(9)

Mr. R. denied that there was any confidential informa tion in that house..

The VICE PRESIDENT said there was no confidential information before the senate, that he recollected, and that he perceived nothing improper or out of order in what had been said.

Mr. NICHOLAS said he hoped the galleries would be cleared. It appeared to him that the gentleman was about to discuss points of a confidential nature.

Mr. Ross hoped not....and would give his reasons.

Mr. NICHOLAS objected, that it would not be in order for the gentleman to give his reasons.

Mr. Ross. I will never speak upon this subject, sir, with closed doors. The moment you shut your doors I cease....and when they are opened I will proceed. There is nothing of a secret or confidential nature in what I have to say. Mr. Ross concluded by calling for the yeas and nays, upon the question of closing the doors.

Mr. WRIGHT read one of the rules of the Senate, to shew that a vote was not necessary for closing the doors.†

Mr. WELLS enquired whether it was in order to interrupt a gentleman while speaking, and to make a motion while he was in possession of the floor.

The VICE PRESIDENT thought that in such a case, where a senator thought that the subject required secrecy, it might be done. The doors must be closed at the request of any Senator, and afterwards the Senate would determine by vote, whether or not the business should proceed with closed doors. He then ordered the galleries and lobby to be cleared. The doors remained closed for some time, when they were again opened, and the Senate adjourned.

Senate, shall be, by the members thereof, kept inviolably secret; and that all treaties, which may hereafter be laid before the Senate, shall also be kept secret, until the Senate shall, by their resolution, take off the injunction of secrecy.Journals of Senate, 1800-Jefferson's Manuel, sec. 52.

† Of right the house ought not to be shut, but to be kept by porters or serjeants at arms, assigned for that purpose. Mod. Ten. Parl.

By the rules of the Senate, on motion made and seconded to shut the doors of the Senate on the discussion of any business, which may in the opinion of the member require secrecy, the President shall direct the gallery to be cleared, and during the discussion of such motion the doors shall remain shut.Rule 28-Jefferson's Manuel, sec. 18.

C

Tuesday, February 15.

Upon reading the minutes of the preceding day, the following entry was found to have been made by the Secre tary:

' Mr. Ross stated in his place, that he had several reso'lutions to submit to the consideration of the Senate, on the 'infraction of the treaty by the government of Spain, in 'withholding the right, from the citizens of the United 'States, to deposit their produce in the Spanish territories; upon which, while he was proceeding in some introductory 'observations....

On motion made and seconded, the galleries were ፡ cleared, and the doors were shut.'

The above entry on the minutes, Mr. Clinton of New York, moved to strike out, and the motion was carried.

After some of the ordinary legislative business of the Senate had been dispatched, Mr. Nicholas moved that the galleries be cleared, and the doors of the Senate were closed till two o'clock. They were then opened, and the Senate adjourned.

Wednesday, February 16.

At one o'clock the doors of the Senate were opened, and in a few minutes afterwards

Mr. Ross rose and said, That two days ago he had the honor of stating some of his opinions to the Senate respecting the alarming condition of our affairs upon the Mississippi. That in a very interesting part of his enquiry he had been called to order :-That the Vice President had expressly determined him to have been in order, and also declared that there was no confidential information before the Senate relating to the late aggressions upon our rights in the Mississippi :.... Yet notwithstanding this declaration of the Vice President, as explicit as it was correct, Mr. R. said, the doors were actually closed and all further public discussions at that time prohibited....Yesterday the doors were again closed....He said it would be well recollected, that when this extraordinary measure was resorted to, he had given notice that he would not proceed further in the discussion, while the doors were shut, and that he would re-. sume it whenever they should be opened. From that time to the present he had remained silent, but now, when a

majority of the Senate had resolved that this discussion should be public, he would proceed to finish the remarks. he had intended to make, and then offer his resolutions. He could not, however, avoid expressing his acknowlegements to the majority of that body, who had decided that this debate should be public, for although some gentlemen might be desirous to stifle, and smother in secrecy, an inquiry like the present, he firmly believed that there would always be firmness and independence enough in that house to meet in public the investigation of every subject proper for public deliberation.

Mr. R. said he would not return to a repetition of what he had formerly stated, it would be sufficient to mention, that he had urged the importance of our rights in the navigation of the Mississippi founded in nature, and acknowledged by compact: This was the great and only highway of commerce from the western country to the ocean;.... That the Spaniards after a long execution of this treaty, have now flagrantly violated it, and shut us out from all intercourse, and from the right of deposit ;....That they have plundered our citizens upon the ocean; carried our vessels into their ports and condemned them without the semblance of a trial:....Our seamen have been cast into prison, and our merchants ruined .... Thus assailed upon the ocean, and upon the land by a long course of oppression and hostility, without provocation and without apology, he knew but one course we could take which promised complete redress of our wrongs: experience had proved, that compact was no security, the Spaniards either cannot or will not observe their treaty. If they are under the direction of a stronger power who will not permit them to adhere to their stipulations, or if they of their own accord inflict these indignities under a belief that we dare not resent them, it was equally incumbent upon us to act without farther delay. The aggressors are heaping indignity upon you at your own door, at the very borders of your territory, and tell you, at the same time, they have no right to the country from whence they exclude you ....If they act thus without right, why not enforce yours by taking possession? Will you submit to be taken by the neck and kicked out without a struggle? Was there not spirit enough in the country to repel and punish such unheard of insolence? Is not the magnitude of the interest at stake, such as to warrant the most vigorous and decisive course which can express public indignation? Go then, take the

guardianship of your rights upon yourselves, trust it no longer to those who have so grossly abused the power they have had over it....reinstate yourselves in the possession of that which has been wrested from you and withheld by faithless men, who confess themselves no longer the owners of the country over which they are exercising these acts of injustice and outrage. Negociation may, perhaps, be wise, but this is the effectual measure to support it; when it is seen that you have determined to support your just demands with force....that you have already taken into your hands an ample pledge for future security and good behaviour, your ambassador will be respected and attended to. But what weight will his remonstrances have in any country of Europe, when they hear of no military preparations to vindicate your pretensions, when they learn that you have been chased out of a possession confessedly your right, that you have been insultingly told, begone, you shall not buy, you shall not sell, you are such a nuisance we will have no intercourse with you!

Where is the nation, ancient or modern, that has borne, such treatment without resentment or resistance! Where is the nation that will respect another that is passive under such humiliating degradation and disgrace? Your outlet to market closed....next they will trample you under foot upon your own territory which borders upon theirs! Yet you will not stir, you will not arm a single man; you will negociate! Negociation alone under such circumstances must be hopeless....No....Go forward, remove the aggressors, clear away the obstructions, restore your possession with your own hand, and use your sword if resistance be offered....Call upon those who are most injured, to redress themselves; you have only to give the call, you have men enough near to the scene, without sending a man from this side the mountains; force sufficient, and more than sufficient, for a prompt execution of your orders....If money be an object; one half of the money which would be consumed and lost by delay and negociation, yould put you in possession.... Then you may negociate whether you shall abandon it and go out again.

You may also then negociate as to compensation for the spoliations upon your trade. You will have ample funds in your own hands to pay your merchants, if the Spaniards continue their refusal to pay. You will have lands to give, which they will readily accept and assist in defending. In this way they may all be indemnified; by negociation there is little hope that they ever will,

It may be said that the executive is pursuing another and a very different course. The executive will certainly pursue the course designated by the legislature. To the congress has been confided the power of deciding what shall be done in all cases of hostility by foreign powers. There can be no doubt that by the law of nature and nations, we are clearly authorised to employ force for our redress in such a case as this....That we have a just right to take such measures as will prevent a repetition of the mischief, and afford ample security for the future quiet enjoyment of the violated right. If we leave it entirely to the executive, he can only employ negociation, as being the sole means in his power.... If the right be not abandoned what is to be done? I know, said Mr. R. that some gentlemen think there is a mode of accomplishing our object, of which, by a most extraordinary proceeding, I am forbidden to speak on this occasion, I will not, therefore, touch it.... But I will ask honorable gentlemen, especially those from the western country, what they will say on their return home to a people pressed by the heavy hand of this calamity....when they enquire....What has been done? What are our hopes? How long will this obstruction continue? You answer....we have provided a remedy, but it is a secret! We are not allowed to speak of it there, much less here....it was only committed to confidential men in whispers, with closed doors: but by and bye, you will see it operate like enchantment....it is sovereign balsam which will heal your wounded honor, it is a potent spell, or a kind of patent medicine which will extinguish and forever put at rest the devouring spirit which has desolated so many nations of Europe. You never can know exactly what it is; nor can we tell you precisely the time it will begin to operate.... but operate it certainly will, and effectually too! You will see strange things by and bye....wait patiently, and place full faith in us, for we cannot be mistaken.

This idle tale may amuse children. But the men of that country will not be satisfied. They will tell you that they expected better things of you, that their confidence has been misplaced, and will not wait the operation of your newly invented drugs; they will go and redress themselves.

I say also, let us go and redress ourselves; you will have the whole nation with you. On no question since the declaration of independence, has the nation been so unanimous as upon this. We have at different times suffered great indignity and outrages from different European powers; but none so palpable, so inexcusable, so provoking, or of such