a discrimnating duty of ten per cent. in favor of their own vessels. We might, according to the principles of that act, have done the same, as a countervailing measure, in favor of our own navigation; but as, notwithstanding the duty of ten per cent., our own navigation continued to enjoy almost the whole of the trade between Holland and the United States, nothing further was done, and the vessels of Holland were allowed to enter our ports on the same terms with our own. This was before the separation of Belgium from Holland; but after that separation, on the vessels of Belgium presenting themselves for the first time in our ports, a discriminating duty was demanded of them, although none was demanded from Dutch ships. As this seemed, a hardship, the present bill has been introduced, in order to put Belgian vessels on the same footing with those of Holland. A proviso, however, was inserted in the bill, empowering the President, whenever circumstances should, in his opinion, render it expedient, to enforce the act of 1824 against both Dutch and Belgian vessels. Mr. CLAY further explained the case, confirming the statements made by Mr. BUCHANAN, of whom, however, he inquired whether information had been obtained by him as to the present proportion between Dutch and American navigation employed in the trade with Holland, as, in 1835, it appeared that the Dutch were rather gaining upon us. Mr. BUCHANAN replied that he had not, but would make the inquiry at the Department, and have the facts ready by to-morrow. The bill was then reported to the Senate, and ordered to its third reading. WEDNESDAY, February 15. The bill respecting the discriminating duties on Dutch and Belgian vessels and their cargoes coming up on its passage [FEBRUARY, 1837. In 1834, the Dutch tonnage was 1,651 tons. 66 Mr. CLAY said that, when we saw, for three successive years, a regular diminution of American tonnage, and a regular increase of the competing foreign tonnage, there could be no doubt that both results proceeded from a common cause. The act of 1824 proceeded on the principle of entire and perfect reciprocity. That principle had been departed from by the Government of Holland, while Belgium was in union with Holland. There was much reason to believe that the present relative condition of the navigation of America and of Holland was the result of that departure. Under those circumstances, it seemed that, though the Senate could not well refuse to pass the present bill, which did nothing but put Holland and Belgium on the same footing, the Executive was bound to enforce the provisions of the act of 1824 to both Governments. He trusted this would be done. Mr. DAVIS, who had not been present when the bill was introduced, was desirous that the bill should lie over for one day, in order that he might have an opportunity to look a little into the returns stating the existing condition of the trade, with a view of judging of the true cause of the present state of things. Possibly this act might be construed as an evidence that this Government was prepared to extend the relaxation of the provisions of the act of 1824, though he was very sure the Senator who introduced the bill had no such intention. Mr. BUCHANAN concurred in the views expressed by the Senator from Kentucky, and explained that the proviso in this bill had been introduced with an express view to enable the President to apply the provisions of the act of 1824 to both Holland and Belgium. Mr. CUTHBERT contended that the true standard by which to judge of the existing indulgence to Holland, was not the immediate effect of it on the comparative navigation of the two countries, but its effect as an example and a precedent, which was likely to induce other nations to pursue the same course which had been adopted by the Dutch Government. The bill was passed. SATURDAY, February 18. Mr. BUCHANAN said that, when this bill was before the Senate yesterday, he had promised to ascertain from the Department the comparative state of the Dutch and American tonnage, as employed in the Holland trade during the past year. He had done so; and it appeared from the result that the amount of Dutch tonnage was increasing rapidly on the American. He did not know whether this was owing to the discriminating duty imposed by the Dutch Governmentin favor of their own vessels in Dutch ports, or not; but if such was the fact, then the provisions of the act of 1824 should be promptly applied by the Executive. Mr. B. then read the following statement: In the year 1834, the amount of American On motion of Mr. ROBBINS, the joint resolutonnage in this trade was (in round num-tion authorizing the purchase of the manubers) 17,000 tons. scripts of the late President Madison, was 15,000 8,500 In 1835, In 1836, Mr. BENTON presented the credentials of Hon. LEWIS F. LINN, re-elected a Senator of the United States from the State of Missouri, for six years from and after the 4th of March next. Papers of Mr. Madison. taken up and considered. Mr. ROBBINS said: I consider this work of while the amounts of Dutch tonnage, on the Mr. Madison, now proposed to be given to the contrary, had proportionably diminished. world under the patronage of this Government, FEBRUARY, 1837.] Papers of Mr. Madison. [SENATE, as the most valuable one to mankind that has | is the rarest of all the gifts of God to man, and appeared since the days when Bacon gave to which, whenever and wherever it appears, the world his Novum Organon. That produced seems destined to produce an era in human that revolution in analytics, which has produced affairs; a faculty of combining into a whole, the immense superiority of the moderns over where the elements to be combined are so the ancients in the knowledge of nature, and various as to be almost infinite; a whole perin the improvement of the condition of human fect in relation to all its parts, and its parts life-the fruit of that knowledge. With Bacon perfect in relation to the whole. Besides, the it was a mere theory; a theory, however, perfect model of the free government is not which he fondly cherished, and confidently like the perfect model of any other science. believed would be prolific, as it has been, of Of every other science, the perfect model anythe most magnificent results; but in the hands where is the perfect model everywhere, and of Newton, and of his other disciples and fol- everywhere alike perfect. The perfect watch lowers, it became a practical guide to those at Washington, for instance, is the perfect watch astonishing discoveries which, in their conse- at Canton, and so all over the globe; but not so quences, have, among other things, converted the perfect model of the free government: that, those elements of nature before supposed to be, though the principles are the same everywhere, only to be controlled by the same almighty the form varies as the circumstances vary, of hand which formed them, into the ministers the people by whom it is established; to which and agents of man, obedient to his will, and circumstances it must always be adjusted and subservient to his use. It has enabled man to made to conform. draw the veil from the face of nature; to inspect her mechanism; and to avail himself of her principles for the augmentation of his own power. It has given him power after power; and is still going on to give him power upon power, as his researches go on in exploring her boundless fields, and in making discovery upon discovery; and to this growing increase of human power, no human being can now assign the possible limits. True, it has not enabled man, as it was fabled of him by the poets of old, to steal the fire from the heavens; but it has enabled him to do more and better-it has enabled him to become an humble pupil in the school of the Divine Artist; and, by studying his models, to copy his agencies, though at the immeasurable distance which separates a finite from the infinite being. As this Organon of Bacon has been the beacon-light to mankind to guide him to the true philosophy, and to the improvement of his physical condition, so will this work of Madison, as I trust and predict, be his beaconlight to guide him to the true science of free government, and to the improvement of his political condition. The science of free government, the most difficult of all the sciences, by far the most difficult, whilst it is the most important to mankind; of all the slowest in growth, the latest in maturity. Not the science which has penetrated the causes and explained to mankind the phenomena of the heavens is so difficult; that has been found of easier and more rapid attainment. Indeed, the difficulties to be overcome in evolving this science are so great, that we are to wonder less at its tardy advances, than at its final success. In the first place, it requires the deepest and most perfect insight into the nature of man: of man not only in his general nature, but as modified by society; which everywhere has superinduced and clothed him with a second nature, denominated habit; and that as diversified as the countries he inhabits. Then it requires that faculty of comprehensive combination, which VOL. XIII.-13 Here, with us, the difficulties to be overcome in this achievement, from the nature of the elements to be combined, were stupendously great. In looking back to those difficulties, that they were overcome at all appears to me now little less than a prodigy; and it still fills me with astonishment. For here a combination was required that would produce a structure, perfectly anomalous in the history of human Governments; and such a structure was produced, and as perfect as it was novel. Here were a people, spread and spreading over a vast territory-that stretching and to stretch almost from the rising to the setting sun-this scattered and countless multitude were to be ruled in freedom as one people, and by the popular will-that will to be uncontrolled in itself, and controlling every thing. Such an achievement, the most enlightened friends of freedom and human rights, in all countries and in all ages, had deemed to be morally and physically impossible. Besides, here were thirteen States, and all the other States to be formed out of that vast territory, without being destroyed as States, to be so combined as to form, in the general aspect, but one simple Government; with all the unity and energy of one simple Government; powerful alike to assert and maintain all their rights as a nation, against all other nations; and the rights of every individual, all over this boundless domain, against every aggressor; that is, a Government equally fitted and efficient for all the purposes of peace and war. Such an achievement, often before, and under much more favorable circumstances, because upon a much more limited scale, had been attempted, but never before accomplished; as is but too well attested by the histories and the destinies of all the confederacies that before had ever existed on the earth. Those confederacies had all proved signal failures as effective Governments, both in war and peace; and entirely for the want of that form of structure and principle of combination. SENATE.] The United States and Mexico-Redress to be Demanded. [FEBRUARY, 1837. that would reconcile absolute sovereignty in | No; it stands peerless on the earth, and alone the nation with sovereignty in the States, as parts of one nation—as consistent and harmonious parts of one supreme sovereignty. This principle, unexplored and unknown before, was developed and displayed, most happily so, in the structure of our confederate and national republic. in glory. Though it can never be a contest whose name is to do the most honor to our country, and, more than all others, to carry her name, associated with his, and emblazoned by his, down through all the endless generations of mankind to follow, for all the endless ages of time to come, yet among the names to cluster around his, and to form the constellation (may it multiply to a galaxy) of American This work now proposed to be published will unfold to us all the steps of that diversified analysis and discovery which lead to this hap-worthies, not one will ever shine with a purer, py and splendid result. Those who think (if any think) that the result itself-namely, the constitution-of itself and by itself, will be enough for the instruction of mankind on this subject, are much mistaken. For there is a vast difference between the knowledge which is acquired analytically, and that which is acquired synthetically; the latter is but isolated knowledge; the former is knowledge that is the consequence of other knowledge. Synthesis gives to us a general truth, but acquired in a mode that is barren of other fruit; analysis not only gives to us the same general truth, but puts us on the track of invention and discovery, and is always fertile of other and often of better fruit; synthesis carries us to a fountain-head, but never beyond; but analysis carries us beyond, and to the fountain of that fountain; it places us upon an eminence that overtops and overlooks the general truth in the wide survey it commands and gives to us; and as to that general truth, it enables us not only to comprehend it more perfectly, but to apply it more successfully. This is at once a branch and the great instrument of that primal philosophy of which Bacon speaks, and whose cultivation he so highly recommends-the philosophy of philosophy; the common mother of all the sciences, and by which alone their boundaries can be extended. He compares it to the Berecynthia, whom the poets of old fabled to be the mother of all the gods: "Omnes cælicolas, omnes supera alta Tenentes." Of such is the nature, and such will be the fruits to mankind, of the work now proposed to be given to the world. Further to awaken our sensibility on this subject, I need not remind the Senate how much we owe to a name that is to render the name of this country respectable in every other on this globe; the clarum et venerabile nomen. Nations have lived upon the earth who have become extinct, and been lost to the memory of mankind; but never when the clarum et venerabile nomen had illustrated their annals. The clarum et venerabile nomen is the true elixir of national immortality. What has this country, what can she ever have, that would be an equivalent to her in exchange for the name of her Washington? that star of stars in the diadems that sparkle on the brow of nations? Not the diadem that sparkles on the brow of Greece; not the diadem that sparkles on the brow of Rome, has one of equal brilliancy. with a brighter, or more inextinguishable lustre than that of Madison. If, then, this appropriation was merely to express a nation's gratitude to a nation's benefactor, it would be the least it would become her to make. But, besides that, we are to consider that it is to purchase for this country, and for mankind, a treasure of instruction, whose value no money can measure, no figures can express. Mr. CALHOUN had listened with pleasure and delight to the venerable gentleman from Rhode Island, (Mr. ROBBINS,) and he coincided in opinion with him, that we were indebted to Mr. Madison, at least as much as to any other man, for the form of government under which we live. Indeed, he might be said to have done more for our institutions than any man now living, or that had gone before him. A great and efficient aid he was, undoubtedly, in forming the Government. But there was another great act which would immortalize him in the eyes of posterity-the profound and glorious views which he took of our Government in his celebrated Virginia report. In his opinion, that was by far the ablest document that issued from the pen of Mr. Madison-one from which Mr. C. had derived more information, and a profounder insight into our Government, than all the other documents he had perused. Now, if he understood the object in view, it was in direct opposition to the great and fundamental principles of Mr. Madison himself, an adherence to which he (Mr. C.) solemnly believed, would give durability to the Government under which we were now living. He wished at some other time (as he was not prepared at this time) to be heard on the subject, when he would endeavor to satisfy the Senate that, in giving our assent to the appropriation asked for, we should not honor the name of Madison. Mr. C. would postpone what he had to say until the third reading of the resolution; and, in the mean time, Senators would have an opportunity of coming to a full understanding of the subject. The resolution was ordered to be engrossed for a third reading. The United States and Mexico-Redress to be Demanded. Mr. BUCHANAN, from the Committee on Foreign Relations, presented the following report: The Committee on Foreign Relations, to whom FEBRUARY, 1837.] The United States and Mexico-Redress to be Demanded. was referred the message of the President of the United States of the 6th instant, with the accompanying documents, on the subject of the present state of our relations with Mexico, report: That they have given to this subject that serious and deliberate consideration which its importance demands, and which any circumstances calculated to interrupt our friendly relations with the Mexican republic would necessarily insure. From the documents submitted to the committee, it appears that, ever since the revolution of 1822, which separated Mexico from Spain, and even for some years before, the United States have had repeated causes of just complaint against the Mexican authorities. From time to time, as these insults and injuries have occurred, demands for satisfaction and redress have been made by our successive public ministers at the city of Mexico; but almost all these demands have hitherto proved unavailing. It might have been expected that, after the date of the treaty of amity, commerce, and navigation, concluded between the two republics on the fifth day of April, one thousand eight hundred and thirty-one, these causes of complaint would have ceased to exist. That treaty so clearly defines the rights and the duties of the respective parties, that it seems almost impossible to misunderstand or to mistake them. The committee, notwithstanding, regret to be compelled to state that all the causes of complaint against Mexico, which have been specially noticed in the correspondence referred to them, have occurred since the conclusion of this treaty. [SENATE. the treaty with Mexico, in all cases to which it may be applicable. This article provides that "if (what, indeed, cannot be expected) any of the articles contained in the present treaty shall be violated or infracted in any manner whatever, it is stipulated that neither of the contracting parties will order or authorize any acts of reprisal, nor declare war against the other, on complaint of injuries or damages, until the said party considering itself offended shall first have presented to the other a statement of such injuries or damages, verified by competent proofs, and demanded justice and satisfaction, and the same shall have been either refused or unreasonably de layed." After such a demand, should prompt justice be refused by the Mexican Government, we may appeal to all nations, not only for the equity and moderation with which we shall have acted towards a sister republic, but for the necessity which will then compel us to seek redress for our wrongs, either by actual war or by reprisals. The subject will then be presented before Congress at the commencement of the next session, in a clear and distinct form, and the committee cannot doubt but that such measures will be immediately adopted as may be necessary to vindicate the honor of the country, and insure ample reparation to our injured fellow-citizens. They leave the mode and manner of making this demand to the President of the United States. Before concluding their report, the committee deem it necessary to submit a few remarks upon the conduct of Mr. Gorostiza, the late envoy extraordinary and minister plenipotentiary of the Mexican republic to the United States. In regard to that functionary, they concur fully in opinion with Mr. Forsyth, that he was under the influence of prejudices which distorted and discolored every object which he saw, whilst in this country. On the 15th of October, 1836, he terminated his mission by demanding his passports. And for what reason? Because the President refused to recall the orders which he had We forbear from entering into any minute detail of our grievances. The enumeration of each individual case, with its attendant circumstances, even if the committee were in possession of sufficient materials to make such a compilation, is rendered unnecessary, from the view which they have taken of the subject. These cases are all referred to in the document No. 81, entitled "Claims on Mexico," in the letter of instructions from Mr. Forsyth to Mr. Ellis, of the 20th of July, 1836, and in the subse-issued to the general commanding the forces of the quent correspondence between Mr. Ellis and Mr. Monasterio, the acting Mexican Minister of Foreign Affairs. If the Government of the United States were disposed to exact strict and prompt redress from Mexico, your committee might, with justice, recommend an immediate resort to war, or reprisals. On this subject, however, they give their hearty assent to the following sentiments, contained in the message of the President. He says: "The length of time since some of the injuries have been committed, the repeated and unavailing applications for redress, the wanton character of some of the outrages upon the property and persons of our citizens, and upon the officers and flag of the United States, independent of recent insults to this Government and people by the late extraordinary Mexican minister, would justify, in the eyes of all nations, immediate war. That remedy, however, should not be used by just and generous nations, confiding in their strength, for injuries committed, if it can be honorably avoided; and it has occurred to me that, considering the present embarrassed condition of that country, we should act with both wisdom and moderation, by giving to Mexico one more opportunity to atone for the past, before we take redress into our own hands." In affording this opportunity to the Mexican Government, the committee would suggest the propriety of pursuing the form required by the 34th article of United States in the vicinity of Texas, directing him to pass the frontier, should it be found a necessary measure of self-defence; but prohibiting him from pursuing this course unless the Indians were actually engaged in hostilities against the citizens of the United States, or he had undoubted evidence that such hostilities were intended, and were actually preparing within the Mexican territory. A civil war was then raging in Texas. The Texian troops occupied positions between the forces of Mexico and the warlike and restless tribes of Indians along the frontiers of the United States. It was manifest that Mexico could not possibly restrain by force these tribes within her limits from hostile incursions upon the inhabitants of the United States, as she had engaged to do by the 33d article of the treaty. No matter how strong may have been her inclination, the ability was entirely wanting. Under such circumstances, what became the duty of the President of the United States? If he entertained reasonable apprehensions that these savages meditated an attack from the Mexican territory against the defenceless citizens along our frontier, was he obliged to order our troops to stand upon the line, and wait until the Indians, who know no rule of warfare but indiscriminate carnage and plunder, should actually invade our territory? To state the proposition is to answer the question. Under such circumstances, our forces had a right, both by the law of SENATE.] Papers of Mr. Madison. nations and the great and universal law of self-defence, to take a position in advance of our frontier, in the country inhabited by these savages, for the purpose of preventing and restraining their incursions. The Sabine is so distant from Washington that it became absolutely necessary to intrust this discretionary power to the commanding general. If the President had not issued such orders in advance, all the evils might have been inflicted before the remedy could have been applied; and in that event he would have been justly responsible for the murders and devastation which might have been committed by the Mexican Indians on citizens of the United States. When these discretionary orders were issued to General Gaines, they were immediately communicated to Mr. Gorostiza, in the most frank and friendly spirit. The fullest explanations of the whole proceeding were made to him, and he was over and over again assured that this occupation of the Mexican territory, should it become necessary, would be of a limited, temporary, and purely defensive character, and should continue no longer than the danger existed; that the President solemnly disclaimed any intention of occupying the territory beyond the Sabine, with the view of taking possession of it as belonging to the United States; and that this military movement should produce no effect whatever upon the boundary question. [FEBRUARY, 1837, departure. This letter, with the President's message at the commencement of the present session of Congress, cannot fail to convince the Mexican Government how much they have been misled by the representations of their minister. After a full consideration of all the circumstances, the committee recommended the adoption of the following resolution: Resolved, That the Senate concur in opinion with the President of the United States, that another demand ought to be made for the redress of our grievances from the Mexican Government, the mode and manner of which, under the 34th article of the treaty, so far as it may be applicable, are properly confided to his discretion. They cannot doubt, from the justice of our claims, that this demand will result in speedy redress; but should they be disappointed in this reasonable expectation, a state of things will then have occurred which will make it the imperative duty of Congress promptly to consider what further measures may be required by the honor of the nation and the rights of our injured fellow-citizens. Ordered, That 2,000 extra copies of the above report be printed. And then the Senate adjourned. MONDAY, February 20. Among the memorials presented to-day was one by Mr. CLAY from a very large number of persons, who stated themselves to be American authors and friends of literature, calling the attention of Congress to the subject of copyright laws, and expressing an anxious wish that those laws might be so modified as to extend their benefits to foreign authors. Mr. C. further remarked that the evidences in favor of the measure of granting copyrights to foreign authors were so strong as not to leave a doubt on any mind of its favorable reception by the country. Under these circumstances, he said he should call up the bill granting such rights as soon as convenient. The memorial was laid on the table, and ordered to be printed. The committee believe that Mr. Gorostiza ought to have been satisfied with these explanations. But they failed to produce any effect upon his mind. Without instructions from his Government, he retired from his mission upon his own responsibility. This was not all. Before he left the United States he published a pamphlet, containing a portion of his correspondence with our Government and with his own, from which latter it appears that, whilst engaged upon the business of his special mission here, he was making charges of bad faith against the United States to the Mexican Secretary of Foreign Relations. The committee will not enlarge upon the glaring impropriety of such conduct. The publication of such a pamphlet, by a foreign minister, in the country to which he has been accredited, before taking his departure, can be considered in no other light than as an appeal to the people against the acts of their own Government. It was a gross violation of that diplomatic courtesy which ought ever to be observed between independent nations, and deserves the severest condemnation. This act was still more extraordinary when we consider that it almost im-olution: mediately followed the note of Mr. Dickins to him, of the 20th of October, 1836, assuring him that the President would instruct Mr. Ellis to make such explanations to the Mexican Government, of the conduct of that of the United States, as he believed would be satisfactory. The committee regret to learn, from the note of Mr. Ellis to Mr. Forsyth, of the 9th of December last, that the Mexican Government has publicly approved of the conduct of its minister whilst in the United States. They trust that a returning sense of justice may induce it to reconsider this determination. They are willing to believe that it never could have been made, had that Government previously received the promised explanation of the President, contained in the letter of Mr. Forsyth to Mr Ellis of the 10th December, 1836, which, unfortunately, did not reach Mexico until after the latter had taken his Papers of Mr. Madison. The Senate proceeded to the consideration (on its third reading) of the following joint res แ Resolved, &c., That the Joint Committee on the Library be, and they are hereby, authorized and empowered to contract for and purchase, at the sum of Mr. Madison, referred to in a letter from Mrs. Madithirty thousand dollars, the manuscripts of the late son to the President of the United States, dated the six, and communicated in his message of the sixth fifteenth of November, eighteen hundred and thirtyof December, eighteen hundred and thirty-six, conceding to Mrs. Madison the right to use copies of the said manuscript in foreign countries as she may think fit." [A debate took place on this resolution, wholly turning on the constitutionality of the purchase, in which debate Messrs. Calhoun, Preston, Webster, Crittenden, Rives, and Clay, took part.] |