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dians if ever our own citizens have a free and uncontrolled intercourse with them. And yet it is a positive condition of the treaty that the British traders settled at Detroit and in the other posts-men who from habit are attached to Great Britain, and inimical to the United States: who have given repeated proofs of that enmity: who possess an unbounded influence amongst the Indians, and have been the chief promoters of the Indian war-that these men may remain there as British subjects, and that they and all other British subjects may have the privilege for ever to pass over that line, which we have forbidden our citizens to cross, and may continue to carry on with the Indians living within our territory, a free trade and commerce uncontrolled by our laws and by those regulations which we have imposed, or may impose on our citizens; in other words, we have agreed that these men may preserve their baneful influence over the Indians, and their allegiance to Great Britain; and we may therefore expect that influence to be exerted which suits the interest and will be in conformity to the directions of their sovereign. I must, therefore, repeat that as I think that at any time since 1789 we might have had the posts without these conditions, provided we had then agreed, as we have by the late treaty, to make a compensation for the British debts, I had much rather that we could again be placed in the situation in which we were two years ago; and I will not hesitate to declare that in my opinion our claim to the posts and the chance we had to obtain them by negotiation, in the year 1793, was better than their possession upon the terms of the treaty. But as the question now is not what would be best to be done if no treaty had been made; as the negotiator has put us in a worse situation than we were before that treaty; as the subject of the present examination is the consequences that will follow if no treaty at all is made; and as one of those consequences will undoubtedly be a further detention of the posts, and less hope to obtain them in future, I will certainly agree that it is better to have them, even encumbered with these conditions, than not to have them at all. For although they may not be of an immediate advantage, either as a commercial object or as giving security against the Indians, their possession will enable us to prevent a further extension of the British settlements within our territory and by forming settlements of our own, to acquire by degrees sufficient strength in that quarter to have nothing to fear either from the British or from the Indians.

The further detention of the posts, the national stain that will result from receiving no reparation for the spoliations on our trade, and the uncertainty of a final adjustment of our differences with Great Britain, are the three evils which strike me as resulting from a rejection of the treaty; and when to those considerations I add that of the present situation of this country, of the agitation of the public mind, and of the

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advantages that will arise from union of sentiments, however injurious and unequal I conceive the treaty to be, however repugnant it may be to my feelings, and perhaps to my prejudices, I feel induced to vote for it, and will not give my assent to any proposition which will imply its rejection. But the conduct of Great Britain since the treaty was signed, the impressment of our seamen and their uninterrupted spoliations on our trade, especially by seizing our vessels laden with provisions, a proceeding which they may perhaps justify by one of the articles of the treaty, are such circumstances as may induce us to pause awhile, in order to examine whether it is proper, immediately and without having obtained any explanation thereon, to adopt the resolution on the table, and to pass, at present, all the laws necessary to carry the treaty into effect.

The eighteenth article of the treaty, the provision article, as it is called, has already been fully investigated by a gentleman from Virginia, Mr. Nicholas, and I have been astonished that those gentlemen who have spoken in favor of the treaty have given no direct answer to his remarks on that point. The second clause of that article declares that "whenever provisions, becoming contraband according to the existing laws of nations, shall for that reason be seized; the same shall not be confiscated, but the owners indemnified." This clause of the article does not contemplate provisions or other articles not generally contraband, when attempted to be carried to a besieged place; for the third clause of the same article provides for the last mentioned case, and declares, "that a vessel thus laden and sailing for a besieged place shall not be detained, nor her cargo, if not contraband, confiscated, unless after notice she shall again attempt to enter;" which implies, that in case of notice thus given, provisions may be confiscated, whilst the provisions contemplated in the second clause are not to be confiscated. It is, therefore, admitted by that article, that there are cases other than that of provisions and other articles not generally contraband, carried to a beseiged place, in which those provisions and articles may be regarded as contraband. It is admitting a principle unknown to the laws of nations, infringing our neutrality, destructive of our trade, and liable to every misconstruction. The British have shown what they meant by provisions becoming contraband according to the existing laws of nations, when they have taken our vessels laden with provisions, and given us an indemnification, of ten per centum. So immediately connected is that proceeding of the British with this article, that even the gentleman from Connecticut, Mr. Hillhouse, could not separate them in his own mind; and when speaking of the indemnification we are to obtain in such cases, as are contemplated by the article, he repeatedly called it "ten per centum;" thinking only of the compensation, given by the British in the case before mentioned, as one contemplated in the article, since the words

still held over us, is in my opinion a dereliction of national interest, of national honor, of national independence.

ten per centum are not to be found in the clause | itself. It is not, however, material at present to decide whether a fair construction of the article justifies the conduct of the British or not. But it is said, that war must be the conseThe fact is uncontroverted; they still continue quence of our delaying to carry the treaty into to impress our seamen and to capture our ves-effect. Do the gentlemen mean, that if we resels. If they pretend to justify this conduct by the treaty, it becomes necessary to obtain an explanation of the doubtful articles; if there is nothing in the treaty to justify it, their acts are acts of hostility and an infraction of the treaty; and, even according to the doctrine of those gentlemen who think that in common cases the House has no discretion, the treaty once broken by one party is no longer binding on the other; and it is the right as well as the duty of this House not to proceed to pass the laws necessary | to carry it into effect, until satisfactory assurances are obtained that these acts shall cease, and until Great Britain has evinced a friendly disposition towards us.

ject the treaty, if we do not accept the reparation there given to us, in order to obtain redress, we have no alternative left but war? If we must go to war in order to obtain reparation for insults and spoliations on our trade, we must do it, even if we carry the present treaty into effect; for this treaty gives us no reparation for the aggressions committed since it was ratified, has not produced a discontinuance of those acts of hostility, and gives us no security that they shall be discontinued. But the arguments of those gentlemen, who suppose that America must go to war, apply to a final rejection of the treaty, and not to a delay. I do not propose to refuse the reparation offered by the treaty, and to put up with the aggressions committed; I have agreed, that that reparation, such as it is, is a valuable article of the treaty; I have agreed, that, under the present circumstances, a greater evil will follow a total rejection of, than an acquiescence in the treaty. The only measure, which has been mentioned, in preference of the one now under discussion, is a suspension, a postponement whilst the present spoliations continue, in hopes to obtain for them a similar reparation, and assurances that they shall cease.

But is it meant to insinuate that it is the final intention of those, who pretend to wish only for a postponement, to involve this country in a war? There has been no period during the present European war, at which it would not have been equally weak and wicked to adopt such measures, as must involve America in the contest, unless forced into it for the sake of self-defence; but, at this time, to think of it would fall but little short of madness. The whole American nation would rise in opposition to the idea; and it might at least have been recollected, that war cannot be declared, except by Congress, and that two of the branches of government are sufficient to check the other in any supposed attempt of this kind.

Whatever evils may follow a rejection of the treaty, they will not attend a postponement. To suspend our proceedings will not throw us into a situation which will require new negotiations, new arrangements on the points already settled and well understood by both parties. It will be merely a delay, until an explanation of the late conduct of the British towards us may be obtained, or until that conduct may be altered. If, on the contrary, we consent to carry the treaty into effect, under the present circumstances, what will be our situation in future? It is by committing the most wanton and the most unprovoked aggressions on our trade; it is by seizing a large amount of our property as a pledge for our good behavior, that Great Britain has forced the nation into the present treaty. If by threatening new hostilities, or rather by continuing her aggressions, even after the treaty is made, she can force us also to carry it into effect, our acquiescence will be tantamount to a declaration that we mean to submit in proportion to the insults that are offered to us; and this disposition being once known, what security have we against new insults, new aggressions, new spoliations, which probably will lay the foundation of some additional demands on the part of the aggressor, and of some additional sacrifices on ours? It has been said, and If there is no necessity imposed upon America said with truth, that to put up with the indig- to go to war, if there is no apprehension she nities we have received without obtaining any will, by her own conduct, involve herself in reparation, which will probably be the effect one, the danger must arise from Great Britain, of defeating the treaty, is highly dishonorable and the threat is, that she will make war to the nation. In my opinion it is still more so against us if we do not comply. Gentlemen not only tamely to submit to a continuation of first tell us that we have made the best possible these national insults, but while they thus con- bargain with that nation; that she has conceded tinue uninterrupted, to carry into effect the in- | every thing, without receiving a single iota in strument we have consented to accept as a re-return, and yet they would persuade us, that paration for former ones. When the general conduct of Great Britain towards us from the beginning of the present war is considered; when the means by which she has produced the treaty are reflected on, a final compliance on our part while she still persists in that conduct, whilst the chastening rod of that nation is

she will make war against us in order to force us to accept that contract so advantageous to us, and so injurious to herself. It will not be contended, that a delay, until an amicable explanation is obtained, could afford even a pretence to Great Britain for going to war; and we all know that her own interest would prevent

her. If another campaign takes place, it is ac- | knowledged, that all her efforts are to be exerted against the West Indies. She has proclaimed her own scarcity of provisions at home, and she must depend on our supplies to support her armament. It depends upon us to defeat her whole scheme, and this is a sufficient pledge against open hostility, if the European war continues. If peace takes place, there will not be even the appearance of danger; the moment when a nation is happy enough to emerge from one of the most expensive, bloody and dangerous wars in which she ever has been involved, will be the last she would choose to plunge afresh into a similar calamity.

States, from one end of the continent to the other, are strongly attached to their constitution; they would restrain and punish the excesses of any party, of any set of men in government, who would be guilty of the attempt; and on them I will rest as a full security against every endeavor to destroy our union, our constitution, or our government.

But although I am not afraid of a dissolution, I feel how highly desirable is a more general union of sentiment; I feel the importance of an agreement of opinion between the different branches of government, and even between the members of the same branch. I would sacrifice much to obtain that object; it has been one of the most urging motives with me to be in favor, not of a rejection, but only of a suspension, of a delay. But even, as a matter of opinion, it is difficult to say, which mode of

the general sentiments of the people. So far as relates to the petitions before us, the number of signatures against the treaty, exceeds, at the moment I am speaking, the number of those in favor of the treaty. Amongst the last, some have come from one part of the Union, where, it seems, both from the expressions in the petition itself, and from the proceedings there, that a great inducement in the petitioners to sign, was a wish to carry the treaty with Spain into effect, as they appear to suppose that its fate depends upon that of the British Treaty. How they would act upon the British treaty alone, and unconnected with the other, I do not know, nor have I any evidence which enables me to form an opinion thereon. All I know is, that until the Spanish treaty was made, they were perfectly silent on the subject of the other treaty, and never expressed an opinion upon it alone.

But to the cry of war, the alarmists do not fail to add that of confusion; and they have declared, even on this floor, that if the resolution is not adopted, government will be dissolved. Government dissolved in case a post-proceeding in this House, will best accord with ponement takes place! The idea is too absurd to deserve a direct answer. But I will ask those gentlemen, by whom government is to be dissolved? Certainly not by those who may vote against the resolution; for although they are not perhaps fortunate enough to have obtained the confidence of the gentlemen who voted against them, still it must be agreed, that those who succeed in their wishes, who defeat a measure they dislike, will not wish to destroy that government, which they hold so far in their hands as to be able to carry their own measures. For them to dissolve government, would be to dissolve their own power. By whom, then, I again ask, is the government to be dissolved? The gentlemen must answerby themselves or they must declare, that they mean nothing but to alarm. Is it really the language of those men, who profess to be, who distinguish themselves by the self-assumed appellation of friends to order, that if they do not succeed in all their measures, they will overset government-and have all their professions been only a veil to hide their love of power, a pretence to cover their ambition? Do they mean, that the first event, which shall put an end to their own authority, shall be the last act of government? As to myself, I do not believe that they have such intentions; I have too good an opinion of their patriotism to allow myself to admit such an idea a single moment; but I think myself justifiable in entertaining a belief, that some amongst them, in order to carry a favorite, and what they think to be an advantageous measure, mean to spread an alarm which they do not feel; and I have no doubt, that many have contracted such a habit of carrying every measure of government as they please, that they really think that every thing must be thrown into confusion, the moment they are thwarted in a matter of importance. I hope that experience will in future cure their fears. But, at all events, be the wishes and intentions of the members of this House what they may, it is not in their power to dissolve the government. The people of the United

True it is, that an alarm, which has produced a combination, has lately taken place amongst the merchants of this and some other seaports. What effect it will have, and how successful they will eventually be, in spreading this alarm amongst the people at large, I cannot tell; but there are circumstances accompanying their petition, which, in my opinion, much diminish the weight they otherwise might have had. They have undoubtedly a right to petition upon every public measure where they think themselves interested, and their petitions deserve equal regard with those of their fellowcitizens throughout the United States. But, on this occasion, in order to create an alarm, in order to induce the people to join them, in order to force the House to pass the laws relative to the treaty, they have formed a dangerous combination, and affected to cease insuring vessels, purchasing produce, and transacting any business. A gentleman from New York, Mr. Williams, has been so much alarmed himself, that he has predicted a fall in the price of every kind of produce, and seems indeed to have supposed that the clamors of a few individuals here, would either put an end to, or satisfy the wants of those nations, which depend on us for

supplies of provisions. Yet, it has so happened, | House to carry the treaty into effect immeand it is a complete proof that the whole is diately, and notwithstanding the continued agonly an alarm, that whilst we have been de-gressions of the British, if their will was fairly bating, the price of flour, which was of very dull sale two weeks ago, has risen in equal proportion with the supposed fears of the purchasers. I cannot help considering the cry of war, the threats of a dissolution of government, and the present alarm, as designed for the same purpose, that of making an impression on the fears of this House. It was through the fear of being involved in a war, that the negotiation with Great Britain originated; under the impression of fear, the treaty has been negotiated and signed; a fear of the same danger, that of war, has promoted its ratification; and now, every imaginary mischief, which can alarm our fears, is conjured up, in order to deprive us of that discretion, which this House thinks they have a right to exercise, and in order to force us to carry the treaty into effect.

If the people of the United States wish this

and fully expressed, I would immediately acquiesce; but since an appeal has been made to them, it is reasonable to suspend a decision until their sentiments are known. Till then I must follow my own judgment; and as I cannot see that any possible evils will follow a delay, I shall vote against the resolution before the committee, in order to make room, either for that proposed by my colleague, Mr. Maclay, or for any other, expressed in any manner whatever, provided it embraces the object I have in view, to wit, the suspension of the final vote-a postponement of the laws necessary to carry the treaty into effect, until satisfactory assurances are obtained, that Great Britain means, in future, to show us that friendly disposition, which it is my earnest wish may at all times be cultivated by America towards all other nations.

JAMES HILLHOUSE.

THE Rev. James Hillhouse, the first of the family who emigrated to America, was a native of Londonderry, Ireland, where he was born in 1687. He was educated at the University of Glasgow. On the decease of his father and the descent of the family estate to his eldest brother, he sailed for New England, arriving there some time previous to 1720. Two years after he was installed the first pastor of the second church in New London, Connecticut. He is spoken of as "a great proficient in human and divine learning, of a true magnanimity, bearing all the troubles of life with a patient resignation to the will of God." After spending many years in great usefulness, "declaring his dependence on the veracity of Christ's promises, that he had experienced, and commending his soul to God, he fell asleep" on the fifteenth of December, 1740.

This eminent divine, a short time after his installation, married Mary Fitch, one of his parishioners, and was blessed with two sons, William and James Abraham.* William, the eldest, was born in 1728, and became noted in the public service of his native State. During the war of the Revolution, he served as a major in the second regiment of horse raised by Connecticut, was a member of the State Council and Legislature, for many years was a judge of the county court, and held other offices of trust and honor.

His son James, the subject of the present sketch, was born at Montville, in New London county, on the twenty-first of October, 1754. When quite a youth he was adopted by his uncle, James Abraham Hillhouse, and removed to New Haven, where he received his education. In 1773, after leaving college, he entered the office of his uncle and commenced the study of the law. Two years afterward this uncle died, and young Hillhouse succeeded, in a great measure, to his extensive business. Respecting this period of his life, little is known. About this time he manifested an ardent desire to enter the service of his country as a soldier, and "was prevented from accompanying Arnold in his memorable expedition to Quebec, only by the absolute interdict of those friends whose will he was bound to respect."

In the early part of July, 1779, the town of New Haven was invaded by the British under General Tryon. When the information that the enemy was landing at West Haven reached the town, a great number of the inhabitants fled to the neighboring hills. Some remained, hoping to escape any molestation by staying quietly in their houses, while a large number prepared themselves to meet the enemy and harass them as much as possible. Mr. Hillhouse was among the latter. He commanded a small company of young men, some of whom were students of

* James A. Hillhouse was born on the 12th of May, 1780. He was educated at Yale College, where he graduated in 1749. He was soon after chosen to the office of a tutor in that institution, and held that position for six years, with the highest approbation and esteem. Here he became an intimate associate of the celebrated Ezra Stiles. He settled in New Haven, and appeared at the bar "where his powers of reasoning and eloquence excited general admiration. In 1792, he was elected a member of the Council of the State of Connecticut, and in this department was eminent for his abilities and integrity. Anxious for the liberties of his country, he firmly opposed, in the spirit of true patriotism, ministerial tyranny on the one hand, and lawless anarchy on the other. His Christian life and conversation were truly exemplary, and he was adorned with the graces of meekness, charity and humility." He died on the third of October, 1775: his wife survived him and died in July, 1822.-Holmes' Life of Ezra Stiles: Connecticut Historical Collections: Caulkins' History of New London.

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