The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-30

: partment OF state, can you be willing to en-.
! oarrass the department Of the treasury
here is another reason why we should be
cautious Can it be expedient for the public
20 make experiments tending to waste the
national characters More than two wears
have elapsed since an introductory procla
nation was Illuminated from the palace
gainst the British navy. A squadron con-
cerhed in committing the offence mentioned
in the proclams. ion, was suffered to remain
for several months within the waters of the
-. ?. IN open defiance of the executive in
terdict and the exclusive right Of territorial
Jurisdiction There that squadron was suf-
tered TO remain, although the power given
to the President by statute, believe, exten
ded to employing the military and naval
forces Of the U. S and thu militia at the
fresident's discretion to compel respect to
ms proclamation. The offending squadron
waS surerea to remain there. notwithstaB-
dag s:c numbcr, which the government had,
OF those highly recommended aquatico ter
rene vehicles denominated gun. boats. The
lfdignlty then was greater than is to be
found in the subject of this'reselution. Yet
the government did not then ASSERT the pa D..
ramount right of territorial sovereignty with
effect. With such experience, what honor
what utility is to be expected from passing
this resouti n now. What is to be expcc
ted but irritation without benefit, embar-
rassment without extricationi When they
attend to your measures, will foreign pow :
ers believe that such resolution proves
your title to respect?
A further reason against the resolution Is
founded en the conduct of the President of
the United States; it is tine consideration,
that he has not ordered the British minis
ter, Mr. Jackson. to depart from. this coun-
| try. Until that order is given, no such re
solution as the present, ought to be passed
ne extraordinary spectacle is. now exhi-
bi.ed of minister accredited from TO
| relgu government. who is denied the emf
nent, direct privilege of the diplomatic
character, the privilege Of communicating
with the government to which he is sent, and
yet is to enjoy the immunities which are
auxiliary to the exercise of diplomatic func-
tlens. The case is novel in the proceedings
OF this country. 1t IS 50 extraordinary, that
| the oficIal publication of the refusal to re
cetVe communications from him might have
been considered as disavowal by the ad
m'nistration of his diplomatic character.
and consequently as deprivation of his
characteristic immunities, had n>t Ccti
| hcate OF special safe guard to the cGntrary
been given by the administration. The case
is Clearly different from that of the Spanish
minister, who, believe, was admitted to
|
nistration, but was admonshed, by authori
ty from the President, not to appear in the
city OF Washington, who refused, however,
to obey the admonition but was suffered to
| come and remain, according to his avowed
determination, within this extensive city, as
he might find convenient, OF for the interest
| of the king his master.
These are some of the reasons for which.
| although it were supposed correct in state
mcnt OF facts, am not prepared to vote in
favor OF the resolution on the table.
| 1t is consideration OF different nature,
that the phraseology of the resolution tends
! to draw aside the attention by placing it Oh
basis which is Objectionable, as being in
correct, not as in point of fact, but OF prin-
ciple. This, SIR, leads NE to consider the
! litigatsd subject of the powers of Mr. Frs
| kline to negotiate and conclude the provision
! al arrangement of the last April, On this.
| subject, leave at once tine greater part of
| the discussion between the Secretary of
State and MIR. Jackson, as not distinctly ex-
| hibitlng the specific character of the auesti
| on. i consider public minister not autho,,-
lied Ill virtue of a general letter of Gre
dence, to stipulate any one thing to be done
! on the part OF his government. If under.
| stand the course of argument on the part Of
| the Secretary of State, it seems to assume as
| a basis, that public minister here accredit.
ed, is entitled to stipufate for his govern
ment, in virtue of his letter of credencs,
without further authority, or at least, that
the government here should regard the mi
mister, in virtue OF his letter of credence, as
authorized to conclude such stipulations, so
as to be obligatory on the government giving
the letter of credence. This do not admit
to be correct, either in principle or usage.
Permit me, sir, to call upon gentlemen to
| recur to the time when the public law of
Christendom, in relation to diplomatic in
| tercourse, may be considered as assuming
regularity of character. ] request gentle
| men to recur with me to the epoch Of the
treaty of Westphalia. The great work of
the learned Grotius on war and peace, first
reduced to general system the body of pub
lie law in Europe. He was one of the e eat
masters in science. who have appear ed form
ed to rise above contemporary competitors in
their respective spheres, and acknowledged
beyond dispute TO be greater than those pre-
ceding or succeeding them. AS such, he
was first made known with distinguishing
Ihonorby Gustavus A1olphus of Sweden, one
OF the greatest men and heroes of his age
or of the world. The work of Grotius was
published in the year 1925 and the treaty
lot Westphalia was concluded in the year
1648,. consisting of a treaty concluded at
Munster, and another at OSnaburg within
the circle Of Westphalia, and both signed on
the same day, being the result of Con.
gress composed Of ambassadors, plenipo,en
tiaries, ministers, delegates, commissioners,
deputies, indeed almost, il not completely,
r a