Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-02-20

Win all tnat Is cuVaIrOus IN Nu!Etn CHARACTER.
This exp p.oi, great in itself, and per Sc 10 the
Unhed Staes, was still much greater TO them
IN ITS beneficial consequences. In the first
place, II impressed those barbarians with
that sautary terror, which, from that moment,
made them glad to be at peace with US, without
exacting from us any tribute as its price; il
Struck at once from our national condition,
that onerous and dIsgracefu badge, TO which it
had long been subjec ed. II was that salutary
terror which laid the foundation Of that treaty
winch has secured that peace, and kept il nvio-
late TO tins day; and with it has secured tho
safety OF our commerce, and our citizens, in
those seas.
For wien that snmc Decatur aterw ards ap-
peared upon that coast IN hostile array, and
made his own demands upon that power as tho
price OF peace to her; and prescribed his own
period tor compliance with those demands;
aud that the shortest period IN which that COM
pliance could be- perfected, that power bowed
Itself before The terror Of that name; sie ned tho
treaty offered by him, aud literally as offered
without moments delay or station; remark
ing, that We must comply, for there IS no
knowing what that man may do, who, in The
night could come IN droger, AMI take and do
sroy frigale in my harbor, and under The guns
OF my castle; yes, we must comply"
Here 10 was laid the foundation of the naval
lame OF our country antecedenily that famo
dId DOT exist : here was kinGled that spirit Of
emulation, which caught from breast 10 breast,
and made or found in every commander naval
hero ; ambitious 10 emulate, 10 excel, if posi-
BILE, every competitor IN that field Of glory. It
was the first in that series of brilliant achieve
ments, which subsequently followed, TO throw
glory around our navy, and to make il the
object OF our national pride achievements nu-
inerous almost as the stars of that banner under
which the battles were fought /; and so brilliant
and so rapid IN succession, that their united luz
ire makes one halo of glory, which, like tho
Saiaxy OF The starry heavens, dIms the dstinc-
i've splendor of each particular star.
And let not this naval fame be considered
merely as a garland, ornamental indeed 10 the
nation, but of no substantial advantage. is
indeed The best OF all our treasures more than
all our works OF defence more than all our
treaties It guarantees 20 us and our rights the
respect Of the world.
Such are the merits of this case and the
question put TO the Senate is, shall these merits
90, as they hitherto have gone, unrewarded ,
II the appeal is made only 10 the Justice and po-
hey OF the couniry-is it just that dis, inguished
national services should not meet a na,io ,al re-
ward Can 1t be policy to say to your national
heroes who perform those services-if the paths
OF glory, which may lead you TO the grave,
should leave your families to want, we will not
relieve them But in my view of this case,
that appeal ls not necessary, for ] cannot doubt
the legal obligation of the country to satisfy
this clam The sainary provision which I
referred To when began, is m these words
I" The procerds OF all ships and vessels. and
The goods taken on board of them, which shall
be adjudged good prize, shall, when Of equal or
OF superior force 10 the vessel or vessels making
The capture, be the sole property OF the cap
tors
Does this provision embrace this case As
SAID before, | cannot doubt it. begin, how
ever, my Interpretation, by admitting that the
case does not come within the letter Of the pro-
vision. For, the provision speaks Of proceeds
importing n sale this vessel was not sold il
speaks OF adjudication as good prize his ves-
sci was not condemned. l, is not, therefore, q
case within the letter OF the provision. But it
s case Of the capture Of vessel Of superior
iorce-vasily supenor--and therefore within
the intention Of the provision. The provision
intended to reward extraordinary merit in tho
capture and surely II Is not material to that
merit that the vessel was not eiihcr sold or con-
delnne!. l. would be even rad culous 10 SUD-
pose that the intent on Vas, 10 make the reward
depend upon crcuinS; ances not material TO the
merit. Further The object of the prov ision OBJ
vIously was, to stimulate our Navy, not to rash,
but 10 great undertakings. sustained by great
this stimulus, If you make The reward depeLd,
not on the greatness Of The underiaking not On
the greatness Of the successful effort, but upon
subsequent circumstances winch may be acci-
dental. aud must be inmaleriuI i? II you do not
entire destroy, do you not very much impair
the force of that stimulus For who would 90
upon the " torIorn hope,' the success only
possible, and The failure certain death, if, after
running the hazard, he may lose the fruits of
hls successful valor by a qubbIng about the
letter OF the law, in opposition to lis obvious in
tention and obvious object
All his would apply if the friga,e had been
destroyed from the necessity of tn thing, and
on the Judgment Of the capors and in that
case would be a sufficient ground for claiming
the indemnity. For his was the only ground in
the case of the Gucrrere, and Of tho Java, and
of tie Hermes, and Of some o. hers IN all which
cases this ground was allowed to be sufficient
and indemnify was granted accordingly. But
here The captured prize was destroyed by the ex-
press Otders of The Government tor the order of
their agent was their order. and the Commodore
OF the squadron was their agent and his order
to destroy was peremptory. How then can the
Government allege hat the prize was not con-
demncd, when they themselves ordered it to be
destroyed; and when it was des'ro, cd in obe-
dence 10 thai order! How can the Govern
mcnt urge the letter Of the provision as exclud-
ing the case, when It's not being included within
the letter was owing to their own act Surely
The Government is es,opped from alleging in or
der to defeat claim, thathat was not done,
which they themselves prevented from being
done And it is YER, evident from the circumstan-
ces before mentioned, and from other crcumsian-
ccslthai but Tor the order, the irgate might have
been brought of But whether she light ormight
not. that makes no difference in this, so long MS,