1404 
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 py 1 
 
Class. 
 Book_ 
 
. SPEECH 
 
 ■J 
 
 Mr. holmes, of Maine, 
 
 Delivered in the Senate of the United States^ 
 
 ON THE 
 
 \^ i^f^^foif to )9a(na(ma(* 
 
 March, 1826. 
 
 THE following Resolution, reported by the Commit- 
 tee of Foreign Relations, being under consideration, viz: 
 
 " Resolved, That it is not expedient, at this time, for the 
 United States to send any Ministers to the Congress of the 
 American Nations assembled at Panama" — 
 
 Mr. HOLMES, of Maine, addresssed the Senate as 
 follows : 
 
 Mr. Pbesident : I never rose on any question, with 
 my mind in greater embarrassment, uncertainty, and 
 doubt than on this — and I am very far from imagining 
 that I shall edity, much less convince, any member of the 
 Senate: for 
 
 " He that's convinced against his will. 
 
 Is of the same opinion still." 
 But I rise rather to make to you a very humiliating and 
 mortifying confession. It is this — that, though this ques- 
 tion has been more than two months before us — though 
 it haft undoi7^o»o »i. claburate investigation, and been 
 prest^nted to us in a very able report of the Committee 
 on Foreign Relations— though the message and docu- 
 meats have been fully examined, and we have had a dis- 
 cussion here whicti, tor arguirsent and eloquence, would 
 have done honor to any Country, in any age — yet I am 
 still, in a measure, ignorant of the subject. It is not pre- 
 tended, sir, that I don't know that the President has 
 nominated two gentlemen to be Ministers, or somethine" 
 I 
 
 /i 
 
 %L 
 
 w 
 

 else, to a Congress, or something else, to be held at the 
 Isthmus of Darien — that those nominations have beeii 
 referred to a committee, who have reported a resolution, 
 that it i s inexpedient to confirm them, and that this reso- 
 lution is now under consideration. Were I not to know 
 this I should be stupid indeed. But of the nature, cha- 
 racter, or extent of the mission, and the powers and du- 
 ties of the deputies to be sent, I am as utterly in the 
 dark as was JVichodenma when he was told that, '* except 
 a man be born again he cannot see the kingdom of 
 God." But, sir, there is even some consolation in this 
 state of uncertainty. I have fewer of those alarming 
 fears or ardent hopes which appear to agitate others. 
 Not knowing the nature or the extent of the object, I 
 cannot foresee its consequences — and I could safely re- 
 pose on the maxim, " if one cannot clearly see where to 
 go, nor what to do, it is best to stand still and do no- 
 thing " And there is a further consolation, in finding 
 that I am not alone in this state of comfortable uncer- 
 tainty, but in very good company. 
 
 Two gentlemen, of transcendent talents, and great po. 
 litical experience, have advocated the measure. Wish- 
 ing for light, I listened to them with intense interest ; 
 but i.o my utter disappointment, they, so far from defin- 
 ing the character and objects of this Congress, disagreed 
 as to both. With one it was not belligerent, because it 
 was seeking peace by arms and managing a defensive war. 
 With the other, it has no power to touch the political 
 condition of Cuba — the principal subject in which we 
 can have any interest. And yet this gentleman would 
 send Ministers to prevent their doing, whnt, he says, 
 they have no power to do ; just as the President would 
 send them to prevent the Spanish American Nations 
 from conceding to Spain any commercial privileges, as 
 the price of their independence, when, by their treaties 
 before us, they have jointly, and severally, and solemnly 
 stipulated that they will make no such concessions. 
 
 The President, indeed, seems to be involvrd in the 
 same uncertainty. Whpn thp invitation was first given* 
 he, with that wisdom and prudence for which he h«a 
 been so much celebrated, required, as a preliminary, 
 that "the precise questions" to be discussed, "the pow- 
 ers of the deputies," the ** organization of the Congress," 
 and the effect of its decisions, should be first understood. 
 These conditions, so indispensable, are however, yield- 
 ed, and Mr. Clay, in his letter to Mr. Salazar of the 30lh 
 Novenaber last, although he thinks "it would have been 
 perhaps better if there had been a full understanding 
 
 // 
 
 3-^ ail 
 
between all tlie American PoJvers who may assemble 
 by theh- representatives, ofihe precise questions on which 
 they are to deliberate, and that some other matters re- 
 specting the powers of the deputies and the organization of 
 the Congress, should have been distinctly arranged 
 prior to the opening of its deliberations;" yet, " as the 
 want <jf the adjustment of these preliminaries, if it would 
 occasion any inconvenience, could only be productive 
 oi delay," tells us that "the President has determined" 
 Vo accept the invitation. It is worthy of remark, that the 
 questions to be discussed, the powers of the deputies, and 
 the organization (>f the Congress are considered only as 
 " preliminary points." Now, if the subject, the authori- 
 ty to act on it, and the manner and effect of the ac 
 tion, are nothing but preliminary, pray what are the 
 main or principal points? It would seem to me, sir, 
 that these embraced the whole matter. Without these, 
 the instructions to our Ministers must be given from 
 conjecture, and after they shall arrive, if these should not 
 contorm to those of the deputies assembled, it will "be 
 only productive of delay" — a delay until they can send 
 home for new instructions. Thus will our hurry, as is 
 usually the case, produce nothing but delay and embar- 
 rassment. 
 
 In this state of uncertaintj', it was not very unresona 
 ble that the Senate should require a little more light, 
 before they acted definitively on a measure new and exr 
 traordinary, which might affect materially, our foreign 
 relations,and change rudically our whole course of policy. 
 
 For myself, I was particularly desirous that something 
 should be said to dissipate these clouds. All my predi- 
 lections were in favor of the proposed mission. The 
 Spanish Americans had my early sympathies, and they 
 still have them. In every thing which might promote 
 their independence, they have not only had my sympa- 
 thies, but my vote. I would do every thing for their in- 
 terest consistent with our maxims of policy, settled and 
 established in great wisdom. This was, moreover, a 
 measure proposed by a new administration, " to be tried 
 by its atis," ana I tvit no disposition to embarrass it. — 
 The President, though not the candidate which I pre- 
 ferred, was e ected in the mode prescribed by the consti- 
 tution. Of my preferrence for another gentleman I shall 
 always be proud. That gentleman stood without allies— 
 the alliances were all against him — he had to contend 
 with "principalities and powers" — he failed, and is in re- 
 tirement. 
 
Mr. Adams is elected, the coalition is dissolved, and I 
 cannot, with any cordi;Jity, unite myself to 2i\\y fragment 
 of that coalition against the administration. And I had 
 made the determination, lonpf before 1 had heard that of 
 the dislinpuished individual to whom 1 have referred, 
 to — ** try the administration by its acts" — to approve 
 where 1 cmld, but disapprove where I must : but while 
 I accord due resp^^ct and coiififlence to the Chief Magis- 
 trate of the Union, I must not forgot the duty, nor sur- 
 render the independence, of a Senator. 
 
 In this state of feeling, I was, on this question, a fair 
 candidate for conversion, and it was not unreasonable to 
 expect thiit the friends of this mission should give us 
 their arguments in support of it. I know their talents, 
 I have experienced and felt their powers, and I had a 
 right to expect that a measure, so enveloped, should be 
 made plain. I felt grateful, therefore, audi now tender 
 my sincerest thanks to the gentleman from Khode Island, 
 (Mr. RoDBiNS,) and the gentleman from Louisiana, (Mr. 
 Johnston,) for the attempt ihey have made; still it is but 
 an attempt. It stems now, that, as to the powers and 
 duties of this Congress, these gentlemen neither agree 
 with the treaties which establish it, the President, the 
 Ministers of those powers, nor with each other. 
 
 The gentleman from Massachusetts, (Mr. Mills.) 
 when he insinuated, (somewhat tardy,) that I was at- 
 tempting to instract or chstechise him, d d me great in- 
 jus'ice From iiim, being a member of the rommittee 
 who r'issented from the report, I was asW/j^g- instruction. 
 Ni), sir, I shall never again attempt t j instruct him. 
 Once, when we were members of another Senate, I did 
 attempt to inculcate on his mind some wdolesome truths, 
 but *bund him inveterately obstinate and incorrigible. I 
 beheve he has since become impressed v/ith the impor- 
 tance ofthose principles, and is now in a hopeful way. 
 But I was |;robably wrong in insisting that gentlemen 
 should speak to us. It was not for the want of tah^nts : 
 fof theirs are of the highest order; it was not tiiat 
 they wished for no converts : for their strength of 
 numbers, if ascertained, is not very great; it wss 
 not from fear that Executive smiles, by being more diffu- 
 sed, would become less .ntense — the fault was not in 
 them, bill in their cause. They had the best reasoH in 
 the wovld for not advocating a measure which ever, their 
 powers couM iiot sustain, and diey refused to spea'v be- 
 cause they had nothiiig to say. Trom lhe«e ren^arks, I, 
 of course, xempt ' he two g itiemen who have sup '.jrt- 
 ed the measure, and presume that they have said all 
 
which can be said. We, the uninspired, must, there- 
 fore, amidst these doubts and discrepancies, examine 
 into this matter for ourselves, and see to what result 
 we can come. 
 
 The proposition is to send deputies of some character 
 to a Congress «t Panama. The questions I shall put, and 
 in which 1 hare, in substance, been preceded by the 
 gentleman from South Carolina (Mr. Hatne) are these : 
 What is this Congress ? What are its objects and pow 
 ers ? Have we any coincident objects and powers 
 which render a mission necessary and proper ? In these 
 questions is involved the wboie mquiry ; they embrace 
 the whole subject, and yet they have been deemed but 
 " preliminary points." 
 
 Instead o^ recurring to the opinion of the President, 
 or of the Spanish American Ministers, it is safest to go 
 to the foundation, the constitution of this Congress^ 
 Whatever we might suppose, or their Ministers might 
 imagine, it is very certain that the depusies there must 
 be limited in the exercise of their powers to the com- 
 pacts which gave birth to the Congress. We have be- 
 fore us four treaties, in ail which t^he Republic of Co- 
 lumbia is a par y : one of the 6th July, 1822, with Peru ; 
 one of the 12h July, 1823, with Chili; another of the 
 15ih March lastj with Guatemala ; and the other of 20lh 
 September following, with Mexico. They are termed 
 " compacts of perpetual union, league, and confedera- 
 tion." In some respects they differ from each other. 
 In that with Peru, th. quota ir contingent oi troops for- 
 mutua' defence is stipulated, and they are to *• maintain 
 in common the cause of mdependence." In one, they 
 At*- to *• i 'eniify .heir principles in peace and in war ;'* 
 and in another, heir agreement is against "whatever 
 may menace the security of their independence and li- 
 te ty, affect their interests, and distU'D their peace ;" 
 Aid hey unite in whatever will "assure the niutual 
 prosperity, harn;ony, and good intelligence" with esch 
 other ; and ihere is in some, a provision in regard to 
 boundaries. Excepting tisese 'liscrepancies, thev con= 
 cur. Their coiopacts are perpetual — they are ofFei sive 
 anddefetsive ; each may repei a • invasion of the otherj 
 observing the laws of the invaded territory ; insurrec« 
 tionsareto be mu ually suppressed ; privil ges and im- 
 munities of commerce an citizenship are to be equal, 
 and state sovereignty ;s secured ; indc;mnity to Spain,, 
 as the price of mdc-pendence, and a separat \^e&ze, arp 
 prohibited, and the conted r>«tion is limited to tUe' 
 American na-ions "formerly Spanish." 
 
6 
 
 To secure these objects, a Congress is instituted, to 
 consist of two depuii's from each of the pirties, with 
 certain ileleg'a'ed and defined powers ; to ordain and 
 esiablish tiie proportion or conting'ent to be furnished 
 for the common defence ; to be a council on great occa- 
 sions or i'^ great conflicts ; to form a rallying point in 
 case of danger; to be an interpreter of treaiies; 
 to act as umpires in case of disputes ; and to 
 es'ablish intimate re'ations between the parties. Now, 
 sir, whether these grants confer legislative, executive, 
 judicial, or diplomatic powers, any, or all, it is certain 
 th.it this Congrr-ss is made as perpetual as any govern- 
 ment can he made. Its model is our Articles of Confed- 
 eration of 1778; and the sliglitest comparison will con- 
 vince any one that his was the identical instrument 
 from which tliis Congress was constituted. They have, 
 as near as possible, taken the -words. Theirs are com- 
 pacts " of perpetual union, league, and confederation," 
 ours, "articles of confederation and perpetual union ;" 
 but, by recurring to the third rtlcle, you will see ours 
 are call, d "a firm league of friendship" — each, then, is 
 perpetunl, both secure state sovereignty, provide equal 
 privileges and immunities of commerce and citizenship, 
 fix the quota or contingent for the common defence, are 
 oFensivi and defensive, umpires in case of differences, 
 pro' ibi a separate peace, and establish the rule by which 
 new parties are to be admitted into the league. 
 
 But, sir, there are two important points in which they| 
 differ: our confederation is by articles, theirs by compact, \ 
 By ours, the power is expressly delegated to appoint 
 and receive ambassadors and other public ministers ; by | 
 thfirs, it is as expressly withheld. 
 
 If it be, indeed, as the gentleman from Rhode Island 
 |Mr. RoBBiNs) contends, a diplomatic tribunal, it is pre- 
 sented in a serious, if not an alarming aspect. From ihe 
 nature and character of the powers granted, ih>- d.;: ies 
 4o be performed will never terminate. It m perpetual. 
 This point has not been controverted, and argument 
 would b thrown away to prove it. I' ivordi can convey 
 to the human mind an idea of perpetuity — if a perpetual 
 cost, d ration can be created by terms— a ' compact of 
 pcr|)' tual union, league and confedcrtion" are the best 
 and strongest which can be selected or invented. In 
 this view of it, we may perceive why the Spanish Am r- 
 icans have crea'.ed it by treaty. We, at the formation of 
 •ur confederation, being simple Republics, having all 
 the powers of sov; reijjnt- , could grant a portion of 
 •ur «ov«reignty by articke pf cpnfcderation ; but the 
 
f 
 
 parties to this confederation are, themselves, confeder- 
 ated Republics, vviUi limited powers. Vlexico, tiv ex- 
 ample, at the time of the adoption of her Constkutim, 
 con^^isted of fife n states. She took for her model ouc 
 Ftideral Constitutim.of which her's is nearly a transcript. 
 Ill some things, lo be sure, she has deviated for the 
 worse, as in an estabhsh d church; in others, for the bet- 
 ter, as ill guarding against consolidation, by providing 
 that the F -d-ral Judges should be nominate d by the 
 States; bu' thr treaty makins power is the same as our 
 own, and, like ours, is undefined 
 
 The Pr; s dent, with me advice and consent of the 
 Senat.^, two-thirds concurring.can make treaties, which, 
 when madt, become the supreme law of the land. The 
 United St tes of Mexico could cede no sovereignty, 
 but by virtue of the treaty-making power, and, conse- 
 quently, this Congress could be created only by com- 
 pact. If then it is only by this, that the power of 
 diplomacy can be surrendered to a foreign tribunal, we 
 may well pause and inquire to what objects the treaty. 
 making power extends. Not being defined by the Con- 
 stitution, the reasonable inference is, that it extends to 
 all the ordinal y subjects of negotiutioo. If this be so, 
 you may, by treaty, obtain and c?j5/)ose of territory and 
 population — transfer protection and allegiance — change 
 the 1 >w of contract in a State — barter aw ay its territory, 
 and, unless you have violated the Constitution, tliis very 
 session, not only change State laws but repeal them. 
 If, then, this pow r be so transcendant, is it p udeni to 
 confide it, if you can, to a f^^reign tribunal, in witich 
 your voice will be nol more than one to six, or perhaps 
 one to ten ? 
 
 It is but poor consolation to be answered, that nothing 
 definitive can be done there, and treaties made cannot 
 become the supreme law of the land, unt 1 ratified by 
 the President and Senate. How many questions may 
 be determined by negotiatiort which the House of Re- 
 presentatives can never reach? — where no appropria- 
 tion is necessary ? Find a nation whose views of legis- 
 lation are coincident with yours, and almost every muni- 
 cipal la,v, whether federal or local, may be modified by 
 the President and Senate, in spite of Congress or the 
 State Governments. The laws of devises, primogeni- 
 ture, eiitailmt-nts, &c. may be established by treaty, 
 made by the Executive power, which are to be the su- 
 preme law of the land, and to ride over and trample 
 down all laws of Congress, and of the States. 
 
To become parties to a treat j'-making, or treaty-orig4» 
 nating Congress, of unlimited duration, is a new and 
 extraordinary step. It becomes more dangerous from 
 our practice under tlie Const tution, which, in my view, 
 is a perverlion of its spirit. The President, with the ad- 
 vice and consent of two-thirds of the "^enate, is to make 
 treaties. The power nf making is taken away, and 
 nothing but that of ratifying is left to the Senate — A 
 new power, unknown to the Constitution, is sprung up, 
 termed a " Cabinet" — instructions to ministers, the 
 first step of negotiation, are never submitted to us— 
 these are discussed and agreed on in *' the Cabinet," 
 and, with these, and probably with the project or draft 
 of a treaty, the minister is despatched to make "supreme 
 laws of the land," which it is extremely embarrassing 
 and invidious *br the Senate to reject. If it be true, as 
 the gentleman from Rhode Island has told us, that this 
 is a diplomatic Congress, and is of perpetual duration^ 
 it is alarming indeed. 
 
 But I hope and trust the case is not quite so bad as 
 he makes it. It seems to me that no power of di>>IO' 
 macy can be exercised —no such power is granted— 
 "National sovereignty" is reserved and is not to be in- 
 terrupted " with respect to their relations with other 
 foreign nations*" and making treaties is specially re- 
 served to such power by its Constitution. And it i^ 
 moreover, inconsistent with every principle of free go- 
 vernment, that the makers of treaties should be the ex- 
 pounders or "interpreters" — that legislai ures should in- 
 terpret the laws which they shall have enacted. The 
 powers granted are, therefore, of another order, ani 
 they are legislative, executive, and judicial. In the 
 exercise of any of these can we, or ought we, to parti- 
 cipate ? As ministers, they have no power to receive 
 our delegates — as ministers, you have no power to send 
 them. An ambassador, or public minister, carries your 
 sovf reigiuy with him. He is your representative near 
 the government to which ho is sent, and is under the 
 proiec ion of that Goveriiment, and to be p'otecied 
 according to your own laws Her yi-.u send him to 
 no Govt rument authorzed o receive him, or having 
 the power to rottct him. B sidrs, the powers grant- 
 ed to that <Jo'g! e«s are to be exercised exr'u-'vely by 
 the American nations " formerly," or «• cidcvont Spa- 
 Dish " To ad'ijit us to vote, or even deliiei ate, would 
 be as much a violation of the compact or Constitution, 
 as f «r OS to have admitted the Dutch or French niiin»- 
 ter to t&ke a part la the deliberations of Congress, un- 
 
der our confederation. Neither can they be permitted 
 to hear the discussions. From 'he nature of the powers 
 granti^d, this Congress must be an organized body, go- 
 verned by a presi'iing' officer, and su'ljecied to rides, 
 Man- of their deUherations must be of a belli, re^'ent 
 character, and therefore secret. They must have the 
 authority, and it would often become their dut>, to im- 
 pose secrecy, evin by oaih. Now can your members 
 take such an oath? Suppcse (a case most likely to oc- 
 cur,) ai/ invasion of Cuba should be there discuss^^d-^ 
 this measure your minis' ers must oppose. Could they, 
 without a violation of duty to their own Go' emment, 
 give an obligation of secrecy, and cotdd they be ad it- 
 ted without that obligation? Your Ministers Ptoi«po- 
 tentiary, then, are to be nothing but lookers an, or 
 listeners, and in that in which your interest is most, con- 
 cerned, cannot be perm tted to act in those characters. 
 If the United States intend seriously to oppose an in- 
 vasion of Cuba, they ought long since to have made 
 knovm their deti-rmination, fuily and definitely, to the 
 Spanish American min sters here. 
 
 But we will suppose these obstacles surmounted, and 
 your deputies admitted in full communion. We are 
 then first to discuss the cont ngent to be provide'd by 
 each for the common defence. On this subject, Mr. 
 Obregon is very explicit. We are to fa\&\ ouv pledges 
 against European colonization, and interference of any 
 of the Powers of Europe, except Spain, against the in- 
 dependence of the Spanish Americans. This subject 
 of colonization, wh ch seems to be so involved in myste- 
 ry that no mortal can clearly perceive its meaning, has 
 been so well disposed of by other gentlemen,- that it 
 would be indeed fruitless to bestow on it any further ob- 
 servations. The other pledge is more explicit. But, 
 sir, as to pledges, allow me ti. say, once for all, that the 
 President of these United States has no power what:-.ver 
 to pledge the People of this Union to any nation in any 
 thing. And every declar;ition of his,made to the world, 
 must be understood by otlier nations, not as a pledge of 
 what we musz Co, bui as an opinion of what we -will <io. 
 Until Congress concur, or asbent to a measure aft'cting 
 our foreign relations, nothing is binding. Still, the 
 Mexican minister understands it differently, and inti- 
 mates that, to fulfil the obligation, there must be "a 
 previous concert as to the mode in which each shall 
 lend its co-operation." And Mr. Salazar recommends 
 "an eventual alliance,' to be k-pt secret until the c«sMff 
 fcederis occurs. If these ministers are correct, we are 
 
16 
 
 already entangled, and, whether, by "our own means,'* 
 or by *' pr-^vious concert" with them, we are bound to 
 fulfil stipulations made by the late administration: and 
 however we might, at this time, deny the force of the 
 late President's pledge, still, if we give our assent to 
 this mission, for the purposes thus avowed, we are ever 
 after foreclosed. One of the "precise questions" disclos- 
 ed, then, is the means to be furnished by the United 
 States, to prevent European colonization, or interference 
 in American affairs, and the manner of furnishing the 
 means, whet'^e^ by secret treaty, or otherwise. Yet the 
 Executive informs us that we are " not to deliberate on 
 any thing of a belligerent character, contract alliances, 
 nor undertake with them anything hostile to other na- 
 tions." Now, these things are not to be done, and yet, 
 if we accept the invitation to this Congress, we are 
 bound to concur in the avowed objects. How will gen- 
 tlemen reconcile these conflicting opinions? 
 
 The next grant of power is that of a council, on great 
 occasions, or, as in 0':e of the treaties, "in great con- 
 flicts." The parties to these compacts are at war with 
 Spain and they are to counsel and concert with each other 
 the means to terminate successfully this "conflic ." Yet 
 the gentleman from Louisiana maintains,that this is not a 
 belligerent Congress ; and for reasons which are to me 
 somewhat singular and extraordinary. He advances 
 some principles of international law, which, to say the 
 least, are novel. The objects are defensive and to obtain 
 peace, and therefore the purposes are not beUigerent ! 
 Upon these hypotheses, few nations have ever been bel- 
 lig rent : for scarcely one can be found, that will ac- 
 knowlrdge itself the aggressor. Each is fighting in de- 
 fence of its rights, and the professed object of every one 
 is peace. And, although thousands, nay, millions, have 
 betn slain in battle, there was no war ; this was only a 
 very peaceable kind of killing Does the President 
 mean the same when he savs, tiiat "we art-, not to de- 
 liberate on any thing of a belligerent character?" If he 
 does, his views may be easily reconciled with those of 
 the Spanish American mini-ters. if, tKcpcforc, owr minis- 
 ters are to discuss any question relating to the colomaa.- 
 tion or interference of any European power on this con- 
 tinent — if we are to settle there the mode in which they 
 are to be resisted, or to deliberate as to the contiigent 
 to be furnished.and the manner of the resistance- if, in- 
 deed, we take any course in regard to Cuba and Porto 
 Rico, our attitude must be ho-tile, and our neutrality is 
 Violated. " A council in great conflicts," is,emphaticaUv, 
 
u 
 
 a belligerent council. Yet the g-entleman from Louis!-' 
 ana consoles hitnielf, that our neutrality will not be vio- 
 lated, if we dissuade them from invading these Spanish 
 Islands. S r, upon this point I shall have something to 
 say, in another branch of my argument. 
 
 But the greatest lure to us, is the thought of partici- 
 pating in " A COUNCIL ON GKLAT OCCASIONS'." You kno«r, 
 sir, that Republics are never am' itious — hey are al- 
 ways humble, forbearing, unassuming — their leading po- 
 liticians are always as meek as Moses. Yet It seems, ia 
 this case, we are fascinated and inflated with this "great 
 occasion." My life for it, this is no scheme of the Presi- 
 dent — he is a cool, deliberate, calculating, penetrating, 
 discrimmating, reasoning, sort of politician. It is a toy, 
 yielded to the importunity of the Secretary of State. 
 The President has no strong partialities for the Spanish 
 Americans — Mr. Clay wanted a play thing, and the 
 President, probably with reluctance, consented so far 
 to gratify him,as to present the proposition to the Senate, 
 hoping no doubt that we would reject it. Sir, who has 
 been the leader of this crusade, in favor of Spanish Ame- 
 rican liberty ? Who, more than seven years ago, became 
 their chief advocate, in the House of Representatives? 
 Whose speeches have been tran-'lated and retranslated, 
 and circulated throughout their vast dominions ? Who 
 has been toasted as the champion, and canonized as the 
 saint? Who, in fine, is to reap the reward ? The Secre- 
 tary well knows, that public opinion has already made 
 him t!ieir grand advocate and intercessor, and he will 
 so manage it that, if there is to be any glory, it is to 
 be his inheritance — if any di-grace, it is to bi entailed 
 on the President. No, sir, this is the magnificent scheme 
 of the favorite — the genius, t le master spirit of the West. 
 1 intend notJiing invidious t > my friends here, from that 
 interesting section of the Unio:i. I respect them much, I 
 admire their frankness, intelligence, and liberality; and 
 even their extravaganoe has its apology. Taey occupy 
 a vast, interesting country— they have aspiring fortsts, 
 majestic rivers, sublime mouutiilns. They look upon 
 the scene, and contemplate the prospect btfort; them; 
 and the mind is enlarged, expanded, elevated, sublimat' 
 ed. But this scheme of the secretary, in point of ex- 
 travagance, transcends all imagination. Ail the nations 
 of this vast continent are to be arrayed. Buenos Ayres, 
 the Banda Oriental, <Jhili, and t'eru, are to fuirn the 
 right ; Colombia, Guatemala, and Mexico, the centre ; 
 the United States the left, and Mame the exlr me left. 
 The little empire of Brazil,and the hordes of Canada and 
 
12 
 
 Nova Scotia, are probably to be disposed of; and then 
 we can present one undivided front to Europe and Afri- 
 ca, and another to Asia and the Isles of India. And the 
 conception and contemplation of this mighty achieve- 
 ment, posterity is to ascribe to the marchless spirit of 
 the West ! 
 
 But, the next power granted to this Congress, and in • 
 which we are to participate, is this : It is to be ». rallying 
 point \n danger. The United States, in case of danger, 
 are to fix their rallying point at the Isthmus of Darien ! 
 Sir, I would as soon fix it in Symmes' canity. When we 
 shall be in danger, our rallying point must be at home. 
 I do not mean in Fortress Monroe, or in any otbii of 
 your useless and extravagant fortifications. You have 
 already twice as many as you can ever ma , by any dis- 
 posable force you can ever have in any war in whicli you 
 will ever be engaged ; and the one half is consequently 
 to be occupied by your enemy. This is very magnani- 
 mous Your enemy will be able to stiike you with efl'ect 
 on the ocean, and you give him an equal chance with 
 you on the land — thereby converting a religious precept 
 into a political maxim : " If thine enemy smiti- thee on 
 thy rigiit checii, tarn to him the other also." No, sir, 
 I dnn't mean these — I mean the Congress of the United 
 States; if you are wise and prudent — the State Govern- 
 in r nts, if any shall remain — every man's fireside will be 
 his rallying point. Aiid who, in case of danger, will rally 
 round thest , and how can you induce them to rally ? It 
 is by nut attempting too much. Do as little as possible 
 for the People, and leave them as much as you can to 
 do for thems Ives. Engage in no wild and extravagant 
 schemes and speculation^,to pick their pock-^ts, and "eat 
 out their substance.'' Stay at home, and mind your own 
 affairs. " Peaf.e, commecc, and honest friendship, vath 
 all nations, fntangling alliances with none" — preserve 
 the Constitution in its puri y - keep a vigdant eye, that 
 no encroachments are made on your State Governments 
 — build no mjre fortifications than you can effectually 
 man — increase your n.v- jasteo fast, and no faster than 
 that every addiiioiial ship shall not only be a nominal, 
 but a real addition to your strength— give your mn;Tla 
 arms and instruction too — practice economy, not talk 
 about it, h\x\. practice it — pay your debt — relieve your 
 People fr im all unnecessary burdens— and then, incase 
 of danger, you will find strong arms, stout hearts, and 
 high, disinterested, ind. pendent, and patriotic minds, 
 which will rally under *' your star-spangled banner," 
 wherever it ought to float, and you may defy a world in 
 arms. 
 
13 
 
 I'he next substantive power of this Congress in which 
 we are to be reoresented, is judicial — the interpretation 
 of treaties. I know it has become unfiishionable to re- 
 cur to this little book — its use is nearly exploded — yet, 
 I am unwilling to surrender it entirely; 1 would nourish 
 it as a sick friend, and not bury it until it should be sure- 
 ly dead; and, when it must be consi^jned to the tomb, 
 I would cherish its remembrance, and clinp^ to. its pre- 
 cepts. One of these precepts is, that treaties made un- 
 der its (legitimate) authority, are the supreme laws of 
 the land; and another, that the judicial power extends 
 to all cases arising under such treaties. Now, Sir, though 
 I would regard the exercise of our own judicial power 
 with a vigilant, and ever j alous eye, I would not trans- 
 fer it, if I could, to any Spaniard on earth — even to the 
 Washington of the Southern hemis[)bere. 
 
 An umpirage, in case of disputes, is of the same judi- 
 cial character, and subject to the same objections. 
 '• Suffi, ient unto the day is the evil thereof." You have 
 no disputes to settle with these nations, which cannot be 
 adjusted by ordinary negotiations. The adjustment of 
 your boundar}' with Mexico was provided for in your 
 treaty with Spain, before the Mexican Revolution; the 
 obligations of that treaty falls upon the new State; no im- 
 pediment has been thrown in the wa)'; and it is under- 
 stood that this point is settled. Nations, not parties, will 
 never submit to the decisions of this Congress, and 
 ques ions between the parties will be determined in a 
 Congress, where tlios^* whos? views and feelings wilt be 
 coincident, -dvejive, and. perhaps, will be, ten to one 
 against you. Such a tribunal I would never CFeate — to 
 its decisions, I would never submit. 
 
 Whether, to esabiish intimate relations between the 
 parties, is a distinct grant of power, or merely the pur- 
 pose, or reason of the gr .nts, is not certnin. It may be 
 nothing more than was intendi'd in our Constitution, by 
 providing '* for the general welfare." For the purpose 
 of doing this our Congrf ss was to exercise certain pow- 
 ers, and for the purpose of establishing " intimate 
 relations," this longress ts to exercise ti^os:- specifically 
 defined. In the treaty between Colombia and Guatema= 
 la, th's 3 the expression — "for the purpose of establish- 
 ing, on a more solid basis, the intimate relations which 
 exist between them all, indivld 'ally, and collectively;" a 
 general Congress was to be assembled, &c. to exercise ' 
 the powers delegated, and no others. 
 
 If, in the examination into the nature and character of 
 -his Congress, and the extent of its powers as granted by 
 
14 
 
 these compacts, I do not much mistake, we necessarllv 
 coineto the following results: It is perpe ualj and it is 
 expressly prohibited to receive a«d accredit our Minis- 
 ters It has no power of diplomacy or negotiation; or, 
 if it hiis, it would be a departure from our establshed 
 pohcy, a pervt-rsion of the Constitution, and a dan- 
 gerous innovation of legislation, to confer, on a foreign 
 permanent tribunal, even the power to originate trea- 
 ties. It is ess iiliHlly belligerent; legislative, in provid- 
 ing means to annoy its enemies, 3.nd Judicial, in deter- 
 mining international differences, and seitling interna- 
 tional law as inte'preters of treaties; and, by its* insti- 
 tution, it is limited to " the American nations formerly 
 Spanish." As. therefore, we could send no Ministers to 
 such a Congress, or could authoriz" them to do no indivi. 
 dual act.consistent with our lieutrality; and they could not 
 be permitted to participate m any tiling consistent with 
 the consi tutional compacts which establish this Con- 
 gress, it seems to me the height of atisurdity to ap- 
 point Ministers Plenipotentiary. If we have any inter- 
 est at all in the result of their deliberations, it would 
 have been better served by an agent, appointed by the 
 President to ascertain tlieir objects, attend to the pro- 
 gress of their proceedings, and communicate the infor- 
 mation to our Government. 
 
 Here I might stop, had not the President, in his mes- 
 sage, and the Spanish American Ministers, in their cor- 
 • respondence with us, pointed out other objects, not em- 
 braced within the limits of their constitutional com- 
 pacts. As it appears to be the opinion of each, that ob- 
 jects, other than those confided to this Congrtss by 
 these compacts, may be matters of consideration and de- 
 cision, it is proper to examine them. The President, 
 in iiis Message, is of opinion that we may aid the ii by 
 our experience, and instruct them in principles ot reli- 
 gious freedom ; and the gentleman from Louisiana, 
 speaks of the moral effect to be produced, and the dig- 
 nity to be conferred. Thus, we are to depute Mr. Ser- 
 geant and Mr. Anderson, in the double capacity of min- 
 istc rs and missionaries. Whether they ape to have dou- 
 ble outfits and salaries, we are not yet informed. In- 
 deed, Sir, 1 apprehend, from recent disclosures, they 
 will think less of our "experience" than they have 
 done, if not of our sincerity; and if we would send min- 
 isters at all, it should be to relieve us from the thraldom 
 in regard to the mediation of Russia. When the do- 
 cuments communicated were in r> ading, and I perceiv- 
 ed from the letters of Mr. Middleton and air. Clay ttat 
 
15 
 
 J'le Emperor Alexander had ag'feed to mc-d"uite with 
 Span for tiie recognition of her coloiiits, I was inspired 
 with admiration at, andg^ratiludefur, s uh mapfnanimitv — 
 that the head of the Holy All ance, the dt-fender and 
 protector of the rights of kings, s'lould become a medi- 
 ator ill favor of Republics, was extraordinary and unex- 
 pected, and an indication of real greatness. 1 listened, 
 therefore, with intens interest for his declaration to 
 that effect. The letter of Cou t Ncsseh'ode was re.ad — 
 this was a polite, but frank re us il. From the- n ex de- 
 spatch we expected to hear tliat the Emperor had chting- 
 ed hismiiid — but, this was all. [Here Mr. H. read'-'ount 
 Nesselrode's letter of the 20th August, 1825.] 1 had 
 previously learned that the condition, not the indcpen- 
 denc'' of the Spanish Americas, had been discn.ssv^d ia 
 the European Congress; thattlie M.xican Legation had 
 been orde-ed lo leave Spain — that Government refusing 
 to hear the subject of their independence even discuss- 
 ed; and with this information, and this letter before iiim, 
 how "any man could have been led to believe that tliis 
 document was an agreement of the Emperor to medi- 
 ate for this recognition by Spain, was to me utterly as- 
 tonishing. But it is more extraordinary still, if we sup- 
 pose that the Secretary had, at the time of the first mes' 
 sage, the pai^ers from Mr. Everett afterwards sent us. 
 These go to establish, unequivocall)^ the determination 
 of Russia not to mediate, and of Spain not to recognize 
 the independence of her colonies, on any consideration. 
 That Mr. Middleton should have been deceived, I could 
 read ly suppose; he is much more distinguished fof his 
 honesty and goodness of heart, than for his political or 
 diplomatic wisdom, or experience; and it is not sin 
 gular that his wishes should get the better of his 
 judgment. But how the adroit Secretary could have 
 thus deluded himse f, is past conjecture. The stu- 
 pid and infatuated Spanish Monarch is firmly and con- 
 fidf^ntly relying on Oivine Providence to give him 
 back his colonies, without any exertion of his own — 
 that Providence who cares, probably, less for him than 
 for the "sparrow t'lat falls to the ground," and who will 
 interfere, if at all, "to break the rod of the oppressor 
 and let the oppressed go free." 
 
 I need only call the recollection of gentlemen to Spanish 
 history to prove that this obstinacy and perseverance is 
 characteristic of that nation Portugal, after having been 
 sixty years subject to Spain, in 1646,revoUed, and, under 
 the Braganzas, drove the Spaniards from their country. 
 ¥oii well recollect how long Spain struggled to reconquer 
 
Hi 
 
 that then gallant People ; she peisevered against reksor.. 
 and hoped against hope. The united provinces were 
 subject to Spain. They were the carriers for all Europe; 
 from Lsbon, the depot of the wealth of the East, and 
 Cadiz, the depot of that of the West, they transported 
 to, and supplied,al! the North of Europe. Antwerp was 
 the most commercial city in the world. In 1570, the 
 the Hollanders revolted. Spain was then to Europe 
 what Russia is now. The power established by Charles 
 the Fifth, was in its strength and vigor. These re- 
 volted provinces, however, maintained the struggle, un- 
 der every disadvantage, but with wonderful' success. 
 In ten years after the first revolt, they were excluded 
 from Lisbon by the subjugation of Portugal to Spain, 
 and in five years after, their beautiful Antwerp was 
 .sacked and ruined by ti)at monster the Duke of Parma ; 
 but amid these reverses and misforUmes, they maintain- 
 ed the war. Amsterdam rose on the ruins of Antwerp. 
 Driven from Lisbon and ''adiz, they sought the com- 
 merce of the East and West Indies at its sources; and 
 the colonies of Spain and Portugal in tiie remotest parts 
 of the world felt their power, and were subjected by 
 their arms. After a vindictive and cruel war of near 
 forty years, Spain was compelled to agree to a truce for 
 twelve years. The truce was violated before it had ex- 
 pired; the war was renewed; and Spain again experienced 
 everywhere disaster and defeat. Her rich galleons 
 were captured; her fletts were defeated in repeated 
 conflicts; her Armada was destroved, eveninthe Downs; 
 and,, though beaten, weakened, humbled, and on the 
 bri k of ruin, it was not until the peace of Westphalia, 
 in 1648, tiiat she consented to acknowledge the Inde- 
 pendence of these Provinces. The character of Spain 
 is not changed, and in modern times you have witnessed 
 the sume persevering obstinacy against one of the most 
 powf-rfiil and successful conquerors the world ever saw. 
 And with these facts before us, how comes it to pass, 
 that we are encouraging these Americans, that Spain is 
 disposed to acknowledge their Independence, and that 
 when her infatuated monarch says, emphatically, JVo, he 
 undoubtedly means ^s ? And what has been the effect 
 of this delusive hope which we have inspired ? The 
 Spanish Americans have been deterred from striking 
 Spain in her most vulnerable part, and the only one 
 within striking distance, and Cuba and Porto Rico are 
 so strengthened that they may probably now bid de- 
 fiance to the united efforts of the Spanish American na- 
 tions. This is one of the blessed effects of officiouslv 
 
17 
 
 intermeddUng in affairs of our neighbors. But this is 
 not tlie onl)- effcjct of this officious friendship. In 
 pressing this hopeless intermediation of the Emperor 
 Alexander we have dropped a word, which, if fairly 
 understood by the crafty Nesselrode, may justly give 
 g;reat offence to these our friends. We are, it seems, to use 
 our influence *' in defeating, as far as may be in ourpow- 
 er,every interference against thoselslands in securing the 
 rights of his Catholic Majesty constant and proper re- 
 spect, and in maintaining the only state of things that 
 can preserve a just balance of power in the sea of the 
 Antilles." 
 
 Add to this, that we are to intermeddle with their re- 
 ligion. On this subject the President is very explicit — 
 "There is" (he says) "another subject, upon which,with- 
 out entering into any treaty, the moral influence of the 
 United States may, perhaps, be exerted with beneficial 
 consequence at such a meeting — the advancement of re- 
 ligious liberty. Some of the Southern nations are even 
 yet so far under the dominion of prejudice that they 
 have incorporated, tvith their political constitutions, an 
 exclusive church, without toleration of any other than 
 the dominant sect. The abandonment of this last 
 badge of religious bigotry and oppression may be press- 
 ed more effectually,by the united exertions of those who 
 concur in the principles of freedom of conscience, upon 
 those who are yet to be convinced of tlieir justice and 
 wisdom, than by the solitary efforts of a minister to any 
 one of the separate Governments." We then are to 
 exert our influence there to induce an abandonment of 
 this last badge of religious bigotry and oppression — an 
 exclusive and intolerant church, which some have in- 
 corporated with their political institutions. How any 
 one could suppose or even dream that such an object 
 could be accomplished, when these nations have ex- 
 pressly stipulated that this Congress shall do nothing 
 which shall " interrupt the establishment and form of their 
 respective Govertiments" is, indeed, difficult to con- 
 ceive. It is true that Mexico has incorporated these ob- 
 noxious principles in her Federal Constitution, and it is 
 equally true, that her Government cannot, and much 
 less can this Congress, alter that Constitution and ex- 
 punge them. 
 
 An interference in this most delicate of all subjects, '' 
 would be as impolitic as unfriendly. The intelligent 
 men of Mexico would have gladly rejected this constitu- 
 tional provision, but they were obliged to concede it as 
 the price of their independence. No People on earth 
 g* 
 
18 
 
 are more devoted to their relig'ion tlian Catholic3 — none 
 are under more absolute control of their priests. With- 
 out conciliating the People and their priests, their Re- 
 volution could never have been effected. The smallest 
 attempt to touch them in this tender point might even 
 produce a counter-Revolution. If we look at home, we 
 may learn that we were obliged to countenance the same 
 intolerant spirit to effect oiir Revolution. In an address 
 of Congress we urged as one of our complaints against 
 the British King, his toleration of the French Catholics 
 in Canada, and by the Constitution of Massachusetts, an 
 oath ot abjuration was required, which went to exclude 
 Catholics from every office. When a People is strug- 
 gling for independence, politicians are obliged to yield 
 to narrow, illiberal, popular prejudices, which they con- 
 demn.and leave it to time and the progress of intelligence 
 to work the cure. 
 
 Our dear friends, the Spanish Americans, might well 
 expostulate and complain thus : *' You advised us to re< 
 frain from an invasion of C»ba, lest it should prevent 
 the mediation of Russia. We did refrain ; Spain has 
 gained time and recovered strength, and the mediation 
 is all a delusion." What would be your answer ? " Mr. 
 Clay is ihe champion of your cause, and he believed aa 
 he wished. Like a gentleman in love — he pressed his 
 suit With all the eagerness of a distracted lover ; the 
 lady could not en ourage his addre<>ses, but she was too 
 good and loo candid to deceive or c quette him. She 
 determined to give him a frank, un quivocal refusal ; 
 but in such a manner, haviiig respect for his merits, as 
 notto wound his feelings. S'le did so, and the refusal 
 was so kind, that the fond foolish lover thought she had 
 relented, and would not take no o- an answer." This 
 apology TM/g-At satisfy them. ' But !;ow does it happen 
 that your government is to defeat, as far as i7i its power, 
 every enterprise of ours against Cubn and Porio Rico ?" 
 "Oh, we mean no such thing ; the cunning Ktissian has 
 misquoted and circumvented us." "But you. it seem-, 
 hav: come to modify our rehg^on. Th s is the uiiiind- 
 est cut of ail. Onr People con-ideryou as h'^niics, dis- 
 senters, and apostates from the true faith. Le this part of 
 your mission be known, let it be understood that our 
 holy rehgion is in danger ; a storm will be raised that 
 nothing can withstand, and we who invite! you will be 
 the first vic'ims ol its fury The pr esis will s imd the 
 alarm; it will reach the ears of e^try oiou;- masi : ihe 
 standard of Ftrdinaud, •'his most faithful Mxj bt>," will 
 be raised, and a counter-revolution be achieved in not 
 
19 
 
 so many months, as we were years in accomnlishing' aur 
 independence." I suppose their answer t-.. this i xpostu- 
 lation would be, that this was only a bait to catch the 
 pious, and make the measure popular ht re. 
 
 The course we have pursued and ought to pursue in 
 regard to Cuba, is matter of much perplexity. A dark 
 cloud hangs over that Island, and bears a threatening as- 
 pect -which way it will pass over, where it will burst, 
 or whether it wiil burst at all, no mortal can predict. — 
 Suppose the worst — an insurrection of the slaves, a 
 servile war — can you, ought you, to interfere ? Which 
 side would you take ? Against the insurgents .' My life 
 for it, you could not maintain such a war — public opin- 
 ion would not sustain you. A war out of the limits of the 
 U. States, a foreign war, to reduce men to servitude! Not 
 an arm and scarcely a voice north of the Potomac, would 
 be raised in your behalf. An administration who should 
 attempt it, would seal its own destruction. No, Sir, the 
 liberal and discreet politicians of the North, sympathise 
 with their brethren of the slave-holding States. Our 
 maxim is.that it is an evil, which we cannot remedy.The 
 only relief we can give them, is to let them manage it them- 
 selves, and that any interference on our part will make 
 it worse. But beyond this we will not go. To send 
 our troops, the sons of freemen, to a foreign country, to 
 be the victims of the sword and the pestilence, for the 
 purpose of suppresing an insurrection of the slaves, is a 
 measure against which we shall ever protest — ^to which 
 we shall never submit. We could not if we would — the 
 apostles of liberty, the advocates of universal emancipa- 
 tion would cry aloud,and denounce this war in favor of sla- 
 very ! Their voices would be hearc!, even in the humble 
 habitation of the slave, and you would soon find it neces- 
 sary to withdraw your army to preserve peace at home. 
 So much for the North. I now ask the gentlemen ofthe 
 South whethe]', if it is only intended to discuss the con- 
 dition of Cuba, Panama is the proper place. You have 
 already said too much fl^ainsf emancipation. By pro- 
 voking a discussion you increase the evil you attempt to 
 remedy. On this subject your wisest policy is to say 
 but little. But if you will speak, let it not be on the 
 house top. To this extraordinary Congress the eyes of 
 the world are turned. Its objects, ils deliberations, its 
 determinations, are matters of imiversal interest Let it 
 be known that the rights of the slaves of Cuba are to be 
 discussed there, and every philanthrophist and fanatic in 
 Europe will be on the alert — tli ir voices will be respond- 
 ed from the American continent— the blacks will take 
 
20 
 
 fire, and the scenes of St. Damingo will be re-acted at 
 home. No, let me repeat, when you cannot see where 
 to go nor what to do, stand still and do nothing. And 
 wherein is the justice otyour interference ? You go 
 there as invited friends, and on a subject most of all im- 
 portant, you oppose them. So far as regards Spanish Ame- 
 rica, leave Cuba to its fate. These nations will, as they 
 hare told you, go in aid of the Creole population, and 
 surely it would be a miserable aid indeed to let loose the 
 slave upon his master. Your interference, in any way, 
 will be an injury to them, if not a curse to your country. 
 
 And what good reason can induce you to unite in 
 settling the political condition of Hayti ? Are you not 
 now satisfied with its condition ? If your political rela- 
 tions are not sufficiently close, it is your own fault : for 
 Hayci has always been solicitous for a closer union. You 
 need not surely send to Panama to determine what are 
 your own wishes. Nor need you fear what will be the 
 determination of that Congress, in regard to that Island. 
 When France, as you supposed, had acknowledged its 
 independence, you felt no alarm, and why should yoH 
 fear if the Spanish Americans should do the same ? But 
 the gentleman from Louisiana insinuates, that, if the 
 Haytiens should ever be represented at Washington, 
 their minister or agent must be a ivhite man. Now, if it 
 is really a question of sufficient importance, to determine 
 whether he should be black, yellow or white, Panama is 
 the last place in the world where I should go to settle it. 
 When our fresh and fair ministers shall enter the Hall 
 of that Congress, and look round it on their associates, 
 I apprehend that they will deem it invidious and indeli- 
 cate to talk about color. If you or I sir, had been select- 
 ed for this mission, or some of my friends who sit round 
 me, or some of those on the other side o the way, we 
 might have discussed a question of complexion with a 
 much better grace- But as it is, I am inclined to beheve 
 w had better leave it to the United States and Hayti 
 to determine it themselves. 
 
 But, ii seems, the law of nations is to be re-enacted, 
 or modified ; the list of contraband is to oe limited ; 
 blockades are to be defined, and free ships are to make 
 free goods — and to do all this, we must be represented 
 at this Congress. Are these doctrines of ours at this 
 time in peculiar jeopardy ? Aie we any where threaten- 
 ed with a resistance to the principles which we have 
 endpavored to mauiiain ? Do any of these nations ob- 
 ject to our maxims of policy on any of the e subjects ? 
 With France, Holland, Spain, Prussia, Denmark, and 
 
21 
 
 Sweden, we have, by Treaty, adjusted these points to 
 ourown saiisfaction. With Uuss'iawf have no treaty, yet 
 wc know her views to be coincldput with ours, in n-pard 
 to 'hem all. You well recollect that, in 1780 or 1781, 
 while France, Holland, Spain, and the XJmred States, 
 were at war with England, Russia was principal in form- 
 ing what I think was called by some •■ the qua«lruple al- 
 liance," but generally, the " armed neutrality." Look 
 at the manifesto of those powers on that occasion, and 
 you will find their doctrines of contraband, blockade, 
 and giving the character of the goods to the ship, in 
 perfect agr>;ement with our own. And is there the 
 least ground of fear that these Spanish Americans 
 wi!) resist these principles ? Our marine strength is far 
 Superior to all theirs combined, and these principles for 
 which we contend, are always concessions of the strong- 
 er I o the weaker state. This is the reason why Eng- 
 land will never yield them. These nations, now at war 
 with Spain, might be disposed to search for enemics- 
 gowds, on board of the ships of a weak or inconsidera- 
 ble neutral, but knowing the strength of our navy, 
 they never would venture on such an experiment upon 
 \iB, and they never have done it. The reason is mani- 
 fest. By our treaty with Spain, we can carry the goods 
 of a Spanish American, without molestation from Spa- 
 nish cruisers ; and, consequently, these Spanish Ameri- 
 cans ought not to molest us, if we do the same for a sub- 
 ject of Spain, and they do not molest us. In the trea- 
 ties with them already made, this has never been a point 
 of difficulty, and never will be ; they will always con- 
 sider it a concession made to the^n. 
 
 As to a reciprocity in commerce, that, when we have 
 negotiated, has been conceded without difficulty, except 
 with Mexico, and it is understood that, with her, the 
 point is, at length, adjusted ; and, if we were to encoun- 
 ter a question of that sort, it had much better be done 
 with each, individually, without danger of a combination 
 of interests against us. 
 
 The Slave Trade has been mentioned as a subject to 
 come under the deliberations of this Congress, and we 
 have had a pretty smart rebuke from Mr. Salazar for not 
 ratifying the Colombian convention. This subject I think 
 I understand, and I might occupy a day in its discussion; 
 yet, from the limits I have prescribed to myself, I can 
 scarcely afford it five minutes, ^luffice it, then, to say.that 
 however 1 detest this traffic, whatever '"rce, and at what- 
 ever expense,! would employ to suppress it,I never would 
 concede the right of search to any nation under Heaven >, 
 
2:2 
 
 HOP would F, for any considerafioni whether of humaniiy 
 or policy, permit an officer of a foreig'n government to 
 arrest au'l hold for t ial a ciiizen of the Uuiled Status, "n 
 his suspicion that such citizen had commiUed a crime 
 agfainst our own laws. If, however, this Congress is, by 
 declaration or manifesto, to declare this traffic piracy 
 i^/^c Ztiwo/" na/«o«5, and such declaration or manifesto, 
 not b -ing a treaty, could not be submitted to the deter- 
 mination of the Senate, the result, as to us, will be the 
 same as if we had es'ablished the principle by treaty. If 
 the other parties receive i^ as law, and ait upon it as in- 
 ternational law, your citizens rill b subject to search, 
 arrest trial, and punishment, by f )reigneis, for a crime, 
 strictly municipal, without tri.il by jury, or any of the 
 securities guarantied by the • onstitution. In this way, 
 municipal m iv be converted into national law, not only 
 by the treaty. making power, but by the President alone, 
 without the intervention eve'i of the Senate, and tlie 
 Executive of this country would acquire a legis'ative 
 power without limit and above control. However up- 
 right he may be, the genius of the Government will not 
 permit any man to wield such a power. Was I not, thew, 
 right, in stating that we were acting in the dark ? And 13 
 it not equally true, that we ar>j taking a step which we 
 can never retrace ? Sir, you are on dangerous,untrodden 
 ground — you are approaching the brink of a precipice — 
 the ground trembles beneath your f^et — advance one 
 step, and you may plunge into the abyss, and be lost 
 forever. 
 
UDi-inriT ur uurNtjr-icaa 
 
 015 848 869 3 
 
 
 
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