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SPEECH OF DE WITT CLINTON,

DELIVERED IN THE SENATE OF THE UNITED STATES,
FEBRUARY 23, 1803,

On the following resolutions: Resolved, That the United States of America have an indisputable right to the free navigation of the river Mississippi, and to a convenient deposit for their produce and merchandize in the island of New Orleans:

That the late infraction of such their unquestionable right is an aggression, hostile to their honor and interest:

That it does not consist with the dignity or safety of this union to hold a right so important by a tenure so uncertain: That it materially concerns such of the American citizens as dwell on the western waters, and is essential to the union, strength and prosperity of these states, that they obtain complete security for the full and peaceful enjoyment of such their absolute right: That the President be authorized to take immediate possession of some place or places, in the said island, or the adjacent territories, fit and convenient for the purposes aforesaid, and to adopt such measures for obtaining that complete security, as to him, in his wisdom, shall seem meet:

That he be authorized to call into actual service any number of the militia of the states of South Carolina, Georgia, Tennessee, Kentucky and Ohio, and the Mississippi territory, which he may think proper, not exceeding fifty thousand, and to employ them, together with the naval and military force of the union, for effecting the object abovementioned; and that the sum of five millions of dollars be appropriated to the carrying into effect the foregoing resolutions, and that the whole or any part of that sum be paid or applied on warrants, drawn in pursuance of such directions as the President may from time to time think proper to give to the secretary of the treasury.*

MR. PRESIDENT,

THE extraordinary manner, in which the subject, now under consideration, has been introduced; the extraordinary manner in which it has been treated, and

By the treaty of 1795, between the United States and Spain, the free navigation of the river Mississippi, and a privilege of deposit in the island of New Orleans, for three years, were secured to the citizens of the United States.

The treaty stipulated that this privilege should be continued after

when this fair country is to be desolated by a civil

war.

Do not say, that you render the judges dependent only on the people. You make them dependent on your President. This is his measure. The same tide of public opinion which changes a President, will change the majorities in the branches of the legislature. The legislature will be the instrument of his ambition, and he will have the courts as the instrument of his vengeance. He uses the legislature to remove the judges, that he may appoint creatures of his own. In effect, the powers of the government will be concentrated in the hands of one man, who will dare to act with more boldness, because he will be sheltered from responsibility. The independence of the judiciary was the felicity of our constitution. It was this principle which was to curb the fury of party on sudden changes. The first moments of power, gained by a struggle, are the most vindictive and intemperate. Raised above the storm, it was the judiciary which was to control the fiery zeal, and to quell the fierce passions of a victorious faction.

We are standing on the brink of that revolutionary torrent, which deluged in blood one of the fairest countries of Europe.

France had her national assembly, more numerous and equally popular with our own. She had her tribunals of justice, and her juries. But the legislature and her courts were but the instruments of her destruction. Acts of proscription and sentences of banishment and death were passed in the cabinet of a tyrant. Prostrate your judges at the feet of party, and you break down the mounds which defend you from this torrent. I am done. I should have thanked my God for greater power to resist a measure so destructive to the peace and happiness of the country. My feeble efforts can avail nothing. But it was my duty to make them. The meditated blow is mortal, and from the moment it is struck, we may bid a final adieu to the constitution.

twenty-second article of the treaty with Spain, it is declared, that" in consequence of the stipulations contained in the fourth article, his Catholic majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandize and effects in the port of New Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the stores. And his majesty promises either to continue this permission, if he finds, during that time, that it is not prejudicial to the interests of Spain, or if he should not agree to continue it there, he will assign to them, on another part of the banks of the Mississippi, an equivalent establishment." The twenty-second article, granting the right of deposit, is, therefore, founded upon the fourth article recognizing the right of free navigation, and is intended to give full and complete efficacy to it. By a proclamation of the Intendant of the province of Louisiana, dated the 16th of October last, the right of deposit is prohibited. The reason assigned for this daring interdiction is, that the three years, for which it was granted, having expired, it cannot be continued without an express order from the king of Spain. And, at the same time, no equivalent establishment is assigned according to the stipulations of the treaty.

There can be no doubt but that the suspension of the right of deposit at New Orleans, and the assignment of another place equally convenient, ought to have been contemporaneous and concurrent; that the conduct of the Intendant is an atrocious infraction of the treaty, and that it aims a deadly blow at the prosperity of the western states; but it is extremely questionable whether it was authorized by the government of Spain or not. On this subject I am free to declare, that I entertain great doubts, which can only be cleared up by the course of events, or perhaps it will ever be enveloped in darkness. On the one hand, the terms of the proclamation, indicating a misunderstanding of the treaty, the remonstrances of the governor of the

province, whose authority does not extend to commercial and fiscal affairs, over which the Intendant has an exclusive control, and the prompt and decided assurances of the Spanish minister near the United States, would induce a belief, that the act of the Intendant was unauthorized. On the other hand, it cannot readily be believed that this officer would assume such an immense responsibility, and encounter an event so big with important consequences, not only to his country, but to himself, without knowing explicitly the intentions of his government. Such then, is the true state of the Spanish aggression: an important right has been secured to our citizens by the solemnity of a treaty; this right has been withdrawn by an officer of the Spanish government, and whether this aggression was directed by it or not, is not as yet known. Other aggressions have, indeed, been stated by the honorable gentleman from Pennsylvania, (Mr. Ross.) in order to darken the picture, and with the manifest design of exasperating our feelings, inflaming our passions, and prompting an immediate appeal to the sword. That gentleman has mentioned, that great and unwarrantable spoliations have been committed upon our commerce by Spain, and that redress is refused. The depredations, previous to the treaty of 1795, were satisfactorily provided for in it, and those subsequent are in a favorable train of negociation and adjustment. If it were permitted to me to draw aside the veil which covers our executive proceedings, I could establish, to the satisfaction of every person present, that the honorable mover has wandered widely from candor and the convictions of his own knowledge, in his representations on this subject. I will, at present, content myself with giving an unqualified contradiction to his declarations, and do cheerfully appeal to the information. within the power of every member of the senate, for the accuracy of my assertion. I am fully satisfied that the court of Madrid has not only entertained, but has manifested in her negociations every disposition to

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MR. CLINTON'S SPEECH ON THE

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And his

twenty-second article of the treaty with Spain, it is declared, that "in consequence of the stipulations contained in the fourth article, his Catholic majesty will permit the citizens of the United States, for the dize and effects in the port of New Orleans, and to exof three years from this time, to deposit their merchanport them from thence without paying any other duty than a fair price for the hire of the stores. he finds, during that time, that it is not prejudicial to majesty promises either to continue this permission, if the interests of Spain, or if he should not agree to continue it there, he will assign to them, on another part of the banks of the Mississippi, an equivalent establishment." The twenty-second article, granting the right of deposit, is, therefore, founded upon the fourth article recognizing the right of free navigation, and is intended to give full and complete efficacy to it. By a proclamation of the Intendant of the province of Louisiana, dated the 16th of October last, the right of deposit is prohibited. The reason assigned for this daring interdiction is, that the three years, for which it was granted, having expired, it cannot be continued without an express order from the king of Spain. And, at the same time, no equivalent establishment is assigned according to the stipulations of the treaty.

There can be no doubt but that the suspension of the right of deposit at New Orleans, and the assignment of another place equally convenient, ought to have been contemporaneous and concurrent; that the conduct of the Intendant is an atrocious infraction of the treaty, and that it aims a deadly blow at the prosperity of the western states; but it is extremely questionable whether it was authorized by the government of Spain or not. On this subject I am free to declare, that I entertain great doubts, which can only be cleared up by the course of events, or perhaps it will ever be enveloped in darkness. On the one hand, the terms of the proclamation, indicating a misunderstanding of the treaty, the remonstrances of the governor of the

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