The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-03-23

compelling nations 10 withhold supplies OF ood
from friendly with which they dealt was BY the or
ders OF Washington Indignantly rpeed by Mr. Jefferson In
his letter to our minister quoted Our
held il TO be violation ofonr independence abhorrent alike
70 the rights commerce and humanity which, faoqueseed
in on part would justify France in making war on US
SO said Mr.. Jefferson 10 minister in London. Mr.
Nicholas quotes the treaty show how Lord Granville
and Mr. Jay solved the dispute And whereas the diff
Guilty Of agreeing the precise cases in which alone pro
visions and other articles not generally contraband, may
be regarded SUCH renders IL expedet to provide against
the inconvenience and misunderstanding which might
thence arise it is further agreed that whenever any such
articles becoming con,raband according to the existing
laws of nations shall for thai reason be seized the same
shall be confscated but the thereof shall be
speedily and completely Unidentified and the eaptors or
in their default the government under whose authority
they shall pay the masters owners OF such vessels
the full value Of all such articles
Now as athe difficulty agreeing the precise cases in
which alone provisions and other articles not generally
conaband may be regarded SUCH grew out Of the fact
that Great Britain claimed the right to reduce France oy
famine and all provisions going TO any OF her
ports for that purpose and government and all the
world denied IT, Lord Granville and Mr. Jay concluded to
arrange the difficulty for the benefit OF our merchants ana
the time in accordance with the British design
against France agreeing shat when articles SO becoming
contraband Chat Isl articles mot generally conraoand
but becoming under "HiSh "ec
subject Of dispute between Great Britain and the United
Staes asha be seized but shall not be eonsca
ted but the owners thereof shall be speedily and COM
pletely unidentified This nothing but giving the
consent of our government by treaty that England might
all provisions going to France provided she speed
lily and completely Unidentified the owners, "and that
the captors or in their default the under
whose authority they act shall pay the masters
ers Of such the full value Of all such articles within
reasonable mercantile profit thereon, together with the
freight and also the demurrage incident to such deen
ton This the way in which the disputed cases of
contraband growing of the different principles of law
held by the two governments settled as to send
the cargo England There ample taken of the
interests Of merchants in creating this of
traband starve nation to surrender as if be-
sieged town but word is said to clear up the
tested point made by President Washington through
minister London, denying the British pretext under
which provisions going to France were stopped and
asserting that violated rights nation and if per-
mtted by the United States, would justify France in
king the United States. Mr. Madison, noticing this
clause in jays treaty, relating to provisions says it
seemed TO carry necessary implication that provisions
though not bound beseged blockaded places might
according the existing law Of nations be regarded
contraband According to the genuine law OF nations
articles which expressly and generally contaband
except in the single Of their going to beseged
place. yet it is admitted in the treaty that there other
when De whence
pcaon results that of the might be that which
had been assumed and put by Great Britain in
lation to the United States" Mr. Madison, after reasoning
the subject large refers to Mr. Jeersons letter to Mr.
Pinckney denying The right of Great Britain to stop
appropriate provisions shipped to France and asks
sif as there stated by the Executive, our neutrality and
peace were to be exposed by permitting practices of
that kind what might be thought of giving effect
in the midst of such practices to treaty from which
countenance might be derived by the nation going
on with them z" He was that the Executive,
Notwithstanding the doctrine and policy laid down
above had finally concurfed in the treaty under such cir
cumstances But he did not consider that nvalidang
the reasoning drawn from the present state Of things He
might he said be stepping delicate ground but he
could think improper to remark that 1t was known
fact that the Executive actually paused for some weeks
after the OF the Senate before the treaty
ceived his signature that it is ary to be presumed that
renewal Of the spoations and recollection Of the light
in which they have been presented were ground OF the
pause; that that supposton he was probably nfu-
enced in signing the treaty when he did by expectation
that such mark Of confidence in the British government
would produce abolition of the unlawful proceeding,
and consequently if it had been foreseen that the spoa
tons would have been continued as we find them to be-
the treaty would not have been then signed or if it had
not then been signed, il would not be signed under cir
cumstances of the moment when it falls under const
tuition"
Hon Plerce Butter, OF III speech ON
the address the President in the Senate confirms Mr.
Madisons statement that Washington at first refused
sign the treaty though sanctioned by the Senate per-
ceivng the construction Great Britain put upon this out
ageous and nsidous article He says che would have
appauded the rmness of the President if in compliance
with the unequvoca wishes of the people, he had resisted
the of the majority the treaty, and refused his sig
nature to it. This was he understood land it should be
mentioned in OF the President his first intention
why he changed it, time he said must disclose There is
no doubt but that President Washington would have
withheld his signature forever from the treaty he had
not been persuaded by the federal party by which he
then altogether surrounded that their influence adver
saries of the French and friends to the policy of the
British government would enable them to obtain
forbearance to repeat the acts of seizure by which
they announced their construction OF the treaty af
ter it signed by Mr.. Jay and ratified by the
Senate but before it signed by Washington. He
which he sanctioned il would with the pressure of the
British party the English ministry, induce them
modify their course under it. He would otherwise
after his instruction Mr. Pnckney to make known
Great Britain that permission seize provisions going
to France equivalent with France-have signed
treaty which gave that permission The British con-
structon was however persevered in until it produced
the result predicted. That is now history Mr. Galatin
speaking this article of the treaty pcnsrates the
consequences and shows what the influence which
hurried the adoption Of this fatal instrument against
the forcbodings of Washington Mr. Gaatin said athat
the article making provisions oontraband when carried