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 V 
 
 THE 
 
 BRITISH TREATY, 
 
 
 * « 
 
■I 
 
 I 
 
 l 
 
^h 
 
 TO 
 
 THOSE MEMBERS OE CONGRESS 
 
 WHO HAVE 
 
 THE SENSE TO PERCEIVE 
 
 AND THE 
 
 3PIRIT TO PURSUE 
 
 THE 
 
 TRUE INTERESTS OF THEIR COUNTRY. 
 
 THIS PAMPHLET IS DEDICATED. 
 
PREFACE, 
 
 I 
 
 ■ 
 
 1 HE matter of the following sheets was long 
 since prepared, but the publication was suspcM-jded 
 from unwillingness to interfere in the measures of 
 government ; and from the apprehension that such 
 interference, instead of doing good, might produce 
 evil. A majority of our countrymen seems deter- 
 mined to approve whatever our rulers do ; and 
 «ven to give praise for what they leave undone. 
 We believed, therefore, that, borne on a tide of 
 popularity, they would disdain what we could say; 
 and might pursue their course still more pertina- 
 ciously should we declare our opinion that it leads 
 to ruin. 
 
 This, though an evil, was not the greatest which 
 we apprehended. We have long seen the Ameri- 
 can people acting and thinking under an impres- 
 sion that the wisest and most virtuous among us 
 have an interest distinct from their fellow citizens; 
 that they wish to tyrannize and oppress; that they 
 Jtfvant to be lords and kings. And although it is 
 acknowledged that nothing could be more absurd 
 than a scheme to establish monarchy or aristocracy, 
 it has been taken for granted, that men noted for 
 their judgment are engaged in that ridiculous 
 
d 
 
 project. If this produced no other effect than to 
 exclude them from the national councils, we should 
 consider it as a misfortune. Wf should, however, 
 cons.)Ie ourselves with the hope, that a quiet course 
 of things would render the employment of tlieir 
 talents unnecessary; or that, if storms should cloud 
 the political horizon, they would, as virtuous citi- 
 zens, be ready at the call of their country. But 
 we have seen a more serious consequence result 
 from the false direction of public sentiment. The 
 measures which such men recommend are consi* 
 dered as part of the system attributed to them. 
 And when they exercise the common right and 
 perform the common duty of freemen, to express 
 their opinion of any measure of government which 
 appears to them unwise or improper, it is attri- 
 buted to a desire of making mischief between the 
 people and their friends. Indeed, a singular ad" 
 vantage has been taken even of their talents, to 
 render their exertions ineffectual. Sqch, it is said, 
 is their power to persuade, that those who listen 
 are lost; wherefore the people must turn a deaf 
 ear to their arguments. And such, it is said, is 
 their power to misrepresent, that the President and 
 his friends dare not indulge themselves in explain- 
 ing the principles of his conduct. But since the 
 people know he is their sincere friend, the ablest 
 and best man in America, they cannot act more 
 prudently than to repose confidence in him ; and 
 adopt the maxims which emanate from his mind. 
 Hence it has happened that, generally speaking, 
 whatever those who administer the government 
 have thought proper to say or do, has been received 
 
and adopted as perfectly wise; from which, al 
 length, has resulted the very great evil, that where 
 their opm-on or conduct has been traced up to 
 maxims dangerous and false, error has been adopted 
 as an article of faith. Seeing all this, we could 
 not but apprehend that it might be dangerous to 
 publish the matter contained in the following pages. 
 We feared that, from blind confidence on one side, 
 and blind enmity on the other, false notions might 
 prevail and be established respecting our exterior 
 relations, of which foreigners would not fail to 
 take advantage. But it is no easy matter to get 
 loose from treaties with a great power. And al- 
 though it is a misfortune to be bound by treaties 
 unequal and injurious, that is not the only misfor- 
 tune. The jealousy of rival powers is excited, and 
 they take every convenient occasion to make us 
 feel their resentment. 
 
 A late event has roused public indignation; and 
 Americans, waking from their long dream, appear 
 desirous of knowing their condition. We see with 
 honest pride the spirit of our country. Neither 
 submission to insult with the view to save money, 
 nor the disgraceful expedient of purchasing delu- 
 sive tranquillity, have yet unnerved the public mind. 
 It may be expected that we should say a few 
 t^ords on this event. We put aside what preceded 
 the assault on the Chesapeake, because, even if our 
 government had been in the wrong (a subject on 
 which as yet we form no opinion), the attempt to 
 search a public ship of war appears to us unjustifia- 
 ble; and more especially so on our own coast. We 
 firmly believe the British will not attempt a justifica- 
 
(.• M 
 
 tion i hut will, for thcic own sakes, grant satisfaction. 
 AVc do not mean to say that they can be bullied 
 into submission. They are a high-spirited nation, 
 and will not be bullied. If any thing prevents 
 them from giving satisfaction, it will be a demand 
 in terms so iniurious as to put us in the wrong. 
 Then, indeed, we may be answered in a tone to re- 
 pel the insult of threatening language; which, as it 
 is addressed to fear and not to justice, implies the 
 opinion that we have to deal with scoundrels and 
 cowards. When, therefore, we express an opinion 
 that the British government will, for its own sake, 
 give satisfaction, it is from the condition expressed 
 by Admiral Berkeley, and which would at any rate 
 have been implied, that they are willing in their 
 turn to submit their ships of war to search. This 
 we believe they never will submit to, and therefore 
 presume Admiral Berkeley will loose his commis- 
 sion for making the offer. 
 
 AVc may be mistaken in our view of the course 
 of events. Things may be brought to the alterna- 
 tive of submitting to insult or going to war. In 
 that case, not pretending to conceal the misfor- 
 tunes which must attend hostility, we think every 
 thinjr is to be done and suffered to vindicate the 
 national honour. These are the constant senti- 
 ments of our hearts, unmoved by irritations of the 
 moment. These also are the deliberate conclu- 
 sions of our judgment. If any gentlemen suppose 
 the war will be feeble and harmless, they arc de- 
 ceived. It muse be severe and bloody. But it 
 must be sustained manfully. And we have so good 
 an opinion of England, that we think she will not 
 
action, 
 bullied 
 n 'It ion, 
 revents 
 emand 
 wrong. 
 I to re- 
 h, as it 
 ies the 
 :1s and 
 pinion 
 1 sake, 
 )ressed 
 iiy rate 
 their 
 This 
 srefore 
 >mmis- 
 
 course 
 Iterna- 
 r. In 
 nisfor- 
 
 cvery 
 ite tho 
 
 senti- 
 of the 
 onclu- 
 ipix)se 
 re de- 
 3ut it 
 
 good 
 ill not: 
 
 like us the worse for fighting her on the point oi 
 honour. In the mean time it becomes us to sus- 
 tain the dignity of our character by the language 
 and deportment of self-respect. Let it be remem- 
 bered that foul and abusive terms come with pro- 
 priety from the mouths of none but prostitutes and 
 cowards. 
 
 In the following sheets we have endeavoured to 
 avoid reproach and crimination. In some instances 
 Indignation has burst forth. We might, it is con- 
 fessed, now soften the terms. But really there are 
 occasions on which whollv to restrain the warmth 
 of expression implies a delect of honest sentiment. 
 And there are subjects also, to treat which in the 
 cool style of narration, is to betray the cause of 
 virtue. 
 
 Aware that It may be said we are personally 
 hostile to the administration, we think it proper to 
 put the question at rest, by declaring candidly our 
 opinion. AVe consider, then, Mr. Gallatin as an 
 efficient man of real talents. We did not approve, 
 neither do we now approve of his appointment; 
 but we forbear to assign the reasons, because, as 
 far as it has come to our knowledge, his conduct 
 is not reprehensible. AVe believe, moreover, that 
 he is not swayed by pecuniary motives. We are 
 convinced that he touched nothing in the Louisi-» 
 ana concern, and have no reason to suppose he will 
 pocket any part of the sum to be expended in pur- 
 chasing the Floridas. — We consider Mr. Maddison 
 as a man of considerable genius, though somewhat 
 ilow, and of great industry. We approved o( hi« 
 appointment. We knew indeed that he was a 
 
10 
 
 I 
 
 • ! ) 
 i 
 
 man of feeble mind; and bad seen witb concern 
 that he gave himself up- to Mr. Jefferson, without 
 reserving the use of his own judgment. When we 
 first knew him, be was a youth of ingenuous tem- 
 per, whose ignorance of the world exposed him to 
 become the prey of any sharper (of either sex) by 
 whom he might be assailed. From a defect of 
 firmness in the texture of his mind, and perhaps 
 also from a defect of education, he was not in the 
 habit of recurring always to fixed principles for a 
 decision on conduct and opinions. So long, how- 
 ever, as he hung on the arm of Washington, his 
 course was steady, and gained him honour. But 
 the instant he let go that hold, he fell into a ric- 
 kettv condition, from which he never recovered; 
 and is now in a deep decline of character, for 
 which we fear there is no remedy. The first vio- 
 lent symptom was a panegyric on the French con- 
 stitution: the more extraordinary, as that instru- 
 ment, in all its prominent features, was opposite 
 to the constitution he had assisted in making, and 
 laboured earnestly and successfully in persuading 
 us to adopt. It would be painful to mark the steps 
 by which this gentleman has descended to his pre- 
 sent condition; the mere instrument of Mr. Jef- 
 ferson. We believe him still honest and well dis- 
 posed. We think he would make an excellent 
 first clerk in the Secretary of State's ofiice, and sin- 
 cerely regret the want of qualities and talents for 
 the place he occupies. — Mr. Jefferson is a man of 
 pleasing, modest, unassuming manners. His con- 
 ver^-ation, generally amusing, is Frequently instruc- 
 tive. Thou<rh not dcei) in any one 'science, he ha^ 
 
oncern 
 t^ithout 
 len wc 
 1^ tern- 
 him to 
 ex) by 
 ^sct of 
 erhaps 
 in the 
 s for a 
 , how- 
 )n, his 
 . But 
 > a ric- 
 vcred; 
 sr, for 
 St vio- 
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 instru- 
 posite 
 l, and 
 lading 
 : steps 
 s pre- 
 
 r- Jc^' 
 11 dis- 
 client 
 d sin- 
 Its for 
 nan of 
 s con- 
 istruc- 
 10 has, 
 
 11 
 
 that acquaintance with them all which becomes a 
 scholar and adorns a gentleman. He has a consi- 
 derable shcre of genius; and there is, in his de- 
 portment, an air of frankness and of deference to 
 others, which are agreeable to all, and arc sure of 
 captivatinjy the young and inexperienced. If there 
 be blemishes in his private character, v;e have no- 
 thing to do with them. We consider him as a 
 public man, and in this view he has great defects. 
 Like others who have fallen into the idle habit of 
 questioning establibhed truth, his faculty of weigh- 
 ing evidence is impaired. Hence such an asto- 
 nishing degree of credulity, that he could not only 
 believe the French were free while suffering op- 
 pression the most cruel and bloody that ever poor 
 wretches groaned under, but (finding it printed in 
 a French book) he believed, and gravely told the 
 Congress, there is a great mountain of salt in Louii 
 siana. Mr. Jefferson has also the misfortune to be 
 a schemer, perpetually occupied with some strange 
 outof-the-way project. If this were confined to 
 speculation, it would be a harmless foible; but he 
 tries to carry his projects into effect. Sometimes 
 he prevails on the Congress to adopt them, and 
 then poor sailors are sent a-ducking over the ocean 
 in gun boats. At other times he is less successful, 
 as when he proposed to stow away ships of the 
 line upon shelves. He labours also under such 
 defect of mental vision, that he seldom sees ob- 
 jects in their natural state and true position: just 
 as when we look through a fog, many things near 
 us are not perceived, and those we see appear 
 larger and nearer than they really are. 
 
■-.. 
 
 
 .5 
 
 i 
 
 !i,[ 
 
 I'' 
 
 12 
 
 We have said Mr. JeiTerson is not deep in any 
 science, lie is more deficient in that of politic! 
 than in any other; and indeed it is impossible he 
 should ever become a statesman ; because a clear, 
 distinct, and comprehensive view of objects, with 
 a ready conception of their bearings on each other, 
 is a needlal prerequisite. A second prerequisite is 
 so to weigh evidence, presumption and probability, 
 as properly to give or withhold our faith; in short, 
 to believe what we ought, and no more. A third 
 is never to indulge notions which have not expe- 
 rience to recommend them: for though it be pos- 
 sible that after the many years which history num- 
 bers, and the many thousand events it records, 
 something new in the science of ethics may be 
 discovered, it is not likely; and if it were, the 
 maxim of physicians should be adopted, to make 
 experiments on bodies of little value, and not on 
 the body politic. If any gentleman assume as a 
 principle that mankind can be governed by reason; 
 and insist, notwithstanding the evidence of all his- 
 tory, ancient and modern, sacred and profane, that 
 %ve may prudently rely on reason for the defence 
 of nations, we would advise him to commence a 
 course of experiments with his own family, and 
 see how far reason will go there. If successful, 
 let him proceed to those with whom he transacts 
 business. Let him reason them into the support 
 of his pecuniary or political views, without any 
 regard to their own interest. If again successful, 
 let him go or send to such a man as Bonaparte, 
 and tell him 'tis unreasonable that bovs should be 
 taken from their parents to I^ght and perish in the 
 
 'V, 
 
 i 
 
13 
 
 in any 
 :)oliticf 
 ible he 
 clear, 
 , with 
 other, 
 isite is 
 ibiiity, 
 short, 
 third 
 : expe- 
 )e pos- 
 num- 
 icords, 
 lay be 
 e, the 
 make 
 not on 
 : as a 
 ?ason; 
 ill his^ 
 J, that 
 ^fencc 
 ince a 
 , and 
 ?ssful, 
 isacts 
 pport 
 t any 
 :ssful> 
 3arte, 
 Id be 
 
 a the 
 
 plains of Poland. That, instead of employing large 
 armies, it would be cheaper and better to piclc 
 out a few able negociators, if any can be found 
 among his own subjects; but if not, to borrow 
 Messrs. Armstronj^ and Munro, and send them to 
 persuade the Emperor of Russia and King of Prus- 
 sia to surrender their dominions. That a proposi- 
 tion so reasonable in itself, and supported by so 
 much eloquence, could not be rejected. If Na- 
 poleon, being persuaded himself, should in this 
 quiet, friendly way persuade his brother Alexander, 
 the specific would indeed have the sanction of fair 
 experiment, and might safely be adopted. It would 
 surely be a great improvement. Happy condition! 
 without fleets or armies, judges or constables, laws 
 or executioners, to sit secure and happy under the 
 broad shade of reason ! But if it should prove, on 
 trial, that neither in a family, a city, a national as- 
 sembly, or with a leader of nations, the force of 
 reason can be relied on; if it should again, for the 
 ten thousandth time, be demonstrated, that what 
 has been true since the w^orld began, remains true 
 at the present hour, and the gentleman still insist 
 on his project, he could not be much respected as 
 a politician. But though Mr. Jefferson is not, and, 
 from the reasons just mentioned, can never become 
 a statesman, he is a man of great address. Hav- 
 ing a quick sense of danger, he has studied the 
 means by which it may be avoided. Knowing the 
 instability of popular opinion, he knew that to rely 
 on it was unsafe. He determined, therefore, to avoid 
 responsibility. This is the cardinal point by which 
 the course of hh adminiiitration has been directed, 
 
 I 
 
i 
 
 I' 
 
 
 \ i 
 
 14 
 
 with undeviating attention. Consistently with thii 
 plan, he associated the house of representatives in 
 the exercise of his functions. The leaders, to 
 whom he applied, were charmed with the mark of 
 confidence, and beyond all measure delighted with 
 that republican spirit which, instead of seeking 
 unlawful power, so freely and frankly discharged 
 itself of the lawful power with which it had been 
 invested. When, over and above that excessive 
 condescension, the patroi^age of office was laid at 
 their feet; when they were invited to select the 
 proper subjects for appointment; and when they 
 were told that they, the immediate representatives, 
 were the organs through which ^e wished to learn 
 that will of the people which it was his pleasure 
 and pride to obey, how could they suspect the mo- 
 tive to be selfish ? It was natural to believe the 
 fountain pure when its waters were so refreshing. 
 In this way, however, the house of representatives 
 was brought to initiate executive business, and, 
 taking responsibility from his shoulders, to invest 
 him with unlimited power. Like a sly animal in 
 the fable who likes roast chesnuts, but will not 
 put his paws in the fire, he crept behind the cur- 
 tain, and persuaded a friendly cat to undertake that 
 part of the business; content, provided he gets 
 the nuts, to leave with others all the honour of 
 raking them out of the embers. By this course of 
 conduct, Mr. Jefferson has not only injured the 
 constitution, and established a system of corrup- 
 tion; but (extending the web of intrigue to influ- 
 ence elections over the whole country) he has com- 
 posed a congress of such materials, that respect for 
 
 1 
 
 ti 
 
with thii 
 atives in 
 ders, to 
 mark of 
 ted with 
 seeking 
 icharged 
 lad been 
 xcessive 
 s laid at 
 lect the 
 len they 
 ntatives, 
 to learn 
 pleasure 
 the mo* 
 ieve the 
 reshing. 
 ntatives 
 >s, and, 
 ► invest 
 imal in 
 vill not 
 he cur^ 
 ke that 
 he gets 
 lour of 
 )urse of 
 red the 
 corrupt 
 o infiu- 
 as corn- 
 Dec t for 
 
 the national government Is much diminished. He 
 •has placed himself also in a state of dcpendance, 
 whereby he is driven to do unrighteous things, and 
 which disables him from becoming useful, should 
 any course of events restore him to the love of ho- 
 nest fame. 
 
 Of the other members of our administration 
 nothing need be said; neither shall we take notice 
 of those who are occasionally charged with com- 
 municating the President's wishes to the Legisla- 
 ture: a sort of ministers whom Mr. Randolph has 
 described in terms of no little acrimony. Having 
 mentioned this gentleman's name, we will add, 
 that he appears to possess, in an eminent degree, 
 some distinguishing traits of the Virginia charac- 
 ter : A lively genius, a bold spirit, a high and 
 haughty mind, with the habit of thinking for him- 
 self, and commanding others. Unfortunately for 
 him, he took up false notions at an early period, 
 and committed himself to such an extent, that he 
 finds it difficult to eradicate the impressions from 
 his mind, or free himself from the perplexities 
 with which they entangle his conduct. The exe- 
 cutive government, having studied his character, 
 were glad to employ him. He was their sword 
 and shield. But there were some vievi's and plans 
 which it was deemed unsafe to confide to a person 
 of his temper. Hisf indignation at the discovery 
 was exprest in terms not easily mistaken. But 
 though he flounces, he cannot break loose. He is 
 not deficient in personal courage; but he dare not 
 leave his party. Indeed, he is haunted by the pa- 
 nic tear, that the high and honourable sentiments 
 
1 
 
 •J 
 
 I 
 
 ^t^ 
 
 Is 
 
 ("■' 
 
 •W 
 
 I 
 
 16 
 
 he has expressed will lead the world to believe him 
 a federalist. This apprehension, though whimsical, 
 is not singular. It has, though with far less rea- 
 son, laid hold on a kind of up and down man wh» 
 writes letters to his constituents in Vermont. 
 
 ! I 
 
 :a 
 
\ 
 
 ilieve hirtt 
 vhimsical, 
 r less rea- 
 man wh« 
 
 ont. 
 
 THE 
 
 BRITISH TREATY, 
 
 1 HE gentlemen now In power used formerly to 
 insist that republics should have no secrets. Times 
 have changed, and they have changed with the 
 times Wg have secrets In abundance. Indeed, 
 we have little else. The state of our affairs 
 with foreign nations, and the conduct pursued to- 
 wards them, are concealed with sedulous attention. 
 But notwithstanding the care of our rulers, a cor- 
 ner of their curtain Is sometimes lifted up. We 
 have learnt a few state-secrets ; and may, perhaps, 
 in due time, bring them to light. For the present, 
 however, curiosity must rest satisfied with the Bri- 
 tish treaty; suspended, as every one has heard, on 
 doubts and apprehensions in the President's mind. 
 We make this communication, because, among 
 other reasons, stories have gone abroad which are 
 not true. We are far from desiring that our rulers 
 should, on all occasions, tell all they know. But we 
 think they should on no occasion give currency to 
 falsehood. The treaty is said to have been sent 
 back because a note delivered by the British nego- 
 tiators required us to make common cause against 
 France. No such note was delivered. It has been 
 reported also, that our non-importation law drove 
 the minister of his Britannic Majesty Into the re- 
 quired concessions. This also is among the things 
 
I 
 
 
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 I 
 
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 it! 
 
 I'l 
 
 fei: 
 
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 IB 
 
 which arc not. Without stopping to notice other 
 aberrations from truth, we proceed to give the pur- 
 port of that treaty, with a few observations. 
 
 The first article, Hke the first of that concluded 
 on the 19th November, 1791', by Mr. Jay, is merely 
 formal; and the second confirms the first ten arti- 
 cles of the old treaty. It is, therefore, proper to 
 give a glance at them. 
 
 The first, as is already mentioned, is merely for- 
 mal; and the second is executed. 
 
 The third gives to each party the right of passing 
 through the territories of the other, in America, 
 except within the limits of the Hudson's Bay Com- 
 pany. We find in it the following clause. " But it 
 ^* is understood, that this article does not extend to 
 " the admission of vessels of the United States into 
 '* the sea-ports, harbours, bays or creeks of his 
 " Maiesty's said territories, nor into such parts of 
 '' the rivers in his Majesty's said territories as are be- 
 tween the mouth thereof and the highest port of 
 entry from the sea, except in small vessels trading 
 " bona fide between Montreal and Quebec, under 
 '* such regulations as shall be established to prevent 
 " the possibility of any frauds in this respect: Nor to 
 *' the admission of British vessels from the sea into 
 " the rivers of the United States beyond tlie highest 
 ** ports of entry for foreign vessels from the sea. The 
 ** river Missisippi shall, however, according to the 
 *' treaty of peace, be entirely open to both parties: 
 and it is further agreed, that all the ports and places 
 on its eastern side, to whichsoever of the parties 
 " belonging, may freely be resorted to and used by 
 ** both parties, in as ample a manner as any of the 
 
 a 
 
 (( 
 
 (( 
 
 t( 
 
 St 
 
 ri 
 
 >! 
 
19 
 
 )tice other 
 ^e the pur ■ 
 ons. 
 
 concluded 
 , is merely 
 t ten arti- 
 proper to 
 
 lerely for- 
 
 of passing 
 
 America, 
 
 Bay Com- 
 
 " But it 
 
 extend to 
 iitates into 
 :s of his 
 h parts of 
 
 as are be- 
 st port of 
 ;ls trading 
 lec, under 
 :o prevent 
 :t: Nor to 
 e sea into 
 le highest 
 
 sea. The 
 ing to the 
 h parties: 
 md places 
 he parties 
 id used by 
 ny of the 
 
 ** Atlantic ports or places of the United States, or 
 " any of the ports or places of his Majesty in 
 '' Great-Britain." 
 
 T:ie foarih article, after mentioning that " It is 
 '* uncertain whether the Missisippi extends so far to 
 " the northward as to be intersected by a line to be 
 *' drawn due west from the Lake of the Woods, in 
 " the manner mentioned in the treaty of peace," 
 provides " for a joint survey of the northern part of 
 " that river;" and agrees, that, '* if ( i the result of 
 '* such survey it should appear that the said river 
 " would not be intersected by such a line," the 
 parties will regulate the boundary in that quarter 
 by amicable negotiation. 
 
 The fifth article, after mentioning that " doubts 
 ** had arisen what river was truly intended under 
 " the name of tlic River St. Croix," provides for 
 ascertaining that river, and the latitude and longi- 
 tude of its mouth and source. 
 
 The sixth, seventh and eighth articles have been 
 executed. 
 
 The ninth provides for persons holding lands in 
 the dominions of one of the parties who are sub- 
 jects or citizens of the other ; and the tenth is a 
 stipulation in favour of moral honesty, viz. that 
 neither party shall sequester or confiscate debts or 
 property in the funds, &c. 
 
 The third article of the new treaty provides for 
 and regulates commerce between the United States 
 and the British East-Indies, in the same terms as 
 the thirteenth article of the old treaty, except that 
 the words, and sailing direct from the ports of the 
 ^aid States are inserted in the first clause, which 
 
■:,t 
 
 'lii 
 
 ,A-1 
 
 •:* 
 
 '?! 
 
 I! 
 
 
 
 1 !BH 
 
 '20 
 
 now runs thus : " His Majesty consents that the 
 " vessels belonging to the citizens of the United 
 " States of America, and sailing direct from ports 
 ** of the said States, shall be admitted and hoNpitably 
 " received in all the sea-ports and harbours of the 
 " British territories in the East-Indies," &c. 
 
 'I'he fourth article of the new treaty is the same 
 as the fourteenth of the old one, and stipulates for 
 a general liberty of trade between the United States 
 and the British dominions in Europe. 
 
 The fifth article of the new treaty is the same 
 as the fifteenth of the old one (regulating the duties 
 on ships and merchandize), with two exceptions: 
 The first reserves to the United States the right 
 previously reserved to Great-Britain, of imposing a 
 tonnage duty equal to what shall be imposed by 
 the other party. The second is made by substitut- 
 ing a new clause for the reservation formerly made 
 by Cxreat-Biitain, of" the right of imposing on 
 " American vessels entering into the British ports 
 " in Europe, such duty as may be adequate to 
 ** countervail the difference of duty now payable 
 <* on the importation of European and Asiatic 
 ** goods when imported into the United States in 
 ** British or in American vessels." Instead of this, 
 the following words make part of the new article. 
 " And in the trade of the two nations with each 
 ** other, the same duties on exportation or impor- 
 •* tationot goods or merchandize shall be imposed, 
 ** and the same drawbacks and bounties allowed 
 *" in either country, whether the exportation or im- 
 ** portation shall be in British or American vessels." 
 The sixth article of the new treaty states that 
 
n 
 
 that the 
 * United 
 om ports 
 o^pitably 
 •s of the 
 :c. 
 
 the same 
 alates for 
 ed States 
 
 the same 
 he duties 
 :eptions : 
 he right 
 iposing a 
 posed by 
 aubstitut- 
 rly made 
 osing on 
 
 ish ports 
 quate to 
 payable 
 Asiatic 
 States in 
 i of this, 
 v^ article. 
 
 ith each 
 )r impor- 
 imposed, 
 
 allowed 
 3V\ or im- 
 
 vessels." 
 ates that 
 
 the parties cannot agree about our trade to the 
 Britiijli West -Indies; but that " while they willat- 
 ** tempt an amicable agreement, both may cxc^-j 
 •* cise their existing rights." 
 
 The seventh of this, like the sixteenth of the 
 other treaty, provides for the appointment of con- 
 suls, 8cc. 
 
 The eighth of this, like the seventeenth of the 
 other, provides for speedy decision on the capture 
 and detention of vessels suspected of carrying 
 enemy's goods or contraband of war. There is 
 added a promise on the part of Great-Britain, that 
 hereafter indemnification shall be granted tor un- 
 just seizure, for detention and vexation. 
 
 The ninth article is the same as the eighteenth 
 of the old treaty (respecting contraband), only that 
 tar and pitch are excepted from the catalogue, un- 
 less when going to a place of naval equipment. 
 
 The tenth article is the same as the eighteenth 
 of the old (respecting blockade), with the addition, 
 that passengers not in the military service of an 
 enemy shall not be taken and made prisoners. 
 
 By the eleventh article, citizens of the United. 
 States may carry European goods to the colonies 
 of enemies of Great-Britain (from the ports of 
 the United States), provided that both vessel and 
 cargo be bona fide American property, that the 
 goods shall have been unladen within the United 
 States, and that (in addition to that part of the 
 duty already reserved from the drawback on expor- 
 tation) the further sum of one per cent, ad valorem 
 on such goods shall be paid. They may also ex- 
 port from the United States to Europe, the produce 
 
 i 
 
«)' 
 
 
 ,►■ ' 
 
 Sif 
 
 I?: 
 i'r!) 
 
 ■i 
 
 n 
 
 Ui 
 
 ^ ji 
 
 i (fin 
 I pi h 
 
 ,1) I 
 
 •5 tt^il 
 
 11 
 
 iM 
 
 ■'ti.i 
 
 IP 
 
 22 
 
 ot colonics of the enemies of Great-Britain, pro- 
 vided they, being neutral property, shall have been 
 unladen as before, and that two per cent, ad valo- 
 rem bo paid on cxj)ortation in addition to what is. 
 reserved on the drawback. After the expiration 
 of the treaty, all antecedent rights on these subjects 
 are to revive. 
 
 The twelfth article extends to ships of Cfrcat- 
 Britain, and of all nations who shall adopt the 
 same regulation, the protection of our neutrality 
 from a marine league to five miles from our shore. 
 
 The thirteenth article is substantially the same as 
 the nineteenth of the old treaty, regulating priva- 
 teers. 
 
 The fourteenth Is the same as the. twentieth of 
 the old treaty, respecting pirates. 
 
 The fifteenth article of this treaty, like the twenty- 
 first of the other, prohibits the subjects or citizens 
 of one party to accept commissions from enemies 
 of the other, and to commit acts of hostility. 
 
 The sixteenth, like the twenty-second of the 
 other, forbids reprisals before a demand of satis- 
 faction. 
 
 The seventeenth is the same as the twenty-third 
 ©f the old treaty, which, after stipulating that "the 
 " ships of war of each of the contracting parties 
 *' shall at all times be hospitably received in the 
 *' ports of the other," provides that American ves- 
 sels driven by " stress of weather, danger of ene-^ 
 " mies, or other misfortune," to seek shelter, shall 
 be received in ports into which such vessels could 
 not ordinarily claim to be admitted. This stipu* 
 liition is now made reciprocal. 
 
2TJ 
 
 ain, pro- 
 avc been 
 . ad valo- 
 ) what is. 
 
 xpiratlon 
 c subjects 
 
 )f Grcat- 
 dopt the 
 icutrahty 
 ir shore, 
 e same as 
 ng priva- 
 
 ntieth of 
 
 e twenty- 
 r citizens 
 
 enemies 
 ity. 
 1 of the 
 
 of satis- 
 
 nty-third 
 hat "the 
 
 parties 
 d in the 
 ican ves- 
 
 of ene-T 
 :er, shall 
 ■Is could 
 is stipu* 
 
 The eighteenth article, like the twenty-fourth of 
 the old treaty, prohibits the armament ot privateers 
 bclnn^rin^r to th.e enemies of either, and th^' sale o\ 
 their prizes in j^orts of the other party. 
 
 The nineteenth is the same as the twenty-fifth of 
 the old treaty, permitting ships of war to bring in 
 their prizes and take them awav again without pay- 
 ment of duties, and prohlbiiing the entry of ships 
 of the enemies of either party, which shall have 
 made prize, unless driven by stress of weather; in 
 which case they are to depart as soon as possible. 
 
 The twentieth is the same as the twenty-sixth ol 
 the old treaty, providing for merchants and others 
 in one countrv when war breaks out with the 
 other. 
 
 The twenty-first of this, like the twenty-seventh 
 of the other, relates to giving up j)ersons charged 
 with murder or forgery. 
 
 The twenty-second is a new article respecting 
 shipwrecks, and promising humane treatment. 
 
 The twenty-third secures to each the rights of 
 the most favoured nation, and declares that " all 
 " treaties hereafter made by either with any nation, 
 '* shall ipso facto be extended in all their fiivoura- 
 ^' ble operations to the other.'* 
 
 The twenty-fourth engages to join in abolishing 
 the slave trade. 
 
 The twenty-fifth contains the stipulation that this 
 treaty is not to interfere with antecedent engage- 
 ments. And, 
 
 The twenty-sixth limits the duration to ten years 
 from the exchano:e of ratifications. 
 
 It is dated the 31st December, 1806 i but pxo^ 
 
24 
 
 m 
 
 a I4 
 
 
 I'll 
 
 1 << 
 
 
 
 vious to the signature two notes were given, by the 
 British to the American commissioners. The first 
 keeps open for future discussion a claim of Britain 
 not to pay more on goods sent from Canada or New- 
 Brunswick, into the territories of the United States, 
 than is paid on the importation of such goods in 
 American shiDS. The second note declares that 
 the King of Great-Britain has directed his commis- 
 sioners, before they sign the treaty, to dehver that 
 note, in order that a fair understanding may be had 
 by all parties of his Majesty's views, in consequence 
 of the blockading decree, to which the attention 
 of the American commissioners is invited- The 
 decree is so recent in point of time, and so novel 
 and monstrous in substance, that his Majesty is at 
 a loss to calculate on events: but supposing, how- 
 ever, that it will be formally abandoned or totally- 
 relinquished by Bonaparte, or in case he is mis- 
 taken in that supposition, he rests with confidence 
 on the good sense of the government of the United 
 States, that they will not submit to aft innovation 
 so destructive of the rights of neutral commerce. 
 Should he, however, be mistaken in all these points, 
 and the enemy should actually carry into execution 
 his threats, and neutral nations acquiesce in such 
 usurpation, he may probably, though reluctantly, 
 be obliged to retaliate. The treaty secures to the 
 United States so many privileges of neutral com- 
 merce, that at a time when his Majesty and all neu- 
 tral nations are threatened with such extension of 
 belligerent pretensions from his enemies, without 
 any explanation from the United States what they 
 will do in case Bonaparte attempts to force on them 
 
 !i:ll 
 
i 
 
 en, by the 
 The first 
 of Britain 
 a or New- 
 :ed States, 
 goods in 
 lares that 
 s comtnis- 
 sliver that 
 ay be had 
 ^sequence 
 attention 
 2d. The 
 i so novel 
 jesty is at 
 ing, how- 
 or totally 
 le is mis- 
 onfidence 
 le United 
 movation 
 ommerce. 
 se points, 
 execution 
 e in such 
 luctantly, 
 res to the 
 tral com- 
 d all neu- 
 ension of 
 , without 
 ^'hat they 
 I on them 
 
 25 
 
 his decree, his Majesty must reserve to himself to 
 act according to contingencies in that particular, 
 the signing of the treaty notwithstanding. And as 
 the distance of the American commissioners from 
 their government renders a previous explanation 
 impossible, his Majesty authorises his commis- 
 sioners to finish the treaty. This is done under the 
 fullest persuasion, that, before the treaty returns to 
 Europe from America ratified, time will discover 
 the formal abandonment or tacit relinquishment of 
 the enemy of his pretensions; or in case that should 
 not take place, that the government of the United 
 States, by their conduct or assurances, will secure 
 his Majesty that they will not submit to innovations 
 so destructive of maritime rights. But in case 
 Bonaparte enforces his decree according to its tenor, 
 and if neither by the assurances nor conduct of 
 America a disposition is shown to oppose it, his 
 Majesty wishes it to be fairly and clearly understood, 
 that he will not consider himself bound by the sig- 
 nature of his commissioners to ratify; or in case he 
 ratifies, he will not and cannot be precluded from 
 adopting such measures as may seem necessary for 
 counteracting the designs of his enemy, whenever 
 they shall occur, and be of such an extraordinary 
 nature as to require extraordinary remedies. 
 
 Before we notice particular parts of this treaty, 
 it seems proper to observe that the signature of 
 ministers, confidential agents, under immediate 
 control of the chief executive magistrate, imposes 
 on him the duty to ratify what they have done. 
 Cases may indeed be put in which this duty, re- 
 sulting from principles of good t^ith, does not at- 
 
.;' ^ •■' 
 
 tach. Thus, when the agents employed have either 
 foolishly or corruptly betrayed their trust, and vio- 
 lated their instructions, he from whom their autho- 
 rity was derived has in reason and conscience the 
 right to disavow them : for it is well understood 
 that the general power conferred by his commission, 
 on a diplomatic agent, is specially limited by his 
 instructions; so that if he promise what they do 
 not authorize, his principal is not bound by the 
 unauthori^zed engagement. Hence the prudential 
 reserve, that treaties shall be ratified before they take 
 effect. But in a case of this sort, it follows of course, 
 that the agents be recalled :is well as disavowed. 
 Otherwise it is fairly to be inferred that they have 
 not exceeded or varied from their instructions, but 
 that their master breaks his faith to remedy the 
 mischief resulting from his improvidence. 
 
 It cannot be forgotten how strenuously the gen- 
 tlemen now in power used to insist that America, 
 happily placed at so great a distance, should keep 
 herself free from the negotiations and the wars of 
 Europe. The phrase was " let us have nothing to 
 " do with them." A respectable federalist once 
 Replied. " Very well gentlemen. But how will 
 " you prevent them from having something to do 
 " with you?'* Indeed this, like other maxims of 
 the same origin, is not only questionable on the 
 ground of policy, could we conform to it, but is 
 utterly impracticable. It was used however with 
 considerable advantasfe on certain occasians. If 
 for instance it was said of any one whom these 
 gentlemen did not like, he is well versed in the 
 political concerns of Europe, it was promptly and 
 
JL 
 ^ 
 
 ve either 
 and vio- 
 ir autho- 
 ence the 
 ;derstood 
 imission, 
 d by his 
 they do 
 d by the 
 rudential 
 they take 
 f course, 
 lavowed^ 
 hey have 
 ons, but 
 ledy the 
 
 the gen- 
 Vmerica, 
 ild keep 
 
 wars of 
 )thing ta 
 St once 
 ovv will 
 ig to do 
 xims ot 
 
 on the 
 t, but is 
 ^er with 
 ans. J{ 
 a these 
 in the 
 )tly and 
 
 2T 
 
 pertly asked. What have we to do with Europe ? 
 And if it was observed that such men should be 
 employed to negotiate our treaties, the complete 
 answer was. We want no treaties. Sometimes it 
 was added, with characteristic sagacity, let us 
 take care of ourselves. But how? Without entering 
 into broad questions of expedience, or examining 
 how far we should connect ourselves with other 
 nations, vve shall only remark, in this place, that 
 our administration after publishing those notions 
 as sage maxims of state, year after year before 
 thev came into ofHce, have been occuoied in ne- 
 gotiation ever since. With what ability we pre- 
 sume not to say. With what success will .hereafter 
 appear. 
 
 A prudent man called on to transact business 
 with which he is unacquainted, applies to skilful 
 persons for assistance. But if in the common 
 affairs of life, with which all are in some degree 
 conversant, y)rudcnce dictates the propriety of em- 
 ploying agents of skill and experience, how much 
 more are we called on to entrust such persons alone 
 with the negotiation of national concerns ; seeing 
 that these can be but little known to the greater 
 part of mankind. It would require a diplomatic 
 treatise to show in hovr many ways an ignorant 
 negotiator may be deceived, to the injury of those 
 whom he represents : a treatise which such ne* 
 gotiator would perhaps disdain to read, and which 
 would therefore be useless, for able men do not 
 w^ant it, and the great mass of the community 
 have sufficient employment in their own concerns. 
 To give, however, some general idea on this subr 
 
 % 
 
'' '!' 
 
 m 
 
 
 ■t 
 
 
 'if 
 Ml* 
 
 ''SI- 
 lilj 
 
 n 
 
 ri 
 
 2» 
 
 4 
 
 ject, we will take one of the usual stipulations in. 
 a commercial treaty, viz. that which grants to 
 both parties all the rights of the most favoured 
 nation. This seems, at the first blush, fair and 
 equal. Whether it be so in reality, must depend 
 on what those rights are; and to acquire a 
 knowledge of them, the treaties which each has 
 formed with other nations must be carefully ex- 
 amined. That we may not, on this occasion, 
 offend any particular sect of politicians, we shall 
 seek an example in the farthest regions of Asia. 
 The Emperor of China opens to foreigners only 
 one port in his dominions, where he treats them 
 all alike. All participate in the scanty permission 
 to trade with an exclusive company of Chinese 
 merchants ; and all feel the contempt of that peo- 
 ple and government for every stranger. Let 
 us suppose a treaty made with the Emperor, 
 by the United States, in which the above men- 
 tioned clause should be inserted j and let us also 
 suppose, that by a treaty with some other power, 
 Prussia for instance, reciprocal liberty of trade had 
 been given ; each party paying in the ports of the 
 other no greater or other duties than native citi» 
 zens. The Emperor might in that case claim for 
 his subjects a right to trade with every part of 
 our country as freely as our own citizens, and yet 
 confine us to a single port of his dominions, per- 
 mit us to trade with none but particular merchants 
 in that port, and oblige us to pay higher duties 
 than his own subjects. True it is, we might object 
 to his claim, and insist that he should pay for a 
 {ret trade with us the same reciprocity with whicb 
 
 dK 
 
29 
 
 Illations in 
 grants to 
 ; favoured 
 fair and 
 st depend 
 acquire a 
 each has 
 re fully ex- 
 occasion, 
 we shall 
 s of Asia, 
 jners only 
 reats them 
 permission 
 )f Chinese 
 that peo- 
 Let 
 Emperor, 
 bovc men- 
 let us also 
 ler power, 
 " trade had 
 orts of the 
 lative citi* 
 2 claim for 
 jry part of 
 IS, and yet 
 ions, per- 
 merchants 
 jher duties 
 ight object 
 pay for a 
 rith whicb 
 
 O'er. 
 
 is ' 
 
 it had been purchased by Prussia. We will not 
 enter into the argument, because the main bearing oi 
 it is not now before us. AVe mean only to show, by 
 a plain case, that he who negotiates a commercial 
 treaty ought to know something of the situation in 
 which the other contracting party stands. It would 
 not be amiss, also, that he should know a little of 
 commerce and of the law of nations. 
 
 We proceed now to make a few observations 
 ©n the treaty above communicated ; and, for the 
 greater perspicuity, shall notice in their order the 
 provisions it contains, and then something which 
 it does not contain. 
 
 On the first and second articles of the old treaty 
 there is nothing to be said ; but the third merits a 
 little attention. It is, however, to be premised, that, 
 standing among those which were made perpetual, 
 the British negotiators might have objected, had 
 it been proposed on our part to expunge it ; al- 
 though by the course of events it had become void 
 in some respects, and unreasonably burthensome 
 in others. These events, however, entitled us to in- 
 sist on certain modifications. It will be recollected 
 that this article, after granting the reciprocal right 
 of passing through the territories of each other in 
 America, formally excepts the country lying within 
 the limits of the Hudson's Bay Company, and (in 
 consistence with the British colonial system) pro- 
 hibits American ships from entering the ports or 
 navigating the rivers of his Britannic Majesty ; 
 with this single exception in our favour, to pass be- 
 tween Quebec and Montreal in small vessels, sub- 
 ject to British regulation:>» We, on the other hand. 
 
 U 
 
oO 
 
 
 • :M 
 
 ■ ''I 
 
 It. ;JI- 
 
 '■■V' 
 
 
 i\' 
 
 : 
 
 li 
 
 give them a right to enter all our rivers, and to 
 navigate freely to the highest ports of entry. But, 
 with respect to the Missisippi, it was stipulated 
 that it should remain (according to the treaty of 
 peace) open to both parties, with a reciprocal 
 right of resort to all the ports and places on its 
 eastern side. 
 
 A person who cursorily views the subject may 
 wonder at the last mentioned stipulation : and in- 
 deed the clause relating to the Missisippi in the 
 treaty of peace itself, has, to some, been a matter 
 of surprise. Information, therefore, may not be 
 improper. It is well known, that, by the treaty of 
 peace, the Missisippi, down to the thirty-first de- 
 gree of north latitude, became our western boun^ 
 dary ; and that by the provisional articles executed 
 the 30th November, 1782, (long before the peace 
 between England and the other belligerent powers) 
 it was stipulated that they should be inserted in 
 and constitute the treaty of peace. This, however, 
 was not to be concluded until terms of peace 
 should be agreed on between Britain and France. 
 These were so long on the anvil, that our definitive 
 treaty was not concluded until the 3d of Septem- 
 ber, 1783; near a year after signing the prelimi- 
 nary articles. The Floridas had (as every one 
 knows) been ceded to England, in 1763, and 
 taken by Spain in the course of our revolutionary 
 war. It is an acknowledged principle of public 
 law, that conquest of territory is not complete 
 until a cession of it is made by the treaty of peace. 
 Britain had, therefore, when our provisional articles 
 were signed, a postliminary right to the Floridas j 
 
 I 
 
 I 
 
3, and to 
 itry. But, 
 stipulated 
 ; treaty of 
 reciprocal 
 ces on its 
 
 bject may 
 1 ; and in- 
 )pi in the 
 n a matter 
 ly not be 
 e treaty of 
 ty-first de- 
 tern boun^ 
 s executed 
 the peace 
 nt powers) 
 nserted in 
 , however, 
 of peace 
 d France, 
 'definitive 
 jf Septem- 
 prelimi- 
 every one 
 L763, and 
 olutionary 
 of public 
 complete 
 of peace, 
 lal articles 
 : Florid as j 
 
 3i 
 
 and she had the intention to enter again into pos- 
 session, which intention was communicated to us. 
 Consequently, when the British and American ne~ 
 gotialors stipulated with each other for the free 
 navigation of the Missisippi, each gave a real 
 substantial right, and each received a real substan- 
 tial compensation. That Great-Britain intended to 
 reserve to herself the Floridas, appears from a secret 
 article relating to them in the provisional articles ; 
 and her treaty with Spain was negotiated and 
 agreed to conformably with that intention. It was 
 stipulated that Spain should restore them, and re- 
 ceive an equivalent. But circumstances foreign to 
 the present inquiry, having led his Britannic Ma- 
 jesty to decline granting the equivalent proposed, 
 he at length consented to cede the Floridas in full 
 right to Spain. According to our construction of 
 the provisional articles, Spain received that country- 
 subject to the right of navigation which we had 
 acquired., She, however, might well contest the 
 point, because the grant was made to us by a 
 power not in possession at the time, nor at any 
 time after. The controversy with Spain respecting 
 that navigation cannot be forgotten. We of course 
 availed ourselves of every argument, and among 
 others asserted the supposed right of those who 
 dwell on the banks of navigable rivers to pass 
 through the territory of their neighbours in their 
 progress to the sea. This question, often agitated, 
 ha«j been decided differently, in fact, according to 
 the different relations of [)ower , but in principle 
 and general practice it has been held that no such 
 right exists. A strong cn^c in point is that of Dcn- 
 
 i 
 
I' 
 It* 
 
 32 
 
 i 
 
 mark, who exacts a duty from ships of all nations 
 passing to and from the Baltic. The grant of 
 Britain, therefore, being one ground of our claim, 
 then unsettled with Spain, Mr. Jay prudently in- 
 serted a recognition of it in his treaty. The stipu- 
 lation, in so far as it related to any right conferred 
 on Britain, was indeed a nullity ; because the 
 Missisippi, not extending so far north as had been 
 supposed, she did not possess one inch of territory 
 on its shores : neither had she any right, or even 
 pretext to enter its mouth, then in peaceable pos- 
 session of his Catholic Majesty. . < ;: , 
 
 Such was the state of things when the old treaty 
 was made ; but circumstances have materially 
 changed. We have purchased not only that part 
 of West-Florida which joins the Missisippi, but 
 the island of New-Orleans also. It is true, that, 
 from conduct which we shall not, on this occasion, 
 developc, we have furnished to Spain a good pre- 
 text, perhaps a good reason, for withholding our 
 share of West-Florida. But let those matters be 
 settled as they may, it is unquestionable that we 
 have acquired the right to exclude the British from 
 the Missisippi. Should it be pretended that the 
 stipulations in the old treaty give them a right to 
 navigate that river, it may be answered, first, that 
 those stipulations are made in reference to, and con- 
 formity with the treaty of peace ; and, secondly, 
 that our grant extended only to things which we 
 possessed, and can by no fair construction embrace 
 what we might afterwards acquire. This principle 
 of common sense forms an acknowledged maxim 
 of public law/ 
 
1 
 
 I natlorfs 
 grant of 
 n claim, 
 ::ntly in- 
 le stipu- 
 onferrcd 
 ause the 
 ad been 
 territory 
 or even 
 ible pos- 
 
 Id treaty 
 laterially 
 that part 
 ppi, but 
 le, that, 
 iccasion, 
 ood pre- 
 Jing our 
 tiers be 
 that we 
 ish from 
 that the 
 right to 
 rst, that 
 ind con- 
 ^conclly, 
 lich we 
 embrace 
 rinciple 
 maxim 
 
 33 
 
 We conceive it evident, therefore, that British 
 vessels have no more right to enter the Missisippi 
 than American vessels have to enter British harbours 
 in the West Indies. Whether it would be wise to 
 grant such right may be questionable; but certainly 
 we ought not to grant it without an equivalent, 
 much less in the very article, and, as it were, in the 
 same breath by which we renounce oiir claim to 
 enter and navigate the St. Lawrence. We have on 
 the shores of this river, and of its tributary waters, 
 a great extent of valuable land; yet, by the sweep- 
 ing clause which confirms without modification the 
 first ten articles of the old treaty, we should resign 
 all claim to navigate the St. Lawrence from the 
 sea, and afl?brd to the British a pretence to navigate 
 the Missisippi through its whole extent. Such 
 would, we presume, be the construction of Britisli 
 commentators. If denied on our part, it might 
 become the source of cavil, perhaps of quarrel. If 
 admitted, we should discover that the concession 
 of a great and valuable privilege had been unwit- 
 tingly made, without the slightest equivalent. 
 Should Great-Britain wish to trade with us on the 
 Missisippi, she would certainly pay for it, by grant- 
 ing us a like permission on the St. Lawrence. This 
 would do her no injury, nor even occasion any in* 
 convenience. Nay, it might, under certain circum- 
 stances, be advantageous to her. To us it is of 
 great and growing importance. Our territory on 
 the waters of the St. Lawrence is worth much more 
 than what we purchased from France, and have 
 now to dispute with Spain, under the name of 
 Louisiana. Ouj citizens who inhabit that part of 
 
 5 
 
 i 
 
i 
 
 ii..? 
 
 
 
 ■m't 
 
 ^y 
 
 S4 
 
 America, would be materially benefited if their 
 produce could be sent, in American bottoms, tree 
 from war-freij^ht and insurance, to seek the best 
 markets. They are at present confined to the ports 
 of Montreal and Quebec, where they must take 
 the prices British merchants choose to give, or 
 transport their goods one hundred and fifty miles 
 to Albany. 
 
 The fourth article of the old treaty was framed 
 to obviate difficulties in the second article of the 
 treaty of peace, fixing as our northern boundary 
 a line to be drawn due west from the Lake of the 
 Woods to the Missisippi. And the fifth wa^. 
 framed to obviate difficulties respecting our eastern 
 boundary. 
 
 Subsequently, however, to the year 1794, a 
 survey of the interior of America, by British mer- 
 chants established in Canada, under the name of 
 the North-West llompany, had proved that a line 
 due west from the Lake of the Woods would run 
 north of the Missisippi ; so that no further mea- 
 sures were needful to ascertain that point. The 
 River St. Croix, also, had been identified. Two 
 points, however, remained to be settled ; the line 
 from the Lake of the Woods to the Missisippi, and 
 the termination of that which was to run north 
 from the source of the St. Croix, on which depends 
 a large tract of country in the district of Maine, 
 Connected, also, with our eastern boundary, is an 
 object of little intrinsic value (Moose Island), but 
 important to the trade of Massachusetts, and to 
 the revenue of the United States. Another matter 
 of considerable importance, particularly to the State 
 
 1 
 
d if their 
 oms, tree 
 
 the best 
 
 the ports 
 
 lust take 
 
 give, or 
 ifty miles 
 
 s framed 
 le of the 
 30undary 
 :e of the 
 ifth was 
 r eastern 
 
 1794, a 
 
 tish mer- 
 
 name of 
 
 It a line 
 
 3uld run 
 
 ler mea- 
 
 t. The 
 
 Two 
 
 the line 
 
 "jpi, and 
 
 n north 
 
 depends 
 
 Maine. 
 
 y, is an 
 
 d), but 
 
 and to 
 
 matter 
 
 ;ic State 
 
 35 
 
 of New- York, had remained unnoticed. Thiswas 
 the asccrtaininoj those islands in Lake Erie, Lake 
 Ontario, and tlic River St. Lawrence, which belong 
 to the United States. Much time must elapse 
 before the north-eastern corner of Maine, or the 
 regions at the source of the Missisippi, can be cul- 
 tivated or sold ; but it was discovered in 1801, that 
 depredatinns were committed on islands in the 
 St. Lawrence, producing excellent white pine, and 
 on islands near the mouth of Detroit, covered with 
 valuable red cedar. It is moreover self-evident, 
 that a tract of doubtful jurisdiction, extending up- 
 wards of one hundred and twenty miles along the 
 northern frontier of New-York, from the village of 
 St. Regis to the head of Grand Isle, must impede 
 the regular course of justice, and encourage to the 
 commission of crimes by the hope of impunity. 
 In the first year of Mr. Jefferson's administration 
 this matter was brought before Congress, and, after 
 due investigation, appeared of such importance, that 
 *^ a sum not exceeding ten thousand dollars was 
 " appropriated to defray the expense which should 
 ** be incurred in negotiating with the government of 
 " Great-Britain, for ascertaining and establishing 
 " the boundary line between the United States and 
 " the British province of Upper Canada." This law 
 was approved by Mr. Jefferson on the third day of 
 April, 1802. The object of the Legislature could 
 not be mistaken, for the appropriation of money 
 shows they did not contemplate merely a conven-? 
 tion between the American minister in London 
 and the British cabinet, that would cost nothing. 
 The amount of the sum granted proves also that it 
 
4 
 ■ -•..I 
 
 8fl 
 
 was the intention of Congress to have the business 
 performed in a solid and durable manner. The 
 President must therefore have known, even if the 
 object had not been specially declared by those 
 who brought it forward, that it was the desire of 
 Congress to ascertain and vstablish the boundary 
 line by commissioners, who should repair to the 
 spot, designate the limits, and cause proper monu* 
 ments to be erected. Every one acquainted with 
 our public proceedings knows that a grant of au- 
 tlfority is considered as an injunction to perform 
 the act specified. That gentle manner of express-* 
 ing the public will was adopted from respect for 
 the first magistrate. Moreover, if the two houses 
 should require any thing which he deems improper 
 or inexpedient, he will of course withhold his as- 
 sent ; wherefore his approbation implies a promise 
 that he will comply with their wishes. Thus then 
 the law just cited amounts to an order of Congress, 
 and a promise of the President to ascertain and 
 establish the boundary between the United States 
 and Upper Canada. It remains to inquire whether 
 that engagement has been complied with ; and if 
 not, what were the impediments. 
 
 Instructions were given to the American minis- 
 ter in London, which embraced all the matters 
 above mentioned, excepting only those contem» 
 plated by the law. The minister accordingly 
 treated v/ith the British government; and such was 
 their confidence in him, and their liberality to* 
 wards us, that he w^as desired to frame a conven- 
 tion agreeably to his own wishes. He drew it in 
 the very words of his instructions, and it was 
 
37 
 
 ' business 
 er. The 
 en if the 
 by those 
 desire of 
 boundary 
 ir to the 
 er menu* 
 ited with 
 nt of au- 
 perform 
 express-* 
 spect for 
 ^o houses 
 improper 
 Id his as- 
 I promise 
 "hus then 
 [Congress, 
 tain and 
 ed States 
 ^\iiether 
 j and if 
 
 m minis- 
 matters 
 contem^ 
 ordingly 
 uch was 
 ility to* 
 conven- 
 ew it in 
 it was 
 
 immediately executed. Every thing asked wa*; 
 granted, and there can be no doubt that if the object 
 f)f the law had been brought forward, it would 
 have been as readily and as satisfactorily adjusted. 
 At present it remains as it was, the evils daily 
 increasing. 
 
 The convention, however, made complete provi- 
 sion for the subject matter of the fourth and fifth 
 articles of the old treaty. It fixed our eastern 
 boundary, settled the course of a line from the 
 Missisippi to the Lnke of the M^oods, and conw 
 firmed our title to Moose Island. It was duly sent 
 over to America ; was received, and was mentioned 
 by the President to the Congress as a satisfactory 
 arrangement. So far all went on smoothly. But 
 previous to a ratification, the Louisiana treaty came 
 forward, and seems at once to have fascinated our 
 administration. Instead of considering the condi- 
 tions of this costly bargain, they considered only 
 how they should secure the merit of making it to 
 themselves. And instead of adopting prudent mea- 
 sures to possess the valuable tract east of the Missi- 
 sippi, which was clearly within the grant, they set 
 their fancies to work in stretching the boundary 
 north and west, so as to reach the polar circle and 
 Pacific Ocean. Careless of the centuries which 
 must roll aviMy before we can populate our old do- 
 main, the President, in his anxiety not to loose one 
 acre of those prodigious deserts which extend from 
 Lake Superior to Nootka Sound, refused to ratify 
 the convention, lest it should be supposed that 
 something was thereby surrendered of what we had 
 purchased under the name of Louisiana. This may 
 
»«' 
 
 I* 
 
 I- 
 
 38 
 
 s^ccm incredible, and we will not vouch for the 
 truth. The true cause of his refusal mav be one of 
 those mysteries which it is convenient to hide from 
 the people. But it is a fact that the convention 
 was not ratified, and that the President assigned 
 for the omission the reason just mentioned. Whe- 
 ther it will satisfy our fellow-citizens we cannot 
 pretend to guess. Perhaps, like other things which 
 pass our comprehension, it may be sanctioned by 
 that confidence in h's wisdom which numerous in- 
 dividuals and respecta'^le bodies so eagerly an- 
 nounce to the world. We believe, and not with- 
 out reason, that it gave great umbrage to the Bri- 
 tish court. They considered themselves as trifled 
 With, and could not help considering those who 
 a km;nister our government as capricious and inat- 
 tentive to the rules of good breeding and the prin^ 
 ciples of good faith. When we compare the tenour 
 of the note above mentioned from his Britannic 
 Majesty, with this deportment of our President, 
 the advantage, we are sorry to say it, is all on the 
 monarch's side. His commissioners had agreed to 
 a treaty; but, at the moment of signing, a circum- 
 stance of extraordinary nature arose, leading to a 
 belief, that, should the claim set up by his enemy be 
 acted upon, and should we submit to threatened 
 plunder, the great duty of a sovereign to protect 
 his subjects IT ight compel him to adopt measures 
 of retaliation. Under circumstances of that sort, 
 the injury we might sustain would be justly impu- 
 table to our own conduct. AFe could not, therefore, 
 have complained : and no previous explanation on 
 his part was necessary. \et, so scrupulous was the 
 
 I 
 
 
 I 
 
 i 
 
 I 
 
 4 
 
39 
 
 King, so anxious that his reputation for good faith 
 should be not only unsullied but unsuspected, that 
 he provided against all possible imputation by a 
 clear and pointed declaration. Our President, on 
 the contrary, after ordering negotiation, after ob- 
 taining a convention in the very terms he had 
 dictated, and after publicly declaring his satisfac- 
 tion with it, all at once refuses to ratify. AVhat 
 excuse he may have made, or whether he made 
 any, wc pretend not to know ; but we hope he did 
 not assign the reason above mentioned; because 
 it is not only insufficient, but dangerous. It is pre- 
 dicated on the false position, that covenants respect- 
 ing territory we possess will be obligatory as to 
 that which we afterwards acquire. AYhence it 
 would follow, that the purchase of Louisiana, and 
 that which we are about to make of the Floridas, 
 must enure to the benefit of England for every 
 commercial privilege in the treaty of 1794. 
 
 Having taken this cursory view of the ten per- 
 manent articles in the old treaty, we proceed to 
 those matters, the provisions relating to which had 
 expired. It will be recollected that the gentlemen 
 by whom, and under whose auspices the new 
 compact was formed, had selected, from the whole 
 of Washington's administration, the treaty with 
 England as the object of their peculiar censure, 
 and most pointed crimination. That treaty, though 
 negotiated under circumstances of peculiar difficulty 
 and disadvantage, was devoted to popular odium 
 without examination. It was said to curtail our 
 trade, drain our treasury, surrender our seamen, 
 restrain our manufactures, discourage our agricu'* 
 
 
 \, 
 
 ^ 
 
 ■I 
 
 f V 
 I 
 
 '1 
 
 ■Jt I 
 
 I;; 
 
 H 
 
 M 
 
40 
 
 
 1.1 
 
 I If)* 
 
 •:1 
 
 
 ture, involve us in war, and degrade us to the 
 state of British provinces. That treaty, concluded 
 by a statesman of sound sense, consummate pru- 
 dence, and incorruptible honesty; approved by a 
 Senate of no mean talents, and ratified by the il- 
 lustrious Washington ; that treaty, for defending 
 which men respected for their discernment, their 
 judgment and fidelity, were exposed to the insult 
 of an enraged and misguided populace ; that treaty 
 is no more. After fulfilling the hopes of good men, 
 and falsifying the predictions of others ; after pro- 
 curing a surrender of the western posts, and thereby 
 terminating Indian wars; after closing the wound 
 our public faith had received, by laws contravening 
 the treaty of peace ; after obtaining, for injury done 
 to our trade by British cruisers, a compensation 
 greater tlian any thing which had ever been paid 
 by one nation to another ; and, above all, after 
 securing us from an alliance with France, by which 
 we could have gained nothing, but must, like 
 her other allies, after the loss of our wealth, our 
 commerce, our industry, and our morals, have 
 sacrificed our independence on the altar of Gallic 
 ambition; that misrepresented, decried, and vilified 
 treaty has expired. It expired when its enemies 
 had exclusive possession of the government; when, 
 by the influence of party, they had unlimited 
 power ; and when a majority of the people, re- 
 nouncing the use of reason, reposed in them un- 
 bounded confidence. It expired when England, 
 whom they had pourtrayed, in 1794, as on the 
 verge of bankruptcy, and in the last stage of de- 
 crepitude, was not only ladea with a how and 
 
 '1 
 
 -I 
 
 i 
 

 
 4A 
 
 accumulated burthen of debt, but was engaged 
 singly in a war against France, Spain and Hollands 
 America, on the contrary, had increased in strength 
 and wealth beyond all example, and possessed 
 resources beyond all hope. In a word, we were 
 released from our engagements with Britain, at the 
 moment of all others, when those now in power, 
 had their opposition been founded in reason or 
 truth, were bound to perform what they said it was 
 sd easy for their predecessors to accomplish ; and 
 for the omission of which, they branded with foul 
 imputation the ablest and best men in America; 
 men who would do honour to any age or nation. 
 In these circumstances it might be asked, if our 
 rulers have remedied (in 1806) the evils which (in 
 1794) they imputed to their predecessors as cri- 
 minal neglect. It might be asked whether England 
 had ceased to impress seamen from American 
 vessels, and permitted our ships to protect the 
 goods of her enemy ? Whether she had reduced 
 the impost on our raw materials, or taken off the 
 excess of duty on her own manufactures exported 
 to America, beyond what they pay on going to 
 other countries? Whether she has permitted us 
 to enjoy a free trade with her colonies, or modified 
 her navigation act in our favour ? Whether she has 
 discontinued the exercise of her right of search, 
 or relinquished her system of blockade ? To these 
 questions no satisfactory answer can be given. 
 We shall not, therefore, urge them. It is not our 
 object to be severe ; for if it were, we should 
 sav. Gentlemen, you complained of sacrifices made 
 
 by the treaty of 1791-^ and not only opposed the 
 
 :': 1"' 
 
 M 
 
 
 lit 
 
 m 
 
 Pfi 
 
l> 
 
 42 
 
 tatitication, but tried hard to excite opposition 
 after it had been ratified, and thereby become the 
 supreme law of the land. Now, then, point out dis- 
 tinctly those sacrifices, if you would exculpate 
 yourselves from the charge of uttering falsehood to 
 excite sedition. And having designated them, give 
 good reason for bearing patiently now, when 
 there is nothing to be gained, and nothing to be 
 feared, what you insisted should not be submitted 
 to then, for valuable consideration, and to avoid 
 impending danger. In the alternative to which 
 you have reduced yourselves, say ! were the Ame- 
 rican people deceived then, or are they betrayed 
 now ? This would be the language of crimination. 
 But we have no wish to criminate. Wq really 
 Irelieve these gentlemen complained so much be- 
 cause they knew so little. 
 
 We proceed, therefore, coolly and impartially to 
 examine what they have done, and to compare it 
 with what they denounced. If their work be better, 
 let them, notwithstanding the more favourable cir- 
 cumstances, have praise and glory. If worse, let 
 us pity and forgive. They insisted, that with respect 
 to our India trade, the old treaty had worked 
 material injury, by depriving us of privileges en- 
 joyed before — That it took away the benefit oi 
 coasting between the different ports of Asia, and 
 prevented us from supplying Europe with com- 
 modities direct from India~-That it was a grievous 
 hardship to be obliged to return home, and unlade 
 the cargoes of the East before they could be 
 vended abroad — 'That a little intelligence would 
 have taught our negotiator the importance of the 
 
43 
 
 privileges he gave up, and a very little firmness 
 have enabled him to secure them. To prove his 
 incapacity, or infidelity, it was observed, that im- 
 mediately after the treaty was made, an act of 
 the British Parliament bestowed gratuitously on 
 all the world, more than we had obtained by great 
 sacrifices. It was vain to reply, that what one law 
 had granted, another might resume — That to secure 
 great objects, by surrendering small ones, was 
 better than to leave both at the discretion of thuse 
 who might take them away — That although the 
 interest of Britain led her at that moment to per- 
 mit, that we and others should enjoy more than 
 she had granted to us by treaty ; yet her interest 
 might change, or new men might adopt new 
 measures, from false or partial views, from pique 
 or caprice. To this, and to every thing else, a deaf 
 ear was turned. The object was not to reason, 
 but to condemn, and therefore assertion was ac- 
 cepted for proof, and clamour for argument. Let 
 us then compare the third article of this new treaty 
 with the thirteenth of the old one, and see how 
 our India trade will stand. Worse than before — 
 much worse. Every old restriction remains, and 
 a new one is added of most serious eflfect. Our 
 vessels trading to India must now sail direct from 
 ports of the United States. Formerly they could 
 be fitted out and laden in Europe. They could 
 proceed from Germany or Holland to France and 
 Spain, take in brandy, wine and bullion ; thence 
 to Madeira, and so on. This cannot now be done • 
 they must sail diirct from the United States 
 
 Hi 
 
 ;■;.>■■ 
 
 'is 
 
 ?1 
 
 
44 
 
 
 it 
 
 m: 
 
 ■it- 
 
 <■ 
 
 It has already been mentioned, that the fifth 
 article of the new treaty contains regulations re- 
 specting the duties on ships and merchandize. To 
 estimate their worth, we must compare them with 
 provisions made on the same subiect by the fif- 
 teenth article of the old treaty. This reserved a 
 right to Britain of countervailing, by duties on our 
 vessels entering her ports, the excess of duties paid 
 on European and Asiatic goods in her vessels 
 entering our ports : a difference which operated 
 strongly in our favour, and made us almost the ex- 
 clusive carriers of articles for our own consumption. 
 Britain saw, with concern, the flourishing state of 
 our navigation ; and tried to restrain it by making 
 regulatioiis according to the right she had reserved a 
 But the attempt was vain ; for she could not lay a 
 burthen on the articles carried to her in our ships> 
 without injuring her general system of trade and 
 manufactures. Thus, although each enjoyed equal 
 rights, our's could be, and were, exercised with 
 advantage; her*s were useless. A difference of this 
 sort must exist, when nations, under circumstances 
 materially different, make reciprocal covenants of 
 the same import. Of this the new article before 
 us presents an instance of no common magnitude. 
 It declares that the same duties, drav^backs, and 
 bounties shall be allowed by both parties, in the 
 trade of the two nations, whether the exportation 6t 
 importation shall be in British or American vessels. 
 By these few, but .>otcnt words, our relative situa- 
 tions are completely reversed, and a few years of 
 peace would nearly annihilate our navigation. This 
 apparently liberal provision was always afavourtfe 
 
 I 
 
 f't 
 
46 
 
 object of the late Mr. Fox, whose intuitive ge* 
 nius saw clearly its effect. Indeed, rather than tail 
 of obtaining it, he was willing to open, on the 
 same terms, their West-Indies to our shipping. It 
 was a favourite also with our President, because 
 it has a sort of philosophic appearance : perhaps 
 also, because it seems to favour those who cul- 
 tivate tobacco. That it would injure them, as well 
 as every other class of the community, is evidt^nt, 
 both from reason and experience. It is evident from 
 reason, because that commodity must, like others, 
 be -reduced in price, when one nation has a mono- 
 poly of the trade j and that must happen when the 
 navigation of the world belongs to one nation. 
 It is evident from experience, because the price 
 of tobacco has advanced as American navigation 
 has increased. But without spending time in seek- 
 ing the reasons for particular opinions, let us ex- 
 amine the article. There was a time when ships 
 could be built in the United States cheaper than 
 in Europe ; and although they were navigated at 
 greater expense, yet the advantages of sailing de- 
 rived from their construction, and the superior 
 activity of our seamen, enabled us to compete for 
 freight with the Dutch and English. But circum- 
 stances have greatly changed. Ships, from the high 
 wages given to our mechanics, and the high price 
 to which timber has risen, cost more than m 
 Europe. Sails and rigging are out of all proportion 
 dearer, and so are seamen's wages. In time of 
 peace, insurance will also be cheaper on British 
 than on American ships. Thus, then, we arc to 
 c(Mit(^,d for the carriage of our produce, and of the 
 
 
 
46 
 
 1^ 
 
 P'- 
 
 articles we consume, with a nation possessing the 
 advantage over us in equipping and navigating .hips 
 as well as in the insurance. Perhaps it may be saia 
 that we can build as cheap as the EngUsh; and it 
 shall, for argument*s sake, be adm'tted that we 
 might build even a little cheaper. But this circum- 
 stance would be of little avail when opposed by 
 others so much more powerful. Nay, were they all 
 equal, the superior capital of Britain, and the re- 
 sulting lowness of interest, would be decisive in her 
 favour. It may be said that trade and money seek a 
 ievel, which in time would be found. In other words, 
 that the wages of ship-carpenters, black-smiths, rope- 
 makers, sail-makers, and seamen would fall so low, 
 from being out of employ, that notwithstanding the 
 higher price of hemp, iron, copper, duck and cord- 
 age, our merchants might (at some future day) re- 
 sume the contest with better chance of success. 
 Rare consolation! Our merchants being ruined, 
 and, in consequence, the dependent members of our 
 country *s commerce reduced to misery, these poor 
 people, to obtain bread for their families, must 
 work lower than men of the same description in 
 Europe, so as thereby to compensate the higher 
 price of materials: in which case a merchant may 
 begin again, if he shall have been so prudent or 
 fortunate as to save a little from the wreck of his 
 affairs. On general principles this result might be 
 admitted. But is it certain that our sailors would 
 remain idle rather than embark in British bottoms? 
 Is it certain that the numerous artificers now em- 
 ployed in building and equipping ships would 
 quietly starve, i Ubtcad of seeking other employment ^ 
 
47 
 
 Is it certain that young persons would continue to 
 learn trades of such little hope? We acknowledge 
 that different impressions are made on our minds. 
 We believe that the blow given to our trade and 
 navigation by this improvident concession, would 
 throw them back to what they were twenty years 
 ago. And we have no shadow of doubt, that by 
 the prostration of our commerce, every order of 
 our fellow citizens would be grievously afRicted. 
 
 But if the fifth article of the new treaty be of 
 such portentous import in itself, what is it when 
 connected with that which immediately precedes, 
 and that which immediately follows; or rather, 
 what is it not ? We have seen that our ships trading 
 to India must sail from and return to our own 
 ports; and that, in the trade of the two nations, 
 equal duties shall be imposed, be the ships British 
 or American. When these conventions are ratified, 
 nothing more will be needful for Britain, to perfect 
 her system, than to modify the monopoly of her 
 India Company, so far as to permit all her mer- 
 chants to trade freely with Asia, provided they do 
 not bring Chinese and India wares to Europe. A 
 British ship could then sail from London, pick up 
 in the way whatever might be needful to the assort- 
 ment of her cargo, trafHc along the coast of M.-^Ia- 
 bar and Coromandel, proceed to China, and ?.l 
 length come full fraught with tea, coffee, sugar, 
 spices, silks and cottons, to the United States. She 
 could undersell our own adventures in our own 
 ports, and return laden with our most valuable 
 commodities, and our coin, ta reward the industry of 
 +hose who live under a wise o-overnmcnt. If anv 
 
 "-*' 
 
 4 
 
 I 
 
 ■ u 
 
48 
 
 
 one shmild imagine that vvc couid trade to India 
 under such disadvantages, we intreat him to apply 
 for intormation to an inteUigcnt merchant in whom 
 he has confidence. We could show, by fc^cti 
 amounting to a demonstration, the truth of what 
 we advance; but it would occupy too much space. 
 We refer to merchants, without regard to their poli- 
 tical sentiments. But the India trade requiring 
 large capital, it is possible that small dealers may, 
 under the influence of envy, be not unwilling, that 
 foreigners should run off with the benefit which has 
 hitherto cheered and cherished our commercial en- 
 terprize. Let such persons look at the next suc- 
 ceeding article, which states, that as the parties 
 cannot agree about our trade to their West-Indies^ 
 they will attempt an amicable arrangement, and, in 
 the mean time, both may exercise their existing 
 rights. A more cutting irony was never perhaps 
 inserted in a national compact. What are the ex- 
 isting rights? That of the British is to exclude us 
 from their islands; a right they will certainly exer- 
 cise. If, in return, we prohibit them from bring- 
 mg the colonial produce from the islands direct to 
 us, we must go and fetch it from Europe; payings 
 of coarse, in addition to the prime cost in the 
 islands, a freight across the Atlantic in their ships. 
 But the mischief would not stop there. They would 
 not give us the trouble of fetching it, but would 
 themselves bring it out; for which we must also 
 pay. They could underwork us, for the reasons 
 already assigned ; besides, their ships, which must 
 otherwise come in ballast to take a cargo of lumber 
 to the West-Indies, or other bulky produce -of th 
 
 e 
 
49 
 
 the 
 
 United Stntes, would for a very light freight bring 
 us ram and sugar. Nay, they would have a still 
 greater advantage. Returning to Falmouth from the 
 West-Indies, they would only go through the cere- 
 mony of entry and clearance, and, saving all charges 
 and cofnrrtissiorws, come directly over to the United 
 States. To exercise our right, therefore, in this 
 way, would only do us mischief. It may, perhaps, 
 be supposed, by some, that we could supply out 
 Wants from the French Or Spanish islands. But it 
 isi easy to ^e that every other nation would be a« 
 €?agef to se^cure to itself the whole advjintage of if 9 
 colonfal trade as Great-Britain, and indeed we have 
 fotrtid it so by experience. Besides, it is a strange 
 way of conducting business to make a very bad 
 bargain with one, in the Very uncertain hope of a 
 better bargain with his neighbour. We have, how- 
 ever, another right which is not impaired by thet 
 Weeity. ft leaves us at liberty to make them pay 
 roundly on the export of our product to their islands : 
 but this would be a bounty on the agriculture and 
 arts of Canada and Nova-Scotia, than which- 
 fiothing could be more agreeable to the British 
 government. Such duty, howevef, cannot b6 laid; 
 for although the right is not impaired by the treaty, 
 the eXefcise of it is inhibited by the constitul On. 
 To say, therefore, with appatetit equity and equa- 
 lity, that both liiay exercise their existing rights, 
 is bittef mock-ery to men in our pinching 6ond^i- 
 tiort. ^ ^ ' - -• ■ ' 
 
 It has often^ been remark^ by observers of hu- 
 man nature, that the fond and foolish many (inf fhc 
 blindrtess of ignorant pa«siofi) run counter to their 
 
 7 
 
 ^1 
 
 
 "A 
 
 ■I, 
 
 
 
't) 
 
 Uif 
 
 II '1 
 
 'jvvn wishes, and do precisely what they strive to 
 avoid. If such inconsequence were chargeable 
 only on those who, enrolling themselves untler th(^ 
 banners of faction, have the prescriptive right to be 
 absurd, it would be so much in the common order 
 as not to deserve a moment's notice. But the bell- 
 weaihers of the flock are, generally speaking, as 
 poor and simple cattle as the rest. It is supposed 
 that they who direct our affairs, if they have any 
 special sen'timent beyond the desire to continue in 
 office, are moved by a snarling, snappish humour 
 towards England. Indeed, they have reason to be 
 somewhat angry with the British government, be- 
 cause its measures have defeated their claim to the 
 character of statesmen. It is certainly owing, in 
 soiT>e degree, to the efforts of that government, that 
 England has neither become bankrupt, nor been 
 enslaved, nor starved, nor subdued by France; fvH 
 which they have constantly predicted for the last 
 iifteen or twenty years, with a zeal and persever- 
 ance the more laudable, as they derived no support 
 from reason, truth or probability. Men who look 
 only skin-deep for motives, and take words for the 
 evidence of things, were led to suppose that they 
 who coupled Washington and Britain together, for 
 the sake of abusing both, were as much this cno 
 mies of one as the other ; and that when in power, 
 their measures would be fnarked by wrath again.sr 
 the lords of the ocean. But no opinion could 
 be more unfounded t so far at least as action h 
 concerned, the hostile temper,- if it really exist, 
 has prod iitied'Ginly acts of friendship and good will 
 There has indeed been much complaint, much 
 
le 
 
 61 
 
 U"Oss laHguage, and not a little of idle, empty 
 cnenace. But what evidence have our rulers given 
 ot a disposition to injure Britain, or even to secure 
 our country against her power? Have they prepared 
 a fleet to join other powers in vindicating the 
 Ii4:)erty of the sea ? Have they fortified our ports 
 against that aggression which we have to apprehend 
 from Britain alone? Have their regulations at home 
 or negotiations abroad assisted the spirit and enter- 
 prize which have raised us to be the second naval 
 and commercial nation ? Surely they have not. 
 They have boasted, negotiated, been flattered, and 
 ^uped. They have laid our commerce and naviga- 
 tion at the feet of Britain ; so that a stranger who, 
 deaf to the clamour, should attend only to the 
 conduct of our rulers, might suspect tiiat some of 
 that British gold, so much talked of, l]ad found its 
 way into their pockets. We take this occasion, 
 however, to declare that we harbour no such un- 
 worthy idea. 
 
 In the eighth article, after agreeing, as in the 
 seventeenth of the old treaty, that all proper mea- 
 sures shall be taken to prevent delay in deciding the 
 cases of ships and cargoes brought in for adjudlca^ 
 tion, on the suspicion of enemy's property or con- 
 traband of war, and in the payment or recovery of 
 any indemnification adjudged or agreed to be paid 
 to the master or owners; the British commissioners 
 have added, on the part of their sovereign, a pro- 
 mise, that hereafter indemnification shall be granted 
 for unjust seizure, and detention, and vexation. This 
 gratuitous covenant is a master-piece. The tribu- 
 nals were bound by the principles cf public law 
 
 •I 
 
 4. 
 
 n 
 
 '^ 
 
 i 
 
 'S' 
 
 
53 
 
 
 r 
 
 ii 
 
 t(J award, adjudge, and enforce p-rompt payment of 
 indemnification for the injuries specified. What, 
 then, is the effect of this promise ? It neither im- 
 poses a new obligation on the admiralty courts, nor 
 invests them with a new authority; but rather 
 impHes a doubt with respect to the law ; becausCi 
 if that be acknowledged, no auxiliary promise can 
 be required, unless indeed the national justice be 
 questioned ; in which case no promise can be re* 
 lieri on. Thus, then, the law, which, founded oa 
 reason and equity, would be liberally construed, is 
 reduced to a gratuitous engagement ; which being 
 penal, as regards delinquents, will be construed 
 strictly. Wherefore the power of the court remaiur 
 ing 3)8 it was, the exercise of it is restrained ; and 
 our right is rendered less clear, and must beeora^ 
 less productive. Such appears to us the necessary 
 effect of any such provision, be the form what it 
 may. But the British commissioners, by inserting 
 tae word hei^eafter, have taken from us the daina 
 to compensation for injury already sustained. And 
 our negotiators, by admitting that word, have given 
 up thousands due to their fellow-citizens. Ameri- 
 can suitors, in the British courts of Admiralty, 
 will now be told, that under the law of nations, as 
 it stood before this treaty, violence would have 
 been punished, and indemnification been granted 
 for injuries sustained; but, the two nations having 
 agreed to bury the past in oblivion, the hands of 
 the judge are tied up by the act of his superiors. 
 That he cannot grant, neither ought thty to ask 
 what the two governments have agreed to relinv 
 
53 
 
 The dexterity of the British commissioners Is 
 again displayed in the eleventh article. The ques- 
 tions which gave rise to a pamphlet called War in 
 Disguise, anr to a book v^^rittcn by Mr. Maddison, 
 are fresh in the recollection of all. This book, inr- 
 deed, as was shrewdly observed in the house of 
 representatives, gave up the matter in dispute at 
 the very outset. By quitting the ground of right, 
 derived from, and the appendage of national sovcr 
 leignty, to rely on a supposed general consent, 
 which results from convenience and changes with 
 circumstances, our Secretary of State unfortunately 
 played his game into the hands of his adversary. 
 We cannot admit, however, that a weak argument 
 shall destroy a good cause. The case has been stated 
 by others, whose reasons we will neither repeat Jior 
 tefer to ; because the question is recent, and be- 
 muse the general opinion (not only of America but 
 of Europe) is well established. The right of a 
 neutral to proceed from his own ports to those of 
 a belligerent, with articles his own property, not 
 contraband of war, is admitted 5 and the pretended 
 right to examine how he came by the goods, is con- 
 sidered as an odious usurpation. It is, we say, a 
 principle generally assented to, as resulting from 
 the nature of sovereignty, that no person sliall in- 
 quire into the means by which, or the place from 
 which property has been brought within the territory 
 of a neutral state, further than as it may serve to 
 cast light on the question, whether it belong to a 
 neutral or belligerent. This principle sjeems to be 
 so intimately blended with the national sovereignty, 
 that it cannot be surrcnderod. We have no view to 
 
 
 
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 m 
 
54 
 
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 I. 
 
 I; 
 
 the convenience or prafit of mercliants. On the 
 proper occasion we shall pay those gentlemen the 
 respect to which they are entitled; but we do not 
 consider this as the proper occasion. We are now 
 engaged in matter of a higher order than com- 
 mercial interest; one which is not to be tested by 
 considerations of profit and loss. We must, there'- 
 fore, examine the article in its relations to a national 
 right, which, in our opinion, it has surrendered. 
 
 It begins by permitting us to carry European 
 goods to the colonies of enemies of Great-Britain, 
 from the ports of the United States. Thus one point 
 is given up ; the right of trading freely from one 
 port of a belligerent to anpther; a right acknow- 
 ledged and asserted by all good writers on public 
 law. It is not our object to please a party, but to 
 establish truth. We anxiously wish that our country 
 may take a firm stand on principle: and th<it her 
 honour, dearer to us than the blood which warms 
 our heart, may not be oimpromised in a contest 
 of doubtful complexion. Wherefore, that we m-ay 
 be well understood, and that we may not be mis- 
 understood, we promise and acknowledge, that, 
 while the powers of Europe maintain their colonial 
 system, and relax from it occasionally under the 
 pressure of necessity, or from the prospect of ad- 
 vantage, there is a presumption that trade carried 
 on by neutrals, between a belligerent country and 
 her colonies, is merely a cloak and cover injurious 
 to the other belligerent. He therefore can, right- 
 ihlly, exact strong evidence that the property is 
 neutral. And since mel-aneholy experience proves 
 that, on such occasions, perjury appears at the call 
 
55 
 
 of intetefst, to protect fraud, it ought not to be 
 wondered at, that he should so far extend the force 
 of presumption as to receive it in contradiction to 
 testimony. When, under this aspect, the matter 
 is discussed with the neutral government, both 
 stand on fair ground. The neutral, whose right of 
 sovereignty is not questioned, will, from a aense 
 of justice, agree to regulations by which the pro- 
 perty in goods shall be more clearly ascertained. 
 And since, after all possible checks, fraud will he 
 con^mitted when the opportunities are inviting, 
 he may, from the same sense of justice, be induced 
 to admit, that the circumstances attending such a 
 trade arc sufficiently strong to justify the induction 
 of the belligerent. And it would not be at all im- 
 proper for him to agree on severe penalties, to be 
 exacted from those who persist in covering the 
 goods of one enemy from the pursuit of another. 
 We venture to believe, that this fair and candid 
 course would subserve the interest of the neutral 
 himself. If, how^ever, from an interested conni- 
 vance in the fraud, or from partiality to the other 
 belligerent, he will not enter into fair stipulations, 
 the rights of the adverse party not only remain, but 
 are strengthened; and he may justly extend the 
 exercise of them : always understood, that the neu- 
 tral, who thinks himself aggrieved may resort to 
 arms. In this fair course there is no assumption of 
 superiority on one side, no submission to insult on 
 ihe other. Th.e independence of the neutral is not 
 questioned; his sovereignty is not violated. The 
 tiscalresuit would, indeed, be the same, whether it 
 be aseunitjd as sufficient proof of French propertv 
 
 
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 if 
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 that ^oo<ls on hoard an American ship were going 
 from B )r<lt!aux to Martinique, or declared that the 
 trade not being |x*rmittcd in time of peace, the 
 property, though American, shall be confiscated; but 
 the <onse(jU('ncc, as it affects our honour^ would 
 be widely different. Besides, the former principle 
 i^ of necessity bounded within narrow limits ; but 
 the maxim, that a neutral shall carry on only his 
 usual and accustomed trade, may be extended so as 
 to embrace whatever the belligerent may desire. 
 Once ajjjree to it as a principle, and attempts to 
 limit the operation will be vain. Moreover, it must 
 bo always remembered, that a stipulation in one 
 treaty is more fatal to the question of right, than 
 the pillage of a dozen wars. The pillager may in- 
 deed v\tL\ as precedent, his former violence on 
 every new occasion. The argument that one injury 
 will iustitV another, has been frequently urged, and 
 as frequently refuted ; but when, by solemn com- 
 pact, one party acknowledges as a right the injurious 
 claim of another, he is bound by his own act, and 
 must submit to the consequence. 
 
 The article before us permits the carnage of 
 Iviropoan goods, from our ports, to the colonies 
 ot enemies ot Great- Britain, under three conditions. 
 The tirj,t is, that vessel and cargo are bcma fide 
 American property. This condition is proper and 
 consonant to public law. Had the subsequent re- 
 strictions been stated as conventional evidence of 
 that fact, thev would, in the present point of view, 
 h.ive been unexceptionable. Bat standing as they 
 do, distinct additional conditions tliev are the ac- 
 feuoN\L«i;dment, on our part, th.at we have not the 
 
 ' 
 
the 
 
 Wght to carn^ <-)ur own property from out olVu 
 ports to the colonies of a belligerent; an acknow- 
 ledgment which ought not to be made. 
 'The second condition is, that tht^ goods «;hal.1 
 have been unladen in the United States. Wcyc 
 another unfounded claim of Britain is admitted; 
 « claim which, with all the deference due by 
 citizetis of one country to the government of 
 aiiothei*, we presume to believe she was wrong to 
 make, because she would hafdly permit it to bf- 
 exercised against her own merchants. Wc feel a 
 strong persuasion, therefore, that if this point 
 ("which had beeri assumed by her courts) had been 
 proper1y"i*epTesented to her ministers, they would 
 haN^e ablahdoned it. But certainly, even if, Irom 
 •pvudetitifel motives, we should submit to such an 
 e^ercisQ of power, we ought never to acknowledge 
 that It is legitimate. The stipulation in this treaty 
 is predsely what Britain must desire, and every 
 way injurious to us In relation to our claims for 
 ihe past, her courts will say, you have delibi-rately 
 assented to our principles. In future wars they will 
 set it up anew, and insist, that as we submitted 
 before from rational conviction, (and we shall hardly 
 be disposed to stultify and brutify ourselves by 
 alleging that we acted from folly and fear,) wc 
 'Ought again to submit. But, should it so happen 
 that we, being at war, while Britain is at peace, 
 should claim the privilege she takes, her govern* 
 .ment would resist; and we should find ourselvc-r 
 in the wrong. They would frankly arimit, that, to 
 momote the* ir.terf^t'; of th'* wnr in which they 
 
 
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 58" 
 
 vrere engaged; they had found it necessary t# 
 make an extraordinary stretch of power. That we 
 had, indeed, complained, and our government had, 
 for the form sake, remonstrated ; but, wishing 
 well to their cause, and desirous of promoting 
 their success, as far as it could without breaking 
 with friends at home, or making enemies abroad, 
 had thought it on the whole most adviseahle to 
 submit. They would go on, in support of this as*- 
 sertion, to observe, that when matters came to be 
 adlusted, by treaty, an article was inserted con- 
 firmatory of the practice; But so far were the 
 parties from admitting any general principle, or 
 supposing that we should ever think of retaliating, 
 that the article related solely to us, provided for 
 a special case of the moment, and contained no- 
 reciprocal stipulation. We should then be politely 
 told, that, to make the cases analogous, we must 
 show that preponderance of force to which we had 
 thought it reasonable and just to submit. This 
 would be no easy matter. But, a matter much 
 more difficult would be to bend the high spirit 
 of England, and persuade her to brook national 
 degradation. While on this part of the subject, it 
 may not be improper to add, that the language 
 which, under the circumstances supposed, it might 
 be competent to Britain to hold hereafter, it is 
 competent to France to hold now. Our assent to 
 this unequal stipulation may be considered as evi- 
 dence of partiality. Our government may, in proof 
 of its love to France, quote its friendly professions ; 
 but, whether Napoleon and Benevento repose in 
 the President's professions that confidence which 
 
 
 {■■:■ 
 

 f 
 
 many among us express in his talents, may admit 
 of some doubt. 
 
 The last condition under which we are permitted 
 to exercise our right, is, that we shall lay an ex- 
 port duty of one per cent, on European goods 
 sent from the United States to colonies of the 
 enemies of Great-Britain. Hitherto the sacrifices 
 made affect only commercial interest and national 
 honour; objects for which much indifference has 
 formerly been expressed by some gre^t men of the 
 day. They freely declared, that tor neither they 
 would risque the chance, nor bear the expense of 
 war. They were, nevertheles*, loud in expressior.s 
 of love for the constitution. That constitution, once 
 the theme of their execration, is now the idol of 
 their affectioB. And with reason ; for they have 
 found out the secret of turning it to good account. 
 But the constitution says, in express terms, " no 
 " tax or duty shall be laid on articles exported 
 '^ from any State." And the treaty exacts, as a 
 condition on the carriage of goods from the United 
 States to the islands, that in addition, to the duty 
 reserved on exportation from the drawback, the 
 further sum of one per cent, ad valorem shall 
 be paid. We are not among those who con- 
 sider the restriction in our constitution as wise. 
 We know it to be among those which, unreason- 
 ably insisted on by some members of the national 
 convention, was submitted to by others, from 
 " that deference and concession which the pecu- 
 " liarity of our pohtical situation rendered indis- 
 " pensable." The clause, however, is there. Legis- 
 lative- iugenuity will no doubt be exerted, i^ 
 
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d<3 
 
 
 It'- 
 
 '.■'-- 
 
 needful, in retoncilifig it with the article oiF the 
 treaty. Merchants will perhaps be told there is no 
 compulsion. They may pay or let it alone. If they 
 pay, the custom-hoqse will give a certificate. If 
 not, they may depart and take their chance. Per-* 
 haps, in greater tenderness for the constitution, it 
 may be thought advlseable that the legislature be 
 silent, leaving matters to be settled between the 
 executive and the merchant. This would be an 
 excellent .ontrivance ; for it would enable the 
 president, with t'vo thirds of the Senate, who (as 
 every body knows) have unlimited confidence in 
 hin^ i: ! were chosen for that very reason, to tax 
 the good people of these United States ; provided 
 they can get the assistance of a st'^ut maritime 
 povv er. It might be asserted, on the part of Great* 
 Britain, that tht soldiers of Napoleon, who un- 
 del CO hardships scarcely credible, and have en- 
 ti.ated their enemies to terminate at once their 
 mis;:ry and existence, would certainly revolt, if 
 physical as well as moral means were not employed 
 to secure their obedience-^That the narcotic effects 
 of tobacco, which they use in profusion, have 
 astonishing influence in calming nervous irritation ; 
 wtience it is evident that Napoleon's, troops could 
 n<>t bear up under their calamities, without a pipe 
 of tobacco. This argument has the merit of re^ 
 siembling that by which it has been demonstrated^ 
 that France carries on the present war with sugar 
 md coffee received from this country. It would, 
 therefore, equally justify the prohibiting our mer- 
 chants to furnish the enemies of Great-Britain with 
 tobacco, under the usual penalty of confiscation. 
 
61 
 
 Atter a few months more of able negotiation, a 
 lew clause might be tacked to the treaty, allowing 
 tobacco to go free, provided an export duty were 
 paid of ten per cent. This would enable the col. 
 lectors, always, however, with the merchant's con* 
 sent, to levy the ten per cent. Experience has 
 praved, that, if no direct application be made by 
 the tax-gatherer, this enlightened nation cares not 
 what is collected, nor how it is applied. Some of 
 them, indeed^ suspect that possibly they may pay, 
 in the price of necessaries they consume, a smaU 
 part of the duty on imports. But this new contri- 
 bution would come so completely out of the mer- 
 chants, that it would be quite delightful. It might, 
 moreover, be applied at the discretion of the Presi- 
 dent, and save the necessity of asking Congress 
 for appropriations to objects undefined. This would 
 be another prodigious advantage. For although 
 such appropriations, once supposed to be uncon- 
 stitutional and dangerous, are now found to be 
 praper and very convenient ; yet some friends of 
 government feel a little squeamish, look a little 
 awkward, and have somewhat of a qualm in voting 
 for them. Wherefore, as it is troublesome to deal 
 with men of timorous conscience, it would be no 
 smnll improvement on our system, so to arrange 
 matters as that business might go on smoothly 
 without their assistance. It would, moreover, be of 
 use to the poor men themselves, who find it rather 
 difficult to satisfy certain troublesome creatures, 
 called constituents, that the new congressional game 
 of blind-man's-buff is altogether fair. Hitherto, in- 
 deed, they have got through tolerably nell by the 
 
 
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 i -v. 
 
 i 
 
 
 Jwd of that excellent word confidenec ; but sinae 
 nothinn; human is immortal, so it begins to be sus- 
 pected that confidence, even in the President, may 
 at length expire. Some new expedient, therefore, 
 ought to be adopted. And what so proper as to 
 raise taxes by treaty? 
 
 The article having provided for our trade with 
 the belligerent colonies, and prudently left the trade 
 from them unnoticed, as that, for any thing which 
 appears, Britain may seize colonial produce com- 
 ing from her enemy's ports to the United S.tates, 
 goes on to regulate the export of such produce to 
 Europe. It is permitted under conditions similar 
 to those just noticed. The goods must be unladen, 
 and they must pay an export duty of two percent- 
 ad valorem. Let it not, we pray, escape the reader's 
 notice, that the conditions imposed by no means 
 affect what is called the neutral carrying trade ; 
 that is to say, the unfair practice of covering, as 
 neutral, the goods of a belligerent. They neither 
 arise out of the right which one enemy has to 
 attack and destroy the commerce of another, nor 
 do they tend to check the abuses about which we 
 have heard such loud complaint. U, indeed, ene- 
 my's goods were subjected to the charges of land- 
 ing and relading, together with the duty on ex- 
 port, while bona fide neutral goods were exempted, 
 it would doubtless discourage the illicit trade. But 
 this was not the object. The whole scope and 
 tenor of the article is to lay our trade under impo- 
 sitions and disadvantag;es, so as to favour and en- 
 courage the trade which the English .by connivance 
 of their government), carry on with their enemies? 
 
 
63 
 
 We have before us a copy of royal instructions to 
 the Lieutenant-Governor of Jamaica, dated at St. 
 James's, the fifth day of July, 1«04, in the forty- 
 fourth year of his Majesty's reign. They run thus. 
 " Whereas we have thought it expedient that per- 
 ^' mission should be given to vessels belonging to 
 ** the subjects of his Catholic Majesty, having not. 
 " more than one deck, to trad(> between the free ports 
 " established in the island of Jamaica and the Spn - 
 *' nish colonies in America, accordinjj to the reg-uhi- 
 ** tions of the severaJ acts for estabLishins: free worts 
 " in our West-India islands, notwithstanding any 
 " hostilities that may occur; and whereas we hav« 
 ** thought it expedient, that, notwithstanding such 
 ** hostilities, permission should likewise be given to 
 ^' British vessels, navigated according to the laws 
 " now in force, to trade between the said free ports 
 " in the island of Jamaica and the Spanish colonies 
 " in America, provided such British and Spanish 
 " vessels shall have a license from the Lieutenant- 
 " Governor or Commander in Chief of the island of 
 *' Jamaica, ana provided such British and Spanish 
 " vessels shall import into the free ports in the island 
 " of Jamaica, such goods only as are hereafter enu- 
 " merated, viz. wool, cotton wool, indigo, cochi- 
 " neal, drugs of all sorts, cocoa, tobacco, logwood, 
 *' fustick and all sorts of wood for dyer's us;e, hides» 
 " skius and tallow, beaver and all sorts of fur?,- 
 ** tortoise shells, hard wood or mill timber, maho- 
 " gany and all other woods for cabinet ware, horses. 
 " asses, mules and cattle being the growth and pro- 
 " duction of any of the colonies or plantations irv 
 *' America belonging to the crown of Spain, and al] 
 
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 (C 
 
 " coin or IjLiilion, diamonds or precious stones, com- 
 '* \n^ from thence ; and provided such British and 
 •* Spanish vessels shall export from such free ports 
 *' only the said goods and -commodities, and also 
 ** rum, the produce of any British island, and also 
 all goods, wares, merchandizes and manufac- 
 tures, which shall have been legally imported, 
 except masts, yards and bowsprits, pitch, tar, 
 " turpentine, and all other naval stores and tobacco. 
 " We do hereby authorize you, our Lieutenant 
 '* Gevernor, or Commander in Chief for the time 
 *' being, of the island of Jamaica, to grant licences 
 ** accordingly. And do further require ana en- 
 join you to give all necessary encouragement and 
 protection to such Spanish vessels, and likewise 
 " to all British vessels trading between the free 
 " ports in the said island of Jamaica and the Spa- 
 " nish colonies in America, under the regulations 
 " herein before prescribed." 
 
 A perusal of these instructions will show the 
 true value of what has been said in courts, and 
 printed in pamphlets, about reducing the enemies 
 of Britain by destroying the resources of their 
 commerce, and about the injury done to her mili- 
 tary and naval operations by the unjust and unlaw- 
 ful interference of those wicked neutrals. Go to 
 th,e bottom of the Uusiness, and we find a mercan- 
 tile struggle for money, in which the government 
 assists by its power, its influence, and its negotia- 
 . tions. Mere counting-house politics. Not the most 
 . remote idea of injuring France or Spain, by inhibit- 
 ing an intercourse with their colonies, but a scheme 
 k> engross that trade to themselves. Accordingly, 
 
G3 
 
 when they negotiate with us, the s?ngle object is 
 to burthen and trammel our trade with such 
 charges and regulations as may give their mer- 
 chants a preference. Our riegotiators have kindly 
 gone along with theirs, and, in the excess of their 
 complaisance, have ceded, not only the interests of 
 trade, but the attributes of independence. 
 
 That nothing might be wanting to complete the 
 goodly work, this eleventh article closes with a 
 declaration, that, after the expiration of thr treaty, 
 (viz. in ten years) all antecedent rights on these sub- 
 jects arc to revive. And thus we acknowledge as 
 rights, provided the exercise be suspended for tea 
 years, claims which should never be admitted under 
 a:ny pressure of necessity. We may, nay, we must, 
 submit to superior powers unless, as in our war 
 for independence, it shall please the Almighty to 
 ^mile on and reward our resistance of oppression 
 by his holy favour. But there can be no necessity, 
 iisc or advantage in acknowledging oppression to 
 be justice. If we dare not resist, let us quietly sub- 
 mit. But let us not kiss the rod, or, like prisoners 
 of the inquisition, applaud its clemency while we 
 writhe in torture. - 
 
 The twelfth article, considering the love of peace 
 which our rulers profess, and the defenceless condi- 
 tion to which they have reduced us, passes all com- 
 prehension. It extends to Great-Britain, and to 
 all other rvations who will adopt the same regulation, 
 the protection of our neutrality from a marine league 
 *o five miles from our shores. This being agreed 
 Sily if a Spanish cruizer should, at four miles dis- 
 
 4 
 
 
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 J^. 
 
 i3, '» 
 
 N: 
 
 
 
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 ^nce, take a British ship, what are we to do? 
 According to the treaty she must be restored. Ac- 
 cording to genera! practice she is a good prize: And 
 if we may judge from experience, captors are more 
 inclined to keep bad prizes than to surrender good 
 ones. They would undoubtedly and justly refuse 
 to give up the British ship. The British minister 
 would as undoubtedly and as justly insist on the per- 
 formance of our stipulation. What are we to do? 
 Shall we go to war for the recovery of a British 
 fchip lawfully taken by a Spaniard, while we per- 
 mit the same Spaniard, and every one else, unlaw- 
 fully to take our own ships? Moreover, if the 
 President should determine to take and restore the 
 prize, what are his means? His frigates are fast in 
 ihe mud. He has no public force at command, and 
 it has been the undcviating' policy of his adminis- 
 tration not to have anv, lest he should be held ac- 
 countable for the use of it; or rather, for suffering 
 it to look idly on, while our fellow citizens are in- 
 sulted^ plundered, killed. What are we to do? 
 The British i-nsist. The Spanish refuse. Take 
 which side we will we must be in the wrong. The 
 President might indeed make excuses and apo- 
 logies. He is said to be able in that Hne. But 
 the English are not in the habit of receiving apo- 
 logies instead of cash. AVe should be charged 
 with perfidy. We should be threatened with re- 
 prisals. What are we to do? Nothing remains 
 but the old expedient of paying for peace. Con* 
 grcss must tifen appropriate to that object some of 
 the money collected from trade; for they have no 
 other. And thus our merchants, after bein^ pil- 
 
67 
 
 !aged by both parties, must pay them for pluihier-' 
 fng each other. 
 
 The clause in the twenty-third article which 
 declares, " that all treaties hereafter made by cither 
 *' with any nation shall, ipso facto, be extended in 
 *^ all their favourable operations to the other," is 
 very broad. By the second article of our treaty with 
 France, " the King and the United States mutually 
 ^ engage not to grant any particular favour to other 
 *'^ nations, in respect of commerce and navigation, 
 " which shall not immediately become common to 
 '* the other party, who shall enjoy the same freely 
 ** if the concession was freely made, or on allowing 
 " the same compensation if the concession was con- 
 " ditional.'* Our treaty with Sweden contains the 
 same clause. The unlimited terms of this new 
 stipulation, especially when compared with thosx? 
 more guarded of preceding compacts, will sup- 
 port a claim of Great-Britain to possess, without 
 compensation, privileges we may grant to others 
 for valuable consideration. To say the covenant is 
 reciprocal is a falacy ; for it is one thing to be re- 
 ciprocal in form and words, but anotlier to be re- 
 ciprocal in fact and effect. If we mistake not, it 
 is substantially the same as if we had stipulated 
 solely and gratuitously, that Britain shall enjoy every 
 privilege we may allow to any other nation. In- 
 deed, our agreement with France and Sweden, 
 though more fair, was not quite safe. Let it be 
 remembered that old nations have long since formed 
 their systems of finance, commerce and navigation; 
 which, by the aid of experience, and in the lapse 
 of time, ha VQ been made to accord with tbcijr 
 
h^ 
 
 i'i 
 
 B;; 
 
 
 111 
 
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 extent, population, soil, climate, productions and 
 manufactures. There is, then, little probability 
 that any change will be made, from which we can 
 derive advantage. But the case with us is widely 
 different. That our power and wealth must increase, 
 if our union be preserved, and we are governed 
 with tolerable discretion, can admit of no doubt. 
 We shall probably both acquire and grant privi- 
 leges in our diplomatic transactions. AVe ought 
 not, therefpre, to tie up our hands, by prospective 
 conditions with any nation, and least of all with 
 Great-Britain ; because she has long since brought 
 her commercial system to perfection. The covenant 
 on her part must be sterile. We can deriye no- 
 thing from it ; but are bound by it to treat with the 
 rest of the world under her pleasure, and for her 
 benefit. We preclude ourselves from granting an 
 exclusive privilege, whatever advantage might be 
 gained or evil avoided. If the proposition be made, 
 we must answer, it is not in our power j we are^ 
 already bound to Epgland, and must asl^ her per- 
 mission. 
 
 The twenty-fourth article presents to us a fail 
 flower of philospphy. We agree to join in abolish- 
 ing the slave trade. As ^ comment on this article,, 
 we take leave to introduce what we consider as a 
 contemporaneous exposition. In the British House 
 of Commons, on the twenty-third of February, not 
 two months after the treaty was signed. Lord 
 Howick (the British minister of foreign affairs), 
 after stating that the slave trade was both unjust and 
 impolitic, founded in robbery, kidnapping and 
 mqrder, and afforded incentives to the wcr^J p^v 
 
 >l 
 
69 
 
 Id 
 
 ^)> 
 id 
 
 id 
 
 'oioris and crimes, and therefore ought to be abo- 
 lished, added, that there were some general points 
 that had been adduced in its support to which he 
 was desirous of adverting. Amongst these was 
 the argument which had been urged with earnest- 
 ness, that the principle of the abolition of the trade 
 would lead to emancipation. To this objection the 
 mirrister frankly replied, that at present the negroes 
 were not in a condition to be immediately emanci- 
 pated ^ but he had no doubt, and would not conceal 
 liis opinion, that the effect of abolishing the trade 
 would be to abolish slavery itself. We are not the 
 advocates of slavery. We do nol: consider ourselves 
 authorized to hold our fellow creatures in bondage. 
 But we do not arrogate the right of judging others> 
 nor presume to make our conscience a rule for 
 theirs. We are bound by compact to our brethren 
 in the Southern States, and cannot in good faith 
 attempt to wrest from them what they consider as 
 property, and without which their other property 
 would be good for nothing. Nay, if we had law- 
 ful authority to emancipate the slaves south of Penn- 
 sylvania, we should, with the example of St. Do- 
 mingo before our eyeSj proceed with caution, and 
 tremble with the apprehension, that, in remedying 
 an evil we should let loose a legion of crimes. 
 Europeans can speculate at their ease on events so 
 distant as to appear more like history than action. 
 It is otherwise with men on the spot, who see the 
 rage of incarnate devils, and hear the shrieks of 
 their victims. AVhen statesmen of wisdom and ex- 
 perience speak the language of enthusiasm ^ when 
 tjiey who can resort to arms for a iew sfal^'-iins on 
 
 
 t 
 ill 
 
TO 
 
 \i. 
 
 I'l 
 
 
 the other side the globe, are thrown into spasms of 
 'jensibility for the sufferings of negroes, who are 
 dancing all the while to the sound of their banjoes, 
 there is reason to suspect something beside senti- 
 ment. If we take tlie trouble to examine facts, 
 we shall find the British colonies full manned with 
 Africans, while those of their rivals want hands. 
 St. Domingo must, when subdued, be peopled 
 anew. Moreover, if all these colonies were sunk in 
 the sea, it would but enhance the value and increase 
 the revenue of the British dominion"= in Asia. To 
 abolish the slave trade, therefore, is good sound 
 British policy. To bottom the measure in argu- 
 ment, on these efficient principles of interest, would 
 not sound so well as to boast of philanthropy, and 
 express the detestation of robbery and murder. 
 But what motive li^^Je we to rnake the above-men- 
 tioned compact, and what is to bo its effect? 
 Was each party, in the apprehension that his con- 
 science would not keep him to his duty, desirous 
 of bolstering up the moral sense with diplomatic 
 engagements? Or was it intended to preclude de- 
 bate in Parliament and in Congress? If domestic 
 operation alone was intended, diplomatic engage- 
 ments were neither necessary nor proper. The 
 respective legislatures should have been left at 
 liberty. If it was intended to form an alliance of- 
 fensive and defensive against the slave trade, our 
 ministers should have inquired a little into our 
 means and situation. Are we, we the pacific, to 
 commence a career of knight-errantry for black 
 dulcineas ? Are we, we who keep thousands in 
 bondage, to declare that no one shall follow our 
 
 ■i 
 
at 
 
 71 
 
 example ? Truly it would seem as if we we^e 
 doomed to fight for every thing except our own iiv- 
 terest, our own rights, and our own honour. 
 
 We pass over the rest of what this treaty con^ 
 tains, to consider what it does not contain ^ previ- 
 ous to which, however, we must observe that, 
 notwithstanding our willingness to excuse the admi- 
 nistration, by imputing its defects to the gentlemen 
 negotiators, we are deterred by a belief that such 
 imputation would be unjust. If, indeed, thosfi 
 gentlemen had been recalled, we should he ron- 
 vinced the fault was theirs. But they are continued 
 in office. The administration, therefore, consider 
 them as still deserving of confidence. They have 
 then conformed to their instructions, and the treaty 
 is such as they were directed to make. Hence we 
 are driven, in spite of oursel\ ;, to conclude that 
 what has been said is true — -That the treaty was 
 sent back, not from any disapprobation of its con^ 
 tents, but because it does not contain a relinquish- 
 ment, by the King, of his claim to take British 
 seamen from, the merchant vessels of America. If 
 it be true that our government have taken their 
 stand on this ground, and for the reasons just 
 assigned, this seems to be unquestionable, we ai'tt 
 brought to a point which demands our serious con- 
 sideration. If reason be against the British claim. 
 let it be resisted; but if otherwise, God forbid W(; 
 should engage in war to establish injustice. 
 
 The question is two-fold i whether England car* 
 rightfully compel her native subjects to n^an her 
 fleets, and (if so) whether she can lawfully exercise 
 ^hat right over such cf tlicm as are in the ships o'v 
 
 ^ 
 I 
 
 I 
 
'■.ft 
 
 f' "' 
 
 If , 
 
 p 
 
 It ^ 
 
 I. 
 
 
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 «l 
 
 another country, Let it be premised, ibal as they 
 pretend no right to take a native American, that 
 case is not within the scope of our inquiry. Let 
 it also be premised, that when nations are agreed 
 respecting matters of right, the way is open to 
 expedients for mutual convenience. Matters of 
 interest frequently interfere, and require appropriate 
 arrangements by mutual concession, for mutual 
 advantage. But matters of right are of different 
 nature and sterner stuff. They cannot interfere, 
 unless where nations are at war; because it cannot 
 be right for one to prevent what another has a right 
 to perform: Wherefore the right being established, 
 submission is implied. Were it otherwise, war 
 must be the natural condition of man; because the 
 rignt to do on one side, and the right to oppose on 
 the other, constitute precisely the state of war. 
 
 It is a first principle of every government, that it 
 can rightfully command the military service of its 
 citizens and subjects. If this be not admitted in 
 America, we are in a wretched condition. We 
 have no fleet ; we have not, and it is to be hoped 
 we never shall have, a standing army. If, there- 
 fore, *he militia cannot be compelled to defend their 
 country, what is to become of us ? 
 
 But it is said that, admitting the general princi- 
 ple, an exception is to be made in favour of those 
 who leave one State and swear allegiance to another. 
 The British government, however, insists, that no 
 man can divest himself of the duties which he owes 
 to his country. Other nations maintain the same 
 principio ; whicli, both by reason and by general 
 consent, forms a mavim of public law. The usual 
 
73 
 
 stipulation in treaties, that the subjects or citiiena 
 of one of the contracting parties shall not engage 
 m the military service of an enemy of the other, 
 rests on this foundation, and would, without it, be 
 an idle phrase. It is true that a different doctrine 
 is maintained by some who pretend to instruct us 
 in matters which concern our intellectual nature, 
 our moral duties and political rights; matters 
 which, having escaped the statesmen and sages of 
 antiquity, have (as they say) been lately discovered. 
 We, however, are not disposed to adopt novel doc* 
 trines, but presume that those who have gone be- 
 fore us, came into this world with as much sagacity 
 as those lately born. And we know that many of 
 them, with equal opportunities for reflectioti, had 
 greater advantages of experience in national affairs. 
 Putting aside, however, the objection of novelty^ 
 others present themselves to the most cursory ob- 
 server, which it would be tedious to enumerate. 
 Suppose that Arnold, after swearing allegiance to 
 the King of Great-Britain, had returned to thi« 
 country, and claimed the rights of a British subject. 
 Surely there would have been but one sentiment, 
 but one voice. Light minds may anuise themselves 
 in blowing up the bubbles of metaphysical wit, but 
 sober men will not stifle those chaste and righteous 
 sentiments which bind them to their country. 
 They will not permit rash innovators, ^* cloathed in 
 a little brief authority," to abolish maxims venera* 
 ble alike for their antiquity and wisdom. In a 
 word, they will not relinquish the undoubted right 
 of America to the militarv service of her citizens. 
 If; however, it should be deemed proper that each 
 
 10 
 
h 
 
 r 
 
 It I 
 If! 
 
 ^|J 
 
 ¥. ' 
 
 74 
 
 be at liberty to lake advantage A' the social com- 
 pact while it suits his convenience, and to release 
 himself from its obligations when called on to per- 
 form them, let it be so enacted. It will then be 
 law for us ; but it will not thereby become law for 
 other nations. 
 
 It may be said that man has a natural right to 
 change his country and his allegiance Bu', n will 
 be difficult to ad ice proof that \nl\ no.. equ\ally 
 prove each individual to be above rhe l-Tiv; or 
 what is tantamount, that each can, at hii plea re, 
 release himself from its authority : whence it must 
 follow, that the law, binding only th-ose who choose 
 to be bound, is a nullity ; a thing which not only 
 does not exist, but which cannot exist. And 
 after all, even if we should adopt that extravagant 
 theory, the difficulty must remain: other nations 
 will not dispute with us the doctrinal points we 
 assume to govern or to amuse ourselves 3 but they 
 will not permit us, under cover of our doctrines, 
 to invade their rights. It behoves us, therefore, 
 before we carry such notions into practice, to in- 
 quire whether we are prepared to force them upon 
 other nations ; for we must either embark in that 
 extreme project, or acknowledge the rights which 
 they exercise over their own subjects. So little, 
 indeed, are the advocates for the supposed right of 
 expatriation in harmony with therriselvet, that they 
 have, on a different but notable occasion, strongly 
 insisted that no one, nation has a right to interfere 
 in the domestic arrangements of another. We do 
 not admit this axiom, in its fullest extent, because 
 we conceive that when it is a domestic arrange- 
 
 i 
 
 I : -ft 
 
7c; 
 
 ment of one Datlon to subjugate others, all have a 
 right to interfere, on the common principle of self- 
 preservation. But no man, v,c believe, ever 
 claimed for Er. and a right to determine whpt laws 
 tliC French Rej-.ublic should make or repea' ;espect- 
 ing French ci; zenti Neither has it, as yet, been 
 directiv assei.ed that such powder can be justly 
 exercised over us by the French Republic. Wc 
 conclude, therefore, it will not be pretended that 
 we have such right over Britain. And if we have, 
 not, it must be admitted that an Englishman, 
 coming to America, comes subject to the obligations 
 imposed by the laws of his native country ; which 
 obligations are known, and of course excepted in 
 the compact by which he becomes an American 
 citizen. If this be admitted, and it can hardly be 
 denied, the difficulty about certain papers given to 
 seamen, and called protections, must vanish. The 
 protection cannot avail against the prior right Oi 
 his native country. Indeed, the facility with which 
 it is obtained, in many of our sea-ports, is a suffi- 
 cient reason why it should not be respected. It is 
 frequently granted to men just arrived from the 
 British dominions, whose language betrays the 
 fraud : and who, when afterwards questioned by 
 a British officer about the alleged place of their 
 nativity, cannot tell whether it is to be found in 
 New-England or Virginia, Surely it cannot be ex- 
 pected that a powerful nation^ whose existence is 
 staked on the chance of war, will be the dupe of 
 such clumsy contrivance. 
 
 It has been already observed that a British subject 
 cannot, according tp the laws of that country, dis-^ 
 
 
llf 
 
 I 
 
 t6 
 
 ofigagc himself from the obligation to render mili- 
 tary service; and that we cannot release him, be- 
 cause we cannot make or repeal the laws of Eng- 
 land. To this it will be replied, that, having uncon- 
 trolable authority to legislate for ourselves, our act 
 of naturali2;ation, by conferring the right of citizen* 
 ship, cancels anterior incompatible duties. And 
 this being a case in which supreme authority has 
 made contrariant provisions, the last must prevail. 
 Certainly it must, if they who made it had a right 
 to do what they are supposed to have done. Enough 
 has already been said on the right. We shall only 
 add here, that no question can arise while the party 
 continues in America, because the British govern* 
 ment cannot seize him within our territorial 
 limits. Neither can a question arise if he should 
 return home, because he would then be where we 
 have no jurisdiction. But it may be asked, what 
 will be the condition of an Englishman, naturalized 
 here, who may have been brought by force within 
 the power of his native country ? Unquestionably 
 it must be that which the law of England provides; 
 for we cannot interfere, unless he was seized in our 
 dominion. 
 
 Here, then, arises the second question, whether, 
 admitting that England possesses the right she 
 claims over her native subjects, it can properly be 
 exercised in American ships. Those who hold the 
 negative contend, that, taking a man from under the 
 protection of our flag is a violation of our territory. 
 It becomes proper, therefore, to inquire into the 
 nature and extent of this protection. And here 
 the first leading circunistance is the common right 
 
77 
 
 to navigate the ocean, whereby all are there at 
 home. It is by virtue of this right, that powers at 
 war take property of their enemies in a neutral 
 ship. The ocean belonging Jls much to the one as 
 to the other, if the neutral says the capture was 
 made in my dominion, the belligerent replies it 
 was made in mine: and the arguments to support 
 one assertion establish both or neither. Until 
 lately, it was not attempted to take enemy*s goods 
 in the territory of a neutral power; and it is worthy 
 of remark, that this has been done by the nation 
 which, for half a century, has urged the establish- 
 ment of a maxim, that neutral ships shall protect 
 enemy's goods. The conduct of Napoleon on this 
 occasion is rather an example to be avoided, than a 
 precedent to be pursued, and cannot strengthen the 
 right of search. But it does not weaken that right. 
 Let it, however, be remembered, that although 
 it is usual to stop and search merchant ships, a 
 similar practice towards public vessels of war i^ 
 inadmissible. These are national fortresses, and bear 
 (in the proper sense) the national flag. To such 
 vessels alone, the idea of protection by the flag is 
 applicable. The distinction between them and 
 merchant ships is material to the present subject. 
 Nations justly claim respect to their vessels of war, 
 and from that claim corresponding duties arise. 
 When any thing wrong is done by them, the national 
 honour is bound to make satisfaction: but the case 
 with merchant vessels is widely different; and the 
 condition of sovereigns would be wretched and base 
 if every trick and fraud of a smuggler could implicate 
 their honour. Yet, if we insist on the same respect 
 
% 
 
 1 !■ 
 
 I 
 
 1' 
 
 •t . 
 
 
 to a private ship of trade as to a public ship of war, 
 wc must hold ourselves equally accountable for the 
 conduct of both. Hence the universal consent, that 
 merchant vessels may be examined, detained and 
 confiscated, according to the nature of the case; 
 and where they are injured, to compensate by 
 money. For money being the object of trade, the 
 national character is in no wise affected by what is 
 done or suffered in the pursuit. Seeing, therefore, 
 that a power at war has a right to take the ship and 
 bring it into port, he must have a right to take his 
 own subject out of the ship. It would be idle to 
 suppose that a flag which cannot protect the ship 
 itself, could protect the persons on board ; or that 
 it would be a violation of sovereignty to take part, 
 when it is no violation to take the whole. But 
 even if such distinction could be established, the 
 matter would not be mended. If, for instance, 
 Great-Britain should admit that one of our mer- 
 chant vessels enjoys, while in the open sea, such 
 an emanation of sovereignty, that, to take away one 
 of the crew, would be tantamount to an invasion 
 of our country; reserving, nevertheless., the estab- 
 lished right by which the ship may, for adjudication 
 of doubtful points, be sent into a British port : by 
 exercising that right the ship could be brought 
 within those limits where the exclusive territorial 
 authority attaches. The suspected man would 
 then, after examination, be regularly put on board 
 a man of war, and nothing would, of course, be 
 allowed for detaining the ship, and taking her out 
 of her course. Hence it is evident, that, by aban- 
 doning the known principles and usage of nations. 
 
7d 
 
 we should involve ourselves in a liU^yrinth ot tliffi- 
 cmlties for no good purpose and to considerable 
 loss. 
 
 But it is said there is manifest absurdity in }iie- 
 tending that, because goods may be taken, and after 
 due trial be confiscated, men may be taken and 
 condemned without trial. It is monstrous to submit 
 the dearest thing we have, our liberty, to the will 
 of military men, who have an interest in taking it 
 away. This argument is ingenious, but in our 
 apprehension not solid. If British subjects only arc 
 impressed, it is none of our toncern. Englishmen 
 may do with each other what they please. If an 
 American be impressed, it is prqbably from mis- 
 take, and he suffers a misfortune incident to his 
 profession; being one of those evils, by reason 
 whereof he is intitled to and receives extraordinary 
 wages. We will not, however, elude the argument, 
 but meet its full force. We say, then, that if the 
 violence be inteational, and done by order of the 
 sovereign, it is a legitimate cause of war, and ought 
 so to be considered and treated. Bat if done by 
 the officer, without the order of his government, 
 it is one among the many wrongs, for redrcs^ oi 
 which resort must be had to the tribunals. The 
 officer impressing does it at 1 's peril, aiid the im- 
 pressed seaman would, we bciieve, obtain ample 
 compensation from a Westminst^ r jury. We ven- 
 ture to add our opinion, that if a few elear cases 
 of this sort had been prosecuted at the public ex- 
 pense, it would have done more to correct the 
 practice, so far as real American citizens arc con- 
 cerned, than all the clamour of the last ten yearr . 
 
is 
 
 Mt 
 
 I 
 
 i 
 
 80 
 
 At any rale, nothing can fairly be imputed to the 
 sovereign, until his courts refuse to do justice. If 
 an officer in our navy should assault and imprison 
 a British subject, and application were made to our 
 Secretary of State by the British Minister, would 
 he not be referred for redress to our courts of jus- 
 tice ? Surely the President would not on a com- 
 plaint, though supported by exparfe affidavits, 
 break an American officer without trial. 
 
 To this it may be replied, and with much weight 
 of argument, that although the officer is personally 
 accountable to the injured individual, the govern- 
 ment he serves is also accountable for repeated in- 
 juries, though done without its order ; because in 
 arming officers with power, and cloathing them 
 with authority, it is a duty to provide against and 
 prevent abuse. This we admit, and deduce from it 
 the consequence that Britain, in exacting the mili- 
 tary service ot her subjects, ought to respect the 
 rights of our citizens. Here, however, we must, in 
 fairness, consider these circumstances wdiich are 
 inseparably connected with the question. Speaking 
 as we do, the same language ; our manners and 
 customs also being the same; there is real difficulty 
 in distin2:uishin<r a British from an American sea- 
 men, even when the officer acts with pure and 
 upright intentions. Moreover, the very mode 
 adopted to mark out our citizens has increased, in- 
 stead of diminishing the difficulty. Seamen care- 
 lessly loose, or wantonly destroy, or fraudently dis« 
 pose of their protections ; so that while many^ 
 whose countenance and pronunciation declare them 
 to be Uvhat they really are) native Americans, havt 
 
no protections ; their comrades from Scotland and 
 Ireland, whose looks and language clearly designate 
 their country, pscsent their protections in proper 
 form. On application, therefore, to the British go- 
 vernment, and the consequent inquiries, facts fre- 
 quently appear of such nature as might puzzle a 
 discerning judge, much more a plain sea-officer. 
 
 Thus, by the peculiarity of its attending circum- 
 stances, the question is brought to a kind of dilem» 
 ma; and, principles being acknowledged, it is 
 contended, on our part, that Britain ought to forego 
 a right which, from her own shewing, cannot be 
 exercised without invading the rights of America — • 
 That she, being the actor, is bound to adopt regu- 
 lations by which our citizens may be secured from 
 violence. The case, considered in this aspect, is 
 certainly strong. But to the proposition that she 
 shall forego her right, she replies, that without sup- 
 posing) much less asserting, that the United States 
 contemplate the seduction of her seamen into their 
 service, it is impossible not to see that such would 
 be the result---That without regarding the loss of 
 one country and gain of another from that event, 
 a consequence far more important commands her 
 attention— That she is at war with the most power- 
 ful monarch on earth, who threatens invasion and 
 conquest — .That she has but slender means of de- 
 fence at land, and may (should the invasion take 
 effect) be blotted from the list of nations — That, 
 wen if not subdued, she would be exposed to im- 
 minent peril and most grievous calamity — That her 
 only defence, her fleet, can no longer be relied on 
 if her present rasources for manning it be destroyed. 
 
 n 
 
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 in' 
 
 I J. 
 
 4 
 
 !■ ■'' 
 
 Wherefore, the exercise of her right cannot be r6- 
 >inquished without hazarding her existence — That 
 without insisting, as she might, on the interest we 
 ourselves have in her success, and on the certainty 
 that, if she is crushed by the weight of Napoleon's 
 arms, we also must become French provinces, she 
 can safely appeal to our reason and justice, to de- 
 cide whether it is fair and right to place the con- 
 venience of one party on a line of equality with the 
 existence of another. She declares her willingness 
 to enter into any equitable arrangements to secure 
 the rights of our citizens. But if no expedient 
 can be devised which will produce the desired effect, 
 she must exercise the right of self-preservatiorl; 
 though from circumstances not of her making nor 
 under her controul, we are subjected by it to incon- 
 venience and even to injury. In fine, that if we in- 
 sist on her relinquishing her only means of defence, 
 she must, though reluctantly, join in an appeal to 
 the God of battles. 
 
 We have already observed, that when parties are 
 agreed as to matter of right, the way is open to ar- 
 rangements for mutual convenience. We now add 
 our sincere belief, that men of integrity and good 
 sense, who would candidly seek, would certainly 
 lind expedients to reconcile the exercise of her 
 rights with the security of our citizens. We see, 
 however, with much concern, that instead of en- 
 deavouring to remove, prins are taken to increase 
 and multiply obstructions in the way of a fair and 
 honest arrangement; and that, instead of simpli- 
 fying the question, it is endeavoured, by the use of 
 general terms and severe invectives, to persuude the 
 
 
8sr 
 
 people of America that Great-Britain ought to re- 
 linquish a right on the exercise of which materially 
 depends her national existence. 
 
 Hitherto we have discussed the question on prin- 
 ciples of public law, and have not permitted any 
 breath of interest to blow either way. Let it not, 
 however, be forgotten, thai our ships of war go freely 
 into British ports, are hospitably received, and are 
 ■suffered to depart without question, though manned 
 in a great proportion by British subjects. Surely 
 they have as good right to demand their seamen as 
 we have to demand ours. 
 
 But it may be asked, if this be a true state of 
 the question on the ground of right ; and if it be 
 doubtful on the ground of policy, whether we should 
 strenuously insist on our right; whence came the 
 clamour, and whence the cry of oppression ? We 
 do not conceive ourselves called on to account for 
 so vain a thing as clamour. But, since the occasioa 
 is of portentous import, we will state the facts. 
 We gain much, during the war, on trade which 
 usually flows in other channels. Hence an extra 
 demand for seamen, which Ametxa cannot supply ; 
 so that this lucrative commerce will be less exten- 
 sive than our merchants desire, if they cannot pro- 
 cure seamen from other countries. Other licutrals 
 are actuated by similar motives. We, however, 
 speaking the same language, can have no want of 
 British seamen, if, besides high wages and security 
 from capture, we can protect them against impress- 
 ment by British ships of war. Our merchants^ 
 therefore, have easily persuaded themselves to be- 
 i^ve tlxat a British seaman, with one of the pro- 
 
S4 
 
 \i' 
 
 Si 
 
 K' 
 
 tections abovci-mentioned in his pocket, ought not 
 to be taken oat of their ships. In this faith they 
 clamoured. Some of them, whose moral and po- 
 litical notions are peculiarly agreeable to those who 
 manage our affairs in the way they like best, have 
 contrived to enlist the government in this scheme 
 of traffic. But if, by contending on such bad 
 ground, we are brought into war, our merchants 
 will be the first to suffer. Such of them as have 
 property must tremble at the consequence. The 
 cry, however, will be kept up by those whose de~ 
 ranged affairs find an interest in confusion; and by 
 the fiery spirits, who readily sacrifice their country 
 to their ambition. But what will be our condition, 
 if we walk on in this crooked path? We have 
 advanced a claim, which, however the agents of 
 those who wish to embroil us may pretend to ap- 
 prove, will be scouted by all the world: for the 
 position we take is not only untenable in itself, but 
 opposed to the interest of other nations. Never- 
 theless, to establish this claim, though without any 
 chance of success, we shall perhaps be committed 
 to a dangerous course of events. If Britain, strug- 
 gling for life, be driven to desperation, she must 
 strike. At the first blow our commerce is gone. 
 She would be enriched with millions of our spoil, 
 and we sliould, in a few months, acknowledge the 
 rights which our rulers seem disposed to resist by 
 the last extremities, tor it is absurd to suppose the 
 American people will bear the privations and hard- 
 ships of war, to suppor*: :i cher,;;: of inju5*:ice. 
 
 One good conscq-ter-i? ha», howevci, resulted 
 from the notion assu-acu bv oar rulers. There is 
 
S5 
 
 too rnach reason fo believe, that, if the Usual course 
 had been pursued with regard to the treaty, a con- 
 stitutional majority of the Senate (from the confi- 
 dence which they were chosen to exhibit in the 
 President) would have given their ready approba- 
 tion. That onerous contract would then have been 
 fastened about our necks for ten years, and some 
 of its evil consequences for ever. That we are 
 not at this moment the commercial vassals of 
 England is, therefore, in no small degree, to be 
 attributed to the extravagant notion, that America 
 is bound to protect every vagabond against the 
 lawful authority of his own country. If, in the 
 exercise of the British claim, or in any thing 
 else, our sovereignty and independence are in- 
 vaded, let no thought of consequences prevent us 
 from asserting our honour. To preserve that is 
 our first duty, our highest concern. With it we 
 shall enjoy liberty, peace and commerce. AVith- 
 out it we shall enjoy nothing long; for a nation 
 which looses her honour cannot preserve her in- 
 dependence. But we forbear to urge what we 
 conceive to be unnecessary, when speaking to a 
 high-minded people. 
 
 We entreat our fellow citizens to consider se- 
 riously the situation in which they stand — to sus- 
 pend the rage of party strife — to examine facts — ■ 
 to reason for themselves. We put in no claim of 
 merit. We solicit not their favour, much less their 
 suffrage. Let them honour those whom it pleaseth 
 them to honour. But let them not forego the use of 
 their understanding. They may perhaps be told 
 that we are enemies to the people. Be it so. Wise 
 
w 
 
 i 
 
 men consider those as their friends who give them 
 useful information. But, admitting us to be ene- 
 mies, reason and truth, even in the mouth of an 
 enemy, are still reason and truth. The people may 
 believe of us what they please, and call us by what* 
 ever odious name their favourites may select or in- 
 vent. All we ask of them is t6 show their friend- 
 ship to themselves, by attending to what concerns 
 themselves; instead of sitting still, their eyes closed, 
 their ears shut, while they are bought and sold 
 like miserable slaves. 
 
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lem 
 me- 
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 nay 
 bat- 
 in- 
 nd- 
 irns 
 sed.