Monday, January 14.
Edward Livingston, from New York, appeared, and took his seat.
Monday, January 21.
Intercourse with France, and her Islands.
San Domingo.
The fourth section of the bill to suspend this intercourse being under consideration,
Mr. Nicholas said, there are some words in this section [in italics] which he did not understand, and if he could not get an explanation of them in any other way, he would move to strike them out. They are not in the former law; and they are very extensive. They go to this, that a man in authority in one of these islands, be his authority as limited as it may, may make an agreement on the subject of intercourse different from what he is authorized to do by the Republic of France, and, in that case, the island is to be open for our commerce. He wished for some information on this subject.
Mr. S. Smith understood, that the reason why these words had been introduced into the bill was, in order to meet the case of Hispaniola.[38] It was well known that a new agent had succeeded Hedouville there; that he has published a proclamation, stating, that notwithstanding the decree of the French Republic, which directs the seizure of all American vessels and their cargoes, whenever there shall be found on board an article of British manufacture, he was authorized to suspend that decree so far as relates to vessels coming to that island. And, Mr. S. said, if any agent in the West Indies could give assurances that no capture should take place from the island of which he is Governor, then the President shall be authorized to open our commerce with that Island. It was on this ground that he had given his consent to this clause of the bill.
Mr. Nicholas said, if the clause were intended to meet the case to which the gentleman had alluded, the agent had his powers from the French Government, and whatever he did must be considered as done by that Government, until his power shall be revoked; but as the clause stood, it would authorize the President to treat with usurpers; not merely with persons in power, but with any persons having momentary possession of a place, and he could not agree to such a principle. Why, asked Mr. N., was this law originally passed? Was it not an order to bring France to terms by distressing her islands? Suppose France should say to one of her agents in the West Indies, "You shall be authorized to make a stipulation with the United States to take off the suspension of intercourse with respect to your Island." Would not this be to acknowledge that there our regulation pinched her? And would not the opening of intercourse with such a place, by relieving the distresses of France, defeat the original intention of the law? [Mr. Harper asked if there was any question before the committee?] Mr. N. said he would make one by moving to strike out this section. A clause of this kind, Mr. N. said, held out an invitation to agents to abandon their country, and to set up Governments of their own. If it were to operate only in a partial manner, for the relief of such of the French islands as are so far distressed as that the Government should be willing to restrain her depredations, so far as related to those particular places, where will be the efficiency of the law afterwards? It will only prove a burden upon our own citizens, without injuring France. If we are to have a free trade with the West Indies, why deprive tobacco planters of going immediately to the country where the article is consumed, instead of going through Spain, and by other circuitous routes? But the other aspect of the bill, Mr. N. said, was the most extraordinary and exceptionable he ever saw. It authorized the President to treat with persons "claiming authority." This provision may produce consequences the most fatal. Suppose any of the islands make a separate negotiation with this country; what will be the effect of our having thus enticed them to disobey their Government? Will this Government not be chargeable with having assisted in detaching such a colony from its Government? And if so, could any thing afford a more lasting cause for war than an act of this kind? If there be any disposition in the French Government to treat, (which, however, the Secretary of State denies,) a conduct of this kind would effectually root it out, and there could be no treaty—no peace between the two countries—for years to come. If gentlemen, therefore, can give no better explanation of this clause than has already been given, he hoped it would be stricken out.
Mr. Otis did not believe that a more unjustifiable jealousy ever entered the heated imagination of the gentleman from Virginia, than that which occupies it at this moment. He seems to think that this section of the bill is intended only to encourage usurpation and rebellion, whereas a slight attention should convince him, that when any one of the French islands or dependencies revolt and declare for independence, neither the law passed the last session nor this bill will apply to such a case. In such an event, there is nothing in the existing laws to prevent our carrying on a free trade with such revolted island. If attention be paid to the first section of the bill, it will be seen to apply only to such places as are under the acknowledged government of France; and the moment a place is no longer under her government, both the existing law and this section become null with respect to that place, and a new relation would be created which would be regulated under the law of nations. If a rebellion of this kind should break out, it would become a question to what extent we ought to carry on commerce with the rebellious place; and we should then be governed by existing circumstances. If we should be at war with France, we should doubtless, said Mr. O., avail ourselves of the trade to its full extent, without respect to her wishes; but if an accommodation of differences should be effected, and the mother country should prohibit all trade with the revolters, it is not presumable that this Government would sanction any commerce that would provoke a war, or protect adventurers from the seizure and confiscation of their property.