The British Press; or, Morning Literary Advertiser.
London, England, 1819-10-07 00:00:00

AMERICAN ~RNA

WasNIRQTO*. &noun Q.
The possibility of • &dose, cm the part of Spain.
to tatify the pending Trr•ty, has given rite to many
spectilstiiins in the public Prints.. We have beeu
ho-prised at the number of those whose language
would induce us to suppose they would consider a
'refusal to ratify •he Treaty at a Signs/ for war
against that nation.
With 'ouch as advocate this course, the Rich-
Inquirer, in the following remarks, has taken'
grossed of cautiou—in our opinion, that of

iirted;;43 :..._

It it not premature to discuss the question at
momest P Is there not more doubt about the
twitter then these praisers 'sprees ? We think it
torslisbis Oa Spin will mai the Treaty, though

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areal Britain will lty to detest it by all the seevet
:machinations in her power. Should the Treaty.
however, fall to to the ground, we must theu loot
into all the eircurnsisocts of • the cam, mod learn 1
what ere the 'rights which the law of 'idiom
may devolve open us ender those peentist Mecum-
shiners. Writ- may ultimately grow out of it;
because a rejection will not fail to wile an
indignant owl unfriendly sentiment in the bosoms
of our countrymen against Spain. But is it right
for us at puce to use force. to rush into a war ? Are
we PO certsin of it, atm we witl taut c.iltaly review
the question before us ? i
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As to the mochinationeof Great Britain todefeat the
Treaty, though such exertions may have been made,
we know of no other foundation fur imputing them
to her than conjecture merely. We believe the
most important machinations on this head are tho.e
of the more recent grantees of Spain, whose grants
are made void by the article in the Treaty which
excludes all grants made after a certain date. But,
for any cause. should the Treaty be rejected, it
does nut follow that war will ensue. Such conduct
on the part of Spain might justify a war ; but the
policy of the United States is peace, antes* a war
he unavoidable. The rejection of the Treaty may
ultimately lead to a war; because the Voided States
may think it proper to occupy Florida, as a pre.
cautions:, measure, and Spain may take offence at
ssitinc'cupation.

The light in which the refusal of any Power to
ratify a Treaty concluded by its Plenipotentiary
may be regarded, depends materially on the in-
structions under which the Minister acted. If a
Minister, in clothing a Treaty, has tint abided by his
instruction, (and there are castasin which a Minister
may justifiably do otherwise, as circumstances alter
cases), the Power whom he represents may refuse
to ratify the compact, without mortal offence to the
other contracting Power; as in the ease of the
Treaty with Great' Britain concluded in 1806 be-
tween Messrs. Monroe and Pinckney, and rejected
by President Jefferson, without the formality, of
having previously submitted it to the Senate. This
course was loudly censured by the Opposition of
that day; but, whatever may now be thought of it,
was then approved by a large majority of the people.
The cases, however, are not altogether analogous,
as that was not a Treaty of ceNsirin or indemnity.
Should it appear that the Treaty was conforma-
ble to the instructions which the Spanish Minister
received from his Government. and that Spain has
wantonly refuted to ratify the Treaty, she will have
been guilty of an act of bad faith, which might jus-
tify a declaration of war against Spain. It will
then be time to consider what course the ti ne in-
t t of the United States invites us to primer;
for. in this case, the pursuit of the interest of the
country becomes the duty of the Government, int
honour not being implicated in such a manner by
that act as to require its voudication by war.
We•are not, let as avow, among the number of
those who would, on every occasion on which it may
be justified. " cry havoc, and let slip the dogs of
war." What though it be true, as hay beer, inti-
mated in reference to this matter. by a paper of
federal politics, that the present is a moment auspici-
ous for war, and that, " m twelve months aeshould
have a hundred thousand men in the field"—are
the blessings of • state of war so transcerulent, its
results so certainly beneficial. that we shall eagerly
grasp it when chimer has thrown it in our power to
choose or to reject if ?
IVar, in this country," said that eminent
Statesman who now presides over the War Depart-
ment, when the measures which preceded the war
with Great Britain were under consideration in the
House of Representatives—" war, to this country.
ought never to be resorted to hut when it is clearly
justifiable and twers.ary—..o snitch so, as not to
require the aid of logic to convi,ece oar reapori. nor
the ardour of eloquence to inflame our passions.
There are many reasons why this country should
never report to war but for causes the most urgent
and necessary. It is sufficient that, trader a Govern-
ment like ours, none but such will justify it in the
eye of the nation."
To superarld comment to this extract, which
accident has opportunely thrown in our way, would
he to weaken the force with which it must impress
the mind of every reader.
We deprecate the restlessness, the; love of change,
the passion for conquest, which give birth to the de.
sire for a state of war. So prevalent is it. that we
doubly rejoice in a belief that, at present. there is,
in our oproiun, 1111 prospect of the interruption of
our peaceful attitude.
Our belief is unchanged that the Treaty will be
ratified. Should it not, we should not hesitate in
opinion as to the course which it would be equally
just and expedient to pursue. Let Congress. iti
that event, enthrone the President to occupy
Florida as a precautionary measure to prevent Its
occupation by soy other Power, and to keep in our
possession the means of indemnifying our citizens
for apoliatiwia committed under the Spanish autho-
rity. Such a measure, for the prutectiou of our
essential interests. It appears to us would be almost
indispensable. It would tort be an act of war, and
would not provoke a war, unless Spain should have
predetermined on it.

LONDON.
THURSDAY, Ocrosga 7, 1819.

On Monday last MEAGHER. the trumpeter of 1
the Manchester yeomanry, was taken to the New
Bailey. on the charge of having fired at the two
men. Joust' and Roatusox, from his window on
Saturday night. The wounded men, although by
no means in a dangerous state, were yet unable to
attend, so that no evidence was adduced but such
as, by identifying MEAGHER Ike having fired the
*hob', might warrant the Magistrates in remanding
him. The farther examination was postponed
until Saturday neat, when JONES and RoßtHsoN
will probably be sufficiently recovered to prefer the
charge in person.
The witnesses who identified MEAGHER form-
ed no pert of the crowd assembled in front of
MEAGHER'S house until after the firing of the first
shot. They consequently deposed nothing with
respect to the disputed poinr, whether the firing
a the pistols were previous or subsequent to the
attack upon MEAGHER'S windows. Until this pre-
liminary point be ascertained, we cannot imagine
why the Prisoner should be the subject either of
blame or praise—and yet. strange as it may
Deem, there are not wanting among our contem-
poraries some to condemn his precipitancy, and
some to extol his courage and conduct. All
impartial persons must indeed admit that a
strong case of necessity ought to be -.hewn to
justify such an get. The law ever regard's with
great jealousy soy proceeding that endangers hu-
man life, and it is certain that the mere act of
breaking windows with stones, would not, in law,
be a suMcfent excuse, unless accompanied with
such ciecaosapsoces all ealared an intention on the
part of the asmilatiits of effecting a forcible entry,
or of inflicting some severe bodily injury upon any
inhabitant.

The presence, however, of a party feeling in
the cousideration of this unfortunate event, warps
the judgment to such a degree, that the law of the
case is altogether neglected, and feeling is per-
mitted to exercise an unconnolled influence in
supplying or distorting facts. There are some
persons, Indeed, to whom the cant of what is most
folsrly and absurdly called loyalty." offers a
ready palliation for every excess, however barbarous
and criminal; it is a veil which, like the show of
superior sanctity, excuses or covers every crime,
sad, as a sacred talisman, not only diverts the eye
Of curiosity from scanning too severely the acts of
the possessor, but gives him also an increased confi-
dence in following the :mum' bent of his loyal
propensities. This principle is very candidly
avowed by a writer in an Evening Paper, who
says, si We have that weakness /if it be one) which
would lead us to extenuate, when it occurs, the im-
prudent ardour of a Magistrate, rather than the
unbridled fury and insolence of a mob. Of the
two, we could more easily forgire a constable who
broke the head of a radical reformer, than a radi-
cal reformer who succeeded in breaking the :ail of
a constable. When. too. a tumultuous and sedi-
tious assembly is dispersed. trilliont going through
all the tardy punctilios of /ow, which were meant to
protect the rights of honest freemen, not the machi-
nations of treason, we are thrown into an siguely of
patriotism, lest the summary. process which abates
an intolerable uniaance should be drawn into a pre-
cedent to obstruct the fair exercise of rational, manly
liberty. In short, if there moist he an excess some-
where, we prefer having it ou the side of civil order."
Observe with what set phrases this writer inculcates
his slavish principles, while he thus warmly advo-
cates the doctrines of arbitrary Hower. The laws
of Eugland, however. thanks to our happy stars.
and the firmness of our forefathers, were framed by
meu of far different sentiments. They confided
nothiug to the discretion of any person. but pre-
scribed in clear and distinct terms the same rule to
all. without favour to parties or principles, well
knowing that such distinctions are assumed
without cause. or rejected as circumstances say
arise to diminish their momentary valor. We
should like to see • fellow rise before one of the
Learned Judges, and plead di his undelmuchod •
loyalty" to en indictment for murdering see *boo
he. is iir " femme, ileesiits to his
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