subject; and adopted the bill introduced into that branch, and withdrew that which they first passed. The House undertook to amend or alter the terms of the Convention; or, at least, to give a construction to it, which was obviously not intended by the commissioners who signed it, and which would not have been admitted by the British government. The treaty provided for the same duties on tonnage and articles carried from the ports of the United States to those of Great Britain; and vice versa. The bill introduced into the House, and there adopted by the majority, made a distinction in cases of coming from ports in England, or from ports in the British islands and provinces; and insisted, that this was requisite to render the terms of the treaty equal in their operation on the commerce of the two countries, and for establishing a real reciprocity of privileges or benefits. A large minority in the House objected to this as incorrect; as it was assuming a power, in that branch of the government, to judge of the advantages of a treaty, which was the exclusive prerogative of the President and Senate. The advocates for the bill in the House, pretended that it was only giving a construction to the terms of the Convention. But this was not a valid argument; for it was the sole province of the Judiciary to interpret a treaty after its ratification by the proper constitutional authority. A similar question arose in 1795, in the passage of a law of Congress for making the necessary appropriations to carry into effect the treaty made with England, in 1794. The Act which was adopted March 1st, 1816, relating to the Convention with Great Britain, of July, 1815, declared "null and void any law of Congress which imposed a higher duty of tonnage or of impost, on vessels, and articles imported in vessels of Great Britain, than on vessels, and articles imported in vessels. of the United States, contrary to the provisions of the Convention between the United States and his Britannic Majesty; the ratifications of which were mutually exchanged in December, 1815."

In 1816, a dispute again arose with Spain, respecting the right to West Florida. The Spanish minister was instructed to remonstrate against the occupancy and claims of that territory by the government of the United States. The latter claimed it as a part of Louisiana; and five years before had taken possession of some parts of it, but withdrew its troops on the united remonstrance of Spain and France. The American government never gave up its claim, and had again occupied a portion of the territory by

an armed force. This occupancy the Spanish minister now insisted should be no longer held, until negotiations could be had, and the question fairly settled, as to the justice of the claim. The Envoy of his Catholic Majesty, at the same time, urged upon the government of the United States, the propriety and justice of preventing the military expeditions fitting out within its jurisdiction, and on the Mississippi, against Mexico; which was then in a state of revolt or rebellion, as the Envoy characterized it,—against the king of Spain. And he also demanded, that no intercourse should be allowed between the United States and the revolted province.

In replying to this statement and demand of the Spanish minister, the American Secretary of State referred to several instances of alleged injury, on the part of Spain, to the United States, and to a delay of indemnification for former depredations on American commerce, which had been promised to be made. He did not directly impugn the claim of the Spanish monarch to Florida; but undertook to show that as it was now separated from his Mexican territory, it was of little advantage to that nation; and that an exchange of it might be made with the United States, for a tract on the west of the Mississippi, belonging to the latter, since the purchase of Louisiana, and bordering on Texas, then considered a part of Mexico. The Secretary did however, state that a part of West Florida was supposed to be within the territory ceded to the United States, by the general name of Louisiana; such being the extent of the country in 1763, when it was relinquished by France: and that negotiations might proceed, as well while it was possessed by the United States, as by Spain. He denied that any armed force was forming within the United States against Mexico, with the knowledge of the government; and said that if any should appear it would be discountenanced and prevented. That vessels might be admitted into the ports of the United States, for purposes of trade, coming from places in Mexico, pretended by the Spanish Envoy to be in a state of revolt from the authority of the parent government in Europe, he did not deny; and added, that it was not the policy of the federal government to interfere in the disputes between the parent country and their American provinces; nor to exclude the flag of any neutral nation, engaged in commercial enterprise.

This correspondence led to no immediate important result. The Spanish minister still complained of the conduct of the American government; and his chief object appeared

to be a delay, or evasion of the real subjects in controversy. It also appeared that he had not full powers to decide the questions which had long been in dispute between the two governments. The subject was discussed again, and more fully, some two years afterwards-when Mr. Monroe was President; and the negotiation was ably conducted by Mr. Adams, Secretary of State. Soon after, Spain ceded the provinces of East and West Florida to the United States: And the federal government became obliged and responsible to its own citizens, who had claims on the Spanish king for various commercial depredations; to the amount of five millions of dollars; which might be considered, in some sense, as the purchase money for the territory.

The negotiations with Spain in 1816 and in 1818, had reference also to the western bounds of Louisiana. The American administration first claimed as far as the Red river; but the Spanish Envoy was instructed not to consent that Louisiana should extend farther west than the river Sabine. And it was accordingly so finally settled. It was also agreed, at the same time, that the United States should extend from a point in latitude 42° north, to the Columbia river, and to the Pacific ocean, so far as Spain was concerned. It was intended by Spain to limit the western part of the United States by the Rocky mountains; but the federal administration urged the extension to the Pacific; and it was so stipulated.

The financial and monetary concerns of the United States received the particular attention of Congress at this session. Besides the establishment of a national bank, which was a very important measure, in relation to the finances and the currency of the nation,-the bank, now incorporated, being far more secure and perfect than the bill of 1815 had proposed,-an act was passed for regulating and fixing the value of foreign coin, especially those of Great Britain, France, Spain, and Portugal, which were chiefly then circulating in the United States. These coins were also made a tender, at certain rates, as specified in the law. Propositions were also made in Congress, at this time, for regulating State banks, in some respects; and a prohibition to receivers of public federal duties and taxes, to take the bills of banks which did not redeem them in specie. Indeed, the question arose, whether the currency of the country, including the bills of State banks, was not subject to the regulation and control of Congress, according to the intent of the Constitution. The literal and obvious meaning of that national compact, it was

contended, gave the whole direction of the currency, and bills of credit, to the federal government. But State banks were then numerous; some had been in operation twenty years; their convenience had been fully proved; and to put them all down, or to restrain them materially, would probably cause great embarrassment and suffering. Yet it was generally admitted that Congress had a right so far to interfere, as to decide whether the national taxes should be received in the bills of State banks, or in any other medium than specie, or its own notes, issued by its orders from the national treasury. The establishment of a national bank, with branches in all the large and populous States of the Union, was found to answer the purposes of a general circulating medium, and the State banks were left without any regulation by Congress, except so far as to forbid public officers receiving the bills of such banks as did not pay specie. On this subject a resolve of Congress was adopted, directing "the Secretary of the Treasury to receive for debts and taxes, due the federal government, only gold and silver, treasury notes, bills of the bank of the United States, and of banks which paid their notes on demand, and in specie." The Secretary gave public notice of this resolution, and he also urged on all banking companies to redeem their small notes by specie, as an accommodation to individuals, as well as for their own credit. The Secretary was also directed not to make deposites of the public funds in State banks, which did not redeem their notes in specie, after February, 1817.* There was a strong disposition manifested by Congress, at this period, for increasing the amount of specie, as a circulating medium; and yet not to require it as the only one. It was perceived that it would not be practicable, nor for the public convenience, indeed, to exclude paper from circulation, and to insist on all payments in gold and silver.

The leading policy and views of Congress, as well as of the President, were developed in his address to the federal legislature, in December, 1816; the last he presented, containing his opinion of public national measures, as he retired from office at the close of the session. The political views of the President were generally, though not always, ap

*The banks in Massachusetts, and in most of the New England States, paid their bills in specie at that time; but those in the Middle and Southern States did not. In August, 1816, a Committee of Banks, in the Middle States, met in Philadelphia, and recommended that specie payments be postponed till July, 1817.

proved and sanctioned by the majority of Congress. The policy he recommended, after the war, was in some respects different from that he had previously urged. Domestic manufactures were referred to, as meriting the patronage and aid of government, and the regulation of the tariff on imported articles, so as to have a favorable effect in securing that object. The necessity of public credit was prominently noticed; and a recommendation to provide for the payment of debts due the government, either in specie, or in notes of Banks which promptly redeemed their paper in gold and silver. "There is only wanted to the fiscal prosperity of the government, (he said,) the restoration of an uniform medium of exchange. The local accumulations of the revenue have enabled the treasury to meet the public engagements in the local currency of most of the States.But, for the interests of the whole community, as well as for the purposes of the treasury, it is essential that the nation should possess a currency of equal value, credit and use, wherever it may circulate. The Constitution has entrusted Congress, exclusively, with the power of creating and regulating a currency of that description; and the measures which were taken at the last session, in execution of this power, give every promise of success. The Bank of the United States has been organized under the most favorable auspices, and cannot fail to be an important auxiliary to those measures.

The President referred, in this message, to the depressed state of the navigation of the United States; arising from some of the stipulations and articles in the commercial convention, then recently formed between the American and British governments, and particularly to the trade with the colonial ports of Great Britain. The convention expressly regulated the trade, between the ports of the United States and those of Great Britain, in Europe; and it was considered on fair and reciprocal principles; but it had omitted to include or adopt any article relating to the trade between the United States and British colonial ports: So that the commercial intercourse between these was subject to the regulations of the British government, and was in fact monopolized by British merchants, to the indirect injury of the United States. This defect was early perceived, and an

The leading members in Congress, who had been in the opposition during the war, and for some years before, having disapproved of embargoes, nonimportations, and non-intercourse, fully approved and supported the measure of a national bank, and of providing for receiving the public dues in specie, or the bills of banks which paid specie.