Norfolk gazette and publick ledger — Norfolk [Va.], 1810-01-01 00:00:00, page 1

PI "WiT’7
MONDAY EVENING, JANUARY !, I810f
Congress of the Hinted Suites.
House of representatives.
DERATE
OV TUP. JOINT RESOLUTION
, -dppmvitiir the i; i duct of the x cutiv-in relatio,
to then-funni to reerne ami further comm an ient •
•m Jr (mi Francis James Jackson.
Tuesday, Dec. 19.
In committee uf the whole, Mr. Basset in the
eboir—
f 'Jr. Danas Speech concluded.)
If the'prinriple of approbation be considered as
involving an equal right to censure, I ui .ke no ob
jection to ti>e resolution on that accdhnt. Hut on
1fcissubject [ would l>e cautious, because I might
censure Wrongly. The pri-sldi nt might have lea
snns fur his conduct which 1 d.d not known ; 1
would be cautious also, because if I shoui 1 cen
sure where censure ought nut to he pionounced, 1
blight do injury by roirurruig in a procedure tend
ing to diminish the confidence uf the nation in the
Chief Mauls!rale.
But tins is nut a resolution merely approbatin')
the conduct ol the president of the Unit'd Suits.
It is not rail'd for by any tiling wl.u-Ii has been
dons. It is not conformable to the tine spirit at
'r'Vhat has taken place. It is rather re pro icliful to
tKe president lhau honouriu., him with praise. It
'is adeounr nyion of a foreign minister h< re nccie
dited ; it is ij|ipr<*«seil lu languige whirl) your duel
magistrals would nut iiiiopl in ins message to rnn
jjrest, and which he did not authorise in undressing
»or rmti.sUr abroad. S'r, public ministers Undo
liter public men imv be exposed to wrongs of two
kinds, person it violent e and violence*>.me to*their
Tepiit 'tl iu. Tffe ease is rare indeed in which a pub
lic piinjster, a secretary of .stale or bead of anv o
ther department com 11I6 diroilenrp 1 gaily exp'»
jug bun to rorpni il punishment. Hot ou a question
of decorum should we p.'ruiil ours Ives to mirage
it? When reprehending a violation of decorum,
Hull we ourselves violate it ? ?5o. i le^ueat you to
limit e.t ire I - it-r w rulen bv the secretary of 'slat .
Ua t- i th- d.recti >n of tit- pfesid nt, to our m nister
in London. I w.il not ts-iy that the secretirv id
Stale m is letter to Mr. Pinkney meant !n affirm
that t ■ >-• printers in this country who publish ui-.t
ter» atter.llng 'he reputation of n pubhc minister
Hilt hi be proveuten it riviimmi 1 >w here, ml be
sn ji cted to line anti imprisonment nt the discreti
on ■ I the cuint phall i “yii, it that be not his mean
in , where is lif?o "v to’wnieb n b»re ;ju minister
tlj»nuld have recourse f Hut his I il'.gU-Jgeill least soews
that be considers a vtrona ri me to tire reputation ol
n puldir minister «n an injury for whirn be m .y
reasonably complain, as ne in iV for a wrong done
to «|i» prison, and that however freely our citizens
wav speak or puol.sh their sentiments, it is n«i
jhopeh in our pa' !:c a<'ts to spe«»fc want .itly against
tiny person com mg h«,e in a public rhoi'aeUT from
•ilortiyagovernment. When a pu'lie minister has
•u admitted to mine here in the laith ofau hon'o
le reception, shall the nation it legislature under
take to Id tsl hia (hinder ? Geullcoiro will toil it
as hr coniine them to be cautious of indicting this
wound on the reputation of a Stranger, having a
jrublic trust of high distinction and thus honoura
bly received by our administration, especially when
they lire not warranted by tiie course adopted on the
v piirl of Hie uduiiifistr.vV'.on. * m
Let Li then, sir, rompare Site language ol tins
resolution mUi the language adopted by the pr. si
dept of the United Steles. Tne resolution charges
“ Kruncis J. J irksiirf minister plen;pntentiary ol
bis Britannic majesty near the United Mates” witii
having used in ofiiri.il correspond, u- e a lailg.i.i^e
ktgkhf inedcurous mil irisuL/it; ai: 1 then, spong no in
fnr u ol' cUhor.ila clr.n-ix, language still mure iuta
4- lept and qtfr tUwg ; nest witrugeuus and petards- |
toted insults ;■ then a still mure direct and aggravat
ed insult an l afrout l.i the American people end
tWr guveru.qenl—an nmdi'/as atf.mpt loexuie re
Oviunkeiiis ami distrusts ; .ml lastly, appealing litro*
fafstfpr talladam disguise*. Let us now observe in
vtsoliiiaiui.-i the presid nt has thought proper to
Speak by the seiretniy ol' state with resuecl to
tsh.U is c.dled the appeal hi the i< tier, head d " Cir*
culnr," anil purporting to,he a letter ir.mi Mi.Ja.k
*on to the British consuls m the Uu.led States.—
A*ter staling it in the letter to Mr. Ibukuey, the se
crttariMM stutr reoiuiks, “ it .'an uni) he regard* u
us a silwal address to the American people.)! a re
presentation previously addressed to tutor govern
ment ; a pio. rdure writ'll cannot lad to he seen in
its true light oar. bis suvoMgn." 6a much unth.it
Otrbjert. With respect In the other, there is tins
trul pliruSeologv : “ Tl.e uhsehv .Iniqs tu which
lUelieXteut has been given, in i ns letter, with
it contained in the correspondence with Mr. |
Jatkson, will in.Jte you fully acquainted with the
conduct and the character he has developed', with
the nec.ssiu of tt,e step ukeu in relusing turther
communications with him, and unto the grounds.m
Whirl) the president instructs you to request tli.il
b« may heno.Mediately recalletl.’ Yon ar. purlieu
laily instructed at the sane* time, in inakiug those
communications, to do it in a manlier Inal will i
Lave uo douht o| theaoduniuished desire of tlie U.
& tales tu unite in all the means the best cal- ulale<L
toistai ltsh the relations a>i the two countries on
the solid foundation of justice, of friep.^ldp and nj
luututilinterest.” Consideimg vnis instruction Us
ni. kino the disposition pT the executive, does tne
ft solution1 hriofs ua correspond Wilts tb4t
on as expressed in tbe htlur to our loimstef at Lon
Cun or IU tile pre.id-#ft in-niigs to congrcls ut the
mnoiug of Ihepritsytu session.
Much bait be«u said (Out however on thru floor)
«f some ««•< or cn««A tit watch <t simitar course u
' supposed to have been deemed necessary ; and a
fuse has been mentioned of a minister fToin the
couri of Vienna m tile reign of George the First.
Bui as it has not oeen urged in this debate, 1 con
lent myself at this nine with observing, that the
case ol t^-e imperial minister (De Palm) was rss'eu
U ifly distinguished fr in the present, and that us
far is 1 recollect it I find nothing to warrant the re
s ‘ tuion before us.
1 have some objection, howevi-r, to lh« present
resolution, because it seems, all hough I do nolliere
i barge it as a fad, hat e been loo much copied
froth a precedent, to be found in a resolution of a
British house of commons respecting an attair ma
terially different ; and in some part tr ere seems to
have been copied a language belter adapted to auxl
lluries in pugilism than to the legislators of a great
and enlightened republic, a language which the bri
tisli parliament did not address to their king. A
resolution was moved in the house of commons tor
an id ircos ; and nu that motion there was objection
as to manner of expression, although the resolution
was ultimately carried without a contradictory vote.
Butin th.e joint address of the house of parliament
to the king, tire phraseology was varied, and they
did not address him in the style of boxing familia
rity.
Thus far, sir, I have considered the resolution
before us as not warranted by the official language
•"I the president of the United Stales and the secre
tory of state. In addition to what has been already
observed with this view, it is to be noted, that the
president in his message to congress, has not even
mentioned Mr. Jackson’s circular letter to the Bri
tish consuls. This letter, indeed, and its being
put into rircitl lion, art notice#? but not with la
bor: ,us bardn » of phrase, in the letUr of the 23 of
November, from secretary Smith to Mr. Pinkney.
But the president of the United States did not re
U-'itd the subject as worthy to be named by him
when giving to congress information of the state
of the union and recommending the measures ne
cessary and expedient.
l'lie presid’ tit’s message and the secretary’s letter
| appear -xpressive of a disposition to use language
| winch should not :n its manner be nlfensive to the
Brdiah govertniK nt itself, aud to suspending pro
ceeding- of an hostile character unt.l an answer
may lie received train that govetmenl. This reso
lution appears to be formed mi directly opposite
principles. What, sir ! ran congress, can any
men think in-<eisary to siy that they will sup
. port the piesident in rtfiMSing to receive a rmnniu
nu alion Iro.n u foreign minister, or, that they will
support him with the wi.ule tone id the nation in
so ft fusing ? Vmi do not expert the minister to
force a communication on the president. Tins is
too absurd and cannot be the real meaning of the
resolution. The only manly idea luUndtd to he
coovevi-d. hy the resolution in this irspert must he,
tfi it the congress mean to support the president in n
colitliCl with tiie British gnveirioient eventually.—
Wr.y, sir. is such 1 .nguage at the pleaenl time pro
posed f.«r adoption, us if it were ciibcr necessary
or expedient ? The Bnlish government perhaps iiiuv
not he perleclly satisfied with the conduct .if tins
administration towards the minister from Great Bri
tain to Hi? United States, and yet tt ought be tlio’t
proper to recall him'; because unacceptable to the
president o! the United Stales, because the presi
dent has,requested his recall, and because under
existing ciicumstiuices the further continuance of
such a minister iu this country might not be usetul
to t; e government tbats.-ni him. Do you wish to
place the atfiir iu such a state as to retuler it pecu
liaily dilFo tilt for the. British gnverumeirt to recall
I) i you approbate the procedure of the president
in c >u5:n^ application to he made by the secretary
of »Uie in a style of puarded decorum, instructing
the Anifi'irdii minister at lxiinioo to request tbs
recall oj the iftnish minister who has been here re
ceived, and will you solid a menace to accompany
the request ? Id this view what is the proposed le
solulioii, it it he any thing ? Wli.it is meant by a
solemn pledge to the world lor calling into action
the whole force of the Hit ion, eventually against a
torejgte power? If language has certainty of an van
We, it is 'a provisional defiance of war, soLuiuiy
Wade known to the wiirld—a nation..! challenge to
halt!. . Have you weighed fully all that is implied
in this defiance of wqr ? Are you prepared to sus
tain it fully by all youi means? or cau you say that
you do not inl> ud tlus ? Is it posstblethal the repre
sentatives of the people of the Dulled Stales, ran
solemnly announce to tl^e world a pledge, to call into
lctiou tne whole force of the nation, and yet that
it ran be all idle words ? Thai in fact they intend
to do no such thing as they promise? Are we in-,
deed prepared to pronounce uui stives fallen thus
low ?
Considering gentlemen as serious in announcing
this pledge to the world, and giving this national
d< fiance to war, 1 ask wh it is to be the result of
the conflict if we are not' prepared, fur it, and hoiv
far are we prepared? This enquiry suggests an at*
lenunn to the resolution under two different aspects,
as wu know tiie relaxations of executive depart
ments to tie affected nr vailed arrurding toy views
■M pence or war. On questions of great national
controversy, the department ol slate has tu charge
tii attend to tho^p gfitilyiug th-iu's, the tights,
the honour and dignity of the ualiou and govaru
ment. Aud ti esc Mieiues inav b« present# the
more for putdirk attention as lb© state ol affairs
beconiHS hostile mini tiieir most ii^HyPg tnlipenre
vy-r the puhlirl? passions is realise? aomDl the
operations of declared war. In a state ot peace.
Itfte dej ni tiikeni of the treasury ni*y attract regard
/rpftt reduudan<'« of revenue arri e^iiurtfqn of debt,
j.nd p««^*cts nj improvement. But the frown ol
»« qjj|tfit* tii* *c«ns. On Utu depurlgtest U now
4
devolved the task of devising ways and means lor
supplying extraordinary expenditure nr waste.—
The ungrateful spojerts of attention are the exhaus
tion ot th«#fe-i»uiy — loans—‘taxation—the upturn
of difficulties id proeuringrmoney—the choice be
tween different modes of imposing pecuniary bind
ens on the people. If this resolution he pursued ac
cording to its import, additional charges oik the
people must be required. To give eclat to the de
partment of state, can ypu be willing to embarrass
the department «f the treasury ?
Ttiyre is another reason why wc should be cauti
ous. Cun it be expedient for the puhlick to make
experiments tending to waste the uatioual cliaisc
ter ? More Ilian two years have elapsed since an
interdictory pro- tarnation was fulminated fiurn the
pJaceagainst the British nn*y. A squadron con
cerned in committing the offence mentioned in the
piorljiuatjon, was sutfered to remain for several
uqinihs within the waters of the U. Stales in open
defiance ot tlie executive Interdict and the exclu
sive right ol territorial jurisdiction. There that
sc, -noron was suffered to remain, although the pow
er given to the president by Statute, I nelievt*, ex
tended to employing the military and naval forces
of the United Stales and the militia at the Presi
dent’s discretion to rumpe! respect to his proclama
tion. The offending squadron was suffered to re
main there, notwithstanding the number, which the
-fCII'Am-nanl i - .A C • L __ 1 1
uqualico-ie rreae vehicles denominated gunboats,
i'he indignity then was greater than is to be lound
in the subject ol this resolution. Yet the govern
ment did not then assert the paramount right id ter
ritorial sovereignty without effect. With su hex
penence, what iioitour, what utility is to he expect
•rl Irom passing this resolution now f What is to be
experttd out irritation without benefit, embarrass
ment without extrication i When they attend u»
your measures, will foreign powers believe that such
a rosololion proves your title to respect ?
A iurther reason against the resolution is found*
ed on the conduct of the president of thp CJ. Static ;
it is the consideration, that tie has not ordered the
British minister, Mr. Jackson lo depute (roni this
country. Until that order is given, no such resolu
tion as the present ought to be passed. The ex
traordinary spectacle is now exhibited of a minister
accredited I rout a foreign government, who is dented
the eminent, direct privilege of the diplomatick
character, the privilege nl romtuimirHting with the
gov-rimit.nl to which he is sent, and yet it is to en
joy the immunities which is ;<■ * diary to the exer
cise of diplomatic functions. The case is novel iu
the proceedings of tf.is country. It is so extraor
dinary that the official publication of the refusal to
receive communications from Inui might have been
considered as a disavowal by the administration of
Ins diplomatick rharactei and consujuenlly as a de
privation of biscluraclenstirk immunities, had lint
•^certificate of special Sule-gu.rd to the contrary
been given by the administration. The case is
clearly dtilerent Iruin that of the Spanish minister,
who, 1 believe, was admitted lo have written com
municaiion with the administration, but was an
monished t-y authority from the President not to
appear in the city of Washington, who reluses how
ever to obey the admonition, tail was sufit-.ied lo re
main, according to his avowed determination, with
in tins extensile city, us h- might hud convenient
nr for the interest of the king his master.
These are some ol the<feasons lor which, al
though it were i>Upposed correct in statement of farts
i am not prepared to vote in favour of the resoluti
on on the table.
ii is a « rtuuu iit <x i ltiL'irui uuiurr, mai u-t*
phraseology of the resolution tends to <lr.nv aside
the attention by placing 11 1111 * basis which is Ob-,
jecli in bie ns being incorrect, not as 111 point of
tail, but of principle. This, sir, leads rueturuhsu
rier the litigated subject of the powers of Mr. Er»
hiua lo nt jj.-'tlate and cimrlurie the provision*! ar
rangeiiient of the last April. On this subject, I leave
at once the greater p«rt ol the diet ussiuu between
tits srcretarv of state and Mr. Jackson, as hot dis
tinctly cxibitmg the apeeifit k character of the
question. 1 consider a pubii'k minister not autho
ilsed lu virtue of a general Utter ol credence to sti
pulate any one thing t«i be done on the part of his
government. If 1 understood the course ol argo
meul »u the part of the secretary of state, it seems
tu assume ns a basis, that a politick minister hers
accredited is entitled tu stipulate for his govern
ment in virtue ol his letter oi credence as authorised
to ron> lude such stipulations su us to be obligatory
on the government giving the Utter of credence.—
This I do not admit to be correct either in princi
ple or usage.
Permit me, sir, to call upon gentlemen to recur
to the lime when the publick law of Christendom in
relation to diplohwuck intercourse may be consi
dered us assuming regularity of character. I re
quest gentlemen lo rerui with me to the epoch of
the treaty of Westphalia. The great work of the
learned Grntius on war and peace first reduced tu
geivrul system the bedy of the publirk law in Eu
rope. He was one ol the great masters id sc is
who have appeared formed to ris* above conteiuptj
rary competttora in their respective spheres, ano i
knowledged beyond dispute, to be greater
! those preceding or succeeding them. As sudTbi
was first made known with distinguishing hinnoui
by Gustavos ■ Auolpiiu* of Swe.leD, ope ' u( thi
greatest men »nd heroes ol bis age or of die wot Id
1'hc work of Gratia* wasyuhlised in the year lti‘21
—and the treaty of Wejftibalia jL com tedsd ji
the year 1648. consisting of a treaty concluded a
Munster aud another at OsnaUrg wiitna.the curl
<n Westphalia, and but$ signed oo thi gam*.day
demit the result «sf aetibgfts* conypoagidf r“" -
Wm pWigdiengiafifiij
mtsswacrs, depano, '
ry grade of descriptions governmental r*prr*
tinn known in the whole Christian world,
elusion ol the treaty put nil end lo (onicrences >
lud lung hnlilen Europe in suspense, an&" *'
ed "v ' - -iV. S-e, ■ . . .iSiBWlB
siuce
rue tern
such
time by treaty. The great interests of, the
lick aud i*uinuerfreligiotia in. Europe, the,Ei
the Electors, Princes, and stale* of Ihp/fier.^,,,
body, France, Sweden, the Stales Gnie til, with
respective allies, all ware concerned. Prussia
not then erected ii^to a kingdom, ami Rustic '
not taken rank under the great Peter ahtohg
m
M
vilizrd powers of Europe, Froht the ne$utea»»v mm
atTarrs and the number of politick men frota,,dilte*n
ent portions oi F,urope, the famous congress iw
nistphblu, alter the publication of Giouus had at* /
lamed high distinction, served to-make know* nN| iH
establish cxtrtitieels the principles constituting thn ''‘W?’
puldick rules ut intercourse among the tioverocweuta -
ot the Christian world. * »
We are now called upon to prondontrfcjas^ctlm|~'
.1 question depending un those rubs of iBMfcouriieJjj^ 1
recognised aud illustrated by national usage.1 ■&£#{:' '
ts the principle that protects and sustains-iahilt'*
lONiuinity t he in,msters of the United State* liif
t<in, in France, in Russia or in any part.of thti
hard world ? It is the respect due To those'ru,
respect which the various governments of
ver lortn have concurred m inaoitesiiiig and tsferca
1 [ *• Nor can we vi dm to hold a course U> dlploe
macy incompatible with such Uatinnal ■■«>.£- vnl^jk
we strike ourselves out ol the gtneralp^ dtf cU^
tend on.
1 lut question therefore is to be considered
merely as an abstract ms-uMboo ; 1 ot w* h .ve no**
to enquire what ;s a letter ot cred riff, arrtydi^g ^
the pu lu jt law and diplomatic!! tisane of Euiiipef.
t.
is it hi authority lor stipulating any to ng to to*
done on the p-ntol tlv government sending the iui«
iiist -r ? ,1! it lie, l requ-#t w know
rotding lo'ioy a ,preh. nsion, 11 n not; -ml ] desirei'
gentl-men to aidjghien me on this point,
li this opinion^? III (onaoiib, I aim
a™
be made rvideut with respect to
* o,): '0Ur I" ermr. 1’non wloinJKoureelotto
can be denved any aid tj» ascertain the
pie, II geptle.inei> honoured by especial rbnfi'hrncw
respeotn g affairs of state, if any of ih» &*,*(&**,
or evt-n msiiiiieis o( the cabinet, would he'pleasei|’
to roniri! me to the stork of legieleliva Information*
I solicit, the ruirtcUun of any error, il indeed I err,
on this topic.
With these sentiments, I do not prep
cushion uny question respecting the fiet
ledge of the administration. I do vi>t>«i
tiler the executive administration of ,
States had a knowledge that Mr.’ErsItJ
competent powers, or had a knowledge t,™^ WWs
not instructed to accede to the provisional urr*ngf*
meat between him ana the administration ut Apra*
1 iie quauion is, did the administration kndw
Mr, Erskine had the necessary authority
quest ion is not, what was tbi(ign(frwr>afSsrC
was the knowledge of Hiliiiiiiistrntion’j1 ,
Erskine known to have any power for to ‘king that
•rr-ngemsnt* ‘
Permit me now, sir, to state what I onfb Jits®4
to be a leiter of cridtiuc. It is a letter, of 4tatr'“* •'
dressed to the gmtrument to which a mi
sent, and n istspressiv-e nf the character!
of diplomacy with which he is nivesirdj’ir
insier he. received, ha must be received atew
the leuer of credence andypot u therm*: '£
umcli the established cipftjr, flint wbefei^,,^
remaining at any guyernient is promoted to up t
tr grade of diplomacy, be presents letiers;of
as to the lower gr*ih «pd«f credence as u the i
** (itade in which be is to be received,. ' •>< jy, ,
The aothority which a minister has io ;*!fipr
a letter of credence i» not hi make promts
government. He muy dtcl tre lacfs j h*
I seuicmnpia o s an<i r moffstraotes i
bit liis powers of argument j he may!
SlM&J
uf gloat interest, bat be rannot stipulated
&r'
thing U> lie ijopa us obligatory oo In
N&: i-j£:Jz4
tor tins purpose, the minister most'fn
authority;, This i undrstattd to ti#||
edge, not however nitlmot exception. 1
tUiD bus been made with respect to as
guttnn from the Pope, whose letter uf *
so trained us to include the necessary^
negotiate or noncluiie arrangements.Ij
thorny was added t« the neressiily da
ter of rredtiire, und the essentials of
tick documents were comprehended 1
the mere letter of rridenre givtf no .
support of these positions,' (would refer
to writers on publirk law whodBt^i 1
admit to b« correct on thi# toj1
VYiequ^tori.; writers of uot
the kuowo Oiplniuatick.S
perhaps might have lieehJ
portuiiuy in ihis.pUretpy
or (I iy of attention.
1 It iuaAo« be proper U* st
[the liuPpawer, which expnssioo i
foTTp
.rally appKipriall yi difhmitttirkl
it document dot addressed to .the
w bich a minister is Sent,
opto letter addressed
rominiUingtOst
ty Mitkwnty l» ■
terms.of