The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1811-07-31

Is breach oil peace and contrary 10 the law
ot the land. Using national force against
Spain in gaining possession Of what we con-
sdered as our own would have been breach
OF peace also in the eye of the law of nations,
and a contradiction oi the principle and pro-
fessions on which the order TO occupy was
founded. 1t would have been war and was
Mr.. Smith of opinion that the executive had
right TO make war.
II would have been impolitick, because it
might have been displcasing 20 our neigh
bours. OF Spanish America and the govern
ment of the Havana might, under some un-
propiiious influence, have subjected the pro-
perty of our merchants TO some unfrieadly
proceedings.
Had this forbcarance of the President not
been used, and had such consequences ehsu-
ed, the censure O. Mr.. Smith might hayd Ia
ken another turn the honour Of our arms
might have been lost in sympathy for our
merchants, suffering from the incaution and
usurpation OF the Executive, and his consul
tutional scrupes might have reminded him
that 1t was for the Legislature not the Exccu-
tive, TO declare war.
Perhaps, however, rs there has been u
session of Congress since the omission Of the
President TO make war upon the Spanish gar
rison at Mobile, Mr.. Smith may have effcr-
cd his Official advice 10 the President to re-
commend tcscue Of the national arms from
the humiliation 10 which the want of Execu-
tive authority had exposed them. But per-
haps also if this bad been done by him it
would not have escaped place in his printed
enumeration of his merits
.4rt. ll.---Afr. Erving's aeconnfs.--Wo
have read of ancient laws by which a crlim-
niaor who did not substsntiatc his accusations
was adjudged 10 the same punishment as the
ccuscd would have undergone had the crimes
been proved Now as Mr.. Smith labours TO
make il appear, thar fhc Secretary oJ State
having intimafedfo Mr.. Erving in 1904 by
order Of The President thar he might make
charge u % hcr cear in his acconnfs for aN
ne asvards received By him, and thar the egai-
~ Of his tiain shonid be regularity brought 6e-
fore the government, is ro66iny The fiitick
and ho,r indiuiduqis and as we can prove,
from Mr.. Smith and others, that neither in
divduals nor the government suffered by this
Just and reasonable compensation ordered by
MIR. Jefferson TO be allowed TO Mr.. Erving,
and confirmed by Mr.. Madison, it having
been drawn out OF the fund called the g er-
fcnse account" created by the board OF COM
missioners 20 reimburse the expenses incur
red in the prosecution Of the claisns, we
shall leave the publick TO Judge what ought
10 DC 'he punishment OF Mr. o"iVh LOT th.s
a'roci'y' nnce slch law does not exist IN
our CODES
George w. Erving was appointed IN tho
year 1901 by Mr.. Jefferson copsui Tor the port
OF London TO which Office was annexed tho
la'' agency, held before ~ NJ W,'l'ams,t
the commerf'af 0Senry hciu W Mr SAoo' ana
the dgenfyJor nc Frofecnon of 'ofnf1e" he'd
\ by Mr. Lcnox Tor which scverN o'''css nc
received only . 1oco Z Year. a'tnopgn {''c
gentlemen wne ni'ed snem before 81
togetncr e'Shk {nous.nc q ''se n''l!5f ~
q scar,. # M k " I3 1 ~ 5 2' 81 y 81. # u vi n
a N'r: Sc'fersony' q "a 4 N \! & ~
v1n8, 3 trIen(1 u N I( v