*, f . _ —w»a—— —■——g»-*•»» CONGRESS. HOUSE OF REPRESENTATIVES. The Speech of Mr. Smith, (S. C.) cn^ the motion to Jlrike out the Jixth feSion ef the kill, " For the punishment-os certain Crimes againfi the United, States." j> [Concluded.] The treaty of Paris in 1763 and the treaty of commeice in 1786, both of which confirmed the treaty of Ut?echt, stipulated that the enemies of tlie two powers, viz. France and Great Britain, (hould not be allowed to fell their privet in the forts of either party. Were there any doubt remaining on this head, the practice of France herfclf would remove it. Her edi&s, forbidding the sale of prizes in her ports, while in a (tate of neutrality, by aiiy belligerent power, and directing her vefTels of war to carry their prizes into the ports of France where they were fitted out, would fuffi ciently evince her confirmation ot these treaties. See Valin's commentaries on the marine ordinances of France, 272, 2 77- An argument has been attempted in another place, to be deduced from the convention with the Dutch, relative to the fills prixes, and from the 2 J article of our treaty with Fiance, which secures to her the privileges of the mqjl favored na-' tion. To this several answers may be given, 1 ft. The Convention with the Dutch was a special convention relating to a special cafe, viz. to the then exilting war, in which both Holland and the United States were engaged, as co parties ; Hone of the provisions of that convention can relate to a cafe where the United States are at peace. The circumstances of that con vention being a separate instrument from the treaty of commerce, tho' dated on the fame day explains that it was intended for a special and temporary object, and not like the treaty of commerce meant to be a permanent compact : The preamble re cites that it is intended to establish some uniform principles, with relation to prizes made by vefiels of war upon their common enemies, 2dly. The sth article of that conven tion ftipuhates that the priz.es of either party may be fold in their ports as far as may be confident with the 22d ar ticle of the treaty of commerce, which ar ticle however provides that the treaty with Holland (hall not in any manner derogate from the 22d article of the treaty with France ; now by that article in the French tr a'y, the Dutch are expressly prohibi ted from felling their prizes in our ports ; if Holland then does-not now pofiefs the right, how can France derive it through Holland ? 3<Hy, The 2d article of our treaty with France only stipulates that each par ty enjoy all the privileges of the molt favored nation, on allowing the fame compensation, if the conceflion was condi tional ; but France, as has been shewn, cannot confidently with good faith and an adheience to her treaties, grant us the fame compensation in similar circumstan ces ; (he would, theitfore not be entitled to this privilege, granted to Holland on terms of reciprocity, supposing the privi lege still to exist. It remains to consider this important quedion on the ground of expediency. Abandoning the idea of right,'is it expedient and politic to permit the sale of French prizes in the United States ? In contemplating this point, the deter mination ought not to be influenced by any prepofleffions in favor of one or an tipathies against another nation : the true ground of national policy should be taken,& therefult should be that which is molt con- I fiftent with our national interest. That the permission to France to fell her prizes in our ports would be advantageous to that nation, and inconvenient to her enemies, will not be denied ; but it is the very cir cumstance of its thus being advantageous to one and inconvenient to others of the belligerent powers, which makes it inex pedient. * Were we prepared and resolved to be come a party in the war, prompted ei ther by gratitude sot one, or resentment against another, of the powers at war, it would be proper that we Ihould at once take our fide and pursue hostile steps; but if the policy of the country still points to . peace and invites to neutrality, it follows, indispensably, that we must ftriaiy in here to the line of neutrality. Tnere is no intermediate station between peace and .var. Whatever may have, been out legi bility in icfpedl to injuries received, poli cy has for the prefeTit didatcd to the go vernment of ths United States a pacific system, and as long as that system (hall be the prevailing one, consistency requires an adherence to the principles it incul cates, The queflion then resolves itfclf into this, is the voluntary permifiion to one of the belligerent powers'to fell her prizes in the ports of a neutral power, while the fame privilege is withheld from others, even our allies, a breach of neu trality ? A recurrence to writers of au thority, as well as the reason of th* thing, will compel us to aiifwer in the affirmative. Vattel, page a J s ' "33 long as a neutral nation Willies to enjoy this situation with certainty, it ought to (hew in every thing an exact impartiality between those who are at war ; for if it favors the one to the prejudice of the ot ki ll caftnot complain when that other (hall treat it as an adherent and afTociate of the enemy, its neutrality would be a frau dulent one of which no one would be the dupe." Mr. JeJferfon, in the printed cor respondence, page 60, speaking of the fitting out privateers, fays, " Since we are bound by treaty to refufe it to the one party, and arc free to refufe it to the othex, tve are bound by the laws of neu trality to refufe it to that other." In page 67, he fays that the permission to fell pri zes in neutral ports is unfounded in the practice of France, and he believes of all other nations. It is certain that France has paffid fo vere laws against it, and that were we now at war with any Eutopean power arid France neuter, we (hould not enjoy that privilege in her ports. The question is not confined to Great Britain and France, and it is not enough to fay, " we have received injuries from the former and be nefits from the latter, and therefore we (hould grant a special indulgence to one to the detriment of the other." Other nations aie seriously Jtffefted by the decisi on. 'Spain, Holland, and Pruflia are co parties in the war against France ; (there is indeed an appearance of a withdrawing of the latter, though not yet ascertained.) We have no idea of going to waV with the firft ; with the two last, we have trea ties of amity and commerce ; it is not im probable, should the war continue, that Sweden may be implicated as one of the combined powers ; with her sve have also a treaty of amity and commerce. A permission to France to fell her prizes will be a special privilege for her benefit, to the injury of Spain and Holland certain ly, and probably Sweden. Should we feel no peculiar partiality for Spain, yet it ought not to be foigotten that fhc lent us money during our war with England and combined with France to aid us : Grati tude (hould fuggelt a recollection of the fervicesrenderedus by Holland, and (hould forbid a departure from neutrality, which would eflentially affect her intereils. In our treaty with Holland, it is exprefled " that there shall be a firm inviolable nnd universal peace and sincere friendihip be tween the two countries." Would it be a sincere friendfhip on our part to facili tate to their enemies the capture of their veflels by permittiig the sale of them in our ports ? In regard to Great Britain, a negocia tion is now depending for a redress of our wrongs. Whether or not there was fufficient cause of immediate war against that notion, or whether it was wife in the government to prefer the path of negotia tion to that of hostility, arequeftions not now to bedifcufled ; the path of negocia tion has been entered, and ought not to be deviated from till it has been fairly ex plored. Would a departuie from the line of neutrality, as it relates to that nati on, be, under the present circumstances, confident with found policy ? Undoubted ly not. I would not furnifh her with even this pretext for a refufal to do us justice ; I would afford every aid, every chance for' a fuccefsful negociation ; I would avoid throwing any impediment whatever in its way ; and having acted thus, (hould my expeaations be disappointed, I (hall f ee l myfelf juftified in exposing my country to all the calamities of war, to endeavor to extoit by force that which justice and mo deration (hall have failed to obtain. There are other considerations aritlng out wi the question of expediency, which claim some notice. The sale of prizes in I ... " ' \ . our poits will have an immediate tenden cy to encreafe the number of privateers On our coasts, to embarrass and diflrefs our commerce, and to fofterthat spirit of pri vateering among our own citizens, which, at the fame time that it is a diredt violation of neutrality, leads to the introdudSbn of immoial habits. And heie I cannot for bear once more quoting the former secre tary of state who, in page 63 of the printed correspOndence, fays, " Were the merchant veflels coming for our produce forbidden to have any arms for their de fence, every adventurer who has a boat, or money enough to buy one, would make her a privateer ; our coasts would fwai m with them, foreign vessels mull cease to come, our commerce muji be Jupprejjtd, our produce remain on our hands, or at least that great portibn of it, which we have not veflels to carry away, our ploughs muji be laid aside, and agriculture fufpcndecl. j This is a facrifiee 110 treaty could ever | contemplate, and which we are not dis posed to make out of mere com plaiiarice to a falle definition of the term privateer." The pernicious consequences above des cribed would equally flow fiom the allow ance to fell prizes. From a view there fore of the whole fubjedt, it clearly results that the sale of prizes is not stipulated by the treaty; that if it were, it would be null, as repugnant to prior treaties and not reciprocal ; that it is unfounded in the practice of France hrrfelf, and that it is inexpedient, as diredlly contravening the laws of neutrality, and as prejudici.il to our commercial interests, and the mo rals of our citizens- Foreiyri Intelligence. o o MADRID, March 20. "The duke of Crillon and count O'Rei ly have been called to a council with the 1 commanders ot the arnjies, to deliberate oa the plan to be followed for the present campaign.—Although conjectures only can be formed, I understand that it was fettled to adopt the plan of general Ric cardos, which has been adted upon hither to—that is, that the armies of Navarre and Arragon shall keep themfelvcs totally on the defenfive and that the aimy of Roufiiilon shall be augmented as much as poflible, and shall a£t ofFenfively. " The count DAranda, dean of the council, and the only statesman in Spain, except Florida Blanea, read upon this oc casion a memorial detailed at great length upon the Kit campaign and upon that which is to open. He examined and dif cufled what were the true interests of Spain, in the present moment, and in the (fill more alarming crisis which was fact ap proaching, and he stated with franknefs of wiidom what precautions they ought to taise, that they might not be involved in the general consequences of the present fyttem. He said, n this memorial, that } Spain ought not to have blind confidence either in the intentions or the means .of the combined powers, A'liofe heated palTi ons were evidently predominate over the reason which ought alone to preside in their deliberatiqps. x " The council, wholly composed of men without knowledge and without ex perience, paid no regard to these confeder ations. In the fitting of the 17th M. D'- Aranda insisted, with it ill more energy, on the fubjedt which he had submitted to them, and called upon them by every mo tive dear to them as Spaniards, to pause before they plunged their sovereign and their country into inextricable ruin. This liberty displeased the favorite, the duke of Alcudia, who dictates to the council; and two hours after the fitting, M. D'A tanda received an order to depart forth with for Jaen, a city in Andalusia. This order was fignified to him by the govern or of Aranjuez, who accompanied him for some leagues on his journey. " M. D'Aranda received this' letter de cachet with the utmoll tranquility and like a 1 man accustomed to such prtffents. His preparations for departure were made in halt an hour. He carries with him in to his exile the certainty that events will confirm his predictions. He has raised a monument that will prove to posterity that he was the only statesman in Spain, who knew the true interests of his country in the present crisis. His banishment is a triumph for the tools of the favorite ; and the ministers of the combined powers seem also not a little pleased, at what they call, his disgrace. " General Riecardos died here on the I9thinilant; the court appointed count •sr?-" Eg,;-. ' O'Reilly to succeed him, but he also died on his route t6 take Ihe command of the army. In his room the court has appointed ' the count De L' Union, who at the fame time was governor and captain general of" Catalonia. He is a veiy young man, but ; it is ftid that he has' militarv talents- he j Is a&ive, and very much beloved by' the troops, particularly by the Cataloniana. " It Is not thought that he will be soon " able? to commence In's Operations, as the number of lick (till continues to be from 16 to 18,000 men. It is thought the carnpaign will open with the fuge of Puj. e'erda, where it is not believed that the French can hold out lori£, .as the fortifica tions are trilling. M. dc Lanc-ara is ex . pe&fd to fail in tSe beginning of next month, to t'dke .on board the prince of Parma, who is to embark at Leghorn." LONDON, April 11. The arte it of Danton aad his friends has been long forefeen by those who knew his eh a rafter. There is iio accusation a«ainft I him of counter-reov Attiomry plots ; but bis corruptions have been eiioimotis. Bolh he and La Croix have amafled an enor : inoiis sims of trrafure by the mott abomi nable means, while RobefpWire remains' unimpeacbed as to the eleannefs of his hands. This is the opinion of those who : are the best acquaint d with the Itate of | parties in France and this opinion, which I 1S general, has earned Robeipierre thro' with triumph in ail his meafuns. He will now, it is saul propose his plzin of government in which Religion wiii muke a conilituent pait, fre ed from the ceremo nies of eliabiilhment on the one hand, but ,equally removed from licentioufnefi on the 01 her. He has already given notice that he has a p*oje6t of a plan to lay before the alfemb'y. , • All attempts to ftaive France are now frtrfl rated, They are within a few weeks of having a crop of potatoes fnfficient for thendelves for the confurription of a year. To reconcile the people to this food, and to encourage their cultivation, apamphk-t was circulated with great induftiv among the farmers—the leading points of which' are, that corn is the food chosen bv ty rant* and ftnpofc'dupon mankind, becanfe they have it thereby in their power to ilai ve nations at their pleasure. It re quires hait the year's labor of man to p e pare it; a thousand ciicnnftances mull con cur to its maturity and to its converlion into bread ; armies trample it under foot —and it cannot be concealed under roof trorn the ravages ol wa-. But polices seem dellined to be the | food of Republicans in the moment of Re volution;' The fame tpot of earth th3t with great labor, and with all the rifle of bad seasons, would produce corn oi.ly for the fubiiltance of one man, would without ' 1 hbrr comparatively,, and ftlmoll indepen dent of seasons, produce potatoes for'ten men.—They require na mills to grind them—no granaries to preserve them— they could not be tiodden down, like fields of corn, by armies, and the moment that they were dug out of the generous earth, they were ready for the life of man. This argument set forth with all the flowery eloquence of the French fsJhool, lias had its cfieft ; and we under/land that every corrter of France is likely to be molt plentifully fumilhed with this ufeful root. NATIONAL CONVENTION. Sunday, March 23. ■ The fitting was opened by deputations from levelal communes, felicitating the Convention 011 the discovery of a grand conspiracy againll liberty. Richard, a nationalTeprefentative, stat ed, that he wasjuHarriyed from the north ern army, which had received the news of the conspiracy with the molt profound in dignation. The soldiery had heard with horror, that the men whom they had fleemed patriots had attempted to snatch from them the fruit of labors and their blood—Liberty. In the army itiell, the plot had some ramifications, and se veral individual* who had kept up 3 cor refp.nidence with the principal conspira tors, had been put under arrelt.—" Our brave defenders," continued Richard, " pant to meet the enemy ; and we, in •perfan, (hall soon lead tbem into the field. Our advanced ports have lived at their ex pence for these five weeks part. From one end- of the line to the othe-, an ardent con rare which will surmount every diffi culty is displayed ; and in a little time the army of the north will obtain triumph. equal to those of the army of the R.mu. —(Great Applause.) , *
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