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 ■ ' r M.r"]s[EWTON 
 
 DKI-IVEUED IN THE 
 
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 vsi: OF !iErREsi:j\-T.rrnEs of tiif rxrrr.n iS^JtrES, 
 
 ON THE Jd Jan-uary, 1810. 
 
 On the the ..•::;:* RcaoiutJGyu apf\v:>vir.g the conduct of the Executive in relation 
 tr* 'he refui-al to receive any further covimunicaifon from Francis James 
 
 :.\:x. NEsvTnv — ^'r. Speaker — It 
 
 s With rei>:re\ sir, I Icel yself, con- 
 
 olrai .cd to ofTci- sor.ie observations, 
 
 on the resolution froin the Senute, 
 
 now on its passaore. 
 
 1 am net ic^mrant that I am tres- 
 jyisii'ifj on your p'.«<ience ; and that, 
 .it fhis late period of the dirxussion, 
 r address you to no little disulvan- 
 L..(':c ; but I derive, under such dis- 
 c r.rapjcmcnt, threat saiisfaction, in 
 knowinp^, that you' politeness and in- 
 dulc^encc arc at all times the sarno 
 
 I lament, sir, that the discussion 
 has not been confined to the subjecf, 
 which the rcsol"tion presents foi con- 
 sideration, but as I liad no control 
 over the debate, I am compelled to 
 pursue it throupii ihj meanders it 
 l.as taken. 
 
 As silence on the observations, 
 which have been made, though on 
 points foreip;n to the one in debate, 
 mav be ascrih:;d to an acquiescence in 
 their justness, I cannot regain iVom 
 apprising you, lliat I hold myself 
 bound to answer 5u;-h, as shall in mv 
 judjijment demand an answer. This 
 course will coinptl me to discuss 
 points no ways related to tlie one 
 bei .re the House 
 
 I shall endeavor to atone for tnkini^ 
 this range, by pivinj'; to each subject 
 a separate co.isidera'ion, and by ob- 
 serving a due regard to brevity. Wi h 
 this apology, I h3sten in the first in- 
 stance to the discussion of the compe- 
 tency of Mr. Erskine's powers to con- 
 clude the provisional agreement of the 
 19 th of April last. 
 
 I put aside from this discussion tho 
 instructions to Mr. Erskine, au O'- 
 ising him to tender reparation for die 
 atta'k on tb.e Chesapeake, because his 
 power so to act has not beer d^stii ctly 
 questioned. The g< nilomcn who 
 have preceded me on the same side of 
 the quesiion have sustai- ed, I trust to 
 yr^u" satisfaction, and that of the 
 House, the competency of Mr. Ers- 
 kmc's powers to m ke and concludo 
 the arrangement of !9th of April last.- 
 Persuaded, as I am. that they hove 
 pe-Torm.ed this tark with great abili- 
 ty, I will not tire your patience, by 
 passir.g over the same grourd, nor by 
 citing 'he same authorities on which 
 they 'elicd to s pport their arguments. 
 
 1 will permit myself only to take up 
 the discussion at the points which 
 terminated their remarks. I will con- 
 tent myself with furnishing some au- 
 thorities not pressed into service, in 
 supportof thcp 'siiions taken by them. 
 That Mr. Erskine was. a mini»t:'r 
 Plenipotentiivry, cannot be derisd ; 
 in that character he was received, and 
 in that he ac'cd until he was rcc^dled 
 is equally true. The proposi ions 
 made by him in that charac er w-re 
 received, and acted upon, as the pro- 
 positions of his government. The 
 Executive of the U. S. had ro con- 
 trol over his private instructiors — 
 no right to demand an exhibition oi 
 them- thry were given for th • gov- 
 ernme' t of the ministei's conduct — ii 
 he acted in contravention of his secret 
 orders, over which his power was ab- 
 solute, he became responsible to hi'^ 
 
-aovercijjn fcr his non-observance of 
 them ; but nis pu'^licacts must neces- 
 sarily bebii.dinij S< oblii^atory,orii;inat- 
 ingasthey must be corijiclered, in the 
 general St avowed powers of the minis- 
 ter c::;rciscd in conformity to hi^ pri- 
 vate instrucfions. if his secret instruc- 
 tions limit hi? genera! commission, 
 he is bound hr;;-icstly to apprise the 
 government, with which he is nego- 
 tiatinp^, of the fact — He cutylit to sav, 
 to this boundary I can p;o — beyond it 
 I cannot pass. To illvistra»e this doc- 
 tiine, which I hold to be sound and 
 correct, I will ujire as an instance the 
 chaste conduct of Mr. Monroe I'nd 
 Mr. Pinkncy, who previous to afl'iK- 
 inj» their sif::;natures to the treatVt con- 
 tlu led by Ihern wih the Hritish Com- 
 missioner", publicly appris:d the 
 commisBiOiicrs, tluU they had no au- 
 thority to bind the p^ovcrnmcnt of the 
 U S. 2s their instructions did not por- 
 mit tlicm to conclude a treaty which 
 should not contain stipulations ajrainst 
 imp'essments. The fat of that trea- 
 ty IS knov/n. It was rejected. The 
 British government could not com- 
 plain, because it was previously in- 
 formed that the ministers of the U. S. 
 had no power to form such a treaty. 
 
 Mr. Erskine neve:* entertained a 
 flouht, but iliat his powers were com- 
 petent to the formation of the arrant;e- 
 ment of April last — he unh- sitatinply 
 declared in submittint^ i)]<i proposiijons 
 for suspending 33 to tlie United S ates 
 the operation of the orders of council, 
 that he was commanded by his majes- 
 ty to submit them to the consicier.;tion 
 of i!iQ Executive of the Uniied States. 
 I v.il! prove thi-- statement by his letter 
 of April 18, 1809, and o' hers address- 
 ed to the Secretary of State — he says, 
 *' The favorable chan»::e in tl.e rela- 
 tions of his majesty with tlie United 
 States, vl/ich has been produced by 
 the act (\isually termed the non -inter- 
 course act) passed in the last session of 
 Conp;rc's, was also Jintitipated by his 
 majesty, and has encriuraf;ed a further 
 hone, that a rcconsidera'inn of the 
 existing differences mijjht lead to 
 their satisf ctory adjustment. On 
 these ♦rrounds and expectations, I am 
 instructed to communicate to the A. 
 ,.„.■,. — , gov^^rni'"' t ♦ ^'- majesty' 
 
 2' "" ^ . E'^n 
 
 determination of sending to the Unit- ^^fc/ 
 ed States an envoy extraorci'nary, in- 
 vested with full powers to ror elude a 
 trraty on all points of the relations 
 between the 'wo count' ies. In fhe 
 Tnran rimc^ ivitli a vieiv to the cffjin- 
 ment of no desirable an object, hia ma- 
 J'litii rj:iuld be tvL'linq- to vjit/idraw his 
 ord-rs of council of Ji.niary ard No- 
 vember 1807, so far as respects the 
 U-itcd States, in the persuasion that 
 the P-e^id-^nt would issi-* a proclama- 
 tion for tlic renewal of the intcrco se 
 viih Gre ft Brita'n, and that wha'ever 
 (liHerence of opi lion should aiise in 
 the inlerpretB' ion of the terms r>f s'lcli 
 an agreement, will be removed ii) the 
 proposed negociation." In ano'her 
 le'trrof A pill 19, he says, " In con- 
 sequence of the acccntance by the 
 President, as staged in your letter of 
 the ISth i.st. of the nropo!;aIs m-dc 
 by tne on the part of his maj sty, in 
 mv letter of the same day, for the re- 
 newal of the intercourse bctv.ccn tho 
 respective countries, / am auihoriscd 
 to dedai-e ('hit his t;:ajesti/*s crjcrs in 
 couvcil 'if January and AovemOer, 1807. 
 ivill have been iviihdrawn, as respects 
 the United States or\ the 10th day of 
 June next" (1809). The above ex- 
 tracts from iMr. Erskine's letters leave 
 us in no suspence as to the opinion he 
 h.^d formed of hi', instructions. In 
 this settled belief, that he had con- 
 formed strictly to the ins'ruclion;^ and 
 intentions of his court, we find him so 
 ij'easJune 15, I SoP, when he notifi- 
 ed to the Secretary of State the new 
 order of council issued on the 26ihof 
 April last. In this letter he says, " In 
 consccjuencc of ojjlcial comntunicatiotis 
 sent to vie from his nh:jt:sfi/a govern' 
 vicrit, since the adofition of that mea- 
 sure^ I am enabled to assure you that 
 it has no connection whatever vjithth: 
 overtures (of the ISth of April, IS09) 
 which I have been authorised to incke 
 to the go-r-ernment of the United States^ 
 and that I am persuaded that the tcrnik 
 of the nj^rec^ncnt so happily concluded 
 by the recrnt uegociarion^ will be strict- 
 Iv fulfilled on the part of his majesty. 
 The internal evidence of the order it- 
 self would fully justify the foregoing 
 construction, and moreover it will na 
 have escaped your notice that the rr. 
 
peal has not thereby l)een made of the 
 onlers o*" ihe 7th of January, 1807, 
 which, accoi dint* (o the ei)t»aq;emeiit I 
 have entered into, on th.e part of his 
 m iiesty, is to be vtbrnirateH wi h the 
 oliier orders, in consequence of the 
 adjustment of differences hnrween the 
 two countries a, id the confidence en- 
 tera:ne.d of a farther conci'iitory un- 
 derstaiidinp." 
 
 Tlius it app'^ars, that 'Mr. Erskine 
 from communications, su!)sequent to 
 the 'JSfh of April, from his t^overn- 
 ment, is decidedly of opinion that he 
 acted witliin the pale of his instruc- 
 tions. 
 
 His lanpnap;e is free from ambiafuity 
 — be says, ♦* In consequence of o^/aa/ 
 conimunicafions sent to me from his 
 maj.'sty's i^overr-ment. since Ihe ado/i- 
 fionof the order of the Soih of April, 
 I am enabled to assure you it has no 
 connection whatever with the terms of 
 cnrpfmr?//' concluded by the recent ne- 
 gociation." Nothing; can be clearer 
 tha:; '.hat his opinion v.ms made up on 
 a full coiisidf. ration of all tlie instruc- 
 tions received by him from his ^o- 
 vernmeit. This must be evident to 
 the most superficial observer on read- 
 ing the followinp; extract from a letter 
 of the 14th AuRust, 180'.\ addressed 
 by him to the Secretary of State — it 
 is as follows : " Under these circum- 
 stances, therefore, findin5j that I could 
 not obtain the recogninons specified in 
 Mr. Canrii:i<;'s desp;.\tch of the 23d of 
 January (which formed but one fiari of 
 his instructions to vie) in the formal 
 manner required, I considered that it 
 would be in vain to lay before the 5"o- 
 uernmentoi the United States the des- 
 patch in question, which I was at li- 
 berty to have done in extcnso, had I 
 thouR-ht proper. But as I had such 
 .strong groundii for believintr that the 
 object of his majesty's government 
 could be attained, thousjh in a diflfer- 
 cnt manner, and t/ie !>furit, at least, of 
 my several letters c/ instructions be 
 fully complied with, I feel a thoroug:h 
 conviction upon my mind; that I should 
 be acting in conlbrmity with his ma- 
 jesty's wishes, and, accordingly, con- 
 cluded the late provisional agreement 
 on his irtjesty's behalf v!\\\\ the govern- 
 msnt of the United States."'^ The 
 
 British government could not, from 
 this view, disavc^w theac. of its mini- 
 ster v/ithout incurring, and that jusily, 
 the charge ol bad fuiih. To give sup- 
 port and nerve to \.'u\i. inference, I 
 v/ill read a passage from an author ol 
 great ce'ebrity, Burlemaijui. The au- 
 thor »:iys, " If he who has a commis- 
 sion to treat has kept within the bound?-: 
 of the pciver anncxid to his office. 
 ihougli he acts contrary to his firivatc 
 instructions, the sovereign is to abide 
 by what he has done ; otherwise we 
 could never depend on cngacfenients 
 contracted by /:roxy." Ttiis authori- 
 ty is full and in point ; it covers the 
 whole ground ; it leaves no fissures 
 through which crafty politicians can 
 make an escape. On the reputation 
 of the British goveruHicnt it fixes a 
 blot, v/hich nothing, short of the pow- 
 er of lime, can efface. 
 
 I will now, sir, endeavor to shew 
 that the Executive of the United 
 Stales, in the formation of the ar- 
 rangement, made with Mr. Erskine, 
 conformed to the practice heretofore 
 pursued by the adminiitrators of this 
 government ; and I might add, with- 
 out the fear of refutation, that it is a 
 practice coeval with the dawn of civi- 
 lisation. I reader my thanks to the 
 gentleman from Connecticut (Mr, 
 Dana) (or directing my atlention to an 
 authority which sustains the position 1 
 have taken. My allusion is to the dc* 
 lebrated corresporidcnce between Mrr 
 Jefferson ar.d Mr. H.'.nimcnd in 1791 J 
 I will read such 'parts of this corres- 
 pondence as have a bearing on this 
 subject, and I will then shew its ap« 
 plication. 
 
 Extract of a note, |November 29th; 
 1791, from Mr. Jeffei son ts Mr. Ham« 
 mond. 
 
 " Permit me then to ask, whelhei 
 you are instructed to give us explana- 
 tions of the intentions of your court 
 a? to the execution of the seventh ar- 
 ticle of the definitive treaty between 
 the U. States of America and his Bri- 
 tannic majesty. "With respect to the 
 commerce of the two countries, we 
 have supposed that we saw, in several 
 instances, regulation" on the part ot 
 your ecvl. which, il reciprocall) e- 
 dcpud^ wo'.:ld materially li'u.-e :.i 
 
inferest nf both nations. On fni? sub- 
 ice;, '»o, I niU'U bep; Ihc favor cf y( u 
 ti: say, wl.rtlier yoi- are authorised 
 to c Jicliidc, or to 7iegociatc arrangC' 
 jiier Cs »viih U5 whicli iiuy i'r.z the com- 
 irerce between the two roun'ries on 
 prnrijilfs of reciprocal ailvaiU'u^e." 
 
 Note f N 'v. 30, from Mr. Ham- 
 '•Vf^<I to IM.. Jt ff rson. 
 
 " In sta i;ij>f to you this indispcnsi- 
 bl- corsid'-ra'ion, (to wit. the distus- 
 at. of he 4 5 a: id C h irticles of the 
 T>"> ie treaty,) I must z* the same lime 
 a .I'e y u, .ha* in c^i fi'lc"re ofcxpe 
 licncinf^ a siirilu disposition in h-^ 
 e \' r: met cf be Uniipd Suites, i' is 
 li.s m-ijcs'v's d«=^si:eto remove every 
 ijj u .d and orcasion of misu'idersiai-.d- 
 in ' which nav arise bewc^n ?he two 
 C'lU tries : j\nd in cjnfovmi'.y to that 
 d's ,o i''on i". his mv.jrstv, I ca'Ti add, 
 tha I ?m instructed ',o enter into t'lC 
 di^'-'iss'-^p of all such mecisures, as 
 liiav b decried the : ost practicb'e 
 oc :fi onable for E;ivJp^ olTer-t to those 
 sMp-i'i inns of the dcfi »i ive treaty, 
 Iht fx^r.u'ion of which h is hitherto 
 bee*, d. : y. d, as weli by the jrovern 
 ine:;t flh'5 nu-'rv ;'S by that of G. 
 B'i'ain. In inswcr to vnur qucs'i'^n 
 o • the'u'^jp.ct of the commere of G. 
 B itai and the U:iitcd St;aes. T can in- 
 fo, m y u, sir, thrit the ki p: is sincere- 
 ly di.sposed to promote and facilitate 
 tho c"» > mer. i d iiitcrconrso be ween 
 the two countries, and that I am au- 
 to ri ,ed to rommuMJcate to th.is C;o 
 verrmen'- his majesty's rcadi'css to 
 c into a n. {»oci:.tion for esfal.lish 
 i -J that inlercouis<? upon principles oi 
 reciproc ;I hcriefi:." 
 
 In an explanatory note, rucember 
 ft' ', M • II iiimond exp'"e«^^e!> him- 
 ^,c ':' Wi — 
 
 "A I :im extremely si'icit<^us to 
 avoid ..ny Tniirepicseniaiior of my 
 it:t?r r.f tilt- 30'h ull. I have now tlic 
 iin o of ■.t;i inj; to you in explana- 
 tion of th ' part of i» to which you 
 iiave .d rr'.'d in y ->n' '^ of yes'c d • v, 
 Ji.'t ai;houj»h (i's I formerly mcntlo'.ed 
 I . y fir't 'Mmvrrss'Mons v i'h jO"' ufrer 
 I y irrival in lhi<c(/ui.trr) I Jjin not 
 yc: cnifiorjert d to conc.'wttr any 
 '■ fi t've ui- :.<( nirnt wivh itspcct to 
 t coT.merci.d irtcrcours; be;.v<^cn 
 c t'.vo ccuntiies. I itill nr.eaiu it to 
 
 be undcistco'l, tnat 1 ava tuiiv uuiliu- 
 riscd to enter into a negociation, for 
 that purpose, and into the discussion 
 of such principles, as m-iy appf-.-^r 
 b^st calculated to promo'ctiiat object, 
 on a b.'-is of rcciprocil r.dv<mtap;e. 
 I am firl er auth-rised to receive any 
 p-cp ;silii.ns v.hicli 'hi". k,-overr.m'.:;.t 
 may be pleased to mrkc to u^e u;ji/r. 
 tl.is Rubiect." 
 
 Mr. J frjr«;on'3 cns.vcr isd ilcd De- 
 cember 1 3 i' — 
 
 '« I l.;4v.- I. ;d bet. re ihe President 
 of 'lie V S. 'he letters 'f Nov. 30 li 
 a- d Dec 5 ■% 'v Ih w hie Is you hotior- 
 ed me. and, in cnnsequence thceof, 
 and par'icu'^rlv ' f ihat part of your 
 leHer o^" D-c. 6'.b, lyhere you say 'liat 
 vou are fu'ly a'";Iioriscd to enter into 
 a nepj'>c a ion f-'i* the pur osc cf ar- 
 nncin? t!ic commerciid intercourse 
 bp'we n (he two rou^U; i'S ; I i..>\c 
 lie honor to inform ycu that I am lea- 
 dy to receive a commu'ica'ion of your 
 full powers for that puipose. at aiy 
 time vou shall think proper, .i.d o 
 proceed imrr.ediate!} to their (.bject." 
 Mr. Himrro d's aiiswer'of the Hlh 
 D<'C. !s as fol!')WS. 
 
 " In answer t.-) your letter of yes- 
 terday, lean oi'y rr-pea' v/ha: I have 
 before stated in my fi s' conveisaiion 
 w'th you aftr-r my arrival, aiul subsc- 
 cjnently in my le'.ter of tise 6th oi il.is 
 mont ., viz. that I have no spec: 1 om- 
 mis'^ion mpowcri.i' me lo conclude 
 or.v defini'ivr: an.t'iccment upon the 
 subject of the commercial ii.te'rou.re 
 bfiweer. Gieit 15 iiai.' andtlie L'; iicd 
 Santos. IJu' that I ccnceivo ni;::tlf 
 fi!ll\ compete::', to enter ifto aiici^o- 
 ciation with this j^overnmeni for that 
 purpose, i 1 the disrussion of the prin- 
 ciples which may serve as the basis, 
 and cons iiii'e t' c stii)uaiioiiS ot any 
 suf h defini'ive arr.'npe ncnt. 
 •' I iiis op-r.'-i: ot r y cmpetency is 
 fou 'Ii."'l niion i> y ins ruc'ioi ., inag*- 
 mu^h as the^v are to rc^u! 'le my per- 
 Roi a! ( onriurt, 8c up'i- the coovicaon 
 fhn the 'e'«i?is of credence frcm bis 
 rr.aicst}. irv^.stinp: me with a pj. ncral 
 pleii] otfrtiarvcharactt 1 whii h > hud 
 the^hoi r>r of prf.ertii g to the Piesi- 
 of the U. S. a*^d hiscofi^equent recofj. 
 nition of me in tha: ciia'acter, are au. 
 tiioiltjcs dGcidcdly auequalc to the 
 
cominencsnient oi ;a prdimimry ne- 
 g '^ijiiion." 
 
 On receiving this letter Mr. J'^rTer- 
 srivio lor.gcr insisted oa a previ".u3 
 t );nmunicaUnii of Mr. l-I;*n'monfrs 
 s;)ccial commission or instructions. 
 Mr. Hammond derived bis powers 
 ii.'m his nlcuipotei'li.iry chaiacter and 
 ii?;dfrum his instructions wh'ch were 
 to icj^iihit-.' his personal conduct. The 
 last he did nnt cxh'l 'i. H's Tf^'te's 
 ci c.cdencc \vc3C iij llic !:li:;('.u uI the 
 St.c.r!'tary vi' S a e. 
 
 That Mr. Joflerson vvas balisilr^d 
 \vtth the exposition of Mr. Ham- 
 inorid's conjpet ncy> made out by 
 !un\->elf in his corresp'^-ndence, is clear- 
 ly asccrl«i;icd trom the suiiscquent 
 arts :<nd conduct ot" Mr. JclTerson. 
 Tlie cxecuii^»n of the seventh nrticie 
 ol the definitive treaty of 1783 ;.iid 
 the fornr.ation of a basis for a treaty 
 of commerce, clepen<!cd on tiie re ult 
 of the discission beiwem him a''d 
 Mr. Hammond. Mr. JofTcfson could 
 not in ju'i'ice, to his own rcputati'ir, 
 and that of the administration, com- 
 mit the mterest of his country to a 
 ciipi .Tr.j'.:carrar;.2;ement, the execution 
 of whicii, whtr v;.i.'ip. shoi'id be un- 
 ccitui; one which shc/uld not re- 
 ciprocally bind both jrovernnienlii ; 
 but he was convinced, that he was 
 Icavin.^ nothinej at hazaid — to uncer- 
 lyinty, so f r t;s a rit^bf construc'ion 
 of powers was concerned. The fo!- 
 If.wi.iiif txtrac* from his letter of Ur.c. 
 151^1 10 Mr. Hammond, which opet.'S 
 the discussion with Mr. Hammond,, 
 speaks tor itself— 
 
 " i am to acUnowledL^e the ho- 
 nor of year letter of Noven^ber 
 oOtb, and to express the satisf.ictinn 
 wih which we Irarp, that yuu are 
 inhuuc ed to discuss with us, the nea- 
 surcs, wiiich reason and nr.nc.iczbili'y 
 ir.a) dictate, for ^ivinv?- efTcct to the 
 siipuiaticns of .jur treaty, yet remain 
 inp^ 'o bo executed. I can assure you 
 on I he part of the Ui iied bia'es, of 
 eve; disposition to lessen d'fR ultics, 
 bj ab ing over whatever is of smal- 
 ler concern, and insistine: on those 
 ni-i CVS only, which cither jns'ice to 
 indivi.^uais or pulvlic policy render 
 jndi.i: ..-t,sihir- ; in f.rder to simplify 
 ouidiijcussions by dcftuing precisely 
 
 their obj-^cls, 1 '-^''^ -i'- i'.-i;-r to prrj- 
 pose th:\t we shall brt^'n by sperifyin<]^, 
 on each side, the particular ;icts which 
 ench co'.^iders (o have been done by 
 the other, irt contravention of the trea- 
 ty. I shall sot the example." 
 
 'i he lant^mjrc of this extract justi- 
 fies the propriety of tiie ob-,ervatio'\» 
 made. It s'lewa clearly that Mr. Jef- 
 ferson did not receive from Mr. Ham- 
 mond a communicati<»n of hi-jinsiiuc- 
 tions. "lam," says Mr-Jcflcrson, "to 
 acknowlcdfre ihe honor of your let- 
 t.-r of November 30'.h, a;d to express 
 the satisfaction, with which we Icnrn, 
 that you are instructed to discuss with 
 us the mcasur-.-s which reason 8c prac- 
 ticabMiymay dictate, for i^ivin^ efTect 
 to ihp siinulation of our trei.ly yc-. rc- 
 rr.:iTnin(T •<"> be er.ccutco " On reading 
 this ?.nd o'her parts of the correspon- 
 dence itfentively every doubt iT:ust 
 be removed — even the sceptic will 
 bpcome crcdu^''.u'^. 
 
 A comparative view of the nej2:ocia- 
 tiorv; cr.rried on vvjth Mr. Hammond 
 under 'he admir.istr?tion of Precidcnt 
 \Vjsb'n";ton ard the ere cariiedon 
 lately with Mr Ersl-itc under the di- 
 rcrtioT ofthe present Chief Mcc;is- 
 trotCj mf.y not bo altoi'ciitr useless. 
 It mav awaken reflett'ons 
 
 The obsptver cannot but see a 
 strih-nc: simjl;\ritv in the negotiations. 
 The 'bj'-C of both was to settle misu;;- 
 derstandincjs & to remove complaints 
 hv 'nte-ine into a-d cnnciudinj* ur- 
 nmeemonrs which shou'd mutually 
 bind b'lth p.-nies The correspon- 
 dence with Ml', llan^moiid was to t^b- 
 t.iv, monfr other things, hedthvtry 
 to the T^rii'cd States of the Wei^'cru 
 po'ts, a' d also to form a bi.sis of a 
 conmerc'al treaty, to be concluded, 
 when adj sted, by a communication 
 from his majestv of proper powers 
 f-'r that purpose. 
 
 Mr. Ersk'ne was changed to make 
 in the name of hi majesty, r^p ra ion 
 for the afar k 01 the Ches p. ak( , and 
 al'^o to forr=n a provisional a^' c mr nt 
 with the Executive of th«> Ui ited 
 Stte=, which shoidd su perd as o 
 th^ I'nitcd Statps 'he r ers ''.' co-'icil 
 of Janu Ty and No-, rnber, 1807, on 
 the Prcs:den''s a., e 'np- f-isMie a p'o- 
 clamation " for the leiiewal ol the in- 
 
tercourse with Great Britain." On 
 ihs yrranj^ement beinj^ made, an en- 
 voy extraordinary was to be sent to the 
 United States by his majesty, '* in- 
 vested with full powers to conclude a 
 treaty on ail points ot the relations Ijc- 
 f.^'een the two countries." This ex- 
 tract ii from Mr. Erbkine's letter ot" 
 Apiil 18th 1809. Mr. Hammond did 
 not :!iew his instructions, nor did "Slv. 
 I-'pakine, Both derived their powers 
 lo act from their plenipotentiary com- 
 missions and their priva'e instructions. 
 The present administration, there- 
 lore, oujjjht to be exonerated from 
 censure, for pursuing tiie same course, 
 wliicii f/as pursued under the adminis- 
 tration of the illustrious Washint^ton. 
 
 i will no\T prove that in the late cor- 
 'c^pondence between the Secretary of 
 otatc and Mr. Jackson, the same prnc- 
 ticc has been adhered to. In a letter 
 of October 19, 1809, page, 48, ad- 
 .!;e;;sed to Mr. Jackson, the Secre- 
 te, ry of State, says, " Whatever may 
 have been your intention in this part 
 of our conversation (affjiir of the 
 Chesapeake) or whatever may be the 
 imjxjrt of the passage to which I liavc 
 just alluded, I have now the ho::or of 
 signifying to you, that I am aolliorised 
 lo reccire in a proper form, whatever 
 explicit explanations you may choose 
 to make with resqect to the grounds of 
 this part of the disavowal ; and with- 
 out enquiring whether your authority 
 he derived from instructions that have 
 beei) a.'.dresscd to yourself, or that have 
 devolved on you as the successor of the 
 minister, who had declined to exercise 
 them." It is worthy of remark, thr.t 
 the same practice heretofore observed, 
 was continued, after the disavowol of 
 ]Mr. Erskine's arrangement, by the 
 Executive, under circutnstances that 
 would liave warranted a demand of 
 !Mr. Jackson's powers. This demand, 
 however, was not made until Mr. Jack- 
 son had assumed so many (j\icstiona- 
 ble shapes, that a departure from the 
 common practice became absolutely 
 neces'^ary to guard the nation from the 
 impositions, sinister views and equi- 
 vocations of a diplomatic Proteus. 
 
 It is, sir, to be lamented that the 
 judk^nient should be circumscribed in 
 its operauons, by the Tiolencc of the 
 
 passions, and by tlic picvulcrico ol 
 prcjudicea. We are informed by 
 ])!iilosophers— ihnt man in contem- 
 plating objects is too much inclined 
 to see in tKcm, those things only that 
 are fla'tering to his views. Helve ius, 
 who looked into man wit!) a pene- 
 trating eye. also no'iced iliis propen- 
 sity, and has given an instance ot nz 
 influence in veiitiralion of the asser- 
 tion He represents a lady and a cle- 
 rical gct't.leman, viewing the moon 
 through a Telescope. 
 
 The lady whose attention was civcn _, 
 to the contemplation of the most ami- \ 
 able feelings, and propensities ot the 
 heart, soon espied two persons; doubt- 
 less, says she, they are lovers, thay ap- 
 l)roarh each other with grace and ten- 
 derness ; the clerical gent.eman, ' 
 whose tlioughts were also turned to 
 the consideration of objects t.o less in- 
 teresting than profitable, s'lon disco- 
 vered that it was a deception of vision, 
 for the pers ns ^»hom the lady took to 
 be lovers, were in truth the steeples of 
 a CTthedral. 
 
 Til's deccptio visus is the epidemic 
 of politicians. In the discussion of tiic ^ 
 resolution from the Senate, its elTects 
 are striking. Cienlleman aredetermin- ' 
 ed to see error in all actsof tl.e I'rcsi- 
 dent, and error is accordingly mani- 
 fest. The i'resident cannot do right, 
 becr.use he was not elected from the 
 ti uc sect. 
 
 I now proceed to prove, that his 
 Britannic majesty was bound by e- 
 very principle tl^at can give an i.i- 
 nest impulse and direction to u • 
 tions, to carry >\Ir. Erskine's arrange- 
 ment into execution. Do unto o- 
 tiiers as you desire they siiculd do 
 unto you, is a rule of conduct that 
 applies as well to a nation as to an in- 
 dividual. The former is but an as- 
 semblage of individuals — such a so- 
 ciety has its afTairs and intercstc, it 
 deliberates and takes resolutions in 
 con.mon, and thus becomes a moral 
 person ; and according to Vattel, haT- 
 ingan understanding and a will pecu- 
 liar to itself and is susceptible of ob- 
 ligations and laws. Government is 
 but the agent of the nation. An in- 
 dividual who receives the benefit of a 
 good aciion, «ven ^vithout obtaining it 
 
by previous stipulalion, is irresistably 
 prompted to reciprocate it. A nation 
 tliat reijards its honor is prompted to 
 act from the influence of a like mo- 
 tive. 
 
 ']"hc lawof nature, which is the basis of 
 tiie law of nations, inculcates justice, 
 amicable iiucrcourjc, U a mutual inter- 
 change of j'ood ofhces. No nation can 
 atkiin the piosperity it desires, but 
 Ihrougli the observance of its maxims 
 and precepts ; temporary advantages 
 xnay be obtained by Iraudulent prac- 
 tices — a perm inent j^ood can hsvc 
 its foundation laid in principles only, 
 th'it ave aoknowled;::;ed to be correct — 
 principles ihat receive ll.o universal 
 homaj;e of mar. — saint rr savage. 
 
 It cannot be denied buL that Great 
 Britain derived incacu!aj!e advan- 
 t.ikres fiora the stipulatior.s of Mr. 
 Erskiac's arranfjcnient. That public 
 wants of the most urgent nature, and 
 individual distresses were suppli 
 ed £c relieved by the renewal of inter- 
 course with the United States, is like* 
 wise manifest.. The state of tiiat no- 
 tion at the time the provisional aprce- 
 inent wac rnadc, evidently niuiiified 
 the pride of its hit^h loned rulers, and 
 alarmed their fears by shexving to the 
 world its absolute dependence on fo- 
 reit'Ti supplies. 
 
 A transient view of prospects, then 
 exhil/slcd Ijy her Ibreii^n relations, will 
 subtract r.othinp; from the solidity of 
 the posilicn laid donn. The ports 
 of Sweden, it is true, were open — tliat 
 country however afi'orded but chilling; 
 prospects to mercantile enterprise. 
 Those who looked by end the passing; 
 moment saw ih:t iliosc 'ports would 
 not lon,^ continue open. The revolu- 
 tion in Spain excited hopes that could 
 be realised only, by a series of even. s, 
 over which Great Britain had no con- 
 trol ; instead of pouring wealth into 
 her lap, it became a drdn for her men 
 ajid money. 
 
 As to the flattering anticipations of 
 commercial advantages with the new 
 empire of Brazil, and Spanish Ame- 
 rica, they vanished like a dream — 
 The price current of British manu- 
 factures in those markets — the mer- 
 chants barometer — was from 25 to 30 
 per centam below first cost. 
 
 At the critical period, when the 
 dcm.''' d for supplies wus most urgent, 
 ^Ir. Eiskine .cndered his proposi'.uns 
 — they were received by the P esi- 
 dent, in a manner the most concilia- 
 tory, and accordingly terminated in 
 the arrangement of April last. The 
 supplies which were sent under the 
 faith and protection of that arrange- 
 ment had nearly reached the dc!-iir.cd 
 ports and were anxiously expected 
 by the nation, when the disavow. 1 ct 
 it, by the cabinet of St. James, was 
 proclamed. liven in times so fruit- 
 ful as these are in crimes, and in every 
 species and discri|)tioii of perfidy, the 
 v(ncc of mor.ilify and honor recover 
 cd it*, tone atul pronounced an anathe- 
 ma on the deed. Permit, me now, 
 sir, to les!, that dis;ivowal whicii 
 forms a new cpocha in the reiu'n ct his 
 maies^V, by the rules and maxims cl 
 the lawsof !• ' ure nd of rations. L;.t 
 t e sages of those scieiiccs he cons-'ll- 
 cd. Their writings may be resorted 
 to > s impartial authorities. If those 
 r.uthorilies denounce the acv of his 
 majesty as imrroral and unjust, they 
 do so on the sanction of rules and 
 maxims which were in being be- 
 fore the island of Britain emerged 
 from the ocean, that are leased on prin- 
 ciples coeval with that period of time, 
 when the God of nature spoke Chaos 
 into order. 
 
 Burlcrnaqui sayi — " The sovereign 
 may alE J be obliged to cxccu'e the 
 engagements contracted by his niriis- 
 tcrs without his orders, by the law of 
 nature, which forbids us to inrich 
 ourselves at anothers cxpcncc. Equi- 
 ty requires, that in such circumstan- 
 ces we should exactly observe the 
 conditions of the contract, though cop- 
 cludcd by ministers, who hadnotf<ilI 
 powers." 
 
 This autliority is conclu.'ive, and is 
 alone sufficient to bear (iown and over- 
 throw the master works of sophistry. 
 If more should be wanting Vattel, 
 Grotius and other writers of celebri- 
 ty, can be marshalled in its defcrce. 
 This authority renders any frriher 
 argument useless. It establishes my 
 povition^that as his Britannic majesty 
 obtained a renewal o*" intcrmurse i)e» 
 tweon the United iitatco and Great 
 
Britain untler Uie provisional arran;:(e- 
 mcnt, coi'cludcd widi the Pc-idctU 
 of the LJ. S. by his accredited minis- 
 ter plcriipotentiaiy aclirt;^, accordinj^ to 
 liis declaration, in conformity to his 
 majesty's instructions, his majesty 
 became Louud to execute the arrani^e 
 ir.cnt on his pert— particularly au his 
 inajet,ty'.s subjects hod enjoyed an hr.r 
 vest of bcncHts rcsullinjj from the 
 cxccuiiois of ihnt f.rra- i^ement by the 
 i^ovt. of the U. vS. ; and u!.so as it was 
 in.possiLtic loj- his ni (jesty from tlic 
 naturcof ihir.ijs, to ph;ce the United 
 S'a'.es in the same position which they 
 were induced to vdintjtiibh, hy liie 
 act of his ir.inister — which r.ct ^rew 
 out cf ihccscrcise of powers dtiived 
 from his ccirnriscicn and from his 
 private ii'Struclions, 
 
 liuhiitff nie, sir, h\ makhi.i: a few observa- 
 titois on Uie in ni.cr in winch aiilliciitieJ 
 Jikve been introduced and the punioscs to 
 
 wljicii they liavc been m.-.de siibsci'vic-n; 
 
 ily objcci' is to keej) sahj cts Leariiiic '^"> 
 es.rt shnilllude to e:ic]) olbei- as distinct :is 
 possible. I e::pcct to ilc-rlve no sdvnUii^e 
 Ti-oij; a coi.fiislr.n of iMnii-s. 'j'he executed 
 rif^ixcmeiit wi'Ii Mr. I'.r.skine li^s been cv.n 
 .t,wH\t(\ with a treaty, the nwjt soleinn act 
 that a n^sfuil^ r c;m perrmm. If 1 prove lliai 
 he rules zn hid cow n by those jjviitlemen 
 wb( l:ave preceded nie, nre ina^piic-iblc to 
 ♦re;;t;es hi the e^U.-iU coiileded foi-, lliey wiU 
 beetjiiailysoto :i,:;Teennenfs pai-icidaily to 
 th. t cl .ss Cil'.ctlo.vecnlf d Hgrecmenis — The 
 tnvcrcijiTi iifiual'iy restives to him--r!f the 
 ;-)ov,cf ofr-f.fyin-^ trc lies — from this reser- 
 vation, (.'.enllemen infer, tint under no f ir- 
 cunnstaiices r;.n a tre.-ity l.e bindiner '•• illi'int 
 \.fie obseiv.-.nce of tliis foi ui:dity. Tkcy take 
 die rules :;3 IJd dowr., and t;ive tlieni sucli 
 cor.3tii;ct.ion:; ;.s Ijest Misvvers their several 
 J r)i,i',i<,n3, without d -ii-ning-to infi)rni ushoA' 
 lb. authors have applied tiiem. I will, sir, 
 wiiiiyoiir perjiiission, m ke twoofllie a-.i- 
 liiors, Vatu-I uiiil l?urleni!,qui ansv.er for 
 •.ii<n.selves-lt will ije loo le-housto iiCHraW. 
 T!ioy<- aiuhorr do ce.-t inlyl iini:.-.h llicrulci; 
 asfju'jtcd in reh.tion to treaties; but titev 
 do not say, th -la treaty concluded bv anii- 
 niulcr whli full poweru, is rasldy and capri- 
 ciously U) ber.jc-'-teil. lie says,' " To refuse 
 wit!) honor to i;.t.*V wliM has been ronclud- 
 e<l on by virtue of a full power, it is neces 
 : ary thtl the soveiviirn shrul 1 hsve stronjj 
 and solitl reasons, and tin.t he should shew 
 III p >rticid r that his minister has deviated 
 from bis iiistruciions." 
 
 IJurleinaiiuioii the same point, says, " In 
 j^fnerai it vs n rtain, tliat when ministers 
 \v iliout tl.e Older of (beir sovereiRfn, con- 
 clude A tV'.-;;ty concerning- public ilhiirs, the 
 htler is not o'li^^rcd lo stind «o it ; hnd the 
 auTiiitcr whs) Las entered into tU^ r? gogl^- 
 
 lion v,;"jo'ir iiib'.'.'uci. .-:-.-•, niP.) ijc pu!^:.--hed 
 accor.lin.2f to the exi.:^ency of the case. Ilow- 
 f.. r 'dic;v Ui .y Ijo circumstances ^n whicli a 
 p.iiice is «tblig-ed either by the rules (;f pru- 
 dmcc or even tiiose of justice and e(juity lo 
 raliiy a treaty, ihoug'h concluded without 
 his orders." 
 
 In these passages, the authors i^i ve pre- 
 cision i^nJ exactness lo their rules If trie 
 mir.ijler v.ilii full pov.'ers undertake lo con- 
 clude a Ire Uy, tiie soverei.::^! cannot render 
 il void." wiiliout slron;.^ and solid reasons ;" 
 in some instances, " a prince is obiiged ci- 
 ther bv the rules of priuleacc or even tlio.se 
 of justice & '^f;'iy to r..tify a treaty, tlioiig'i 
 coMcl'.ided widtoiit orilc-^s " 
 
 Tiicse auiiiorities nr>kc it no ways neces- 
 s'vyfo me t'l g-oi'iiriher into liiis point. It 
 is immaterial to me wlictiier t^jenih-men ap- 
 ply the rules lo tr'.nties, or ajvi-eemettt', or 
 c-nvcntionS"; th " can hy no act <!< siroy the 
 ciY'-cl wWizh ihorc citations produce. My 
 oljert v.:s, sir, lo t^-ive to li:c authors, ihe 
 :I.:;l!l of 'heir own expr.si ions— Ihcy iuive 
 f xercisrd ill .t prerog-ative. I sl.u'.l be g..Us- 
 licd v.'ith i!i2 result, whatever it may Lie — 
 OH U.eir Miulioiily I rest — I feel confident I 
 cannot err when I iollow them. 
 
 Let us now reverse the order of lliin.t,'-s — 
 let us snppo.^e tii a ihe Secret.. ry of Si.-vle iiad 
 densandcd a s'l^ht of Mr. Ersknie's instruc- 
 tions ;utlior:s:n;:jhim to submit certain pro- 
 positions lo tlie con.ideratiou of ll:e Execu- 
 tive of the U. S. alter his solem.n declaration 
 tint lie had his injje.Uy's coinni;.ndsolo act. 
 l,ei us su!)])ose that Mr. Erskino had con- 
 strued the demand into a distrust of llic 
 Irulliof his declvaiiiMi ofhcially matie, and 
 as nil iiidiijnlly oilered lo Liisvn'jesly'ss^'ood 
 faidi, and under such an impression had 
 closed ihe door of nepfocialion. What 
 would have been the lan^uatje of pfcr.tlemen 
 on the mcetln:,'^ of Con.^ress in May last .' 
 Ho.-> iily to (J- r.iitam an 1 partiality lo 
 Fr-.;;ce'yould h .ve been .set ' j a nev/ note. 
 We b':K:'iid have itad a concevLof base, tre- 
 ble, te:.or, slitrjis and flats. Instead of 
 :;miie3, the I'resident would hiVe rocciveil 
 frowns, instead of praises and euloj^ies on his 
 g-ood sense, p: uilence. and prompt. lude in 
 ;»cocptini»' llie lerins oilered ; expressions i.t 
 dl.icontcnl WvMild h.ne been loud u'.d im- 
 pres.sive ; tliey would have been made here 
 anil re echoed from llie shores of the Allan- 
 lie, even to liie sources of the -Uissouri. 
 
 P si trans ctioHs are wor liy of rcniem- 
 br mce, and sometimes of repelidon. The 
 C 'meleon m.iy take ilie hue of sun-oandin.q; 
 ohicc's, but his rh n^je of color does not 
 nev.- model his h:;ure, form or ch racer. 
 
 Ix-l us for a monii nt bnn,!;: to our recol- 
 lection the occurrences which look pl-ice 
 and the orthodox opinions which were held, 
 at the time when the honor and dig-ni y of 
 this nation were deeply wounded, (a wound 
 not yet healed) in the attack of the Chcsa- 
 pe ke ; when the blood of \mcric ui citizens 
 was w ntonly shed, and when the British 
 pquad:'?r, r.ft.cr ihs commission '^t anactsn 
 
a',;""".-';:', ;ii vir'a'irii-; ol'ilie jwi isrriioii o<" 
 liip U S. anclim-cM ".n Mj)in|>(<'n Unu.l'! nnd 
 )ni( rmi")!*-!] tli' r< ^-^fMliir coini'iiniciuion he 
 Mv.t-ii NDifoik }'ii(l(>(lier plarrs. After liav- 
 iDj; token a revit w ot' f cts, lei us c()r!i|):»!-e 
 tlH- ojjinions of tliat day, wil.S tliose siilise- 
 (;;!tnl!y (Itlivc'ivil ; and by the s'aiulard of 
 ccnsisienc)' test llieni. 
 
 Tlie rresiili-nt sooiiAftev tin- cornmiFsifn 
 of iliMse o'lSi-Mfi^cs, issued liis jiroclaiiu-lion 
 interdictm.^ the entrance cf llio WHicrs of 
 the V S. u> the- piihUc arn.c'iurnicd v-sseld 
 ef'G. fi-.it.'iin. That actoi the rrcsidiMit \v:<s 
 eonsidcred as pist &. proper, jis Ho'vinpf iVom 
 iiioderH(itii) !uul wisdom. The pr(>;;rioty of 
 it \v«s (leicnded on l!ic decl-ira'ioi) to the 
 Kxer.ntive by Air. T-r-kine, l!i:it it v.-isi liis 
 iirrn l;vlief that ;idmii'al Ut-rkcicy h-J acted 
 wi'Iioiit orders. Keep iii foi ce l!'0 mfrda- 
 iiifilioii, was the laiigiiat^c of tli.it meiTiora- 
 blf (l;iy, until re pn.i-..tioii :iini)le mu! satisf-c- 
 t«M-y sinll be inodi:. .'^:f;r.;i was tlie stale 
 of the public m'.ud. Mr. Itose arrived — his 
 mission inntead tif haviiij;' the saliittiry tci- 
 • icncy of removing liie irritations excit- 
 ed, was eminently calculated to nurture and 
 inc-case them. Insults were added to inju 
 riesv 15cf )re he woukl deig-n to rpjike known 
 to tlie I'resideni, tiie n.itin-e .ind extent of 
 the reparation he was autiion;;ed to oII'lt, he 
 demanded the revocation of tl\e T'.-esident's 
 procl-mKtion — in plain lerni.s' iiirornilnjT-tiii.-j 
 nation, tiiat its government should nr^ke con- 
 cessions to his m--jes1y, for nsinj^' prec uitio. 
 nary measures ag'aini-t the lawless ictsof iiis 
 ofHcers as a prerequisite to a tiMukr of the 
 reparation Ids m-^jesty had condescended 
 tliroug^h him to otier This new mode of 
 redress province no ways satisf ictopy — Mr. 
 loose's mission terminited. No rooner vras 
 it known thnt the negociation with Mr. Rosa 
 proved abortive, in consequenre of the ui- 
 admissible demands m ide by him, as alrea- 
 dy stated by me, tli.m the President M'as 
 openly accused as being- the c iiise of it, by 
 adhering' to a '' merepunciili'; " 
 
 Thus, sir, we see, that no republican 
 President can do rig'ht, w'.icn liis actions are 
 viewed through the mediinn of parly spirit. 
 
 The people must .judt^e for tli.Mnselvc^. 
 Their i-oad sense is the standard by whicii 
 public meastires are to be tried To tlr^t 
 standard is the last appeal to be made. 
 
 I conceive it'o be '.r.y du'.y, before f dotje 
 this branch of ir.y argument, roixusely to 
 state, what in iTV opinion are the r- al causes 
 of the disavow d of Mr. Kr kine's pvovisi- 
 onal at^reement The recommencement of 
 hostilities between Trance and Austria, 
 Qombined with other incidents, i.-iised ^n 
 expectation, that anew and favorable order 
 of thing^s was to take pl.ice. This hope ne- 
 ver rose in the mind of his Hritannic m jes- 
 ty, without a consequent pressure upon the 
 neutral rights of the U S. 
 
 The unprincipled vlol-.tions of the em- 
 burgo operated to favor tin- views of Great 
 Britiin, by lesseninsf the efficacy of that sa- 
 lutary meKSurc A c .bm. t whose polif.y of 
 Utc is to pursue tUs expedient, how despe- 
 
 9 
 
 rate soever it miy be, to accompli'^h ifseiiu, 
 r'SolNe<l to wuit 'he issue ot evci-' and M-y 
 tiie wonder-working' powers ol its machii.a- 
 tions 
 
 This disposition lias been nurtured by In- 
 (1 minatory pr.biicatioDs flg'ainst the j,'''>vein- 
 mf'iit of tirs n-ilioii, by opposition to la-.vs 
 consli'utionMlly made, and by crude ;nd 
 wicked p'djccts, the object of wiilcb Wfre 
 to sever the union Sucli .t state of things 
 woidd n (turally f-xcile, in powers no w^ys 
 friendly to our prosperity, a disposition to 
 encre-ise, throiifcii inirlgu? and artifice, tlie 
 difficulties the nitiun liad to encounter III 
 times such as the world ncvcf before wit 
 i.esscd, d'lnifers of every dep;'ree [itrl des- 
 ci-iplion beso; the hi!;-iuv y, to void which, 
 the prudent politician saw no inemslelr but 
 to make a tempor.<ry stop— to pause This 
 p -use produced by imperious necessity, the 
 consequence of foreign outrapos, would 
 necessM-ily subjecttiie citizen to inconveni- 
 ences -nd p'-ivitions. As it is too common 
 to impu'.e to the fault of the g'ove: nmei t <iU 
 the er.ib. rrassments that are felt and • xpe- 
 rienced ; a.nbition and fir.csse, artifice ar.d 
 intrig'ue ever on tlie w.atcii, are prompt to 
 seize tlt-^ opportune moment, for ext ndinp; 
 tbe empire of confusion and distru>', and 
 on the ruins of social order to lay the foun- 
 dation of a power, malignant to the happi- 
 ness of man. 
 
 Tlie Lynx eye 'yrants of the world, see, 
 he T, act. The want of union among our- 
 selves in'spires them wi h confid-jnce to 
 coiTiinence the works of iniquity, '.nd 
 tlifir machinery is making- progress, to dc- 
 moli<^h the I '.st asylum, which beiiign.ant 
 heaven h'.'s given to pe-secuted man. The 
 IJritish government would no' dare to tram- 
 ple on the rights of the n .tioii, if union 
 were to diet le the measures thai; should 
 jjovern our condiiC in all our f neign rela- 
 tions. Will the orders of conned be revok- 
 ed > Will lumorable rep -ration for the it- 
 tack on the Chesapc ;ke be madf ? Will ihe 
 almost endless catalogue of our wrongs be 
 redressed, when the energy of union is 
 wanting— when in the estimation of ourowi^ 
 tights intellect is s ) leficient, as to .liscem 
 in the >,cts of the Hriish governniiiit nei- 
 ther insults nor injuries ? When at the 
 close of Mr. Hose's t.^mporisiig mission a 
 time serving publication was industriously 
 circiil'ited. maint ining this i'0->iuoii— "t/mr 
 Grent- IMtain had done the U- SOUes no es- 
 seittic! hijiiri/V , 
 
 Wli t, sir, will be the opinion enter'ained 
 of the American pe .pie a ki govermntnt 
 by the h..ii.;hly luid hightOMed lul > >. of 
 r.urope ? Wlien the vorks of Fi i.<:r Ames, 
 once the hiirh prie>t of a. p<jliti al sect iu 
 Mass:.chu>-eUs, are re d» Sentminis (M in- 
 elfahle conirmpt will be felt for a p'coplc, 
 rei. resented TO be so b .se -md d-pra<ied. 
 Let Mr. Am.-s's works proclaim 'heir i.w:. 
 merits. The foil uvin.'j passages ^re »-x- 
 tricted. I trust in tiod, ■dic> viil run-.- 
 the meric.) genius from his slem!<«»''3 : 
 
 •'Oui- coiiuiry is t-jo l<^ f)r un.jn; w 
 
10 
 
 tcnUil for fuit' i'jiiKin ; too ik'nioc^atic f't~ 
 liberty." 
 
 " \ am h»lf of T lUeyrand's opinion, when 
 he says, vc art phlep;TiiaUc, anil -wiiliont any 
 prt^Mion except fur mQiicv-^cttin^. 
 
 " It is one of llie most consumiripj^ curses 
 of Heaven, ji»kI wc deserve i^, to commit 
 tl<e kfJoirs of * nation to rii1er«, who fiiid in 
 tlteir populsri'y, tlieir rupariiy, or th' ir 
 ambition, an interest sei)arate from tiie in- 
 terest of the people." 
 
 '* I have hoped ihitl t'lc Fucrcd shleM of 
 cowardice, as Junitis rails iL, uould 
 protect our peace. I still iiopc.'' 
 
 "After her fall, (Britain) o'irs would rot 
 cost Bonapavie a blow. IVc ere proslrrte 
 fflrea,!u, ui>ii uf a'i u:c:! on earth t.'ie tlttcc'. f'-r 
 I'fives. Even <ii,r ilavlinj tivm-ice wotild not 
 n<aicc a week's resistance to tri!>nte, if the 
 nainc were only dis>::niised; nnd I much 
 douht whether if Trance were Lord of the 
 n:;viesof Europe, Me should reluct a( that, 
 or even at the appcUalion and condiuon of 
 
 " They [the administrr.tion,! need not 
 fear the moral sense, or sersc of hor.or, or 
 an> other sense of our pcr.pJe, e::ccpt their 
 nonsense, wliich they will tuke special good 
 care to keep on their side." 
 
 " It 18 the nature of these ('Jrhi'e b-rch 
 stskes) tofsil in two 3-csrs ; and a republic 
 wears out its morals almost as soon as the 
 sap of a while hirrh rots the wood." 
 
 " Of our six millions of people, (here are 
 tra-cdy r.i.r kimdrcd, who yet look for liber- 
 ty any where except on p.iper." 
 . " Tlie immortal spirit of the wood nymph 
 fiberty, (l-wel/n oti/i/'m tlie Ui llish MjJt." 
 
 " It is pretty enouj^h to s:.y, the republic 
 comminds, and the love of the republic 
 dictates obedience to the heart of cvcrv ci- 
 tizen Tins IS system — but :s it nature !" 
 
 " The licjiybtic is a creViure of iiction ; it 
 is every body in tlie f^ncy, but noliodv in 
 the heart. Love, to bo any thini;', inns', be 
 iclcct and exclusive. We m.hv as well talk 
 of loving' geometry as of the comn.on- 
 we. lt!i " 
 
 "Is there in human ufF.irs an occasion of 
 profligary more shameless or contngions 
 tji in a general election ? Evrr;i fipi-iv^ 
 gives hinh und gives wings to thiscpiilcmic 
 inisrhicf Then begins a sort of tillage that 
 turns up to the sun and air the most noxious 
 veeds in tiie kindliest soli ; to speak more 
 8eriou.s!y, it is a mortal pesli'iencc, that be- 
 gins with rottenness m the marrow." 
 
 " Federalism was, therefore, vuuiiftntfij 
 founded on o misliike, on the supposed exis- 
 tenc- of [.ufhcient political virtue, and on 
 the pcrmaiiency and authority of Uie public 
 morals." 
 
 " The great state of Virginia has foment- 
 ed a licentious spirit among her neigldx^rs " 
 To tlie following pass.'»ges I invite 'he se- 
 riou.s attention of our sent hem and western 
 bretlirfp, whethfT republicans or federal- 
 ists. The sUndf r '<<i ger.era' *n(l iHiberai. 
 f'lch STR the .-iriifire!* fo support fcdfr.d 
 |Jlitlciple^ in Massacnusetls. A puwer lb:il 
 
 or:ginaM-> in, anii iLai. is pi'Csorwd '^y re- 
 ceptio- must expire in a ronvuision. Mr. 
 Ames says, " the str.igglinic settlements nt 
 the smthern part of the union, which now is 
 the trovernin? pirt, have been formed by 
 emigrants from almost every nation of Eu- 
 rope. 
 
 " S.'fe in their soiiliides, alike from the 
 tinnoiiiince ofeiiemie.': (ri/l •/ ^'ivernment, it '.s 
 infinitely m-!re probable tliat they will amk 
 into O'lr/iiirititi th n rise to the dignity of na- 
 lion-'l sep'iments f-sd ch r..cler " 
 
 " \re iiot the wHiderlng Ta'-ars, or Indi- 
 an hunters, at leiist as susc ptible of p^-tri- 
 otlsm as tlK»se stragglers in our western f.)- 
 rests, and infinitely fonder of glory ? It is 
 difiicttlt lo conceive of a countrj', which, 
 from t!.c ir-nncr of its settlements, cr tiiC 
 r.ianiiest tcuilencies of its politics. Is more 
 (U scilute f>v more incapable of being inspir- 
 ed with polit c 1 virtue." 
 
 On these extracts I shall say nothing— 
 thcv begg.ir all comments. 
 
 T-on tliis libel on the people and govern, 
 rr.cntsof this nation, I 'urn with pleasure to 
 a source from which issues the American 
 spirit. 
 
 Let tite information which flows from it, 
 f'irrish r.s with a deep conviction, tlut it is 
 in vain to look for justice from foreign pow- 
 ers, will); tit unicn. 
 
 Mr. ^lonroc. whose situation aflTordetl 
 him the best mesmsof ascertaining the poh- 
 cy of tlie 15ritisli government, and whoso 
 indgiutnt is 'on enlightened to be deceived, 
 says in a letter, 4th of Angus*, 1807, ad- 
 dressed to Mr. M.idison, then Secretaty of 
 St te — " Such is the state of this country at 
 the present crisis that it is impossible to 
 foresee what will he its course of conduct 
 towards tiie U States. There h iS been at 
 all limes since the commencement of tbr; 
 present war, a strong parly here for extend- 
 ing its r ivages to them- Tliis p'rty is com- 
 bined of the ship-owners, the navy, tlip 
 E St and West India merchants, and certain 
 political characters of gi-eat consideration 
 in the state. 
 
 " .So powerful is this combination that no- 
 thing CHU be obtained of tlie crovfrnment or 
 tiw) /"lint, but \i.'it<it luay be extorted by iiecec- 
 sily " 
 
 If facts do nt^t open our eyes — if informa- 
 tion chaste and convincing, cnnnot impress- 
 VIS with the necessity of concert, our fatv 
 will resemi'le thiit of I'romelhens— on oit.- 
 vilalsthe vultiire will continue to prey. 
 
 II i\i''C proved, I hope to your 
 snti 'ficlioii, that the government of 
 Grea; Kiitain was under an obli^alior* 
 to carry the agreement made witli 
 Mr. Krskine into execution, I turn 
 to the lute correspondence belweeii 
 the Scrretarv of Sta'e and Mr. Jack- 
 son, the Bitish miiiisler, under the 
 influence of feelings that convince me 
 I Inive yet nn important duty lo ren- 
 der to tny injured country. I lament* 
 
11 
 
 sir, that my abiHiies are vnaocquale 
 to the reroimai ct of It, but, they 
 shall, such a-> ihcv arc. b^ dirt c'cd 
 toils discharj^e. I am conscientious 
 ly perbU.Hl':;ci, i'l wnai lie:!!' snever I 
 view this su'-fect, that Mr Jackson 
 ir.tencled to insiik and that he has in- 
 sultcJ this gDverni'-e-'t — I say tiiis 
 govcrnmeiv., bectuise if one branch 
 oi it be outraged with rudcnc5.s and in- 
 solence of coiduct, the o herI)raMch'-'S 
 mi)st fee! the ^hock, as tht three bvan- 
 chcs compose bat o e ijovcriiment. 
 No sophistry can destroy this posi- 
 tio . Supp-.se, sir, the gentleman 
 jVcm Nev,--York, (M' G'»ld> who 
 seems to posses the power of iortiirir^g 
 -words, to bciir any meanin;^, were 
 prravely tolell vou, that the collf.are of 
 illuminati had estiblishcd this doc- 
 trine, to wit, that if the arm of a 
 man be br'ken, the bodry of which it is 
 a member can sust,»»n no irjiuy, nor 
 feel pai:, because it is a port oilv that 
 isinji'.icd, would you, sir, eive your 
 assent to the ccrrec ness nf the theo- 
 
 ry 
 
 ? The (^entlenian rit«d \' atel, 
 
 but he fvjrpjot to read and comment on 
 those parts whicii assijrn to the Exe- 
 cutive branch of government a d!C!;ni- 
 fif d rar.k, or to advert to the constitu- 
 tion ot the United States, which is 
 exijlicil as to the gi-?.de it holds in (he 
 Tnanneement of public aff^tirs. For 
 a moment, permit mc, to direct my 
 attention to -.on.e f.bservations> made 
 by the };cr.tleman from Massachusrt'.s, 
 (Mr. Quincy) lliat p;eniieman has ^i- 
 ven us a philolou;ical dis(>uisiiion, 
 n labored criticism on the verbaf^e of 
 Mr. Jackson's letters. The result of his 
 efTor's waS, that the words, after weip;h- 
 in;^ them with niceity and exactness, 
 did not warrant the mference, that 
 Mr. Jackson had insulted the irovern- 
 me;u of the United States. This cri- 
 ticism is too finely spun, it has a con- 
 stitution too de icatc and frairile, for 
 so dense an atmospiiere as ours, the 
 hu '.'hie repfion of comm.on sense. 
 Whi e we, sir, arc slowly and rielibe- 
 rat !y pursuint^ the order and cour-.c 
 of ihinps ; while wc arc endeavorinp^ to 
 
 j'epres;ent objects r»s they are, the hon. 
 
 Tcntieman disdaininf;^ such druda;ery 
 ...s unworthy his attci^tion, skips over 
 
 lUc sunevficies oi h'.!m?.r» oft>«i'::«— 
 
 like Srtif.'s sprculaiwe mrtlpTr.aii- 
 cians, ht leaves the dull pursuits of ci- 
 vil life, to plodders. I ha\'e to rej^rel; 
 sir, tlia' I a-n not so philosophically 
 constituted — unfortunately for mc, 
 from my school d.-.ys to the present 
 time, my sense of injury has always 
 been the same, it is quick, it ii in- 
 st i.ly allvt— I did no*, then, nor can 1 
 now, kis" the rod that strikes me. 
 
 Hiivin!!: prepared the way for the dis- 
 cussion of this inleref.ling and impor- 
 tant subject. I now take it up,insuiat'' 
 ed, as ii ou-cht to be, from other topics. 
 } is in itself abundunlly ftuitful The 
 m inner in which Ifiis coiiespondence 
 wasoper.ed i;nd conducted is worthy ot 
 consideration — it isi.oveland without a 
 precedent. It will be admitted, by all 
 reilectin,^ men, that the intercourse and 
 communic-iticns between governm.enis 
 shoMid be repulated in a style that 
 forbids the practice of indecorum, 
 levity, or insolence, as <l.e peace and 
 happi:.ess of society are objects of the 
 first moment. Misunderstandings bc- 
 tw en men in private staticns,<^enerany 
 speakin;^, confine their ill-fated con- 
 sequences to anarow sphere, the 
 judicial authority bein^ competent, 
 if exercised by able and virtuous 
 judi^es, to assign* limits to the mis- 
 chief and redress to the injured ; but 
 when th- affairs of nations are intrust- 
 ed to the managemenf of minsters 
 too much caution, prudence, forbear- 
 ance and circun-spection cannot be 
 observed, as the misund-jrsta: dings, 
 between napons, from numerous cau- 
 ses, can seldom be adjusted without an 
 nnpeal to the sword; an appeal 
 which r.cver fails to involve the in- 
 nocent wi;li the guilty in its merci- 
 less ravages. The United Slates have, 
 during the wars of Europe, participat- 
 ed largely in their calamities, without 
 being a p;»rty. The government ot 
 Great Britain has in no instance beer, 
 sparmg of its contempt for the rights ol 
 neutrality, when it possessed the power 
 to annov or destroy them. The disa- 
 vowal of Mr. Erskine's arrangement 
 was an '.nauspicious omen of its d:spo- 
 si'ion towards this country, and in th,. 
 appointment of Mr. Jackson as ihg 
 mini'Jier of peace and harmony, ".h^ 
 rcfleciirj part of the ccmm.: i ^ . 
 
S3W an uUer dlsrec^ard lo the sen-ti'uili- 
 ty 'fa neuti'al njliun. 
 
 T^ie iiiurifes: p-sicy of thi" iravcrn- 
 nic.'i" beins* to :;void a coilisirm wi h 
 eit'iet ')cilisjt^rt;iit, detenni icd llie Kx 
 e/U'lvo it i*ivu V.te i.cw mi'.iislcr, a ve 
 c p'ion, evi ioJve --f ;i ditpo-iiion *.o ad 
 jus' al! exisir^' dlff'-rcMces in an ariica- 
 b!e way The re.:epii)n of Mr. J as 
 tl»e accredi'ed minister of lii» licii.iiiriic 
 ir.'ijesty cxcr.ed a {^ctura! expect '- 
 ^ln•^ tiiat expla-ia.ions would be m-'.de 
 fi>p tnenon execivion of Mr. Eiskir.e'i 
 ananfc-e.nent, and a'lo thrit a tender 
 of red less for past inj-jries \YOu!d Vi". 
 oflTsred. E>:pect.iiion v/as however to 
 b'. (lib ppointed — Mr. Jjckson's inte;- 
 views with the Sec^e^lrv of StUc 
 issued in r.o'hi::^^ tUi-t could afford the 
 le ; : sat f;>ctio'-.. It b' came hliMily 
 iinp'jitant in the state of our pf>!i:i".al 
 rela ions clearly to as.;!:ria!n tlie in- 
 tentions of the B'-itish cibi:;ct. As 
 Mr. Jackson had displayed no incli- 
 nation to act, iil'h'Mjt^lj his ffovt. 
 waslhe ii)ju<ii)c: pnrtv, the President 
 on delib.;r;;Uon felt it a;; a du:v i.'jcu-n- 
 bc'it on him to ^ive solemiitv to his 
 cornnnunicaiions wi*h Mr. J.'cks'>n. 
 in c 'iseque' ce of this deicrnunalion, 
 the following letter is sunposed to 
 have been writ'en cxpresjivc of tl'.c 
 .seniimciits of the P"'.:sic!er.t. T!'.e 
 Secretary of Slate says to Mr Jack 
 SOT)—" In such a stute oflhii>i!^«, no 
 expectuiion could be more rcy<onabIe, 
 n^' course of praceediri^s more obvi- 
 ously prcsc;ibv.d by the o;dinary ve- 
 hpeci due to the iJitappoin cd pariy, 
 than a prompt and cMpllcit explana- 
 tion by ilie new functioiury of tlie 
 ^■;n»ui>ds of the refusal on the !)trt of 
 his '.tovcriinicril to abide by an arrrmijo- 
 nje;it so solemnly nude, accompanisd 
 by a substitu.ion of other proposi- 
 tions." 
 
 To prevent nr'sunders;:in(liii!i!:s on all 
 not 's tnc Secretary of Slate con- 
 cludes his I'jier thu^ — " I'd avoid 
 mi-scoucepiions incident to oral pro- 
 coeuinjcs, I liavc a\^tj the honor lo i ti 
 niA >•. U.ai it is ihouRt.t cxpcc^^ant, that 
 our l'.;rihfcr discuisions, on the pre 
 S' Ml ccia.'oji be in the wti'teii '"onn" 
 •vli. J .ck!>o.? «i t.er rorjf<-irul or ifTjno- 
 r. .1 of lufc ri.^lit -.tpperiHinir.cj to eve 
 
 V ijcvtri.uic.i o. csubi:2i::nv; the 
 
 form ol communication, between its 
 proper functionaries and foreii^n mJMi- 
 ter?, ev rj of the pract.ce ..fti»e liri- 
 tish i^overninrnt towards ih'^ miniiici- 
 of the Cditt'd States, Mr, Finkncy, 
 MfhowHs rcq'iircd to make his com- 
 r.unii.-aiiar.s in tlie written lorm, 
 flow into a violent ray:e ;n:d protested 
 ai^iunsi the •.'►riuisi ion of the Secreta 
 ry uf S'ate, as one not havini^ a pre- 
 cedent in the uiin.'.Is of di; loTiacy to 
 support i'. 1 roni reproh •.•i::;^; ti'ii 
 mode of procedure because it ue- 
 p'ived him of all chance of cquivocd- 
 tion and evauion, be stales without 
 ii.'in'.-.inij the maUer, that !ie inter- 
 tained no hope of the rcstoratio.-. nf a 
 thorou^Iut^ond lindersta! dinpj ocf.vcen 
 the rc-p"C'ive countries, bcci'.iise he 
 was saiisfr-d that no dispo'jiiion on the 
 iMit of the American f'ovc.nmer.t 
 existed lo rirornote it. I will t^ivc you 
 Mr. J 'ckson's own word*-, in his letter 
 of the 1 1th of Oct. 1809, to the Secre- 
 tary of State, he says — 
 
 '* I shall now proceed to the olhct 
 ])arts of your letter, and apply to then*, 
 the best consideration that can arise 
 from a zeal propoi'tioned lo the en- 
 crease of diiTiruIty thusthrowTi in the 
 w'^y of the restviralion of a thorough 
 4:ood nndctstardin^; between our re- 
 spfdivr countries." 
 
 To understand the state of ?.Ir. 
 Jackson's mind end to comprehend 
 his meanintr, it is ncccsiary to refer 
 to IJilters sub?equentiy written to the 
 Secretary of State. In one of thc4lh 
 of Nov. 1809, after compKii;:ini^ of 
 his bci ipr resfric'ed to tlie honest 
 m(j'Jc of comir.i;n:ct5tion, the written 
 form, Mr. Jarhion cxpres:;c3 himself 
 thus : '• As ho-.vcver, I had t>o choice, 
 but to ren')unce for the present, ihs 
 li'ipc of cli'ictualitij:: this desirable ob- 
 jcci, or to pursue it in the nianv.er 
 prcsci-i!)ed in your letter of the Stii 
 uil. so I am now unwiilin^rly compel- 
 led to enter upon the consideration of 
 anoilier letter from you under daic of 
 the 1st inst. whiclj but too siront^Iy 
 ccnHrms the opi^jon I before enter- 
 tained." Mr. Jackson in his letter of 
 Oct. '23, speakinK of Augereau's pro- 
 clamution to the Cilaloiiiatis, wiiich 
 hari r:o connr-cion witii the s lOjects to 
 b-i diocusaeU bctwsen llic Sscrctary oi 
 
13 
 
 State and Llmstii", tvavels out of the 
 v.'uy for the express purpose of rcviv- 
 inp^ a calumny ajxaiust the i^overnment 
 r,r llie U. S. o[ beint; uiulcr Ficnch 
 i; :lucnce. The tollovvinoj arc his 
 words — " Is it not important at such a 
 momenl, that Europe and America 
 should 1)3 convinced, f>'iac from tv.'iat' 
 cvcy countries honorable and manly re- 
 sinUince to such a ft/iirit may have been 
 /:.~r.r.i/irfty it will stili he foipi-l in the 
 yjv:;eign of the iJriU'ili :ia".:'^:i, and 
 in the hearts olhis subjects." 
 
 When all these extracts are Lroucjht 
 ir.to one piint of view, the meaninij 
 is ■zl-i-.'.v. tie knc'.v thut his letters 
 wouid be puoiished ; a-id he Wc«s de- 
 termined to impeach the administra- 
 tors of t!;e t;ovcrnmcnt hf.fore the tri- 
 hunil of the people, of Trench influ- 
 ence. Those very persons on whom, 
 a fcv/ months before his arrival into 
 this CMuntry, the ci izensof the United 
 Stales had passed tlieir judc^ment, by 
 eleclinj!^ them as their representatives. 
 
 !Mr J.xk>.onsIievvs himself well qua 
 lined impudeiitly to keep ;iiive a 
 chur;^e wtiich orip;inatcd w'nh the Dri- 
 tish i^overnment to delude and dis- 
 tract the t^ood people of this country ; 
 and I have no doubt but that he will 
 find some of the newspaper editors 
 and dull compilers of pamphlets, 
 prompt in lending their aid to propa- 
 t^atc any calumny, no mat'.er what, 
 ai^jainst the government of the United 
 S'aies. Mr. Jackson's object in com- 
 ing to this country was to do nothing 
 with the government, but to find out 
 and to tamper with instruments of cor- 
 I'uiJtion. 
 
 His policy was to avoid all opportu- 
 nities of honoral)le explanation ; not 
 to tender just reparation for injuries 
 received, but to sciz^ every occasion 
 of insidiously charging the Piesident 
 of the U..ited Sta'es with insinceri y 
 towards the British government. To 
 foment divisions among this people 
 ^vas liis great object. I trust in God 
 he has been egrt-jriously mistaken. 
 'I'he American people are too sensible 
 of their own dignity and riglus, and 
 too m;, fully disposed ever to sur- 
 rc'idcr tliem to Trance, and too intel 
 ligent froiii dear i5 ;i;ht e\'periencc of 
 British nicrnJity and juii'.icc, tclcal; 
 
 for a sar.cluary of safety, in an aUiance 
 offenr,ivc a!;d defensive with Great 
 Britain. 
 
 The tribunals of justice, however 
 limited they may be in their jurisdic- 
 tion, have the power of punisliing for 
 contempts ; and it is to be larncntcd, 
 that the chiefmagistratc of the United 
 States, for as gross indecorum and in- 
 solci'ce in the Britls'n minister, as 
 conid he well practised or devised, 
 should he censured for miintaining 
 v/ith a proper sp'rit the dignity of his 
 station. I have said enough on this 
 point to prove, that Mr. Jackson in- 
 tao'ied, by his« manner of conducting 
 ii)c correspondence with the Secretary 
 (.f State, to treat v/itli iadignity and 
 insolence the government of the U. 
 States ; and that his style, in Opening 
 and continuing the correspondence, 
 was i.i conformity neither to the rules 
 wiiiuh preserve decorum and respect 
 in private life, nor any ways adjptcd 
 to inspire confidence or promote a 
 good understanding between the two 
 coui'tiies. 
 
 I shall now, sir, undertake to prove 
 that the President of the United States, 
 however well disposed he might be, 
 to meet any fair proposition on the part 
 of the British government, was pre- 
 vented from indulging his wishes on 
 the ground on which he was placed by 
 the conduct of Mr. Jackson, and from 
 serious and well founded objections to 
 his powers actd instructions. 
 
 As the United States had received 
 and v/ere receiving great injuries and 
 injustice from the acts of the British 
 {government, in impressments of their 
 seamen, in the attack on the C^.e^ia- 
 peaiie, a national ship ; in illegal cap- 
 tures and condemnations of vessei'j 
 and cargoes, and in the disavowrti of a 
 S'jlemn arrangement, it was natural to 
 look to the new mis-io i f'^.r e::pLna- 
 tions of past conduct and for redress 
 of wrongs. .A.11 expectations on these 
 heads for redress, how reasona J/ 
 soever they were cherished, v.cv.: not 
 to be gratiiiid. .\s to explanations for 
 tho nnn-cxacution of Mr. Erskine's 
 nnvisional agreement, the delay 
 which had taken place, and the moue 
 of 1'oin.^it evinced a dispositio-i in tne 
 BrKish ministry, utterly regaidless of 
 
tie sensililiUy of this nalion, and of 
 respect for this fjovernnicnt. It the 
 nfTair of the Chcsapcak.-:-, reparation 
 va5 oHcrcd, but cloi^pjed with such 
 rnmrrions, that the j»'>vcrnmcnt would 
 Ikiv.t (!ishn''.rircd itself' bv acccdi'i;* to 
 t!<eni. Th«-v ^^ould n^t be accepted 
 without a wi'ful and paloabie violation 
 titul abandonnnent of ri^^hts, derived 
 from the constitution and the laws of 
 lie land. 
 
 With respect to the o'.herc'.ass: s of 
 nntrai^es und injiries, Mr J rks )n r!e- 
 I !ared, that he liad no powers which 
 ;.i:tho'.ised him to bring them even 
 into discussion. That his powers and 
 -iiblruciiona had a prospective >';t no 
 1 cfro.\pective relation ; that he liad no 
 prop jiitions to make, but was ready to 
 rercive such as the President should 
 !l-.ink proper to communicate throueh 
 ihe Secretary of State, and eventually 
 to decide on them accordinc^ to the tc- 
 j.or o'' his instructions. Could, sir, 
 i:"src.;jicct assume an aspect more for- 
 liicidini^ ? Could a more pointed dis- 
 tiraid to and contempt for the rights 
 1 this nation be offered, than for ilie 
 fictiding power to preserve silence on 
 ■'ubjccts of such importance zr>:\ in- 
 '.cre>t, and yet propose to open a ne- 
 vociation which siiould relate to the 
 future concerns of the two countries ? 
 
 Such propositions could have had 
 
 ID weight with the President, as a da- 
 
 : ia! of justice for past wrongs could 
 
 r>l certainly inspire the injured party 
 
 itli a confidence, th.it such proposi- 
 
 iohs originated either in magnarjimily, 
 
 r in iirinciples of fair and l-.onest ne- 
 
 gociu'ion. They arc invariably the 
 
 precursors of a temporising policy and 
 
 of finisljcd du|)licity. 
 
 'l"o entice tl.c I'^xecutive of the U. 
 States into such a negociation and ar- 
 rangement, was a mas'er piece of 
 cunning. Its ostensible object was to 
 adjust the future relations between tiie 
 two countries, its real to destroy the 
 claims of the United States on the Bri- 
 tish government to reparation for past 
 \iolation3 of neutral rights. I shall 
 attempt to shew how this was to be 
 accomplished. 
 
 V«o considerations, no doub% liad 
 their inHuencc with the Riitiuii n»inis- 
 try, the first v.'.-\s to cb'.ain throng!; 
 
 11 
 
 the artifice of negociation aa acknow- 
 ledgment of the right to issue the or- 
 ders ir. council '^f January and Novem- 
 ber 1807, including those also of prior 
 dates; this object was to be efl'ected 
 by prevailing on the President to c:ive 
 the go bv, to an adjustment of injuries 
 inflected under the sanction of their 
 authority, and to conclude an arrange- 
 ment wh.ich should relate to futtjre in- 
 tercourse ; whi-h arrangement, if ac- 
 ceded to, while the orders of council 
 shojid bo in force, would ever after- 
 wards be insisted on as an acknow- 
 ledgment of 'heii Ic^^Tlity. Tlic se- 
 cond w^s, that if the negociation should 
 eventuite in an arrangeme;!', chica- 
 nery, for European govern 'iients do 
 not di-idai:i to make it an auKt'iary, 
 would snnn hnd in such an arr;jnije- 
 mcnt, eiib.er an implied or exp ess re- 
 lease of all obligations on the ilri'ish 
 government to make reparation lor any 
 injury or wrong received from the 
 execution of those orders. I mighl, 
 sir, also add other considerations, but 
 as I have already stated them in tha 
 first part of my argument, I forbear to 
 repeat them. The penetrating eye 
 of the President saw instantly thro' 
 the diploma-.ic artifice ; and the Se- 
 cretary of S'.ate in a style (hat evinced 
 his clearness of perception, convinced 
 IMr. Jackson that the tricks of negoci- 
 ation, however specious, luid lost their 
 magic power. 
 
 The tendency of his projects was 
 ?een and avoided. The Secrel:try oc 
 Stale in the following extracts from 
 his letter, of the r.Mh of October 1S0':>, 
 aildressed to Mr Jackson, proves my 
 assertions — he says, '' Had none of 
 those obstaTles presented themselves 
 to the course corresponding with the 
 sentiments, and dispositions of the 
 Prrsidcnt, I should have felt great 
 pleasure in giving you formal assuran- 
 ces of his readiness, to execute the 
 conditional authority with which he is 
 invested for restoring m its full extent 
 as far as it may depend on the Unit- 
 ed States, the commerciol intercourse 
 of the two countries, and that he would 
 moreover, bo disposed to extend the 
 experiment of a friendly negotiatior 
 to evcvy point of difl'erencc- ^nd mu't 
 ai interest bcf.vccr> thc:r.< 
 
1 o 
 
 •' !f indeed in the event oi' n siicccs- 
 iul termination ol" what rcl.itcs to the 
 case of tl^c Clicsapcakc, it be thought 
 that a removal of the dlfiicuhic-; aris- 
 ing: from ihe orders in council mii^ht 
 be laciliictcci, by comprcl'.cr.clinc: ihcni 
 in a ijencr il ncgoiiation, and the opera- 
 lion oftiie orders can in the nienn 
 time, be suspended, the dear misht 
 be ccni^idcred as immFdicJrlij efien to 
 that cour.ie of proccedinc;. To such 
 a suspension no reasonable dejection 
 can be rr^ade, if as you have stated, the 
 erders in council as now niodiiied, 
 k-Hve the trade of thp United S(ates 
 nearly r.3 great, as it would be without 
 the existence of such orders, so loni;; 
 as France and the other powers shall 
 continue their decrees, inasmuch as 
 a discontinuance of their decrees by 
 those powers confessedly requires an 
 immediate, and entire revocation of 
 the orders in council. That a sus 
 pension of the orders with a view to 
 their being brought into a general ne- 
 gotiation, is more reasonable than a 
 temporary submission to the::- author- 
 ity by the United States with that 
 view, is obvious from the rcP.oCtion 
 that such a submission would neces- 
 sarily involve a relinquishment of the 
 prirciple which they have stedfaslly 
 asserted ; whereas, a discontinuance 
 of the orders in council in the present 
 actupl s'ate of things, would not be 
 incompatible wiih the principle on 
 which they were originally founded." 
 On this point I shall forbear to say 
 any thing more, except to recall to 
 notice, some facts relating to past 
 transactions between the United States 
 and Great Britain By the 7th arti- 
 cle of the definitive treaty of peace of 
 !7S3, the Bricish governn\ent stipulat- 
 ed not to take away " any negroes or 
 other property of the American inhab 
 itanls ;" Vet we find, that, when the 
 British army evacuated New York, 
 and embarked for Great Britain, that 
 stipulation was disregarded. The viola- 
 lion of a solemn treaty gave the in- 
 jured party a right to demand repara 
 lion ; the demand was urged, 8c evad- 
 ed. 
 
 Since the ratification of Mr. Jay's 
 treaty in 1795, though the stipulation 
 in the 7th article of the treaty ot 1783, 
 
 as above stated remained as wss su )- 
 )n)scd untouclir' ; yet it has been and 
 v.ill be contended whenever a fliscu?- 
 flion shall take place on tiiat subject, 
 that the United States have by irr.pli- 
 ca'.ion lost all right to reparation. 
 Let facts and experience admotii^h us. 
 Ifwc do not keep closely connected 
 past transactions v.ith surh as arc dal- 
 ly occuring. It will not require prophe- 
 tic in'^plration to inform us, thaitiie 
 chicanery of the British goAcrnmc.it 
 will be honored ivith another triumfih^ 
 in the prostration of America'^ rights. 
 Hving shewn that Mr. Jat.ksof.'s 
 manr.cr of conducting the correspon- 
 dence with t'ne Secretary of Sta'e was 
 indecorous andinsuUine: ; havii'>i like- 
 wise shewn that from his ov/n acknow- 
 ledgment, he had no powers to re- 
 dress past violations of rights ; end 
 that his mission in whatever point of 
 view it can be exhibited was insidio is, 
 I will now proceed to shew that Mr. 
 -Jackson irave the //r, oficn and direct, 
 to the President of the U. S. and like- 
 wise to the Secretary of State. I re- 
 gret, sir, that I am compelled to spca': 
 cf things as they are. I am not to be 
 informed that some gentlemen fancy 
 they see Mr. Jackson's conduct, man- 
 ner and views in a different light. 
 The gentleman from Connecticut ( Mr. 
 Dana) saw the danger of handling this 
 subject too rashly, the sharp repellent 
 points of which were to him ■ 'ble — 
 he touched them not. He retired 
 from a contest, which promised no 
 great acquisition of fame. He very 
 prudently took a wider range, in the 
 amplitude of space, like a good pilot, 
 ho looked for least da ger. Mr. Jack- 
 son in attempting to prove that the 
 President was fully acquainted with 
 Mr. Canning's despatch of the 23d of 
 Ja.-. 1309, which formed but one part 
 of the instructions to Mr. Erskine, dis- 
 regarded those lorms of respect to- 
 wards the chief magistrate of the U- 
 S. that even rude and savage nations 
 exact and cause to be observed in ho» 
 nor of their chiefs. Mr Jacksoi* was 
 early informed that the Pesider' had 
 not seen the despatch to which he al- 
 luded, nor were such instructions 
 known to form a part of those which 
 Mr. Erslune had received, until a co- 
 
16 
 
 py of the instructions %rcre communi- 
 caleJ by Mr Pirikncy, cur miiiister at 
 the court of St. James' some lime af- 
 ter I he disavowal had taken place. 
 NolwithEtandinp; ihis information, Mr. 
 Jac kson rhatijjed his f^foond and in- 
 sisted tliat if the despatch a'.ltuicd to 
 hart not hccn seen by the President 
 the suhstaDcc of it Itad been given to 
 him by ^1r. Krskine; thence conclud- 
 ing; that tinder such circiimblances, 
 the President could not look for the 
 execution of the provisional arranj^e- 
 mcnt by the British government. It 
 is true that Mr. Krskine, in converra- 
 tion with tiie Secretary of State, did 
 stci'.e cerlain propositions vcibally, 
 which :-ir.ce the disavc.ral of tlie ar- 
 rai t;f mcsit arc found to be in substance 
 tiie same with those contained in the 
 dcs.paicl) of the 23d of Jan. hut which 
 Llr. Erskine never irfoi med the Se- 
 cretary of Stale were derived from his 
 instruc'ions, all which will evidently 
 appear in the cxtr'\ct from his letter 
 of the 14'h Aui;. last, which I have 
 read to the House, in artjuinsj on the 
 con'petcncy of Mr. Erskinc's powers. 
 
 The Secretary of State knew, and 
 it wab no secret, that the British mi- 
 nistry had lonjj endeavored to induce 
 this government to surrender during 
 the war the colonial trcde, a" d he con- 
 sidered the renewal of Ihis proposition 
 by Mr. F.rkine as a zealous effort on 
 his part, to try aj^ain the disposition of 
 this 1,'ovtrnnitrt on that point ; find- 
 ing himself cliecked at the outset, he 
 took oiher p^rnur.d, which beine more 
 ciD'p lible with the views of the Pre 
 Gident, served as the basis of the ar- 
 rani^emeit of April last. 
 
 This, sir, is a tru- statement of 
 far «, wlich Mr. Erskine'scorrespon- 
 dci'ce will prove to be just. 
 
 Althoup;h Mr. Jackson was repeat- 
 edly inlorn.ed of the facts as stated, 
 he continued to ure^e the same thm{» in 
 sucU a manner as to compel the Presi- 
 dttit, by coi.lir.uir.j* the correspon- 
 dence to acWnowl' djje the truth of his 
 assertions, ai d to stand self-condemn- 
 ed, as having in the face of the world, 
 dtliberatoly mainiait.ed a falsehood. 
 The Piesidcrit of the United Stales, 
 coiiscious of adheiing to fairness and 
 houcsty in all his negotiations with the 
 
 British gCTernmcnt ; having i:i his 
 possessii.n .Mr. Erskine's letters, csta- 
 biishiiif^ beyond a coubt hi? title to tiiat 
 character, he determined to put a pe- 
 riod to tlie repetition ot a language- 
 implving a knowledge on the pari of 
 this government, that the instruciions 
 of Mr. Et skine did not autnotise him 
 to conclude the arrangetr.eni uf April 
 last. In consequence of this determi- 
 nation, the Secretary of State in a 
 letter of the tst of November 1809, 
 addicssedto Mr. Jackson, says, " Af- 
 ter the cr.plicit and peremptory asse- 
 veration that this government had no 
 such knowledge, and that with such a 
 knowledge no such an-angcmcit v/ouid 
 have been entered inio, the vitw 
 which you have again presented of the 
 subject, makes it my duty to apprise 
 yoM tl>at such insinuaUons are inadmis- 
 sil)le in the intercourse of a foreign 
 minister with a government that un- 
 derstands what it owes to itself." 
 
 This intimation to Mr. Jackson had 
 no effect — in the ccnclusicn of his 
 letter of the 14th of Nov. he pgain 
 in a strain not to be misunderstood, 
 nor surpassed in rudeness, says, '• you 
 will find that in my correspondence witli 
 you, I have carefiiUy avoided drawing 
 conclusions '.hat did not necessarily fol- 
 low from the premises advanctd by 
 me, and least of all should I think of 
 uttering an insitiuaiion, where I was 
 I unable to to substantiate a fact. To 
 facts, such as I have becocne acquaint- 
 ed with them, I have scrupulously- 
 adhered, and in so domg I must con- 
 tinue, whenever the good faith of his 
 majesty's government is called in ques- 
 tion, to vindicate its honor unci dig- 
 nity in the manner that appears 
 to me best calculated for that pur- 
 pose." The President had af.ar this 
 letter, no choice left iiim but to sub- 
 mit to the calumnies of the BrMsh 
 minister— to be told that no credit 
 was due to his asseverations, or to sus- 
 tain wiih becomi g dignity, by termi- 
 natiri? the miis' n of Mr. Jackson, 
 the reputation of the Americrican re- 
 public. 
 
 In dismissing Mr. Jackson, I am per- 
 sinded, from my view of the whole 
 affair, that the President did nothing 
 more, than he was imperiously boun^ 
 
TT 
 
 '.u do. A govciaiTier.t, ill, iluxi ki-.ows 
 no. i..jV7 lort'^jj'vct iiself, ca:.ii<>t be re- 
 3;)( cifcd Tiaiiclity i.ever tails to in- 
 v4ie a}:;gresbions, and l6 subject the 
 nation tbat acts uccorcliisjj to iis suj^- 
 ge li'Vis to iiu filiation aiKl diiKract,-. 
 
 As the c:ent!ejr,an from Ccnnecli- 
 cu;, (Air. Pi- kill) has erdeavored to 
 slicw ili:»i no similaiity whatever be- 
 tween the case of Dc Palm and the 
 prcacut can be tractd, I will ask yuur 
 i.cw;<;e.ce while I s ate the case of 
 D" Palm. In the year 1727, George 
 the Fi.s'. in his spcerh to Pailianicnt 
 anioiii; o'her cliasges ap;aiiist the Ern- 
 pt ror of Ger:->-iany, assured them of 
 the trul i of iliis, that his imperial 
 ni jcs'y lia.l coiicluded a treaty with 
 Soiii , in wtiich was a secret article to 
 to piuce the PiolC. dcr on the throne 
 of Gie.vt Britain. His imperial ma- 
 je ty tooK umbrajre at the kinp;'s 
 spoi'ch, aad ordered De Palm the im- 
 perial residei t to present a remon- 
 S' aice to the Bnish court. The re- 
 m-iistraice wm framed in terms un- 
 u ualiy bo!' a d poimed, chai ginj; the 
 kinj^ " with ctJuTinious misrepresen 
 talioiis, and liazardii.i^ ass-rrtions void 
 of foundation" — De Pa.m published 
 this memorial. 
 
 Beisham, the British historian, says 
 — " The allegation contained in this 
 le.terand memorial seem but too 
 well f unded ; but the intemperate 
 1 •. KUdjje of these papers giveliit^h 
 an'- just <ftei.ce : a d Mr. Shippe- , 
 Mr Hun';,erford, Sir William Wynd 
 hou\ and all the leadei-. of opposition 
 ii P^rU-c>rf.ent, warmly cucuired 
 in the address to ti e throne on 
 this (iccasion, which passed the House 
 ■without a di»ser'ient V' te, .nd De 
 palm was requr«d forthwith to depart 
 ou of the ki gdoni." 
 
 My object is net to tiace similitude 
 of tea;u'e>- in the cases of D< Pohu 
 and of Mr. J'f.kson the Bliti^^ minis- 
 ter No wo laccb are ai'ki — lo 
 Cu•^es ai uniform ai d txfct in ali treir 
 circumstances, but 'rfl'tg shades of 
 differences do not preclude a depen 
 de ce on ihe s&me , rinciple as a 
 ba^iii*. I have a more impoTiart object 
 in v>trv ha' such » 'on parisor— it is 
 to inculrac this t]oc lit.e \ 1 ich he 
 c«3« of fie Piura illu»aa<e5.-7 
 
 lint the first step to national greatness 
 is IjaiTiMHiy nnd i (jncvri in tlic ;.ovt. 
 particulary so when a foreign powtip 
 is the oppoiient. 'ihe iruerpLisiioi of 
 the iiulhority aiid ii.lluci.ce of Pa.lia- 
 rncnt in support of the Execu'.ive nia- 
 gistra'e aj^aiitsl the imperial rciii'cnt, 
 De Palm, was propci, dibiiue re»icd Iz 
 patriotic; & the sacrifice of parly fee 1- 
 ingsby the oj>posiiic ic the wclf:.rcof 
 their country, an instu'ce of niaj^nani- 
 mity & siilf-cunimand. no; unuoilhy of 
 the t-niiilaiiori oi the Ati^e-ican pa'.ri(;is. 
 Tiie genileoian from Conin-cdcut, 
 (Mr. Dana)ir» the rafale he lonk, ad- 
 verted to the following passage in the 
 letter of the Secretary of Sta:e to Mr. 
 Pir.kney— •' Anotiier ground on whicli 
 protection was asked for, is the sup- 
 posed tendency of the larguagt ol oup 
 newspapers to excite popula< vi.:,lence 
 on Mr. Jacksor.'s pe'-^on. Had he been 
 longer ard bctttr arqu: i:-ted wih tiie 
 habi'S ard spirit of the America:, peo- 
 ple, he would probably fcyer have en- 
 tertained an appie'.ensioit of '.hat ior.." 
 The gcntleina- then asked, to what 
 law- did the Secretary allude? la 
 what courts wete redress to be s. ugi; ? 
 Were thefedera. courts to be throwa 
 ope'> 8c pri>secutionsto be institu ea fut* 
 libe s under the common Jaw ? A: t is 
 is not the first time tha quet ioi.s of 
 this sort h"ve come from tha: qii. rctr, 
 i. becor es necessary to give iliem a 
 short answer. It is now, sii, as ii has 
 always been, the doctri e ol the re- 
 public'i's, th -t religious freedom ar.d 
 the !ib»-ty of the press, are bubjects 
 O'-. which Congress canno- cop.stiiu- 
 tinnally leei-^late. if he following a- 
 mend ' t-nt to the con ti'U.ion has ny 
 meani) k :— Anick- 1st. ^' Coi grcss 
 shall make rio law resp^ctinu' ai; e- L-ab- 
 H hment of religion, or piol.ibi ing the 
 fr c exercise thereof, oi abriugii g the 
 fr.edom "^f speech, oiot the press:" 
 And also, that the federal ceuits lan- 
 nt derive any jurj didon liom the 
 con mon law, auiho-isiri them to lake 
 ( ' gnizance of crimii^a < ff' nces. I* 
 Co. gressca^ by law abvdgc the tree- 
 d( m tthe r rtss— Cct v rcsf can also 
 by law establish a religion ; to c( ei- 
 ther of wtich I conterd r.o cor r'.Uu- 
 •ini a' I over i= given. I rci: thi? view 
 of Lhe subject, I am c^nvinctjd that;lj<? 
 
.^ - ..vy of State-could allude to no 
 o-her liuvs than to sta'e laws. The 
 liberty ol the piess is, thank God, 
 under the KU''i''<^*'i*i'S'^ip of stale sove- 
 fti^^nty ; dui I lru«t, the republicans 
 V. ill r.t\crV while they are influenced 
 hy correct p.iiciples, usurp stati 
 powers. Mr. Jackson has a resort, if 
 hi pleases, to tvib-.i i^ls ui justice as 
 i( dspendent as those ol ihe United 
 Suves, composed of judpjes who aie 
 iii no respect inferior to those of ihe 
 frdv:ral cf'urla, in talents, abilities or 
 W'jnh. N-> c<'a.pl"l.i can :heitf -re be 
 nude ti. .er by his Briani ic niujesty, 
 or Ml. J. ck-ion, his minislei, since 
 t'c Svime tribunals of ju- ice, that pru- 
 tt ci 'he repuiaii: n ^id honor ot the 
 1' ■•^:^ident and every oilier Ameiicaii 
 ci '.zjn uj^ainst the abuses (.f ilie press, 
 art also open to him. The- coi slitu 
 Jion ar.d laws ot the U. States are in 
 cthe; cases fully competent to his pro* 
 tiction. 
 
 I s.iall row, sir, take tl.e liberty of 
 directing my alteniioi' to S"me obser- 
 vations, which fell from a ire'Uleni.n 
 f' ui the stitc of N<\v York, (Mr. 
 G iTilcnier) wl.om I am i^l-d to set in 
 his place. TiuU honor..b'e genilemci; 
 has told u* that the iiiteico'irse wi h 
 Gieat Biil.iin v. ould not be abandoned 
 by the Northern frmers, as a commer- 
 cial coil' ectiun wiui that countiy ..f 
 f rd Lt vent for tl.eir surplus pmduce; 
 and a so that tl e inteiesi of iiis c-n 
 $ti'u ats es-entially depei ded on its 
 renew ,1. I wil u der;ake to con- 
 vince t.iat i^entl ..man, that he oueht 
 to occuiy otht;r iMnuid, hy shewi. g 
 liiat a i"..dc ca id on ur,h G Bri 
 rain alor.c woud leave on the fume's 
 Jmnd-s t reef'^urlhsof licir su' plus pro- 
 duce A lact liOt very cons' li.g t^. the 
 larm;'i-s and planters of the U. Slates. 
 £Mr. Garde:ier rose tr. c rect a mi$ 
 statement n to which Mr. N had lal 
 Icn. Mr. G. sai 1 if Mr. N hid added 
 that the Not then states wou.d not a- 
 bandon their comn erce with G. B. 
 for light a- d trivial causes, he w( uid be 
 correct.] I am willii g, sir, to ti^ke »he 
 argument <if the gentleman with this 
 limitation, hat the commercial inter- 
 C'use wi;h Gieat B'-itain should not 
 b? surrcid^red ot abt.'^doned for light 
 'f-* triyial causes. 1 have swiUcriOUgU 
 
 on the conduct of Great Britain iQ- 
 w.irds tlie L'niitd S'ates, to shew whe- 
 ther their complaints arise from, and 
 whether the ac's of this governnient 
 are founded on light and trivial cau- 
 ses. The view which I bhall takt- of 
 this subject and the facts connected 
 with it, notwiihstaiiding the explana- 
 tion, will siill be the same. Permit 
 me, sir, to express my regret, that 
 aiguments on great na'ional subjects, 
 instead oi beiiig general arid rontpre- 
 bensjve, should be narrowed down at d 
 coiifintd to I c.il considerations. It 
 ii cenain y iniprc.'j ei at d impolitic to 
 cu the United S'ates up into distiicts 
 and slips, ;i.d to icgi h.te for ei-ch 
 division. This chequer d patrh-w< rk 
 son of legislation comports not 
 with ti»e desigu of this ^oven ment, 
 nor with the interest of this ration. 
 Correct and enlightened policy in- 
 culcii.es liberal and enl?rgrd views- 
 sacrifice- ot local and minor inifrc^.'s 
 to the piomoiioti of tlie genera good, 
 and paiticulariy th's truism — hat the 
 health a: d vii^' of the members are 
 derived from the sanity and vigor of 
 the body. My bjcct is to shew that 
 our trade toG Brriiain is far from be- 
 ing lucrative, th t wi are not depet>d- 
 eni On htr fir r ur coHimeicia! pros- 
 peiity,and iha' a tiade confined to her 
 p . ts solely fo a shcrt space of time, 
 wnld have a p raiising efTcct on a^rf. 
 cul'ure I si»a:i arrive at m> object 
 V A plain st.teme' t of facts The 
 foil wing extract is from a leport of 
 the Seciet:iry f the Treasury to the 
 H un- tf Repiesentativf s in 1806— • 
 it will SU| port 11 y asser'io . There- 
 po t sa) 9 — "On the exports to the 
 dominions ol G Britain i Euiope, it 
 may be obsei v« d that tht t^b.jcco is 
 supposid o t xceed the ani"Uii' want- 
 ed for their own coiisumption ; tl at as 
 the laws of G. Biiiain do not permit 
 for home consunption the importation 
 of tnp gre. ter p rt of the articles of 
 foreign merchand'ze in American 
 vesseh, those W' x. appear to havo 
 been shipped in m il.t U. S. have ge« 
 nerally been either cleared for E; g'- 
 land and a market, or when larxJedy 
 warel'oused foi re txr ortatior. ; atid 
 that flour ai d vhcd which -^re not a 
 
 permanent article ol' exponauuD iqG* 
 
19 
 
 Bri*a5ni c-ns'Mi'et! more than tw>- 
 thi'ds of '.M. valu^ il '-'C ;imv ■iio 13 
 e Tter' fo t'lat cou t-y in 1802 a. d 
 1803 Al-h iu '' h? qua fyjt.C'j- 
 t <ixp or rrl 'o G B is e ere si. g, 
 anti's v'li-* a'^ ititpd. in 1804, to 
 near s-v mi 'ir>.> two hu dred M.ousand 
 dollars ; y.i the tnt:il v lue of the ex- 
 p ' ts 'o th.<» rou'itrv did not, in that 
 year, exrc-.-d. in artic!e<; b<^th "f do- 
 mestic and f r^-is**! produce, thirteen 
 ni 'Am: twT jMi'f' ed tbousatid dollars, 
 Vr St the im/io rations amounted to 
 tr^rnty severi mUtiO' six hundrrd t/iou 
 «("..,' n, liars. Ill kl ..,■ b'javce in Ja 
 V'jT of G Britain of foWtr-en million 
 tvj hundred thousand d-iUars. A this 
 baLiiice nnukt rec:;ssartiy be paid out 
 oj th" firoceedn of the exfiorts of the 
 U States to o^her countries, it fjli' ws 
 thiit on the value f ilioi-- exfiorta de- 
 fiends the abilitt/ to pay for British 
 7iuinujacturcs to that exttnt ; ar;d that 
 the quaiuity imported for home con- 
 su np.ion or re-c:cporiation, mu^i oe 
 affected by every obslruciion to the 
 comver. ,• of the U. S. with other 
 countiies." 
 
 ii. .lie year 1803, tlie value of the 
 exp rts of tlie U. S in domestic pro- 
 duce to all parts of ihe world a-rou t- 
 ed 'o more than forty tv/c mil. ions of 
 dollars — and in 1807 to the value oi 
 for:y nine millions of d.'ilars. 
 
 The exports of the U S to all parts 
 of the world in foreicrn produce, in 
 1804, amounted in value to thir.y six 
 nuilior.s of dollu;s, and in 18o7 to 
 fifiy-nine millions of doilrjrs. 
 
 ThMs it a|)pears by ref^ular calcula- 
 tions that G. Britain does not take of 
 our clomes'.ic produce, in value, cpiite 
 thirteen millions of doUa- s, and of fo- 
 reign produce not riiorc th.'.n two mil- 
 lit os, two hu'.dred and sixty tiiousand 
 dollars. Hence the foilowin;- fic'sa^e 
 evident, to wi: : that if the V. S were 
 oonfu ed in their trade solely to Great 
 Bii ciin, d tmesiic oroducc to the value 
 of thirty odd millions of d liars won d 
 Ttniain on the hands of the farmers 
 and planters for want of a market ; h. 
 between thirty-five and fifiy-six milli 
 0"s of dollars in foreign produce 
 ■would remain a dead capitui in the 
 couMvy. 
 
 A coiisequcnce not generally taken 
 
 T rnlcuh'ion >»ould inevit;<bly re- 
 su ' from a nade c 'i.fi.icd to G. liii- 
 tw \ alone Such i* the spni; *•! M,)e- 
 cu'Ji'ion, tfiaf it must be ;<ctive. S ,ip- ., 
 m n'stoG IJritain in such « slate jf 
 tliines uon'.d bt- made ; t!ie maHCits 
 wou'd i)ecomp flu ted — t e pv^^ of 
 produce would si'.k b-iuw fi 'st cost, 
 a dba'kruptcics would en e fl ef- 
 forts of wliich would reach tiie ac • 
 f»:' mansions of 'he farmer a. d m^.» 
 cha-iic I shall sav nothing on tho 
 ho-\<\ of mnki'it; G. Qiitain the de;©- 
 of the produce of this country, to be 
 bv her trans shipped to other coun- 
 tries— -^he jTov'^r iment of the U. S. 
 revolts at su'-h a pietcn^i m. I will 
 never >;ul^mit to wear the bad.'jc of co- 
 Inr'ii' vos^aHan:'*. 
 
 T will now shew. 'nTt the Noi'hein 
 states rre not so much i' •er:,.'ted as 
 the 'P-ddie and souher s-j^io- are in 
 the corMnu?tnre of friendly intcrcouric 
 with G Britain. 
 
 The exports to G Britain in domes- 
 fl- nrof'nci consist > f the folio win;^ 
 articles : 
 
 i^ovar, value in dollars — fn'e millions, 
 Tobacco, do three militotis two hun- 
 dred 8ctwe;'ty thousand. 
 Provisions, Tio miliions one hundred 
 
 ar.d sixty thouss: d. 
 Lumber, naval s'orcs, and potashes — 
 One million five liutidrcd fc 
 seventy thousand. 
 All other n'-ticles of domesic produce, 
 Ntne hut^dr^d '.housand. 
 F om this statement, if atte.'tivcly 
 considered, it will appear, that the 
 mic'dle end snuthem states supply G, 
 Britain wi'h dvomestjc produce to the 
 valu' of„-erieven miU'-oos, seven hun- 
 dred ?.'4T seventeen thcu5ard dollars, 
 and the Ve- En(::!ar.d states ar.d state 
 of Ncv;' York witli not more than a- 
 mouots to one million seven hundred 
 and twelve thousand d >Ilars. 
 
 This last mentioned sum when di- 
 vided into por ions between the New- 
 Ivij^land state* and state of New York 
 will not very logically and arithmeti- 
 cally prove that the northern states 
 arc njorc interested than the middle 
 and southern stales in a commercial 
 intercourse v.ithG. Biitain. 
 
 Itis, s-r, furfro.i my intention t<| 
 de;oga'.e in the I«r»st L'-om Wx-i tt:y# 
 
>0 
 
 merciul importance of the nori'r.ern 
 9'.-,ifs — lor IS jl uiy in'e- '.itn to make 
 i.'i'lr.us coTtipaiisoi.s. I h^ve beon 
 re'iK at.ilv compellccl to sift, lo a-.a- 
 1) .e dof^rnus v/iiich have oeeii so 
 ot (-■. pronour.ced wi'h cof>f dence on 
 t lis (l to' and lo viijuic I'.e liie ctiarac- 
 tcr .t' tar state, I have t!ie honnr in 
 p— '> vepre* nt T' i-n ilie crari^e )f 
 fc'iinv; hostile 'n c .mricice, and partj- 
 cu TV \Tiih G iJ itiin. I trust, sir, 
 tha* I hive shew . that ^'■ -i ia as a 
 P' i'iC.'H;- stare is intereste 1 ' • r.oni- 
 I'lCT'-e Kjually \vi;h iv. sis.er sta -s ; 
 bu: 1 am . ;tisfied that ^ w 11 be a 
 Tilotg the last, fj ?ui:'e :dtr ne i.a- 
 ti'Mal ligr.;, to obtain a tniserabie p'.t- 
 tdLKc.t 'f coimnerce. 
 
 Much ha» been said, sir, on the 
 suhject ''vf Ff^vcnue, and ma y have 
 dcT)Ior».d, it) a inanner not to be mls- 
 tak n the dirninutloa of the same 
 I •} co!T)%-. "Tfiitor'ant to uviderstand 
 t •»? s'lP 't* :he Treasu'y '^nd the 
 c^u c^ •vbich ^avr: cor.tdhuted to le5- 
 st'. ihj receipts. Evr.ry man who 
 cinsidersthe si-uation ofthi-> co"nt y, 
 in a so'>er, and temperate m;inncv, 
 must perceive "liauhe fi-rd operatio' s 
 of h? U. S h^ve not b2cn iniuvcd by 
 any act of the ijovernm'.Mit A. mo^t 
 oi oui revenue is derived froo corn* 
 TT»- " e, ay depression wliich '.lie latter 
 snfT rs must Iiave a tenden* y to 
 decrease ;he termer, Oir commerce 
 vith foreifjn nations is independent 
 ot'tliC cnr.tro! of tl-.is j^oveinment. 
 K 1' h na'ion has th«; lisht, and tiic 
 prtw.'rr of reguliiling- ihe same within 
 its dom.inioiis. A rpve U'j .vliic!) dr- 
 pc Ills .in comn>rrce m'lS' necessaiily 
 b'.: 'inre*'ai'i and capri -ivius. I, m .y 
 b fji ""at to djy — t-i m.orrow it may h". 
 r. "s by half than on 'he prcredii'.f:^ 
 dav The arhifrary e«Iictr. of i^overn- 
 nrmis tc 'O cnm.m. rce, wha' he 
 state of the weaklier is to mercury in 
 <.h' tube 'if a Thermo-vieter ; v risf.s 
 and falls from the j-.flucnce ofcui'j'^s 
 over w'\irh ^lote ra:* i)e no cojrrol. 
 Tilt vvar i:e!\vccn Great Rritriin and 
 Fvjr.cis of a thiu'rrtcr, that has no 
 PiVdlfi in th/* l)is'ory <.f tli< worid, 
 Tl;". I iw of nations in a!! former -.vars 
 afT'i'd''.! ?n"r.e sirt of proteriion to 
 r . i; <■' , ' n: ;utv ;• is a dead IcJter. 
 Great IJiitMia ...iJ Frauct b;' orders 
 
 ^d decrees prostrate in the twinkling 
 Ml an evit tlie wise and vc 'crablc mo- 
 numems i-f a^ije^. Lri heir rat^e a- 
 i^air 5t ea^h oir%:-, and from ;he in- 
 .Vi^atim uf e. vy and jealousy at the 
 prosperi y of otners, they respect no 
 Ijw, i-)r rii^hts. Ii the p.ervitude <•{ 
 power — t'*icir will is Jic ia\v. From 
 thec)n uiscd stale <>f tmope, the U. 
 S. just risiiig from .he ci);il'u3ion u:id 
 depre^^ioM of a Jonjj rcvoluioniry 
 con'.est f>r imlope- donct, luid -nd 
 s.ii! has a dith:uii part to ac. Tlr ir 
 policy has been to avoid b-ini; par ies 
 to a co'itest wliich iirr.mised no advan- 
 tat^e. A'.dit wili require all the saga- 
 city of the •;istoriar, wi-.o records il:c 
 eveiUs of t! cae times o dctei mine 
 whether h;»sli'itiet or .sliiances have 
 been most fjtal to the r.at'on whose 
 misfortune i lias beci 'o take sides. 
 Suffice it to say that the commerce dJ' 
 tlie United Sia'es baa suffered imjch 
 from the orders and decrees of hs 
 beili:<cicnts 
 
 Can it tiierefore be a nv.U'cr of 
 wonder that the revenue should ex- 
 perience somo diminuti'jn v/hich de- 
 pended i • times like tiiese on the 
 prosperi'y 'if comm.erce ? Ni liule 
 cons'ia ion is hovrever dciiv.d fiom 
 iw'owin;^ that though our c;nbarra'fs- 
 ments have been j^cm', the revenue 
 hr»s been such as by able mana;;einc.nt 
 to support tlie government without re- 
 sorting to taxes, and to enable the re- 
 pubiicunslo p-iv large debts contract- 
 ed in times nf fc?de"al prospeM'.v. 
 
 If a loan of four millions sixiuM he 
 required, it wi I b borrowed to pay a 
 c'cii'T. Ni new debt is thereby 
 crcaed 
 
 A'.li"u:rh a loan to that amount 
 shou'd be: mnde — vet thenatif.nal debt 
 is di'iiiirislung, ina-?much as an appro- 
 priation to the amount of eight miiii- 
 or.s - f dollars is made for the pjyineut 
 of the pub'ir debt. 
 
 As a great deal has been said about 
 the revenue — it is necessary thac he 
 obseivations shouM be fairly met. 
 From some remuks and hints, a su)- 
 posiiion may be rirtertaincd that the 
 present administr3to|s of the ;^overi- 
 mer.t. h \v : been lavish of the pu^^l'.a 
 treasure — 'h?' they havo bren podi- 
 aal. To lebuiaucli iiisinuaUons, iet 
 
21 
 
 facts be stated. On vatyue assertions 
 no -eiijn^e can be had — i r:om'->*'U've 
 view >)f 'Se f/fleral a-ul ♦•epubl can ^A- 
 iTiinisTations will sbew which ouj^ht 
 to liave mns' mirit for hiisna-Kriiigj 
 the fi ancs — and for extendini^ com- 
 
 Federal .Idministra- Rehuh'ican ndminis^ 
 
 tion. (ra"'o" ommenc tithe 
 
 Athnf Mirch. 18' tl 
 
 'I''<"'-'v nin" millions 
 
 ,. • , ■, it„„it,c '^f (I'lllirs i>-i 1 from 
 
 5i!. ..r M:..rh isul. '''^ ['^^ "* -^"'"'^ ^^^'l 
 eiffhtv millions of dol- to the nr^.^t t,.ne 
 
 \r>nev in the tre^vsu- '^'^ " '''"'^ '■ ;l-;^t_this 
 ry on the Is el ..v ^i Y'"''^^''' T V 
 Apnl 18jl,one ml'li- '^^" f «;•; "^;"^"° 
 on seven Iniiul.T.l and m-^.;'-hv Mr \'l ms 
 
 nine v-four thousand "J ^.P^-" ^f "^ "^ ;;,^- 
 do'lai"' clus'vo o* ininv niiMi 
 
 nn<; paid ♦'or interest 
 01 Mip ition 1 de'>t. 
 Lo n hv ^^l^ Ad-^ms, .^'^ ''^=i"s m.d^ oinre 
 five millions at « per the nommenrennpnt of 
 ^g^j^ t'le vennbhcan :idmi- 
 
 nistntion. 
 
 Land & house tax. ,, , , 
 
 Tvx on skills ^^" taxes repealed. 
 St -nip '.ax. 
 
 AUcn and sedition x„ .dien and sedition 
 
 Dii'.ies on mei-ch n- 
 di/.e imported md on Tlveniif-"i IfiOr, n- 
 toni-a.q-e in 1800. a- '•'"^'"i" ^'"''m mer'-han- 
 mo.mied to nine mil f'> '^'^'^■" '•' P'>'-tod 8c 
 lion, cig-h'v thousand. ^''••'"1 ^^n'lHire bout 
 niiic hu-.di^d Si thirty sJ^t-en mdhon ofdol- 
 two doll rs ' I'l"'*- 
 
 To-.nuKe in 1800, to T.,nnri{re in 131S 
 nin- iiundied .nd se- ^„p n^;)]; „ -u-olmn- 
 venl. -two thousand ,i,.,.,| g^ twentv-sevcn 
 t^'^- thon=!and 
 
 'T'he p',i"chasp of 
 Lfinisi mi h s qnieted 
 th ■ min Is of our wes- 
 ten "i'izens. niaced 
 thf> T ^,\\ n« \vi: bin our 
 power, o.nd o-ives to 
 th'» "•ovcnment a 
 fund 'n vacant I n Is 
 worth at a low rilr.ii. 
 ln*'on thi'^p hmdred 
 mi'''on "fdoll'.rs 
 
 In r n li'l" «»x*in- 
 f^MS"d to manvTiil'i- 
 ons of lucres on the 
 eastern side of the 
 Miss'ssippi. 
 
 The credit of'iie na- 
 
 liivi is such as to c/m- 
 
 Tnand wlmiever it 
 
 may requii*-. 
 
 Ihe resolution fro n tiie Sen^.^e i* 
 
 •iai:! •■.> have a war aspect. If it hn"?, 
 
 J aai tgo blind to see it, but for argu- 
 
 neit^ B%ke, lef nn lunnnse, it takes 
 sirfinor iTOT'd ^.\y ve, sir, fro tj ■ 'C 
 cond'ic* of th" B'-'t'sh minister, do 
 leR'< ? When the .r'vernment is in- 
 snl»ed hv the mii'^'er "^'f a foreiirn 
 power, w» owe it to our consiiiuents, 
 a' d 'o ourselves to rnain'ain i^s rij»lits 
 and H' '^\'y. Todoi'^s^ would be, in 
 my opinion, to tami'^h. if not to sur- 
 re-dor that i 'depende ce, so hoiora- 
 blv a'chicved bv the valor of our an- 
 cestors. N^o man in this nation h^s a 
 rjreatT abhorrence to war and its de« 
 mor d'ziojr tend'^ncies th m I. I am 
 unwil'i-.{ir to daw the sword, unless 
 innperinus necessi'v ureses an appeal 
 to it. ^s indispensible. Bu' wi'l the 
 fear of w ir put it ^t % Aw * ce from 
 us' Ts frar, 'he -E.'is, t'>ar -s to 
 shield this ation fro o it ? History 
 inr)rm« n> thi"^ sunoli.int naMoos i^ave 
 ^elt most severely i's scour. -e. No 
 na'ion that ever purchased a p-^are, 
 bu' c^aire a pre oiu n fir war To look 
 at dintrer in the face, is to disarm it. 
 Did our ancestors, of ejlorious mcmo- 
 rv> obtain indenende'tce by half way 
 measures and indecision ? N >, they 
 resolved to b^ Tee — ^nd became free. 
 
 Thev de'er ni-'.ed not to subioit to 
 (he power f the Rr'tish Pirliament, 
 to tax hem. They resisted the in« 
 siG^n'ficant, cnntemp'ible tax. not be- 
 cause it was oppressive, but bcc;iuse 
 the. pay -^Kn' ot one cent would cs a- 
 blish the riq;h' of the British P.ilu- 
 mentto tax them. Vy^iihouta jx'^vtrn- 
 mcnt, withotit money, wiilmut a tr.a- 
 surv, wi'Ivm' credit, without arms, in 
 short without any thing necessary to 
 carry on war, except union and stout 
 hearts, they refused to pay tlie ea 
 tax, and in defence of those rii^hts, 
 which nature'> God had pjiven them, 
 they commenced the corde^t. I a 
 righteous cause, they hjd iiothiiiij to 
 fear. 
 
 That Hod who led the pcrsecited 
 th'ouirh the ficr;' furnace un-oucoed 
 a'ld unhu't, le t' em also thr.'U. h 
 revolution ary horrors ami cari.am, uid 
 on »he ruins 'f their oppressors, e rc:- 
 ed the standard of il,depe^de:t e — 
 Shall we, sir. tmdcr a |»ovcrnmeiii of 
 our own cl'oice, and with mean-, rot 
 inferior to tho<;e of nnv '''.itT*.:! what. 
 
 ever— sh;All wc in iliis tenriple dea4C&-^• 
 
22 
 
 th(- ri.r S' r'<"'~d b'>v '• ' f' ? I 'iu«it ii. 
 Gfi! we shall rot. I: necessarv — I 
 trust we >h. |!, bear' aid 'land, urite to 
 cany it ae^ in victop'o is througb the 
 ranks of our eriemies, and ertct it 
 again on their ruins 
 
 As an ohse< vation has been made, 
 tending to 'hew thatoppo iti.),i to lie 
 administaiion <•{ the government is 
 not inconsistent wiih an e 'Ii .itened 
 zeal for liberty, or att chrnem to the 
 CO sti'u'ion, it becomes necrssa'v 
 to understa- d the ex'ent and force of 
 the observation before we ixivn to it 
 th<' innportance of a poli'icaJ maxiin. 
 If no more be '-nean , than 'hat a re 
 presentative of the people is bonnd 
 to v'ive to every act of the other 
 blanches of government, a dispassion- 
 ate investigation, and to wi'hHoId his 
 a'j^ent from measures, whi^h he is 
 Conscieniiousy con iMced cannot p-o- 
 mote 'he public t^o- d, I acco'-d t > the 
 justness of it. T e soverc'ijn power 
 o' tne nation, being entrusted a; d con 
 fi i" d to our exercise, and to that of 
 tlic other co-ordinate bra-ches of go- 
 vernment, »ve are S'lem' ly called up 
 o.t. 'o exert our eiei^i- s, meital a-d 
 physical, for the desirab'e nurprse of 
 deriving from the constitu ion evefv 
 good, that it is suscepti'l-. of bes'ow- 
 ing W3 have ()l---dG:ed ourselves to 
 tiic citizens of United Ameiira so to 
 act ; we are bound to fulfil the expire- 
 tuioni of the peop'e ; and to trat-s- 
 rr.it to posterity > freehold pUri oony 
 of liberty aid inde|)endence 
 
 These blessings are not within our 
 Teach ; they will never deicend to 
 posterity, if we permit the banc — the 
 pfiisun of all free govpinmp"'s, the 
 spi.it of faction fo ass-iil the con<ti 
 t\!'t*d autboiitics — i' is ■• ffirtion Mut 
 Vii bi a slo'v H! ■'! .^"^less a'~'i'>), 
 irear away and uUimately destroy ihc 
 
 sp'IngB ttiat e've to republics an irresis- 
 tible force I ''m ot, sir, the advocate, 
 nor will I be, of any measure w ;ich 
 shall not derive its origin, from a con- 
 stiuti"nal or correct political princi- 
 p p I will to the best of y weak. 
 jud>rmen pursue 'hat line of conduct, 
 Wiich appear? to b^. just and proper ; 
 w'li'-h while it teaches nr.c, that I 
 ou -ht to respc't mys-lf, informs me, 
 that respect is al«o due to those who 
 are honored with the confidei.ce of 
 th*^ na'ion, and are made the deposi- 
 ari 's ofi s power. No measure shouid 
 Iv consicrned from the prevalence jf 
 party spirit or feelings, either to blind 
 ann»-o n'ion or to blind rcp'obation. 
 P T^onal considerations should give 
 place to sentiir.eits of patriotism. 
 Th- a-ihiiion of mi. Is-ering as tie 
 high o'iest at the altar of a party, 
 sliould h?. merged in that elevated en- 
 'Nu iism 'hit ivould make us wor- 
 sh'poprs in the tru faith at the altar 
 of out- countty. The constituted au- 
 thorities would 'hen, each in ii its ap- 
 pronrinte sphe^'', perform its consli- 
 ru'ional function^, ; iccomplishing iho 
 end of i»s creation, in feelini> n J obey- 
 ing the ceni:d i.fluetice of the pc'^ple 
 
 -he centre of the system. The de- 
 
 sno's Tf the world woald trembls at 
 tho poiver of the natio. , wtien that 
 po-' er wou'd be wield.'id by the na- 
 tion. If 'he best interest '>f his na- 
 tion shmild not be properly secured 
 and m:ii; tained as i- ough", I rrutt iu 
 God. th^t the citizens of U-.i;ed A.. 
 me''ic'> wil! awakon to behold the 
 (lingers '.hat surround them — hat y 
 will trace efTf'Cts to their cause — that 
 they wi'l ascend to the fountains froi.2 
 wljtch all their misfortunes flow — 
 that ih".y will, at a c''isi^ I'k-. this, ri.se 
 in the m^j'Tsty of thei'* strcneth and 
 co'p'T-,in tc.^i.c the national arm, iho 
 pov/er of the nafion. 
 
% 
 
auai