The Rhode-Island American, and general advertiser — Providence [R.I.], 1810-01-09 00:00:00, page 2

The mission to Russia. when considered
i* ail its views, docs not augur a sincere
disposition to conciliate Great-Britain—
and cannot be defended unless some per
son can shew, against the rx/irrss vote of
the Senate, that the measure was highly
necessary and expedient.
Another fact, the tendency of which is
to prove that our Cabinet hud no expecta
tion or wish that the arrangement with
Mr. Erskine ahould take effect, is the con
disct of Mr. Madison and of Congress at
the June session.
Mr. Madison, if you take Mr. Erskine’s
jfrst statement to his own government,
had assured that Minister, that if Great-
Britain would refleal her Orders,wo would
take tide with her against those nations
which kept in force Decrees infringing the
rights of neutrals and of Great-Britain.
When called upon by our government
to exp Kin, the submissive and suppliant
Mr. Erskine still persists that Mr. Madison
told him, that although he could not an
swer for Congress, yet that there was no
doubt but that Congress would honestly
fulfil this implied stipulation, and would
enforce our laws against the offending
power.
What was the fact f Mr. Madison not
only fails to recommend it in his speech,
but Congress neglect to include Holland
though within tbe British Orders, though
within the absolute dominion of France,
though enforcing laws injurious both to our
own t ights and tlVose of Great-Britain.—
What apology is made for this breach of
faith? Shall we say that Mr. Madison’s
suggestions amounted to no flledge ? Did
it not bind himself, at least, to the recom
mendation ? What is the excuse set up
for this violation of a private understand
ing? Mr. Smith tells us, that it was less
important to Great-Britain because Hol
land excluded us from her ports. Thia, if
it had been true, would have been a singu
lar reason for opening our trade with her,
but it was not correct.—She has ex
cluded our ships fteighled with certain
productions of our own country, unless
they came within the provisions of the
Dutch Decrees, which copied the De
crees of Berlin and Milan.
Thus We see that if the arrangement
with Mr. Erskine had been deemed by
Mr. Madison a serious one, he baa very ill
fulfilled the poor and narrow conditions
which lie had persuaded Mr. Erskine to
accept in lieu of those l to which he was di
rected to assent.
Let us now say a few words upon the
rejection of the agreement by Great-Bri
tain, for a few only, with the remarks we
have before made, will suffice.
Great-Britain would have had a right
to have refused to ratify the agreement
even if Mr. Erskine had flureued his in
structions, because he was not vested with
full flowers, and she would only have been
obliged to say to us that he had nu suffi
cient authority.
This is supported by the quotation from
* Vettel, made by our own Civilian. Mr.
Smith, and which is in fact, and is to be
presumed to be the strongest case he can
Cite.—FarfrZ says that, agreements and
treaties made In virtue of a full flower are
binding. Now this implies necessarily that
if they are not made in virtue of a full
flower, they nre not binding.
That the general letter of credence of
gben a resident Minister Plenipotentiary Is
not a full power, we have the testimony of
all the great civilians, but of none who de
scree so much weight in this case as that
» of the very learned Doctor in Law, Tho
mas Jefferson, whose authority we cited in
anole to No. IV.
But Great-Britain is not so mean and
ungenerous as to put her disavowal on the
mere want off power. She says, “ I will
not imitate yonr example in the case of
the treaty made by Messrs. Munroe and
Pinkney. The simple want of authority
Would not induce me to reject a treaty
just and equal. But I reject it because my
Servant broke his Orders. Whether he
broke them or not, la immaterial to you.—
It is that he had no power, and
you never even asked him whether he had,
which you know is the established usage,
and which usage you yourselves adopted
against our former Minister, Mr. Ham
mond. It is therefore, doubly unreasonable
that you should complain of a measure,
which I was, on two principles, both equal
ly recognised by the laws of nations, au
thorized to adopt.”
That Great-Britain did not, a* she well
might have done, repose,upon the general
incompetency of Mr. Erskine’s powers,
who not only did not possess a full power,
but of whom one government, contrary to
tbeir own firmer conduct, did not demand
any evidence of authority, we have the
declaration of Mr. Jackson, who states,
that although Mr. Erskine had no power*
to conclude such aa arrrangvtneiit, yet
that bis Britannick Majesty did not disa
vow hie agreement on that ground, but
solely because,though acting without pow
ers, he violated, in a gross manner, his
Inttructione. These instructions ar* now
before the publick. Every man knows that
they were violated, in letter and in spirit,
and our own government do not pretend to
deny thia point. Rut there Is one circum
stance worthy of notiqe.. Th* British Ca
binet had no confidence in the talents oi
Mr. Erskine—they not only bound him
down to precise terms, but they required
that even if these terma were comfiliet.
with, still that they should pot be held till
they ahould receive in England, an officio,
note, declaring the consent of our govern
ment to them. This was tantamount to n
positive reservation of a ratification. Shall
we be told, that our government did n<
know this? That the instructions wen
not communicated in extenao f I answei.
this is not the fault of Great-Britain. She
authorised her Minister to show them, and
we were bound by the law of nations to de
mand his authority, as we have proved by
the letter of Mr. Jefferson to Mr. Ham
mond.
This brings me to the last remark, which
I have to make in proof, that the agree
ment with Mr. Erskine was not sincere,
but was intended to be used as a source of
new difficulties, and to be the apology for
a rupture.
If that arrangement had been made bona
Ji de , and with an honest disposition to bring
about a solid peace with Great-Britain,
the disavowal of it would have been re
ceived as al! nations receive events of th a f
sort, without emotion or complaint. As
two perfect reasons, as we have shewn,
existed to justify Great-Britain, in reject
ing the agreement, for neither of which
was she accountable to us further than to
etale them, it was sufficient for her to make
this known to us through any channel. I
shall on a .future occasion, consider the
high mettled and fastidious ground taken I
by our government, that a special envoy . 1
should be sent with a special power,
a certain technical form of words, and
should make a formal procession to the
Capitol in a penitential sheet, to apolo
gize for an act which we and all other na-*
tions have done without any apology—in
short, to apologize for the neglect of pur
own ministers in not demanding Mr. Ers
kine’s powers.
But I cannot quit this part of my subject,
which is now completed, without one fur
ther remark, that it i* somewhat singular,
that our National Sensibility should be so
local or personal : That dhUe France is
allowed to kick us from Finland xo thepH
lars of Her culet, without provoking any |
other observation, than that the ’* fixture
of our affairs” is not changed, we should be
so extfemely sore—so tremblingly alive to
all the injuries of Great-Britain, that even
Shaktefieare, in his .Mercutio, has given us
but a tame sketclsiof our veritable senile of
honour. Whetrfr a proclamation shall be
dated to-day of to-morrow—whether an
I explanation is made through our resident
| minister—or the oflfcnding minister, or hit
successor, or whether, though the successor
makes the explanation, he uses a legal i
form of words for that purpose, and lastly,
whether, in stating what we admit to be
true, he adopts a larger word, or a more ,co-
I pious expression, or deduces an inference
I amounting to an intimation of an insinua
tion, is in our very valiant temper, suffi-
I cient cause for the dismissal of a minister
and for incurring the horrours of an inter
minable war.
I [to be continued.]
| —•<&«—-
IT SHOULD BE.**
Upon no account has the. success of de
mocracy been more deprecated by the fed
eralists than from the fear that a demo
cratick administration would eventually
break down all those bulwarks of order
|| ..nd decorum which it was the grand ob
ject of our Fathers to establish'. Our illus- 1
|| trious Ames, (than whom no man eVer.
knew better the motives which influenced
the democratick leaders,) long ago prcdict-
I d, that this was an event, which would
II most assuredly take place. Accordingly
II that disinterested Patriot and Statesman
|| spared no pains to warn his countrymen to
I beware how they entrusted such disorgan-
I ising characters with the administration of
|l heir affairs. And how have these predic
|| tions been fulfilled ? The people have
| thought fit to make the experiment. Not
withstanding all the solemn warningsand
admonitions of the American Burke, they
|| rleated Mr. Jefferson and his herd of fol
|| lowers to preside in the Council of the na
il tion in preference to their old and tried
|| friends; and one of the very first acts of
the new order of fiatriote was the fulfil
ment of federal firofihecy. The Judiciary,
that strong barrier to their disorganizing
|| projects was immediately attacked and al
| most laid prostrate at a tingle blow, and
in every State, where democracy has gain
ed a powerful ascendency, it has been the
constant policy of its rulers to destroy the
salutary influence of the Courte of law
I They are aware that however abandoned
| may be their conduct, it must necessarily
receive some check frynva regular trial by
Jury. Who then will wonder at their
deadly antipathy to every thing like law or
| order ? What culprit ever yet praised
I the candour or the equity of the jury that
condemned him? What felon
|| • “ E’er felt the halter draw ’
• Willi good opinion of the law
But although we have never been of that
numtier, who believed, that any argu
ment would restrain an administration of
democrats in their progress to universal
c/uiot, yet we must confess we were a little
surprised at hearing of a petition which
was lately presented to the Legislature ot
Georgia* a State where democracy Uaa
iong reigned in its true character. And
*hat, gentle reader, dost thou think waa
be purport nt thia “petition?" Why.
nothing more nor less than a motion “ to
annihilate the Courte q/ law of that State*
Much aa you are aatoniahed at the outrage,
we aaaure you, there haa been such a peti
tion ; much aa the correct citixens of New-
England may be thunderatruck at the
bought, we aaaure them it an undenia
ble truth.. Bedford Mercury.
HOUSE OF REPRESENTATIVES,
Thursday, Decicmbkb 28.
Nf r. Quimct was proceeding in a strain
of eloquence not often exceeded on thia
floor, when he was taken suddenly ill, and
was forced to sit down.
Mr. Gardenier then rose, and in a short,
but energetick and impressive speech,
urged the propriety of postponing the re
solutions indefinitely. Mr.Gardenier spoke
on the question of postponement only, and
to the consequences of the resolutions with
out going into a general examination of the
propriety of the President’s conduct In the
dismissal nf Mr. Jackson.
Mr. Pitkin followed Mr. Gardenier. and
in a very sensible and argumentative speech
went into an exatrtlnation of the resolutions,
proving their inutility and evil tendency to
the nation. He was proceeding in his ob
servations, when Mr. Wilson observing
that it was late, made a motion rf adjourn
ment, which was carried.
Friday, Decxmbbr 29.
Mr. Lewis presented the joint petition of
the Levy Court of the county, and Com
mon Council of the town of Alexandria in
the District of Columbia, stating that the
common gaol of that county was entirely
incompetent for the purpose intended, and
praying that authority may be granted for
the building of Kt»®w gaol ln that town,
and that an appropriation for that purpose,
may be made. Referred to the commilte
of the District of Columbia.
Mr. Taylor, from the committee to whom
was referred the letter from I. A. Coles,
reported that they had inquired into that
unfortunate afLir, and have found from
depositions on the subject, (which were
read,) that the said I. A. Coles did make
an outrageous andMnprovoked attack on a
member of this house. General Nelson,)
and did strike the said member. But that
he letters bf ,acknowledgement from >be
mid I. A. Coles, (which were also rendjj
rnght te be satlsfhctery to the
They therefore that no
proceedWlfca eg nKaubjtct are necos»sy.
Laid on th* table.
The oi ilef cf the day was called up, on
the resolathatfrotn the Senate. The mo
tion for indefinite postponement under con
sideration.
Mr. Pitkin concluded his speech com
menced yesterday.
Mr. Quincy continued his speech which
he commenced yesterday. He attempted
to prove tliat the insult complained of in
the resolutions, was not te be found in the
letters alluded to. But said he, supposing
that the insult was as clear as noon-day
and was known to be intended by Mr. Jack
son, is it wise—is it politick for us to pass
such a resolution as this ? It is said the
honour of the nation is at stake. Is thia to
heal its wounds? Is it for the honour of
the nation to use such womens* weapons ?
Mr. Gardenier again urged the indefi
nite postponement of -the resolution.
A motion of adjournment was made and
lost.
Mr. Livermore spoke a few words in fa
vour of his motion for postponement, when
a motion for adjournment was made and
carried.
Considerable conversation took place
upon a motion of Mr. Dawson to print the
report in the case of Nelson and Coles.—
Mr. Wilson opposed it, considering the
House sufficiently disgraced by hearing cer
tain affidavits comprised in it read, which
affidavits contain a specification of the as
sault. Mr. Gardcnier advocated the print-
ing, wishing to see whether the House
would pass over so gross an assault, com
mitted by a young athletick man upon an
old man, covered with wounds received in
the revolution, and a Representative of the
National Legislature when in session. Mr.
Alston said that the account of this affair
first published in the Independent Ameri
can was false, and though afterwards cor
rected in a manner honourable to the prin
ter, yet thousands had read the first publi-
cation who had not seen the contradiction
(The first account states that the attack
was made with a horse-whip, which w’as
not true.) Mr. A. said the truth ought to
go abroad. Mr. Upham observed that al
though the members were under a consti
tutional prot -ction in cases of debt, it
seemed that they might be assaulted with
impunity. Mr. Smilie opposed the printing.
Mr. Gardenier required the ayes and noes
when the motion for printing was carried,
76 to 25.
The House, upon a division of 58 to 36,
resumed the consideration of the joint re
solution from the Senate, censuring the
conduct of the British Minister.
Saturdat, December 30.
wctfrt.
Mr. Poindexter and Mr. Rhea, of Ten*
neisee, made long speeches in fhvour of the
resolution.
A circumstance of a singular nature
has occurred in the Legislature of North-
Carolina, during its present session. A
person of the name of John Clary, had been
elected a member of the House of Com
mons from the county of Pasquotank. He
was much opposed at the time of the elec
tion, on account ot a crime alledged against
him, of a nature too indecent to be here in
serted; he was, however, elected. The
House of Commons, conceived that bod)
degraded by such a member, and by a re
solution expelled him; of course*a writ
was issued for a new election, and strange
to relate he was re-elected, and appeared
again in the House on the 20th of this
month; on motion he very day
again expelled from the House, 68 to 2fi!
To those who regard republican insti
tutions, such an exercise of the right of
suffrage is painful. The only advantage
which an elective government has over
others, is the opportunity which it affords
of selecting the most virtuous and wisest
of the citisens for office; but if ignorant and
immoral men’ are elected, the advantage
is lost, and it moreover is an evidence of
the want of Virtue and intelligence in the
people, which are the chief supports of a
republican government; other govern
ments can be supported by power and force,
but a republican government depends for
support principally on the virtue of the
people.
The following communication has been
made to his Catholick Majesty’s Consuls
in the United States, and transmitted to
Mr. Erring, the American Charge de*
Affairs at Seville, by bis Excellency Don I
Martin de Garay, Secretary of the Su
preme Central Junta of Spain.
Thgt the Merchants and owners of Ame
rican vessels, trading to Spain and the ports
of her dominions, regardless of a Royal
Order to the contrary, and under the pre
text of the peace and good understanding
•now existing between Spain apd Great-
Britain, go unprovided with the necessary
certificates from the Spanish Consuls, to
prove |he exportation or origin of the pro
perty shipped; orders have been trans
' adlted to the respective Custqp Houses in
tip kingdom and ports of her dominions to
LMhuri «, certificate or certificates to that
'that no vessels be admitted to
aiApitry without procuring such a certifi
cate ; the motive for demanding such do
cument did not, as is supposed, originate in
consequence of the late war between Spain
and England, but for the better regulation
of our commerce at the Custom-Houses.
The Royal Order alluded to runs thus:
The King has been pleased to order, as
a general rule, that in all the Custom-
Houses in his Kingdom and the ports of his
dominions, certificates shall be- required
that will prove the exporution or origin ef
all goods, wares and merchandise intend
ed to be imported into this kingdom and
into the } orts of our dominions, the same
to be given by his Majesty’s Consul, in the
respective provinces or departments to
which district the articles of produce or
goods so certified shall have belonged;
and in cases where no Consul shall be
there residing, then to be procured by them
at the ports of exportation, with the gene
ral condition that for each separate arti
cle and owner, a certificate must be pro
duced, specifying the number of packages,
or chest therein contained ; and in every
instance of contravening this order, the
goods shall be confiscated.
Accounts from Nagles, as late as the
middle of October, have been received in
town -thia morning, announcing that all
American vessels at that place had been
seised, in consequence of orders just re
ceived from Paris. The writer adds, that
it is believed that similar orders have been
sent to Tonningen, St. Sebastians and all
other ports under the control of France ;
and he advises his friends to suspend then
commercial speculations to such places.
djourned to Tuesday next.
Extract <f a letter from a reefiectable
commercial Houec in .London, to their
correefiondentt in thia city, dated No
vember 2d.
" 1 hope the good sente of both govern*
ments will overcome war faction*. 1 must
here remark, in order to remove those er
roneous ideas, which 1 know prevail on
your side otthe water, of the efficiency of
embargo and non-intercourse measure*,
that it is seldom the subject of conversa
tion in this country, and a total indifference
prevails as to their repeal. Trade is very
flourishing; and I cannot give you a greater
proof of it than when I tell you that there
was an excess of one million sterling in the
customs for the last quarter. Notwith
standing all the impediments thrown in the
way of commerce by Napoleon, it will
flourish, and vent itself in other channel*
in open defiance. The trade to the eastern
part* of Europe ha* beta very great, and
PHILADELPHIA, December 28.
NORFOLK, December 27.
2Bp ttje JBailicr.
NEW-YORK, January 3.
FROM NAPLES.
even with France, smuggling is carried as
to a prodigious degree.”
“ By letters received by Estaffctte, from
Naples, I learn, that those American ves
sels which have arrived there recently,
have been put under sequestration, not
withstanding the Royal decree, admitting
them freely. Names of said vessels: schoo
ner Hamilton, Brown, of New-York ; shfe
Hercules, West, of Salem ; ship Augustus,
Moore,4>f Baltimore, having on board the
new American Consul; brig Sophia and
schooner Zephyr. You will readily under- •
stand the reason for the conduct of the
King of Naples, in perusing the late letter
of Champagny to General Armstrong*
which having been published in France,
will of course find its way into the United
States. lam assured by General Arm
strong, that previously to the non-ratifica<-
tion of the arrangement made by Mn Ers
kine, by the British government, a decree
was actually made out in Paris, totally re
scinding the famous decrees of Berlin and
Milan—but after it was known that the
British Ministry had censured the conduct
of Mr. Erskine, and refused to ratify his
arrangement, instead of a rescinding de
cree, we find the letter of Champagny ex
pressing the unalterable determination of
his Imperial and Royal Majesty in regard
to neutrals.”
Extract of a letter frota Paria, dated Oc-
I have been informed this day by my
Ariel, who has never yet deceived me,
that the President of the United States will
send a War Message to the House in the
course of next week. It is said that the
resolutions of Giles were brought forward
to feel the pulse of the House, and that they
are to be followed with preparations, if not
a declaration of war. The message may
not be sent until after the resolutions ar*
passed ; but that such a message will I*
sent there is very little doubt. I cannot at
this moment declare the amount of the
message, but suppose it will be to reedht
mend preparations for war.—l think that
a declaration of wag. will not at this time
be made.
Captain Wasson, of the ship Fidelia, ar
il rived here yesterday, sailed from Cadis
on the 10th of November. He informs,
Il that Lord Wellington was at Cadis, where
Il he arrived about the Sth November. Mar-
II quis Wellesley was about embarking on
| board the Donnegal, of 74 guns, and it was
expected he would sail immediately for
England. The Spanish Junta were still a{
Seville, and it was daily expected they
would do away the 40 days quarantine on
American vessels. Indeed the quarantine
was already limited at 8 days on all ves
sels from Boston and several other ports.
The' admisistratien party are very much,
chagrined to think the tesolutiona react
such opposition iq 'the House. The leaders
thought they had fixed matters so nicely
that they should have the united support
of the whole country. But they find they
were out in their .calculations, and they
will find that the/ifiust put off a warn
few sessions longer; the people are not yet
ripe for such a measure.
We have seen letters from Washington
as late as Saturday evening.- Congress
was in session, (which is unusual,) ch Sa
turday. The debate continued on Mr.
Livermore's motion for an indefinite post
ponement of G lie’s resolutions, but no ques
tion was taken. The House adjourned to
Tuesday, when it was supposed but little
I business would be done.
The despatches from onr Minister at
Paris, which were received by the brig
Happy Return, at this port, bad been re
ceived by the Executive. Letters from
Washington, which may be depended on,
state, that these despatches are of an un
favourable complexion; as Bonaparte has
renewed his assurances that he intends to
adhere to his former determination, that is,
if we do not join him aj-afasfEngland, he
will declare agmnat vs.
A Cabinet Council was held on Friday
and Saturday last; and it was supposed to
have been in consequence of the late news
I from France. It is asserted in two letters,
that on Tuesday, [yesterday,] the Presi
dent would communicate a message to both
Houses, in which he would recommend an
immediate preparation for war. In corro
boration of this, we find, in Pechin’s demo-
I cratick paper of Baltimore, the following
extract of a letter from Washington, to
the editor:
** The Executive, it is strongly asserted
and believed, will very shortly recommend
measures preparatory to a vindication of
our rights and honpur by the sword.”
On the 20th of November, when Captain
Hulburd left Lisbon, the British army, of
about 15,000 men, were on the frontiers of
Portugal. Lord Wellington, and General
Beresford were at Lisbon on the 16th Nor.
Three hundred transports were in the Ta
gus, with the Barfieur of 98 guns. Admiral
Berkeley, a frigate, and several brigs.
GREENFIELD, (M -s.) December-12.
MELANCHOLY EVENT. *9
Perished in the woods, on the night of
the Ist instant, Cyrus Gunn, aged ♦ years,
Prom our Correeftondent. ,
Washington, December 30.
tober 26th, 1809.