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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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