Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1830-02-02

W. ~ iS Nv hOI huOW llldL Ill july lffO,
was appointed Adjutant General of the
Northern Department with the rank of Col
onel, under the Command of General
Gates land that of course, am now one
OF the oldest surviving Colonels of the Rev.
dictionary Army.
You might not know that in 1894, | at
tended Mr.. Jay as his Secretary, in his very
important though unpopular, embassy to
England.
And probably you do not know the tri-
umphant result of the 9TH article of the
Treaty then negotiated by him, relating to
the subject of irregular or illegal Capt
ures."
The papers relating to that subject were
deposited by the American Commissioners
IN the Department of State in 1904. 1t did
not suit the policy of the Government at
that time to give publicity to result which
was SO favourable to the commercial part of
the nation, and so honorable to Mr.. Jay,
and as those papers persisted when Wash
lngton was burnt, it is probable that you are
not accurately acquaipted with the facts
peg leave to state them to you.
! The Commission to which was referred
the subject "of irregular or illegal capt
ures," was composed of five members. Mr.
Tore and Mr.. Pinkney on the part Of the
United States; DIR. Nichols and DR.. Swa-
hey 1.-TWO Of her most eminent civiians) on
the part of Great Britain and was the
NTH Commissioner representing both ma
tons: This Commission was clothed with
authority paramount to all Courts of Prize
OF both nations it was very natural for the
two Commissioners Of each party to think
their own government generally right; and
such was the fact on all important ques-
tlons-of course all such questions remained
to be decided, and were decided. by the
fifth Commissioner
In very many cases, the decisions of the
courts OF both nations were overruled by us,
and reversed; and the government of Great
Britain actually and faithfully paid, under
our awards, to, citizens of the United States,
more than ten millions Of dollars.
1t is not to be supposed, that | hazarded
such course in such society, during seven
years, in the city of London, and supported
my decisions by written opinions, without
having devoted some time to the study of
the law Of nations.
you had known these facts, perhaps
you would not have thoughtit so extraordi-
nary that the Painter" should now risque
an opinion on question which he regards
as one strictly of international law.
reason thus BY the Constitution of the
United States treaties are the supreme law
of The land, obligatory not merely on all the
individuals. but on all the States which COM
| pose the nation.
The power of making treaties is vested
Exclusively in the President and Senate.
Many treaties have been mada between
the Presidents and Senates of the United
States and the Cherokee nation.
A treaty can beannuled only by the con-
sent OF both The contracting parties, Or by
the violent and lawless conduct of one.
The Cherokee nation one of the parties
IN this case, from giving their consent to a
dissolution of existing treaties, earnestly in
: sist upon their fulfilment.
/ Therefore, the present attempt 10 set
aside these treaties, by any act Of the gov
ernment of the United States, or by their
snpineness or connivance, does appear to
me to be direct and most unfair appeal to
the law of the STRONGEST principle which
! am very reluctant to see acted upon by
the government ofmy country, in this or
any case.
Thus thinking and presuming that am a
: free citizen of a free country, / cannot be
persuaded that have acted improperly in
expressing my opinion on this important
subject, to the Representatives of the Ma
ton; and | presume that every gentleman
who took part in the memorial in question
will most cordially subscribe to these opin-
lions.
Permit me to add, for the information Of
Mr.. Thompson and yourself, that the
meeting, of which had the high honour to
act as Chairman, was not held in a grog
: shop, but in the most spacious hall in this
city, which was literally filled by the most
respectable of its inhabitants. ] am, &c.
JOHN TRUMBULL.