The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-07-23

averred 1t, that there are no members of
congress with better memories than him
self
Allowing him however the peculiar super
rehned scruples TO which he nom makes
pretensionb, he was the more bound for
that very reason to do what was necessary
IN the more regular course for effecting the
public objects connected with his depart
ment. Yet he has not told US land who win
doubt that he would have told us il he couldG
that he discharged his duty by calling the
attention of the President from time TO time
to the case OF the sig suffering functioua.
ries, and to the expedicncy OF recon amending
to congress revision of the act in cues
ton. s7>
.Hrs. 9. Paragraph ir III. letter 10 Mr.,
Ersxtne. This paragraph, me says, the Pre- :
slaent inserted with his own pen and we
believe It. But when he tells us that Ro-
pert Smith opposed it in the cabinet, we
do not believe 1t. We Will venture 70 saw
that Robert Smith never opposed any thing
IN the Cabinet he had net vigor of mimi
enough 20 support an argument, even on
the right side OF question. but which 1.
the right side of this question! Recollect
me universal sensibility of the cation on
TINS point. and that. without the insertion
OF this paragraph, MIR. Smith required tor
the murderous attack OH the Chesapeake
seamen who had been most shametulIy and
insuitngly detained ever since the date of
the transaction. And yet. this is the man
VINO boasts oil his sympathy and sensibility
to the honor of the nation.
But what has Mr.. Smitk to offer in ex-
tenuation of his guilt in that. most atrocious
breach of official confidence involved in
ms relation OF the fact This is doubtless
the least eNcusable of all the crimes con
fessed in his crimefnl pamphlet Intrus
tea oy MS country to manage the most de-
lcate transaction that could be confided to
a, minister. point Of national honor. with a
rival power, jealous. haughtj, lavish in her
insults and frugal in her acs of Justice
then to betray to that rival the secret. dis
cushions OF his own cabinet On that very,
point OF honor this marks turpitude of
heart, or biunted, mufaed, wooden headed
power OF penetration and feeling too dis
graceful III itself be able u disgrace the
governmental betrayed SHOULD this man
rennnnce now his country ashe has his no
nor. become British subject and take re-
tuse at the court of London he could not DE
exPected TO be trustedto carry a letter e.
cross the street. !
.dyt. 10 Another instance of official
treachery and mock sensibility, Mr. Madi-
son with his own pen forbade the use of
iorce In taxing possession of West Florida
against any particular place in. possession of
a SpanIsh garrison. And was he not bound
to do SO by law, by Consistency and by the
sruest poiicyf
FLORIDA was to be occupied because it way
cut OF the hands OF the Recognized possessor.
n private citizen may take possession of
DIS own properly when it can be done with
out violence to the Iother party. Viosnce
used by private citizens even in recovering
their own, is breach of peace and contra
~ 10 the law OF the fsnd. Using national
force against Spainin gaining possession of
what weconsidered as our, own would have
oeen breach Of peace also in the eve of
the law OF nations, and a contradiction of
the principle and professions on which the
order 70 occupy was founded /. would
nave been war and was Mr.. Smith of O.
pin,on that the executive had a right TO
make war;
1t would have been impolitic. because !,
might have been displeasinp 20 our NEIGH
bors OF Spanish America; and the govern
ment OF the Havana might, under some
unproPitIous influence. have subjected the
property OF our merchants TO some unfriend-
ly proceedings
ndo TINS forbearance of the President
not been used, and had such consequences
ensued, the ceDsrre Of Mr.. Smith might
nave taken another turn the honour of
our arms might have been lost in a sympa-
thy ior our merchants suffering from the in
caution and usurpation of the Executive
and ms constitutional scruples might have
reminded him that it was for the legislative
nor the Executive, to declare war.
Perhaps, however, as there has been a ses-
sion OF Congress since tho omission of the
PRESIDENT To make war upon the Spanish
garrison at Mobile. MIR. Smith may have of
iereo MS oulCiai advics to the President tn
recommend riscue of the national arms
from the humiliation to which the want Of
Executive authority had exposed them
but perhaps also if this had been done hv
nim, 1t would DOT have escaped a place IN
MS printed enumeration Of his merits.
s3rf' II. lUr. Erving's accounts-.yve
nave read OF aLcient laws by which =,
iumniator who did not subs,antiate his accu.
satlons was adjudged TO suffer the say,r ~,
nishment as the accused would have nm
dergone had the crimes been proved. Now
as Mr.. Smith labors to make il appear ,sat
ne Secretary Of State hauing infimafed 10
IZr. ErvfnS IN 1904 by order of kbe PR
e'dent thar ne might make charge of , 10
Fer eeH an ms accounts for all me azuarda
reeefped 6y him, and that The eoa,if,, oC 6;s
claim should be regularly BROUGHT bs6or.
me government, Is rob6tng tie hu6Gc and
foor individuais; and as we can prove
from Mr. Smith and others, that neither IN
dividuals nor the government suffered bv
TINS Just and reasonable Compensation or
dercd by MIR. Jefferson TO be aIIo,y~ti o., Az