1260 MISCELLANEOUS. 



" That is to say, it was an oversight to use language in that conven- 

 tion which, by a strict and rigid construction, might be made to yield 

 the freedom of the great bays. 



"It is, then, a question of mere verbal criticism. The Secretary 

 does not admit that the rigorous construction is the just and true one; 

 and so he does not admit that there is any 'concession' in the sense of 

 the term which the honorable senator adopts. Now, other honorable 

 senators, if I recollect aright and particularly that very accurate and 

 exceedingly strong-minded senator, the gentleman from Massa- 

 chusetts, (Mr. Davis) conceded that, the treaty would bear this 

 rigorous construction; insisting, nevertheless, just as the Secretary 

 of State did, that it was a forced and unjust one." 



To refute the many rumors relative to an adjustment of the diffi- 

 culties, as well as to repel the imputation of treating under duress, he 

 declared that "no negotiation has been had between the President of 

 the United States and the English government. No negotiation is 

 now in progress between the two governments. No negotiation has 

 been instituted between the two governments for any purpose what- 

 ever. No overture of negotiation has been made by the British gov- 

 ernment since the last year, and no overture has been made by the 

 American to the British government. So, then, it appears that noth- 

 ing has been negotiated away at the cannon's mouth, because there 

 has been no negotiation at all, either at the cannon's mouth or else- 

 where. There has not been any negotiation under duress, because 

 there has been no pretence of a design by the imperial government to 

 enforce its rigorous construction of the convention of 1818, or to 

 depart from the position of neutrality, if I may so call it, always 

 heretofore maintained." 



On the subject of reciprocity, he considered that "the indications 

 are abundant that it is the wish of the Senate that the Executive 

 should pot treat upon this subject, and I think wisely. I agree on 

 that point with my honorable and distinguished friend from Massa- 

 chusetts, (Mr. Davis.) What the colonies require is some modifica- 

 tion of commercial regulations which may affect the revenue. That 

 is a subject proper to be acted upon by Congress, not by the President, 

 if it is to be acted upon at all. It must not be done by treaty. We 

 seem to have courted the responsibility, and it rests upon us. Let 

 us no longer excite ourselves and agitate the country with unavailing 

 debates; but let us address ourselves to the relief of the fishermen, 

 and to the improvement of our commerce. 



" Now, sir, there is only one way that Congress can act, and that is 

 by reciprocal legislation with the British Parliament or the British 

 colonies of some sort. I commit myself to no particular scheme or 

 project of reciprocal legislation, and certainly to none injurious to an 

 agricultural or a manufacturing interest." 



As to the course to be pursued, he said, in concluding his speech, 

 " I, for one, will give my poor opinion upon this subject, and it is this: 

 that so long hereafter as any force shall be maintained in those north- 

 eastern waters, an equal naval force must be maintained there by our- 

 selves. When Great Britain shall diminish or withdraw her armed 

 force, we ought to diminish or withdraw our own; and in the mean 

 time a commission ought to be raised, or some appropriate com- 

 mittee of this body the Committee on Foreign Relations, the Com- 

 mittee on Finance, or the Committee on Commerce should be 



