Mr. Harper said, when this amendment was first made, he considered it as making no considerable change in the section, and was, therefore, inclined to vote for it; but the gentleman from Massachusetts, (Mr. Varnum,) of whose discernment he had a very high opinion, having said that he considered it as making a very considerable change in the section, and declaring that he would, on that account, vote for it, he was induced to take a further view of it, and he found, upon reconsideration, that it would, indeed, make a very material change in the section, and because he found this would be the case, he must vote against it.
Mr. Gallatin said, it appeared to him that this amendment goes no further than to prevent any stipulations with persons who have usurped the power of a country. It was yesterday stated by the gentleman from Massachusetts, and repeated to-day by the gentleman from North Carolina, that it did not extend to cases where men's commissions are doubtful. If a man has once held a commission as an agent in any French colony, he may be recognized as their agent, so long as he has not been publicly declared to be otherwise. His exercising the power will be sufficient proof that he has it; and, unless this principle is admitted, it must be evident that the bill is intended to operate in favor of revolters.
There is a great difference, said Mr. G., between this amendment and the one which had been moved by the gentleman from Virginia, the gentleman from New York, or that which he had himself moved. It was the opinion of the gentleman from Virginia, and it was his also, that the President ought not to be authorized to open a trade with St. Domingo, unless the constituted authorities of France had disavowed their former aggressions, and refrained from them; they did not think it right to permit a trade with particular parts of the possessions of France, considering that the measure was originally taken to distress the French Government, and bring it to terms; but this section gives the power of opening a partial intercourse with St. Domingo, though the Government of France should not disavow any of her former illegal acts; and the present amendment only proposes to except cases of insurgency. Nor could he see what possible objection can be made to it, except that it will prevent a lure from being held out to promote the independence of St. Domingo; for in nothing else does the amendment differ from the bill as it now stands.
If we are to hold out this lure, said Mr. G., it must be because we have the right, and it is our interest to do it. When he asserted we have not the right to do it, he would remark upon the word "right." Gentlemen say we have a right to do this, because we are an independent nation. No doubt. But when he said we have not a right to do it, he meant that we could not do it without infracting the law of nations, or those rules which we have declared ought to govern every nation. And though the gentleman from Connecticut has said that there is no connection of a political nature between us and France, and therefore considers this as merely a commercial regulation, Mr. G. said, he has mistaken his meaning, by making use of the word "connection" instead of relation. We have no connection, either commercial or political, with France; but we stand, as a nation, in a political and commercial relation with France and other nations. There is no connection between us, but there is the same relation, both political and commercial, that there is between all other nations. And, said Mr. G., it is, doubtless, an infraction on the law of nations to offer any lure, or promote the independence of a colony. We certainly have a right to give assistance, in case of a rebellion, by running the risk of becoming a party in the war, but not without infracting the law of nations; still less could we do it without breaking that morality in politics, the breach of which we have so often complained of. We may suppose the Government of France radically wrong, and the people exercising it corrupt, but neither would justify the overturning, or holding out any encouragement to others to overturn, the Government of any part of her dependencies. A conduct of this kind could only be justified in time of war.
In this country, in our speeches, at least, we have gone further, and said that, even in case of war, it would not be right to sow the seeds of insurrection; for, on what other grounds could we account for the philippics which have been pronounced on this floor against France, for her conduct not only against countries with whom she was at peace, but also against those with whom she was at war. This was the case with respect to all the charges made against France with respect to Holland, or the Milanese (now Cisalpine Republic) with whom she was at war when the attempts condemned were made. But we have said, war is at best an unfortunate state, and it is not right to heighten its evils by exciting insurrections and commotions. If this principle is right, and Mr. G. believed it correct in most cases, it is clear that we shall not be justified in promoting insurrections, even in war, much less in this state which is a state of hostility, but not of war.
Notwithstanding the respect which he paid to the opinion of the gentleman from South Carolina (Mr. Pinckney) he could not be persuaded that the independence of St. Domingo could be a desirable object. To-day, it had been avowed, in what fell from his colleague, (Mr. Hartley,) that this was the ground upon which the clause was founded, all the French force being withdrawn. He gave credit to the candor of his colleague for the declaration, and it was in this point of view which he had always considered it, because he had stated that, no doubt, an agent from that quarter had come with propositions to our government.
Mr. G. repeated some of his former reasons against the policy of promoting the independence of St. Domingo. He heard the gentleman from Rhode Island, with regret, repeat one of those illiberal ideas that had been so frequently introduced here, by saying that gentlemen seemed opposed to this measure, because it would be injurious to France.
Mr. Pinckney wished to make a single observation upon what fell from the gentleman from Pennsylvania. In order to defeat all that has been said about this section holding out a lure for the establishment of the independence of St. Domingo, it need only be said, that it is confined to the colonies which are under the jurisdiction of France. The language of this clause is, "so long as you continue dependent, we will treat with you."
Mr. Nicholas explained.
Mr. Sprague observed that the gentleman from Pennsylvania insisted upon it, that, without this amendment, this bill would hold out a lure to insurrections in St. Domingo, and that if gentlemen did not wish to encourage these, they must agree to the amendment. What is this encouragement? It is, "if you will forbear committing depredations, which we have heretofore experienced from you, we will open our trade with you." Then, according to the gentleman's reasoning, acts of hostility against the commerce of this country, are favorable to France; or rather, ceasing to commit them is an act of rebellion against the mother country; and, to hold out a lure on our part, to stop these depredations, is so contrary to the views of France, as to give a high offence to that country.