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 sacrifices on ours?

It has been said, and said with truth, that to put up with the

indignities we have received without obtaining any reparation, which

will probably be the effect of defeating the treaty, is highly

dishonorable to the nation.

In my opinion it is still more so not only tamely to submit to a

continuation of these national insults, but while they thus continue

uninterrupted, to carry into effect the instrument we have consented to

accept as a reparation 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 still held

over us, is in my opinion a dereliction of national interest, of

national honor, of national independence.

But it is said, that war must be the consequence of our delaying to

carry the treaty into effect. Do the gentlemen mean, that if we reject

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 to 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 can not

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.

If there is no necessity imposed upon America to go to war, if there is

no apprehension she will, by her own conduct, involve herself in one,

the danger must arise from Great Britain, and the threat is, that she

will make war against us if we do not comply. Gentlemen first tell us

that we have made the best possible bargain with that nation; that she

has conceded everything, without receiving a single iota in return, and

yet they would persuade us, that 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 acknowledged, 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.

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 postponement takes place! The idea is too absurd to

deserve a direct answer. But I will ask those gentlemen, by whom is

government 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 answer--by 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 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.

If the people of the United States wish this House to carry the treaty

into effect immediately, and notwithstanding the continued aggressions

of the British, if their will was fairly 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.

FISHER AMES,

OF MASSACHUSETTS. (BORN 1758, DIED 1808.)

ON THE BRITISH TREATY, HOUSE OF REPRESENTATIVES, APRIL 28, 1796.

It would be strange, that a subject, which has aroused in turn all the

passions of the country, should be discussed without the interference of

any of our own. We are men, and therefore not exempt from those

passions; as citizens and representatives, we feel the interests that

must excite them. The hazard of great interests cannot fail to agitate

strong passions. We are not disinterested; it is impossible we should be

dispassionate. The warmth of such feelings may becloud the judgment,

and, for a time, pervert the understanding. But the public sensibility,

and our own, has sharpened the spirit of inquiry, and given an animation

to the debate. The public attention has been quickened to mark the

progress of the discussion, and its judgment, often hasty and erroneous

on first impressions, has become solid and enlightened at last. Our

result will, I hope, on that account, be safer and more mature, as well

as more accordant with that of the nation. The only constant agents in

political affairs are the passions of men. Shall we complain of our

nature--shall we say that man ought to have been made otherwise? It is

right already, because He, from whom we derive our nature, ordained it

so; and because thus made and thus acting, the cause of truth and the

public good is more surely promoted.

The treaty is bad, fatally bad, is the cry. It sacrifices the interest,

the honor, the independence of the United States, and the faith of our

engagements to France. If we listen to the clamor of party intemperance,

the evils are of a number not to be counted, and of a nature not to be

borne, even in idea. The language of passion and exaggeration may

silence that of sober reason in other places, it has not done it here.

The question here is, whether the treaty be really so very fatal as to

oblige the nation to break its faith. I admit that such a treaty ought

not to be executed. I admit that self-preservation is the first law of

society, as well as of individuals. It would, perhaps, be deemed an

abuse of terms to call that a treaty, which violates such a principle. I

waive also, for the present, any inquiry, what departments shall

represent the nation, and annul the stipulations of a treaty. I content

myself with pursuing the inquiry, whether the nature of this compact be

such as to justify our refusal to carry it into effect. A treaty is the

promise of a nation. Now, promises do not always bind him that makes

them. But I lay down two rules, which ought to guide us in this case.

The treaty must appear to be bad, not merely in the petty details, but

in its character, principle, and mass. And in the next place, this ought

to be ascertained by the decided and general concurrence of the

enlightened public.

I confess there seems to be something very like ridicule thrown over the

debate by the discussion of the articles in detail. The undecided point

is, shall we break our faith? And while our country and enlightened

Europe, await the issue with more than curiosity, we are employed to

gather piecemeal, and article by article, from the instrument, a

justification for the deed by trivial calculations of commercial profit

and loss. This is little worthy of the subject, of this body, or of the

nation. If the treaty is bad, it will appear to be so in its mass. Evil

to a fatal extreme, if that be its tendency, requires no proof; it

brings it. Extremes speak for themselves and make their own law. What if

the direct voyage of American ships to Jamaica with horses or lumber,

might net one or two per centum more than the present trade to Surinam;

would the proof of the fact avail any thing in so grave a question as

the violation of the public engagements?

Why do they complain, that the West Indies are not laid open? Why do

they lament, that any restriction is stipulated on the commerce of the

East Indies? Why do they pretend, that if they reject this, and insist

upon more, more will be accomplished? Let us be explicit--more would not

satisfy. If all was granted, would not a treaty of amity with Great

Britain still be obnoxious? Have we not this instant heard it urged

against our envoy, that he was not ardent enough in his hatred of Great

Britain? A treaty of amity is condemned because it was not made by a

foe, and in the spirit of one. The same gentleman, at the same instant,

repeats a very prevailing objection, that no treaty should be made with

the enemy of France. No treaty, exclaim others, should be made with a

monarch or a despot; there will be no naval security while those

sea-robbers domineer on the ocean; their den must be destroyed; that

nation must be extirpated.

I like this, sir, because it is sincerity. With feelings such as these,

we do not pant for treaties. Such passions seek nothing, and will be

content with nothing, but the destruction of their object. If a treaty

left King George his island, it would not answer; not if he stipulated

to pay rent for it. It has been said, the world ought to rejoice if

Britain was sunk in the sea; if where there are now men and wealth and

laws and liberty, there was no more than a sand bank for sea monsters to

fatten on; a space for the storms of the ocean to mingle in conflict.

What is patriotism? Is it a narrow affection for the spot where a man

was born? Are the very clods where we tread entitled to this ardent

preference because they are greener? No, sir, this is not the character

of the virtue, and it soars higher for its object. It is an extended

self-love, mingling with all the enjoyments of life, and twisting itself

with the minutest filaments of the heart. It is thus we obey the laws of

society, because they are the laws of virtue. In their authority we see,

not the array of force and terror, but the venerable image of our

country's honor. Every good citizen makes that honor his own, and

cherishes it not only as precious, but as sacred. He is willing to risk

his life in its defence, and is conscious that he gains protection while

he gives it. For, what rights of a citizen will be deemed inviolable

when a state renounces the principles that constitute their security? Or

if his life should not be invaded, what would its enjoyments be in a

country odious in the eyes of strangers and dishonored in his own? Could

he look with affection and veneration to such a country as his parent?

The sense of having one would die within him; he would blush for his

patriotism, if he retained any, and justly, for it would be a vice. He

would be a banished man in his native land. I see no exception to the

respect that is paid among nations to the law of good faith. If there

are cases in this enlightened period when it is violated, there are none

when it is decried. It is the philosophy of politics, the religion of

governments. It is observed by barbarians--a whiff of tobacco smoke, or

a string of beads, gives not merely binding force but sanctity to

treaties. Even in Algiers, a truce may be bought for money, but when

ratified, even Algiers is too wise, or too just, to disown and annul its

obligation. Thus we see, neither the ignorance of savages, nor the

principles of an association for piracy and rapine, permit a nation to

despise its engagements. If, sir, there could be a resurrection from the

foot of the gallows, if the victims of justice could live again, collect

together and form a society, they would, however loath, soon find

themselves obliged to make justice, that justice under which they fell,

the fundamental law of their state. They would perceive, it was their

interest to make others respect, and they would therefore soon pay some

respect themselves, to the obligations of good faith.

It is painful, I hope it is superfluous, to make even the supposition,

that America should furnish the occasion of this opprobrium. No, let me

not even imagine, that a republican government, sprung, as our own is,

from a people enlightened and uncorrupted, a government whose origin is

right, and whose daily discipline is duty, can, upon solemn debate, make

its option to be faithless--can dare to act what despots dare not avow,

what our own example evinces, the states of Barbary are unsuspected of.

No, let me rather make the supposition, that Great Britain refuses to

execute the treaty, after we have done every thing to carry it into

effect. Is there any language of reproach pungent enough to express your

commentary on the fact? What would you say, or rather what would you not

say? Would you not tell them, wherever an Englishman might travel, shame

would stick to him--he would disown his country. You would exclaim,

England, proud of your wealth, and arrogant in the possession of

power--blush for these distinctions, which become the vehicles of your

dishonor. Such a nation might truly say to corruption, thou art my

father, and to the worm, thou art my mother and my sister. We should say

of such a race of men, their name is a heavier burden than their debt.

The refusal of the posts (inevitable if we reject the treaty) is a

measure too decisive in its nature to be neutral in its consequences.

From great causes we are to look for great effects. A plain and obvious

one will be, the price of the Western lands will fall. Settlers will not

choose to fix their habitation on a field of battle. Those who talk so

much of the interest of the United States, should calculate how deeply

it will be affected by rejecting the treaty; how vast a tract of wild

land will almost cease to be property. This loss, let it be observed,

will fall upon a fund expressly devoted to sink the national debt. What

then are we called upon to do? However the form of the vote and the

protestations of many may disguise the proceeding, our resolution is in

substance, and it deserves to wear the title of a resolution to prevent

the sale of the Western lands and the discharge of the public debt.

Will the tendency to Indian hostilities be contested by any one?

Experience gives the answer. The frontiers were scourged with war till

the negotiation with Great Britain was far advanced, and then the state

of hostility ceased. Perhaps the public agents of both nations are

innocent of fomenting the Indian war, and perhaps they are not. We ought

not, however, to expect that neighboring nations, highly irritated

against each other, will neglect the friendship of the savages; the

traders will gain an influence and will abuse it; and who is ignorant

that their passions are easily raised, and hardly restrained from

violence? Their situation will oblige them to choose between this

country and Great Britain, in case the treaty should be rejected. They

will not be our friends, and at the same time the friends of our

enemies.

But am I reduced to the necesity of proving this point? Certainly the

very men who charged the Indian war on the detention of the posts, will

call for no other proof than the recital of their own speeches. It is

remembered with what emphasis, with what acrimony, they expatiated on

the burden of taxes, and the drain of blood and treasure into the

Western country, in consequence of Britain's holding the posts. Until

the posts are restored, they exclaimed, the treasury and the frontiers

must bleed.

If any, against all these proofs, should maintain that the peace with

the Indians will be stable without the posts, to them I urge another

reply. From arguments calculated to produce conviction, I will appeal

directly to the hearts of those who hear me, and ask, whether it is not

already planted there? I resort especially to the convictions of the

Western gentlemen, whether supposing no posts and no treaty, the

settlers will remain in security? Can they take it upon them to say,

that an Indian peace, under these circumstances, will prove firm? No,

sir, it will not be peace, but a sword; it will be no better than a lure

to draw victims within the reach of the tomahawk.

On this theme my emotions are unutterable. If I could find words for

them, if my powers bore any proportion to my zeal, I would swell my

voice to such a note of remonstrance, it should reach every log-house

beyond the mountains. I would say to the inhabitants, wake from your

false security; your cruel dangers, your more cruel apprehensions are

soon to be renewed; the wounds, yet unhealed, are to be torn open again;

in the daytime, your path through the woods will be ambushed; the

darkness of midnight will glitter with the blaze of your dwellings. You

are a father--the blood of your sons shall fatten your cornfield; you

are a mother--the war-whoop shall wake the sleep of the cradle.

On this subject you need not suspect any deception on your feelings. It

is a spectacle of horror, which cannot be overdrawn. If you have nature

in your hearts, it will speak a language, compared with which all I have

said or can say will be poor and frigid.

Will it be whispered that the treaty has made me a new champion for the

protection of the frontiers? It is known that my voice as well as vote

have been uniformly given in conformity with the ideas I have expressed.

Protection is the right of the frontiers; it is our duty to give it.

Who will accuse me of wandering out of the subject? Who will say that I

exaggerate the tendencies of our measures? Will any one answer by a

sneer, that all this is idle preaching? Will any one deny, that we are

bound, and I would hope to good purpose, by the most solemn sanctions of

duty for the vote we give? Are despots alone to be reproached for

unfeeling indifference to the tears and blood of their subjects? Have

the principles on which you ground the reproach upon cabinets and kings

no practical influence, no binding force? Are they merely themes of idle

declamation introduced to decorate the morality of a newspaper essay, or

to furnish petty topics of harangue from the windows of that

state-house? I trust it is neither too presumptuous nor too late to ask.

Can you put the dearest interest of society at risk without guilt and

without remorse.

It is vain to offer as an excuse, that public men are not to be

reproached for the evils that may happen to ensue from their measures.

This is very true where they are unforeseen or inevitable. Those I have

depicted are not unforeseen; they are so far from inevitable, we are

going to bring them into being by our vote. We choose the consequences,

and become as justly answerable for them as for the measures that we

know will produce them.

By rejecting the posts we light the savage fires--we bind the victims.

This day we undertake to render account to the widows and orphans whom

our decision will make, to the wretches that will be roasted at the

stake, to our country, and I do not deem it too serious to say, to

conscience and to God. We are answerable, and if duty be any thing more

than a word of imposture, if conscience be not a bug-bear, we are

preparing to make ourselves as wretched as our country.

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