Tar and Pitch Britain used formerly
» derive her supply <.»f these articles alio 1
Irom the Baltic, principally from Sweden,
aud the fame might be done hereafter.
Indigo : T.iis can be had from the East-
Indies, from all parts of the Well-Indies,
including the colonies of the Spaniards,
Portuguese and Dutch on this continent :
Great quantities of it, and of good qua
lity, are produced in. St. Domingo and
Guatimala. Tobacco : This article is
raised in the Ukraine and other Touthern
parts of Europe ; in the Fioridas, parts
of South America, and in the Weft-In
< dia lflands. It was true the tobacco of
this country was fitter for certain purpo
ses than that of other countries; these
particular kinds might find their 'way to a
market, otherwise fiifficiently supplied,
or even having a surplus. tUcc was form
erly carried to Great Britaiji in great
quantities from the levant and the EaR-
Indies ; fume is raised in Spain and Italy ;
All the Spanilh and Portuguese Colonies
are fitted for it : A considerable quantity,
is raised in the Brazils. Pot and Pearl
_AJh : Less than thirty years ago Great
Britain was supplied with this article froih
other countries, viz. Russia, Germany,
Sweden, Denmark, and Spain. The
Barbilla of Spain is said to be a substitUte
for it.
The gentleman, as well as other#, had
mentioned the baneful effects of the credit
given by the Britlfh merchants. Credit,
like other good things, was liable to abuse.
Dr. Franklin who well knew the circum
stances of this country, bequeathed a
part of his estate to be loaned out to
yoUiig tradesmen and mechanics; he
thought well of credit, and his teltimony
of its utility ought to remove some of
the prejudices against it. If credit had
produced pernicious effe&s in Virginia,
as the member from that state had repre
sented, it was certain that it had produced
wrioTefome effe&s in other Hates : Why
the fame cause should produce such dif
ferent' effe&s in different parts, he ftiould
not inquire.
As to its supposed influence on the bor
rowers, in creating an undue dependance,
that remark had been well answered alrea
dy : In truth the borrower was, under
certain circumstances, move apt to become
the enemy, thao. the dependant of the
lender.
An appreberrfion had been entertained
by the gentleman, that the existing com
mercial connexion with Britain would pro
mote monarchical principles in this coun
try, and yet the profeffed object of the
resolutions was to compel Great Britain
to enter into a commercial treaty with us,
and thereby strengthen and extend the
commercial ties which already existed :
The resolutions were, moreover, design
ed to induce the emigration to this coun
try of thousands of British manufacturers
who would naturally bring their monar
chical principles along with them. But if
a commercial intercourse with the domi
nions of a monarch were pregnant with
such evils, we ought to abandon our trade
with Spain, Portugal and Rufiia, as well
as Britain, and confine it to the Swiss
Cantons and other Republics. Such ap
prehenftons, however, he could not but
consider as a poor compliment to the dis
positions and character of the American
people. . They were too much attached
to Republican government and to their li
berties to be exposed to the danger of lo
sing eithe- the one or the other by their
intercouffe with any foreign nation what-
ever.
After some further remarks Mr. Smith
concluded with faying, much apology is
due to the committee for having so great
ly ab'jfed their patience ; but when I con
sider that the proposed measures, unlike
common legislative a&s which can be re
pealed at pkafure, when found injurious,
mul be deemed the corner done of a new
commercial Conjlitutwn which being once laid
vee must at all hazards build upon or be
disgraced, 1 am prompted by the ftiongeft
ii)jui:tlioi!S of duty to fuggell every consi
deration which may induce the committee
to ponder seriously before they adopt
them. My opposition is stimulated by a
further consideration : Refpefling a dif
trid which includes an important commer
cial city and a territory producing a 11a
ple valuable and bulky, many of whose
proprietors have not yet emerged from the.
debts incurred by a ravaging war, and
whose welfare depends on a ready vent for
their productions as well as a cheap supply
of the indifpenlible articles of foreign ma
nufacture, I feel a weighty refponlibilfty I
on my mind on this occasion and a peculi
ar solicitude to protect them againfl th,ofe
tmbarraficnents and diftrefies which appear
to my judgment in ft parable from the pro
portions, and which will operate againfl;
my conftitueuts like a two-edged l'word,
by obftru&ing the export of their produce
a nd rendering more UMattainable their ne
cessary fuppties.
In Committee of the whole on Mr.
Gay tea's Refolulians.
(continved.)
Friday, Marc i 27.
Mr. Dayton firll rose in support of his
proportions. When he brought them
forward he did not accompany them with
many observations, because he was then
laboring under iudifpofition. The fame
cause Would render him very concise now.
The injuries and insults we have iufter
ed from Great Britain, he conceived, need
not be dwelt upon—they are well known
and it is universally acknowledged, that
we ought to adopt such measures as
would icreen us from a repetition t>f them
and secure to us reparation. The resolu
tions he had brought forward he intended
as part of that fyflem of defence and pre
servation, other portions of which had
already received the fan&ion of the house.
These resolutions, he conceivcd, would
not be the least efficient part of that fyi
tem. * '
He believed that when the conduct of
Great Britain is reviewed, it would be
found, that it is treating their subjects
with great lenity to speak of sequestra
tion only, we (hould be warranted in coa
fifcating, for they have fubjecied our pro
perty to condemnation, without an ap
pearance of an intention to indemnify.
As to restitution of the property of
which we have been plundered on the high
seas it is impoflible. It is condemned,
fold and scattered, and so hope can be
entertained that they intend to indemnify
our fullering citizens. If it had been
their intention to indemnify, their court,
in explanation of the inltrudtions of the
6th of November, would not have given
orders to condemn vessels detained in fuf
pence in the Weft Indies until the eluci
dation was received.
■Since then restitution is impofiible, and
not a shadow of hope exists that indem
nification will be granted, we have only
to determine whether we shall give up
the property of which we have been plun
dered or claim it with cfifedl; claim it and
enforce the claim,byfhewing that we have
the means of retaliation within our pow
er.—
After the proceedings of the British
towards us, he believed we should have
been warranted in confifcating the proper
ty now proposed to be fequeltcred, with
out negoeiation. This would have been
meting to them as they meted to us.
If sequestration is hostility, (as he had
heard it called) what, he asked, is con
demnation ? Besides they have imprefled
American citizens into their service. We
have reason to believe, he concluded by
remarking from the negoeiation of our
Minister with Lord Grenvilie, from pri
vate information on the table of Congress
and from the conduS of some of their
officers, high in command, that to make
war on us, is part of their system.
Mr. Smith (Maryland) said he always
had wished for peace, as the firft deside
ratum. With this view, agreeable to
the wife recommendation of the President
he agreed to those measures calculated to
put the country in a posture of defence.
This was the best mode of securing peace.
With the fame view he proposed an em
bargo to be laid, which would have drawn
to our ports the remainder of our mari
time pofieflions, and have left them-no
longer within the grafph of a nation,
whose only rule of right is the measure of
her power.
He still wished, as long as a shadow of
hope exists, to secure the bleflings of
peace. With the resolutions now offered,
he was of opinion that we might yet
have peace; but without them we shall
certainly have war. They will arrest 20
millions of dollars in our hand 6, as a fund
to reimburse the 3 or 4 millions which, we
have been ftript of by that piratical nation
Great Britain, according to the induc
tion of that king of sea-robbers, the Le
viathan which aims at swallowing all that
floats on the acean, that mortfter whose
only law is power, and who neither re
fpe&s the rights of nations nor the pro
perty of individuals.
This chara&er the nation he had men
tioned, had long proofs
migljt be cited in support of the afl'ertion
—he would ouly refer to their cttndudt at
St. liullatia,when they robbed their allies
theJDntch, & their generals & admirals
turned vendue-mafters and conduced the
plundering, to colled rewards for their
exploits.
Is it from such a nation, he artted, that
we are to hope for justice ? They know
not what justice is. It isfaid, that they
fliewed their love of justice, when they
fp liberally compeqfated the tories after
their war with us. Tho' they despise
traitors, yet felf-intereft will lead them
to reward the treachery, to encourage a
principle which may again be ufeful to
them; felf-intereft, then and not justice
actuated them on that as oil every other
occasion.
Let us pass the resolutions, then fend
an envoy to Great Britain and we shall
have peace. We shall then be able to
speak to them of their interest. But if
war ihould be the inevitable ifiue, Ame
ricans, lie was lure, would meet it like
men, rather than submit to ihfult and fuf
fer the honor of the country to be prof
tratcd.
If we were able while in infancy as a
nation to afiert our rights, will it be said,
that now we have arrived at a ftafc of
manhood, we shall fear them ?- No !
—Our young men burn for an opportunity
to defend the Liberty, Rights and Pro
perty of their Country ! They, will step
as one, and meet the etent, like men.
He read a quotation from Vatel to (hew
that a nation has a right to pay her citi
zehs for losses inflicted by another nation
contraiy to right, by confiscating the pro
perty belonging to the citizens of that na
tion. The tie of intereit, he concluded
by remarking, is the ltrongeft tie we have
upon Great Britain. Let us pass the re
futation, and that nation will never again
give us cause to pass a similar one. The
people out of dogrs will fay that we have
done tight. The nations of Europe will
rejoice to fee this power which is commit
ting depredations on all nations humbled.
The refutations, he observed, do not re
gard the property in the funds, to touch
this is not one of the means of retaliation
warranted by the law of nations, public
contracts (hould be fat red.
Mr. Boudinot said he had not intended
to take part in the debate at this early
stage of it; but what had fallen from the
member lalt up convinced him that the
house should not go into a consideration of
the fubjeft at this time. It should be cou
ftdered with coolness and all paflions put
out of the question.
No doubt wc have a right to make re
prisals, as the kgiflature has a right to
declare war, but he doubted whether the
United States in their present situation
would find it their intrreft to go into such
measures. The authority read from Va
tel bytKemember last up,he obferved,madc
against that member's opinion. Vatel ex
pressly fays, that reprisals (hould not be
made on property entrusted to public faith.
The debts of British subjects here are in
that predicament. He had heard that
gentleman not long since with plcafure,
expatiate with warmth on the advantages
of credit, especially to this country, should
that sredit be destroyed, he a died, by de
flroying the aonfideuce of foreigners in our
faith ? But even if this retaliation is lawful
will it be the interell of the citizens, or
rather the government to take such a Hep
at the prcfcnt time ? We have no doubt
been cruelly treated ; but have we made
proper application for redrefs,and received
an answer ? We (hould fir ft fend a special
envoy and infill on an immediate anlwer,
this would be the mode of securing peace,
at least it offers the bell chance of securing
it.
The aggreflions on our commerce made
by Great Britain, are no doubt enough to
rouse any American's feelings, but the le
gislature ought not to be swayed by passi
ons, they should discuss the fubjeft calm
ly and deliberately. He hoped the com
mittee would rife, and allow time, at leall
to take the necessary measures of defence;
for could the legislature juftify to their
constituents this Itep of retaliation, should
immediate hoftilitiea, warlike hoftilitics, be
the consequence? To juiiify a mtafurc of
this kind, time should be given for the
defenfive system adopted, tu be carried
into operation.
Mr. Mercer next spoke. He owned
the measures proposed, appeared to him
great and momentous, and had he any
powers of declamation, he (hould think it
improper to give loose to thorn on a tjciefti
ou ot this kmS. We' should weigh well
our interest, examine carefully the situa
tion in which ire fond, end determine
calmly where we fhali place our next step.
The proposition is to a inrft, not confifcate
the debts doe to- Bntifh fuhjefts. From
his recollection of the portions tftabliftied
by the best jurifprudenlial writers, no dout
remained in his mind that we have a cliar
right to secure to ourselves reparation in
that way ; and in oar predicament, con
filiation, even, would be warranted, and
by a point as iirmly eilabliftcd as any
principle which lias the general prafi ice
of nations for a baits. . One of the lateil,
Binkerfhoek, is of opinion that debts arc
property as well as any thing else, and
fees no reason why they should not as well
as other kinds of property be seized to fu
ture indemnity for iniurfes. This is the
opinion of Wotfius, of Vattel, Grotius and
of his commentator. Me couid go on,
he said, Vvith a long lift of autliorit ies, and
refer to actual treaties to shew that it has
been the pfa&ice. of nations. Having ef
tabhfhed the right, he proceeded to con
sider the expediency of ths proportions.
Gentlemen, he hoped, did not v.i(h that
we should lrjake a solemn declaration of
wat before we a<Red. This is 110 lon-rer
the. custom among nations ; it would be a
pompous difpiay of candor which no lon
ger exists. Has any nation in the present
European war prernifed their operations
by a declaration ? No, their Srft step was
to do all the injury in their power to their
enemies. Then we having taken what
steps will best tend to our security, and
give us the best hold of our enemy, let us
not, however, loose fight of a settlement
by negociation ; let us (hew mankind that
peace is our firli wish.
When we are thus prepared let us step
forward to an amicable negociation; let
us call on the executive to fend forward
fonae proper person to the court of Great
Britain, to rifiure them that we have a
high leijfe of the injury done us, that we
have it in our power to relent it, but wifli
to fee the difference fettled by receiving
an indemnification. We (hall then make
it their inter eft as well as duty to allow it.
This he conceived to be the line of con
dutt we should adi rt if we v. ifhed to prc
f.ive the weftecn hemisphere from tiie \
scourges that desolate the old world. By
fomc- such meaftire as that proposed we
should make their motives for peace more
weighty, and we should give afTurances of
our amicable disposition, by (hewing that
all we wifil is a just compensation.
In a business of this kind he was sensi
ble of the danger of precipitation ; the best
mode of, arrcfting the property proposed
should be calmly weighed. He believed
that something like the proposition made
by Mr. Smith(S. C. ) before the house
rcfolved itsfelf into a committees flop to
all tranffers of British property, would be
proper as a preliminary step.
He concluded with some observations
on the respect which nations however weak
will command from their fupciiois in
ftrcngth by shewing that they will not
fuffer imposition ; by joining heart and
hand in defence of their rights. This spir
it, he was fuie, animates Americans, and
now their power is better able to keep pace
with that spirit than when we humbled
that nation. At that time we were in
our infancy, an infancy by no means thriv
ing under the trammels of the mother
country, and when they turned us adrift
and began their hoftilefpoliations they car
ried with them all our means of defence;
but now, thank providence, we have spirit
and power to defend ourielves.—lf the
gentleman from South Carolina, he said,
would modify his proposition and make
the term 30 days, it fhc.uld have his afTent
in preference to that now before the com
mittee. (Gen. Ad.)
Mr. Smith S. C. said that he had fupgeft
ed the proposition allyded to by the gentle
man from Maryland, in order to afford fuf
ficient le'fure for mature deliberation on the
fubjeft of sequestration. It was in the na
ture of an embargo, to arrest all transfers
until the question of sequestration should be
decided. As the propolitirifl seemed to be
more rgreeahle to topic members than the
other, he should lay it on the table when the
committee rose.
The quefticn now before the committee it
whether British debts ought to be sequestered,
as a pledge for indemnification to the fufier
by unlawful captures. .He regretted that
the two fubjefls were cciineifled ; cach ought
to be decided on it's ov.si merit* ; the latter
might give a weight to the former, which,
on confidential,, it xighi be found not ia
trinficjiiy ro d> iorve.
Mr. Smith said, if ever there was a
time when the criiis of affaire required