Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
The gentleman from Virginia had confined the complaints of the French
Government to three articles of the British Treaty; though, if the
committee referred to the letter of Mr. Delacroix, it would be found
that they did not confine them within so narrow a compass. They
complain, first, of the inexecution of treaties; there are several
points of complaint relative to that head. 2d. Complaints against the
decrees of our Federal Courts. 3d. Against the law of June, 1794; and,
4th. Against the Treaty with Great Britain. Yet the gentleman confines
himself altogether to the latter. And really he did not expect at this
time of day, after the subject had been fully discussed, and determined,
and the objections refuted over and over again, that any gentleman would
have endeavored to revive and prove their complaints on this head well
founded. The three articles were: 1st, that free ships did not make free
goods; 2d, the contraband article; and 3d, the provision article.
1. The stipulation with respect to neutral vessels not making neutral
goods in the British Treaty, was not contrary to the law of nations; it
only provided that the law of nations was to be carried into effect in
the manner most convenient for the United States. But this doctrine, he
said, was no new thing. It had been acknowledged most explicitly by Mr.
Jefferson, Secretary of State, in July, 1793, and was so declared to the
Minister of France; yet no objection was made to it until the British
Treaty was ratified, though long previous thereto French property was
captured on board our vessels. Mr. Jefferson, writing on this subject to
the French Minister, said: "You have no shadow of complaint;" the thing
was so perfectly clear and well understood by the law of nations. This
happened as long ago as July or August, 1793. But two years afterwards,
when the British Treaty was promulgated, the whole country was thrown
into a flame by admitting this very same doctrine. France herself had
always acted under this law of nations, when not restrained by treaty:
in _Valin's_ Ordinances of France this clearly appears. The armed
neutrality was confined to the then existing war; Russia herself, the
creator of the armed neutrality, entered into a compact with England, in
1793, expressly contravening its principles. The principle was then not
established by our Treaty with England; but such being the acknowledged
law of nations, it was merely stipulated that it should be exercised in
the manner least injurious to us.
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