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'. « J«L ■ <;<•■ V'\ \v< S\ I ' N s « iC^ W not «itat« ?«E its 1 ■1?^ cepl or w whe [1 Btan •< or n ^ fair! ■' tion l* ^ ninj * hou i ^» , V T! ^ f^^ «. >'/v .' , ' " ■ -'>-.;■ 1- <■?%', s » \u ^f ,\^ i K ^okL ' ^. 1 y f r* , < L V^ JI ^1 V ^^-.r i '. ' V"--? + -> V f J St ' >?/, <* 1 >< V \ -^Yi frif thui stre wh( the pret corr iVie was flen his thm and RPC! othi the; the at'j' on \vn! a c wes 01 t< , t • por i*^ jun ^ T^i* On '* ' ^ his '■ run ♦ wh I t •'i ^k^ Cfnt!k:i«l JLlt-t • •^ ^ - . v.n SPEECH OF MR. CALHOUN, OF SOUTH CAROLINA • ■ IN SENATE, AUGUST, 1S42. . .', , On the Treaty of Washington. 'V Mr. CALHOUN eaid thnt hia object in rifing was rly, and then to make it up on fu'l knowledge of all M ,Y(ii •' ■-'. - af" ■ ■ »"'■ v; ,'V not to nilvocate or oppose the treaty, but r^imply to ie nothing in it in- consistent with the interest, honor, or satiety of the rest of the Uni m. It is so that the controverry hai ever been regarded. It in well known that President Jackson would readily have agreed to the award oi the King of Holland, had not Maine objected ; and that to overcome her objection, he was prepar-d to recom- mend to Congress to give her, in order to get her con- sent, one million of acres of the public domain, worth, at the n.iniuiuni price, a million and a quarter of dol- lars. Tbe case is iiow reversed. Maine and Massa- chusetts have both assented to the st pulations of the I treaty, as fur as the question of the boundary afiects their peculiar interest, through commissioners vested with full powers to represent them ; and the question for ui to decide is— Shall we reject that to which they have assented 1 Shall the Government, afler refus- ing to agree to the award of the King of Holland, because Maine objected, now reverse its course, and refuse to agree to that which she and Massachusetts have both assented 1 There may, indeed, be reasons strong enou'^li to authorize such a course; bat they must bu Bucii as will go to prove that we eannot give our assent consistently wita the interests, the honor, or the safety of the Union. That has not been done; and, he would add, if there be any such, he has not been able to detect them. It has, indeed, been said that the assent of Maine was coerced. She certainly desired to obtain a more favorable boundary; but when the alternative was presented of another refeienee to arbitration, she waived her objection, as far as she was in()tyidualjy concerned, rather than incar the risk, tfelay, -i*y,r I ^1 1 ,t tainty M.4' MX»tro« of niiii^ter submiMion of her claim* to «rhitralton ; and leit it to the Senate, the constituted authority appointed for the purpose, to de- cide on the prnrrni mrrits of the treaty, asi it reialrt" io the w:u)lo IJ i.inn. In bo dning, she hns, in hi- opinMo, ai'tid wistiy und palridiicaliy — wisely Uf llie Union. She has not got, indeed, all she dci^ired ; and has even lost territory, if ihe treaty be coinpartd to the award of ihi' King of Holland ; but, as nn oflset, that which she ha& lost is of liiile value, while that which she retains has been greatly incrcas^ed in value by the stipulations contained in the treaty. The whole amount lost, is about half a million ot acres.— It lies along the eastern slope of the highland:^, skirl- ing the St. Lawrence to the eac^t, and is acknowledged to be of little value for soil, timber, or anything else — acterile region, in a severe inhospitable clime. Againi-t that loss, she has acquired the right to navi<.aie the liver St. John ; and that, not only to float down the timber on its banks, but all the productions of the ex- tensive, well-timbered, and taken as a whole, not u sterile portion of the State that lies on her side of the basin of that river and its tributarits. But that ix not all. She also gains wiiat is vastly more valuable — the right to ship them nn the same terms as colonial productions to Great Britain and her colonial posses- sion s. These great and important advantages will proba- bly double the value of that extensive region, and make it one of the most populous and flourishing portions of the State. Estimated by a mere moneyed standard, these advantages are worth, he would sup- pose, all the rest of the territory claimed by Maine without them. If to this be added the sum of about A200,000 to be paid her for the expense of de- fending her territory, and $300,000 to her and Mas- sachusetts in equal moieties, in consequence of their assent to the boundary and the equivalents received, it must be apparent that Maine has not made a bad exchange in accepting the treaty, as compared wilti the award, as far as her separate interest is concern- ed. But be that as it may, she is the rightful judge of her own intereets ; and her assent is a sufficient ground for our assent, provided that to which she has assented does not involve too great a sacrifice on the part of the rest of the Union, nor their honor or safe- ty. So far from that, as far as the rest of the Union is concerned, the sacrifice is small and the gain great. They are under solemn constitutional obligations to defemd Maine, as one of the members of the Union, against invasion, and to protect her territory, cost what it may, at every hazard. The power, claiming what she contended to be hers, is one of the greatest, if not the greatest, on earth; the dispute is of long standing, and of a character difiicult to be adjusted ; and, however clear the right of Maine may be regard- ed in the abstract, it has been made doubtful, in con- sequence of admissions, for which the Government of the Union is responsible. To terminate such a controversy, with the assent of the party immediate- ly interested, by paying the small sum of half a mil- lidb— of which a large part (say |200,0U0) is un- questionably due to Maine, and would have to be paid to her without the treaty — is indeed a small sacrifice, a fortunate deliverance. President Jack- son was willing to allow her, aa has been stated, more than twice as much for her assent to the award; and in doing so, he showed his wisdom, whatvfcr mig^t have been thonght of it at the time. Those, fft feast; who opposed tl# treaty, will not charge hiui with being willing to sacrifice the inter- est and honor of the Union in making the ofler ; and^ yet the charge which they make against this portion^ of the treaty dois, by implication, subject what haf was ready to do to a bimiLir one. But ii IS said that the territory which England would hcquiie beyond the boundary of the awarded, 1 ne, woUid greatly strengthen her frontier, aiii' weaken ours ; and would thereby endanger the safet; of the country in that quarter, i-le did not profei to be deeply versed in niilitary science; but, accor4V ing lo his conception, there was no foundation for ihD objection. It was, if he did not mistake, the veittt' last point on our whole frontier, from the mouth of the St. Croix to the outlet of Lake Sujcrior, oni which an expedition would be orguiiized on either i side to attack the possessions of the other. In a mil- itary point of view, our loss is as nothing in that quarter; while in another, and a much more import- ant quarter, our gain by the treaty is great, in the same point of view. He referred to that provisloii, by which we acquire Kouse's Point, at the norlhera, extremity of Lake Champiain. it is among the mo^ important military posit, ons un the whole line of o\il] eastern and northern frontier, whether it be regarded in reference to nflensive or defensive operation^. He well remembered the deep sensation causefl among military men in conseque, ce of its luss; and he would leave the question ot loss or gain, in a milU tary point of view, (taking the two together,) to their dtcision, without the least doubt what it would^ be. But if it should bethought by any one that thei| cooBiderations, as conclusive as luey seemed to b were not sutiicient to justify the raiificaiion of thli portion of the ireaiy, there weie others, which appeal*; ed to him to be perfectly Conclusive. Ho referred l^ the condition in which we would be left, if the treaty should be rejected. He would ask— if, after having I agreed at Ghent to refer the suhjtct to arbitration, '; and, after having refused lo agree to the award made under that reference, by an arbitrator of our own sei lection, we should now rtject this treaty, negotiated by our Own Secretary of aiate, under our own eyei>, and which had previously rrceived the assent of the States immediaely interested — whether there wouWj be the slightest prospect that another equally lavorable would evtr be obtained. Un the comrary, would we' not stand in a far wor«e condition than eviT, in refer- encetoiiur claim? Would it nol, indeed, be almost certain that we should luse the whole of ihe basin of the St. John, and Great Britain gain all for which sho ever contended, strengthened as she would bf by the disclosures made during this discuss^ionl* He was note, ♦The following extract from ihe speech of Mr. Rives, the chairman of the Committee on Foreign Ke- lations, will show what the disclosures were: It appears to the commiltee, therefore, in looki back to the public and solemn acts of the Govei ment, and of its succe^ive administrations, that time has passed, if it ever existed, when we could justified in making the precise line of buun claimed by us the subject of a sine qua non of n tiation, or of the ultimo ratio — of an assertioa'r force. Did a second arbitration, then, afibrd prospect ol a more satisfactory result .' This e I dletrt seemed to be eqitally rejected by all partie ployed mm -rf»*jtr /- 9 ■ *l ■■! •4«Mb*ri.--- ^— _• ? 9 ti-eat^, will not lacrifice the inter> king the ofi'er ; and against this portion' n, subject what hel* -.1 ry which England} Jury of the awarded her frontier, ah endanger the safet ie did not profei ietice; but, accor^ 10 foundation for iht) ] it mistake, the veiU^' from the mouth of lake Su( erior, onl •rgaiiized on either' lie other. In a mil- as nothing in that mucli more import- aty i» great, in the ed to tiiat proviskirt, oint, at the northera, it IS among the mow IP whole line of our! ether it be regarded Blensive operation^. p sensation causefl ce of its luss ; and ss or gain, in a milii two togetiier,) t;Oj doubt what it would* nny one that theif. luey seemed to bei le raiificaiiun of thij ilieis, which appeal I'c. He referred ttf be left, if ihe treaty ask— if, after having ulijict Id arbitration, c to the awiird made atur of our own sei 3 lieuty, negotiated nder uur own eye?, d the assent of the hether there would ler equally lavorabl^ comrary, would we thun evtr, in refer- , indeeil, be almost hole of Ihe basin of »in all for which she she would bi- by the Jus^'ion 1* He was ihe speech of Mr. itiee on Foreign Kt- sures were: ereforc, in looki; lets of the Govei iiistrations, that when we could B line of boun •e qua non of n of an assertioa' a, then, afford esult? ThiseXi ted by all partie fur from HB>eriindthat the facta disotoaed eatabhshad the claim of Groat Britain, or that the map exhibited is the one to which Franklin referred, in hia note to the Count do Vergcnnes, the French Minister; but it cannot be doubted that the conformity of the line de- lineated on the map, with the one described in his note, would have the efTnct of strengthening not a lit- tle the claims of Great Britain in her own estimation and that of the world. But the facts stated, and the map exhibited by the chairman of the Committee on Foreign Relations, [Mr. RivesJ are not the only or the strongost disclosure made during the discussion. The French map introduced by the Senator from by the United States, by Great Britain, and by the State of Maine. If such an alternative should bo contemplated by any one a» preferable to the ar- rangement which had been made, it is fit to bear in mind the risk and uncertainty, as well as the inevita- ble delay and expense, incident to that mode of de- cision. We have already seen, in the instance of the arbitration by the King of the Netherlands, how much weight a tribunal of that sort is inclined to give to the argument of convenience, and a supposed intenlio7i on the part of tha negotiators of the treaty of 1783, against the literal and positive terms em- Eloyed by the instrument in its description of limits. » there no danger, in the event of another arbitra- tion, that a farther research into the public archives of Europe might bring to light some embarrassing (even though npocryphal) document, to throw a new shade of plausibly doubt" on the clearness of our title, m the view of a sovereign arbiter? Such a docu- ment has already been communicated to the commit- tee ; and 1 feel it (said Mr. R.) to be my duty to lay it before the Senate, that they may fully appreciate its hearings, and determine for themselves the weight and importance which belong to it. It is due to the learned and distinguished gentleman, (Mr. Jared Spark ■», of Boston,') by whom the document referred to was discovered in the archives of France, while pursuing his lab >rious and intelligent researches con- nected with the history of our own country, that the account of it should be given in his own words, as contained in a communication addressed by him to the Dcpartmtnt of State. I proceed, therefore, to read from that communication : " While pursuing my researches among the volu- minous papers relating to the American Revolution in the ^irchives deg Affaires Etrangeres in Paris, I found in one of the hound volumes an original letter from Dr. Franklin to Count de Vergennes, of which the following is an exact transcript : " Passy, December 6, 1782. •' Sir : I have the honor of returning herewith the map your Excellency sent me yesterday. I have marked with a strong red line, according to your de- sire, the limits of the United States, as settled in the preliminaries between the British and American ple- nipotentiaries. " With great respect, I am, &c., " B. FRANKLIN." " This letter was written six days after the pre- liminaries were signed ; and if we could procure the idantical map mentioned by Franklin, it would seem to afford eonelusiv9 tvidence at to the meaning af- Misaodri, [Mr. Banton,] from Mr. Jefferaon'a collee- tion in the Conareaa library, in order to rebut the in- ference from the former, turned out ta beatill mora so. That was made in the village of Passy, in the year after the treaty of prnce waa negotiated, where Frank- lin (who was one of the negotiators) resided, and was dedicated to him ; and that haa the boundHiy lina drawn in exnct conformity to the other, and in tha manner described in the note of Dr. Franklin — aline fomewhat more adverse to us than that claimed by Great Britain. But, aa striking as is thia coincidence, he was far from regarding it aa aufficient to establish the claim of Great Britain. It would, however, be ia fixed by the commissioners to the language of the treaty on the subject of the boundaries. You may well suppose that I lost no time in making inquiry for the map, not doubting that it would confirm all my previous opinions respecting the validity of our claim. In the geographical department of the Ar- chives are sixty thousand maps and charts ; but so well arranged with catalogues and indexes, that any one of them may be easily found. After a little r©* search in the American division, with the aid of the keeper, I came upon a map of North America, by D'Anville, dated 1746, in size about eighteen inches square, on which was drawn a strong red line through- out the entire boundary if the United States, an- swering precisely to Franklin's description. The line is bold and distinct in every part, made with red ink, and apparently drawn with a hair-pencil, or a pen with a blunt point. There is no other coloring OD any part of the map. "Imagine my surprise on discovering that this line runs wholly south of the St. John, and between the head waters of that river and those of the Penobscot and Kennebec. In short, it is exactly the line now contended for by Great Britain, except that it con- cedes mure than is claimed. The north line, after departing from the source of the St. Croix, instead of proceeding to Mars Hill, stops far short of tnat point, and turns off to the west, so as to leave on the Bri- tish side all the streams which flow into the St. John, between the source of the St. Croix and Mars Hill. It is evident that the line, from the St. Croix to th« Canadian highland, is intended to exclude cdl the wit- ters running into the St. John. "There is no positive proof that this map is actu- ally the one marked by Franklin ; yet, upon any other supposition, it would be difficult to explain the cir% cumstances of its agreeing so perfectly witi) his de> scription, and of its being preserved in the place where it would naturally be deposited by Count de Vergennes. I also found another map in the ArchiTes, on which the same boundary was traced in a dotted red line with a pen, apparently colored from tti«» other. "I enclose herewith a map of Maine, on v which I have drawn a strong b ack line, correspond!!^ with the red one above mentioned." I am far from intimating (said Mr. Rivss) that the documents discovered by Mr. Sparks, curious and well worthy of consideration as they undoubtedly are, are of weight sufficient tc shake the title of the United Spates, founded on the positive language of the treaty of jpeace. But they could not fail, in the •vtai of another refisrence, to gtre iioreMed oanftp — I iiifliliililftfclli'*' '"^-•■' '^ ^-1 vain to deny that h wbb a corr .borating ciroumatance, calculatad la add no small weight tu her cluitn. It would bo eliil further incn-nscd by the fact that France was our ally at the linn-, nml, ns such, must have been consulted, and kept constantly ad- vised of all that occurred during the progress of the negotiation, including its final result. It would be idle to suppose that these disclosures would not weigh heavily against us in any future negotiation.— They would, so mucli so — taken in connexion with the adverse award of the King of Holland, and this treaty, should it be rejected— as to render hopeless any future attempt to settle the question by negotia- tion or arbitration. No alternative would be left us but to yield to the full extent of the Brilisii claim, or to put Maine in possession by force, and that, too, with the opinion and pympatny of the world against us and our cause. In his opinion we would be bound to attempt it, in justice to Maine, should we refuse to agree to what «ne has assented. So much for the boundary question, as far as Maine is concerned. Having now shown — satisfactorily, he hopcil-— that Maine has acted v/isely for hersdf in ysjcnling to the treaty, it remained to be considered whether we, the representatives of the Union on such questions, would not also do so in ratifying it, so far ut least as the boundary question is involved. He would add nothing to what had already been said of the portion in which Maine was immediately interested. His remarks would be confined to the remaining portion of the boundary, extending from the northwestern corner of that State to the Rocky Mountains. Throughout this long-extended line, every question has been settled to our satisfaction. Our right ha« been acknowledged to a territory of about one hun- dred thousand acres of land, in New Hampshire, which would have been lost by the award of the King of Holland. A long goro of about the samo amount, lying in Vermont and New York, and which was lost under the treaty of Ghent, would bo regained by this. It includes Rouse's Point. Sugar Island, lying in the water connexion between Lakes Huron and Superior, and heretofore in dispute, is acknowledged to bo ours; it is large, and valuable for soil and position. So also is Isle Royalf, near the northern shore of Lake Superior, acknowledged to be ours — a large island, and valuable for its fishe- ries. And also, a large tract of country to the north and west of that lake, between Fond clu Lac and tho river St. Louis on one side, and Pigeon river on the other — containing four millions of acres. It is said to bo sterile, but cannot well be more so than that acquired by Great Britain, lying west of the boun- dary awarJed by the Kmg of Holland. In addition all the islands in the river St. Lawrence and the lakes, v/hich were divided in running out the division line under previous treaties, arc acquired by us un- der this ; and all the cnannels and passages arc open- ed to tho common uses of our citizens and the sub- jects of Grent Britain. Such are the provisions of the treaty in referenro to this long line of boundary. Our gain— regarded in tho most contracted point of view, as mere equiva- lents for the sum assumed to he paid by us to Maine and Massachusetts for their assent to the treaty — is •^ence and emphasis to the pretensions of Great Bri- tain, and to exert a corresponding influence upon the mind of the arbiter. Itis worth while, in this con- nexion, to turn to what Lord Ashburton has said, in one of his communications to Mr. Webster, when explaining his views of the position of the highlands described in the treaty : "My inspection of the maps, and my examination of the documents," says his Lordship, "lead me to a very strong conviction that the highlands contempla- ted by the negotiatoi-s of the treaty were the only highlands then known to them — at the head of the Pe- nobscot, Kennebec, and tlie rivers west of the St. Croix ; and that they did not precisely know how the north line f om the St. Croix would strike them ; and if it were not my wish to shorten this discussion, I believe a very good argument might be drawn from the words of the treaty in proof of this. In tho negotiations with Mr. Livingston, and afterwards with Air. Mc- Lane, this view seemed to prevail ; and, as you are aware, there were proposals to search for these high- lands to the west, where alone, I believe, they will be found to answer perfectly the description of the treaty, ff this question should unfortunately go to a fyrthir rtference, I should by no means despair tf finding some confi} motion of this view of the case.''^ It is for the Senate to consider (added Mr. Rives) wheth&r there would not be much risk of introducing new complications and embarrassments in this con- troversy, by leaving it open for another litigated re- ference ; and if ttie British Government — strongly prepossessed, as its minister tells us it is, with the justice ttf its olaiou— would not find what it would naturally consider a pci-suasivo " confirmation of its view of the case" iu documents such as those en- countered by 31r. Sparks in his historical researches iu tho archives of France. A map has been vauntingly paraded here, from Mr. Jeli'erson's collection, in the zeal of opposition, (with- out taking time to see what it was,) to confront and invalidate the map found by Mr. Sparks in the Fo- reign Oflice at Paris ; but, the moment it is examin- ed, it is found to sustain, by tha most precise and re- markable correspond iiice in every feature, the map communicated by Mr. Sparks. The Senator who produced it, could see nothing hut the microscopic dotted line running oft" in a northeasterly direction ; but the moment other eyes were applied to it, there was found, in bold relief, a strong red line, indicating the limits of the United States, according to the trea- ty of peace, and coinciding, minutely and exactly, with the boundary traced on the map of Mr. Sparks. That this red line, and not the hardly visible dotted line, was intended to represent the limits of the Uni- ted States according to the treaty of peace, is con- clusively shown by the circumstance that the red line is drawn on the map all aroi J the exterior boun- dary of the United States ; through the middle of the Northern Lakes^ thence through the Long Lako and the Rainy Lake to the Lake of ttie WooJs ; and from the western extremity of the Lake of the Woods to the river Mississippi ; and along that river, to the point where the boundary of the United States, according to the treaty of peace, leaves it; and thence, by its easterly course, to the mouth of the Si. Mary's, on the Atlautio. fffi *MmmmmmtmiA I I ml i <»S«ti»Ai«ii«J>tii»— li j »i 1.11...1 f .»>— it.A..^«'. .1—1— _■-».— U ' »^.- -A ki;...._.^.j^.....>».. /i^ vastly gronler than what we have contracted to pay.' Taking the whole boundary question together, and summing up the loss and gain of the whole, including what afTt'cls Maine and Massachusetts; and he could not douht that, regarded mere y as sct-ofl's, our gain greatly exceeds our loss — vastly so, compared to what It would have been under the award of the King of Holland, including the equivalent which our Go- vernment was willing to allow Maine for her assent. But it wouM be, indeed, to take a very contracted, view to regard it in that light. It would be to over- look the vast importance of permanently establishing, between two sucli powers, a line of boundary of se- veral thousand miles, abounding in disputed points of much difficulty and long standing. The treaty, he trusted, would do much to l«y the foundation of a solid peace between the countries— a thing so much to be desired. It is certainly much to be regretted, after settling so large a portion of the boundary, that the part be- fond the Rocky mountains should remain unadjusted, ts settlement would have contributed much to strengthen the foundation of a durable peace. But would it be wise to reject the treaty, because all has not been done that could be desired ? He placed a high value on our territory on the west of those moim- tains, and held our title to it to be clear; but he would regard it as an act of consummate folly, to slalvi iiur claim on a trial of strength at this time. — 1 MO tcrritorv is now held by joint occupancy, under tlf treaty "T Njn-nt 'vhich either party may tenni- iiaic b_> i-i-...; in t'lR other six ir.onths' notice. Jf we were to uUenijii li i^sirt our exclusive right of oci'upancy at pre-'Ciii, Uu; itrtain loss of the territory must be the result ; lor Iht; plain reason that Great Britain could conceiitrali; there a much larger force, naval and military, in a inucli shorter time, and at far less expense, than we could. That will not be denied; but it will not always be the case. Our po- pulation is steadily — he might say rapidly — advancing across the continent, to the borders of the Pacific ocean, judging from past experience, the tide of population will sweep across the llocky mountains, with resistless force, at no distant period ; when what we claim will quietly fall into our hands, without ex pense or bloodshed. Time is acting for us. Wait patiently, and all we claim will be ours ; but if we attem|t to seize it by force, it will be sure to elude our grasp. Having now stated his reasons for voting to ratify the articles in the treaty relating to the boundary, he would next proceed to assign those that would govern his vote on the two relating to the African slave trade. And here he would p'emite, that there are several circumstances, which caused no small repug- nance on his part to any t,tipulations whatever with Great Britain on the subject of those articles ; and lie would add, that he would have been gratified if they, and all other stipulations on the subject, could have been entirely omitted ; but he must, at the same time, say he did not see how it was possible to avoid entering into some arrangement on the subject. To understand the difficulty, it will be necessary to advert to the course heretofore taken by our Government in reference to the subject, and the circumstan»'.es under which the negotiations that resulted in this treaty commenced. Congress at an early day — as soon, in fact, as it could legislate on the subject, under the Constitu- tion — passed laws enaotit^ savers penalties against the African slave trade. That was followed by tb« treaty of Ghent, which declared it to be irreeoncila • ble with the principles of humanity and justice, and stipulated that both of the parties— the United States and Great Britain — should use their best endeavors to effect this abolition. Shortly after, an act of Con- gress was passed declaring it to be piracy ; and a re- solution was adopted by Congress, requesting the President to enter into arrangements with other pow. ers for its suppression. Great Britain, actuated by the same feelings, succeeded in making treaties with the European maritime powers for its suppression] and, not long before the commencement of this ne- gotiation, had entered into joint stipulations with the five great powers to back her on the question of srarch. She had thus acquired a general supervision of the trade along the African coast; so that vessels carrying the flag of every other country, except ours, were subject on that coast to the inspection of her cruisers, and to be captured, if suspected of being engaged in the slave-trade. In consequence, ours be- came almost the only flag used by those engaged in the tr.ide, whether our own people or foreigner ; al- though our laws inhibited the traffic under the se- verest penalties. In this state of things. Great Brit ain put forward the claim of the right of search as indispensable to suppress a trade prohibited by the laws of tlie civilized world, and to the execution of the Jaws and treaties of the nations associated with her by mutual engagements for its suppression. At this stage, a correspondence took place between our late minister at the Court of St. James and Lord Pal- merston on the subject, in which the latter openly and boldly cl'.i'.er'. the right of search, and which wsa promptly i.i- i^ccidedly repelled on our side. We had long sin' > taken our stand against it, and had re- sisted its abuse, as a belligerent right, at the mouth of the cannon. Neither honor nor policy on our pait could tolerate its exercise in time of peace, in any form — whether in that of search, as claimed by Lord Palnicrston, or the less offensive and unreasonable one of visitation, as jiroposed by his successor. Lord Aberdeen. And yet we were placed in such circum- siance^ as to require that something should be done. It was in such a state of things that the negotiation commenced — and commenced, in part, in reference to this subject, which was tending rapidly to bring the two countries into collision. On our side, we were deeply committed against the traffic, both by legislation and treaty. The influence and the efforts of the civilized world were directed against it — and that, too, under our lead at the commencement ; and with such success as to compel vessels engaged in it to take shelter, almost exclusively, under the fraudu- lent use of our flag. To permit such a state of things to continue, could not but deeply impeach our honor, and turn the sympathy of the world against us. On the other side, Great Britain had acquired, by trea ties, the right of supervision, including that of search and capturing, over the trade on the coast of Africa, with the view to its suppression, from all the mari- tme powers except ourselves. Thus situated, he must say that he saw no alternative for us but the one adopted — to take the supervision of our own trade on that coast into our own hands, and to prevent, byour own cruisers, the fraudulent use of our flag. The only question, in the actual state of things as it ap- peared to him, was, whether it should be done by a formal or informal arrangement.' He would have preforred the latter; but the difference between then . winkv^aiii' I '>!> wu not, in hk opinion, such aa would Justify, that account, the rejection of the treaty. Tl on hey 'if «^n to d«n»^°"'*'' '" substance, bo tho same, and have difl'«rcd Mlcul«i«d to ^"* '''*'°' probably, in the expense of execution — "j Either was better than the other alternativcH— to do JT"" nothing; to leave things in the dangerous stale thai Frnnce 't|,gy g^^^j ^^ ^^ ■^^^^^ j^ i|,g ,.jg|,t ^f search or vis- mu't b«ve bjtatlon. Yised St all t jj jg „bjected that tiic arrangement entered into is negotiation, yirtually an acknowledgment of tho right of search, 'die to sup^jjg jjjj pQj gQ regard it. On ihc contrary, lie con- weigh heayilgijg^pj ■^^^ under all the circumstances, as a surrender They would^f j^at claim on the part of Great J3ritain ; a con- the adverse elusion, whicli a review of the whole transaction, in treaty, »hou.|,ig opinion, would justify. Lord Painierston, in the any future agpgj place, claimed the unqualified rigiit of searcli, lion or arbitj^ which it is understood he was backed by the five but to yield gpgj^j pQ^gj,g Lq,.j Aberdeen, with more wisdom to put MaiHgpj moderation, explained it to mean the riglit of with the Of Yijjj^tio,, simply ; and, finally, the negotiation is us and our t^iogej without reference to either, simply with a to attempt ijjjpyjjj^jo,, between tho parlies to keep up for five agree to wtygg^g j^ squadron of not less than eighty pinis on the boundary qi^oast of Africa, to enforce separately and respective- Having n]y the laws and obligations of canli of tlie couiitriis Maine haafor the suppression of Die slave-trade. Jt is careful- the treaty, |y worded, to make it mutual, but at ihc same time the represa leparate and independent ; each looking to the exe- would noti;>ution of its own laws and obligations, and carefully the bounda excluding the supervision of either over the oiher, nothing to and thereby directly rebutting the object of search in which lor visitation. remarks w The other article, in reference to the same sub- of the bou ject, stipulates liiat the parties will unite in all b«- corner of ' coming representation and remonstrance, with any powers, within v.'hose dominions markets are permit ■ ted for imported African slaves. If he were to per- ^ence and "™'^ bis feelings to govern him exclusively, he would tain and t(°bJM!t to this more strongly than any other provision mind of th '" the treaty, — not that he was opposed to the object nexion to *"" *bo policy of closing the market to imported ne- of his B'^"^''' °" ^be contrary, he tliought it both right and |jjj„jn« expedient in every view. Brazil and the Spanish .gp,,jljg,j colonies were the only markets, he believed, still re- "My in( mainiijg open, and to which this provision would ap- ofthedocP'y* They were already abundantly supplied with very stron slaves, and he had no doubt that sound policy on ted bv th« 'beir part required that their markets should be final- highlands 'y *"^ effectually closed. He would go farther, and n^acot K *^y ^bat it was our interest they should be. It would and thai 1 ^'"^^ "^ from the necessity of keeping cruisers on the line fioul African coast, to prevent the illegal and fraudulent were not: ^^^ °^ ""^ ^-"B' °'' ^"'' '*"y other purpose but to pro- very eoot ***^^ '^u'" commerce in that quarter — a thing of ilsclf of the tr« rouch to be desired. We would have a still stronger with Mf* 'iterest, if we were governed by selfish considera- Lane tl^ tions. We are rivals in the production of several aware t! articles, and more especially the greatest of all the lands to!' agricultural staples — cotton. Next to our own coun- be found try, Brazil possesses the greatest advantages lor its treaty, production, and is already a large grower of the ar- fUrthirn ticle ; towards the production of which, the continu- some cor% *'"^^ ^^ the market for imported slaves from Africa It is M would contribute much. But he would not permit whethc* *uch considerations to influence him in voting on the new cop treaty. He had no objection to see Brazil develop troversj ''^r resources to the full; but he did believe that ference higher considerations, connected with her safety, and preposti that of the Spaoish colonies, made it their interest iustici" ^^ ^^" market should be elcned against the traffic. But it may be asked, why, with UiMe imprcMrans, should he have any objection to this provision of the treaty? It was, because ho was averse to interfering with other powers, when it could bo avoided. It ex- tends even to cases liko the present, where there was a common interest in leferencc to the subject of ad- vice or remonstrance ; hut it would ho carrying his aversion to fastidiousness, were ho to permit it to overrule his vote in the adjustoicnt of questions of such magnitude as arc involved on the piestnt oc- casion. But the treaty is opposed, not only for what it con- tains, but also for what it does not; and, among other objections of the kind, because it has no pro- vision in reference to tho case of tho Creole, and other similar ones. He i^inilteil tiiat it is an ob- jection ; and that it was very desirable that the treaty should have guarded, i)y specific and efficient pro- visions, against the recurrence of such outrages on Ihe rights of our citizens, and indignity to our honor and independence. If any one has a rij;ht to speak warmly on this subject, he was the individual ; but he could not forget that tho question for us to decido is. Shall wc ratify .r reject the trciily.' Ills not whether all has been done which it was desirable should be done, but whether we sliall confirm or re- ject what has actually been done ; not whether we have gained all we could desire, but whether we shall retain what we have gained. To decide that as it ought to be, it is our duty tu weigh, calmly and fairly, the reasons for and against the ratification, and to decide in favor of the side which prepon- derates. It does not follow that nothing has been done in relation to the cases under consideration, because tho treaty contains no provisions in reference to them. The fact is otherwise. Much, very much, has been done ; — in his opinion, little short, in its ef- fect, of a positive stipulation by the treaty to guard against the recurrence of such cases hereafter. To understand how much has been done, and what has been gained by us, it is neccssaty to have a correct conception of the state of the case in reference to them, before tho negotiation commenced, and since it terminated. These cases are not of recent origin. The first of the kind was that of the brig Comet, which was stranded on the false keys of the Bahamas, as far bark as 1^-30, with slaves on board. She was taken into Nassau, New Providence, by the wreckers, and the slavr.s liberated by the colonial authorities . The next was the Encomium, which occurred in 1834, and which, in all the mater al circumstances, was every way similar to that of the Comet. The case of the Enterprise followed. It tfiok place in 1835, and differed in no material circumstance from the others, as was acknowledged by the British Gov- ernment, except that it occurred alter the act of Parliament abolishing slavery in the colonies had gone into operation, and the others prior to that pe- riod. After a long correspondence of nearly ten yean, the British Government agreed to pay for the slaves on board of the two first, on tlie ground that they were liberated before the act abolishing slavery had gone into operation ; but refused to pay for those be- longing to the Enterprise, because they were liberated after it had. To justify this distinction. Lord Pal- merston had to assume the ground, virtually, that the law of nations was oppo«edtosIav«ry— nn assumption '■■••pi*»*i»j*Tr^"^ 'ilh UnMo lmprc«k)iw, to thisproviBionof the IS averse to interfering lid be avoided. It sx- •sfMt, where there wai ' to the subject of ad- woiild bo carrying his 'ere lie to permit it to justnient of questions Ivcd on the present oc- t only for wluit it con- ioes not; and, among JCfi.uMc it has no pro- . ot the Creole, and itled that it is an ob- ■"irable that the treaty ■ibc and efficient pro- '' t'f such outrages on iHignity to our honor ! has a ri);ht to speak s the individual; but ^"on for us to decide be trei.ty? Ii is not nich It was desirable B s^liall confirm or re- •nc; not whether wo »ive, but whether we led. 'J'o decide that to weigh, calmly and ainst the ratification, side which prepon- ing has been done In jnsideration, because iions in reference to little short, in its ef- thc treaty to guard cases hereafter. To done, and what has 'y to have a correct case m reference to mmenccd, and since It origin. The first Comet, which was he Uahamas, as far d. She was taken ' the wreckers, and onial authorities ■ . which occurred in r ul circumstances, t the Comet. The I- _ It took place in circumstance from 'y the British Gov- cd alter the act of ihe colonies had •s prior lo that pe- nearly ten years, pay for the slaves ground that they 'hing slavery had ^ pay for those be- 'ley were liberated iction, Lord Pal- vjftually, that the 7— an assumption I that plauod the properly of a third of ttie Union with- out the pale of its protection. On that ground, he p<>remptorily refused compcnnation for the slaves on board the Enterprise. Our Executive, under this re- fusal, accepted the compensation for those on board the Comet and Encomium, and closed the corrc»poii- denco, without even bringing the suoject before Con- gress. With such perfect indiflercnce was the whole affair treated, that, during ttie long period the nego- tiation was pending, the subject was never once n»cn- tioned, as far as ho recollected, in any Executive mes- sage; whi e those of far less magnitude — Iho debt of a lew millions due from France, and this very boun- dary question — were constantly brought before Con- gress, and had nearly involved the country in war with two of the leading powers of Europe. Those who are now so shocked that the boundary question •hould be settled, without a settlement also of this, stood by in silence, year after year, during this long period, not only wiltiout attempting to unite the set- tlement of this with that of the boundary, but with- out ever once naming or alluding to it as an item in the list of the dispute between the two powers. It was regarded as beneath notice. He rejoiced to wit- ness the great change that has taken place in relation to it ; and to fin i that those who were then silent and Indilierent, now exhibit so much zeal and vehemence about it. He took credit to himself for having con- tributed to bring this change about. It was he who revised our claim when it lay dead and buried among the archives of the Slate Department — who called for the correspondence — who moved resolu- tions affirming the principles of the law of nations in reference to these cases, and repelling the presump- tuous and insulting assumption on which it was denied by the British negotiator. Such was the force of truth, and so solid the foundation on which he rested our claim, that his resolutions received the unanimous vote of this body ; but he received no support — no, not a cheering word— from the quarter which now professes so much zeal on the subject. His utmost hope at the time was to keep alive our right, till some pro- fitious moment should arrive to assert it successfully. n the mean time, the case of the Creole occurred, which, as shocking and outrageous as it is, was but the legitimate consequence of the principle main- tained by Lord Palmerston, and on which he closed the correspondence in the case of the Enterprise. Such was the State of tlie facts when the negotia- tions commenced in relerence to these cases ; and it remains now to be shown in what state it has left ihem. In the first place, the broad principles of the law of nations, on which he placed our right in his resolutions, have been clearly stated and conclusively vindicated in the very able letter of the Secretary of State, which has strengthened our cause not a little, as well from its intrinsic merit as the quarter from which it comes. In the next place, we have an ex- plicit recognition of the principles for which we con- tend, in the answer of Lord Ashburton, who express- ly says, that " on the great general principles affect- ing this case" (the Creo e) " they do not differ ;" and that Is followed by " an engagement that instructions shall be given to the governors of Her Majesty's col- onies on the southern borders of the United States, to execute their own laws with careful attention to the wishes of their Government to maintain good neighbornood ; and that there shall be no officious in> terference with American vessels driven by accident or violence into their ports. The 'aws and duties of hospitality siuill be executed." ThW pUdge was ats. cepted by our Executive, accompanied by the exprei» declaration of the President, through the Secretary o( State, that he places hii reliance on those principles of prblic law which had been stated in the note of the Secretary of State. To all this it may be added' that strung assurances are given by the Drilish nego- tiator, of his liuliet that a final arrangement may b( made of the subject by positive stipulations in Lon- don. Such is the slate in which the negotiation ha< left the subject. Hero again he would repeat, that such stipulatiom in the tnaly itself would have been preferable. Bu' who can deny, when he compares the state of th« facts, as they stood before and since the close of thl) negotiation, that wo have gained — largely gained — it reference lo this important subject .' Is there no dif fcrence, ho would ask, between a slern and peremp. tory denial of our right, on the broad and the insuliin( ground assumed by Lord Palmerston, and its cxplicl recognition by Lord Ashburton? — none in the pledg' that instructions should be given to guard against tn recurrence of such cases, and a positive denial that w had suffered no wiong or insult, nor had any righ to complain .' — none between a final closingof all nc gotialion, and a strong assurance of a final adjust ment of the subject by satisfactory arrangement b treaty .' And would it be wise or prudent on ou part lo reject what has been gained, because all ha not been ? As to himself ho must say that, at th time he moved his resolutions, he little hoped, in th short space of two years, to obtain what has alread' been gained ; and that he regarded the prospect of final und satisfactory adjustment, at no distant da> of this Subject, so vital in its principles to his consti' uents and the whole South, as far more probable tha ho then did this explicit recognition of the principle for which he contended. In the mean time he fe assured the engagement given by the British negotii tor would be fulfilled in good faith ; and that th hazard of collision between the countries, and th disturbance of their peace and friendship, has passe away, as far as it depends on this dangerous subjec But if in this he should unfortunately be mistake) we should stand on much more solid ground in di fence of our rights, in consequence of what has bee gained ; as there would then be superadded broke faith to the violation of the laws of nations. Having now said what he intended on the moi important points, he would pass over, without dwe ling on the provision of the tnaiy for delivering u to justice persons charged with certain crimes; tl affair of the Caroline; and the correspondence in re erence to impressment. The first is substantial/ the same as that contained in Jay's treaty on th I same subject. On the next, he had nothing to ad I to what has already been said. As to the last, he d:[ not doubt that the strong ground taken in the corre f pondecice against the impressment of seamen on boaij of our merchant vessels, in time of war, would ha\l a good effect. It will contribute to convince Grel Britain that the practice cannot be renewed, in thl event of another European war, without a certaf and immediate conflict between the two countries. I I (said Mr. Calhoun) have now stated my opinio fully and impartially on the treaty with the connects subjects. On reviewing the whole, and weighing tl| reasons for and against its ratification, I cannot d that the former greatly preoonderate. If we hail not gained all that could be desired, \vb have gaini alga«Mti>M.«i >!■■ » 1 II \i»m I :-| ^! If -V i; muoh that it deilrablo ; and, If all 'haa not been let- tlad, much has been— and that, not of little impoi^ tance. It is not of iittlo importance to have the Northeastern boundary settled— and that, too, with theconncntol tho States imme .fr^ t^. '- •V4v ^f / ■ *\ ■ r f I-^'>- •■^i- .*;: 'nm'-^^; r'V:.:*,: ■ I iiiix II ■» >»im lake them I bf put to delay the This mny y they sec, itiires; but, tions of the he |!;ri'at(*»t casons lor the people n their em- M by hcnvy prosperity, honorable ). To eiia- Iheir (iebts, leir means, tlieirindus- ment. To n and free !o, and tho now evcry- 1 ofembar- sdcd by one Providence suffjcicntly ind abound- inly require ist and most evclopment ive politicnl indeed, it ore so than nd General anc sublime crests com - ind peculiar constituted, cd, and this w );reat ob- ; the States by the arts a scene of heretofore >Ir. C.) that ards such a in, it would lence, to es- the world, ity may be .- v; ■• > '''H!sJ-> >:.,;J>^W*•;'^■^?:■, A '^^^■AC'' f .> , •• Jl "• » - ^' '^' ,V<' . ,"-. V S 1 / / -' E \ '% ' . v^'t. ^'*' v" <^^h. '"' ^' ^' y -" •'''4^>' -"''-^^ ,<--^> -^ i >f V. *> 1 \ ■( p\ I vt '' » ■frl ^ •<^'i V; A-^.' < >> »'.'"-\Si 1 ^ Kf.