So it was _Resolved_, That this bill pass.[70]

WEDNESDAY, February 23.

_Mississippi Question._

Mr. WHITE, of Delaware, rose and addressed the Chair as follows: Mr.

President, on this subject, which has on a former day been discussed

with so much ability, and with so much eloquence, by my friend from

Pennsylvania, the honorable mover of the resolutions, I shall submit the

few observations that I may make, in as concise a manner as I am capable

of; for it is very far from my wish to occupy the time or attention of

the Senate unnecessarily. The resolutions on your table I approve of in

their full extent; I believe they express the firm and manly tone that

at this moment is especially becoming the dignity of the Government to

assume; I believe they mark out a system of measures, which, if promptly

pursued, will be honorable to the nation, and equal to the

accomplishment of the important object which gentlemen on all sides seem

to have in view. These alone, with me, would be sufficient inducements

to yield them my feeble support; but in addition to these, and to the

thorough conviction of my own mind as to the course I ought to pursue, I

have the happiness of being supported in my opinions on this subject by

the unequivocal expression of the sentiment of the State to which I have

the honor to belong.

It was early seen, Mr. President, and required but little penetration to

discover, that adventurers emigrating beyond the mountains, and settling

on the Western waters, must possess the free navigation of the

Mississippi, it being their only outlet to the ocean. This important

privilege it became necessary on the part of the Government of the

United States to secure by treaty, and not leave to the capricious will

of whatever nation who might in future hold the territory at the mouth

of the river. Accordingly, in the 4th and 23d articles of our Treaty

with Spain, I find on this subject the following stipulation:

"ART. 4. It is likewise agreed that the western boundary of

the United States, which separates them from the Spanish

colony of Louisiana, is in the middle of the channel or bed

of the river Mississippi, from the northern boundary of the

said States to the completion of the 31st degree of

latitude north of the equator. And His Catholic Majesty has

likewise agreed that the navigation of the said river, in

its whole breadth from its source to the ocean, shall be

free only to his subjects and the citizens of the United

States, unless he should extend this privilege to the

subjects of other powers by special convention."

"ART. 22. The two high contracting parties, hoping that the

good correspondence and friendship which happily reigns

between them will be further increased by this treaty, and

that it will contribute to augment their prosperity and

opulence, will in future give to their mutual commerce all

the extension and favor which the advantages of both

countries may require.

"And in consequence of the stipulations contained in the

4th article, His Majesty will permit the citizens of the

United States, for the space of three years from this time,

to deposit their merchandise and effects in the port of New

Orleans, and to export them from thence without paying any

other duty than a fair price for the hire of the stores;

and His Majesty promises either to continue this

permission, if he finds, during that time, that it is not

prejudicial to the interests of Spain, or if he should not

agree to continue it there, he will assign to them, on

another part of the banks of the Mississippi, an equivalent

establishment."

This instrument, Mr. President, it is known, for a time, quieted the

fears and jealousies of our Western brethren; they supposed it had

removed for ever the possibility of any future embarrassment to their

commerce on those waters. And after it had been proclaimed as the law of

the land--after it had been ratified by both nations, and become

obligatory upon the faith and honor of each, who could have thought

otherwise? Yet, sir, it has happened otherwise. This place of deposit at

New Orleans, secured to our citizens by the article last read, has been

recently wrested from their hands by the authority of the Spanish

Government, and no other equivalent one assigned, where, after more than

two thousand miles of boat navigation, they may disembark their produce

in order to be shipped for sea; and without this advantage the

navigation of the river is to them but an empty name.

I have said, by the authority of the Spanish Government, it has indeed

been given out to the world, for reasons that every man may conjecture,

and are unnecessary to be mentioned, that this was not the act of the

Government, but the rash measure of a single officer--the Intendant

General of the Spanish provinces; that the Spanish Minister had issued

orders for the speedy adjustment of these difficulties; had kindly

offered to throw himself into the breach to prevent this Intendant

General from going to extremities with the Government of the United

States. Sir, gentlemen may find, when too late, that this is a mere

piece of diplomatic policy, intended only to amuse them; and to say

nothing of the humiliating idea of resorting to such a plaster for the

wound that has been inflicted upon our national honor, if they had taken

the trouble, they might have been informed that the Spanish Minister

near this Government has no control at New Orleans; that the Intendant

General is, like himself, an immediate officer of the Crown, and

responsible only to the Crown for his conduct. If the Spanish Minister

has interfered, which I am not disposed to question, to make the best of

it, it could only have been by the entreaties of men in power, as a mere

mediator, to beg of the Intendant General of New Orleans justice and

peace on behalf of the people of the United States. Are honorable

gentlemen prepared to accept peace on such terms? They might do, sir,

for a tribe of starving Indians; but is this the rank that we are to

hold among the nations of the world? And it seems that even these

supplicating advances are likely to avail us nothing. By accounts very

lately received from New Orleans, by a private letter which I have seen

since these resolutions were submitted to the Senate, the Intendant

General has expressed much displeasure at the interference of the

Spanish Minister, stating that it was not within his duty or his

province, and that he, the Intendant, acted not under Spanish but French

orders.

As to the closing of the port of New Orleans against our citizens, the

man who can now doubt, after viewing all the accompanying circumstances,

that it was the deliberate act of the Spanish or French Government, must

have locked up his mind against truth and conviction, and be determined

to discredit even the evidence of his own senses. But, sir, it is not

only the depriving us of our right of deposit by which we have been

aggrieved, it is by a system of measures pursued antecedent and

subsequent to that event, equally hostile and even more insulting. I

have in my hand a paper, signed by a Spanish officer, which, with the

indulgence of the Chair, I will read to the Senate:

ADVERTISEMENT.--Under date of the 16th instant, (December,)

the Intendant General of these provinces tells me that the

citizens of the United States of America can have no

commerce with His Majesty's subjects--they only having the

free navigation of the river for the exportation of the

fruits and produce of their establishments to foreign

countries, and the importation of what they may want from

them. As such I charge you, so far as respects you, to be

zealous and vigilant, with particular care, that the

inhabitants neither purchase nor sell any thing to the

shipping, flat-bottomed boats, barges, or any other smaller

vessels that may go along the river, destined for the

American possessions, or proceeding from them, that they

shall be informed of it, for their due compliance of the

same.

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