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to take a deep interest in their destinies; to | on one side, and bearing entirely against the cherish reciprocal sentiments of good will; to colonists. regard the progress of events; and not to be unprepared for whatever order of things may be ultimately established." Here is a voluntary act, favorable to the cause of the provinces; and this recommendation was followed by an act of Congress giving a considerable sum to the people of Venezuela.

The next act favorable to the provinces, was the issuing by Mr. Madison to the collector of the customs instructions to admit the flag of the provinces; by which their ships became entitled, in the ports of the United States, to every privilege granted to the ships of other foreign powers. The President was at liberty to have considered the patriots as rebels against their Sovereign, and to exclude their flag from our ports; or to consider them as a party in a civil war, and as such to admit their flag into our ports; he decided favorably to the patriots, and admitted their flag.

The next act of the Executive, favorable to the Spanish provinces, was the declaration by the present Chief Magistrate, that those provinces are parties to a civil war, in which their rights, as relates to neutrals, are equal to the rights of Spain; the President thus looking on the independence of the provinces as actually existing.

The next Executive act which has a bearing favorable to the provinces, was the construction given by the President to the law of March, 1817, respecting the neutral duties of the United States. That act, in consequence of the omission of the words "district, colony, or people," in one of its sections, perhaps admitted of a construction that would have denied to the patriots equal rights with the subjects of Spain in the ports of the United States. We have employed some time on a bill intended to remedy the defect; but the construction given by the President to the act of March, 1817, had rendered its operation perfectly equal as related to Spain and the provinces, so far as the Executive authority is concerned. In a letter written by the Secretary of the Treasury, which may be considered as official, is this paragraph: "Having declared that the flags of Spain and of independent Governments established in Spanish America should be treated in the same manner in the ports of the United States; the Executive authority would not hesitate to consider the flag of Venezuela that of a foreign State, within the meaning of the fourth section of the act."

The last act that I shall mention, manifestly favorable to the provinces, is the act of sending commissioners to ascertain what is their situation; to prevent misunderstandings; to correct errors; perhaps to redress past grievances, and prevent their recurrence in future.

These various acts of the Executive, having a bearing favorable to the patriots, and all of them resulting from the discretion of the Executive, were overlooked by the Speaker, when he said that the acts of the Executive were all

Let us now examine those acts of the Executive of which the Speaker complains as having so unfavorable a bearing against the patriots. These are, the proclamation of Mr. Madison, issued for the purpose of dispersing the armed force collected under Toledo, in violation of the law of the United States; and the suppression by the President of the establishment at Amelia Island, made by McGregor, with a force unlaw. fully prepared within the United States, and maintained by Aury, who pretended to act under the authority of Mexico, New Grenada, and Venezuela.

As to the proclamation which was issued for dispersing the armed force collected under Toledo, it will be remembered that President Madison was sworn faithfully to execute his office, the chief duty of which is to take care that the laws be faithfully executed. An act provides that when the execution of the laws of the United States is opposed or obstructed by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, the Pres ident may call forth the militia; but he shall by proclamation command those who thus oppose or obstruct the laws, to retire peaceably to their respective abodes, within a limited time. The force collected by Toledo came within the meaning of the law; and Mr. Madison had no discretion to exercise. The law pointed out his duty, and he performed it.

The suppression of the establishment made by McGregor, and continued by Aury at Amelia Island, was required by the interests and the honor of the United States. The world knew that the Executive was authorized to take East Florida against any foreign power. Those who follow the profession of arms, must either be robbers or pirates, or they must have some power. The friends of Aury will not admit that he was a pirate; then they must contend that he served a foreign power. Let us admit that Aury served the Republic of Venezuela, a power whose flag is admitted into the ports of the United States, under the laws respecting the vessels of foreign powers. If Venezuela had been formally acknowledged as an independent State, the act of 1811 authorizes the President to occupy Florida against the attempt of Venezuela to take possession of it; and the want of such formal acknowledgment cannot diminish the rights of the United States. It being the duty of the President to execute the laws, and the case contemplated by the act of 1811 having happened, a foreign power having attempted to take possession of Florida, and having in execution of that attempt made an establishment at Amelia Island, the President was bound to suppress the establishment maintained there by Aury.

Had no such law existed, the conduct of the President would have been worthy of approbation. A nation has a right to protect itself from the evils of bad neighborhoods. Upon

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that they do not mean to confine their views to Europe, by interfering in the controversy between the Courts of Spain and Brazil. Is it not the object of their holy leagues to bring back mankind to the state of mental darkness in which they were for ages subsequent to the reign of Constantine? Has not Great Britain signified to you, that the Mississippi ought to be your boundary? Has not France done the same? Has not Spain claimed that boundary? Do not these circumstances indicate concert between those powers? Shall we then, at such a time, do an act utterly useless to us, equally useless to Buenos Ayres, (for the Speaker ad

this principle it was that the act for taking pos- | thrones. The combined powers have proven, session of East Florida was passed. So when Louisiana was transferred from Spain to France, our Minister at Paris most seriously remonstrated against the occupation of that country by the forces of Napoleon; and many of our distinguished politicians urged the expediency of taking Louisiana by war, rather than admit a dangerous neighbor to come there. Perhaps Louisiana might have been obtained by war, at an expense of one hundred and fifty millions; but the wisdom and moderation of Mr. Jefferson obtained it by purchase for the tenth part of the sum. It was to preserve herself from the evils of bad neighborhood that Prussia involved herself in war, first with Great Britain and after-mits, that there can be no concert between us, wards with France, rather than have French troops in possession of Hanover. Is there any nation more interested in avoiding neighbors of a certain description than the United States? Would it be safe to allow Florida to be revolutionized by black troops? We have said, and I presume will continue to say, that no power except Spain shall come there.

I have shown that the conduct of the Executive, as respects Spain and her American possessions, has been impartial. The honorable member did not indeed say that it was partial; | but he could not be understood as meaning any thing else, when the acts of the Executive were all on one side, bearing entirely against the colonists. I will now proceed to show that the conduct of the Executive, as respects those parties, has been most honorable.

I have said, sir, that the measure proposed is pregnant with evil, and may jeopardize the safety of the United States. I hope and trust that we are able to resist any combination that may be formed against us, even at this time. I am confidently certain, that in twenty years we shall be able to set at defiance the power of the world: and in a century we shall be able to give it laws. I therefore, deem it most important, that we should let the present moment of peril pass away; that we should gain time, and go on to improve our resources by the acts of peace.

If any event can jeopardize our safety, it is a war with the combined powers of Europe at this time. Sir, if a hundred measures were devised for the purpose of destroying our national existence, and this was among them, it would be the very measure that I should deem most likely to succeed. If there is a measure, the adoption of which can produce such an event, it is one which shall amount to a declaration that we are the patrons of revolutions; one, by which we shall proclaim, that, wherever a province shall make insurrection against the authority of the parent country, we will consider it our business and duty to take the new people by the hand and introduce them into the family of nations.

Sir, the coalition still hangs together. And what is their common bond of union? It is the cause of legitimacy-the cause of hereditary

and that we have not the means to aid her;) an act, the effect of which will be to bring Congress and the President into collision; which act may by any possibility, however remote, involve us in a contest with the combined European powers?

Mr. TUCKER, of Virginia, said, that at this late period of the discussion, he could only claim the indulgence of the committee upon a principle, which never failed to secure to those who asked it their patient attention. He found that upon this occasion, he should be in a small minority of the delegation from his own State, and was, therefore, peculiarly solicitous of explaining the reasons of his differing from his honorable colleagues, for whose opinions he felt the greatest respect and deference. There was, indeed, another reason of no tless importance. This proposition had been supported upon a variety of principles, and by various arguments: nor would gentlemen be surprised to learn that his own views of a subject, which had so many aspects, had not been exactly presented, when they recur to the fact, that scarcely any two persons, who had spoken on this occasion, had entirely coincided. The honorable Speaker had declared himself for this proposition, but was opposed to war or the occupation of Florida. The gentleman from Georgia is against this proposition, but is in favor of the occupation of Florida. My friend from Louisiana is in favor of both; and my friend from South Carolina (Mr. LowNDES) is in favor of neither. Among these various opinions, I am inclined to the adoption of this proposition, though I coincide otherwise entirely in the pacific policy of the chairman of the Committee of Ways and Means; an opinion which I shall probably endeavor to support upon grounds considerably different from those which have been advanced by the Speaker.

Sir, I have said, on a former occasion, that I am opposed to involving the nation in war, unless a great and important occasion shall require it. I have said, that I am unwilling to entangle ourselves in the contest now raging between Spain and the provinces of South America, but, that I would maintain an honorable, impartial, and dignified neutrality. I am opposed to war, because I see no adequate ad

vantages to be derived from it; because the occasion does not seem to justify so important and momentous a measure; because the amount of the losses for which we seek indemnity, and of the property we wish to get possession of, bears no comparison with the hazards which we must encounter, whenever we engage in war; and, because I conceive a state of war always replete with danger to the principles of our constitution. It has long been my settled and deliberate opinion, that nothing is so apt to sap the foundation of our liberties as frequent wars. Every laurel that we gain is at the hazard of some principle of free government; every field that we win endangers some part of our constitution. The urgency must, therefore, be pressing, the necessity imperious, which drives us to war; and, were I less convinced than the gentleman from South Carolina, of the unprofitable results of a Spanish war in other respects, the consideration I have mentioned would suffice to dissuade me from giving my voice for waging it in the present state of things.

But, sir, while opposed to war; while averse to every measure which will probably lead to it, and which the honor and interest of the nation does not require, I have said that I would preserve a strict, impartial, and dignified neutrality; and I do most sincerely believe, that, in the pursuit of this end, the measure under consideration ought to be adopted.

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tions of the Speaker. But, while he protests against the comparison of the patriots with the heroes of our Revolution, he might have spared them, at least, the contrast which he has so vividly drawn. He tells us that they hugged their chains, and loved the tyranny; and that the origin of their Revolution had no foundation in the principles of freedom. He does not attend sufficiently, I think, to the nature of revolution, or sufficiently consider the situation of this people. What would be said of that man, who, turning over the pages of our history, should charge the sages and patriots of our Revolution with hugging their chains and loving their tyranny, because of the repeated and loyal remonstrances and memorials presented to the Crown? What should we think of the statesman, who, looking only to the surface of things, should attribute our glorious struggle to a mean and mercenary spirit, which revolted only at a twelvepenny stamp, or a trivial duty on a pound of tea? Sir, those who sat at the helm were men of profound wisdom and politi cal sagacity; deeply versed in the knowledge of their rights as freemen, and intimately ac quainted with the principles of human action; and, in conducting us over the tempestuous ocean of revolution, they looked with a steady eye to the liberties of their country, while they availed themselves of all these popular breezes, to waft the vessel of state into the haven of freedom and independence. Such may be the case with the Revolution of the Spanish prov inces. We are too imperfectly acquainted with the facts which led to their convulsion to pronounce them destitute of the noble principles of liberty.

I cannot but regret, Mr. Chairman, the manner in which this proposition has been discussed, and the remarks that have been introduced by its opposers. I allude to the harsh expressions that have been used in speaking of these unhappy people, who have long been struggling to throw off the most galling yoke, the most Nor are sufficient allowances made for the hateful slavery that has ever yet tortured and situation of these unhappy people for many cendegraded man. The honorable gentleman from turies. Two or three hundred years have they Georgia tells us, that he sympathizes in their been groaning under a tyranny the most op cause, and earnestly wishes for their success. pressive that has ever overwhelmed a wretched I doubt not his sincerity. Yet I would appeal people. Nothing parallel to the misery and to every member of the committee, whether slavery of Spanish America can be found in the the harsh colors in which he has represented annals of the inhabitable globe. It has been them, and the dark picture he has drawn of governed with an iron rod, by monarchs who their ignorance and depravity, is calculated to have been most distinguished always by whattransfuse into other bosoms the sympathy of ever is most horrible in tyranny, most detestahis own. I will appeal to himself whether his ble in bigotry, and most contemptible in imbeglowing language is likely to win us to their cility. They have been involved, for centuries, cause, and to disseminate, through the nation, in the deepest gloom of ignorance and superan interest in their prosperity, when he repre- stition, into which it is the interest of tyrants sented them as having lit the torch of revolu- forever to plunge the victims of their power, tion, without possessing a sentiment of liberty; And when, at length, a beam of liberty has with conducting it by massacres and enormities, pierced the cloud which has so long benighted which render them unworthy of freedom; and them, shall we be surprised that it has not, in a with terminating it in a tyranny, not inferior to moment, dispelled the darkness, and spread that which they have overthrown. According abroad, throughout their land, the splendor of to this view of the subject, their Revolution has the meridian sun? Let us rather rejoice that commenced in ignorance; its course has been light hath broken in upon them, and look with stained by murder; its end has been the sub-confidence to yet brighter moments. Let us jugation of the people; and we should feel not one emotion of pity for their sufferings, or of solicitude for their welfare. Sir, I am aware that this course of remark was, in some measure, drawn from the gentleman by the observa

remember that the throes of revolution are most violent where the mind has been least enlightened, nor wonder that, in the struggle to throw off the Spanish yoke, greater outrages should be committed than in our own Revolu

Sir, it is for these struggling people that I own my sympathies are excited. I am not ashamed to avow them. I know it is not very fashionable to declaim in favor of liberty, and had I the disposition and the talent I should be saved the effort by the nervous eloquence of the gentleman who spoke on yesterday, (Mr. ROBERTSON.) I always listen to him with pleasure, but on yesterday with delight. His speech was dictated by a Roman spirit and a genuine republicanism-a republicanism that knows no change; which, during the lapse of nearly thirty years that I have known him, has remained unaltered and unimpaired.

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tion. We are told of the massacres of their | of the political firmament, which alone preserves enemies, and the enormities of their Revolution. its place in the heavens, "fixed and unshaked Unfortunately these are evils, too, necessarily of motion; " and by him they discern the aberconnected with civil war. Even we were not rations of the lesser constellations of the system. without them. The Carolinas were the scene, I will not pretend to say that to a certain extent during our Revolution, of events that we shud- this may not have its advantages; but this I der to recollect. Brother was armed against can venture to advance, that he who acts with brother-neighbor against neighbor. Our foe, candor and frankness, and with a sole view to too, was generous and merciful, compared with the honor and interest of the nation, will not the cruel and unrelenting tyrants of those fail to receive approbation rather than censure wretched and struggling people. Yes, sir, the for his frankness and independence. Our concruelties perpetrated on the Spanish patriots by stituents will deal liberally by us so long as our the inhuman monsters who seek their subjuga- motives are pure; and by this standard I am tion, cannot find a parallel in the annals of na- willing to be tried whenever I am found in coltions, if you except the history of Spain herself. lision with the Executive. But to whom are Tear but away the page in which her bloody we to look on the present occasion in order to deeds are recorded, and you will find no paral- discern its opinions? To either of the two honlel to her late enormities. She is, indeed, "her orable chairmen, from whom we might most only parallel." And is it to be expected that, reasonably expect such information? No; they in a war like this, forbearance can be found differ with each other. And the occupation of among those who are goaded into madness by Florida, which one of them proposes, seems treachery and cold-blooded massacre? It is generally to be supposed at variance with the impossible! Cabinet opinion. Thus situated, I beg leave not only to disregard the intimation that this measure implies censure, but I utterly disavow and disclaim, on my part, any such idea. So far from it, that, according to my notion of things, the vote which I shall give will be founded on principles that confirm the propriety of the course pursued by the Government. What is the character of the proposition? It appropriates the usual sum for the outfit and salary of a Minister, for the purpose of sending a representative of this Government to Buenos Ayres, whenever the Executive, in the exercise of its constitutional discretion, shall think it advisable. It commands nothing, but it intimates, in a proper and constitutional manner, the readiness of this House to go hand in hand with the Executive in the interesting measure of opening an intercourse with the Government of La Plata, by sending and receiving Ministers. It is in this way, and in this way only, that I understand the proposition. Is there any direct censure of the Executive here? Not at all. Is there any implied? A construction which would give to it this character must be forced and unnatural. It is only upon the hypothesis of the gentleman from South Carolina that such a construction has the air of plausibility. He tells us that, as the Executive have the power, this House ought not to interfere, unless there has been culpable negligence in its exercise; unless there has been unreasonable delay in sending a Minister to a foreign power. If his doctrine be admitted as a general rule, yet cases like the present must form an exception to it. There is an evident distinction between sending Ministers to old-established Governments, and sending a Minister for the first time to a new Government, separating itself from one to which it had formerly been attached. The one leads to no dangerous results; the other, we are told by gentlemen, will put to hazard the peace of the country. You may send a Minister to Turkey or to Italy, to Denmark or to Austria,

There is, Mr. Chairman, another course of remark that I cannot but regret on this occasion. It has been said that this proposition implies a censure on the Executive. I am well aware that the gentleman from South Carolina did not mean to intimate any thing personal by the remark.

Yet it cannot but have its effect. [Mr. LOWNDES rose and explained, saying that, as he frequently differed from the Executive himself, he could not disapprove a similar freedom of opinion in others.] Mr. TUCKER continued

The explanation of the gentleman was unnecessary. His uniform urbanity furnished a sufficient assurance that the remark was not intended with any personal view. But, though this is the case, yet the intimation that the proposition is not in consonance with Executive opinion is not without effect. The high standing and commanding talents of the gentleman may render it personally unimportant to him, whether his course conflicts with Executive opinion or not. It is not always so with others. The Executive branch of the Government, though it possesses not a very extensive direct influence, is vastly powerful in its indirect and reflected influence over this body. Elected by the suffrages of the whole nation, there are many who look upon him as the Northern Star

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without offending any one. But we are told | Executive there would only have called for a that if we send a Minister to La Plata, we shall small appropriation. The act of the Executive involve ourselves in a quarrel with Spain. Behere might have the effect of a declaration of it so. Is it not, then, a sufficient reason for the war, which it is within the constitutional powexpression of the opinion of this House, the im-ers of the legislative body alone to inake. It mediate representative of the people the con- would appear to me indeed of the utmost imstitutional organ for declaring war-that a con-portance, that this correspondence of views templated measure may lead to a state of war? should be preserved between these two branches Is it fair to expect the Executive branch of the of the Government. How embarrassing to the Government to assume, alone, the responsibility Executive must it be, if, after a treaty has been of a measure involving such momentous conse-made calling for a large appropriation, this quences, while we stand silently by, unwilling body should refuse to make it, and to sanction a to share the hazard of expressing an opinion? contract entered into with a foreign State. How Or, is it consistent with the spirit of our consti- much more embarrassing if, in the exercise of tution, that the Executive should pursue a its constitutional powers, the Executive should course which leads to hostilities, without an in- involve the nation in a war against the wishes timation of the opinion and wishes of the nation, of its Representatives. The jarring and confuexpressed through the legislative body, on so sion, and inefficiency that would result, might important a concern? I think not, sir; and so have the most fatal influence on the national far from censuring the forbearance of the Execsuccess. No, sir, frankness and candor, and a utive, hitherto to send a Minister to La Plata, free and unreserved communication of the feelI applaud it; because, although I do not think ings and opinions of each by the other, can it would give just cause of war, yet, as it might never have any other than the happiest influlead to a rupture with Spain, a proper respect ence upon the National Councils. for the rights of this body required that they should await its opinion on the subject. Nor ought they to send a Minister, or to receive one, without the sanction of the legislative body, until the lapse of time or the acquiescence of Spain shall have removed every hazard of hostility. It is, then, with a view of expressing, at this time, our willingness to go hand in hand with the Executive in this affair, whenever it shall think it advisable to act, that I shall give my support to this proposition.

The propriety of an expression of an opinion by this House on important occasions being established, it behooves us to consider the neces sity of an interference at this time. Although we cannot perhaps speak very certainly of the situation of the Spanish provinces, yet no doubt can exist that a civil war is at this time raging between the colonies and the mother country. Nor can there be more reason to doubt that the power de facto in the Spanish province of Buenos Ayres is in the hands of the revolutionary But, gentlemen seem to consider this an in- patriots. And what is the principle of the law terference with the constitutional powers of of nations applicable to this state of things? the Executive. I do not think so. This House It is, that all foreign nations have a right to has at all times, and on all subjects, a right to consider the two contending parties as two indeclare its opinions, leaving to the Executive to dependent nations in all respects; that foreign act upon them or not, according to its pleasure. nations have no right to judge which party is in Nay, it has often done more. Wherever the the right, are justified in looking no farther act to be done by the Executive has been inti-than to the possession of the power, and in conmately connected with the constitutional pow-sidering those who are possessed of the power, ers of this body, it has always deemed itself competent to act. Thus, before the treaty for the purchase of Louisiana was made, $2,000,000 were put at the disposal of the Government for a purchase of Southern territory. Here there was an act perfectly analogous. This body had no right to make a purchase, or to command the President to do so; but, as the purchase, if made, would have called upon the legislative body for an appropriation, it was thought advisable to make it beforehand, and thus indicate a correspondence of views on a subject, where correspondence was necessary. Could it have been said at this time, that the Executive were censured by Congress for delaying to make a purchase the interest of the nation called for? Could it then have been objected that we were trenching upon the constitutional powers of the Executive? Could it have been alleged to be useless and frivolous, because the Executive could make the purchase without a law? If not, neither can it be said now. The act of the

de facto, as the Government of the country. It is a wise and natural principle of the law of nations. It flows from the source of all national law: the rights of nations to protect themselves and to seek their own advantage without injury to others. Nations, it is said, treat and communicate with each other to procure commercial and other benefits; to obtain redress for injuries sustained, or to provide against their occurrence. It matters not to the neutral nation whether the parties at war are right or wrong; it may be its interest to make arrange ments with both; it may be necessary to treat and communicate with each, to obtain satisfaction for wrongs, or to regulate their intercourse so as to prevent those infractions of neutral right so common in a state of war. In this view, it is only important to the neutral that the parties are possessed of the physical power of doing injuries or conferring benefits. With a people possessed of the physical power, or power de facto, though in a state of civil war, the laws