United States oracle and Portsmouth advertiser — Portsmouth, N.H., 1803-03-26 00:00:00, page 1

The fallowing Circular LEtrEßfrom
th Honourable John Stanly, Member of
Corirefs from the State of North Carolina,
to /// C&rfduents, exhibits a candid, jud,
and concifeflatement of the proceedings of
®ur National Legidature during the lift
fefiion. A review of the tranfaclions of this
Body Should be frequently had,for their ads
of folly andaueaknef, have been so multifa
rious, and have proceeded in fucb rapid suc
cession, that those which are puffed are obli
terated in the consideration ofthefe conflant
ly ari/ing. Mr. Stanley has presented this
fejefl in a manner which will deservedly
command the attention of every one, felici
tous for the concerns of the country.
CITY OF WASHINGTON,
March 1, 1803.
DEAR sir, B .
A T the close of a feljion of congress,
I cannot feel that I save dis.
charged my duty until I have inform
ed those whose interests I represent, of
such proceedings as may concern therf!
ft know. This duty I now meet with
pleasure. In difeharging it, 1 shall a^
vow the opinions I have entertained,
With the fame candor audfre/om, with
which I have given them here : per
suaded that next to an honest exertion
of the mind to decide tight, an inde
pendent communication of sentiment is
the most acceptable offering from a re
presentative to his constituents.
.The attention of congress was early
called to a 66 violation oil the part of
Spain, of the treaty between the Unit
ed States and the king of Spain," To
underftaad this business, you will re
collect, that Spain holding the territory
On the Weft of the Miffifippi, extending
to the Gulf of Mexico, and on the East
of the Miffifippi fouth of the Southern
boundary of the United States, in the
31 deg. of N latitude, is consequently
proprietor of both Sides the mouth of
the river. The great difficulty, and in
fad the impossibility: at some seasons of
afeending tire river MiTifippi inTea ves
sels to a height convenient tq receive
the produce of our Weftern Slates,had
convinced the United . States of the ne
cessity of obtaining. from Spain the
light to deposit our produce on their
territory, from whence it was conven
iently acceihble by our Ships ; and also
Os securing to them, the free use of this
highway to market. These objects
were obtained by the treaty concluded
with Spar the 27th day of October,
r 725' by the zid article of which it
stipulated, “ That his Catholic Majesty
will permit the citizens pt the United
States for the: Space of three years to
deposit their merchandize and effects
in the port of New-Orleans, and. to ex
p r> them from thence without paying
any other, duty than a fair price for the
fire of the stores b and his majesty pro
mises either to continue this permission
if he finds during that time that it is
not prejudicial to theinterefts of Spain,
or if he fliould not agree to continue it
there, he will affgn to them on another
part ofthe banks ofthe Miflijippi, an equi
valent eftablifoment.". . It was now ftig
gefted that our ships had been excluded
from New-Orleans, and the ^ight of
deposit prohibited. No information on
this fubjecr being given in the message
of the President, the House of Repre
sentatives on the 17th December, 1802,
by resolution requited the President
66 to cause to be laid before the House
such information in the poffefl:on of the
Department of Rate, as relates to a vio
lation on the part of Spain, of the 22d
article of the treaty of friendship, navi
gation and limits between the United
States and the king of Spain." .From
the communication of the president in
gonfequence of this resolution it was af
€ertained that the Intendant of New-
Orleans, the officer intruded with the
commercial concerns of the province,
had by proclamation on the Octo
ber, 1802, .interdicted, the American
right of deposit av New-Orleans, with
out aligning any other “ equivalent ef
taldifhment." It was also know.th^t
the Governor General of Louisiana at
NewXkJeanfrdidmot condemn, fout ex
plicitly vindicated the meafute. This
aa, direaly violating a solemn treaty ;
producing an immediate immeufe loss
to a great portion of pur citizens, and
viewed by many as the commencement
of measures intended to deprive us of a
pl:ce of depofit,and to abftru& the free
navigation of the river ; rights essential
to the ptofperity of the Weftern dates ;
'- -FEDERAL Gi^mOTr^^
Wittes States ®ra^ and
Portsmouth Advertiser.
FORPrinted Published every Saturday Morning, by Will'm & Dan'l. Treadwell.
^l. Xill.\ SATURDAY, March 26, 1803. LII& Pricf o^r on, rI D Ar " ''
J °' COLLAR AND FIFTY CENTS PER ANN. [No. 24
Ch ALL THE DISPOSITIONS AND HABITS WHICH LEAD TO POLITICAL) fhADVFPTiQVVPNTC ~ — —
PROSPERITY, RELIGION & MORALITY INDISPENSABLE > J rea^fy^d c^^^ inserted—Co^nv
^^^s—WASHINGTON', teacr. 1 W [ ^X '™
This resolution was opposed —That
the province of Louisiana had been
ceded by Spain to France—that this
ceffipn, if carried into effect, .woUld
change the afpeCtof our foreign rela
tions, and therefore entitled to Weight
in legifla,tive deliberation, were facts too
deeply interesting to the United States
to have escaped notice even though
they had not been pressed into the view
of the legislature and recommended to
their attention by the high authority
and folemu fandion of the President.—
An opposition therefore to a call for
information —A call refpeCtful in its'
terms, submitting the extent of the
communication to the judgment of the
President, was not to have been ex
peCted, The majority of the House
difeovered strong jealousy of this reso
lution, and after various unfuccefsful
attempts to have it considered, it was
at length taken up and rejected. In
discussing this tefblutioil much extrane
ous foatter was introduced ; —the on
ly arguments which I could difeover
against the adoption of the resolution
were, that such an inquiry implying a
suspicion of unfriendly or improper
conduct on the part of Spain towards
usrmight irritate that nation; and that
negociations were about commencing
between our government ^nd Spain
and France. The doctrine advanced
on this occasion, that although the
tranfadions of a foreign nation Shall
be.folemr.ly mentioned by the Presi
dent in an official communicator, as
changing the afpe& of our foreign re
lations and entitled to weight in our
deliberations ; and although measures
highly injurious to our rights and in
terests, and probably a consequence of
this transaction, have been adopted,
yet thata fear to irritate shall oblige
us to forbear from enquiry ; to Shut
pur ears to any information on the Sub
ject, left we difeover a suspicion of un
friendly designs, that in fad (for it a
mounts to this, we Shall never prepare
to meet an hoftiie design, until it it
known to us by its execution,'' is a
doctrine not only novel, but too palpa
bly dangerous to be admitted as the
real objection ,to this resolution—As to
the objection on tileground that nego
ciation was about, commencing, let it
be conceded that-the direction of nego
ciation belongs solely to the executive,
does it result, or can it be seriously can
tended that' Under our government the
determination of the Executive to ne
gociate, takes from the legislature their
constitutional power of . considering
what measures are necessary for the
public welfare ? Such a dodrine can
config only with a Supremacy in the
Executive—a do&rine at variance u Ith
the fundamental principles of our gov
ernment. If the cefljon of Louisiana
was a. Subject not proper for the consi
deration of Congress, why was it men
tioned indie message ? And if this con
sideration was rendered improper by
the intention to negociate, why was
that intention never communicated ?
The belief that there were yet other
objections to this resolution not advanc
ed by its opponents forces itfelf on the
mind, and is Strengthened by the cir-
affected too deeply the honor and in
tered of the United States, not to merit
the earlied and mod serious considera
tion. The claim of this fubjed to at
tention was rendered peculiarly strong
as connected with the cedion of Loui
siana by Spain to France, placed with
in the notice of Congress by the Presi
dent's mention of it in his message “ as
making a change in the afpeC tof our
foreign relations, and entitled to just
weight in deliberations of the legislature
connected with that fubje&" To enable
Congress to act with understanding on
this fubjeCt, and to judge what mea
sures, if any, were necessary to be taken,
Mr. Griswold, on the sth of January
moved the following resolution :
“ Refolded, That, the President of the !
United States be requeued to direct .the
proper officer to lay before, this House,
copies of such official documents, as
have been received by this government,
announcing the cession of Louisiana to
France together ttith a report, explain
ing the dipulations, circumstances and
conditions under which that province
is to be delivered up—unless such docu
ments and report will, in the opinion of
the President,divulge to the House par
titular tranfa&ions not proper at this
time to be communicated."
cumftance, that in the resolution of
17th Dec. the tranfaCtions at New-Or
leans were,without fearto Hitate,open
ly and properly called " violation of
our treaty on the part ox Spain." Sure
ly too, the. President would not have
hazarded the public fafety 1% preffng
on our notice in a public communica
tion, a transaction deeply interesting to
our rights and inteietts ; but which
was covered with a veil not to be raised
but with danger or indelicacy. The
president knew it to be his duty to ac
quire information on the fabjeft —to
presume that he has not done so, would
he to reproach him with reprehensible
indifference to, and neglect of our in
terests. Yet improbable as the sug
gestion might otherwise be, the circum
stances go far towards compelling a
belief, that the President had neither
fought or obtained any official infor
mation on the fubjeft, or that his en
quiries had not been treated with that
refpe&, which is due to the American
Ration ; and that a rejection of the re
solution was resorted to as the only
mode of Yielding him from the morti
fying difclofcre.. Mr.: Griswold also
moved the following resolutions :
Refolded, That the people of the
United States ate entitled .to the free
navigation of the river Miffuippi.
4 " Refolded, That the navigation of
the river Mi^fippi has been obtruded
by the regulations recently carried in
to effect at New-Orleans.
" Revived, That the; right of freely
navigating the riverMilEfippiought nev
er to be abandoned by theUnitedStates.
“ Refolded, That a committee be ap
pointed to enquire whether any, and if
any, what legislative measures are ne
cessary to Secure to the people of the U.
States the free navigation, of he river
MiffiAppi."
^Thefc w^re not acted upon, the ma
jority refuting to take the motion into
consideration. The following resolu
tions on the fame [abject were after
wards agreed to with clo^d doors—
" Rejolved, That this Houle receive
with great- sensibility the information
of a .difpohtiqq in certain officers of the
Spaniffi government at New-Orleans,to
obstruct the navigation of the river
Miffifippi, as Secured to the United
States by themoft Solemn Stipulations :
" That adhering to that humane &
wife policy which ought ever to char
acterise a-free people, and by which the
United States have always profeSfed to
be governed ; willing, at the fame time
to ascribe this breach of compact to
the unauthorised misconduct of certain
individuals, rather than to a want of
good faith on the part of his catholic
majesty ; and relying with perfect con
fidence, on the vigilance and wisdom
ot the executive, they will wait the iw
sue of such measures as that department
of the government Shall have pursued
for averting the rights, and vindicating
the injuries of the United States; hold
ing it to be their duty, dt the fame
time to express their unalterable de
termination to maintain the boundaries
and the rights of navigation and com
merce through tfe river Miffifippi, as
eftabliShed by existing treaties."
To these resolutions it was objected,
that the foft language of “ sensibility"
was inadequate to the expression, by
the reprtferaatives of a free people,
of the national sense of a great national
wrong. That the resolution discov
ered a timid disposition in calling that
a ^ disposition to violate” our treaty,
which was proved to us to be an a&ual
and avowed, not a contemplated or
fufpeCted, infraction of the treaty. —
That it contained a declaration of "per
fect confidence in the wisdom and vigi
lance" of the executive,, and determi
nation to wait the issue of measures
pursued by that department, at a time
that, we had no knowledge whetherany
measures had been taken, and that it
pledged the United States to wait the
Tefult of negociation (the only measures
the executive can pursue without the
authority of cotigrefe) when the inter
est and Safety of the United States may
render such delay dangerous, and de
mahd meafares,if not of action, at least
of preparation.
.Nothing urged in' answer to these
objections had the effect of obviating
them in my mind. A Separate ques
tion was taken on the different mem
bers of this resolution. Although ma
ny thought them liable to the objec
tions I have dated, and would have
preferred the adoption of those moved
by Mr. Griswold, yet they united in
tile vote in favour of fitch principles as
accorded with their own. The declar
ation ot a tense of the wrong ; the dif
pofitinn tc adhere to that humane and
wife policy which ffiould always char
acterize a free people, and by which
the United States had always profeffed
to be governed; and the determina
tion to mantain the rights of bounda
ry and the free navigation of the river
Miffifippi, were unanimously agreed to.
It was moved to ilrike out the declar
ation of perfect confidence in the wis
dom and vigilance of the executive,and
the determination to wait the issue of
such measures as that department Jhall
have pursued. On this question I vot
ed in the affirmative ; because the sol
emn vote of perfect confidence on an
occasion where no such expression was
necessary, and on a fubjeCt where the
language of compliment or servility
ffiould not be heard, is only due to the
exertion of those qualities in measures
knovm and approved : Whereas in the
prefect case, To far from measures be
ing. known, and found to merit ap
probation, we were left to Conjec
ture whether any had been taken.—
Indeed the rejection of the call for in
formation regarding Louisiana, ascrib
able only to tfo^ neglect of the executive
to provide any ; the want of official in
formation what measures had been a
dopted, and the appointment of a min
ister extraordinary to negociate on this
fubje& not until after these proceedings
in the Houfe,.warrant the opinion, that
at the time of this vote of confidence,
the Executive had nbt ever, taken those
measures which his own judgment fug
gifted to be necessary. In fuppurt of
this blindfold vote cf confidence it was
argued that it was the theory of our
constitution to aferibe'" wisdom and
vigilance" to the,Executive in the exer
cise cf powers confided to that depart
ment. Permit me here to remark that
it is the theory of the British govern
ment to attribute such "p- r f e ^ wisdom
arid vigilance" to their King that it
has become a mazim of their constitu
tion “ that the King can do no
wrong." If the theory of our consti
tution be as advanced on this occasion,
it differs but in found from the deformi
ty of the British ; Ind under ours, as
under that " the theory and practice
will frequently be at variance." I
prize our constitution, as the rock of
dur fafety. The obligation of an oath
ndds not to ray difpontioh to support
it ; but neither my attachment or du
ty can induce me to alcribe " perfect
wisdom and vigilance" to a branch of
the government in particulars where
the evidence rather militates against,
than supports the claim.
The motion to rejed this part was
loft. Upon the question to agree to
the whole resolution, those whose ob
jedians had riot been obviated : who
thought the vote of perfee confidence
improper ; having recorded their votes
in favor of such ' parts of the refolutibns
as were necessary or proper fr and be
lieving that the resolutions submitted
by Mr. Griswold; were preferable, and
that no injury could arise, if those un
der confidefation were rejected, voted
against them. I concurred in this vote
To Shew that those who differed from
th^ majority in the preference of the
resolutions adopted, to those moved b,
Mr. Griswold, were not, as malice or
ignorance m^y fugged, neceflarily ad
vocates for immediate measures of Erif
tility ;,and that on an occasion similar
to the preterit, under an administration
meriting and polfeffog the perfeft con
fidence of the people, '?. line of condua
was pursued cOrrefponding to that which
it was the object of Mr. Grifwold'sref
olution to obtain, I beg leave to recall
to yo'ur recollection the proceeding of
Congress inconsequence of the unjuf
tifiable order of the King of England
to his naval commanders to capture our
ships in the year 1793. >At the open
ing of the session of congress the Presi
dent (Washington) communicated the
fubjed to Congress, accompanying his
communication with a copy of sis m
ftrudions given by him to our Minister
at the British Court for demanding re
dress. The language of Washington
on this occasion was : " There is a
rank due to the United States among
nations which will be withheld, if not
absolutely loft by thereputation of weak
ness. If we desire to avoid tofult, we
page secured in the last year,and which
will form the receipt of the next, is dol
lars 2,256,895 less than the year pre
ceeding.;r
" The funds annually appropriated
to the discharge of our debt are by a&
of Congress under the direction of tye
Vice: President, the Secretary of the
Treasury, the Secretary of State, the
Attorney General, and the Chief Jus
tice of the United States, who are stil
ed the “ Commissioners of the Sinking
Fund." Os these commissioners the
Secretary of the Treasury is the agent,
the power of the others is barely nom
inal. The commiffoners have laid
before Congress at the present session,
a report of the Secretary of the Trea
sury made to them, containing a de^
tail of the measures pursued in the
year 1802; in relation to their duty.—•
It does not appear that the Chief Jus
tice of the United States bad been con-?
fulted oh these proceedings-; his name
does not appear to the report.
" This report of the Secretary of the
Treasury Gated that during the year
. 1802, there has been drawn from the
Treasury of the United States on as.
must be prepared to repel it. If we
desire to preserve peace, one of the most
powerful instruments of our rising prof
perity, it must be known that we are
at all times ready for war." Hada
fear to irritate those who had done us
wr °ogfrenfeebled the mind of that great
man,he would have withheld until called
for the information of the injury done
us. But with the firmnefs whichmarked
his. character and which elevated the A
merican character under his adminiftra
pon he co mmunicated uncalled for the
Information: Not afraid to trust the
national council with a constitutional
participation in deviling measures for
the preservation of our rights, he com
municated also the infractions he had
given for demanding redress. Just as
was the claim of this President 10 ap
probation, the legolacure forbore from
adulation. But with the independence
of freemen and a promptness becom
ing the guardians of the rights of their
fellow-citizens, they trusted not the
fafety and honor of their' country tp
foft expressions of" fenfibility"—they
aCted. I hey authorifed the President
the embody and call out 80,000 mili
tia, if oircumftances Should render it ne
ceffiry—they futpended, for a time by
embargo, all commercial intercourse
they adopted and acted upon the opin
ion of their wife and vigilant President,
" That to aveid insult we must be pre
pared to repel it."
On the January, the Prefid-nt
nominated to the Senate James Mun
roe, as Minister Extraordinary to the
Courts of the King of Spain and Fird
Consul of France, to a& in conjunction
with our Ministers at these Courts, to
negociate, it is presumed, refpeCting the
Shutting the port of New-Orleans, and
the cediop of Louisiana. This gentle
man was formerly our Minister to
France aid was recalled by Washing
ton for mifconduCt.
From the report of the Secretary of
the treasury, it appears that there was
in the Treasury of the United States, on
the 50th Sept. 1802, in cash dollars
4,439^75-:
The receipts of the United States for
the year ending the 30th Sept. ißdz
was, dollars 15,258,453, which was de
rived from the following sources—
Dollars. Cts.
Duties on impel? and Isnna,, 12,298,938 Q 6
Director, - . 226,804 19
Sales of publie lands, , - Z 79575 5%
Pof^gc of loiters, ,- - 50,500 06
Proceeds of sales of bank ftar,3, X,287,600 OO
Dividends on bankbook • • 39,960 OO
Payments on acctrtfales of armed Jbip5,212,342 83
Sales of prizes, -• . 31,943 42
Internal taw.es, - - 806,765 6g
Mifallantous, - - -124,028 64
Dollars, 15,268,258 11
The expenditures of the government
in the fame period were dollars, 13,-
667,501 27 cents, ' • 1
The payments into the treasury from
duties on imports and tonnage being
derived from bonds due for duties ac
cruing before the late peace, the presi
dent reminds us “ that the effect of
peace, is not yet fully afeertained."
This effed,though not folly afeertained
has yet evinced its operation. It ap
pears from the statements from the
treasury department, that the amount
of duties on goods imported and ton-