IN THE HOUSE OF REPRESENTATIVES, DECEMBER 3, 1817.

[THE president’s message being under consideration in

committee of the whole, Mr. Taylor moved a series of resolutions,

embracing references of various parts of the message.

The first resolution having been read for consideration, Mr.

Clay (speaker) moved to amend the same by adding to the end

thereof the following words:

‘And that the said committee be instructed to inquire, whether

any, and, if any, what provisions of law are necessary to insure,

to the American colonies of Spain, a just observance of the

duties incident to the neutral relation in which the United

States stand, in the existing war between them and Spain.’]

MR. CLAY said, that his presenting, at so early a period of the

session, this subject to the consideration of the house, was in

consequence of certain proceedings which he had seen represented in

the public prints as having taken place before certain of our courts

of justice. Two or three cases bearing on this subject had come to

his knowledge, which he wished to state to the house. The first had

occurred at Philadelphia, before the circuit court of the United States

held in that city. The circumstances of the case, for which, however,

he did not pretend to vouch, having received them through the channel

already indicated, were these; if they were incorrectly stated, he was

happy that a gentleman had taken his seat this morning from that city,

who would be able to correct him: that nine or ten British disbanded

officers had formed in Europe the resolution to unite themselves

with the Spanish patriots in the contest existing between them and

Spain; that, to carry into effect this intention, they had sailed from

Europe, and in their transit to South America had touched at the port

of Philadelphia; that during their residence in Philadelphia, wearing

perhaps the arms and habiliments of military men, making no disguise

of their intention to participate in the struggle, they took passage

in a vessel bound to some port in South America; that a knowledge

of this fact having come to the ears of the public authorities, or,

perhaps, at the instigation of some agent of the Spanish government,

a prosecution was commenced against these officers, who, from their

inability to procure bail, were confined in prison. If, said Mr. Clay,

the circumstances attending this transaction be correctly stated,

it becomes an imperious duty in the house to institute the inquiry

contemplated by the amendment which I have proposed. That this was

an extraordinary case, was demonstrated by the fact of the general

sensation which it had excited on the subject, in the place where it

had occurred. Filled, as that respectable and populous city is, with

men who differ widely on political topics, and entertaining various

views of public affairs, but one sentiment prevailed on this subject,

which was favorable to the persons thus arraigned. With regard to

the conduct of the court on this occasion, he would say nothing. The

respect which, whilst he had a seat on this floor, he should always

show to every branch of the government, the respect he entertained

for the honorable judge who had presided, forbade him from pronouncing

the decision of that court to have been unwarranted by law. But he

felt himself perfectly sustained in saying, that if the proceeding was

warranted by the existing law, it was the imperious duty of congress

to alter the law in this respect. For what, he asked, was the neutral

obligation which one nation owed to another engaged in war? The essence

of it is this; that the belligerent means of the neutral shall not

be employed in the war in favor of either of the parties. That is the

whole of the obligation of a third party in a war between two others;

it certainly does not require of one nation to restrain the belligerent

means of other nations. If those nations choose to permit their means

to be employed in behalf of either party, it is their business to

look to it, and not ours. Let the conduct of the persons prosecuted

be regarded in the most unfavorable light; let it be considered as the

passage of troops through our country, and there was nothing in our

neutral obligations forbidding it. The passage of troops through a

neutral country, according to his impressions, was a question depending

on the particular interest, quiet, or repose, of the country traversed,

and might be granted or refused at its discretion, without in any

degree affecting the obligations of the neutral to either of the

parties engaged in the controversy. But, surely, this was not a case of

the passage of troops the persons apprehended not being in sufficient

number, nor organized or equipped in such manner, as, under any

construction, to constitute a military corps. On this case he would

detain the house no longer, he said; for he was satisfied they could

not but agree with him, if the law justified the proceeding that had

taken place, that law ought to be immediately amended. Other cases

had occurred, in which it appeared to him it became the congress

to interpose its authority. Persons sailing under the flag of the

provinces had been arraigned in our courts, and tried for piracy;

in one case, after having been arraigned, tried, and acquitted of

piracy, the same individuals, on the instigation of a Spanish officer

or agent, had been again arraigned for the same offence. The gentleman

from Massachusetts would correct him if he was wrong, for the case had

occurred in the town of Boston. We admit the flag of these colonies

into our ports; we profess to be neutral; but if our laws pronounce,

that the moment the property and persons under that flag enter our

ports, they shall be seized, the one claimed by the Spanish minister

or consul as the property of Spain, and the other prosecuted as

pirates, that law ought to be altered, if we mean to perform our

neutral professions. I have brought the subject before this house

thus promptly, because I trust that _in this house_ the cause will

find justice; that, however treated elsewhere, on this floor will be

found a guardian interest attending to our performance of the just

obligations of neutrality. Hitherto, he said, whatever might have

been our intentions, our acts had been all on the other side. From the

proclamation of 1815, issued to terminate an expedition supposed to be

organizing in Louisiana, an expedition only in the mind of Chevalier

de Onis, down to the late act――whether the measure was a proper one

or not, he did not say; his confidence in the executive led him to

suppose it was adopted on sufficient grounds――down to the order for

suppressing, as it was called, the establishments at Amelia Island and

Galveston――all the acts of the government had been on one side; they

all bore against the colonies, against the cause in which the patriots

of South America were arduously engaged. It became us, he said, to look

to the other side, honestly intending neutrality, as he believed we

did. Let us recollect the condition of the patriots; no minister here

to spur on our government, as was said in an interesting, and, it

appeared to him, a very candid work, recently published in this country,

respecting the progress of the South American revolution; no minister

here to be rewarded by noble honors, in consequence of the influence

he is supposed to possess with the American government. No; their

unfortunate case was what ours had been, in the years 1778 and 1779;

their ministers, like our Franklins and Jays at that day, were skulking

about Europe, imploring inexorable legitimacy for one kind look――some

aid to terminate a war afflicting to humanity. Nay, their situation

was worse than ours; for we had one great and magnanimous ally to

recognize us, but no nation had stepped forward to acknowledge any of

these provinces. Such disparity between the parties, demanded a just

attention to the interests of the party which was unrepresented; and

if the facts which he had mentioned, and others which had come to his

knowledge, were correct, they loudly demanded the interposition of

congress. He trusted the house would give the subject their attention,

and show that here, in this place, the obligations of neutrality would

be strictly regarded in respect to South America.

[Mr. Sergeant, of Philadelphia, said the statement made by Mr.

Clay was substantially correct, and, after a few other remarks

by the same gentleman, the amendment moved by Mr. Clay was

agreed to without opposition.]

A Biography of Henry Clay, the Senator from Kentucky Containing Also, a Complete Report of All His Speeches; Selections From His Private Correspondence; Eulogies in the Senate and House; and a Poem, by George D. Prentice, Esq. · 第 54 / 250 题