CONGRESS
Houfc of Representatives*
January 24.
In < ommittce of the •u , bolc on Air. Madfjn's
refulu lions
[Mr. Tracy's Observations concluded.]
IF thepropofed duties are low, Great
Britain certainly will not fuffer. If they
are high, what will be the confeqnences ?
It docs not admit of argument, that; the
people of this country mult import many
articles, from some foreign country ; we
certainly cannot at once, manufa&ure a
futficiency for our own consumption. It
is equally certain, that at present, no
country tn earth can fupplv us but Great
Britan : Tl»e consequence will be, that
British goods will get here, and the duties
beinjj high, will pnoduce smuggling.—
Our merchants are uow proverbial, tor a
combination not to defraud the revenue ;
but let your duties be high, and the prac
tice of all ptner countries will be adopted,
there w.Il be afTociations to cheat your re
venue ; aud this country by its numerous
and fafe "harbours a'fords a'n unlimited op
portunity to defraud the revenue, with
impunity. A tribute of praise, is due to
our merchants, for their exertions in the
ellablilhment and support of this govern
ment, and among their virtues, the punc
tual payment of duties, is not the lead,
but-1 feel the impolicy of draining them
too hard ; an alienation from the govern
ment, and holtility to the revenue, iwill
be the probable consequence,
Our (hipping, it is laid, will be increas
ed ; this can happen only, by a failure of
reducing Great Britain to terms ; this is
worthy of notice, Great Britain has gain
ed in quantity of (hipping, by her navi
gation act, and of course, fay the gen
tlemen, it is proper for the United States
to have a nav'jation act. Great Britain
is an island, filled with inhabitants, and
if not decreasing, has certainly not in-
creased in numbers for rr.a-iy years.
The United Slates have a great extent
of fertile territory, wholly unoccupied,
an;! an increasing hardy yeomanry, to cul
tivate it to the bed advantage ; our (hip
ping Km rapidly increased, and has gain
ed that point of equality and proportion
with our agriculture, which a jnft equili
brium of things demands ; tins is proved
by the advanced price of our seamen's wa
ges. And hefides there is no more capi
tal to fpart for navigation. Our farmers
feel the benefit of a competition in the
carrying trade, and it is at least queftion
ak.!' whether it is yet politic, to force fo
reigners out of this competition. We
have already, by our discrimination of
tonnage, in favor of our own vessels, and
by the addition of ten per cent, on the
cargoes of foreign vefTels, nearly deft toy
ed the competition, except to ports,where
it is difficult, if not impoflible, for our
»eflels to go.
With this view of the fubjeft, I con
fefs it is very doubtful in my mind, whe
ther an attempt to force an increase either
of our (hipping or manufa&ures, would
be politic. At present, Sir, I fee no
ground for revenging on Great Britain,
and if there were, I can discern no pro
bability of injuring her as much as our
fclves, by the attempt, and a treaty has
no flattering appearanceto me. One thing
had escaped my attention ; our treaties
are by the constitution, the supreme law
of the land ; this ties us unequally in cafe
of treaty, as no nation is under equal ob
ligations to'fulfil a treaty.
But the gentlemen fay, the Indian war
docs exist, the Algerines are abroad on the
sea, committing piracy on our trade,
&c. &c.
I promised to consider these matterß, as
in my mind they are very serious fubjefts,
and one gentleman (Mr. Giles) has said,
if these were removed out of fight, three
quarters of his argnment must be loft.
Is the treaty of peace, as it refpefts
the western post, unexecuted ?
Is the Indian war itiftigated and suppli
ed by the Britifti nation, and are the Al
gerines, through the agency of the fame
nation, deftroving our trade and enslaving
our citiznp ? These are serious charges,
if true, they deserve the atteution of all
men, and particularly of this Commit
tee. '
For the purposes of the present argu
ment, 1 wiil suppose, that all those char
ges lre fpecificallr and directly proved,
and by proof here, will be underilood,
that the fa&s are fo-far within our know
ledge, that candor cannot helitate in a
conclusion.
If I thought the resolutions under
eonfideration, were certain in the produc
tion of evil to ourselves, and very uncer
tain, as it refpe&ed either our own future
benefit?, or injury tGreat Brritain, what
can 1 think of them, as a remedy appli
cable to so much injury ? When consider
ing the question in this point of view, I
am led to ask the gentlemen, if they can
be serious in supposing these resolutions
are a proper confident and adequate re
medy, for evils of the nature and mag
nitude jull recited ? I acknowledge my
own feelings are very different. It thele
itatements are founded in fa6t, I cannot
juftify myfelf to my constituents, or my
conscience, in faying the adoption of the
regulations of commerce, a navigation
a&, or the whole parade of (hutting
ports, and freeing trade of its shackles,
is in any degree calculated to meet, or
remedy the evil.
Although T deprccate war, as the worst
of calamities for my country, yet I would
enquire ferioully whether we had fulfilled
the treaty on our part, with Great Bri
tain ; do compleat justice to them firft :
I would negotiate as long and as far as
patience ought to go, and if I found an
obstinate denial of justice, I would then
lay the hand of force upon the western
potts, and teach the world, that the Uni
ted States were no lels prompt in com
manding justice to be done them, than
they had been patient and industrious in
attempting to obtain it, by fair and pea
ceable means. In this view of the fub
jeft, I thould be led to fay, away with
your milk-and-water regulations, they are
too trifling to affect objetts of such im
portance. Are the Algerines to be
frightened with paper resolves, or the In
dians to be subdued, or the western polls
t:iken, by commercial regulations ? When
we consider the subject merely as a com
mercial one, it goes too far, and attempts
too much ; but when considered, as a war
eftablidiment, it falls infinitely (hortofthe
mark and does too little.
Mr. Boudinot lamented the want of
practical commercial kuowledge, when
called upon to give an opinion on fubjefts
of so great magnitude and eflential impor
tance to this country : But it was with
pleasure he took an opportunity of ac
knowledging the obligation he was under,
to the gentlemen who had gone before
him, for their collection of facts, their cal
culations and strong reasoning on the sub
ject, by which his misfortune was greatly
alleviated. The calm and difpaflionate
discussion of so great and interesting a
question, must be productive of great pub
lic advantage, as well as do great honor
to this committee. It was with the great
est attention that he had heard the various
reasonings throughout this long debate.
Ha had examined the facts ; he had com
pared and applied the calculations; he
had weighed every argument, and had
endeavoured to draw some final conclusions,
to direst his judgment. That which had
made the molt forcible impreflion on his
mind, and was equally deducible from the
arguments used by either fide of the house,
was, " That every wife nation under the
consideration of all circumstances, endea
voured to make their own individual in
terest, the pole-star, by which to direst
their conduct, whether of a political or
ccmmercial nature."
He observed, that it appeared to him
as clear as any mathematical proposition,
that in all the commercial regulations of
the nations of Europe, this one object in
fluenced every action. This was plainly
seen in all the favourable circumftanccs,
attending the arrets of France in our fa
vour. This, and this alone, had penned
every commercial reftriftion against us, by
Great-Baitain.
From the whole then of the debate,
without going into comparison of one na
tion and her conduct towards us, with an
other, which sometimes led into invidious
diftinftions. Mr. Boudinot said, he had
drawn this obvious and determinate coa
clufion, from the acknowledged attention
of old and wife nations to their own par
ticular interests, and which he (hould make
the rule of his conduct, on this great ques
tion, " to go and dolikewife."
But before he proceeded to the resolu
tions on the table, he thought proper to
premise, the propriety of laying out of the
debate, the charge of the enmity of Great
Britain and the friendlhip of France, as
far as either refpefted the former govern
ment. Politicians and Legislators (hould
riot indulge paflion ; the circumstances of
the present government were those that
demanded their attention, and by going
so far back, they would be exposed to
greater mistakes. He said he had already
found it very easy to mistake or misappre
hend facts of an important nature, when
relative to fubjefts that engage the pas
sions as well as the judgment.
Mr. Boudinot said he was not desirous
of becoming the panegyrist of Great-Bri
tain ; he had known too much ; he had
felt too much, to execute such an office
with propriety. He lhould not overvalue
the friendfliip of France, in the aid we
had received from her, because he knew
that it was not from the nation but the
monarch, that the whole of it was brought
about. He knew that his sole motive
was the bed interests of his crown, and
that when he fought with us fide by fide,
he had fought his owu battles in our coun
try, instead of our own. It was interest
that led America to aik, it was interest
that led him to comply.
But notwithstanding circumstances of
this nature, he was desirous that the whole
truth ihould prevail. He did not approve
of half truths, he wilhed the whole to be
known. Great Britain had been repeat
edly charged with originating the Indian
war.
She had been (it was said) always a
verse to entering into a commercial treaty
with us. These facts, Mr. Boudinot dis
puted, nay he did not believe them. Gentle
men had founded many itrong arguments
upon them, but it would have been best,
firft to have produced the evidence, to
prove their exigence.
As to the originating the Indian war,
so far from its being originated by Great-
Britain, that he knew that it had origina
ted in the falfe policy of Congrcfs, in 1783.
This was no new idea ; he had then fore
feen it; he had then foretold it, with its
consequences j he did not deny that the
officeis and agents of Great-Britain had
lince encouraged and encreafcd it : That
they had not dene what rhey ought to
have done, to prevent it. They had claim
ed the right of aiding the Indians, by pre
sents., We alio as a nation, had claimed
the right of aiding the French Republic,
in every way consistent with our neutrality.
As to her being always averse to a
commercial treaty; this also Ihould be
taken with some reftriftion. The facts
(hould be truly stated. 111 September,
1779, Congress thought it prudent to au
thorise and inftruft their Commissioners to
enter into a commercial treaty, with Great-
Britain, in cafe of a peace. In July, 1781,
when a negociation for peace was likely
to take place, Congress on the principle
that our true commercial advantages were
not well understood, thought it be ft, to
avoid all uuneceffary European connec
tions : and therefore, in the month of July,
1781, repealed the Commissioners' autho
rity, to enter into a commercial treaty and
withdrew their inftruftions. At this cri
tical moment, when Great-Britain had ac
ceded to our independence, and was im
pressed with, the danger of losing our
commerce, (he came forward, and (if his
information was right) proposed a com
mercial treaty, on rational and generous
terms, which for want of authority, was
refufed by our Commissioners. To this
source, was the proclamation of the King
of Great-Britain, owing, by which we
were cut off from the Well-India trade.
Before this mistake could be rectified, oar
disunion as to commercial regulations, and
weakness as to national objects, were ful
ly known to Great-Britain ; since which
he believed, (he had wholly omitted to en
ter into further treaty with us.
He said he had carefully examined the
journals of Congress, as to the granting
and repeal of the power of the commis
sioners, but as to the offering and refu
ting the commercial treaty, he depended
on a confidential letter he had received
in 1783, and which was read in Congress
the Ift of O(Sober of that year ; and as
he would not vouch for the authenticity
of those fact«, but chose that the com
mittee (hould have all the evidence he
had—he would trouble them with read
ing the substance of it.
Mr. Boudinot then read some parts of
a letter dated Sept. 28, 1783, which in
fubltance was, " 1 left Paris the 15th of
June, the day before which, Mr. Hart-
Icy had communicated to the American
Plenipotentiary and to me, a dispatch
which he had received from Mr. Secreta
ly Fox, authorifmg Mr. Hartley to agree
to a treaty of commerce, allowing a free
tiade to the Weft-Indies, to the veffeltand
fubjefts of the United States, under the
single rellriftion of not carrying the pro
duce of those i(lands to Great Britain
That Congress would bell know the rca
fons that induced the commiflioners to
object to that reftriftion, and which had
eventually fruftrated the expectation of a
commercial treaty with Great Britain ;
and yoa will undoubtedly have seen the
proclamation, which in consequence there
of had been ifl'ucd by his Britannic Ma
jesty, whereby the veffcls of the United
States, are in effect precluded from all
access to the British Weil Indies. But
as the ultimate intentions of the British
minister on that fubjeft, appeared doubt
ful and as it seemed highly important that
they should be known to Congress as soon
as pofiible, and as I had occasion on
Friday the Bih of August, to fee my
lord North, refpefting a matter of private
property, I availed myfelf of that oppor
tunity of conversing thereon with his
lordship, who with great apparent candor
told me, that the proclamation and thtf
principles of it, would undoubtedly be
adhered to during the continuance of the
ast of Parliament; that Parliament must
then determine, refpefting future mea
sures; that the navigation ast had been
the source and support of the British na
val power and must not be infringed with«-
out urgent necessity; that he was desi
rous of promoting a good understanding
with the United States, by all mean 3
compatible with the interest of Great Bri
tain, but that the Americans after ma
king themfelvcs independent, were unrea
sonable, desiring privileges which never
had been granted to any independent peo
ple, especially as they appeared to have
neither the inclination nor the ability to
give any adequate advantages to Great
Britain in return, I intimated the pro
bability, that the United Staees would
retaliate and prevent their produce being
carried to the Weft Indies in British ves
sels : To which his lordship replied, (hat
the United States had doubtless the right
to adopt such a measure, but in so doing
they would necessarily deprive themfelvcs
of the belt and indeeed the only fufficient
market for their produce, obltruft the
growth, agriculture and profperitv of their
own country and injure themselves much
more than they could possibly injure
Great Britain. That in war Great Bri
tain exposed to much expence and diffi
culty in defending her Weft India colo
nies and all times giving them exclusively
the benefit of her market, depriving her
felf in their favor, of the advantage of
purcliafing tile fugai s, &c. of other coun
tries and thereby enabling British Weft
India planters to obtain higher prices for
their produce than the planters of any
other nation, and that unless Great" Bri
tain in return for these favors could exclu
sively enjoy the benefits of their naviga-c
tion, it would in his private opinion, be
much better to let them become independ
ent like the United States. His Lord
ship did not request and I presume tie did
not expect, I would keep this conversa
tion a secret, and you are at liberty to
communicate it to Congress, though as I
do not wilh to be cited on political fubjefts,
I beg it may be confined to that honor
able body. I indeed thought it excell
ent before I left London, to write an -ac
count of it to the American Plenipoten
i tiary in Paris, &c. &c."
Mr. B. then proceeded,and said " that
these facts had convinced him that the
charge was too general; efpccially as by
the late communications we are informed
that a negociation was now again in train
on the fame fubjeft. That in his opinion
Great Britain had enough to answer for
that was jultly chargeable to her account
without relying on bare suggestions with
out proof. Her breach of the treaty by
carrying away our negroes contrary to the
express words, and withholding the polls
without a ihadow of excuse, are iufficient
evidence of her want of public faith ; but
let us not found our acts 011 those facts,
which if enquired into we cannot support
—Mr. B. oblerved that he had made these
observations to remind gentlemen that tlio'
this nation had at times done us wrong,yet
that we had not been without fault.—
Therefore he added, let lis dispassionately
consider the resolution on the table, on the
principle of our present situation among
the nations or as it has been finceour pre
sent government. It cannot be denied,
that our trade has been in a flouriftiing con
dition ever since the year 1790. Let any
gentleman who doubts this, cad his eye
on the reports from the treasury office for