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Mr. WHITE'S SPEECH
IN THE
SENATE OF THE UNITED STATES,
ON THE
BILL INTERDICTING ALL INTERCOURSE
BETWEEN THE
UNITED STATES
AND
THE ISLAND OF ST. DOMINGO ;
FEBRUARY 20, 1806.
>eMR. PRESIDENT,
THE Senate have, Ibelieve, decided that this
queftion fhall be taken by the yeas and nays, otherwife I will
hereafter make to you that motion, in order to place upon the
journals my vote againft a bill, which, inftead of going to
inhibit, according to the language of the gentleman from
Ohio (Mr. Worthington), a dilgraceful commerce, will itfelf,
if paffed under prefent circumftances, as I conceive, be a difgrace to' this government. We have fincerely to regret that
the information we fought, on this occafion, and confidered
fo neceffary to the difcuflion of the fubjeét, has been denied
us; and that denial, I will confefs, was the lefs expected,
and the lefs welcome, it being well underftood that the light
we wifhed was entirely within the power of the executive to
impart, if we had only been permitted to afk for it. The
reafons that may have induced gentlemen to negative a requeft apparently fo juft, and generally granted almoft as a
matter of courfe, I prefume not to conjeéture : they had no
doubt ftrong ones, but were not fo obliging as to communicate them to us. I with not however to be underftood, as
making this a fubjeét of complaint; it would be idle to do
fo. I know. that power does ufually not only what it wills,
if we had only been permitted to afk for it. The
reafons that may have induced gentlemen to negative a requeft apparently fo juft, and generally granted almoft as a
matter of courfe, I prefume not to conjeéture : they had no
doubt ftrong ones, but were not fo obliging as to communicate them to us. I with not however to be underftood, as
making this a fubjeét of complaint; it would be idle to do
fo. I know. that power does ufually not only what it wills, --- Page 4 ---
G9
but moftly what it can; and the minority. here, on any fubjeêt, inftead of expeéting favours, may think themfelvés
well offi if permitted to retain and to exercifc the rights guaranteed to them by the conftitution of the country, and intrenched behind the rules of- the Senate. If, thereforc, on
this occafion, gentlemen.have nothing to, accufe themfelves
with, on the fcore of a wantof liberality, itis not my intention to charge them with injuftice. It will be recollcôted,
that the bill, as originally introduced on this fubjeét, by the
gentleman from Pennfylvania (Mr. Logan), was variant in
every fhape and feature: from that now before us. The firit
billiconfidered: altogether impotent, and had little or no concern asto its fate; but that now under confideration, as prefented by the committee, is of a very different complexion,
and goes the full length ofinterdi@ting all commerce between
this country and the ifland of St. Domingo. Neither in juftice nor in wifdom, fir, is it the duty or the intereft of this
government to adopt the prefent meafure. I do not, as fome
other gentlemen have profeffed, confider it a meafure of policy, nor will I call it a meafure of fear; but it ccrtainly
favours oft the moft timid prudencc I have ever feen operating
in this body, little calculated to acquire us honor abroad, or
to prolong our peace at home; andif gentlemen have really.
perfuaded themfelves, that the decilion we are aboutto make
involves mercly a queftion of policy, in my humble opinion
they moft egregioully miftake:. no fuch conftruction will be
given toit; none fuch, give me leave to fay, isit entitled to
bear: The furrender"of this commerce has never been afked'
of us, as a temporary facrifice to the convenienceand accom-, the
modation of France ; but has been demanded of us, in'
moft infulting and peremptory ftyle, as a matter of right;
and paffinig this bill, under prefent circumitances, will be an
acknowledgment of the' right in' France, to interdict us: this:
trade: it will bea direct. abandonment of all right to it on
our part, and: eftablifhing à précedent againft ourfelves, that
will be holden obligatory
us in all future cafes of the:
fame kind. : In this afpect, aroer fubjedt muft developeitfelf to
évery gentleman; as, one' of the utmoft magnitude to the
United States. If our commerce with St. Domingo was
worth nothing, Iwould equally refift the prefent meafure:it
is'the principle I object to. I object, and will forever object,
to' the folemn recognition on the part 'of this government, of
a right in foreign powers, that: may; and hereafter will beex-
cafes of the:
fame kind. : In this afpect, aroer fubjedt muft developeitfelf to
évery gentleman; as, one' of the utmoft magnitude to the
United States. If our commerce with St. Domingo was
worth nothing, Iwould equally refift the prefent meafure:it
is'the principle I object to. I object, and will forever object,
to' the folemn recognition on the part 'of this government, of
a right in foreign powers, that: may; and hereafter will beex- --- Page 5 ---
if now admitted, to the injury of the American comereifed, merce, and of the American charaéter. If gentlemen will
look fora moment about them, will attend to our pofition in
the world, and to the colonial eftablifhments of the European
nations' around us, they cannot but be convinced, that cafes
fimilar to this muft often' happen: the fooner, therefore, we
take our ground, the better ; the lefs difficulty we fhall have
hereafter; and furcly, a more fuitable opportunity than the
prefent can never be expccted to occur 5 elpecially, fir, when
we refleét upon the moft uncourtly, indignant, and domineer- inmanner France has attempted to bully and terrify us
Ling, this meafure ofthe gentleman from Pennfylvania. And
E gentleman himfelf, yefterday, unmafked the bill. In his
zeal he told us that we had already tampered too long
3 great the
that France had now demanded the meafure
on fubject; its adoption had become a matter of neceflity on
of us,and Degradingi ridea! Where then has gone our national
honor, our part. and our, boafted independence ? What was this but
: to tell, us, that fuch is now our humbled ftate, when France that
commands we have no alternative but obedience; and
even to deliberate is dangerous ? [Here Dr. Logan obferved
he did not recollect ufing the word demanded, to which another gentleman anfwered, he certainly had.] I had expected, Mr.I Prefdent, as muft have been the cafe with every other
gentleman, that the honorable mover of this meafure, (Dr.
Logan), when he fubmitted to the Senate, a propofition of
fuch infnite importance, would have affigned at leaft fome
plaulible reafons for doing fo; but we are now as much in
dark as when our attention was firft called to the fubjeet.
- the The gentlenan was indeed pleafed to refrefh our memories
by.reading to ts fomc old documents, that were prefented to
congrefs at their latt feffion, which werethen aéted but upon, for and his
would perhaps never have been thought of again,
has
kindnels and refearch: : not a fingle argument, however, for
been adduced, in fupport of the bill, that has not
more
than a year paft been lofing what little force it might originhave contained; and moft unfortunately for the mover,
the ally,
document upon which he principally relies, and to
which 47 has fo often referred us, furnifhes the ftrongeft argument againft him : I mean the Prefident's meffage to the
laft congrefs. That the Prefident fhould have thoughtit their neceffary to call the attention of congrefs to this fubjeét, at moft
laft fellion, and not at their prefent, às is the faét, fhews
year paft been lofing what little force it might originhave contained; and moft unfortunately for the mover,
the ally,
document upon which he principally relies, and to
which 47 has fo often referred us, furnifhes the ftrongeft argument againft him : I mean the Prefident's meffage to the
laft congrefs. That the Prefident fhould have thoughtit their neceffary to call the attention of congrefs to this fubjeét, at moft
laft fellion, and not at their prefent, às is the faét, fhews --- Page 6 ---
diftinétly his opinion, that whatever. reafons required at
that time congreflional interference, have fince ceafed to
exift.
I will here curforily premife, that I muft be excufed in
paffing over, without obfervation, the communications that
have been recently made on this fubjedt, by the French minifter to our government, and by Mr. Talleyrand to general
Armftrong; they are of a kind not to admit of comments,
without provoking fuch animadverfions as the rcipedt dueto
the exalted ftations thofe gentlemen fll, and to the government they reprefent, willnot permit mc to.indulge myfelf in
for a moment. One thing,however, I will fay, that whatever
influence their threats, and their inveétives mayacquire, ccrtainly their arguments are entitled to none; for they have not
condefeended to ufe a fingle one; but have taken, as granted,
thevery points in difpute, viz. That the blacks of St. Domingo are tlie flaves of the French, and now in fuch a ftate of
revolt that no nation has a right to trade with them. Tothefe
points I will prefently give fome attention, after a few obfervations on thef fubject of our Weft India commerce, generally, as conneéted with this queftion.
Itis well known, fir, that a confiderable portion of the
commerce, which of late years has fo rapidly enriched our
citizens, and advanced beyond the moft fanguine calculations
ouri national wealth, and political confequence, has confifted
in the incrcafed intercourfe with the Weft India iflands; and
this has arifen chiefly from our neutral and neighboring fituation toward thofe iflands : from the unreftrained: and enterprizing fpirit of our merchants, and from a combination of
circumftanccs that have been fuflicient toinvolve, and continue in war for a number of years, thc moft commercial
ers of Europe. So extenfive and valuable has our trade pow- becomein the Weft Indian feas, that it has excited, andis daily
increafing the jealoufies of other nations; and certainly, in
the fame gradation, at leaft, fhould increafe our difpolition to
proteét and to fofterit. But wghat, let me afk, muft be theinevitable operation of the meafure now before Us? To proftrate completcly, at a fingle blew, the moft valuable part of
it remaining, and to jeopardize the whole. Asifnot content
with the branches that have been lopped offby the Britifh,
the French, andthe Spaniards, the gentleman from Pennfylvania, will bimfelf now lay the axe to the root of the tree; ;
and this too, at a moment when our commucrce isapproaching
fterit. But wghat, let me afk, muft be theinevitable operation of the meafure now before Us? To proftrate completcly, at a fingle blew, the moft valuable part of
it remaining, and to jeopardize the whole. Asifnot content
with the branches that have been lopped offby the Britifh,
the French, andthe Spaniards, the gentleman from Pennfylvania, will bimfelf now lay the axe to the root of the tree; ;
and this too, at a moment when our commucrce isapproaching --- Page 7 ---
the moft crippled and ruinous condition ; when the principal
commercial nations of Europe, are exerting every effort fhort
of aétual war, to crufh it; when your table is loaded with
the memorials of your citizens, complaining of the injuftice
and violence to which they are fubjected, in every part of the
world, and praying the proteétion of their government; when
the Prefident of the United States is communicating to us,
meflage after meflage, upon this very fubjedt; when almoft
evcry mail that arrives, brings to us the unwelcome intelligence of fome additional outrages upon the perfons, and the
property of our countrymen; and fcarcely a wind from any
quarter of the globe but fwells the catalogue of their
grievances.
Our local fituation, Mr. Prefident, gives to us advantages
in the commerce of the Weft Indies, over all the nations of
the world; and it is not only the right and the intereft, but
it is the duty of this government, by every fair and honorable means, to protect and encourage our citizens in the exercife of thofe advantages. If, in other refpects, we purfuc a
wife policy, and remain abftraéted from the convulfions of
Europe, that for many years to come are not likely to have
much interval ; enjoying, as we fhall, all the advantages of
peace wages, peace freight, peace infurance, and the other
peace privileges of neutral traders, we muft nearly acquire
a monopoly of this commerce. We can make ufually a treble voyage, thatis, from this continent to the Weft Indies,
thence to Europe, and back to America again, in the time
that the Europcan veffels are engaged in one Weft India voyagc. This circumftance of itfelf, properly improved, at a
period perhaps not very remote, whenever others of thofe
iflands may be releafed from, or refufe longer fubmiflion to
their prefent colonial reftrictions upon commerce, will enable
us to rival even the Britifh, in tranfporting to the markets of
Europe, the very valuable produétions of the Weft Indies,
fuch as fugar, molafles, coffee, fpirits, &c. Again, fir, I ftate
nothing new, when Ifay, that the produce of this
is effential to the Welt India iflands, and the facility country with
which we can convey it to them, muft at all times enable us
to furnifh them much cheaper, than they can be furnifhed
any other people. Iti requires not indeed the fpirit of prophe- by
cy to foretell, that the time muft come, when the
convenient and commanding fituation we occupy, in every very
of vicw, relative to the moft valuable of thofe iflands, point will
ate
nothing new, when Ifay, that the produce of this
is effential to the Welt India iflands, and the facility country with
which we can convey it to them, muft at all times enable us
to furnifh them much cheaper, than they can be furnifhed
any other people. Iti requires not indeed the fpirit of prophe- by
cy to foretell, that the time muft come, when the
convenient and commanding fituation we occupy, in every very
of vicw, relative to the moft valuable of thofe iflands, point will --- Page 8 ---
placein our hands the entire control of their trade; thatiséf
we. purfue a wife and politic fyftem of meafures, in relation
to them; holding faft. upon all the great advantages nature has
given us, and promptly availing ourfelves of fuch others as
scircumitancesmay throw in our way. Asa fource of public
revenue; as a means of increafing our national capital; the im- and
though laft, not leaft, as a nurfery for our feamens is incalcuportance of. this commerce to the United States,
lable, and fhould be guarded with a jealous eye; we thould
never fuffer our rightful participation init to bc diminifhed
by others; much-lefs, havethe folly to diminith it ourfelves. and but
Thofeiflands are fituated in our vcry neighborhoed, which
for the arbitrary colonial reftrictions uponcommerce, to
thcy are now jubject, no othernation could hold a fuccefsful competition with us in their markets, unlefs fome fuch
illjudged, baleful, ,anti-commercial meafure, as has nowf fallen
to the geniusoft thcg gmtepmnhemfeuthodal to contrive,
ihould enablet them to do fo.
n
Iwillnow, fir, noticethe relative hoftile, fituations of France
and St. Domingo, and-fec how far gentlemen. are borne out
in their pofitions. That the peoplcof St. Domingo, can fub- be
confidered only as revolted flaves; or at beft, as French
jeéts now. in a ftate, of rebellion. That they are nationally
from France. That to trade with
in no refpect feparated
of
and that we. have
them is a violation of thelaws nations, underftand them,
noright to do fo. This, fo faras I could
in
forms.a fummary of the points that have been urged fupport of the prefent. meafure, and in oppolition to the trade;
each of which deterves,refpeftively, fome attention. If Iam
wrong in thefe points, the friends of the bill will pleafe now
to correét me; and I hope gentlemen will become convinced have
during the, difcullion, that the cafe, fo many of them the
ftated, of any foreign, power fuccouring and protcéling
revolted flaves of the fouthern ftates, is not the parallel of
that before us. As to the, firft point, it is to be recolleéted,
that fome years paft, to quote from high authority, 6 during
the agonizing fpaims of. infuriated man, fecking through
blood and flaughter his long loft liberties," when, our enlightened fifter republic of Francc, was, in her abundant
kindnefs, forcing liberty uponalithe world, and propagating of her
the rightsof manat the point of the bayonet, in one folemn deparoxifms of philanthropy, fhe proclaimed, by a
cree of her convention, the blellings of liberty and cquality
éted,
that fome years paft, to quote from high authority, 6 during
the agonizing fpaims of. infuriated man, fecking through
blood and flaughter his long loft liberties," when, our enlightened fifter republic of Francc, was, in her abundant
kindnefs, forcing liberty uponalithe world, and propagating of her
the rightsof manat the point of the bayonet, in one folemn deparoxifms of philanthropy, fhe proclaimed, by a
cree of her convention, the blellings of liberty and cquality --- Page 9 ---
to the blacks of St. Domingo, too; invited
ternal embrace, and to the honors of a them to the frai
The, wiftom, orthe policy, of this conventional Gting.
bifinefs to inquire into, but it
procecding, it is not my
ifa any be netellary, for the fubfequent certainly conduét affords fome excufe,
fortunate people. The decree
of thofe unthe French Weft Indies, and abolifhing foreveri lavery iti
citizenfhip and equality to every extending human all thc bleflings of
ever" grade or color, then under the
creature, of what
paffed the convention in February, government feyeriteen" of France,
hibety-four; ; the exiftence of fach a'
Ihad' hundred and
New peéted wouldhave been denied here, 'till paper, the
not ex
nual Jerfey, (Mr. Kitchel), actually did fo. In gentleman the from
regifter, of ninerysfour, is the
new anpage 347- < La Croix rofe to move following the
account ofit,
ilavery in the dominions of France. Thei entire abolition of
rofe pontancouly to decree the
national convention
motion of Danton, on the sth, propofition the
of La Croix. On
refer to the committee of public convention refolved to
cipation, inorder, that they might fafety, the decree of emanal and fafeft means of carrying. it into provide the moft.effeétithe decree itfelf, as taken from the cficét." But here is
and furnifhed to me by, a friend. 6 National gentleman's magazine,
1794, February 4th: The national convention Convention,
Favery' is abolifbed in all the French colonies. decrees, that
confequence, that àll the inhabitants of the It decrees in
of whatever color, are French citizens, and French colonies,
forward fhall enjoy thofe rights which are from this day
the declaration of rights, and by the
fecured to them by
fame principle the convention
conftitution." And this
ceiving at thetrbat,in the moft frequently recognized, by reous deputations of blacks from complinentary the
manner, varithem for the boon conferred upon them... Weft Indics, thanking
ftances, among, many. others, Iwill
One lofr thele inlegillative proceedings, to the Senate." fubmit, 6e as a curiofity in
tion. Order of the day. A band of Nationall convenamidft the found of martial mufic, and blacks' of both fexes
band of Parifians, camel into. thie hall, tofeturn efcortèd by a great
Prefident legiflature, for having, raifed them to the rank thanks to the
gave the fraternal kilsto an, old of.men., The
old,. and mother of cleven children. After negrefs, 114 years
reipectfully lide
conduéted to an armed
which, fhe was
of the Prefident, amid the loudeft chair, and feated by the
a burfts LO of applaufe."
es
band of Parifians, camel into. thie hall, tofeturn efcortèd by a great
Prefident legiflature, for having, raifed them to the rank thanks to the
gave the fraternal kilsto an, old of.men., The
old,. and mother of cleven children. After negrefs, 114 years
reipectfully lide
conduéted to an armed
which, fhe was
of the Prefident, amid the loudeft chair, and feated by the
a burfts LO of applaufe." --- Page 10 ---
By the original decrec, the liberty of the blacks was eftablifhed. This ceremony, it feems, was only to fhew their equality;
and certainly, fir, the Prefident could not have given a much
ftronger, or a much kinder evidence of it to the old lady.
But Mr. Prefident, the claim ofthofe people to freedom does
not reft here, I have in my hand, a document of much more
recent date, and even more to be relicd upon. It is the proclamation of the then firlt conful, now the emperor and king,
to the people of St. Domingo, when general Le Clerc went
there,in the winter of 1801, at the head ofthe French forccs,
which I will read. Firft,a fhort proclamation of general Le
Clerc's.
KLIBERTY. EQUALITY.
PROCLAMATION.
On board the Ocean, off the Cape, the 1sth of Pluvoife,
Ioth year of the French, Republic, (6th February,
1802).
LE CLERC,
Generalin chief of tbe army of St. Domingo, captain general of
the colony.
TO THE INHABITANTS OF ST. DOMINGO.
Inhabitants of St. Domingo! Read the proclamation
of the firft conful of the republic. It affures to the blacks
that liberty for which they have fo long fought; to commerce and to agriculture that profperity, without which
there can be no colonies. His promifes will be faithfully
fulfilled; to doubt it would be a crime.
The general in chief,
CAPTAIN GENERAL LE CLERC.
By order of the general in chief,
CAPTAIN GENERAL LENOIR.
Extract from the regifer ef the deliberations efihe confuls of the
republics Paris, the 17ib Brumaire, totb year gf the French
republic, one and indivifibles (8th November, 1801).
PROCLAMATION.
THE CONSULS OF THE REPUBLIC TO THE INHABITANTS OF
ST. DOMINGO.
Inhabitants of St. Domingo! Whatever may be your origin and your color, are all Frenchmen; ye are allfree and
all equal before deli and the republic. --- Page 11 ---
France, like St.. Domingo, has been a prey. to factions,
and torn by civil and forcign wars. : But all is changed! Every people have embraced Frenchmen, and have
to them peace and friendfhip 5 All Frenchmen have likewife fworn
embraced brothers. each other, and have fworn to' be all friends and
Come ye, alfo, and embrace
and rejoice to fee your friends and your brothers Frenchmen, of Europe. he The government fends you the captain general Le Clerc;
carrics with him great forces to' protect you againft your
enemies, and. againft the enemies of the
if it
fhould be told you thefe forcesareintended to republic. tear from
your liberty, anfwer, the republic has. given us
The you
republic will not. fuffer that.it fhould be taken from liberty. us. Rally round the captain general; he restores you abundance
and himfelf peace. Rally round him: he who fhall dare to
from the captain general, will be a traitor. feparate to his
country, and the vengeance: of the republic Thall
him as fire devours your dried canes.
ft the enemies of the
if it
fhould be told you thefe forcesareintended to republic. tear from
your liberty, anfwer, the republic has. given us
The you
republic will not. fuffer that.it fhould be taken from liberty. us. Rally round the captain general; he restores you abundance
and himfelf peace. Rally round him: he who fhall dare to
from the captain general, will be a traitor. feparate to his
country, and the vengeance: of the republic Thall
him as fire devours your dried canes. J1
devour
Giveni at Paris, in the palace of. government, the
Brumaire, roth year of the French republic:
17th
(Signed,). 10 livo BONAPARTE.,
By the firft conful,
crw ini
e (Signed,) H. B. MARET, Seeretary,
3o
A true copy,
al
le
LE CLERC, Captain general. 2 d
3 -
faid This, fir, is proof irrefiftible; after which it Can
thatthe liberation of thofc
has been neverbe
or the mere ebullition of. the heat people and
the rath'act,
lution. We have heretheir liberty convulfion of a revoproclaimed to the world, eight
folemnly recognifed and
who was then and ftill is at the years head afterwards, of the by the nian
ment; ; orr rather, who is now the
French governthefe papers to fhew that the French government have itfelf. - I-cite
either in right, in juftice, or in law, to now no claim,
people of St. Domingo, as flaves; that any portion of the
free, if the higheft authoritiesi in France could théyare individually
fo, which will furely not be
conftitute them
but a fallacious idea that has queftioned been
: and in order'to refome, that our merchants
taken up; and urged by
with laves, the property of are conducting this" commérce
themfelves : thus ingenioufly freemen, and not with freemen
tion between the fituation of endeavouring St. to draw a diftincDomingo and: that of any
--- Page 12 ---
other colony that has: ever. herctofore
iticif tronvthe. mother
attempted to feparate
to the language ofthe country; to make their's, according
a totally new umprecedented gentleman from Virginia, (Mr. Moor)
them" out: of the humane cafe, and in this manner to take
I grant, fir, their cafe does provifions form of the laws of nations. other, and in this. iti confifts--the a diftinction from any
are fighting to preferve. not: only their people of St: Domingo
community, but their liberty: as'
independence. as a
degradation from the! exalted. ftate individuals; of freemen to prevent a
condition of slaves, ftruggling
to the debafed
been forged forthem by the lawlefs againft the manacles that have
are told, howevery they lare at: deaftinot ambition free of power. We
a body: politic; butin fuchiaif ftateof
as a pcople, as
has a right to trade: with thém. rebellion that 110 nation
to underftand each other as to the. Hereit - correct becomcs necellary
port of words. G Gentlemenin
and definite imconfound expreffions ofivery different common parlance are apt to
ftrikingly the cafe: during the
meaning, as has been
word rebellion has been
prefent difcuflion: hence the
as -if fynonimous with fabmitutedfor, civil
and ufed throughout,
often the inception of civil war: butjalthough rebellion is
tion bctween thet two.
. rebellion that 110 nation
to underftand each other as to the. Hereit - correct becomcs necellary
port of words. G Gentlemenin
and definite imconfound expreffions ofivery different common parlance are apt to
ftrikingly the cafe: during the
meaning, as has been
word rebellion has been
prefent difcuflion: hence the
as -if fynonimous with fabmitutedfor, civil
and ufed throughout,
often the inception of civil war: butjalthough rebellion is
tion bctween thet two. The war, former there_is a material diftincreafonable infurreétion of certain difcontented confits in the mere unwhereas the latier is'a people) ferioufly divided individuals 5
felves, in a ftate of war, each
among theming a certain military ftand againft party the being capable of makcifely: the fituation of Françe. and St.. other; 5 and.t this is preaswillarpear by the diftinction taken in Domingo the. books at prefent,
plied to theircase. Vattel'slaw.of
when ap292. 6.. the nations, b.3, ch. 18, fcc. war betweent Cattomappropriates the members of term oficion war to every
ety.! If it be- betwecn part of oneandthe the. citizens fame political fociand the fovereign, with thofe who. continue on, in the one fide,
him; on the other; provided the malcontents baue obedience to
for taking up armi, nothing further is
atty reafon
difturbance to the name of civil suar, andr required not that to entitle of fuch
Thislatterterm is applied onlyto.fuch
rebellion.
betweent Cattomappropriates the members of term oficion war to every
ety.! If it be- betwecn part of oneandthe the. citizens fame political fociand the fovereign, with thofe who. continue on, in the one fide,
him; on the other; provided the malcontents baue obedience to
for taking up armi, nothing further is
atty reafon
difturbance to the name of civil suar, andr required not that to entitle of fuch
Thislatterterm is applied onlyto.fuch
rebellion. Iwill law.ful-authority, as is void of all appearanée ramini@nrechanagriait
fubmit with confidenceto the and, of juflics." And
ings of: this, fenate, whether the high mind honorable feelconceiving a
human
is capalle of
ftronger reafon to induce a'
arms, than to refift thofe whofe known péople to take up
object it is to réduce --- Page 13 ---
them not only to political, but toperfonal flaverys or to whe- the
ther any other circumftance could give, according efjufice to their
language of this writer, an. equal appearance
indeed,
caufe. The fection thus goes on: : < The ofi rebels fovercign, onall fuch of
never fails to beftow the refift appellation him: but when the latter have
his fubjects as openly
him effeétual
acquired fuffcient Arength to give
oppolition,
and to oblige: him to carry on the war again(t them.accord- fubmitto the
ing to the eftablifhed rules, he muft necellarily cannot be faid,
ufeof theterm civil wwar." And certainlyit fuch
that the people of St. Domingo have not with fuficient
Arengtb, when, after a war of fo many years now.aâtu- France,
we fee them not only yet independent, buthaving I
allybefieged the only French forccin their.country. definition I might have
fafcly have refted the correêtnefs the of-the. four firit lines only of
given of the term civil the avar, upon of which too, upon the prethe fame fedtion, will be bearing obvious to the mind of, every gentlefent queftion,
man. They are as follow: < Wben a partyis formed inafatts
wubo no langer obry tbe fovereign, and are pefejed nation ef fuficiont is diArengtb to oppofe bim : or when in and a republicther both fides take up arms,
videdinto two oppolite factions,
atthis is called a civil qvar." - Let us now, Mr. Prefident,
tend to the préfent ftate of St. Domingos but firft this to doc- the
circumftances that have led to it, and fee how far
that
trine will apply. Afterthe bands of the political focicty broken
had conneéted France and her. colonies togethcr were
the. old
of that country was
afunder , when
government fucceeded after
completely diffolved, and one ufurpation of another; when the day axeof
day to the places and to the vices the magic luftre, of royalty,
the guillotine had extinguifhed
likenefs of the
and even, that grace and beauty [a very fuperb beforcl himjthathad
latequeen of France washanging the gdirectlyl and idol of the nation,
reigued fo long unrivalled, pride
had to yield berfelftothe rudenefs ofa common multitude; executioner, when
and was humbled in death beforea fcofling eftablifhed the
the conftitution that had been recently.
by
voice of the nation, and under which it was- hoped they
would flourifh and be happy, had falleninto the ruthlefs fangs
of the jacobins, and the patriots who fupported it the had fcaffold; found
refuge in exile, or mingled their blood upon was at an end,
when all rightful, civil and legal authority law, the people of
d the revolutionary fabre alone gave
common multitude; executioner, when
and was humbled in death beforea fcofling eftablifhed the
the conftitution that had been recently.
by
voice of the nation, and under which it was- hoped they
would flourifh and be happy, had falleninto the ruthlefs fangs
of the jacobins, and the patriots who fupported it the had fcaffold; found
refuge in exile, or mingled their blood upon was at an end,
when all rightful, civil and legal authority law, the people of
d the revolutionary fabre alone gave --- Page 14 ---
St. Domingo, as did the people of thefe flates' under other
circumitances, declared themfelves free. and
determined to take their ftand among the nations itidependent, of the.
world, and now refufe allegiance to any' foreign
Theyt have organized a' government for
power..
de- facto the governors" of thei country, thernfelves; and in
theyare
act as an independent people, They have waged, every and relpedt
ried on with France, for many years a moft ferious cardefence of what they fay are their rights; and the war, French in
byforce ofn arms have been endeavouring to fubjugate them.
And now let me afk, if the United States, or any other:
power upon earth, is competent to decidel this great controvérfy between them ? iThey each claim to be free and independent, and therefore acknowledge 110 fupcrior: the
gle is between themfelves, and no other nation has a right ftrug- to
interiere by direét acts of hoftility, or by any commercial reAridions that can go to affeckinjuriouly either ofi the
and to do fois a departure from neutral ground, and parties, an infraction of the laws of nations, 'as :I think will be within
powerto thew from the moft inconteftible authorities. For my
this purpofe I will advertingain to Vattel. But firft let me
beg to be underftood as not mcaning to intimate an
that a colony has not a right to feparate herfelf from opinion, the
mother country, exceptin a time of fuch univerfal confufion.
On the contrary, I believe fhe' has the right whenever fhe
has the power; or what amounts nearly. to the fame thing,
whenever fhe. becomes fo far feparated as to declare herfelf
free and independent; to organize a government, to
in the: adminiftration- of. that government, and to. take proceed and
purfue meafures. of felf defence. No other nation has a
right to inveftigate the claim fhe fets up to freedom: no
other nation has a right toj judge between the parties, or to
on which fide belongs the. juftice of the cafe; it is exclu- fay
fively an affair of their own, and it behoves the ref of the
world to fland aloof, the filent andimpartial fpeétators oft the
confliét, treating in their commercial relations each of the,
partics with like civility.
1 :
Before I proceed to the 'cafes I had noted myfelf, I muft
beg' leave to tender my: ackniowledgments to the honorable
member from Maryland, on my lef(Mr.
for
he has been fo obliging as'to read to us, and Wright), which will one,
found to be dircétly in the teeth of the argument he fo tri- be
umphantlyerectat upon it. Itis in Vattel, B. 3, ch. 18,fcc.
relations each of the,
partics with like civility.
1 :
Before I proceed to the 'cafes I had noted myfelf, I muft
beg' leave to tender my: ackniowledgments to the honorable
member from Maryland, on my lef(Mr.
for
he has been fo obliging as'to read to us, and Wright), which will one,
found to be dircétly in the teeth of the argument he fo tri- be
umphantlyerectat upon it. Itis in Vattel, B. 3, ch. 18,fcc. --- Page 15 ---
296. a Foreign nations are not to interfere in the internal
government of an independent fate. It belongs not to them
to judge between the citizens whom difcord has roufed to
arms, nor between the prince and his fubjects: both
are' equally independent of their authority."
parties to
this' cafe then, the people of France and the According people of St.
Domingo, are equally independent of ourauthority, and the
gentleman adducedi it to fhew that we have no right to interfere in their quarrel. Thus far, Gr, we agree
and
from chis point diverge in precifely oppolite direétions. precifely,
the gentleman exaétly miftook the cale : the interference here Sir,
contemplated is not, as he fuppofed, a neutral's
refufing to trade with a belligcrent, fituated as are trading, the but
ofSt. Domingo, in relation to France: iti is a neutral's pcople withholding trom one of the parties, what the grants to the
giving commercial aid and afliftance to
other;
to the othcr. Iwillafk the
one, and denying it
which muft be to ftarve the gentleman, people of St. ifthis bill, the objeet of
miflion to theire enemics, is not adireét and Domingo moft ferious into inter- fubference in their quarrel? More fo, Mr.
leave tofay, than if you were to invade them Prefident, with give mc
with armies. Sir, the
flects and
that between
very objedt of this cafe is to fhew,
each
belligerents, circumftanced in relation toward
of St. other, as are now the people of France and the people
ftriéteft Domingo, neutral nations are bound to obferve the
withhold impartiality; from the notto grant a benefit to one, that they
cach, alike unreftrained. other; , butto.conduet their commerce with
ed the fame
And if. the gentleman had examinthis broad feétion a few lines further, he wouldhave found
civil war between principlelaid down : that in the event of fuch a
a prince and his citizens of the fame country, or between
ty to' aflift either fubjects, neutral nations are equally at libertions embarked in party, as if they were two independent nawar. This principle, and the
Ihave given to the gentleman's cafe, will be well conftraétion
by others, I fhall now have the honor of
fupported to the
Senate, from the fame author. B. 2, ch. 4,1 fubmitting fec. 56. When
thebands of the political fociety are broken, or at leaft fufpended, between the fovercign and his people, the contending and parties may then be confidered as two diftinét
fince they are both equally independent of all powers ;
authority, no bodyhasa a right tojudgel between them. foreign
may be in the right." B. 3, ch. 18, fec.
66 Either
295. When a
Senate, from the fame author. B. 2, ch. 4,1 fubmitting fec. 56. When
thebands of the political fociety are broken, or at leaft fufpended, between the fovercign and his people, the contending and parties may then be confidered as two diftinét
fince they are both equally independent of all powers ;
authority, no bodyhasa a right tojudgel between them. foreign
may be in the right." B. 3, ch. 18, fec.
66 Either
295. When a --- Page 16 ---
nation becomes divided into two. parties abfolutcly independent, and 1o longer acknowledging a common fuperior, ftauds the
ftate is diffolved, and the war between the two parties bcon the fame ground, in every reipeét, asa fedtion public war ofthe
twecntwo different nations." Again, fir,
293,
fame book and ch. < A civil war breaksthe, bands of fociety
and government, or at leaft fufpends their force and effect.
It produces in thenation.two independent parties, who confider each: other as enemies, and acknowledge muft neceffarily no common be
judge. Thofe two partics, conftituting, therefore, at leaft for a time,
conlidered as thenceforward diftinét focietics. Though one of
two feparate bodies, have two been to blamc, in breaking the unity of
the the ftate, parties andrefiing may
the lawful authority, they are not the
lels divided in.fack. Befides, who fhall judge them ? Who
ihall pronounce on which fide the wright or the wrong belongs? On earth they have 10 common fuperior. nations, Theyhand, auho
therefares in precifely tbe fame predicameut, as tavo
engage 17 4. contef, ands being unable to, come toan agreements highly
hawe.recourfe tz.arms." I will now, fir, cite another
approved.and more modern writer.tothe fame point. Marten's law of nations, ch, 2, fec. 10- 6 Suppolc that the interior troubles of a ftate, come to an open the rupture wholenation, between or
the fovereign and his fubjects, him andthat from the throne: or, fuppart of it, fhould wilh to drive fubjeeted to another ftate,
pofe that, a prouince or territory, and. endeavors to render itfelf inderefufes obedience to, it, thefe cafes, there are two points which
pendent : incitherof in
on the conduét that foreign
muft be feparated obferve. determining ft. The conduét to, be obferved
powers ought to
or towards the people who,
towards the old or new fovereign, declared themfelves independent.
after having revolted, have
to either party. With, re2dly. The aflitance to be given nation, not under any
fpcêt to the firft of thefe, a foreign
violate its,
obligation to interferc, do not appear to
perfect
obligations, nor to deviate from the principles of neutrality, into its
if, in adhering to the polfelhions without examining thrones
Igalits, it treats asfovereigts bim zuho is adtually onthe
and as an: independent nation, people wbo bave declared, however, aud.fill
maintain, thoafifurtndipeadease The oppolite party,
not
never fails to complain of this conduet, as long as hedocs fuch poffefhimfelf acknowledge, by
the validity viz, of The afliftfion, or independence. As AESTES to
2d point,
its
if, in adhering to the polfelhions without examining thrones
Igalits, it treats asfovereigts bim zuho is adtually onthe
and as an: independent nation, people wbo bave declared, however, aud.fill
maintain, thoafifurtndipeadease The oppolite party,
not
never fails to complain of this conduet, as long as hedocs fuch poffefhimfelf acknowledge, by
the validity viz, of The afliftfion, or independence. As AESTES to
2d point, --- Page 17 ---
ance to be given to either party; wuben once obedience bas been
formally refufed, and tbe refiuing party bas entered into the pofVelfio ofthe independence demanded, the difpute' becomes the fane
as thofe rubich bappen betrveen independent Hates.' >
Could authorities, Mr: Prefident, be more fully up' to the
cafe, or fhew more unequivocally our right; or rather thej juft
obligation upon us to obferve towards France and St. Domingo, during their prefent confliét, the ftrieteft impartiality?
For I contend, and the cafes I have cited go the full length
of proving it, that they are to be confidered, by us; in cvéry
refpeét, as two indépendent nations ; two diftinét powers at
war; and as fuch, itis our right and our duty to treat them.
The rights and the duties of neutrals, in fuch circumftances,
are fo concifely and explicitly pointed our in the volumesI
have juft referred to, that Imuft be permitted to trouble the
Senate with a few feétions on thefe fubjects likewife. Vati
tel, book 3, ch.7, fec. IIT. 66 Let us now difcufs another
cafe; that of neutral nations reforting to my'enemy's country for commercial purpofes. It is certain, that as they have
no part in my quarrel, they are under no obligations to renounce their-coinmerces for the fake of avoiding to fapply my encmy with the means of.c carrying on the war againft me. Should
they affecti to refufe felling me a fingle article, while at the
fame time, they take pains to convey an abundant fupplyto
my enemy, with an evident intention to favor him; fuch
partial conduét would exclude them from the neutrality they
enjoyed. But ifthey only continue their cuftomary
they do not thereby declare themfelvesa againft
trade,
tbey unly exercife a right wbich they are under no my intereft ;
facrificing to me,' > Same ch. fec. 118. A neutral obligatien nation of
preferves, towards both the belligerent powers, the fevéral
relations which nature has inftituted' between nations, She
ought to fhew herfelf ready to render them every oflice of
humanity reciprocally duc from one nation to another. She
ought them in every thing, not direétly relating to war, to
all the afffance in her powver, and of which
give
ftand in need. Such alliftance, howevér, muft be given they with may
impartiality; that is to fay, Poe muf not refufe any
to one
the parties, on account of bis being at: avar awith thing the atber."
1 feems indeed fuperfluous, fir, but I will here refer once
more to Marten, book 8, fcc. 8, in treating of neutral com.
merce, according to the univerfal laws of nations, he
€ One oft the moft important points to be confidered, in treat- fays:
iftance, howevér, muft be given they with may
impartiality; that is to fay, Poe muf not refufe any
to one
the parties, on account of bis being at: avar awith thing the atber."
1 feems indeed fuperfluous, fir, but I will here refer once
more to Marten, book 8, fcc. 8, in treating of neutral com.
merce, according to the univerfal laws of nations, he
€ One oft the moft important points to be confidered, in treat- fays: --- Page 18 ---
ing of the laws of neutrality, is, the commerce carried on
between neutral and belligerent nations. The right that a
nation enjoys, in timc of peacc, of felling and carrying all
forts of merchandife to every nation that choofes to trade
with it, it enjoys alfo in time of war, provided, it remains
neuter. It follows, then, that a neutral nation may permit
its fubjedts to carry all forts of merchandife, including arms
and ammunition, to the powers at war, or to that ofthem,
with which this commerce may be carried on to the greateft
advantage. So long as tbe Rates tbat is, tbe fovereign power, in
a neutral nation, does not interfere, byprobibiting commerce avitb
eitber or all thepowers at avar, fo long, it would feems tbe nation
does not tran/ere/s the laaus of neutrality." The univerfal laws
of nations, which formerly licenfed neutrals in carrying arms
and ammunition, or other articles, properly contraband, to a
belligerent, have been modified in that particular, the
be feen in fec. 12, the
%
modern laws of nations, as may
fame book and chapter.
From all thefe cafes, Mr. Prefident, I am well warranted
in the following deduétions : ift. That when the bands of
government: among a people, by means of civil war, become
broken, or fora time fufpended, the two parties are to be
confidered, at leaft during the conteft, as two diftinét powers, as two independent nations who, being otherwife unable tofettle their difputes, make a folemn appeal to arms. 2d.
That a revolted colony or province, whilft holding and exercifing
the rights of fovereignty, is to be treated by neutral nations
withoutregarding the legality or
as an independent pcople,
and
illegality of their claim to fuch independence;
3dly.
That in the difputes of fuch belligerents, neutrals have no
right to interfere, either commercially or otherwife, to with the
injury of either; butare bound to conduét themfelves
the ftriéteft impartiality towards both. And here, fir, we
arrive precifely at the point. The prefent queftion feems to
be the very focus in which the rays of light emitted from
thefe cafes naturally meet. They are too plain to require,
or even admit of elucidation. I will leave every gentleman
to apply them for himfelf. According to my underftanding attach
they have only to be read or to be heard, in order to confithemfelves immediately to the fubjeét of our prefent
deration. It clearly refults then, that we have not only the
right, but that we are bound by the laws and ufages of nations, to conduet our commerce with St. Doraingo, during --- Page 19 ---
exifing circumftances, precifely as we fhould with any inde:
pendent forcigu power that might happen to be
in
war, and that a contrary conduet, fuch as that now engaged -
would be on their part ajuft caufe of complint, and propofed, cven of
this aggreflion againft us. And I hope it will never be faid, that
of the government, French which, according to the polite conceffion
tical
minifter, sthas taken for the balis of its policareer, the moft fcrupulous equity, and the moft impartial rect violation neutrality," of will uow commit an act in open and diboth; ; and becaufe the people of St.
contrary conduet, fuch as that now engaged -
would be on their part ajuft caufe of complint, and propofed, cven of
this aggreflion againft us. And I hope it will never be faid, that
of the government, French which, according to the polite conceffion
tical
minifter, sthas taken for the balis of its policareer, the moft fcrupulous equity, and the moft impartial rect violation neutrality," of will uow commit an act in open and diboth; ; and becaufe the people of St. Domingo may at prefent be unable to, enforce
do them wrong and injuftice. right adjuftice,
The gentleman from Pennfylvania fartheft from
M:Clay)in fearch of arguments to fupport this me, (Mr
travelled back to the firft years of. the Amcrican meafure, has
There I will refort too, fir, and I truft with revoiution,
In the conduét both of France and ofl
bettcr fuccefs. we Thall find a precedent direély in England, at of that time,
ment. After thefe colonies had revolted fupport my argurity of Great Britain, France continued againft the authocommerce with them, other than fuch uninterruptedly as was
her
till the 6th of February, 1778, when fhe entered contraband, into
treaty ofamity and commerce, and another of
a
ually to become a treaty offenfive and defenfive, alliance, with eventder the ftyle and charaéter of the thirteen
us, unIn the firft article of the treaty of alliance, Frànce United States. afferts her right to navigate, and carry on commerce exprefly
the colonies, and declares, that if the Britifh
with < in
violation 4 the rights of nations, attempt to hinder fhould, that navigation and that commerce," fhe would make it a
caufe. But to prove unequivocally what was then common
nion of France On this fubjeét, will refer to one of her the opiftate papers. In the annual regifter for
own
note of the French minifter De
1778, P: 299, isthe
March 13th, 1778,
Noailles, dated London,
ment the treaty of amity communicating and
to the Britifh governtween France and thefe ftatcs, commerce of which entered into be4 Thè United States of North part
is as follows:
pafelion ef
America, who are in full
of July, 1776, independence, having as pronounced by them on the 4th
a formal convention, the propofed to the king to confolidate, by
ed between the two nations, connection the begun to be eftablifhrefpective plenipotentiaries
--- Page 20 ---
have figned a treaty of friendfhip and commerce, defigned to
ferve as a foundation for thcir mutual good correfpondence. <In making this communication to the court of London,
the kingis firmly perfuaded it will find new proofs of his
majefty's conftant and fincere difpofition for peace; and that
his Britannic majesty, animated by the fame fentiments, will
equally avoid every thing that may alter their good harmony;
and that he will particularly take effeétual meafures to prevent the commerce betaveen bis majehy's fubjeats and the United
Statesef North America from being interrupted, and to caufe all
the ufagesreccived between commercial nations to be in this
refpeét obferved, and all thofe rules which can be faid to fubfift between thet two crowns of France and Great Britain." So
that it clearly appears France then confidered herfelf as not
onlyhaving a right to trade, but publicly to enter into a commercial treaty with the revolted colonies of Great Britain,
upon the ground that they were, for the time at lcaft, holding and exercifing the rights of independence.
ef North America from being interrupted, and to caufe all
the ufagesreccived between commercial nations to be in this
refpeét obferved, and all thofe rules which can be faid to fubfift between thet two crowns of France and Great Britain." So
that it clearly appears France then confidered herfelf as not
onlyhaving a right to trade, but publicly to enter into a commercial treaty with the revolted colonies of Great Britain,
upon the ground that they were, for the time at lcaft, holding and exercifing the rights of independence. And yet we
are now toldbyt thel French minifter, thatto trade witha revolted colony of France, notorioufly in the full poffeffion and exercife of fovereign authority, is <an infraétion manifeft of
law the moft facred, and the beft obferved by every nation
under the dominion of civilization." And gentlemen will
find by referring to the juftificatory manifefto of the Britifh
government, to be feen, I think, in the annual regifter for
1779, that their adsof hoftility were notcommenced: againft
France in confequence of any commerce fhe did or might
carry on with the colonies, but upon the ground of thefe
treatics, and of Mr. De Noailles's note, which in the manifeftois called an open declaration of war, it being an overt aet
of France, acknowledging the independence of thefe ftates. The gentleman from Pennfylvania, (Mr. Logan) however,
tells us, that trading with St. Domingo, may involve us in
a war, and therefore we had better quitit. This argument,
fir, would have equal force if urged againft a peaceable man's
going out into the ftreet, left fomebody fhould knock him
down. But as another means of endangering our peace, he
has told us further, that our merchants fend arms and ammu- be
nition to St.
overt aet
of France, acknowledging the independence of thefe ftates. The gentleman from Pennfylvania, (Mr. Logan) however,
tells us, that trading with St. Domingo, may involve us in
a war, and therefore we had better quitit. This argument,
fir, would have equal force if urged againft a peaceable man's
going out into the ftreet, left fomebody fhould knock him
down. But as another means of endangering our peace, he
has told us further, that our merchants fend arms and ammu- be
nition to St. Domingo. This, indeed, if fo, Iconfefs is to
regretted, and I wilh could be prevented. Itis, however, at
their own rifk, unfanétioned by the government; they know
and muft abide the confequences. Such articles, if taken,
are liable to confifcation; and this is the courfe purfued every --- Page 21 ---
day throughout the world, under fimilar circumftances : itis
a control overt the commerce of neutrals allowed to belligerents the laws of nations, and has grown out of the necellity M the cafe. But who ever heard of a nation being
involvedin war, becaufe a private citizen or fubject, of his.
own mere will, was pleased to fell arms and ammunition to
one of the belligerents ? If the gentleman's doétrine be correct, to what point would it, or rather would it not carry us?
Whenever any two foreign powers may choofe to engagei in
war, we fhall be under the neceflity of interdiéting all commerce abroad, on the part of our citizens, left fome rafh
adventurous merchant, by vending articles contraband to
one of the parties, fhould likewifeinvolve us in the conteft.
Sir, fuch a principle, if I may ufe the expreffion, fuch a
phantom of a principle, had never before even the fhadow
of exiftence: : its palpable abfurdity will not bear the teft of
a moment's invefligation : whereas the principle I have had
the honor of ftating, in relation to contraband goods, is not
only that which governs among nations generally, and bottomed on the laws of nations, but is explicitly recognifed in
the 13th article of our treaty with France, in which, after
particularizing the articles that fhall be dcemed contraband
between the parties, itis thus exprefsly ftated: *All the above
articles, wheneverthey are deftinedt to the
of an enemy,
are hercby declared to be contraband, and are objeéts of confifcation; but the veffel in which they are laden, and the refidue of the cargo, fhall be confidered free, and not in any
manner infeéted bythe prohibited goods, whether belonging
to the fame or a different owner." If then, T r. Prefident, the
there is any faith or confidence to be repofed in treaties, of
honorable member may. quiet his fears, as to the danger
private adventures of this kind, involving the nation in a war
with France; the two powers anticipating the evil, have wifely provided, in this compaét, a milder remedy forit.
imuft here inquire, if as gentlemen contend, itis not now
lawful to carry on commerce with the people of St. Domingo,
when it may probably become fo? Suppofe, for inftance, the
French fhould continue this inefficient kind of warfare upon
them,ifeven fuch it may be confidered, for a century to come,
holding as at prefent but a fingle post in the ifland, whilftthe
natives are in full pofieffion of the fovereignty of the country,
and adminiftering a regular government ? Will it be faid under fuch circum/tances that no nation is to be allowed to
to carry on commerce with the people of St. Domingo,
when it may probably become fo? Suppofe, for inftance, the
French fhould continue this inefficient kind of warfare upon
them,ifeven fuch it may be confidered, for a century to come,
holding as at prefent but a fingle post in the ifland, whilftthe
natives are in full pofieffion of the fovereignty of the country,
and adminiftering a regular government ? Will it be faid under fuch circum/tances that no nation is to be allowed to --- Page 22 ---
trade with them for a century to come ? Or will
hold them as rebels to all eternity, and never fuffer gentlemen the reft
of the world to have intercourfe. with them P Sir, thofe people will neverbe reduced general Ferrand's war of
mations; and whilft on 1NTE fubjeet, I muft be permitted procla- to
exprefs my aitonifhment at a very extraordinary document of
this kind, that has been recently laid upon our tables, figned
by general Ferrand, and purporting to be a proclamation, or
decree of his, direéted chielly at the citizens and commerce
of the United States. It is, indeed, throughout, calculated
to infpire no other fentiment than contempt; the arrogance
and prcfumption ofits Ayle: and manner is equalled onlyt the
emptincls of its threats. General Ferrand, fhut up. in 1 city
ofSt. Domingo, with fcarcelythe power of conveying his proclamation beyond the redoubts ofhis garrifon, undertakes to
preferibe, to all the neutral nations of the earth, the extent of
their rights, and the manner in which they fhall conduéttheir
cemmerce; and exprefies truly, great furprife that bis former
decree on the fubject had not been, betterattended: tol them;
in which, as he fays be had *left no doubt as to M fentiments of refpedt due to the freedom of navigation and neutral rights." Asif the navigation, the.commerce, and all the
rights of neutral nations depended now, upon the caprice of
a French officer, and were, like the police of a camp, to be
fettled by general orders. And this fame captain general, as
he cails himfelf, pro tempore, befieged by a parcel of unarmed, undifciplined, half ftarved negroes, without the means
of making even a fortie upon them, talks ofithe ccimpudence"
of our public officers, and.threatens with the vengeance of
his mighty arm, all the people of the United States that go
contrary to his orders. Sir, Ican liken this proclamation to
nothing but the idle vapourings of a fettered maniac, menacing, from the grates ofhis ccll, the overthrow of the world.
If the Pope had iffued a bull of excommunication againft the
whole of us, it could not have been half fo ridiculous as
this proclamation, upon which the gentleman from Maryland, on my left, (Mr. Wright) has inadvertently refted
as one ofthe ftrong holds of his argument; telling us, to ufe
his own words, that it was a requifition too imperious to be
refifted. Then, fir, fuch is the ground we now occupy.among
nations, that the mandate of a French officer, befieged in the
Weft-Indies bya rabble of flarving negroes, is' a requifition
too imperious for us to refift. Were I of opinion with that
from Maryland, on my left, (Mr. Wright) has inadvertently refted
as one ofthe ftrong holds of his argument; telling us, to ufe
his own words, that it was a requifition too imperious to be
refifted. Then, fir, fuch is the ground we now occupy.among
nations, that the mandate of a French officer, befieged in the
Weft-Indies bya rabble of flarving negroes, is' a requifition
too imperious for us to refift. Were I of opinion with that --- Page 23 ---
honorable membér, Ifhould at once be for foliciting the
tection of thofe blacks, and praying of them, in Heaven's proname, to keep where he is, this mighty warrior, this terror
of ourl land; but thinking asIdo, fr,
manner
of this decree is oneof the reafons why theimperious I would not only.refiftitif neceffary, but treati it with the moft marked and fovereign contempt. General Ferrand might have been ferious in writing fuch a proclamation, or decree, expedingit to
havefome operation upont the feelings and the fears of
rant blacks of St. Domingo, but he certainly, even ftheignocould never have been crazy enough, for a moment himfelf, to
pofe, that any citizen of the United States, arrived fupyears of maturity, or rather ofdiferetion, would be feriousin at
reading it, or that the government of this
would
give it a moment's ferious confideration.
country
As a fample, Mr. Prefident, of what this
foldier would do, it may not be amifs, whilft proclamation his
before us, to examine a few of its moft prominent decree is
By the firft article, all neutral veffels,
featurcs.
fufpected to be bound to, or coming from, bound, what or he plaufibly calls
rebel ports, are liableto detenticn; that, in the Weft the
means condemnation. Byt the 8th articlc, the officers, Indies,
gersa and crews of fuch veffels are direéted to be
as paflenasip pollible, prijfoners to the city of St. Domingo, fent, to be foon
cuteda according to tbe rigorofthe laws. And by the 13th prof articlc,a privateer taking one of your veffels
in
fellion of the blacks, is exempted from fromany all duties port pofprize. Here, indecd,it would feem, as if general upon his
the vauntings of his omnipotency, had
Ferrand, for
in
the laws of nature and of nations, the Sufpended, facred
a time,
treaties, and even the principles of right and obligations of
tofcttle this great qucition, uninfluenced juftice, in order
barrafling regulations. He has threatened by any of their emwiththe ban ofthc empire: he has condemned your your citizens
before it leaves your ports; and, as ift the
commerce
of pirates, has proclaimed a reward to acknowledged all fuch of them prince
will plunder you. Among the many very
as
of this mollextraordinary document, that extraordinary is not
parts
in which reference is made to the treaty between the France leaft fo,
the United States : a garbled quotation is given of the and
article, and then a cafe is made to fuit it.
26th
s Veffels armed under the American
Weare told, that
fail in concert with.veffels of the
flag, daily convoy and
negroes, bearing a flag un-
pirates, has proclaimed a reward to acknowledged all fuch of them prince
will plunder you. Among the many very
as
of this mollextraordinary document, that extraordinary is not
parts
in which reference is made to the treaty between the France leaft fo,
the United States : a garbled quotation is given of the and
article, and then a cafe is made to fuit it.
26th
s Veffels armed under the American
Weare told, that
fail in concert with.veffels of the
flag, daily convoy and
negroes, bearing a flag un- --- Page 24 ---
known amongft the civilized powers, and confequently pirates.". This, I confefs, is a circumftance I had never heard
ofbefore, and to my mind almoft incredible, that the citizens
of the United States fhould be fo blind to their intereft, as to
become the mere proteétors and encouragers of others, in
carrying on a commerce, that they could carry on themfelves
to fo much greater advantage, elpecially, when the rifk to
them is precifely the fame; and that thofe negroes fhould
hazard their veffels, their liberties, and their lives, in tranfacting a bufinefs that neutrals are every hour willing, ready, the
and waiting to tranfaét for them. But even admitting
fact; admitting for argument fake, that certain negroes ofthe
Weltl Indies may have aéted as pirates, and that fome veffel or
veffels of this country, may have afforded them proteétion upon the high feas. Is.t this any
upon which to inhibit Dothe whole commerce between Sotile United States and St.
mingo? Wouldany citizen or citizens of the United States,
becoming pirates upon the coaft of England, or trading, com- 8th
bining, or confederating with pirates there, which by the
ftatute of George the firft, is made the fame thing, be any
juftification, on the part of that government, to interdictall
intercourfe with this country? No man in his fenfes can believe or fay fo. It could not, fir, however, have efcaped the
attention of the Senate, that this cirçumftance, fo much relied upon by general Ferrand, has never been even hinted at,
either by the French minifter, or by Mr. Talleyrand, in their
recent communications on this fubjedt to our government:
and it would be palling ftrange, indecd, if Mr. T'alleyrand,
of all other menin the world, fhould pafs over unnoticed, caufes an
occurrence of this kind, if true, when for the want of
of complaint, he had to make a dinner, and the toaftsof fome
private company int the city of New York, the fubjeet of one
of them. Ana affair with which, Mr. Talleyrand knows could well,
that this government, or any other free government, that
have nothing more to do, than they had with a complaint for
was made by Mr. Adet, againft our almanac makers, minifter beplacing in theiralmanacs, the name of the Britith
fore his. But gentlemen will find, by attending to the 26th with
article of the treaty, that it has little or no connexion
the prefent queftion; ; fcarcely more relation to it than any
text in the apocrypha, but was introduced merely for the
punifhment of thofe who fhould <reccive, proteét, harbor,
conceal, or affift, any pirates within the ports, havens OF
, againft our almanac makers, minifter beplacing in theiralmanacs, the name of the Britith
fore his. But gentlemen will find, by attending to the 26th with
article of the treaty, that it has little or no connexion
the prefent queftion; ; fcarcely more relation to it than any
text in the apocrypha, but was introduced merely for the
punifhment of thofe who fhould <reccive, proteét, harbor,
conceal, or affift, any pirates within the ports, havens OF --- Page 25 ---
towns," of either of the countries, refpeétively. It is not,
fir, the 26th, but the 12th article of the treaty, that bears
of which I muft
leave
upon our prefent Article fubjeet, 12th. part clt fhall be lawful for ME citinow to of read. either country to fail with their Chips and merchanzens dife (contraband goodsalways excepted) from any port whatever, to any port of the enemy of the other, and to fail and
trade with their fhips and merchandife, with perfedt of fecurity thofe
and liberty, from the countries, ports and places
who are enemies of both, or of either party, without any
pofition or difturbance whatfoever, and to pafs not only, %
reétly from the places and ports of the enemy, aforementioned, to neutral ports and plices, but alfo from one place belonging to an enemy, to another place belonging to an enemy,
whether they be under the jurifdiction of the fame power, or
under feveral; unlefs fuch ports or places fhall be adtually
blockaded, beficged, or invefted." Here, fir, is given to us
explicitly the right, asa neutral nation, of trading with all the
enemies ofFrance, and it certainly will not be denied, that
the people of St. Domingo are fuch, and not only of trading
direétly from this country to theirs, but from any one of their
ports to any other. If this be not the plain meaning of the
article I have read, there is no meaning in words : a treatyis
a mere chart blanch, into which every fpeculative politician
may foift his crude opinions. Our right then, fir, to this commèrce, does not depend merely upon the laws of nations, but
upon the folemn obligations of this inftrument, that no fophiftry can evade, nor obfcure with the fhadow of a doubt.
I hold, therefore, this trade to be lawful; that we have a
right to carry it on 5 and if, in doing fo, we are annoyed
and robbed by pirates, we have another right, that of arming in order to keep fuch people off. What do we arm for,
fr? Is it to fight the French ? to infult the flag? to diftrefs the commerce ? or to difturb the quietand repole of any
nation ? No fir: our conduét in this refpeêt is fanétioned
by the firft law of nature. Itis upon the fame principle
that a private citizen would prepare himfelf againft the
attacks of a
robber, or a midnight
SRE
prehended
high-way
îin. Itis to defend our property and our lives againft the
rapacity and violence of a horde of pirates, who are notorioufly armed every hour to affault them, and whofe conduét
no nation will avow, punifh or atone for.
nation ? No fir: our conduét in this refpeêt is fanétioned
by the firft law of nature. Itis upon the fame principle
that a private citizen would prepare himfelf againft the
attacks of a
robber, or a midnight
SRE
prehended
high-way
îin. Itis to defend our property and our lives againft the
rapacity and violence of a horde of pirates, who are notorioufly armed every hour to affault them, and whofe conduét
no nation will avow, punifh or atone for. --- Page 26 ---
We have been exultingly told by Mri Talleyrand, and ithas been echoed from this chamber by the gentleman from
New York, (Mr. Mitchell) that even the Britilh confider St.
Domingo a colony of France, and upon this principle- condemn our veffels for trading there. 1 grant that fuch a pretext, among many others, has been reforted to in order to
deftroy our commerce; ; I grant thati fuch an infringement of
our neutral rights has been committed, and the reafons that,
have induced it muft be obvious to the molt fuperficial obferver. The Britifh wifh a monopoly of this commerce
themfelves; and thofe fame Englifhuen who now condemn.
our veffels for trading to St. Domingo, upon the ground of
its being a French colony, heretofore, when it fuited their
pupofes, fo far acknowledged the independence of thofe very
pcoplc as to enterinto a commercial treaty with them, and
arc now, not only in the conftant practice of trading there
themfelves, but of granting licenfesto others to do fo. I
hope, however, the day hasnot come when our commerce is
to be underthe controul of the lords of the admiralty, or our
national rights dependent upon the judicial opinions of fr
William Scott; and the learned gentleman from New York
muft indeed have been prefled with the barrennefs of his.
cafe, when he had to refort to fuch an argument, derived'
from fuch a fource. The gentleman from New jerfey, (Mr.
Kitchell) I muft in candor fay, has, in fupport of the prefent meafure, affumed premifes totally new and different t;
his reafons, like moft of thofe we have been accuftomed lately
to hear, were in the true ftyle of modern legiflation, enveloped in all the mylteries of fecrecy. He telis us that we'
had better give up this commerce, becaufe it is not valuable..
Where the gentleman obtained this piece of information is
utterly beyond the comprehenfion of my underftanding:
none fuch, certainly, has ever been laid before us; nor fuf- did.
he condefcend to give us a clue to its fource; but as if of
ficient, to urge it upon our faith with all the confidence
apoftolic-infpiration : to us who doubted herefufed even an
opportunity of acquiring knowledgethrough any other channel; voted againft the propofitions of my friend and colleague, which went to aik of the executive the aétual ftate
of this commerce, and to afcertain its real- value. To do
ftriet juftice to the gentleman's argument, it is fimply this,
to demnnd of
that whenever
forcign power however may pleafe and honeft it may
us the furrender 2OY a right,
juit
oftolic-infpiration : to us who doubted herefufed even an
opportunity of acquiring knowledgethrough any other channel; voted againft the propofitions of my friend and colleague, which went to aik of the executive the aétual ftate
of this commerce, and to afcertain its real- value. To do
ftriet juftice to the gentleman's argument, it is fimply this,
to demnnd of
that whenever
forcign power however may pleafe and honeft it may
us the furrender 2OY a right,
juit --- Page 27 ---
bc; however it, may comport with the dignity of the
vernment to preferve it; if, ina pecuniary point of views goif upon a cool peddling calculation of rifk, profit and lofs,
it cannot be deemed of high value, weareat once to giveit
up. This argument, I will confefs, fir, is worthy of the
bill. So. friking, and of fuch a kind is their affinity, that
they feem peculiarly calculated to expofe.each other, and to
excite in every mind valuing the honor, the dignity and the
character of the nation, like fentiments of difgult. The
cafe cited by thc gentleman from Pennfylvania (Mr. MClay)
of the Indians, Ithinki in 1755, undertheavowed
direction and fupport of the French government, authority,
our frontiers, furcly can haveno relation to the queftion ravaging before us. Has this government tever furnifhed arms and ammunition, or done any other act in order to aflift and encourage the people of St. Domingo in attacking the countries
of their neighbors? I cannot conceive what fubject, that
might have been beforc congrefs during our prefent fellion,
the gentleman muft have hadi in his mind, to which he fuppofed this cafc could apply; 5 certainly not the prefent; itis
infinitely morc diftant in point of analogy than of date. 4
have been exerting imagination to difeern any objeét or
bearing it can have, mei I might endeavor to mectit, but the
totalimpoflibility of thc one, will fave me the trouble of the
other.
A few words now, Mr. Prefident, as to the impolicy of
adopting have
the prefent mcafure. I fear and believe it will
fo much a tendency to increafe one of the great evils at prefent
complained of by our merchants; the number of
pirates and frecbooters in the West Indian feas. It will have
the further effeét, of throwing into the hands of other nations, efpecially the Britifh, a valuable commerce at
conducted by our own citizens. But there is another prefent far
more ferious confequence which, in all human
may refult from it, and to which I beg leaveto call probability, the
tion of the gentlemen from our fouthern country. With atten- the
people of St. Domingo we are now at
of our commerce to them, and their immediate peace: the advantages
upon us for the neceffaries of life, form the dependence
rity we could poffibly afk, or have, that no act ftrongeft of fecuwill be attempted, on their part, toward
whilft hoftility
tinue to treat them as heretofore; but us,
we conrafs your commerçe with them;
onlyreftriét or embaronly pafs a meafure like the
. With atten- the
people of St. Domingo we are now at
of our commerce to them, and their immediate peace: the advantages
upon us for the neceffaries of life, form the dependence
rity we could poffibly afk, or have, that no act ftrongeft of fecuwill be attempted, on their part, toward
whilft hoftility
tinue to treat them as heretofore; but us,
we conrafs your commerçe with them;
onlyreftriét or embaronly pafs a meafure like the --- Page 28 ---
prefent, and you wound them in the tendereft part: they
will fee you, without provocation, aiming a blow at their
very vitals; and will confider you as having abandoned your
neutral ground, and sided with their enemies. What will be
the confequence? Does any gentleman fuppofethat nearly a
million of people will patiently ftarve when the feas around
them ate covered with our defencelefs merchantmen, laden
with provifions? No, fir, impoflible!! In addition; then, to
the renegados that at prefent prey upon you there, you immediately bring upon your trade a whole nation of pirates.
Thofe people are now content to ftay at home, to till their
own fields, to fight their own battles, and to depend
I do not wilh to fee their views extend
for
us ther. for Ido fupplies. not wifh to fee them navigating the ocean, ort tafting the fweets of maritime plunder: fuch things are much
ealier learned than forgotten; much more readily reforted to
than given up; and I confider the general commerce and
profperity of the United States, but more efpecially the delicate fituation of our fouthern country, viewing its particular
defcription of population, and convenience to them, as impofing upon us the ftrongeft obligations to offer them no inducements to refort to cither. Whatever intercourfe takes will
D
place between us, I-with to be in their own ports, and
never do an act that Thall have a tendency to bring to our I
fhores fuch vifitors, either as friends, or as enemies; and
belicve this is the true courfe to avoid the calamity which
fome gentlemen feem fo much to apprehend, and which I
fhould deprecate as fincerely as any man, in his late mefIrejoice that the prefident has expreffed,
fage, a difpofition to take into the proteétion of the government, the commerce of the United States, though little has
yet been done, or attempted. This projedt of the gentleman
from Pennfylvania I hope forms no part of the new fyftem,
and he would have aéted wifely, before he fubmitted it, to
have examined better its confcquences, and to have looked,
for a' moment, at the prefent condition of our commerce. fea:
What is it? Plundered upon every coaft, and in every, feems
your flag, inftead of being a protection againft infult, theFrench,
to have become an invitation toojury-thebniih, forcc, treat uS with
and the Spaniards; in theratio of their
likeindignities: this is the only point in which they can agree.
The former have adopted, and openly avow a fyftem of meafures that, if not counteraéted, muft go to deprive us ofthe
condition of our commerce. fea:
What is it? Plundered upon every coaft, and in every, feems
your flag, inftead of being a protection againft infult, theFrench,
to have become an invitation toojury-thebniih, forcc, treat uS with
and the Spaniards; in theratio of their
likeindignities: this is the only point in which they can agree.
The former have adopted, and openly avow a fyftem of meafures that, if not counteraéted, muft go to deprive us ofthe --- Page 29 ---
moft important of our neutral rights; whilft the two latter
are anxioufly rivalling each other in the moft lawlefs and piratical depredations upon our defencelefs trade; even the
commiflioned veffels of our government have not been fuffered
topafst thc high feas without infult and violence. The Britifh
and the French, whenever it fuits their views, blockade
our very ports : the Britifhtake their pofition off NewYork,
fo as to be convenient to the courts of Halifax; and our
friends, the French, to whom the gentleman from Pennfylvania has told us we fhould be fo particularly civil, take, OCcafionally, into their holy keeping, the commerce of Charlefton and NewOrleans, fo astol be at a convenient diftance from
the Britifh.. Our trade with St. Domingo, indeed, theFrench
have not been able to ftop, nor have even the Britifh yet affumed to themfelves this maritime right; but the gentleman
from Pennfylvania, in his great good faith, and abundant
charity, will nowianticipate their wifhes, and do it for them.
This, indeed, furpafies even chriftian meeknefs; it.is not
only, when fmitten upon one cheek, turning the other alfo,
but chaftening ourfelves, with more than monkifh feverity,
in thc moft vulnerable part. --- Page 30 ---
C8ol
') Sa8s
1L --- Page 31 ---
% --- Page 32 ---
*