Portland gazette, and Maine advertiser — Portland, Me., 1810-01-29 00:00:00, page 2

irtc F wr temporary fit pula
tir n b • * it tr. plated or fome panic
U'ir V r not deemed of primi.iTy
imp >rr i-. e is to be arranged by agree
n ei.t ; if rhere be a rr 'miltcr already
r f: i.»g with* e i reign government,
the e is n**t always the fame f< rmat
i y with refpeft to the diffinct au
thority given to the miniffer. In
fi.ch a cafe, a patent of full power is
net nude out in ample form ; but
the proper officer of Hate defpntches
a letter of inftru£tion giving the dif
tinof authority neccffary for the pro
pofed nogociation Yet, whether
the minidtr undertakes to negotiate
in virtue of a technical lull power or
in virtue of a le.ter of inUruition, it
is proper :o exhibit his diftindt au
thority before figning any arrange
ment of Imputations, intended to be
mutu.^ly obligatory on the rcfpeOivc
governments He may fairly and
with perfect propriety be called up
on to exhibit fuch authority in cafes
where the terms are to be exprefsly,
reserved for the ratification of his
own government. But if the teTms
of engagement are to be deemed ob
ligatory and a£ted upon accordingly
as ioon as figned by the negotiators
and no ratification is referved, it is
more peculiarly proper for the nego
tiating minilter to exhibit the official
evidence of his authority to enter in
to Imputations. If he does not ex
hibit the evidence, it becomes the
incumbent duty of the other nego
1 i-tng party to call for it before the
conclufion of any fuch tarms of en
gagement, or to refufc to conclude
toe terms until the evidence is exhib
ited officially and the authority afeer
tained to be fufficient. In this cafe,
if the dittimft authority be not offer
ed or called for and found adequate, !
there is a miitake and of courfe a
failure in duty on the part of the ad
miniftration in concluding the en
gagement ; unlefs indeed the tranf
aclion may hare been underftood at
the time as not warranted by regular
authority, but expected to be confir
med as an acceptable project. I ex
prels mylelfin thefe terms, wifhing
to be itrictly decorous in manner
and believing the general principle
corrcdd—When an administration
enters into engagements or Stipula
tions with a foreign minifler, to be
immediately executed without refer-,
vation, it is incumbent on the admin
istration to require the official exhi
bition ot the dillindt authority of the
minifler for making the Stipulations ;
and if the term3 be concluded by
Signature and delivery before the au
thority has been exhibited and ascer
tained to be adequate there is a mif
take and of courle a failure in duty on
the part of the administration.
When therefore, gentlemen fpeak
of Mr. EriVine’s having competent
powers to make <he provisional ar
rangement in April, thev may be de
sired to produce the regular evidence
of the fadd. If the negotiation was
conducted according to the courfe of
diplormtick ufage and Strict proprie
ty, there is the regular evidence of
his being authorized to make the ar
rangement, and it can be produced.
If he had a patent of full power, a
copy authenticated by the minister
or a fecretary adding under him,
would doubtlefs be considered pro
per evidence to be depolited with
the archives in manifestation of the
autnority or me nrituii government
to conclude the arrangement. If his
authority was contained in any letter
or letters of inftruCdion, the authen
tick copy of luch authority would,
with the like propriety, be depofited
hi the Department of State.
The language of a part of the
correspondence refpe&ing Mr. Er
Ikine’s authority Terns to be groun
ded iti millake. The adminiftration
is fpoken of as not knowing the re
itriCtion of his authority. This lan
J
gu ige might have been accurate if he
had exhibited a full power giving
him authority to negotiate and con
clude Imputations : Becaufe in the
cafe of a fuil power embracing the
whole fubject of negociation, the
vninifter might be reftrifted in the
exercueof lus power by orders from
his government inftru&ing him how
to proceed and on what he might
conclude. And when he has reftric
livc inftnnftions for his own direc
tion and a fuil power to be exhibit
ed to the government with which the
negotiation is had, if he departs from
the inftrudlions, his own govern
ment, notwithstanding the formal
plenitude of Ins power, is conGdercd
as not bound to ratify his acts, efpe
ci.diy if he has departed from his in
in which the respective mimlteis in
filled with more firmnefs and perfe
verance on the claims, intertlls, and i
pretentions of their own govern
ments, and yet preferred towards
**ach other lo much decorum and
honourable attention in their official
and perfonal communications. Al
though Meflrs. Monroe and Pinkney
had full powers for the negotiation,
they had inllrudlions leparate from
thofe general powers, and by thefe
inflruciions they were reftri£led ac- '
cording to the fpecificd terms. In
acceding to the articles as they be
lieved expedient under the exilling
circumltances, they gave notice to
the Britilh plenipotentiaries, that
they proceeded to the fignature of the
treaty on their own refponfibility,
and that the letter of their inllruc
tiong did not warrant the arrange
ment in the manner in which it was
| made ; although he beleived the
efiential objects of their inllruclions
to be attained in fubllance for prac
j tical benefit to the United States,
; and accordingly they trailed that the
i terms would be approved by our gov
| ernment.
The Britifli government had not
juft caufe to complain and infift on
formal explanations merely becaufe
the treaty was difavowed in this coun
try, although the full powers of Mef
: frs. Monroe and Pinkney oa the part
of the United States, were exhibited
and appeared competent •, for the re
dri£bion contained in the inftruclons
had been fairly communicated to
the Britifli plenipotentiaries. Ac
cordingly the Britiill fccretary of
date, afterwards in his official note,
dating the King’s acquiefccnce in
the Prefident’s refufal to ratify the
treaty, did not complain on that ac
count ; but he adverted to the fail
ure of conforming to indruetions as
a matter between the American gov
ernment and its commidioners.
On the fubjtdl of that treaty,
however, there i* another inquiry
which concerns ourfeives, and on
which the Bririfh government can
I have no r:ght to lay any thing ; for
it is not their concern, but ours exclu
lively. The inquiry is, whether the
treaty was not of fo much impor
tance, concluded after fo much dif
culiion, and by fuch perfons, and un
der fuch circumdances, that it ffiould
have been lubmitted to the Senate,
who might have advifed its ratifica
tion unconditionally or on condition
of fuch modifications 3s, after full de
liberation, might be judged belt for
$
BnicLons on a Tub feel of .* v.rtance
to the honour or rights which he was
inftrufttd to maintain. But in the
cafe before us, where can we find
(ufficirpt reafon for fpeaking of the
reflriclon of authority as being un
known? There docs not appear to
have been any reflri&ion, except
. what was inherent in the nature ot
I
the authority. The fame dcfpalch,
i the letter of infraction, have the
authority and defined the extent.
In the nature of the thing, the min
; ifler could not have more authority
j than was given to him t and he
neither was nor could be authorized
J to aft beyond the extent ct his au
thority from w-hat is called the retlric
tion ? If, before, the negotiation has
been concluded according to the
principles of publick law, the evi
dence of the authority, luch as it is
exifled and appeared in fadl, neither
more nor lef9, can be produced
Unjefs there be fome evidence of a
diftinft authority oftenfibly compe
tent to the arrangement, where is
the propriety of infilling on explana
tions as if there had been apparent
authority ? Explanatian is cbvioufly
: due where the miniller has exhibited
, a competent full power on the faith
: of which an arrangement has been
I concluded if his government difa
i vow s the arrangement becaufe of de
parture from inftruftions oil points
important to the povernment. The
violation of inftru&ions, and the im
portance of the matters refpe<fting
which they have been violated, con
ftitute the bifis of the proper expla
nation, to which nrav be added pro
per compenfation for the failure,
with dne attention to the time and
manner of making the explanation
The cafe of the arrangement with
Mr. Erlkine has fometimes been
compared to that of the treaty fign
at London on the 3ill of December,
1826, by MelTrs Monroe & Pinkney.
But the cafes are materially different.
That negotiation was condudled
with obfervable propriety and deco
rum by the negotiators of each par
ty. Perhaps no c fe is to be found
Chefapeake, and to make known the
determination of his Britannick ma
jcfty to fend an envoy extraordinary
with powers to conclude a tieary on
all the points between the two coun
tries j but moreover, to fignify his
willingnefs, in the mean time, to
withdraw his orders in council, in
the perfuation that the intercourfe
with Great Britain would be renewed
on the p^rt of the United States.
“ Thefe fteps of the Bririlh gov
. ernment Jed to the corrtfpondencc
and the proclamation now laid be
fore you *, by virtue of which, the
commerce between the two countries
will be renewable after the tenth day
of June next.”
\_Eo be continued.]
»
tip spails.
A SEW HISTORY.
IT is inten led, should Divine Providence
permit, to publish, in the Freeman’s Jour
nal, at the close of the present session of
Congress, and not before, for want of time,
and other good reasons, an extended Series of
Letters, addressed to the People of the U
Slates, in which will he traced ihe origin
and character of French Influence upon the
affair s of the U. States, during t he Admin
istration of Thomas Jefferson This work
will involve such statements of Facts, and
sketches of Documents and Debates, hither
to concealed from the Publick, both in the
Executive and Legislative Departments of
lire Government, as may he published witlk
. out a violation of the constitutional privileges 1
of those departments. What those “ con
stitutional privileges’* are, the writer must
of course decide for himself, ia the first in
stance, and the Government will have a
right to m<.kc a “ a constitutional” decision
upon the subject afterwards.
11 ■ wirier is aware ot the immense res
ponsibility which is attached to a ta.sk of
this description. But having calmly reflec
ted upon it for a year or two, and having
satisfied hit conscience, he lu a of coursw
made up hit mind, as to the course to he
pursued, and will pursue it, regardless of
every possible consequence—Our country
must be saved f.om sunjection to the influ
ence of a Foreign Power. And he cannot
be a real patriot who is unambitious of self
devotion in the great anu glorious cause of
its Salvation !
One or two letters will appear in each
week, and the whole time of publication
will probably not fall much short of a year
F> ct man's Journal.
Xj* As th;s Contemplated history will be
from the pen rf a gentleman who, to the advan
tages '/having been a Member of Cargress,
lias been mare acquainted with democratic sec
,ets which have been concealed from the Feiler
alists, we shall hope it will be read and pondered
an, by those who cantmue brethren of the family
oj vt'iich Mr. Elliot has bitn unimportant
♦ d intelligent member.—Centinel.
1 he American vessels which enter
ed the harbour of Naples on the faith oj
a promise of the King—and which ves
sels had violated no law or decree, have
had their cargoes sequesftrd—and are
not permitted to sail again themselves
without giving bonds, probably that
they will not be taken or spoken by a
British cruizer 1 \\ hich they cannot
prevent if they should fall m with a
j British vessel disposed to speak or de
j tain them.
In the .lu jtnx, II higy and other pa
»
the U. Stases ? Whether the alT..ir*
of the country have not lmce been
changing iroin bad to worle, inftead
of fccuring more beneficial term* or
any terms whatever
With a view to the get end fub
j eft of letters of credence and the
diftinft authority ot publick minif
ters, I will now refer to examples in
the hiftory of our own government
without detaining you by citations
bom the works ut foreign writers on
publick law.
The firft authsrity to which l
now refer, is the authority of prefi
dent Madifon as prtlider.t of the U
nited States. I propofe to fhow,
that prior to the prefent fefiion of
Congrefs lie believed it proper that a
publick minifler plenipotentiary hav
ing, letters of credence fhouid alfo
have a diftinft authority to enable
him to ftipulate in behalf of his gov
ernment. With this view I refer to
the Mefiage from the Prefident of
the United States at the commence
ment of the laft felfion of Congrefs.
In that Mefiage, there is a claufe re
lative to the purport of certain in
ftruftions for our minifters at Lon
don and Paris ; and then immedi
ately follow the exprefiion, which I
will now read.
“ Soon after thefe inftruftions
were defpatched, it was found that
the Britilh government, anticipating,
from early proceedings of congrefs at
their fefiion, the ftate of our laws,
which has had the effeft of placing
the two belligerent powers on a foot
ing of equal reftrictions, and relying
on the conciliatory difpofition of the
United States, had transmitted to
their legation here, provifional in
ftruftions, not only to ofi^r fatisfac
tion for the attack on the frigate
prrs, which like Sempronius, are
bellowing out J'ur w *«, the house o*
: Representatives are denounced as a sc’
of imbecile, timcseiving popularity
seekers; and that the hope» of l,lC
j nation now rest on the Senate ! 1 hete
a,e many who well remember the
time, when these same sort of folks de
nounced Senates as the rags cl aristoc
mev, and even as Publick Nuisances.
i -1
The present cold weather lias made a
considerable improvement in female
| tactics. They have now actually gone
so far as to ■* re-cover arms.
t
I 1
Monday, January 29, 1810.
Out last accounts from England are
to Nov. 25, but no information of im
portance is received. Mr. Erskine ar
rived in England, Nov. 24-. The rup
ture of the negotiation with Mr. Jack
son was not known at that date.
It is s ated that Walcheran is to be
evacuated, and that Sir Richard Stra
chan has beer appointed to superintend
that service.
The British government have lately
sent large supplies of military cloth
ing to Corunna, for the use of the
Spaniards, and also military stores of
all kinds to the British army in Portu
gal.
By the last accounts from Spain it
appears that the patriots have been suc
cessful in one or two partial engage
ments with the French usurpers, but
not to that extent which warrants a be
lief that they will eventually be able to
preserve their country from foreign
domination. That the brave Spaniards
will be compelled to wear the yoke of
Bonaparte, has been our uniform opin
ion ; and as enemies to a war which
must end in defeat, we think the soon- ’
cr a stop is put to the effusion of hu
man blood, the better.
Admiral Cochrane, who is to com
mand the expedition against Gauda-!
loupe, has arrived at Barbadoes. The
French force at Gaudaloupe is stated
at 8000, including all colors. The
English force collecting will be suffi
ciently strong to render success pretty
certain.
RUSSIA LT TURKET.
Hy the last accounts from Constantinople
it is stated that the Russian arm;, was with
in four days march of that city ; and that
French influence was gaining an ascenden
cy in the Divan i^ihe Grand Seignior.
- 1
\ letter from Stockholm informs that
Col. Burr was in that city, living in gn: t
intimacy with the king and nobility, but
w*s soon to proceed to Fans.
French “ friendships Id British
“ nimitys /
The IT Y. Gazette mentions the receipt
of a letter which states that tiie Polly, capt.
E. Perkins, of Castine, a prize to he French
privateer La Tilsit, was recaptured by the
British armed brig Salomine, capt. Wilkin
son, and restored to capt. P. who was on
board his vessel when she was recaptured
It is further stated, that the Tilsit, after
committing this act of hostility, arrived at
Norfolk as a national tr*te/, lrom whence
she went to Baltimore, obtained supplies to
go again up< n her “ useful labors.” Was
the British brig to enter our ports, she
would be “ordered on'.’* This is Mr. Jef
ferson’s doctrine of “ equal and exact jus
tice to all nations.”
C'OAGRESS.
Mr. Macon's bill for knocking off the
shackles ot the non intercourse law is
put to sleep for the present. Mr. Bur
well has promised to offer some thing
as a substitute ; but the order of the day
with our democratic rulers appears to
be to do-AO Til IA G. After hav
ing for ten years run the round of po
liiical evil and ruin, they are found to
tally incapable of retrieving the coun
try Irom that disastrous situation it has
been plunged into by folly and ignor
ance.
1 he “ Gag" Rale which the demo
crats attempted to introduce into Con
gress has met with a formidable oppo
sition even from some of their own
party. If it should be adopted and en
t orced, there will be an end to the free
dom of debate and the liberty »t speech.
But we cannot yet believe the time is
now come that the bawlers of “ liberty
and equality” think their plans suffi
ciently ripe to throw off the mask of
political hypocricy, and play the tyrant
i*> full ; if ihey are, we are confident
the people will soon correct the proce
dure.
MASSACHUSE TTS LEG IS LA TURK,
Met last Wednesday agreeably to ad
journment. On Thutsday the Governor
met the two branches in convention and
delivered his Speech—it was received b\
the mail on Saturday evening, but riot in
season for this day’s paper, it will be giv
e* in our next. b
TOW A OFFICERS.
The provisions of the law for the e
lection of town officers requires that
the votev dial! have paid a pc’! tax arid
' deduce some facts in themselves incomro.
i vertable, and conclusive teasoningg frtlf8
! those facts, why an insolvent act, in th '
; Commonwealth, would not only be a u te
and salutary, but a tery just and necesnij,
measure. Although the national bankrupt
law was very imperfectly administered and
the effects of the debtor were almost whol
ly absorbed in the expences of the commi*.
si m, yet, even from a law thus shortly and
badly executed, we can recite instance*
productive of such consequences as will not
fail to afford delight to every feeling auc»
humane heart. M^n in wretchedness and
despair, borne down by the oppression of
misfortune, have been raised to affluence
and pienty, and have now become member*
useful to themselves, their families, and
community. Nor are these instances soli.
Utry—hundreds mav be produced witlna
our own fcen ; and instead of their remain,
ing paupers of a pa. ish or a tax on the pub.
lie, they have by their industy and enter,
prize pm sufficient in store to secure from
indigence and want and the insensibility of
a heedless world, those who may hereafter
become their dependents, their widows St
orphans. Had not relief been graciously
extended by the national bankrupt Lw,
what would have been the condition of
these unfortunate men and their dependant
families ? The father might have the liber
ty to ask alms from door to door. The wid
ow and orphan destitute and unprovided,
must become the charge of your towns uc
of your charitable institutions.
In point of utility and justice we produce
the following reasons. When a man’s af
fairs are involved aad threaten a state of
bankruptcy, the avaricious and unfeeling
creditor, ever watchful and ever jealous
or fearful, is sure to be the first and lore
most to deal the death blow to the strugg*
ling victim. He seizes on all goiais, chat
tels and estates—he is secured principle,
interest, and accumulating costs. This
keen eyed miser exults in the ascendency
he has gained, and having thus pounced oa
his prey, proudly bears il off, sneering a*
his credulous and unfortunate neighbor,
who, with more confidence, more feeling
and humanity, loses every dollar of In*
equ dly just debt. Dark as is this picture,
such is the world, or such are certain mem.
bers ot it. The injustice and nequality of
the law of attachments must he obvious to
every ona. It destroys confdcnce and
leads every man to suspect his neighbort
and this want of confidence has been lbs
destruction of snanv a solvent man, posset
mg more than sufficient in ibe ordinary
current of business to satisfy all Ins debts.
He wants ready cash—it is whispered that
he is embarrassed—it flies like wild fire—
the alarm spreads—an attachment is issu
ed h.s credit destroyed, and Ins effects
soid under the hammer of an auctioneer, at
naif their true value.
A bankrupt law raises thos^ who havt
fallen, and saves many who would otherwise
drag out an uncertain and anxious life. It
places on a just and equal footing every
creditor—the man ot feeling and vlie miser
divide and share alike. A debtor becomes
insolvent, he is so declared by the.law—he
makes, under solemn oath or affi raajion, a
surrender of every thing real or personal*
under penalties the most just and severe,
if lie does not nuke a full anil fair disclo
suie. rew 'here are, we trust, who would
be gailty of the most abominable perjury
lather than to pay their just and honest
debts. It there be any, such, Ihe law may
>e so constructed as to delect and punish.
Hut admitting that there are those, who,
i egardless of their present fame and iheir
eternal welfare, should attempt a fraud of
tins sort, still this cannot operate as an ar<
go merit against a law, which, to say the
least, would benefit thousands of men of
honor, integrity and principle, where it
w -uid shield a single rogue. An honest
man who needs the benefit of such a law,
wdl never complain of the severity of its
penalties—tire more severe the l etter, and
less liable to abuse Protect the honest and
unfortunate guard agai.,st the usprmci
p’e 1 and wicked.
Can any thing be more iniquitous or un*
just, than that one creditor mould seize <-n
all the property of a debtor, to the inure
exclusion of all the others ?—It is maintain*
u * * f.n ins*°lvent act, equally to protect
the creditor from fraud, and the debtor
from oppression, would remedy this very
evil v:hoU). If a law of this kind in
o,n own state lias heretofore been consid
ered inexpedient—if the former general
prosperity of its members rendered it un
iiectssaiy, such is not fhe case now Ova
mg to the unprecedented calamities of the
times, glowing out of our foreign relations,
and the undue practice* m our baniflngsvs
tein, evil us accumulated on evil, wind
not a few, but a very considerable portion
of our tcliow cni/tns have, from cau^i un
foreseen and unavoidable, been *o reduced
ni liieir esta.es, that their cred/t has bed* ,
■le»t.roved ai:>, they sl ipped of every thing
diey possessed; and yet, on account of tl-c
inequality of tfie law of attachment, but a
very^rnaH part of their debts are ^atblicda
Naked • they are, and in debt, hoar are
t.iev evei again to i»se in the world, cv «; f
hv the intci Terence of our Legisiatu-rf —
\\ id t!ie clemency of tb'ir credit surfrr
;L*iS:,!L J 11 ? Manythw* a.c >fg r.-tr s
two thirds of a poll tax er . r [
prcM-m or preceding ytal, htf»1 !''
1 30ifi day o‘ tins month. i H ,* "p
last June, requires no ir w <|ualific ■
in point of property, it only ^
that the c!d law shall not he Vt-n- 1 ‘5
a mere dku) lei i lh, and that StJJ'* ^
j men, assessors and collectors shall c
their duty, or incur certain i>enaitivt/" 1
-^////«^
Communications
I
j FOIt THE GAZETTE.
"■ HI ■
THE INSOLVENT DEBTOR
I . HU)!A?n'Y is the parent of evilly
tion. Civilization begat laws whereby „
mutually bound themselves to be ^m;rn eJ
The intention of u civil compact w«s l,,,/'
to restrain tlie licentious and protect i ^
unfortunate ; to guarantee to it ? member**
liberty and security. Security is prop, ,r ’
and personal liberty. In a republican tbrii
of government, and more especially iTl 0u *
the laws, righteously administered, ,’
all, equality of rights.
The obiect in this (‘nmirinn'.mt;.. • .