Chapter L: TREZEVANT and W. TIMMONS, Esqs (1)

N. B.--It would be proper to premise that you were
passengers, and your distance from the Moro Castle at the
time of capture.

G. C. M.

* * * * *

HAVANA, _November 18, 1798_.

SIR: Agreeably to your request, we now commit to writing
the best account we are able to give you of the conduct of
Captain Loring, Commodore of the British squadron which was
lately off the Moro, towards the United States ship
Baltimore. We must observe, however, that all we can say of
it is from the information of Captain Phillips, as we were
not on board the Baltimore when she was visited by Captain
L.'s officers.

In the morning of the 16th instant, we discovered this
squadron when we were in sight of the Moro, and afterwards
found it was composed of Captain Loring's ship, the
Carnatic, of 74 guns; Captain ----'s ship, the Thunderer,
of the same force; Captain Dobson's ship, the Queen, of 98
guns; Captain Donnelly's frigate, the Maidstone, of 32
guns; and Captain Hardy's frigate the Greyhound, of the
same force. We were passengers in the brig Norfolk, Captain
Butler, which, together with the ship Eliza, Captain Baas,
and the brig Friendship, Captain Fuller, were cut off from
their entrance into port, and were all made prizes within
gunshot of the Moro. We obtained leave to go on board the
Baltimore with our baggage, and did so. When Captain
Phillips discovered they were English ships, (which was
before we were taken,) he stood towards them, and spoke the
Commodore. After we got on board the Baltimore, the Captain
informed us that he had been on board the Carnatic, and the
Commodore told him he should take out of the Baltimore all
such men as had not American protections; that he had
remonstrated with him against showing such an indignity to
our flag; that to do so would leave his ship in a very
defenceless state, and would deprive him of nearly all his
men, as not even those who were really Americans, or at
least very few of them, could show protections, because it
was always thought that our flag on board of a Government
ship, was a sufficient protection. All this, however, was
urged in vain. Captain P. returned to his ship, and the
Commodore sent an officer on board the Baltimore, who
carried away fifty-five of her men to the Carnatic. Captain
Phillips remained in expectation that nearly all the rest
would be taken from him; but whether the Commodore, upon
reflection, thought better of it, or whatever else might
have been his motive, he sent back fifty, and kept five,
among whom was the ship's boatswain. Captain Loring
proposed to give up a number of American seamen, who, he
said, were in his fleet, if Captain P. would give him
English subjects for them. Captain P. refused this offer,
and the American seamen were not delivered to him. Before
any of the men were returned, he sent a message to Captain
P. to let him know if he, or one of his officers, would go
on board of him, and point out who were Americans and who
were not, he would return all the Americans; but this was
declined also. After we got on board the Baltimore, he sent
a letter to Captain P. which he showed to us, in which the
Commodore "demanded" that he would give up all the British
subjects on board the Baltimore. To this, Captain P.
replied that he could not know any of his men as British
subjects, nor could he, as commander of a ship, in the
service of the United States, voluntarily give up any of
his men; but if he thought fit to send an officer on board,
with orders to take any number of his men, he should not
oppose it. In this answer, Captain P. mentioned he should
lay before the Executive of the United States a full
account of the occurrences of the day. Shortly after
sending this reply, the squadron set sail, and left the
Baltimore. Commodore L. was very polite to us, and was so
to Captain P. when he went on board; but Captain P.
complained of indecent behavior from the inferior officers.

LEWIS TREZEVANT,
WM. TIMMONS.

G. C. MORTON, Esq., _Vice Consul of the U. S. at Havana_.

The Message and documents were read, and ordered to lie on the table.

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.

But it is not enough, observed Mr. O., to say that this section does not relate to rebellious colonies; it is merely a provision to meet such conditions as the agents of the Executive Directory are entitled to make, consistently with their allegiance to their own country--such at least as they constantly undertake to propose. Without assuming to define the powers of these agents, it was very clear that they have undertaken to dispense with the decrees and laws of the Republic, whenever the exigencies of their Governments have, in their opinion, made it necessary or convenient.

At St. Domingo and at Guadaloupe, the agents seem to exercise an unlimited control over the trade and maritime concerns of those islands. He presumed they had a discretionary right given to them to relax or suspend many of the decrees of the mother country, with respect to the territory they are appointed to govern. The uniform conduct of Santhonax and Polverel, and of all the Commissioners at St. Domingo, show this to be the case; and at Guadaloupe, Victor Hugues has proved himself to be nothing less than a despot. If this bill passed, these Commissioners may open the commerce with this country, even though an open war should exist between this nation and France. Nay, Mr. O. said, he had a proclamation of Hedouville, the late agent at Cape Francois, in his hand, which shows that he had determined to adopt this line of conduct.

[Mr. O. read the proclamation which states that neutral ships and cargoes, that provisions and dry goods, shall be admitted into St. Domingo in American bottoms, that they shall not be seized when destined for French ports, but pass unmolested by French cruisers even if war should break out between the mother country and the United States.]

Now, said Mr. O., the interests of this country, and of our mercantile citizens in particular, require us to place ourselves in a situation to meet these advances. Can there be any difficulty in giving to the PRESIDENT a power with respect to the trade with a part of the French dominions, which he at present possesses over the whole? Gentlemen have said that an agent has arrived from a usurper in St. Domingo. Mr. O. said he did not know the fact. He did not know of any usurper in St. Domingo. He believed General Toussaint had succeeded Hedouville in the government of that island; that he had, in imitation of his superiors, sent him off in the same way as in the mother country are sent off those who may be obnoxious to the designs of the reigning and the strongest party. But it does not follow that these measures of General Toussaint will not be ratified by the French Government. The same General had heretofore sent off the commissioner Santhonax. He was not, however, for this cause declared to have forfeited his allegiance, but pains were taken to appease and reconcile him, and Santhonax came back. He was afterwards succeeded by Hedouville, who is, in his turn, sent on a voyage to France. But, said Mr. O., shall we now begin to examine into the legality of the powers of persons in authority, either in France or in her West India possessions? Have we not uniformly adhered to the principle that those who exercise power _de facto_ are the only persons that we are bound to recognize? From the first dawn of the Revolution, we have, said he, never questioned the legitimacy of the power exercised in France; to us it seemed indifferent whether Jacobins or Girondists were at the helm of affairs; whether it was a reign of terror or of moderation. We have constantly sung hosannas and offered adorations to the great Republic, one and indivisible, without considering by whose hands the power was exercised. It is now too late to change this system. We have no way of knowing, said Mr. O., whether the agents of the Directory act in conformity to the will of their masters or not, until the Government declares them out of their allegiance. It will then be soon enough for us to determine the posture which good faith and policy require us to take.

But, the gentleman from Virginia says, we ought not to treat with individuals under any circumstances; but it appears probable that the French Republic may permit her agents to carry on this commerce, and to give us satisfactory assurances of safety and protection without a treaty; and such an arrangement would be advantageous to that Republic.

We find, indeed, said Mr. O., from the papers on the table, that one of the complaints of that Government is founded on this suspension of intercourse, and therefore to restore the trade in part is to diminish the cause of complaint. With respect to the remark of the gentleman from Virginia, that it was the object of the original act, by distressing France, to bring her to terms, he differed in opinion from him. It was merely a defensive measure. Our trade became so insecure, that it was necessary to do--what? conquer France? No; but to prevent the ruin which threatened our citizens, by prohibiting all intercourse with that country and its dependencies; and whenever an end is put to those aggressions and depredations, the suspension may be removed.

This, said Mr. O., is not a novel practice. At the commencement of the late war, the citizens of the Bahamas were excepted from the general regulations and orders prescribed to our privateers. It is very possible to be at war with a nation, and yet at peace with a certain portion of its territory. We find, by the papers on our table, that France says her privateers have transgressed their authority, and that they have now determined that no commissions shall be issued, except by their agents. Let us be prepared to meet them, if they will act accordingly; and if their agents in the Colonies restrain privateering, and depredations within their respective jurisdictions, let us avail ourselves of their good dispositions without any nice inquiries.

Mr. O. had said, that this law had no allusion to any country in rebellion; but he could conceive it possible that St. Domingo may declare itself independent, and become so, in spite of the opposition of France, or the wishes of this country. Far be it from me, continued Mr. O., to contend that it is desirable for the interest of the United States that such an event should happen; such a doctrine at this moment would be unseasonable and improper; but, if it does take place, he might say, without offence, it would be good policy to be upon the best terms with the persons in authority there; if not, the inhabitants of that island may become pirates upon our trade, and do us more mischief than we formerly suffered from the Barbary Powers. To prevent which, let us feed and clothe them, and deprive them of inducements to quit their island.

Mr. HARPER did not know that he could give an explanation of this section which would be satisfactory to the gentleman from Virginia; but he would state what was the intention of the bill, and what he thought would be its effects. He conceived that the section now under consideration is in strict conformity with the bill heretofore passed. The object of that bill was twofold; first, to save our commerce from that speculative and hazardous enterprise which the high profits made by successful voyages enticed the merchant to go into, which was a species of gambling by which some made large fortunes, and others sustained heavy losses. This trade was something of the nature of faro-banks, or lotteries, which all good Governments have thought proper to prohibit. The Government of this country thought it wise to interfere, and say to the merchants: "You shall not run these great risks; for though a few of you make great gain by the trade, the loss upon the whole is much greater than the gain." This was one object. The other was, to deter the French nation, and those exercising authority under it, from committing depredations upon our commerce, and thus procure protection to our trade. By what means was this to be accomplished? By withholding from the French those articles of prime necessity which they were accustomed to receive through the medium of commerce, to produce an effect which they should feel.

Let us examine, said Mr. H., whether this section is in conformity to these two objects. There could be no doubt with respect to the first, because if you can prevail upon those who heretofore encouraged privateering, to forbear to make further depredations, our commerce will unquestionably be rendered safe. The reason, therefore, for laying the restriction, is thus removed; and he saw no reason why it should be continued.

Mr. GALLATIN said, one of the objects of this bill when it passed at the last session, was to prevent depredations upon our commerce; but a majority of the House who voted for it, did so with a view of compelling France, by the loss of our trade to her islands, to come to reasonable terms of settlement with the United States. It was then said by some gentlemen, that it was not improbable that the trade to the West Indies was even more advantageous to the United States than to France, valuable as it was to her; and that, therefore, it would not produce the effect predicted. This was his opinion, and he therefore voted against the bill. But, though he voted against this measure, and some others, which, he thought at the time premature, yet a majority of Congress having, by adopting them, placed the nation in its present situation, whatever his opinion might then have been, and whatever it might now be, as to the probability of an end being put to our differences with France, he should think it bad policy, under present circumstances, to recede from the ground then taken, since such a conduct could betray nothing but weakness, and tend to defeat the object which all doubtless have in view, whatever might be the different opinions of obtaining it, an honorable peace. Though this law, therefore, was limited to the present session, he was ready to vote for a continuance of it; but the section now under consideration goes entirely upon new ground, and entirely different to any either taken or avowed at the last session.

The law now in existence, said Mr. G., has a section something similar to this, though widely different in substance. It is to this effect; that if, before the next session of Congress, the Government of France, and all persons under its authority, shall disavow and be found to refrain from depredations upon our commerce, then it shall be lawful for the PRESIDENT to suspend the operation of this law. Not to any part, but with the whole. By that law, we said, "We are not yet at war with you, we will adopt such measures as we think necessary for our present situation. We will suspend commerce with you as a nation; but if you, as a nation, shall disavow and refrain from depredations, we have given the PRESIDENT power to renew our commercial intercourse with you."

But what, said Mr. G., is the language of this section? It is this. [He read the section as above.] It is, that if any part of the nation, or any commanding officer, or person claiming authority, in any one port, or island, shall take those steps which we consider necessary for that nation to take, it shall be lawful for the PRESIDENT to remit and discontinue the restraints, prohibitions, &c. Instead of taking a general national ground, it provides for the negotiation of an individual, on his private account, who may either exercise, or claim to exercise, authority in any island, &c.

We are not, said Mr. G., at war, and an act of this kind is an act which, if it can be justified at all, can only be made use of in a state of war. It is only in such a state that we are authorized to declare, that we will act a different part with certain parts of a country at war, from what we meant to act with the whole; that we will negotiate, treat, make specific regulations with private individuals, provided they shall do--what? Disavow what the French Republic does not disavow. The present act makes it necessary for the disavowal to come from the Government; but this section says, "that although the French Government shall not disavow or restrain her depredations, &c., yet if an individual shall do it, we will open a trade with this individual." This would be to encourage insurrections. It is establishing a doctrine which is reprobated almost every day on this floor--that it is right to divide a people from their Government.

Mr. G. conceived, therefore, that the question comes to this: Is it proper to give power to the PRESIDENT, under our present circumstances, to stipulate with certain agents, that in case they will disobey their Government, by declaring themselves independent, or by throwing themselves into other hands, we will renew our commercial intercourse with you? No man, said Mr. G., will deny that a trade of this kind would be advantageous to the United States; he believed it to be one of the most lucrative branches of our commerce; but it was nevertheless thought proper, at the last session, to suspend it, in order, as then supposed, to effect a greater good. Therefore, this commerce being advantageous to the United States, is not a sufficient reason why this measure should be taken, if it be wrong in itself, and may produce greater mischiefs than the trade can do us good.

What, said Mr. G., are the inconveniences which would arise from a measure of this kind? It must be allowed, in the first place, that it would give the lie to all our former declarations of abhorrence against the attempts of other countries to divide the people of a nation from their Government; for we here, said he, assume the ground that it is proper to negotiate and stipulate with a part of the people, with a certain district of a country, with any person who shall choose to say that he claims the right of governing in any place. We abandon the general ground of treating with a foreign Government, and determine to treat with any individual who may either have, or claim to have, authority. Mr. G. believed a principle of this kind at all times improper; and it would be peculiarly improper in us to act upon it, with respect to a nation, against which we have so many grounds of complaint of this kind. He had already stated, that it could only be justified in a state of war, if then, to hold out encouragement to insurrection and rebellion to the colonies of another country.

Mr. G. believed he might go so far as to say that this section was not inserted to meet the case spoken of by the gentleman from Maryland; but for the admission of one which had been a subject of discussion in the newspapers for some time past. He meant what was generally understood by the mission of Toussaint, a black General, of St. Domingo. It had been asserted, from the moment of the arrival of a supposed agent, that he came here with the late Consul of the United States at that port; that he brought despatches from Toussaint to our Government. Further than this, we have seen, in some of the newspapers printed at the eastward, that this mission is likely to have some effect. We have seen it there stated, "that the President is neither rash nor diffident, and that good effects may be expected to flow from this mission." So far, on the authority of the public newspapers, and none of these assertions have been denied.

Should I be doing right, said Mr. G., to say that I believe that this section of the bill is an effect of that negotiation? It is true I only deduce this from probability, but the probability is strong. Mr. G. said he knew that the independence of St. Domingo had been a favorite theme with gentlemen, and they had made an appeal upon it to the avarice of the people of the United States, that, in case of war, this independence would be of advantage to the United States, and that, during a time of peace, the minds of the people ought to be prepared for this event. But gentlemen seem to think that the public mind is not yet ready for this change, or they do not choose to avow the object of this mission. Which, he could not tell; but he would advise those gentlemen who have received information on this subject to communicate it. Mr. G. said he should be happy to know the subject of the despatches of General Toussaint. What is his offer to our Government? Whether his ideas go to independence or not? Whether he is in any way connected with the British Government, or not? Whether the sudden and extraordinary evacuation of St. Domingo by General Maitland was to promote something of this kind, or to support the force of General Toussaint? He should wish to know what is the disposition of the Executive with respect to this business, so far as it shall have come to the knowledge of any of these gentlemen. He would also be glad to know the disposition of this agent, or the nature of his object, at least so much of it as may have escaped at any _petit soupér_ or _dinér_, at which these gentlemen may have been parties? If any such information could be obtained, it might tend to throw some light upon the subject. If he should be mistaken in his views of it, it would be wholly owing to his being deprived of that information, which he believed either the Executive, or some of the members on this floor possess.

Mr. G. believed the object of this section is to give encouragement to the black General in his present views. A single sentiment had dropped from the gentleman from Massachusetts (Mr. OTIS) in the course of the debate, which had given rise to part of what he had said on this subject, and which led him to believe that he had some information which he ought to communicate. He said, "if St. Domingo should finally be independent, it was proper to cultivate a good understanding with that island at present, and not refuse"--what? "to hold out certain encouragement to them in such an event." When? Now; so that we are not only to cultivate a good understanding with St. Domingo, if it should become independent, but in the expectation of it, and before it takes place, it is proper to cultivate a good understanding with that island, by holding out the encouragement proposed by this bill. This was nothing less than to confess that this section is inserted in the bill to encourage Toussaint to declare the island independent. Nay, his views, if he is a man of sense, must go further; he must not only secure a temporary trade, but he would also desire to know whether it be the wish of this country that St. Domingo should become independent; because he should suppose that if the Government of the United States was opposed to such an event, a temporary trade would not be a sufficient inducement to him to throw off his present allegiance.

To me, however, said Mr. G., if it be the intention of the General to declare it, the independence of St. Domingo is a very problematical event. It would certainly be the interest of Great Britain to oppose an attempt of this kind; since it could not be her interest to have a black Government there. But supposing the event possible, he should consider it as extremely injurious to the interests of the United States. Suppose that island, with its present population, under present circumstances, should become an independent State. What is this population? It is known to consist, almost altogether, of slaves just emancipated, of men who received their first education under the lash of the whip, and who have been initiated to liberty only by that series of rapine, pillage, and massacre, that have laid waste and deluged that island in blood; of men, who, if left to themselves, if altogether independent, are by no means likely to apply themselves to the peaceable cultivation of the country, but will try to continue to live, as heretofore, by plunder and depredations. No man, said Mr. G., wishes more than I do to see an abolition of slavery, when it can be properly effected; but no man would be more unwilling than I to constitute a whole nation of freed slaves, who had arrived to the age of thirty years, and thus to throw so many wild tigers on society.[39] If the population of St. Domingo can remain free in that island, he had no objection; but, however free, he did not wish to have them independent, and he would rather see them under a government that would be likely to keep them where they are, and prevent them from committing depredations out of the island. But if they were left to govern themselves, they might become more troublesome to us, in our commerce to the West Indies, than the Algerines ever were in the Mediterranean; they might also become dangerous neighbors to the Southern States, and an asylum for renegadoes from those parts.

This being the case, Mr. G. said, he must deprecate every encouragement which may be held out to produce such an event. Did not gentlemen recollect what an alarm was sounded last year, with respect to the probability of an invasion of the Southern States from the West Indies; an alarm upon which some of the strongest measures of the last session were grounded? Mr. G. could not help hoping, there would be a general wish not to take any measure which may embody so dangerous a description of men in our neighborhood, whose object may be plunder, and who might visit the States of South Carolina and Georgia, and spread their views among the negro people there, and excite dangerous insurrections among them. He did not wish, therefore, to see this black population independent; and that the interest will be wholly black is clear. The General is black, and his agent here is married to a black woman in this city. Mr. G. did not mean by this to throw any reflection upon the General. He believed he had behaved well to Americans. His remarks were general, and were only intended to show that it would be with a black population we must treat.

WEDNESDAY, January 23.

Mr. S. SMITH said, that if he thought with the gentleman from Pennsylvania, that the clause under consideration was connected with the mission from Toussaint, and the separation of Hispaniola from France, or with an intention of dividing the people of that island from their Government, he should also be opposed to it; but believing, as he did, that it would be productive of none but good effects to this country, he was in favor of retaining the clause.[40]

It might be well, Mr. S. said, to take a view of the relation which had subsisted between France and her colonies for some years back. Early in the Revolution, Santhonax and Polverel were sent as Commissioners to Hispaniola, for the purpose of governing the island, and to carry into effect the decree of the French Government for liberating the slaves. They conducted themselves in a friendly manner towards America, but destructively to the northern part of Hispaniola, and particularly towards Cape Francois. The disastrous contest which took place between the whites and blacks, to the destruction of the former, is well known. From the abuse of their power, these Commissioners were recalled. Polverel had not sufficient courage to appear before the French Government, and put an end to his existence. Santhonax went to France, and was sent out again to the island. Still he was favorable to this country, until the decree of France declared that their vessels of war should treat neutral vessels in the same manner as neutral powers suffered Great Britain to treat them. Santhonax then issued his decree of December, 1797, and American vessels were taken and carried into Hispaniola indiscriminately, and unsuspectingly, not under the authority of France, but under the authority of this agent. Not content with this abuse of his power, Santhonax sent Deforneaux, the Commissioner of Guadaloupe, to the south side of Hispaniola, to carry his plans into effect there; but Rigaud, a man of color, and an honest man, who had gained the esteem of the people, who was in power there, frustrated the attempt. Deforneaux attempted to escape, but was taken and sent to France. We see, therefore, that Santhonax made no scruple to set aside the decrees of France; and in this manner has Rigaud ever done, repealing and preventing the execution of the decrees of France, whenever he disliked them. And was Rigaud punished by France for thus exercising his power or not? No; he was made Commander-in-chief of the south side of the island for having sent off Deforneaux. Hedouville succeeded Santhonax in the Government, and brought with him the power to execute or not, as he judged proper, the decree of the Directory directing the capture of neutral vessels with British manufactures on board. He determined that this decree should not be carried into effect against vessels bound to Hispaniola. Did he carry his purpose into effect? So far as his (Mr. S.'s) information went, he did.

Here, then, we see Hedouville setting aside the decrees of France; and Rigaud has not only prevented American vessels from being condemned, but has thrown the captains of privateers into prison for daring to bring in American vessels, and has caused such as have been carried into Jacquemel, on account of not having a _rôle d'equipage_, to be delivered up immediately. Victor Hugues, upon the recall of Mr. Adet, ordered that all vessels carrying on trade to what he called rebel ports, should be brought in and made legal prizes of. This was another separate authority. He afterwards issued orders for the condemnation of vessels coming into Guadaloupe with a supercargo, who should either be an Irish or a Scotchman, though they had every necessary paper on board to show that they were bound to that port, and vessels were condemned for this alone; and this is not seen in any of the decrees of France. Mr. S. understood this clause as intended to meet cases of this kind; and, so far from this being offensive to France, it must be quite the reverse. Under this law, said Mr. S., the PRESIDENT will be enabled to say to these special agents, "if you will suspend your decrees with respect to your islands our trade shall be opened to you," and by this means give to our citizens a commerce which is a mine of gold to them. Such a conduct, he thought, must appear to every one perfectly reasonable.

The gentleman from Pennsylvania says that the independence of Hispaniola would be dangerous to the Southern States. But does this bill, said Mr. S., contemplate any such thing? Does it not say that the agents must be under the Government of France? If the island were to declare itself independent, we could not, said he, prevent our merchants from trading with it; or if it should be in a state of rebellion, they would trade with it at all risks, without coming under this act. This bill seems, instead of encouraging the independence of the island, to place an obstacle in the way of it. It promises to the commanding officer the trade of this country, so long as he remains attached to France, and forbears to depredate upon our commerce; but the moment he declares himself independent, that promise is no longer binding.

Certain words in this clause are complained of; and Mr. S. owned he did not like them himself. He meant the words, "shall clearly disavow;" and, if this motion should not prevail, he would move to strike them out. He should be satisfied if the islands refrained from depredating upon our trade, without making any disavowal. Mr. S. said he could by no means bring his mind to believe that this clause could give encouragement to the people of Hispaniola to rebel against their country. Toussaint, said he, is not the only Governor of that island. Rigaud, who, as he had already stated, is a man of color and a man of excellent character, who has great hold of the affections of the people, and whose attachments are also strong to the French Government, has also a considerable share of authority; and Toussaint, in his opinion, would not on this account dare to declare the island independent.

But suppose, said Mr. S., this independence were to take place, would all the danger to this country actually take place which has been stated? In his opinion the reverse would be true. Refuse to these people our commerce, and the provisions of which they stand in need, and you compel them to become pirates and dangerous neighbors to the Southern States; but, so long as you supply them, they will turn their attention to the cultivation of their plantations. If, on the contrary, they once get a taste for plunder, they will never settle to labor.

Mr. S. observed that it was the other day said that truth was the characteristic of the Federal party. It might be so, though he had found it otherwise; but the characteristics of party, he observed, always is detraction, suspicion, and jealousy, whether it be called this or that. On the present occasion he found jealousy and doubts had intruded on the minds of gentlemen who would, at other times, see very differently. He did not mean to throw any censure upon them on this account, because they doubtless believe themselves right. This party spirit, said Mr. S., is every where to be found. The gentleman from Connecticut had the other day said that he (Mr. S.) had constantly voted against every measure of defence, yet if he would have read the journals, he would have found the reverse the fact. [The Chairman doubted whether this was connected with the question.][41] Mr. S. concluded by saying that the more gentlemen think on the subject, the more they will be convinced the bill is not pregnant with the mischiefs which they apprehend.

Mr. NICHOLAS said it would be difficult to ascertain precisely where truth is to be found; whether in the extremes of party or in a middle course. The gentleman from Maryland says party men are always in the wrong; therefore he supposed that gentleman to be of opinion that those who vibrate between two parties are always in the right. In considering this question, he should do it according to his best judgment. If his mind should be so operated upon by party spirit as not to see the truth, it would be his misfortune.

He believed, as he had already stated, that this bill, as it now stands, will authorize the PRESIDENT to negotiate with the subordinate agents of a Government against the will of that Government, and thereby promote a separation between the agent and his Government, by holding out a temptation to do certain acts not warranted by the Government. The House had been told, by two gentlemen from Massachusetts, that this cannot be the operation of the law, because it has no relation to a revolted colony; that when a revolt once takes place, the trade will open of itself, as the territory will no longer be under the authority of France. He wished to inquire into the truth of this doctrine, which one gentleman has asserted and another has endeavored to prove. Mr. N. asked if Toussaint should to-morrow declare himself independent, would the PRESIDENT be authorized to direct the collector of the customs to consider St. Domingo as no longer coming under the present law? In his own opinion, he could not, because it would be contrary to the practice of any other Government; and, if done, would give the lie to all the professions made by us on subjects of this kind. When the separation merely commences; when we know nothing of the means which the revolters possess, but because some person chooses to declare a place independent, shall our Government interfere and acknowledge such a place independent? He asked whether any gentlemen in this House, who are so frequently called disorganizers, had ever broached a doctrine like this? He knew very well, without the authority of _Vattel_, which the gentleman from Massachusetts had introduced, that any nation is at liberty to take part in a rebellion; but it is a good cause of war. When a revolution is effected, then the country revolting becomes independent, and any nation may treat with it according to its will. But, if you take part with the revolters, you place yourselves on the same ground with them in respect to the Government revolted against. And, said he, in case we give any assistance to any island belonging to France, in its revolt against that Government, we place ourselves in a state of war.

Mr. N. believed gentlemen are wrong in their construction of the present law, when they say if Toussaint were to declare himself independent to-morrow, that the Executive might immediately consider him so, and direct trade to be carried on with that island as heretofore. He believed the PRESIDENT would not do it, and that the present clause of this bill is founded upon the certainty that he would not. If this is the case, the same objection is in full force against the wording of this section. The gentleman from Massachusetts, first up, seems to acknowledge that this law is to have this operation. He, says, St. Domingo may become independent, and that therefore it is highly proper we should let them know what dependence they may have upon us; to let them know that they may expect all the advantages of independence. Is not this, said Mr. N., an acknowledgment of the effect which this law will have? That the moment they throw off the French yoke, they will receive all the assistance from this country which a free commerce can give them? Mr. N. thought the gentleman himself inflicted the deepest wound on this bill, for gentlemen cannot say that such an assurance is not a temptation to commit the act.

Mr. N. could readily believe that the trade of St. Domingo is very valuable to this country, and the assertion of the gentleman from Maryland, that it is a "mine of gold," had confirmed that opinion; and he was really afraid that that gentleman's representing a commercial part of the country, and being himself deeply engaged in commerce, the importance of this trade may have too much weight in deciding a question of this kind, and be a means of disregarding the evils which may arise from it; but Mr. N. was of opinion, that a solid peace would be far more beneficial to commerce generally, than any temporary advantage of this kind. Besides, the principle upon which such advantages would be built, is something similar to that which would actuate a man to fall upon the property of his neighbor, because he is richer than himself.

But does not the same gentleman tell the House that the powers in St. Domingo are pretty equally balanced between General Toussaint and Rigaud, and that, therefore, if Toussaint attempted to establish the independence of the island, there could be no certainty of his success? Why, then, said Mr. N., should we go into a measure which might produce war between the two countries, when the advantage to be derived from it is so very doubtful? And he thought the danger from the proceeding was heightened by the circumstance which gentlemen have mentioned of there being so very large a body of people in arms there; for, since the powers are so nicely balanced, is it not probable that the government party, in case of a struggle, would have the advantage? And would it not be the height of madness for us to run the risk of having the large force of that island turned against us, in consequence of our improper interference between the colony and its government?

Mr. N. said, he could not overlook some considerations connected with this subject, which he thought of great importance. It is well known, (and he begged gentlemen who have the same desire to preserve the country in peace that he had, to pause at the suggestion,) that there are many gentlemen in this House who have been long in favor of coming to an open declaration of war against France; and he had every reason to believe that the same disposition yet exists in these gentlemen; but the same opportunity of making this declaration does not now exist. The public mind is not now so well prepared for entering upon a war as it was some time ago, because they believe things wear a better appearance. If then, said Mr. N., the same disposition exists for war; if these gentlemen think they or their country will be benefited by war, they may be very willing that France should declare it; and if it be possible that a wish of this sort may exist, it affords a full solution to the meaning of this bill.

But we are told, said Mr. N., that we ought not to excite the animosity of the people of St. Domingo. Is our present situation calculated to produce this effect? Certainly not, since they are necessarily involved with the mother country; and to take the part proposed, he had already shown might be attended with the most direful consequences. He thought this country ought not to wish for the independence of St. Domingo in another point of view. However we may wish to see the naval power of France put down, so that they may not have it in their power, if they have the wish, to invade this country, it is highly important to us that the naval power of Europe should be divided. He did not think that it could be for the interest of this country that Great Britain should have a navy which should keep the world in awe, and subject it to her views; and if we assist in destroying the colonies of France, we shall be the means of throwing them and their naval power into the hands of Great Britain. He did not know that it mattered much to us whether St. Domingo was a colony of France or England, only as it would add to the naval strength of England. He hoped, therefore, the motion for striking out would prevail.

Mr. PINCKNEY observed, that so much had already been said on this subject, and the general principles of the bill had been so ably defended, that it would be unnecessary to make more than one or two remarks in reply to the gentleman from Virginia. That gentleman had gone altogether upon the idea of this bill being of so obnoxious a nature to the Government of France, that it must be considered by that government as a cause of war. He thought it had already been shown, that the gentleman was altogether mistaken; and, very unhappily for his position, our own experience was sufficient to determine whether it has ever been considered as a cause of war for neutral countries to trade with colonies revolting from a mother country. We know, said he, very well how neutral nations conducted towards us in our revolt from the Government of Great Britain. Mr. P. believed it was never understood that any nation with whom we traded was, in consequence, involved in war with Great Britain. The fact was otherwise. It was never so looked upon by that country, and gentlemen will admit that that Government was at least hightoned enough. All that Great Britain did was to seize the vessels whenever she could lay hold of them; and this is the risk which the gentleman from Maryland mentioned our traders would run in carrying commerce into any place in a state of revolution. It is well known that we endeavored, during the whole course of our war, to draw foreign commerce to this country, which was found necessary in order to enable us to carry on the war. Agents were employed for this purpose, and we saw no moral turpitude in this. And during the time that Holland was separated from the dominion of Spain, was war declared in consequence of any nation trading with Holland? The case was so different, he recollected that Holland declared, that she would seize all vessels going to Spain, though that had heretofore been considered as the mother country. This was reversing the case.

With respect to the three points stated generally by the Secretary of State, they are not said to go to the point for which the gentleman from Virginia has taken them. With regard to the _douceur_ of £50,000, Mr. P. would say, that if we believe this attempt to have been made to extort this sum of money from our Envoys, for corrupt purposes, (and notwithstanding all that has been said on the subject, he did believe that X and Y were the agents of the French Government in that transaction, and which has, indeed, been acknowledged by Y, Mr. Bellamy, of Hamburg, who declares he has never written or said any thing to our Envoys, but by the direction of the Secretary of Foreign Affairs,) no reliance ought to be placed upon any of their declarations; for after such an act, it may be supposed they will say one thing at one time and another at another; and no reliance could be had upon any thing which comes from so corrupt a source.