figure with his practical 
kaowmffe, in the one case, he would not, in the 
ether. No man, Mr. C. said, except the gentle- 
man from Maryland, had come out with what he 
w<euld caU the hnrdihood to contend that, on the 

gfovad of principle and mere puMie law, the en* 
ertioa of the right of recognising another Power 
is cause of war. Bat, said Mr. C, thooth the 
geotlemaa from Soudi Cardioa admitted that 
the recognicioa would be no cause ef war, and 
that It was not likely to lead to a war with Bpaia, 
we found him shortly after, getting into a war 
with Spain, how. I did not see, and by soma 
means, whieh he aid not Aeign to dieeover to US| 
getting us into a war with Ba ^^d also. Rav- 
ing satisfied himself, by this course of reaaonlag, 
the geaflemaa had discovered that the ftaaaeea 
of Spain were in a most favorable condition 1 On 
this pnt of the subject, Mr. C. saicL it was net 
necessary for him to say anything Mter what tlm 
Committee had heard from the etoqueni gentle- 
man from Massaehasetts, (Mr. HoLMva^ whoee 
voice, in a period infinitely more crhicm in onr 
aflairs than the present, had beea heard within 
much ddight from the Bast, in support of t!ia 
rights nnd honor of the country. He had clearly 
sl^wn that there was no parallel between the 
state of Spain and of this country ; the one, of a 
couatry whose resources wera com{detely impov- 
erished and exhausted ; the other, of a country 
whose resources wera almost untouched. But| 
Mr. C. said, he would ask of the gentleman from 
South Caroiioa, if he could conceive that m State, 
in the condition of Spain, whose Minister of the 
Treasury admits that the people have no longer 
the means of paying new taxes ; a nation with 
an immense mass «? fioating debt, and totally 
without credit, could feel any anxiety to engage 
in war with a nation like this, whose situntion 
was, in every possible view, directly the reverse? 
He asked, if an annual revenue, equal only tolve- 
eighths of the annual expenditure, exhibited a 
fioanoial ability to enter upon a new war, when, 
too, the situation of Spain was altogether imlike 
that of the United States and Bngland, whose 
credit, resting upon a solid basis, eaahled them to 
supply, by mns, any deficit in the income? 

Norwithstanding the diversity of sentiment 
which had beea displayed during the debate, Mr. 
C. was happy to find that, with one exceptioii| 
every member had done justice to the etruggle in 
the South, and admitted it to be entitled to the 
fovor of the best feelings of the human heart* 
Bven my honorable friend near m^ (Mr. Nbl- 
aON,) has made a speech oa our side, and we 
should not have found out, if he had not told tt^ 
that he would rote against us. Although hta 
speech has been distinguished by his accustomed 
etoquence, I should be glad, Mr. C. said, to agtee 
on a cartel with the gentlemen on the other side 
of the House, to giro them his speech for hia 
vote. The gentleman says his heart is with us, 
that he ardently desires the inde|i«endence of the 
South. Will he excuse me for telling him that, 
if he will give himself up to the honest feelinfls 
of his heart, he will have a much surer guide 
than by trusting to his head, to which, however, 
I am far from offering any disparagement f 

But, sir, it seems that a division of the Repub- 
lican party is about to be made by the proposi- 
tion onder consideration. Who is to ftimish, in 

Digitized by 






S^IHMmah American Frvmncee. 

BfASos, 1818. 

tliit respect, the correct criterion — whose conduct 
is to be the sundard of orthodoiy 1 What has 
been the great principle of the part)r to which the 
gentleman from Virginia refers, from the first 
existence of the GoTernment to the present day ? 
An attachment to liberty ; a devotion to the great 
cause of hnmanity — of freedom — of self-govern* 
aent — and of equal rights. If there is to be a 
division, (as the gentleman says^ — if he is going 
to leave us, who are following tne old track— he 
may in his new connexions find a greater variety 
of company, which perhaps may indemnify him 
for the loss of his old friends. What is the great 
principle that has distinguished parties in ail 
ages and under all Governments — Democrats and 
Federalists, Whigs and Tories, Plebeians and 
Patricians? The one, distrustful of human na- 
ture, appreciates less the influence of reason and 
of good dispositions, and appeals more to physi- 
cal force; the other party, confiding in human 
nature, relies much upon moral power, and ap|>lies 
to force as an auxiliarv onljr to the operations 
of reason. All the modifications and denomina- 
tions of political parties and sects may be traced 
to this fundamental distinction. It is that which 
separated the two >great parties in this country. 
If there is to be a division in the Republican 
party, I glory that I, at least, am found among 
those who are anxious for the advancement of 
human rights and of human liberty. And the 
honorable gentleman who spoke of appealing to 
the public sentiment, will find when he does so, 
(or I am much mistaken,) that public sentiment 
IS also on the aide of public liberty and of human 

But, the gentleman from South Carolina has 
told us, continued Mr. C, that the Constitution 
has wisely confided to the Exeoutire branch of 
the Government the administration of the foreign 
concerns of the country. Has the honorable 
gentleman attempted to show, (though his prop- 
osition be generally true, and will never be con- 
troverted by me,) that we abo have not our par- 
ticipation in the administration of the foreign 
interests of the country, when we are called upon, 
in our legislative capacity, to defray the expenses 
of foreign missions, or to regulate commerce ? 
Mr. C. said he had stated, when up before, (and 
. he had listened in vain for an answer to the argu- 
ment.) that no part of the Constitution had said 
whicn should have precedence — the act making 
an appropriation for paving a Minister, or the 
act or sending one. He had then contended, and 
now repeated, that either the acts of deputing 
andof payinff a Minister should be simultaneous, 
or (if either had preference) the act of appropri- 
ating for his pay should precede the sending of 
a Minister. He challenged gentlemen to show 
him anything in the Constitution which direct- 
ed that a Minister should be sent before his pay- 
ment was provided for. He repeated what he 
had said the other day, that by sending a Minister 
abroad during the recess, to nations between 
whom and us no such relations existed as to jus- 
tify incurrinff the expense, the legislative opinion 
was forestalled or unduly biassed. He appealed 

to the practice of the Government, and re£Brreil 
to various acts of Congress, for cases of appropri- 
ations without the previous deputation of the 
asent abroad, and without the preliminary of a 
Message from the President asking for them. 
Mr. C. here quoted the act authorizing the estab- 
lishment of certain consulates in the Mediterra- 
nean, and affixing salaries thereto, in conBequence 
of which the President had subsequently ap- 
pointed Consuls, who had been receiving their 
salaries to this day. Other acts he quoted, of a 
similar character, from which it appeared, he said, 
that Congress had constantly pursued the great 
principle of the theorjr of the Constitution, for 
which he now contended ; that each department 
of the Government must act within iu own 
sphere, independently, and on its own responsi- 
bility. It was a little extraordinary, indeed, after 
the doctrine which had been maintained the 
other day, of a sweeping right in Congress to ap- 

Kropriate monev to any object, that it should now 
e contended that Congress had no right to ap- 
propriate money to a particular object. The geo- 
tleman's (Mr. Lowndes) doctrine was broad — 
every case — but, when proposed 

to be exemplified in any specific case, it did not 
apply. Mr. C. said, his theory of the Constiia- 
tion on this particular subject, was, that Congrtas 
had the right of appropriating money for foreign 
missions — the President the power to use it. 
The President having the power, he was willing 
to say to him. Here is the money (which we alone 
have a right to appropriate) which will enable 
you to carry your power into effect, if it seems 
expedient to you. Both being before him— the 
power and the means of executing it, the Presi- 
dent would judge, on his own responsibilit]r, who* 
tber or not it was expedient to exercise it. In 
this course, Mr. C. said, each department of the 
Government would act independently, withoa^ 
infiuence from, and without interference with, 
each other. He had quoted cases from the stat- 
ute book to show, that in instances where no for^ 
eign agent had been appointed, but only a pos- 
sibility of their being appointed, appropriations 
had been made for paying them. He proceeded 
to show, that, even m case of the subject-matter 
of a negotiation— a right much more important 
than that of sending an agent — an appropriaiion . 
of money had preceded the n^tiation of a treaty* 
Thus, in the third volume of the new edition of 
the laws, page 27, he quoted a case of an appre- 
priation of twenty-five thousand eight hundred 
and eighty dollars to defray the expense of soeh 
treaties as the President of the United States 
might deem proper to make with certain Indian 
tribes. An act, which had been lately referred 
to, appropriating two millions for the purchase 
of the FiorJdas, was a case still more strongly in 
point, as contemplating a treaty, not with a sav- 
age, but a civilized Power, hi this case there 
might have been (though he believed there was 
not) an Executive Message, recommending the 
appropriation ) but he took upon himself to as- 
sert, that in almost all the cases he had quoted^ 
there was no previous Executive intinution that 

Digitized by 





lliiOH, 1818. 

Spanith American Pnmnces. 

H. OF R. 

die appropriadon of the mooor was necessary to 
tbe objeot. Bat Congress had taken up the sub- 
jects, and anthorized these appropriations, with- 
out any offidal call from the Exeentire to do so. 
With regard to the general condition of the 
prorinces now in revolt against the parent coun* 
try, Mr. C. proceeded to say^e would not take 
up much of the time of the House. Qentlemen 
were, howerer. much mistaken as to many of the 
points of their nistory. geography, commerce, and 
prodoee, which had been touched upon. Gen- 
tlemen had supposed there would be from those 
countries a considerable competition of the same 
prodoets which we export. Mr. C. rentured to 
say, that, in Te|;ard to Mexico, there could be no 
such competition ; that the table lands were at 
such a distance from the seashore, and the diffi- 
culty of reaching it was so great as to make the 
transportation to La Vera Cruz too expensive to 
be borne, and the heat so intense as to destroy the 
breadsto£& as soon as they arrire. With respect 
to New Grenada, the gentleman from Maryland 
was entirely mistaken. It was the elevation of 
Mexico, principally, which enabled it to produce 
breadstuns ; but New Ghrenada, lying nearly un- 
der the line^ could not produce them. The pro- 
ductions of New Grenada for exportation were 
the precious metals, (of which, of gold particu- 
larly, a greater portion was to be found than in 
any of the provinces except Mexico,) sugar, cof- 
fee, cocoa, and some other articles of a similar 
character. Of Venezuela the principal produc- 
tions were coffee, cocoa, indif^o, and some sugar. 
Sugar was also produced m all the Guianas. 
French, Spanish, and Dutch. The interior or 
the provinces of La Plata might be productive of 
breadsm^ but they were too remote to come 
into competition with us in the West India mar- 
ket, the voyages to the United States generally 
occupying horn fifty to sixty davs, and sometimes 
as long as ninety days. By deauctin^ from that 
number the averaffe passage from the United 
States to the West Indies, the length of the usual 
passage between Buenos Ayres and the West 
Indies would be found, and would show that, in 
the supply of the West India market with bread- 
atufis, the provinces could never come seriously 
into competition with us. And, with regard to 
C^iili, productive as it might be, did the gentle- 
man from Maryland suppose that vessels were 
goin^ to double Cape Horn, and come into com- 
petiuon with us in the West Indies 1 It was im- 
poadble. But, Mr. C. said, he felt a reluctance 
at pursuing the discussion or this part of the oues- 
tion ; because he was sure these were considera- 
tions on which the House could not act, being 
entirety unworthy of the subject We might as 
well stop all our utercourse with England, with 
France, or with the Baltic, whose products are 
in many respects the same as ours, as to act on the 
present occasion under the influence of any such 
considerations. It was too selfish, too mean a prin- 
cqile, for this bodf to act on, to refuse its sym- 
pray for the patriots of the South, because some 
uttle advantage of a commercial nature might be 
retained to us from their remaining in the present 

condition— which, however, he totally denied. 
Three-fourths of the productions of the Spanish 
provinces were the precious metals, and the 
greater part of the residue not of the same char- 
acter as the staple productions of our soil. But, 
it seemed, that a pamphlet had recently been 

gnblished on thb subject, to which gentlemen 
ad referred. Now. said Mr. C, permit me to ex- 
Eress a distrust of all pamphlets of this kind, un- 
»s we know their source. It may, for aught I 
know, if not composed at the instance of the 
Spanish Minister, have been written by some 
merchant who has a privilege of trading to Lima 
under royal license; for such do exist, as I am 
informed, and some of them procured under the 
agency of a celebrated person by the name of 
Samiento, of whom, perhaps, the gentleman from 
Maryland (Mr. Smith) could give the House 
some information. To gentlemeh thus privileged 
to trade with the Spanish provinces under royal 
authority, the effect of a recognition of the inde- 
pendence of the provinces would be to deprive 
them of that monopoly. The reputed author of 
the pamphlet in question, Mr. C. said, if he un- 
derstood correctly, was one who had been, if he 
were not now, deeply engaged in the trade, and 
he would venture to say that many of his state* 
ments were incorrect. In relation to the trade 
of Mexico, Mr. C. said he happened to possess 
the Royal Ckzette of Mexico of 1804, showing 
what was the trade of that province in 1803; 
from which it appeared that, without making al- 
lowance for the trade from tne Philippine Islands 
to Acapulco, the imports into the port of Vera 
Cruz were in that year twenty-two millions in 
value, exclusive of contraband, the amount of 
which was very considerable. Among these 
articles were many which the United States 
could itipplr AS well, if not on better terms, than 
they could be supplied from any other quarter ; 
for example, brandy and spirits ; paper, iron, im- 
plements for agriculture, and the mines; waZ| 
spices, naval stores, salt fish, butter, provbions ; 
these articles amounting in the whole to one- 
seventh part of the whole import trade to Mexico* 
With r^rd to the independence of that country, 
which gentlemen seemed to think improbable, 
Mr. C. rejmced that he was able to congratulate . 
the House that we have, this morning, intelli- 
gence that Mina yet lives, and the patriot flag is 
still unfurled, and the cause infinitely more pros- 
perous than ever. This intelligence he was much 
in hopes would prove true, notwithstanding the 
particular accounts of his death ; which, there 
was so much fabrication and fklsehood in the 
Spanish practice, were not entitled to credit un- 
less corroborated by other information. Articles 
were manufactured in one province to produce 
effect on the other provinces and in this country ; 
and ne had therefore always been disposed to 
think that the details respecting the capture and 
execution of Mina were too minute to be ttnt, 
and were made up to produce an effect here. 

With regard to the general value of the trade 
of a country, Mr. C. said, it is to be determined 
by the quantum of its population, and its charae^ 

Digitized by 



HIST0E7 OP ooimRBsa 



Spmmki Jhmeriom' Pr o i tlmp im 


ItTi it* pro^MtioBi^ aid Ike tisttnf Mid olmrteter 
df tbt temiovjr; tud^ app4yiAg these orittria to 
Bpeniah Anerica^ bo natioB offered hk^ ia- 
docemeDU to commereial eaterpme. Waahed 
on the one side hj the Paeifie, on the otler hj 
the South Atlantie ; standiogi bet vacD Afittca and 
Borofe oa the o»e hand, wm Asia en the odicr, 
lyinf along side of the United Butet) her eonn 
meree most, when fnee firom the restaainte of 
despetismi be uBuaeosdy in^pevtant, pactieniartjit 
when it is reeotteeted how 2mt a jvoportien cf 
the preeiooe metals ii proMced, for that nattea 
which can command the pffecionemetalsi maf he 
said toeommandaloMst the reson? ces e£ the world. 
One moment, said Mr. C, imagine the mines of 
tiM Sooth locked an from Gicat Britain fet two 
years, what would be the effect on her paper sys* 
tem ? Bankrapicf , eiplosion^ rcTolntion. £ven 
if the supply which we get inroad of iheprecioas 
BMtalswascntofffor anylen^hof ciaae, laskif 
the eScet on our pane? system would not he, not 
pechape equally as mtal as to Bnglandj yet one 
of the fieateat calamilies which could heiali this 
cevntfy. The revenne of Spnin in Mexico alonei 
was, in 1809, tw^ty aaillioBs of dollars, and in 
the other proriicei in about tha same proportion, 
taking into ?iew their population, mdependent of 
ihe immense conttihutions annually paid to the 
deigy. When yoo look at the resouroee of the 
eountry, and the extent of ile popnlatmi} reool* 
leetiog that it is double our own ; thai its eon- 
saaoj^on of foreign at tielea, uador a free com- 
mereoi. would: he proportionally greaA; that it 
yieMs a large reiwnue under the aaost jdbominable 
syeteaB^ under which aearlv thiect*f«arths of the 
fopidation are unoted, aiad aknest aa naked as 
fiom the hands of aatnre^ bceaase absokitdy de» 
priTcdof the means of clothing themeelTe»; what 
asay not be the effect on this countrjT) onderihe 
operation of a different system whien wmrid let 
industry develope its resouraes in aU pomiUe 
forms 1 Such a neighbor eould not but be a>Ta&- 
nable acquisitien in a commercial poini of Tiew. 
Oentlemen had denied the lactof the exist- 
ence of the isidependenee of Buenoe Ayree at ae 
early a date an he bed assi|(ned to it. The ffenr 
tlemoA from Senth Ctsoltna, who wins well in- 
, formed on the sob^t, did not, Mr» C thAught, 
'eihibit his nsnal candor on this part of it» When 
the fentleman talked of the upper piorinces 
being out of the possessien of the pnltiote an late 
aa W5, he enghi to hnre gonebeek and t(M the 
House what wtas the actual state of the fact, 
with which he was sure the gentleman was very 
well acquainted. In 1811 the GoTctnment of 
Buenos Ayres had been in possession of erery 
loot of the territory of the Yiceroyalt|r. The 
wnr had been raging from 1811 to 1815 in those 
interior profinces, bordering on Lima, which had 
been ae often as three timee conquered by the 
enemy, and as often recoremd, and from which 
the enemy was naw ftnaUv ezpeUed. Was this 
at all remarkable during the progiese of snch a 
revolution 1 During the different periods of our 
war oi indepeodenoe, the British had possession 
of diftrent parte of our country ; as late as 1780, 

the whole of the Sonthem States haAbeen i 

their possession; and at an eatker date thsy 
possession of the mat NoHhem capiuls. Therai 
was, in regard to Bien^ Afrts. a diatangniahi&ir 
tmit, which did net exbt m the hietorj of our 
RevoloUon^ That was, that from 1810^ tot ibm 
present day the eapiial cf the B«pnbtic of Ln 
rhUA bad been intarinbly tn the possession ef 
the patriot GoremBMaa. GmdcmenHnsl admit 
that when, in 1814„ she captund at Mo nte vi d n ei 
an army se lacge aa Burgoyne's, cafMnntd at 6ar» 
atoga, they were then in possession of indepeni* 
enne. If they hntRc been since 18H) in tne en« 
joyment of setf-gorernaaent, it was, indeed, ao^ 
very material under what aaaw or under whiit 
form. The fkct of their independenoa ia all that 
is necessary to be estahfishedw In reply to tfan 
argument ef the gentleman from South Gar0'« 
Una, deriiwd frombie haTing been nnahln to find 
out the number of the profinee^ thia arose, from 
the circumstance that, thirty-siz yearn ago, the 
Vieeroyidty had been a CM£taiA«>GeBerMship| 
that it eBteaded then oaly to Tucuman, while of 
late and at present die Gtireinment extended tn 
the Demguedara, in about the sixteenth dcgxen 
of south latitude^ There were other reasoaa 
why there was seme confusion m the number o£ 
the proTinces, as stated bf ^fletent writrm.; 
there was, in the first place^ a territorial dtvieioft 
of the conntry^-then a jndiotal, and nextn mill" 
tary divbion, and the proyinces hnve been atatei 
at ten, thirteen, or twenty^ nceordtnr to the de* 
nomsoations ueco^ This, however^ he, with the 
i«nan from South Oarolina, regarded an n 

t of no sort of conaeqnente. 

Bir. C. said he would pass over the nport 
lately madb to the House by the DepaitmeAt of 
State, respecting the stnte of Soudi Americn, 
with only one remaric: than it npnenred to hint 
to exhibit evidence of an adroit and esf^erienficd 
dinJomatist negotiniing, or rather eonfenrintf on a^ 
subject, with n young and ineaEfmenced ilinift* 
ter^ from a yoong and inex]ierienced RepahHn. ' 
From the manner ia which this report was eemr 
municnted, after n call for information so long 
made, and after the lapse of two months from 
the laat date in the eorrespondenoe on the sidi» 
ject, Mr.^ C. declared he wan mortifted at henriaf 
the re^rt read* Why talk of the mode of m* 
cegnitmn ) Why moike ebjjeittiona to the fqpa 
of the eomaaimioni If the Minieter had net • 
formal power, why ntA tell him to vend back Ibc 
one? Why ask of him to enumerate the pm* 
ticular States whose independence he waahedao^ 
kaowledged ? Suppose the French Mininer had 
asked of Franklin whnt number of Stntes he 
represented? ThirtSMi, if you pleMe, Franklift 
would hnve replied. Bot, M. Fmnklia, will yon 
tell me if Pennsylvnnia, whose capital is innos* 
semion of the British, be one of them? What 
would Dr. Franldte have said? Mr. G. said it 
would have comported better with the frankneea 
of the American character, and of America* 
diplomacy, if the Secretary, avoiding caviki 
about the fnrm ef the commission, had said to 
the Minister of Bnenos Ayres, *'at the prescBt 

Digitized by 







nomtDt w« do not intend tm leconiM yon, or to 
veceire or send « Minister to you J' 

Bat among tlie charges whjcb gentlemen kad 
indnstiiooalf brought together, the House had 
been told of /iiedons piwrailiAg in Baenos Ayree, 
Do not factions^ Mr. C* asked, exiat everywhere ? 
Are they not to be fonnd in the best r^^lated 
and most firmly established Qovernments ? Re- 
soeetiog the Garreras. poblic information was 
arased, Mr. C. said ; they were snppoeed to hare 
had improper fiews, designs hoptiie to the exist'* 
in^ Oorernment, and ii became necessary to de- 
pure them of the power of doing misohi^* And 
what was the fact respectti^ the alie|^ arrest 
of American citizens T—Boeooe Ayres had been 
organizing an army to atiaek Chili. Carrera 
arrivea at the rirer La Plata with some North 
AmericaDs; he had before defeated tiiereveli»> 
tioQ in Chili by witkholding his co-operation ; 
the Qovernment of Baenos Ayres, therefore, said 
to bimy we do not want yoor resooroes ; oar owa 
aroay is operating; if yoa carry years there it 
may prodoce dissension, and eaose the Idss of 
liberty— -yoa shall not go. On his oppoeung thia 
courses, what was done which has called forth 
the sympathy of gentiemen 1 He and those who 
attended him from thia country were pat in eon- 
linemeBi, bat only long enough to pemut the 
operations of the Baenos Ayrean army to go on ; 
(hey were then permitted to go, or made their 
escape* to Mooterideo, and afterwards^ wheta 
they meased. With respect to the condnct of 
that GoTemment, he would only recall the at- 
tention of gentlemen to the ordera which had 
lately emanated from it for the regulation of pri;- 
▼ataera, which had displayed a 9olieitude to guard 
ai^Unat irrcgularily, aod to respect the righta of 
neutrals, net inferior to that ever shown by mtf 
OoTernnpent which had ever attempted to c^go- 
late this licentious mode of waiiiue. 

The honorable gjantlemaa from QeQi;gia had 
commenced his remarks the other day by an ani- 
madversion which, Mr. C. said, he ought well 
haTs spared, when he told as that eren the pray- 
eia of the Chaplain of thia Hooae had been of- 
fered up in benalf of the patriota. And wm it 
xaprehensible, Mr. C. asked, that an American 
chaplain, whose cheeks were farrowed by age, 
and hie head as white as snow, who had a thoo- 
sand times, daring our own Revolotioa, implored 
the smiles of Heaven on oar exertions, tikovM 
indnlge in the piona and patriotic feelioga flow- 
ing frona his recoUectioos of our own Revolu- 
tion ? Ought he to be subiect to animadversion 
for ao doing, in a place where he could not be 
heard in reply ? Crught he to be sobjeet to aai- 
madveraion ior soliciting the favor of Heaven on 
the same cause as that in which we fought the 
good fight, and conquered our independence? 
Be traated not. 

But the gentleman from Qeorgia, it af^ared, 
QQuld aae no parallel between our Revolution 
and that of the Spaniah provinces. Their revo- 
Ution, in iu commencement, did not aim at 
con^>lete independence; neither, Mr. C. said, 
did oora. Saeh was the loyalty of the Creole 

character, that, althoi^b groaning under thnaa 
h«ndred years of tyranny and oppression, they 
bad been unwilliitt to cast off their allegiance to 
that Throne, whipn had been the Throne of their 
ancestors. Bat, loc^ag forward to a redresa of 
wrongs, rather than a change of Gtovernmen^ 
they gradually, and perhaps at fint uninteatioa- 
ally, entered into revoloiien. Mr. Csaid he had it 
from those who had been actively engaged in our 
Revolution ; from that venerable man, (Chan* 
ceUor Wythe^) whose memory he shoold ever 
cherish with filial regard, that a very short tioM^ 
befbre our Declaration of Independence, it wonld 
have been impoesible to have got a majority q£ 
Congress to declare it. Look at the language of 
ear petitions of that day, carrying our loyahy ta 
the foot of the Throne, and avowing our anx*^ 
iety to remain under the Crown of oar aiicc»> 
tors ; ind^endence was then not even remotely 
suggested as our object. The presenjt stale ca 
fiicts, and not what haa passed and gone in Booth 
America, most be conaolted At the pr^mu 
moment, the patriota of the South are ^hting 
for liberty and iodependenoo-^for preciaely what 
we fooffht for. Bat their revolotioa, the gentle* 
man told the House, waa stained by seenea wfaioh 
had not occurred in oors. If so. Bdbr. C. said, ia 
waa because execrable ouiracpea had been com* 
mittedupon them by the troops of the mothjov 
country, which were not upon aa» Could it bcr 
believed, if the slaves had been let loose opoaoaj 
in the South, aa they had beea let looae in Ven^ 
iesoelai if quarters had been refosed; capital** 
tjona viokiiMl ; that Qeneral WiaHUfOTOH, at 
the head of the armiea of the United States^ 
would not have reaoriad to retribotion ? Retal* 
iation is sometimea mercy; mercy to both par- 
ties. The onlv! means by which the coward 
soul that indolgits in such eoormitiea can ha 
reached, ia to ahow to him that they will be viai* 
ited by aevere but joat retribution. There weia 
traiu in the hiatory of thia revolittion, Mr. C. 
said, which showed what deep root liberty imd 
taken ia South Aoierica* He slated an ioatanoe.^ 
The only hope of a wealthy and repittable itrnx-^ 
ily, said he, waa charged, at the head of a small 
force^ with the eare of the magazine of thearmp. 
He saw that it waa impossible to defend it. ^HQo^'* 
said be to his companions in aims, ^ I aiopeam 
sofBcieat for its aefonce.'' The aamiianta ap* 
preached ; he applied a match andihlew op tha 
magaaine, with himself, scattering death and 
desuuction oq his enemy. Mr. C. narrated ana* 
ther iastance of the intrepidity of a female of 
the patriot party. A lady m New Grenada had 
given information to the patriot forces of phms 
and instructions by which the capital nufht be 
invaded. She was put upon the rack to divalge 
her accomplices. She bore the torture with the 
greatest fortitude, and died ezclauDiog*^^" Yo^ 
shall not hear it from my mouth 5 I will die, and 
may those live who can free my country. 

But the House had been told, and told with a 
triumph worthy oi a belter cause— ^oy recognise 
this Republic ? Where is the use ol U 1 And 
was it possible, Mr. C asked, that gentlemen eoold 

Digitized by 






SptmM American Pro^meei. 

IIahoh, 181S. 

see no use ^n recognisioff this Repablie ? For 
what did the Republic fight? To be admitted 
into the family of natioDB. Tell the nattODs of 
the world, says Pueyrredon iQ bis speech, that 
we already belong to their illustrioos rank. What 
would be the powerful consequeuces of a recog- 
nition of their claim ? I ask my honorable friend 
before me, (Mr. BL00MFiELn,)the high sanction of 
whose judgment in faror of m^ proposition I 
fondly anticipate, with what anxious solicitude, 
during our Revolution, he and his glorious com- 
patriots turned their eyes to Europe, and asked 
10 be recognised. I ask him. the patriot of '76, 
how the heart rebounded with joy, on the infor- 
mation that France had recognised us! The 
moral influence of such a recognition on the 

Satriot of the South will be irresistible. He will 
erire assurance from it of his not haying fought 
in Tain. In the constitution of our natures, there 
is a point, to which adversity may pursue us, 
without perhaps any worse efiect than that of 
exciting new energy to meet it. Having reached 
that point, if no gleam of comfort breau through 
the gloom, we sink beneath the pressure, yielding 
reluctantly to our fate, and in hopeless despair 
losinff ail stimulus to exertion. And, Mr. C. 
asked, was there not reason to fear such a fate to 
the patriots of La Plata? Already enjoying in- 
dependence for eight years, their Ministers were 
yet spumed from the Courts of Europe, and re- 
jected by the Qovernment of a sister Republic. 
ConUast this conduct of ours, said Mr. C. with 
our conduct in other respects. No matter whence 
the Minister comes, be it from a despotic Power, 
we receive him ; and even now, the gentleman 
from Maryland ^r. Smith) would have us send 
a Minister to Constantinople, to beg passage 
through the Dardandelles to the Black Sea, that, 
1 suppose, we mifrht get some hemp and bread- 
8tiif» there, of which we ourselves produce none— 
he who cfin see no advantage to the country 
from opening to its commerce the nameless re- 
sources of South America, would send a Minister 
boffgittg to Constantino|>le for a little trade ! Nay, 
I have seen a project in the newspapers, and I 
should not be surprised, after what we have 
already seen, at its being carried into effect, for 
sending a Minister to the Porte. Yes. sir, from 
CoBstantinople or from the Brazils ; from Turk 
or Christian; from black or white; from the 
Dey of Algiers or the Bey of Tunis— from the 
Devil himself, if he wore a crown, we should re- 
caive a Minister. We even paid the expenses of 
the Minister of his Sublime Highness the Bey of 
Tunis, and thought ourselves highly honored by 
his visit. But, let the Minister come from a poor 
Republic, like that of La Plata, and we turn our 
back on him. No, sir, we will not receive him. 
The brilliant costumes of the Ministers of the 
Royal Governments are seen glistening in the 
circles of our drawing rooms, and their splendid 

auipages rolling through tne avenues of the 
etropolis ; bat the unaccredited Minister of the 
Republic, if he visit our President or Secretary 
of State at all, must do it incog,^ lest the eye of 
Don Onis should be offended by so unseemly a 

sight ! Mr. C. said, he hoped the gentleman from 
South Carolina, who was so capable of estimating 
the effect of moral causes, would see some use ia 
recognising the independence of La Plata. He 
appealed to the powerful effect of moral causes, 
manifested in the case of the French Revolution, 
whei^by their influence, that nation swept from 
about her the armies of the combined Powers by 
which she was environed, and rose up the colossal 
Power of Europe. There was an example of the 
effect of moral power. All the patriots asked, 
all they wanted at our hands, was to be recognised 
as, what they had been for the last eight years, 
an independent Power. 

But, it seems, said Mr. C, we dare not do this, 
lest we tread on sacred p^round ; and an honoraUe 
gentleman from Virginia (Mr. Smttq) who, 
when he has been a little longer in this House, 
will learn to respect its powers, calls it an usur- 
pation on the part of this House. Has the gen- 
tleman weighed the terms which he employed ? 
If I mistake not, the gentleman, in the debate 
respecting the power to make internal improve- 
ments, called that too an usurpation on the part 
of this House. That power, too, however, he 
admitted to belong to the Executive, and traced 
it to an imperial source, informing us that Cftsar, 
or somebody else, had exercised it. Sir, the gen- 
tleman has mistaken his position here; he is a 
military chieftain and an admirable, defender of 
Executive authority, but he has yet to learn his 
horn-book as to the powers of this branch of the 
Legislature. Usurpation, Mr. C. said, is arrogat- 
ing to yourself authority which is vested else- 
where. But what was it that he proposed, t a 
which this term had been appled % To appro- 
priate money to pay a foreign Minister his outfit* 
and a year's salary. If that be an usurpation, 
said he, we have been usurping power from the 
commencement of the Government to the present 
time. The chairman of the Committee ot Ways 
and Means has never reported an appropriation 
bill without some instance of this usurpation. 

There are three modes under our Constitution, 
in which a nation may be recognised: by the' 
Executive receiving a Minister ; secondly, by its 
sending one thither; and, thirdly, this House 
unquestionably has the right to recognise, in the 
exercise of the Constitutional power of Congress 
to regulate foreign commerce. To reeeive a 
Minister from a foreign Power is an admission 
that the party sending him is sovereign and inde- 
pendent. So the sending a Minister, as Ministers 
are never sent but to sovereign Powers, is a re- 
cognition of the independence of the Power to 
whom the Minister is sent. Now, the honorable 
ffentleman from South Carolina would have pre- 
ferred the expression of our opinion by a resolu- 
tion, independent of the appropriation bill. If 
the eentleman would vote tor it in that shape, I 
would really gratify him; all that I want to do 
is to convey to the President an expression of 
our willingness, that the Government of Buenos 
Ayres should be recognised. Whether it shall 
be done by receiving a Minister or sending one, 
ia quite immaterial. It \% urged that there might 

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Uamob, 18ia 

Spaniih Americcm Prorrinces. 


be an improprietf in seiHliog a Minister, not being 
certain, after what has passed, that he would be 
received ; bat, Mr. C^ said, that was one of the 
qnestions sabmicted to the discretion of the Ex- 
aeutiTe, which be wonld determine^ upon a view 
of all the eircmnstances, and who1>f coarse would 
|MrevioaslT hare an understanding that our Min- 
uter would be duly respected. If gentlemen de- 
aired to know what a Minister from us was to 
40f Mr. C. said he would have him congratulate 
the Republic on the establishment of free gorern- 
ment and on their liberation from the ancient 
dynasty of Spain ; assure it of the interest we 
Ml in its weuare, and of our readiness to concur 
in any arrangements which might be advanta- 

Sons to our mutuaUnterest. Have we not, asked 
r. C.^ a Minister at the Brazils, a nation lying 
alongside of the proTinces of La Flats, and con- 
sidering^ the number of slaves in it, by no means 
so formidable as the latter, and about equi-distant 
from us. In reference to the strength of the two 
Powers, that of La Plata is much the strongest, 
and the Government of Brazil, trembling under 
the apprehension of the effect of the arms of La- 
Plata, has gone farther than any other Power to 
seeoanise its independence, having entered into 
a military convention with tne Republic, by which 
each power guaranties the possession of the other. 
And we hare exchanged Ministers with the Bra- 
zils. The one, however, is a Eangdom ; the other 
a Republic ; and if any gentleman could assign 
any better reason -why a Bfinister should be sent 
to one and not to the other of these Powers, he 
riiould be glad to hear it disclosed, for he had not 
been able himself to discorer it. 

A gentleman had yesterday told the House that 
die news from Buenos Ayres was unfavorable. 
Take it all together, Mr. C. said, he believed it 
was not Bat, he said, he put but little trust in 
aoch accounts. In our Rerolution, incredulity of 
raports and newspaper stories, propagated by the 
anemy, had been so strengthened bv experience, 
that at last nothing was Mlieved which was not 
attetud by the signature of" Charles Thompson." 
Mr. C* said he was somewhat similarly situated ; 
be could not believe these reports — he wished to 
aae ''Charles ThompMm" before he gave full 
aredit to them. The vessel which had arrived at 
Baltimore, and which, by the way, by its valu- 
able cargo of specie, hides, and tallow, gave ctI- 
danca of a commerce worth pursuing — brought 
aome rumor of adifference between Artigas and the 
authorities of Buenos Ayres. With respect to the 
Baada Oriental, which was said to be occupied 
by Artigas, Mr. C. said it constituted but a rery 
aabordinate part of the territory of the United 
Provinces of La Plata; and it could be no more 
objection to recognising the nation because that 
province was not included within its power, than 
U could have been to our recognition, because 
aaveral States held out against the adoptionof the 
Conatitotion. Mr. C. repeated that before he 
attached anv confidence to a letter not signed 
"Charles Thompson," he must know who the 
■Ban is who writes it ; what are his sources of in- 
fbraiation) his character for veracity, 6oc^ and of 

all those particulars we were deprived of infer- , 
mation in the case of the recent intelligence in 
the Baltimore papers, as extracted from private 

But, said Mr. C. we are charged, on the pres- 
ent occasion, with treading on sacred ground. 
Let me suppose, what I do not beliere would be 
the case, that the President had expressed an opin- 
ion one way, and we another. At so early a pe- 
riod of our Government, because a particular in- 
dividual fills the Presidential Chair— an individ- 
ual whom I highly respect ; more perhaps than 
some of tho5e who would be considered his 
exclusive friends— is the odious doctrine to be 
preached here, that the Chief Magistrate can do 
no wrong? Is the doctrine of passire obedience 
and non-resistance — are the principles of the 
Stuarts, to be revived in this free CbTemment 7 
Is an opinion to be suppressed and scouted, be- 
cause it is in opposition to the opinion of the Pre- 
sident ? Sir, as long as I have a seat on this floor, 
I shall not hesitate to exert the independence 
which belongs to the Representatire character — 
I shall not hesitate to express my opinions, coin- 
cident or not with those of the Executive. But 
Mr. C. said that he could show that this cry had 
been raised on the present occasion without rea- 
son. He supposed a case : that the President had 
sent a Minister to Buenos Ayres, and this House 
had been called on to make an appropriation for 
his payment. He asked of gentlemen whether 
in that case they would not have voted an appro- 

f»riation ? And had not the House a right to de- 
iberate on the propriety of the doingso, as well 
before as after a Minister was sent ? Would gen- 
tlemen please to point out the difference f I con- 
tend, said Mr. C, that we are the true friends of 
the Executive; and that the title does not belong 
to those who have taken it. We wisih to extend 
his influence and give him patronage ; to girt 
him means^ as he has now the power, to sena an- 
other Minister abroad. But, aoart from this 
view of the question, as regarded the Bxec- 
uti?e power, this House, Mr. C. said, had the 
incontestable right to recognise a foreign na- 
tion, in the exercise of its power to regulate 
commerce with foreign nations. Suppose, for 
example, we pmed an act to regulate trade 
between the Unita4 States and Buenos Ayres ; 
the existence of the nation would be thereby recog- 
nised — as we could not regulate trade with a na- 
tion which does not exist. 

The gentleman from Marjriand (Mr. Shitb) 
and the gentleman from Virginia, (Mr. Smyth,) 
the great champion of Execntire power, and the 
opponent of legislatire authority, had contended 
that recognition would be cause of war. Mr. C. 
said these gentlemen were reduced to this dilem- 
ma: If it was cause of war, the BxecutiTe ought 
not to have the right to produce a war upon the 
country without consulting Congress. If it was 
no cause of war, it is an act which there was no 
danger in performing. There would be very 
little difference in principle between vesting the 
Executire with the power of declaring war, or 
I with the power of necessarily leading the conn- 

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Spanuh American Provinces. 

March, 181S* 

try into war, without consulting the authority to 
whom the power of making wafis confided. But 
Mr. C. denied that it was cause of war ; but, if it 
were, the sense of Congress ought certainly in 
some way or other to be taken on it, before that 
step was taken. He knew, he said, that some of 
the most distinguished statesmen in the country 
had taken the yiew of this subject, that the power 
to recognise the independence of any nation did 
not belong to the President ; that it was a power 
too momentous and consequential in its character 
to belong to the Executive. His own opinion, 
Mr. C. confessed, was different, belieyingthe power 
to belong to either the President or Congress, and 
that it miffht, as most convenient, be exercised by 
either. If aid was to be given, to afford which 
would be cause of war, however, Congress alone 
could give it. 

This House, then, Mr. C. said, had the power 
to act on this subject, even though the President 
bad expressed his opinion ; which he had not fur- 
ther than, as appeared by the report of the Secre* 
tary of State, to decide that, in January last, it 
would not be proper to recognise them. But, 
Mr. 0. said, the President stood pledged to recog- 
nise the Republic, if, on the return of the Com- 
missioners, whom he has deputed, they should 
make report favorable to the stability of the Gov- 
ernment. Those Commissioners sailed in De- 
cember last, and might be expected to return in 
three or four months from this time. When they 
returned, then. Congress would not be in session. 
The President thus standing pledged, said Mr. C, 
I ask if we, who are disposed to invest him with 
the means of recofi;nising that independence-— of 
redeeming his pledge — are not the true friends of 
the Executive, and whether the opponents of this 
motion do not act as thoujg;h they were not his 
friends ? Suppose the chairman of the Commit- 
tee of Foreign Kelations had reported a provision 
for an appropriation of the description which I 
nropose, said Mr. C, should we not all have voted 
for it? And could any gentleman be so pliant, 
as, OQ the mere ground of an Executive recom- 
mendation, to vote an appropriation without ex- 
ercising his own faculties on the question ; and 
yet, when there is no such suggestion, will not 
even so far act for himself as to determine whe- 
ther a Republic is so independent that we may 
fairly take the step of recognition of it? He 
hoped that no such such submission to the Exec- 
utive pleasure would characterize this House. 

One more remark, and Mr. C. said be had done. 
One gentleman had told the House that the pop- 
ulation of the Spanish provinces was eighteen 
millions; that we, with a population of two mil- 
lions only, had conquered our independence ; and 
that, if the southern provinces willed it, they must 
be free. This population, Mr. C. said, he had al- 
ready stated, consisted of distinct nations, having 
but little, if any intercourse, the largest of which 
was Mexico ; and they were so separated by im- 
mense distances that it was impossible there 
should be any co-operation between them. Be- 
sides, they have difficulties to encounter which 
we had not. They have a noblesse; they ar« 

divided into jealous castes, and a vast propoitioit 
of Indians ; to which adding the great iaflueiice 
of the clergy, and it would be seen how widely 
different the circumstances of Spanish Amerie% 
were from those under which the Revolution in 
this country wdb brought to a successful terminaf- 
tion. He had already shown how deep-rooted 
was the spirit of liberty in that country. He in* 
stanced the little island of Margarita, againat 
which the whole force of Spain had been in vaiA 
directed, containing a population of cmly 16,000 
souls ; but where every man, woman, and child, 
was a Grecian soldier in defence of freedom. 
For many years the spirit of freedom bad, been 
struggling in Venezuela, and Spain bad been un- 
able to conquer it. Morillo, in an official despatcli 
transmitted to the Minister of Marine of his owB 
country, avows that Angosturo and all Qoiaiia 
are in possession of the patriots, as well as all the 
country from which supplies could be drawn* 
According to the latest accounts, Bolivar and 
other patriot commanders were concentrating 
their forces, and were within one day's march. <S 
Morillo ; and if they did not forsake the Fabia^ 
policy, which was the true course for them, tke 
result would be, that even the weakness ot tha 
whole of the provinces of Spanish America woold 
establish its independence, and secure the enjoy* 
ment of those rights and blessings which righ^ 
fully belong to it. 

Mr. PoiNO£XTBR, of Mississi]^. claimed the 
indulgence of the Uomroittee for chat portion of 
their time which he felt it incumbent on him to 
occupy, in presenting to their coosid^ation thm 
views which he had taken of the motion aubmil- 
ted by the honorable member from Kentnofcy, 
(Mr. Clay.) Sir, said he, the liberty of the hu- 
man species, in every quarter of the globe, is a 
theme, than which none can be more dear to tha 
heart of the patriot and philaathcopial;; it wm» 
one on which he delighted to dwell} either iaUie 
tumultuous agitation of the legislaUTe hall, or iu 
the silent shades of retirement, where the auttd 
envelopes the vast scope of the universi^ and eaov^ 
templates man in the various and diveraifiad ail^ 
nations and circumstances in which he haa beeA 
placed by his Creator, for the fulfilment of the wiaa 
and inscrutable purposes of an oveiraliog Prov* 
idence. In casting his eye over the great eveoia 
of the present day, Mr. P. said, the strnggle whiei^ 
exists in Spanish America to break the fetlaea 
which have so long chained them to th« oar of 
an European despot, arrested his attention widt 
irresistible attractions, and exhibited a grand aad 
interesting scene on which he could aot look 
without the strongest solicitude for their akimato 
success — a solicitude which might semetimea 
carry him even beyond the bounds whieh pni* 
dence would prescribe, to accelerate an epoch a» 
auspicious in the history of the New WotU| aod 
so honprable to the establishment of human nghta 
on a secure and solid foundation. He yielded to 
none in his attachment to the cause of frecdoia^ 
and the honorable Speaker^ who had with ao 
much eloquence and force portrayed the eondi»^ 
tion of the Spanish colonies, and theeuflforiogs of 

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liui«9» 181S. 


opp mw A J o Wbi tM iti^ "MdciQf tbrosfh 

SM slajDglit«r their loilff lost HbertT," cwud 

BOt cmxtf hb moBttyes it» tbeir behalf fvrtbtt 
tkaflii hft did. He oad listeMd ta Umt bonernble 
gMnlieiiiaii wkh unfeigned pkttore, and appre* 
coited the lofty and magaanimoas motiree by 
which he was actuated; and it was to him a 
•iMuee of re^fret, that a seaaa of the doty which 
ha owed to hi^ coostituenta^ to himself, and to his 
Qouatry, iaipelled him to giro a Tola in c^km^ 
tiim 10 the motion on the table. He entreated 
gentieMfln to return from the waodetiogs into 
whieh they had been led by the wide and diflbse 
debate to wMeh thia subject bad gives rise^ and 
locate themselYCB an the isolated proposition oa 
whick we arc required to deliberate and decide. 
The quealioa is not whether the people, contend- 
log against the peiaer of the Spanish monarch 
fbf tiMiff emanoipatioa from the unaatural*aiid 
cmel beadaga to which ^ley have been subjected 
for ccfttnries past, are eatitled to the iadependence 
to whieh the^ aspiie ; nor wh