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Mississippi Question.

[FEBRUARY, 180 Mr. BRECKENRIDGE observed, that he did not | tlemen, your national honor by negotiating mean to wander in the field of declamation, where there is a direct violation of a treat nor, after the example of the honorable gentle- How happens it that our national honor his man who had preceded him, endeavor to alarm | at this particular crisis, become so delicate, and or agitate the public mind; that he should en- that the feelings of certain gentlemen are n deavor to strip the subject of all improper so alive to it? Has it been the practice of this coloring, and examine dispassionately the pro- Government heretofore to break lances on the priety of the measures which the Senate were spot with any nation who injured or insulted called upon to sanction. He would be very her? Or has not the invariable course been to brief. seek reparation in the first place by negdiation? I ask for an example to the contrary: even under the Administration of WASHINGTON, so much eulogized by the gentleman last up Were not the Detroit, and several other fore within our territory, held ten or a dozen yeas by Great Britain, in direct violation of a treaty? Were not wanton spoliations committed on your commerce by Great Britain, by France, and by Spain, to the amount of very many millions; and all adjusted through the medium of negotiations? Were not your merchants plundered, and your citizens doomed to slavery by Algiers, and still those in powe even WASHINGTON himself, submitted to negoti ation, to ransom, and to tribute? Why then do gentlemen, who on those occasions approved of these measures, now despair of negotiation! America has been uniformly successful, at least in settling her differences by treaty.

What is the true and undisguised state of facts? Early in the session, the House of Representatives were informed, by a communication from the President, of the conduct of the Intendant at New Orleans. This communication stated, that he had taken measures to attempt a restoration of the right which had been violated; and that there were reasons to believe that the conduct of the Intendant was unauthorized by the Court of Spain. Accompanying this message were official papers, in which it appeared that the Governor of New Orleans had strongly opposed the conduct of the Intendant, declared that he was acting without authority in refusing the deposit, and indicated a disposition to oppose openly the proceeding. The Spanish Minister who resides here, also interposed on the occasion, and who stands deservedly high in the confidence of his Government, was clearly of opinion, that the Intendant was acting without authority, and that redress would be given so soon as the competent authority could interpose. From this state of things, and which is the actual state at this moment, what is the course any civilized nation who respects her character or rights, would pursue? There is but one course, which is admitted by writers on the laws of nations, as the proper one; and is thus described by Vattel, in his book, sec. 336, 338:

But the gentleman is afraid that if we do not immediately seize the country, we shall lose the golden opportunity of doing it. Would your national honor be free from imputation by a conduct of such inconsistency and duplicity! A minister is sent to the offending nation with an olive-branch, for the purpose of an amicable discussion and settlement of differences, and be fore he has scarcely turned his back, we invade the territories of that nation with an army of fifty thousand men! Would such conduct com"A sovereign ought to show, in all his quarrels, a port with the genius and principles of our Resincere desire of rendering justice and preserving public, whose true interest is peace, and who peace. He is obliged before he takes up arms, and has hitherto professed to cultivate it with all after having taken them up also, to offer equitable nations? Would not such a procedure subject conditions, and then alone his arms become just us to the just censure of the world, and to the against an obstinate enemy, who refuses to listen to strongest jealousy of those who have possessions justice or to equity. His own advantage, and that near to us? Would such a procedure meet the of human society, oblige him to attempt, before he approbation of even our own citizens, whose takes up arms, all the pacific methods of obtaining lives and fortunes would be risked in the coneither the reparation of the injury, or a just satisfac-flict? And would it not be policy inexcusably tion. This moderation, this circumspection, is so much the more proper, and commonly even indis- rash, to plunge this country into war, to effect pensable, as the action we take for an injury does that which the President not only thinks can not always proceed from a design to offend us, and be effected, but is now actually in a train of neis sometimes a mistake rather than an act of mal- gotiation? If, on the other hand, negotiation ice: frequently it even happens, that the injury is should fail, how different will be the ground on done by inferior persons, without their sovereign which we stand! We stand acquitted by the having any share in it; and on these occasions, it is world, and what is of more consequence, by our not natural to presume that he would refuse us a just own citizens, and our own consciences. But satisfaction." one sentiment will then animate and pervade the whole, and from thenceforth we will take counsel only from our courage.

This is the course which the President has taken, and in which the House of Representatives have expressed, by their resolution, their confidence.

But to induce us to depart from this proper, this safe, and honorable course of proceeding, What are the reasons urged by the gentlemen which is pursuing by the President, the gentleto induce a different proceeding, an immediate man from Pennsylvania first, and the genappeal to arms? You prostrate, say the gentleman from Delaware again told you, that by

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[SENATE.

mad impatience that they will not wait even a few months to see the fate of a negotiation, and, if unsuccessful, receive the aid of the whole nation, but that they will madly run to the attack without a ship, without a single cannon, without magazines, without money or preparation of any kind; and, what is worse, without union among themselves; and what is still worse, in face of the laws and constitution of their country? It is impossible. Such a desperate project could not come to a successful issue; for should they even obtain the right by their own exertions alone, they could not expect long to enjoy it in peace, without descending from that exalted, that enviable rank of one of the independent States of United America, to the degraded, dependent condition of a colonial department of a foreign nation.

such pacific measures you will irritate the Western people against you; that they will not be restrained by you, but will either invade the country themselves, or withdraw from the Union and unite with those who will give them what they want. Sir, said Mr. B., I did not expect to hear such language held on this floor. Sir, the gentleman from Pennsylvania best knows the temper and views of the Western people he represents, but if he meant to extend the imputation to the State I have the honor to represent, I utterly disclaim it. The citizens of Kentucky value too highly their rights and character to endanger the one or dishonor the other. They deal not, sir, in insurrections. They hold in too sacred regard their federal compact to sport with it. They were among the first to oppose violations of it, and will, I trust, be the last to attempt its dissolution. The time indeed was, when not only irritation but disgust prevailed in that country; when, instead of sending fifty thousand men to seize on Orleans, an attempt was meditated, and a solemn vote taken in Congress to barter away this right for twenty-five years. The time indeed was, when great dissatisfaction prevailed in that country, as to the measures of the General Government; but it never furnished there, whatever it might have done elsewhere, even the germs for treasons or insurrections. The people I have the honor to represent are not accustomed to procure redress in this way. Instead of trampling on the constitution of their country, they rally round it as the rock of their safety. But, unhappily, these times have passed away. Distrust and dissatisfaction have given place to confidence in, and attachment to those in whom the concerns of the nation are confided. I ask no reliance on my opinion for this fact, but appeal to the memorial of the Legislature of Kentucky to the present Congress, for the truth of this assertion. In this disposition of mind, therefore, and from the sound sense and correct views and discernment of their true interest, which the people of Kentucky possess, I have no hesitation in pledging myself, that no such precipitate and unwarranted measures will be taken by them, as predicted by the gentle-prepared for that resort which cannot fail to remen in the opposition.

Although he thought it incumbent on us, for the reasons he had stated, to try the effect of negotiation, yet, should that fail, he thought it incumbent on us also to be prepared for another resort. He considered this right, and upon a different footing from what we ever enjoyed it, so all-important, so indispensable to the very existence of the Western States, that it was a waste of words and time to attempt to portray the evils which a privation of it would produce; and he rejoiced to find that gentlemen with whom he had not been in the habit of voting on most political subjects so perfectly accord with him, that our precarious tenure of it must be changed. He hoped they were sincere in their declarations. If they were, the only dif ference between us now is, what are the proper means to obtain this great end? The course pursued by the President was, in his opinion, the only true and dignified course. It is that, and that only, which will certainly attain the object; and is the only one which will tend to unite cordially all parts of the Union. But we ought to be prepared, in case of a failure, instantly to redress ourselves. This, instead of having an evil, would, in his opinion, have a good effect on the negotiation. It would show, that although we are willing amicably to adjust our differences, yet that we are not only resolved on, but

store our violated rights. With that view, he would offer the following resolutions, as substitutes for those proposed by the gentleman from Pennsylvania.

"That the President of the United States be, and

But he begged leave to ask gentlemen who hold such language, would the Western people, admitting they were to withdraw from the Union, be able to accomplish the object? Could He moved that the whole of the resolutions they alone go to war with France and Spain? be struck out, excepting the word "Resolved," Could they hold Orleans, were they to take and the following be substituted in their place possession of it, without the aid of the United-after the word "Resolved: " States? Admitting they could hold it, what security would they have for their commerce? A single ship of the line would be able completely to blockade that port. See, also, the Havana, one of the safest and strongest of the Spanish ports, and so situated as to possess every advantage in annoying our commerce. Are the gentlemen, therefore, really serious when they endeavor to persuade us that the Western people are in such a state of fury and

he is hereby authorized, whenever he shall judge it expedient, to require of the Executives of the several and equip, according to law, and hold in readiness to march at a moment's warning, eighty thousand effective militia, officers included.

States to take effectual measures to organize, arm,

Resolved, "That the President may, if he judges it expedient, authorize the Executives of the several States, to accept, as part of the detachment aforesaid,

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Resolved, "That

Mississippi Question.

dollars be appropriated for paying and subsisting such part of the troops aforesaid, whose actual service may be wanted, and for defraying such other expenses as, during the recess of Congress, the President deem necessary for the security of the territory of the United States. Resolved, "That dollars be appropriated for erecting at such place or places on the Western waters, as the President may judge most proper, one

or more arsenals."

may

[FEBRUARY, 1902

any corps of volunteers; who shall continue in ser- | ernment of Spain or not. On this subject I am vice for such time, not exceeding months, free to declare that I entertain great doubts, and perform such services as shall be prescribed by which can only be cleared up by the course of law. events, or perhaps it will be enveloped in darkness. On the one hand, the terms of the proclamation, indicating a misunderstanding of the treaty, the remonstrances of the Governor of the Province, whose authority does not extend to commercial and fiscal affairs, over which the Intendant has an exclusive control, and the prompt and decided assurances of the Spanish Minister near the United States, would induce a belief that the act of the Intendant was unstthorized. On the other hand, it cannot readîy be believed that this officer would assume such an immense responsibility, and encounter an event so big with important consequences, not only to his country but to himself, without knowing explicitly the intentions of his GoTernment. Such, then, is the true state of the Spanish aggression: an important right had been secured to our citizens by the solemnity of a treaty. This right had been withdrawn by an officer of the Spanish Government, and whether this aggression was directed by it or not, is not as yet known. Other aggressions have, indeed, been stated by the honorable gentleman from Pennsylvania, (Mr. Ross,) in order to darken the picture, and with the manifest design of exasperating our feelings, inflaming our passions, and prompting an immediate appeal to the sword.

Mr. CLINTON.-The importance of a free navigation of the Mississippi has been duly appreciated by the Government, and a constant eye has been kept upon it in our negotiations with foreign powers. An attempt was, indeed, made under the Old Confederation to barter it away for twenty-five years, which, however, was effectually controlled by the good sense and patriotism of the Government. By the Treaty of Peace with Great Britain in 1783, by the Treaty of Amity, Commerce, and Navigation with her in 1794, and by the Treaty of Friendship, Limits, and Navigation with Spain, in 1795, the right of a free navigation of the Mississippi is recognized, and declared to exist from its source to the ocean, in the citizens of the United States. By the 22d article of the Treaty with Spain, it is declared that, "in consequence of the stipulations contained in the 4th article, his Catholic Majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandise and effects in the port of New Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the stores. And his Majesty promises either to continue this permission if he finds during that time that it is not prejudicial to the interests of Spain; or, if he should not agree to continue it there, he will assign to them, on another part of the lands of the Mississippi, an equivalent establishment." The 22d article, granting the right of deposit, is, therefore, founded upon the 4th article recognizing the right of free navigation, and is intended to give full and complete efficacy to it. By a proclamation of the Intendant of the Province of Louisiana, dated the 16th of October last, the right of deposit is prohibited. The reason assigned for this daring interdiction is, that the three years for which it was granted having expired, it cannot be continued without an express order from the King of Spain; and at the same time no equivalent establishment is assigned, according to the stipulations of the Treaty.

As to the nature, character, and tendency of the remedy proposed, there can be but one opinion. It proposes to enter the country of a foreign nation with a hostile force, and to seize a part of its territory. It is not preceded by a formal declaration, and cannot, therefore, come under the denomination of a solemn war, but it partakes of the character of a war not solemn. It answers to the definition of war, by Bur lamaqui, "a nation taking up arms with a view to decide a quarrel;" to that given by Vattel, who represents it to be "that state in which a nation prosecutes its right by force." A state of general hostilities would as necessarily follow as an effect would follow a cause; no nation would submit to the irruption of a hostile army without repelling it by force; the proud Castilian, as described by the gentleman from Delaware, would revolt at the insult; the door of negotiation would be effectually closed, and as the appeal would be to arms in the first instance, so the controversy must be finally decided by the preponderance of force. It would, therefore, not only have impressed me with a more favorable opinion of the honorable mover's candor, but There can be no doubt but that the suspen- also of his decision and energy as a statesman, sion of the right of deposit at New Orleans, and if he had spoken out boldly, and declared his the assignment of another place equally con- real object. War is unquestionably his design venient, ought to have been contemporaneous-his wish. Why, then, mask his proposition! and concurrent; that the conduct of the Inten- Why combine it with considerations connected dant is an atrocious infraction of the treaty, and with negotiation? Why not furnish the Amerithat it aims a deadly blow at the prosperity of can people at once with the real and the whole the Western States; but it is extremely ques- project of himself and his friends? If it is tionable whether it was authorized by the Gov-bottomed on patriotism and dictated by wis

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dom, it need not shrink from the touch of in- | others, or where its will has not been consulted, vestigation-it will receive their approving the unauthorized conduct of individuals being voice, and be supported by all their force. The never considered a just ground of hostility, resolution is then to be considered as a war until their sovereign refuses that reparation resolution; in no other light can it be viewed; for which his right of controlling their actions, in no other light ought it to be viewed; and in and of punishing their misconduct, necessarily no other light will it be viewed by the intelli- renders him responsible. These opinions are gence of the country. In this point of view, sanctioned by the most approved elementary I will proceed, said Mr. C., to consider its jus- writers on the laws of nations. tice and policy; its conformity with the laws and usage of nations, and the substantial interests of this country.

I shall not attempt to occupy your attention by threadbare declamation upon the evils of war, by painting the calamities it inflicts upon the happiness of individuals, and the prosperity of nations. This terrible scourge of mankind, worse than the famine or pestilence, ought not to be resorted to until every reasonable expedi-¡ ent has been adopted to avert it. When aggressions have been committed by the sovereign or representatives of a nation, negotiation ought in all cases to be first tried, unless the rights of self-defence demand a contrary course. This is the practice of nations, and is enjoined by the unerring monitor which the God of Nature has planted in every human bosom. What right have the rulers of nations to unsheath the sword of destruction, and to let loose the demon of desolation upon mankind, whenever caprice or pride, ambition or avarice, shall prescribe? And are there no fixed laws founded in the nature of things which ordain bounds to the fell spirit of revenge, the mad fury of domination, and the insatiable thirst of cupidity? Mankind have not only in their individual character, but in their collective capacity as nations, recognized and avowed in their opinions and actions, a system of laws calculated to produce the greatest happiness of the greatest number. And it may be safely asserted, that it is a fundamental article of this code, that a nation ought not to go to war, until it is evident that the injury committed is highly detrimental, and that it emanated from the will of the nation charged with the aggression, either by an express authorization in the first instance, or by a recognition of it when called upon for redress, and a refusal in both cases to give it. A demand of satisfaction ought to precede an appeal to arms, even when the injury is manifestly the act of the Sovereign; and when it is the act of a private individual, it is not imputable to his nation, until his Government is called upon to explain and redress, and refuses; because the evils of war are too heavy and serious to be incurred, without the most urgent necessity; because remonstrance and negotiation have often recalled an offending nation to a sense of justice, and a performance of right; because nations, like individuals, have their paroxysms of passion, and when reflection and reason resume their dominion, will extend that redress to the olive-branch, which their pride will not permit them to grant to the sword; because a nation is a moral person, and, as such, is not chargeable with an offence committed by

If I were called upon to prescribe a course of policy most important for this country to pursue, it would be to avoid European connections and wars. The time must arrive when we will have to contend with some of the great powers of Europe, but let that period be put off as long as possible. It is our interest and our duty to cultivate peace, with sincerity and good faith. As a young nation, pursuing industry in every channel, and adventuring commerce in every sea, it is highly important that we should not only have a pacific character, but that we should really deserve it. If we manifest an unwarrantable ambition, and a rage for conquest, we unite all the great powers of Europe against us. The security of all the European possessions in our vicinity will eternally depend, not upon their strength, but upon our moderation and justice. Look at the Canadas-at the Spanish territories to the South-at the British, Spanish, French, Danish, and Dutch West India islands

at the vast countries to the West, as far as where the Pacific rolls its waves; consider well the eventful consequences that would result if we were possessed by a spirit of conquest; consider well the impression which a manifestation of that spirit will make upon those who would be affected by it. If we are to rush at once into the territory of a neighboring nation, with fire and sword, for the misconduct of a subordinate officer, will not our national character be greatly injured? Will we not be classed with the robbers and destroyers of mankind? Will not the nations of Europe perceive in this conduct the germ of a lofty spirit and an enterprising ambition which will level them to the earth, when age has matured our strength and expanded our powers of annoyance, unless they combine to cripple us in our infancy? May not the consequences be, that we must look out for a naval force to protect our commerce; that a close alliance will result; that we will be thrown at once into the ocean of European politics, where every wave that rolls, and every wind that blows, will agitate our bark? Is this a desirable state of things? Will the people of this country be seduced into it by all the colorings of rhetoric, and all the arts of sophistry-by vehement appeals to their pride, and artful addresses to their cupidity? No, sir. Three-fourths of the American people (I assert it boldly, and without fear of contradiction) are opposed to this measure. And would you take up arms with a millstone hanging around your neck? How would you bear up, not only against the force of the enemy, but against the irresistible current of public opinion?

The

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[FEBRUARY, 186

thing, sir, is impossible; the measure is worse | das, and Georgia cannot remain an indifferer than madness; it is wicked beyond the powers spectator; in case of war, the blow struck of description. that river will be vibrated on the Saint Mary's and the attack on the one will be seconded an attack on the other.

It is in vain for the mover to oppose these weighty considerations by menacing us with an insurrection in the Western States, that may The gentlemen from Kentucky and Tennes eventuate in their seizure of New Orleans with- see have not those fears expressed by the gr out the authority of Government; their throw-tleman from Pennsylvania; they have decl ing themselves into the arms of a foreign their citizens satisfied with negotiation in the power; or in a dissolution of the Union. Such first place, and the conduct pursued by the Exthreats are doubly improper-improper as they ecutive. He could say the same, as respeta respect the persons to whom they are addressed, the citizens of the State he represents, an because we are not to be deterred from the per- begged leave to read a letter on the subject, formance of our duty by menaces of any kind, from a respectable gentleman of Georgia, a from whatever quarter they may proceed; and plauding the appointment of Mr. Monroe. it is no less improper to represent our Western [He here read a letter expressing the appre brethren as a lawless, unprincipled banditti, bation generally expressed at the nomination] who would at once release themselves from the That there has been an indignity offered wholesome restraints of law and order; forego the United States by the Spanish Government the sweets of liberty, and either renounce the of New Orleans, he should not deny; so far, be blessings of self-government, or, like Goths and joined the gentlemen on the other side, as DC Vandals, pour down with the irresistible force only to declare that sense of it, but to assen of a torrent upon the countries below, and car- that the withdrawing the right of deposit, ry havoc and desolation in their train. A sep-given under the fourth article of our treaty aration by a mountain, and a different outlet into the Atlantic, cannot create any natural collision between the Atlantic and Western States; on the contrary, they are bound together by a community of interests, and a similarity of language and manners-by the ties of consanguinity and friendship, and a sameness of principles. There is no reflecting and well-principled man in this country who can view the severance of the States without horror, and who does not consider it as a Pandora's box, which will overwhelm us with every calamity; and it has struck me with not a little astonishment that, on the agitation of almost every great political question, we should be menaced with this evil. Last session, when a bill repealing a Judiciary act was under consideration, we were told that the Eastern States would withdraw themselves from the Union, if it should obtain; and we are now informed that, if we do not accede to the proposition before us, the Western States will hoist the standard of revolt and dismember the empire. Sir, these threats are calculated to produce the evils they predict, and they may possibly approximate the spirit they pretend to warn us against. They are at all times unnecessary, at all times improper, at all times mischievous, and ought never to be mentioned within these walls.

Mr. J. JACKSON, of Georgia.-Coming from a State, at the extreme of the Union in the South, and excepting the States immediately interested in the navigation of the Mississippi, the most concerned, on the present occasion, of any in the Union, he hoped it would not be deemed improper in him to offer his sentiments on the resolution before the Senate; for, sir, no event can affect the settlers on the Mississippi, no change of masters can take place there, without the shock being felt on the frontiers of Georgia. The nation which holds New Orleans must eventually possess the Flori

with Spain, concluded at San Lorenzo el Real, prior to the pointing out another place for that purpose, is such a violation of our right, and such an insult to the dignity of the nation as ought not to be put up with in silence. We ought, we are bound to demand a restoration of that right, and to secure it to our Western citizens, let the risk be what it may, if it even extends to life and fortune. He cordially agreed with the gentleman who had preceded him, (Mr. MASON,) that it is a momentous subject; but could not consent to go at once to wa, without trying, in the first place, every peaceable mode to obtain redress.

The first part of the resolution declares, that the United States have an indisputable right to the free navigation of the river Mississippi, and to a convenient place of deposit for their produce and merchandise, in the island of New Orleans. Now, sir, the former part of this resolution is not affected by any proceedings of the Spanish Government. You are as perfectly in possession of the right as you ever were; your vessels are at this moment freely navigating that river; you have not heard of a single interruption; you have not learnt that the Spaniards, so far from interrupting that navigation, have ever doubted your right. Why then, sir, resolve on the assertion of rights which are not questioned, but of which you are completely in possession! He could compare it to no other case than that of a man in private life, in peaceable possession of his house, resolving on and publishing his own right to it, and thereby rousing the suspicions of his neighbors to doubt the title to it. Passing over the latter division of the first resolution, and which he acknowledged to be the fact, let us consider the second proposition, "That the late infraction of such their unquestionable right, is an aggression hostile to their honor and interest." Sir, after a declaration