FEBRUARY, 1803.] Mississippi Question. [SENATE. of this kind, can you retract? You cannot; it Now, sir, is it not our duty to consult our is in fact a declaration of war itself. Many of country's interest, before we take this rash step, the courts of Europe would consider it so, and which we cannot recall? Peace is the interest have engaged in war for less cause of offence of all republics, and war their destruction; it than this resolution contains. You pronounce loads and fetters them with debt, and entangles at once, without knowing whether the proceed- not only the present race, but posterity. Peace, ings at New Orleans were sanctioned by the sir, has been the ruling policy of the United Court of Spain, that that nation is in a state of States throughout all her career. If we show hostility against your honor and interest, which the citizens that we are not willing to go to war, declaration, coupled with the following resolu- | and load them with taxes, they will all be with tion, "That it does not consist with the dignity us, when a necessity for war arrives. What, or safety of this Union to hold a right so im- sir, was the policy of America, from the comportant by a tenure so uncertain," is a direct mencement of the Revolution? At that day, insult to that nation. But if war is not to be did we hastily go to war? No; we tried every found in those resolutions, is it not in the fifth peaceable means to avoid it, and those means resolution, "That the President be authorized induced a unanimity in the people. to take immediate possession of such place or places in the said island, or the adjacent territories, as he may deem fit or convenient." Is this not war? If it be not, he knew not what war was! And now let us inquire, if we should be justified in adopting those measures, on the grounds of public or private justice, or the laws of nations. Sir, the going to war has always been considered, even among barbarous nations, a most serious thing; and it has not been undertaken without the most serious deliberation. It was a practice among the Romans, prior to undertaking a war, to consult the faciales on the justice of it; and, after it had been declared just, to refer it to the Senate, to judge of the policy of it; and unless the justice and the policy were both accorded in, the war was not undertaken. If this was the case then among barbarous nations, shall we, who call ourselves a civilized nation, not well weigh the justice and the policy of going to war, before we undertake it? At the commencement many States were exceedingly divided, in some a majority were against us; yet, seeing the moderation and justice of our measures, and the rashness and tyranny of the British cabinet, they came over to our side, and became the most zealous among us. At the present moment, sir, the people are averse to war, they are satisfied with the steps of the Executive, they wish negotiation. If you adopt these resolutions, they will be still divided; if you negotiate, and fail in that negotiation-if you cannot obtain a redress of the injury which they feel as well as you, they will go all lengths with you, and be prepared for any event; you will have this advantage, you will be unanimous, and America united is a match for the world. In such a case, sir, every man will be anxious to march, he would go himself if called on, and whether the sluggish Spaniard or the French grenadier commands New Orleans, it must fall; they will not be able to resist the brave and numerous hosts of our Western brethren, who are so As to national honor and dignity, he believed much interested in the injury complained of. we have all a proper sense of it, and he would He was himself of opinion that New Orleans be one of the last on this floor to put up with must belong to the United States; it must insult and indignity from any nation; but, as come to us in the course of human events, much as we had heard of it, he did not think although not at the present day; for he did not we ought, without negotiation, to resent every wish to use force to obtain it, if we could get a injury by war. In many cases, national honor redress of injury; yet it will naturally fall into is only a convertible term for national interest; our hands by gradual but inevitable causes, as and he begged leave to relate an anecdote of a sure and certain as manufactures arise from celebrated soldier on this head. After the fail- increased population and the plentiful products ure of the attempted storm of Savannah, in the of agriculture and commerce. But let it be noyear 1779, Count D'Estaing, who was wounded ticed, that if New Orleans by a refusal of jusin the attack, and lay in that situation about five tice falls into our hands by force, the Floridas, miles from Savannah, was visited by Governor as sure as fate, fall with it. Good faith forbids Rutledge and other gentlemen of South Caro-encroachment on a pacific ally; but if hostility lina and Georgia. The Governor having perceived some movements in camp indicative of a retrogade motion, told the Count that his own honor and the honor of France were concerned in his remaining and taking the city. The Count very mildly replied, "Gentlemen, if my honor is to be lost by not taking the city, it is lost already; but I deem my honor to consist in the honor of my country, and that honor is my country's interest!" The time of operation in the West Indies was arrived, and the Count re-embarked his troops. shows itself against us, interest demands it; Georgia in such case could not do without it. God and nature have destined New Orleans and the Floridas to belong to this great and rising empire. As natural bounds to the South, are the Atlantic, the Gulf of Mexico, and the Mississippi, and the world at some future day cannot hold them from us. THURSDAY, February 24. Agreeably to the order of the day, the Senate resumed the consideration of the resolutions respecting the indisputable right of the United States to the free navigation of the Mississippi, together with the proposed amendments there to. [FEBRUARY, 1803 the resolutions themselves? So far from cramping, or diminishing the power of gentlemen opposed to us, in a crisis like the present, we only offer to strengthen their own hands. Had the advice of an honorable gentleman near me (Mr. MORRIS) been listened to, when you were dis banding your army, this crisis would not have happened. Had you then posted at the Natebes, as he recommended, a thousand soldiers, the navigation of the Mississippi would not now have been interrupted. He foretold you what would happen, and his prediction has been literally fulfilled. Mr. WELLS, of Delaware, said,—Gentlemen have persuaded themselves that the conduct of the Intendant is not authorized by the Spanish or French Government; but what reason have they assigned us in support of this opinion? There is but one fault I find with these resoThey tell us of the friendly assurances received lutions, which is, they do not go far enough. from the Minister of His Catholic Majesty resi- If I could obtain a second, I would move an dent near our Government; and they place amendment explicitly authorizing the taking considerable stress upon the circumstance of possession of both the Floridas as well as the the Governor of New Orleans disapproving of island of New Orleans, In one respect I enwhat the Intendant has done. I will not stop tirely accord with the honorable gentleman to speak of the imprudence of reposing them- from Georgia, (Mr. JACKSON,) and I admire selves upon the assurances of a Minister, per- the manly and decisive tone in which he has haps expressly instructed to mislead them. spoken upon this subject. We both agree that But why have they trusted to the imaginary the Floridas must be attached to the United collision of sentiment between the Governor States; but we differ in point of time. The and Intendant of New Orleans? Do not gen- violent aggression committed upon our rights, tlemen know that our Government is in pos- and the extent of the danger with which we session of testimony, demonstrating beyond all are threatened, in my humble opinion, would kind of doubt, that this is not the fact? Have amply justify our taking possession of them they not seen the letter of the Governor of immediately. Look at the relative situation New Orleans to the Governor of the Mississip- of Georgia, the Mississippi Territory, and he pi Territory? In this letter I learn that the Floridas, and it will require very little of the Governor comes out and acknowledges his co-spirit of prophecy to foretell that we shall, ere operation with the Intendant, justifies the breach of the treaty, and declares that these instruments cease their binding force the moment it suits the interest of either party to break through them. Alas! the history of the world furnishes us too many evidences of this melancholy truth. But this is the first time that any nation has had the hardihood to avow it. No, sir, even Carthage herself, who became proverbial for her disregard of treaties, never attained to a point so profligate. If I am incorrect in my statement, honorable gentlemen, who have easier access to the sources of official information than is permitted to us, will set me right. Why has this document been so sedulously kept from the public eye? Why it should be even now so carefully locked up, is a mystery not for me to unravel. I see no other course for us to pursue than that pointed out by the resolutions. Our interests, our honor, and our safety, require it to be adopted. I am aware that the alarm of war will be rung through the country. I know full well the pains that will be taken to impress an opinion upon our fellow-citizens that we are the friends of war. This we cannot help: the danger with which our country is threatened, will not permit us to shrink from the discharge of our duty, let the consequences to ourselves be what they may. Let me ask you with my honorable friend from New Jersey, (Mr. DAYTON,) what stronger evidence can we give you of the sincerity of our intentions than long, be compelled to possess ourselves of them in our own defence. Mr. GOUVERNEUR MORRIS.-Mr. President, my object is peace. I could assign many reasons to show that this declaration is sincere. But can it be necessary to give this Senate any other assurance than my word? Notwithstanding the acerbity of temper which results from party strife, gentlemen will believe me on my word. I will not pretend, like my honorable colleague, (Mr. CLINTON,) to describe to you the waste, the ravages, and the horrors of war. I have not the same harmonious periods, nor the same musical tones; neither shall I boast of Christian charity, nor attempt to display that ingenuous glow of benevolence so decorous to the cheek of youth, which gave a vivid tint to every sentence he uttered; and was, if possible, as impressive even as his eloquence. But, though we possess not the same pomp of words, our hearts are not insensible to the woes of humanity. We can feel for the misery of plundered towns, the conflagration of defenceless villages, and the devastation of cultured fields. Turning from these features of general distress, we can enter the abodes of private affliction, and behold the widow weeping, as she traces, in the pledges of connubial affection, the resemblance of him whom she has lost for ever. We see the aged matron bending over the ashes of her son. He was her darling; for he was generous and brave, and therefore his spirit led him to the field in defence of his country. We can observe another oppressed with unutterable anguish: condemned to conceal her affection; forced to hide that passion which is at once the torment and delight of life; she learns that those eyes which beamed with sentiment, are closed in death; and his lip, the ruby harbinger of joy, lies pale and cold, the miserable appendage of a mangled corpse. Hard, hard indeed, must be that heart which can be insensible to scenes like these, and bold the man who dare present to the Almighty Father a conscience crimsoned with the blood of children. [SENATE. per confidence in what they may think proper to communicate. I believe the Spanish Minister has the best imaginable disposition to preserve peace; being indeed the express purpose for which he was sent among us. I believe it to be an object near to his heart, and which has a strong hold upon his affections. I respect the warmth and benevolence of his feelings, but he must pardon me that I am deficient in courtly compliment; I am a republican, and cannot commit the interests of my country to the goodness of his heart a arrested, but whether by authority or not is equivocal. He says the representative of Spain verily believes it to be an unauthorized act. My honorable colleague informs us there has been a clashing between the Governor and Intendant. He says we are told by the Spanish Minister it was unauthorized. Notwithstanding these assurances, however, my honorable colleague has, it seems, some doubts; but nevertheless he presumes innocence, for my colleague is charitable. The honorable member from Maryland goes further. He tells us the Miniser of Spain says, the Intendant had no such Yes, sir, we wish for peace; but how is that authority, and the Minister of France, too, says blessing to be preserved? I shall here repeat there is no such authority. Sir, I have all posa sentiment I have often had occasion to ex-sible respect for those gentlemen, and every propress. In my opinion, there is nothing worth fighting for, but national honor; for in the national honor is involved the national independence. I know that a State may find itself in such unpropitious circumstances, that prudence may force a wise government to conceal the sense of indignity. But the insult should be engraven on tablets of brass, with a pencil of steel. And when that time and chance, which happen to all, shall bring forward the favorable moment, then let the avenging arm strike him. It is by avowing and maintaining this stern principle of honor, that peace can be preserved. But let it not be supposed that any thing I say has the slightest allusion to the injuries sustained from France, while suffering in the pangs of her Revolution. As soon should I upbraid a sick man for what he might have done in the paroxysms of disease. Nor is this a new sentiment; it was felt and avowed at the time when these wrongs were heaped on us, and I appeal for the proof to the files of your Secretary of State. The destinies of France were then in the hands of monsters. By the decree of Heaven she was broken on the wheel, in the face of the world, to warn mankind of her folly and madness. But these scenes have passed away. On the throne of the Bourbons is now seated the first of the Gallic Cæsars. At the head of that gallant nation is the great-the greatest-man of the present age. It becomes us well to consider his situation. The things he has achieved, compel him to the achievement of things more great. In his vast career, we must soon become objects to command at tention. We too, in our turn, must contend or submit. By submission we may indeed have peace, alike precarious and ignominious. But is this the peace which we ought to seek? Will this satisfy the just expectation of our country? No. Let us have peace permanent, secure, and, if I may use the term, independent. Peace which depends, not on the pity of others, but on our own force. Let us have the only peace worth having, a peace consistent with honor. Before I consider the existing state of things, let me notice what gentlemen have said in relation to it. The honorable member from Kentucky has told us, that indeed there is a right What is the state of things? There has been cession of the island of New Orleans and of Louisiana to France. Whether the Floridas have also been ceded is not yet certain. It has been said, as from authority, and I think it probable. Now, sir, let us note the time and the manner of this cession. It was at or immediately after the treaty of Lunéville, at the first moment when France could take up a distant object of attention. But had Spain a right to make this cession without our consent? Gentlemen have taken it for granted that she had. But I deny the position. No nation has a right to give to another a dangerous neighbor without her consent. This is not like the case of private citizens, for there, when a man is injured, he can resort to the tribunals for redress; and yet, even there, to dispose of property to one who is a bad neighbor is always considered as an act of unkindness. But as between nations, who can redress themselves only by war, such transfer is in itself an aggression. He who renders me insecure; he who hazards my peace, and exposes me to imminent danger, commits an act of hostility against me, and gives me the rights consequent on that act. Suppose Great Britain should give to Algiers one of the Bahamas, and contribute thereby to establish a nest of pirates near your coasts, would you not consider it as an aggression? Suppose, during the late war, you had conveyed to France a tract of land along Hudson's River, and the northern route by the Lakes into Canada, would not Britain have considered and treated it as an act of direct hostility? It is among the first limitations to the exercise of the rights of property, that we must so use our own as not to injure another; and it is under the immediate sense SENATE.] Mississippi Question. [FEBRUARY, 1808. of this restriction that nations are bound to act | procedure. Sir, if the Intendant was amenable toward each other. to the Minister, why did he not inform him of But it is not this transfer alone. There are the step he was about to take, that the Presi circumstances both in the time and in the man- dent of the United States might seasonably ner of it which deserve attention. A gentle- have been apprised of his intention, and given man from Maryland (Mr. WRIGHT) has told the proper notice to our fellow-citizens? Why you, that all treaties ought to be published and has he first learnt this offensive act from those proclaimed for the information of other nations. who suffer by it? Why is he thus held up to I ask, was this a public treaty? No. Was contempt and derision? If the Intendant is to official notice of it given to the Government of be controlled by the Minister, would he have this country? Was it announced to the Presi- taken a step so important without his advice? dent of the United States, in the usual forms Common sense will say no. But, the bitter cup of civility between nations who duly respect of humiliation was not yet full. Smarting Eneach other? It was not. Let gentlemen con- der the lash of the Intendant, the Minister soothes tradict me if they can. They will say perhaps you with assurances, and sends advice-boats to that it was the omission only of a vain and idle announce your forbearance. But while they ceremony. Ignorance may indeed pretend that are on their way, new injury and new insalt such communication is an empty compliment, are added. The Intendant, as if determined which, established without use, may be omitted to try the extent of your meekness, forbids to without offence. But this is not so. If these your citizens all communication with those who be ceremonies, they are not vain, but of serious inhabit the shores of the Mississippi. Though import, and are founded on strong reason. He they should be starving, the Spaniard is made who means me well acts without disguise. criminal who should give them food. FortsHad this transaction been intended fairly, it nately, the waters of the river are potable, or would have been told frankly. But it was se- else we should be precluded from the common cret because it was hostile. The First Consul, benefits of nature, the common bounty of in the moment of terminating his differences heaven. What then, I ask, is the amount of with you, sought the means of future influence this savage conduct? Sir, it is war. Open and control. He found and secured a pivot for and direct war. And yet gentlemen recomthat immense lever, by which, with potent arm, mend peace, and forbid us to take up the he means to subvert your civil and political in- gauntlet of defiance. Will gentlemen sit here stitutions. Thus, the beginning was made in and shut their eyes to the state and condition deep hostility. Conceived in such principles, of their country? I shall not reply to what it presaged no good. Its bodings were evil, has been said respecting depredations on comand evil have been its fruits. We heard of it merce, but confine myself to objects of which during the last session of Congress, but to this there can be no shadow of doubt. Here is a hour we have not heard of any formal and vast country given away, and not without danregular communication from those by whom it ger to us. Has a nation a right to put these was made. Has the King of Spain, has the States in a dangerous situation? No, sir. And First Consul of France, no means of making yet it has been done, not only without our con such communication to the President of the sent previous to the grant, but without observUnited States? Yes, sir, we have a Ministering the common forms of civility after it was in Spain; we have a Minister in France. Nothing was easier, and yet nothing has been done. Our First Magistrate has been treated with contempt; and through him our country has been insulted. made. Is that wonderful man who presides over the destinies of France, ignorant or unmindful of these forms? See what was done the other day. He directed his Minister to communicate to the Elector of Bavaria, his intended movements in Switzerland, and their object. He knew the Elector had a right to expect that information, although the greater part of Swabia lies between his dominions and Switzerland. And this right is founded on the broad principles already mentioned. With that meek and peaceful spirit now so strongly recommended, we submitted to this insult, and what followed? That which might have been expected; a violation of our treaty. An open and direct violation by a public officer of the Spanish Government. This is not the case cited from one of the books. It is not a Having thus considered the effect of this ceswrong done by a private citizen, which might, sion upon the United States, in a general point for that reason, be of doubtful nature. No; it of view, let us now examine it more particularis by a public officer, that officer, in whose ly, as it regards the greater divisions of our particular department it was to cause the faith-country, the Western, the Southern, the Middle, ful observance of the treaty which he has violated. We are told indeed that there was a clashing of opinion between the Governor and the Intendant. But what have we to do with their domestic broils? The injury is done, we feel it. Let the fault be whose it may, the suffering is ours. But, say gentlemen, the Spanish Minister has interfered to correct this irregular and the Eastern States. I fear, sir, I shall detain you longer than I intended, certainly longer than the light of day will last, notwithstanding my effort to comprise what I have to say in the smallest compass. As to the Western States, the effects will be remote and immediate. Those more remote may be examined under the twofold aspect of peace and war. In peace they FEBRUARY, 1803.] Mississippi Question. [SENATE. will suffer the diminution of price for their pro- | from their present connection. The talents of duce. The advantage of supplying the French, the French to gain the good will of the savages Dutch, and Spanish colonies, may at first sight is well known, and the disposition of those unlead to a different opinion; but when the port cultured men for war, is equally notorious. of New Orleans is shut to all but French ships, Here then is a powerful instrument of destructhere will no longer be that competition which tion, which may be used against you with ruinnow exists, and which always results in the ous effect. Besides, what is the population of highest price that commodities can bear. The the Southern States? Do you not tremble French merchants have neither the large capi- when you look at it? Have we not within these tal, nor have they the steady temper and per- few days passed a law to prevent the importasevering industry which foster commerce. Their tion of certain dangerous characters? What invariable object in trade, is to acquire sudden will hinder them from arriving in the Floridas, wealth by large profit; and if that cannot be and what can guard the approach from thence done, they abandon the pursuit for some new to our Southern frontier? These pernicious project. Certain of the market, and certain of emissaries may stimulate with a prospect of freethe increasing supply, they will prescribe the dom the miserable men who now toil without price, both to those who cultivate, and to those hope. They may excite them to imitate a fatal who consume. Such will be the effect in peace. example, and to act over those scenes which fill In a war with Great Britain, the attention of our minds with horror. When the train shall her fleets to cut off supplies from her enemies, be laid; when the conspiracy shall be ripe; must necessarily affect the price of produce in when the armies of France shall reach your a still greater degree; and in a war with France frontier, the firing of the first musket will be a it will bear no price at all, until New Orleans signal for general carnage and conflagration. If shall be wrested from their grasp. Add to this you will not see your danger now, the time the danger and the devastation from the troops must soon arrive when you shall feel it. The of that country, aided by innumerable hosts of Southern States being exposed to such immisavages from the Western wilds. Such being | nent danger, their Representatives may be made the evident effects to be produced in times not to know, that a vote given in Congress shall far remote, the present evil follows from the realize the worst apprehensions. You will then anticipation of them. The price of land must feel their danger even on this floor. be reduced, from the certainty that its produce will become less valuable. The flood of emigration to those fertile regions must cease to flow. The debts incurred in the hope of advantageous sales, must remain unpaid. The distress of the debtor must then recoil on his creditor, and, from the common relations of society, become general. Let us now consider the consequence of the cession we complain of, to other nations, and this we may do generally, and then more especially as to those who have a direct and immediate interest in the transaction. In a general view, the first prominent feature is the colossal power of France. Dangerous to Europe and to the world, what will be the effect of a great inWhat will be the effect on the Southern crease of that power? Look at Europe! One States? Georgia, Carolina, and the Mississippi half of it is blotted from the list of empire. Territory are exposed to invasion from the Austria, Russia, Prussia, and Britain, are the Floridas and New Orleans. There are circum- only powers remaining, except Sweden and stances in that portion of America which render Denmark, and they are paralyzed. Where is the invasion easy, and the defence difficult. Italy, Switzerland, Flanders, and all Germany Pensacola, though the climate be warm, is west of the Rhine? Gone; swallowed up in among the healthiest spots on earth. Not only the empire of the Gauls. Holland, Spain, Pora large garrison, but an army may remain there tugal, reduced to a state of submission and dewithout hazard. At Pensacola and St. Augus-pendence. What is the situation of the powers tine, forces may be assembled to operate in that season of the year, when the morasses which separate them from our southern frontier no longer breathe pestilence. By what are those armies to be opposed? Will you call the militia from the North to assist their Southern brethren? They are too remote. Will you secure their seasonable aid, bring them early to the fields they are ordered to defend? They must perish. The climate, more fatal than the sword, will destroy them before they see their foe. The country adjoining to our Southern frontier is now in possession of the most numerous tribes of savages we are acquainted with. The access to it from New Orleans and the Floridas is easy and immediate. The toys and gewgaws manufactured in France, will be scattered in abundance, to win their affections, and seduce them that remain? Austria is cut off from Italy, the great object of her ambition for more than three centuries; long the rival of France, long balancing with the Bourbons the fate of Europe, she must now submit, and tacitly acknowledge to the world the superiority of her foe, and her own humiliation. Prussia, under the auspices of the Great Frederick, was at the head of a Germanic league to balance the imperial power. Though united with Austria for a moment in the hollow league of the coalition, she has, like Austria, been actuated by a blind jealousy, and favoring the operations of France for the ruin of her rival, expected to share largely in the general spoil. In this fond hope she is disappointed; she now sees the power of France at her door. There is not a fortress from the Rhine to the Baltic, except Magdeburgh, which |