The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1810-01-03

Minister.
THE President complained of the disa-
voisal the arrangement made with Erskine,
and required an explanation. The explana-
tion, instead of apology, offered an insult, for
which Jackson was dismissed.
The Senate passed resolution approving
of the Presidents conduct and it is before
the House OF Representatives for concurrence.
1t passed the Senate without debate it is op-
posed in the House on two grounds ;--onc is,
that our government had no right to complain
of the disavowal; the other that the expIana-
ton contained no insult. 1t is said.we have
no right to complain of the disavowal, because
Mr.. Erskinc had not produced, and was not
required to produce his power TO make the ar
rangcmcnt. The fact is admitted that he was
not required to produce his power, and that
our government was satisfied with his word
that lie had a power. The question then is,
does this circumstance take from our govern
ment the right Of complaining Of the disa-
vowal
will preface this enquiry with but one re-
mark. If the not demanding sight Of Mr.
Erskine's power, takes from our government
the right to complain of The disavowal, the
same circumstance of course would justify the
disayowal. 1t is strange, and true as it is
strange, that the King of England does not,
though his advocates here do, defend the dis
avowal ON any such ground nor does he nor
his Minister pretend that we have no right to
complain, on any such ground. Neither of
them allegc that the arrangement was dis
claimed because Mr.. Erskine was not rcquir-
Cd to produce his power. That naughty mon
arch disdains mailing defence for himself
which our own Representatives have the
rncanness to make f. hhim, in order to incul-
pate our governmental His ground is, not the
contcmptiblc cavii thai the power was not
produced but that his instructions were yio-
lated and his Minister adds the further i'm
sulting ground, that our government knew it.
But TO proceed to the question :--If Mr..
Erskine really had power, surely it was as
binding ON his own government, as If he had
shewn it I; and it gave to our government the
same rights as If he had shewn 1t. i, docs not
lie in the mouth of his Brisannick Majesty to
say, true ! gave Mr.. Erskinc the power, and
true you made the arrangement with him, on
the faith of that power but as you did not
demand the production of it, will not abide
by the arrangement. In the case put by Mr..
Potter, if che agent who sold him the Speak
i
Speaker would not disaffrm the conveyance,
on the cayil that the power had not been ex-
hibited TO MIR. Potter it would be dishon-
Durable in the Speaker to attempt such
thing and were he 10 attempt it, perhaps
there is no man who would chastise the at
tempt with more opprobrious names than Mr..
Potter himselfs
1t may be assumed then, that il Mr.. Frs
kline really had power, his not producing it
does not affect the right of our government
to complain of the disavowal. How then was
this fact Had Mr.. Erskinc q power distinct
from his letter of credcnce as resident minis
ter ! power as here understood, is an au-
thority given by one government to certain
person, to treat with anothcr on matters in
difference. The form of the thing is imma-
.erial, provided the authority has been really
given The despatch Of january did give
such authority, and is to all intcnts and pur-
poses power. So MIR. jackson himself con-
sidcrs it. He says in letter OF the 4th of
November, speaking of Erskine's arrange
mcnt, Individually his agreement would
nevertheless have been ratified, had not the
instructions by which he means the dcs-
patch which in this case, took hiace of a full
hos~r been violatcd.c Indeed the thing
speaks TOO plainly COR itself to need the aid OF
this or sny authority to establish it. Mr..
Erkinc then had power, and establishes the
conclusion, before stated, that his not pro-
ducing II does not affect the right to COM
plnn Of the disavowai. This conclusion cam
not be cvadcd, unless there are some particu-
lar circumstances to take this case out Of the
general principle of the ordinary cases Of this
class.
And il may be said that ia this case, if our
government had demanded sight of the
power, they would at the same time have
seen the instructions which were blended
with tho power and so have known that Mr..
Erskinc could not have made the arrange.
mcnts he did make.
C7sss conrnucd.)