Portland gazette, and Maine advertiser — Portland, Me., 1810-01-22 00:00:00, page 2

c ' * * .Iv announce to the world
a p. d^e to call into acVion the whol
,1iv’r; 1 ic nation, and v; t that it
C*H all >‘l;c words ? Tint in f
tht y intend to no fuch things as they
l»n>mife '( Arc we indeed prepared
pronounce ourfeivej falieu thus
low ?
Confi Icring gentlemen a* ferious
in announcing this pledge to thr
world, and giving this national defi
^ to war, 1 alk *vint is to he the
refttIt of the co.'ifl'cf if we are not
prepared f«'t it, and h^w for are we
prepared r 1 his inqtiuy fuggefls an i
attention to tfie refolution under two
different afneJbs* as we know the
relations oi executive departments to
be aflecKd or varied according to '
r ^
views of peace or war. On quaf
tions of great national controverfy 1
the department of flare has in charge !
to attend to thofe gratifying themes, 1
the rights, the honour and dignity
oi the nation and government. And
rhefe themes may be prefented the
more for publick attention as the
Hate of affairs becomes hoflile until
their molt impofing influence over
the publick pallions is realized amidit
the operations of declared war. In
a fl ite of peace the department of the
treaiury ntay atrracfc regard from re
dundance of revenue and extinction
of debt and projects of improvement.
But the frown of war reveries the
feene. On this department is now
devolved the talk of deviling ways
and means for fupplying extraordi
nary expenditure or wafte. The
ungrateful fubje&s of attention are
the exhauftion of the treafury—loans
— taxation—the option of difficulties
§n procuring money-the choice
between different modes of impofing
pecuniary burdens on the people.
If this rsfolution be purfued accor
ding to its import, additional char
ges on the people muft be required.
To give eclat to the department of
State, can you be willing to embar
rafs the department of the treafury.
There is another reafon why we
ftiould be cautious. Can it be expe
dient for the pubiick to make expe
riments tending to wafte the nation
al charaflcr ? More than two years
have elapied fince an interdictory
proclamation was fulminated from
the palace againft the Britilh navy
A fquadron concerned in commit
ting the offence mentioned in the
proclamation, was fufF-*red to remain
for feveral months within the waters
of the United States in open defiai.ee
of the executive interdict, and the
exclufive right of territorial jurifdic
tion. There that fqnadron was fuf
i'ered to remain, although the pow
er given to the prefi lent by flarute,
l believe, extended to the employing
military and naval forces of the U.
S. a.i ! the militia at the prefident’s
difore?ion. to compel refpecf to his
proclamation. The offending fquad
ron was fullered to remain there, rot
w’ithftandiwg the number, which the
government had, of thofe highly re
commended aqaatico terrene vehi
• • • • « ...
ties oenommatea gunboats lac
indignity then was greater than is
to be found in tue fuoje£t of this re
folution. Yet the government did
not then afl'ert the paramount right of
teritorial fovereignty with effrdf.
With fuch experience, what honour,
what utility is to be expected from
palling this refolution now ? What
is to be expedfed but irritation with
out benefit, embarraiTncnt without
extrication? When thev attend to
your meafures, will foreign powcis
belie.e that fuch a refolution proves
your title to reipecf ?
A further rent'on againlt the refo
lution is founded on the conduct of
the , refldent of the United States ;
it is the confederation, that he has
not ordered the liniiih mindler, Mr
Jackfon, to depait from this country.
—Until that order is given no fuch
refolution as the prefent ought to be
pafled. 1 he extraordinary fpeiila
cte is now exhibited of a minifter ac
credited from a foreign government
who is denied the eminent, diredf
privilege of the diplomatick charac
ter, the privilege of communicating
with the government to which Iw* is
fent; and yet is to enjoy the immu
mtics which are auxiliary to theexer
cife of diplomatick function*, fhe
cafe is novel in the proceedings of
this country.—It is lb extraordinary
that theoflkul publication of the re
fufal to receive communicators from
him might nave been cor.fidered as
a difavowal by the adminiflration of
his diplomatick character, and confe
quently as a deprivation cf his char
«wUriftick itmntuiiticf, had net a
or the dilculhon between the Secre
tary of State, and Mr. Jackfon, as
not diftinctly exhibiting the fpecifick
character of the queltion. I confid-1
er a publick miniiter not authorized
in virtue of a general letter of cre
dence to ftipulate any one thing to
be done on the part of his govern
ment. If I ur.derftand the courfe of
argument on the part of the Secre- !
tary of State, it feems to aflurne as a
kalis, that a publick miniiter here
. accredited is entitled to ftipulate for
his government in virtue of his let
ter of credence without further au
thority, or at leaft that the govern
: ment here fhould regard the miniiter
in virtue of his letter of credence as
; authorized to conclude fuch ftipula
tions lo as to be obligatory on the
; government giving the letter of ere- I
, dence. 1 his I do not admit t* be
• correct either ir. principle or ufage.
Permit me, fir, to call upon gentle
men to recur to the time when the
publick law of Chriltendom in rela
; tion to diplomatick intercourfc may
be confidered as afliiming regularity
ot character. 1 requeft gentlemen
to recur with me to the epoch of the
treaty ot Weltphalia. The great
woric of the learned Grotiu • on war
and peace firft reduced to general
fyftetn, the body of publick law in
Europe. He was one of the great
matters in fcience who have appear
ed tormrd to rife above contempora
ry competitors in their refpeftive
fpheres, and acknowledged beyond
difpute to be greater than thofs pre
ceding or lucceeding them. As
fuch he was iirft made known with
diltinguithing honour by Guftavus
Adolphus ot Sweden, one of the
greateft men and heroes of his age
or ot the world. The works of
Grotius was pubhtned in the year
1625 '» arK* l^e treaty of Weftpha
lia was concluded in the year 1647,
confifting of a treaty concluded at
! Munfter and another at Ofnaburg
within the circle of Weftphalia, and
both figned on the fame day, being
the retulc of a congrefs compofed of
ambafladotirs plenipotentiaries, min
ifters, delegates, commiflioners, de
| puties, indeed almoft if not complete
I ly, evey grade or defcription of gov
ernment reprcfentation known in the
whole Chriftian world. The con
1 cluiion of the treat v out an end to
I conferences which had long holdcn
Europe in fufpense, and terminated
the famous thirty years war. Never
before or Alice, I prefume, were fo
many diplomatick characters aflem- !
bled for negotiation or mediations
and fuch and fo various interefts
to b^ arranged at one time by treaty.
I The great interefts of the Catholick
and Reformed Religions in Europe,
the emperor, the electors, princes
and ftates of the Germanick body,
France, Sweden, the States General,
with tire refpe<5tive allies all were i
concerned, Pruffia was not then erec-!
ted into a kingdom, and Ruffia had
not taken rank under the great Peter
among the civilized powers of Eu
rope. From the nature of the nf
f»irs and the great number of pub
lick men from different portions of
Europe, the famous congrefs in
W eftphalia after the publication of
I Grotius had attained high diltinc
ticn, feived fo make known and ef*
tabiifh extenfively the principles con
stituting the pubitek rules of inter
rertificire of fpeclal (a ft guard fa
the country been given by the admin
iltr?tion. The cafe is clearly differ
ent from that of the Spanifli minif
ter, who, I believe, was admitted to
have written communications with
the adntinillration, but was admon
ished by authority from the Prefi
j dent not to appear in'the city of
YVafhingron, who refufed however
to obey the admonition, but was fuf
fered to come and remain, accor
ding to his avowed determination,
within this cxtenflve city, as he
might find convenient or for the in
tcrcllof the king his mailer.
Theft are feme of the reafonsfor
which although it were fuppofed
corie£l in ftatement of fa£ts, 1 am
not prepared to vote in favour of the
rcfolution on the table.
It is a confideration of a different
nature, that the phrafeology of the
refolution tends to draw abide the
attention by placing it on a bafis
uhich is objectionable as being in
correct, net as in point of fact, but
of principle. This, fir, leads me to
confider the litigated fubj«£t of the
powers of Mr. Erfkine to negociate
and conclude the provifional arrange
ment of the laft April On this fub
ject. I leave at once the greater part
, cnurfr among the government* of
the Chriftian world.
We arc now called upon to pro
nounce refpefting a qu ‘ftion depen
ding on thofc rules of intercourfe as
recognized and iiluftrated by nation
al ufige. What is the principle that
protects and fuftains in full immu
nhy the minifters of the United
States in Britain, iTi France, in Ruf
fia or in any part of the civilized
world ? It is the refpeft due to ihofe
fules, a refpeift which the various
governments of whatever form have
concurred in manifefting and enforc
ing. Nor can we claim to hold a
courfe in diplomacy incompatible
with fuch national ufage, unlefs we
ftrike ourfelves out of the general
pale of Chriftendom.
Fhis queftion, therefore is to be
confidered not merely as an abftratf
difcullion j but we have now to in
quire, what is a letter of credence
according to rhe publick law and di
plomc tick ufage of Europe ? Is it
an authority for ftipulating any thing
to be done on the part of the govern
mcnt fending the minifter P If it be,
I requeft to know the proof. Ac
cording to my apprehenfion, it is net *,
and I tlefire gentlemen to enlighten
me on this point, if I err. If this o
pinion be erroneous, I fhould hope
it might be made evident with ref
pett to myfelf, that I may not con
tinue in errour. From whatever
fource there can be derived any aid
to afeertain the true principle, if gen
tlemen honoured by efpecial confi
dence refpe&ing affairs of date, if
any of the law officers or even mem
bers of the cabinet, would be plea
fed to contribute to the (lock of le
gillative information, I folicit the
correction of any errour, if indeed I
err, on this topick.
[lo be continued.]
-«////«•
CONGRKSS.
SATURDAY, JAN. 0.
A bill was reported for reviving^the addi
tional duty oi two and a half per cent, com
monly called “ The Mediterranean Fund.”
Mr. Livermore't motion was refumed for
fit iking out the rule whicli provides that the
previoui question lliall be put iu this form,
viz. “ Shall the previous quijliun prevail f" If re
queued by cue Ji/tb of the members prefent,it
lliali be put Without debate /
Mr. Rofs infilled fo flrongiy upon refuming
the confidcration of this “ firm mealure,” to
suable “ I'he People to diftinguilh between
their friends and foes,” that he would not even
give way for Mr Smide to afk leave of abl'ence
for one of his colleague#
Mr. Bafdell (poke at fome length, and with
much good fenfe, againft this new Sedition
Law. He oblerved, among other pertinent re
inaiks, th.it Mr. Rofs had himfe'f afforded a
(Iriking indance of the truth of his p* fmon,
that men m.Ay talk much without deliberation. I
It would require flronger argument •, however, 1
than thofe of the gentleman from Pennfylvania,
to produce an unpreflion upon an oil revolution
ary Jollier.
Mr. Gardinier,after fportivcly alluding to
the important difeovery of Slawkenbergius,
recorded in Triflam Shandy, of the caule of
the capture of Strafburgh, and to the no lefs
important difeovery of Ibedrich Knickerboc
ker, au-hor of the new Hiftory of New York,
of the Dutch Governor who invented the fa
mous method of fighting with proclamations,
proceeded to remark that he had not expected
a more momentous difeovery chan either in the
prefeut age, but fuch, indeed, the production of
no ordinary genius (Mr. R« fs) had appeared. It
was now dilcovered that Napoleon Bonaparte
afeended to the Imperial Dignity in confe
quence of the loquacity of the French Council
ot Five Hundred Mr. G. delivered a long and
animated lpeech againfl the new rule. [This
debate ought even to be more interefting to
the Publick than that upon Giles s Relolution ]
Mr. Bacon acknowledged that he had been
originally imprefied in favour of the rule, but
upon refledlion was convinced that it was im
proper and inexpedient He delivered a very
fenfible fpeech againlt ii.
ivir. Kois made another whig fpeech m fa
vour of the rule. He wiflied to put au end to
MIDN , GH r ORGIES !
Mr. Quincy, in an ardent fpeech, declared
that if the Houfe adopted the rule, a rule which
he deemed beyond its conftitutional powers, he
would difregard it, and the Houfe might take
what fteps it pleafed ? He moved an amend
mint, giving every member aright to fpeak
once upon every queftion. Mr. Tallmage
made fimilar declarations to thofe of Mr. Quin
cy. They both declared that if the Houfe
fhou'd enforce luch a rule upon them tuet
WOULD RETURN TO THEIR CONSTITUENTS?
IVbigt Rhea and Alfton oppofed Mr. Q’s. a
meudment. Wktg Smilie moved that the com
mittee rif^, which w>as carried.
If this meafure does not open the eyes of the
people to the true character of American De
mcciacy, what under Heaven will i
Mondat, Jan. 8.
Mr. Livermone moved the following refolu
tion
Re/dvef, That the Secretary of the Treafory
be dirtied to caufe to be laid before this
Houle, a copy of any inftruCtious ifl'ued to the
collectors cf the feveral diftriCts of the Uni
ted Sta.es, relative to refuftng clearances to
any private armed yrfleUofthc United States.
Mr Khea enquired what the gentleman
meant by the relolutioii >
Mr. Livermore replied, to obtain informa
tion.
Mr Eppes moved to amend the‘refolmion
by adding the words « during the prefent or
an\ former aduiimftration, to which the mo
ver acceded.
The Houre agafn ditidei, Ayes 61—Noes
21. Untried.
.
M . Ne’^»n r*r>o-t#d a rv'olubfcn for ratting
twenty thoufand volunteers.
Mr. Topes moved the Order of die F>ay uoon
rhe biit 10 receive the Mediterr *uean Fund.
M" Macon called for the Orderot the Iby
upon the bill reported by the Committee of
Fereign Relations.
Mr. Fpp»V call prevailed and the Houie
went into Committee
Mr. Defiia in the Chair.
No debase took place upon the bill. It was
reported without amendment, and ordered tor
a thiid reading to morrow.
Jtortlanfc,
Monday, January 22, 1810.
FROM SPJTX.
Capt. Coffin arrived at New-York,
from Lisbon, which place lie left Dec
3d, brings accounts that the Spanish
Patriots have again been defeated near
Madrid, with considerable loss, and
that the city had been burnt; but these
reports are not credited. Intelligence
direct from Madrid a few days anterior
makes no mention of a French army’s
being in that quarter The last offi
cial account respecting the war in
Spain, was, that the Spaniards had de
feated the French in La Mancha, and
driven them out of that province.
The last London accounts afford no
information of importance. No men
tion is made of xVtnerican affairs. Mr.
Lrskine had not arrived in England,
nor had any information respecting the
proceedings betwixt our Executive and
Mr. Jackson been received.
IVrst-Indies.—A powerful British
force is collecting in the West-Indies,
for an attack on Guadaloupe, which
will probably be made in February.—
On the i 7th of Dec. two French frig
ates arrived at the Island from Brest,
landed troops and military stores, and
sailed immediately on their return.—
Bonaparte appears determined to pre
serve the island ;—a number of vessels
have lately been ordered to sail from
various parts of Fiance with succours
for that place.
The fiolicy <f Virginia.— l'he legis
lature of V irginia has now' under con
sidttration a resolution instructing and
requesting the Senators and Represen
tatives in Congress, from that state, to
procure a Declaration of War against
England, and to recall Gen. Armstrong
from France. The latter part of the
resolution is intended merely to sugar
over the pill which these vvarhawks
wish the people to swallow.
What's the use ?—A bill has ben re
ported in the House of Representatives
of the U. S. for drafting 100,000 mili
tia—fush.
The question, will Congress declare
war against England ? is frequently
asked. Such has been the strange,
ruinous and inconsistent course of pol
icy pursued by our democratic rulers
for eight years past, that it is impossi
ble to say “ what a day may bring
forth.” One thing is certain respect
ing them—if we may judge them by
the past, they are great cowards at
hearts, notwithstanding all their blus
teiings and fuiminations. They no
more dare to give offence to Bonaparte,
il we may form an opinion from their
actions, than a slave dares offend a se
vere master. As to their declaring
war with England, it depends more on
the popularity of the measure, than any
other consideration. They begin to
find that the voice of the people is a
gainst it. I lie federalists in congress,
by their talents, their eloquence, and
their patriotism, have done much to
show the lolly and disaslious conse
quences ol such a mad scheme. An
other poweriul sircumstance operates
to prevent if, ^lr. IVlucon, and a lew
others, being the most respectable and
influential ot the democrats in congress,
are opposed to a wai with Tngland or
anv oilier nation. But the question of
war or peace rests wholly with the
people. Our democratic rulers 8c of
fice holders will practice more cunning
than /imia/i/r on this subject. If they
find they have gone too far for the ten
ure ot their places, depend upon it they
will back out, and change their tune.
It is also stated ihat the Cabinet are (it
\ivtd on this subject ; there can be no
j doubt of this, notwithstanding the con
trary is asserted in some of the demo
I cratic papers.
I he Secretary of the Treasury is
represented in the Aurora, as fit onlv i
to count and pile up dollars ; and the j
Baltimore American is not a little dis- !
turbed about intrigues in the Cabinet.
1 here is an old proverb which gener
ally proves true—u That when rogues
fall out, honest men obtain their rights" ,
Democratic patriotism —The Aurora
affirms that 42 or 43 members of the
last legislature of Pennsylvania, obtain-,
ed offices in return for the sacrifice of
their fluty Sc oaths. Duane has turned
“ states’ evidence” with a witness.
TIiC Source of our Dkaeullki
Developed.
I -•
1 “ Let us no more be led, through an adnur*.
tion of successful fraud and violence, to mu,;*
the excesses of an irrational, unprincipled, pr9.
scribing, conf seating, pturutenng, frroc„lMi
bloody ar.d tyrannical democracy.**
Burke.
THESE se!f-stiled republicans are tl*
persons who opposed the execution of Jap,
| Treaty, after it had received the sanctionuf
i Washington, and who loaded him with t',«
I bitterest reviling* and vilest asper-ions be.
cause he advocated it, and hi* ^phetic
mind then foresaw the difficultiei whk|,
would accrue to his country from not hav
ing an established treaty and a friendh un.
deratanding with England Yet these vep*
men now profess to follow the steps, and i*.
I vere the memory of him, who all his j,fe
time, was opposed to their Jacobinic [ .
I ceedings, ami on which account met with
; their severest denunciations. These are she
persons who were diametrically opposed u>
all the measures of his successor, be they
what they would j who excommunicated
him while President, for i is standi.ig ur
niics, his sedition and alien la\ , .u i for
his enmity to France. But now they re
ceive him into the bosom of Uni- fratemi
ty in full communion, and extol and practise
in a l'ar more despotic manner, the very
measures which he adopted. We hope our
fellow citizens are now convinced how ft.
tile were the hopes of better times which
were predicted to them on the accession of
Jefferson to the presidency. They must now
recollect, with what falacious expectation
they were gulled, what showers of
prosperity they were promised bv his fol
lowers, for the mere purpose of obtaining
their suffrages.
They indeed sowed in the full hope of an
abundant harvest of all these blessing.*, ami
with full purpose of heart enlisted at once
under the banners of delusion, and are now
left to reap the bitter consequences of their
misadvised rashness. Let any person who
has been induced to fall in with these senti
mems, candidly ask himself whether he has
not been deceived—whether the exjx-cta
tions of happy times, with which he was
promised, have been realized l Your con
sciences must decide in the negative.
You were to be favored with a redress of
those grievance* which the satellites of de
mocracy then informed you had been impo
sed upon you under the preceding adrtnini#
tration. You were to lie liberated fiorr. iji*
detestable burden* of t.*xes, from standing
armies,from expensive navies, from restraint
of every kind, whether of thought, word,or
action, which liberties were said to be
greatly infringed upon under the forme?
administrations. Every citizen should now
inquire, whether these predictions have
been verified, and whether their right*
have not been violated in ttye last and pres
ent administrations more than in those
which preceded them. Have they had no
tsxcs to pay these eight years past, and are
they likely not to he encumbered with any
for the future ? The Embargo, that fool
ish, unconstitutional measure—we say fool*
ish, because the designed effect* have not
been adequate to the cause ; because the
ostensible purpose for which it was impo
sed, viz. that of coercing Grcat-Britain, ha*
not been answered. As we observed, the
embargo had nearly swept oil the property
of a great majority of our citizens, and to
complete the devastation, we have the mel
ancholy prospect of seeing our country re
duced to beggary, an enormous tax raised
to support the government by reason of the
treasury’s being now entirely drained, in a
manner best known to those who have the
direction of it.
Soon after the beginning of Jeff'i s on *f
career, our national debt, was said, by hi*
partizans, to be continually diminishing, and
our treasury running over—“Where ar«
we now * Ah me ?—the ground is gone on
which we stood 1” If tins was really the
case, then we say the people have been de
frauded and most egregiouslv imposed up
on ; for even the small sum to which taxes
were said to be reduced, are now found in
sufficient to meet the ordinary demand* of
government. Gallatin on one band, is cfj
ing, no 'war—but a loan of millto is, »>r an
immense direct tax while the French de
magogue*, merely to gratify their-resent
ment to England, are beUowinir, “let loo-n
the dog* of war !”—Have we been more or
less encumbered with standing armies the
two last, than during the two former ad
iTimistratTons ? The people d mbtiess rec
ollect with what aspeiityof scandal, with
what infamous reproaches the administra
tion of Adams was assailed, becanse he da
red to raise a small army from prudential
motives. When toe trench t missariesH*
this country and their accomplices had fad
ed in their projects of ambition and rebell
ion by this strong measure, It was th?1* *
found necessary for these restless tag**
bonds to execrate the conduct ofwir rulers*
anil to obtain preferment* and oUkc*
putting down Adams and setting up in k**
place a gn/den calf, that they might look t*
him and live from all 'heir vices & cri*n*T*
which under any other government would
have been punished with death.—Heh**
raised a standing army—a numerous on®'
! and for what purpose ? \V> have been told
j that the avowed o' >ct was to repel *n ‘n *4 f
vasion from England Yet we ban* seev- i
that this was not the cause, but that it J