The British Press; or, Morning Literary Advertiser.
London, England, 1809-12-07 00:00:00

SPAIN.

The duty of admitting Mr. Oois, as Minister of
Ferdinand the Vllth., demands further attention.
That a correct opinion may be formed by the citi.
erns at large, is of the utmost importance ; and this
circumstance must be our apology for continuing
the subject. Omitting, for the present, all the more
obvious considerations, which impel the United
States to yield to Spain her dues, without diminu-
tion or hesitation, let us attend to the serious light
in which the right of sending Ambassadors is re-
garded by Vattel. " A Sovereign," says be, " at-
tempting to hinder another from sending and re-
ceiving Ministers, does him an injury, and offends
against the laws of nations. It is attacking a na-
tion in one of its most valaable rights, and opposing
what nature herself gives to every independent so-
ciety ; it is breaking the band* by which nations
are united, and offending them all."—A more di-
rect mode of hindering the exercise of this right is
not possible, than a refusal to accredit the Minister
sent ; which i, not only ef itself an act of hindrance,
hut, in the peculiar ease before us, it holds out an
example for the incitation of others. It annihilates
the independence of Spain, so far as the sentiments
of oar Executive can conduce to that end; and it is
on that account the most mortifying insult that can
be offered.

Were we to consider the contest in Spain, as
embracing:every feature of a civil war, it must be
admitted, that as no power could arrogate a right to
judge between the parties, the Ministers of euch
must be received Ly other Rations, and, in this point
ef view, the ditty of acknowledging Mr. Ouis is
apparel.'. But no civil war exists in Spain. The
character of the war is that of foreign invasion and
plunder, both exterminating and unprovoked. Su
powerful en invading army never before produced
Tess acquiescence of the people. In every other
part of the Continent where Bonaparte has carried
his army, terror has kept the peasantry quiet and'
si.binissive. Notwithstanding the dreadful exams;
pies of vindictive cradty inflicted in Spain, nobody
has favoured the cause of Joseph Bonaparte. but a
wretched handful of traitors, who have sold their
ceantry and their consciences for gold. The pre-
sent condition of Spain is that of an iaterre;ratiat
and a foreign war. It would be equally unjustifia-
ble to refuse the Minister of the Junta, who are the
Regency of the country, as it would be to refuse
these of Louisse, the Mother of Francis the lot,
during his captivity iu Spain, or those of Portugal
since the Prince of Brazilassumed the Regency, on
amount of' the insanity of his mother, the present
Queen of Portugal.
The pretension which Joseph Bonaparte has set up
t• the Spanish crown, equally destitute of right
and of possession, cannot vary the case.—lf his
claim were better founded, und he had succeeded
in conquering the Peninsula, he could not be ad-
united to the privilege of nominating its diploma-
tic agents, until it was conceded to him by a treaty
of peace, in which should be i,ellicled every party,
who could ultimately claim the buckeiwimi, accord.
Mg to the constitution of the governmeut of Spain.
For the law of tuitions does not acknowledge the
right of the strong, or mere physical force, as esta-
blishing rights ; and hence the sovereignty is a
country is not changed .until the title 14 arranged
in form, and by consent of the former legiticuate
soy-reign.
Tiie American Executive has itself settled prin-
ciplcs, and that lately, which appear to decide the
point, that Spain is not under the yoke of Bona-
parte. In applying the non-intercourse laws of
the last isinl preceding sessions of Congress, a trade
'is pi.rmitted to every part of Spain, not actualq
occupied by the French armie.. They have,
therefore, totally overlooked Joseph's iiretensione,
and considered them as not existing. Every part
of the country is considered Ferdinand's, medic
what is French, and that to considered Freitag.
which is held by the soldiers, who, under the
Dame of His Catholic Majesty's army. are elides-
veering to COMper the country for Joseph. If the
latter was regarded as possessing the shadow of
power or right of his own in Spent, a trade to his
poesessinns emitd not he prohibited tinder the
terms of those laws ; hut as the Executive is con-
vinced, drat he is nothing but one of Napoleon's
fingers, moved by his soul, and employed in his
work, they rightly enough prohibited American
vessels from supplying the armies, called his, with
nierc%ansfixe. Fol consistency's sake, they must
therefore recognize Fertlinaud's Minister.