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VOL. X. BIVR DOLLARS PER AH HUH, CONGRESS. f • ~«v« a*-— O DEBATE a O.N THE JOLVJ' f.'KSOLUTION n Jtfi/irowing the conduct oj the F.xecutivc d in relation to the refusal to receive tj any further communication from J, Ju ancis James Jackson. e j Deckmbkh 20. I h In committee of the whole, Mr. Has- c; Set ; n the chair— e Mh4| —1 ri!iG t0 submit j ( af6 w ret: >ks on the subject of toe a resolution now under consideration, &, in violation of a i ule which I,had ti prescribed to myseil'; which was, to n take no pari in the public discussio''s t! of any general question which might s , come befor this Mouse during the ti present session—a rule to which I p might hav« adhered, had it not been alleged mat those who . were opposed f< lo a resolution of la-'t session, appro- ti bating the President for the prompt t i manner in which he met tho overture h made to this government by Mr. Ers 0 kifie, would act inconsistantly by sup- n porting the resoiution now on your c table. a At the opening of the .las't session fi of Congress, the President ol the s United States commurue Ur,d to us an h arrangement entered i>»fo between o this government atni Mt\ Ei>ki">e, the r representatives, of t'-e British govern- m mtnt in Ametica, important ii iiselt c and more so when considered as open- p ing the way toa more extended ac- ri cotnmodation. The terms of this ar xatigement were carried fully into ef a f ctby the United States, with the ■expectation that the terms of the a agreement thus concluded would have o been carried into operation by the v British government. But, Sir, it is c &ow found that this arrangement has d been disavowed, the minister by whom p st was made recalled, and Mr Jackson lj 'sent to replace him. tl This new minister in the cxplana- s tions which he found it necessary to s make to this government of the causes d producing this disavowal on the part ti of Great Britain, thought proper to f. xtse and repeat a language highly in- v decorous and offensive; and out of t these circumstances the present que# v tio?i lias arisen. We find, Sir, that this new minis- r ter, in the threshold of his correspon- d ftince with Mr. Smith, insinuates that (. vh s e arrangement made with Mr Ers- J kine, was entered into with bad £»uli on t the part of this government ; fur we tl find the following statement in pa'ge r SO and 31 of the printed documents.—. t u You state, Sir, very truly, that au i arrangement had been made between P you and Ml 1 . Erskine, and that hi* r majesty had thought proper to a vow that arrangement. ; a *' I have here in ihe outset, to regret! c the loss of the advantage of verbal in j v tercourse with you, as 1 shounl have j t availed myself of it to enquire whether s by your statement, it were your intent tion to complain of the itself, n or of a total want of explanation of it, j i or of the circumstance ol thatesplana ! ( tion not having been made through j fc ras. I observe that in lite records of a this mission there is ho trace of a com- f plaint, on the part ol the United \ States, ot his majesty having disavow 1 t ed the act of his nui.ister. You have , r not, in the Conferences we have hithei- t to he*), distinctly announced atiy such t coinplaijit, and 1 have seen ttith plea sure, in this forbearance on your part, < ar. instance of that candor, which 1 i doubt not wili prevail in all our torn-' c rmiinca ions, inasmuch as you could ; < tiot but have thought it unreasonable ! \ to complain of tire disavowal of an act i done under such circumstances, as < could only lead to the consequances j < that have actually followed." j 1 Mr. JacksoO here congratulates ! i himseli on the cat dor and for In ar ancef of Mr Smith m his faiuire or re fusal to make any complaint whatever of the disavowal of the tnade with Mr. Erskine, alledging as a reason for the absence of evcy <• ace of coinplabit on the part of the Unit ed States, th'at the arrangement was made under such circumstances a» could only lead to the consefj'n noes that have followed. The co'Keqecnces here alluded to, at e a disavowal of the J act of Mr Erskine. Now, Sir, if our executive nego tiated o?i arrar>;;e«i.ent with Mr, Ers kine or any 9ther mif.iMer, ut dei such circumstances as could only lead to t. » disavow I of the act, t»y the meat with whose n inisier the ar. & WASHINGTON ADVERTISER- rangement was made, and a know,lege of these circumstances rendered it an ] act of forbearance and candor to : make no complaint whatever of the < disavowal—it must necessarily follow, i tha;. the arrangement thus made was ' improperly entered into by this gov- i , ernment; inasmuch as a reliance on ' this arrangement by our citizens < I had overspread the ocean with Ameri- ! can commerce, which was wafted by i every gale to distant reogons, all sub ject to ths avarice of British cruizers, 1 and this fact whs known to thost; who ' administered our government at the < time this delusive arrangement was < made. Tnisj Sir, -ppears to me to be '■ the fair inference resulting from this 1 when divested oi its diploma- j 1 tic flummery » f 'd reduced to plain ( English. 1 Mr. Jackson seems t<> find a motive • for this insinuation irom a comrnunica- 1 tion made by Mr. Erskine to the Bri- 1 tish government, which he states that 1 he had subm ned to the consideration * of Mr. Smith the three conditions mentioned in Mr. Canning's despatch * cf the 23d of January, and inasmuch ! as the arrangement of April is variant from these three conditions, md sub slituted (as he states) in ieu of them he hence infers the «ndoubted rij*h of his majesty to disavow the arrange ment, and solemnly declares that this was the only despatch by which the conditions were presetibed to Mr. Erskine for the co-.elusion of an at - rangement with this country. Mr. Smith replies to Mr. Jackson as follows : 44 If there be no trace of complaint againtt the disavowal in the archives ■ of the mission, it is because this go- J vernment could not have entered such complaint before the reasons for the [j disavowal had been explained, and es- j, pecially as the explanations were just- J ly and confidently expected through v the new functionary. And as to the £ supposed reserve on my part on this t subject, in our several conferences, I f did imagine, that my repeated intima r tions to you of the nfeCessi.y of saris- 5 factory explanations, as to the dtsa- ( vowal, were sufficient indications of , the dissatisfaction of this government 1 with respect to the disavowal itself.'* 1 Mr. Smith, in this reply, seems to J manifest a surprise that it should be t declared that the despatch from Mt;. i Canning to Mr. Erskine of the 23d of ' January was the onhj one by wl»ich j ' that minister was to regulate his con- j , duct, and this surprise seems the ' j more natural, when, by a reference to < the correspondence which took place J in April last between Mr Smith and | Mr. Erskine, at the time the arrange- j ment was concluded, we find Mr E - \ skine submitting, conformably to in « j structiofis, certain propositions for the i consideration of the American go- ( 1 vernment. This official declaration j that Mr. Erskine had received the in ' structions of his government justified, 1 this government to proceed with the negotiation, unless, as it is alleged by t the s enileman from Connecticu , I ! (Mr. Dana) it became the indispensa- < |ble duty of this government to sec. and examine Mr. Et skine's powers be fore any arrangement was concluded vvith him, i asmuch as a ratification ot | j the arrangement of April last was not I J reserved —md several ancient authorl ■ ties ate produced in support of this opinion. Whatever may be the rule of pro , cedute where one government, by its . ! representative, makes important con ■ { cessions to another, or where the terms ; ' of the agreement are unreasonable or | : ! unequal in themselves, I cannot pre j i tend to answer ; but where tl»t terms n of the agreement are reasonable and j > | equitable in themselves, it has noi been , I the practice of more modern times to > i demand a sight of the instructions - posse ssed by the minister making or - proposing to make the arrangement, r IV > it reference to the correspondence t which to felt place between Mr. Pink 's ncy, ouf minister at London, and Mr. & Canning in which Mi Pit.kney sub - nr.ts certain propositions to the British s government for their consideration, $ we do not find ilia' Mr. Piflkney was s 1 called on to shew his instructions cr s in erroguted respecting them. His e | HneiJ stave ment, that he was Instruct* | cd to make the overture was then fm defined sufficient, aiul although Mr. C unninr did r.ot think proper to accede Ii io the terms proposed >.y J&fr. Pink r.' y. yet no want oi power or authority u, alleged as a reason fvr the teluittl t.n his part. WASHINGTON CITY, PRINTED BY SAMUEL HARBISON SMITH, PENNSYLVANIA AVENUE. WEDNESDAY, DECEMBER 27, 1809. There seems to be a fnanifest im propriety in the notion of demanding a sight of instructions in ordinary cases, inasmuch as the act of the mi nister, in violation of his instructions, would be wbligatory on his gbvblhY* tnent, according to the usages of na tions, where a ratification wan reserv ed, in all cases where the terms of the agreement were reasonable aid equit able in themselves. Now, sir, what.) was acquired by this government in the arrangement with Mr. Erskine unreasonable or unequal ? Was my thing more obtained than a Recognition ot our natural and indefeasible ritflit freely to navigate the ocean according to the rules of public law, a right bc | longing equally to ?H foreign and in dependent nations? If,by the arrange ment of April last, a ratification had been reserved, the British govern ment would in gr o4 faith have been bound to bare ratified the pgreevnent, as no good reason could be aligned , for failing to do so And, sir, this failure to see and ex amine Mr. Erskine's instructions is not ; alleged by Mr. Jackson t>& a cause or reason why this government h.-d not a . right to complaifi of the disavowal, | From this I infer that the official state ment contained in Mr. Erskine's cor- <. respondcnce, that he bad instructions, . and that he was authorised to make j the arrangement, was all that was ne- )! cessary to be known by this govern- ' ment before the arrangement was en , tered into, and that the Secretary of ] State was necessarily lead to believe j that Mr. Erskine had other letters of instruction than those contained in Mr. Canning's despatch of the 23d of 1 : January last. Sir, let us now examine Mr. .Tt ckson's re ply to Mr Smith's statement, in which Mr. i , Smith declares this overnment lud not a knowledge that the instruction contained in Mr. Canning's despatch of the 23d of Jan. was the only despatch by which the condi tions were prescribed to Mr Erskine for the conclusion of an arrangement on the matter to which it relates,' and deolares, if this fact had been known at the. time the ar rangement was made, ths-t & Would not have been u. dr. " 1 Mir. Jbckson, in his reply to Mr. Smub, declares th t Mr. Smith w>b acquainted with the instruction which was given to Mr. Erskine, and that he h d no other insiruclion than that contained in Mr. Canning's des patch of the 23d of J n. is it possible to conceive a contradiction more poMlive than that contained in this reply ? Un gentle man ni his place states any m. tter of f act to exist, and he is told in reply thai the fact stated is untrue, and th t his st .tement was | made with a perfect Mid intimate knowledge lof its falsehood, 111 the world would at once ' agree he was insulted. And the present ' case does not differ from the case 1 put, ex -1 cept that it is obscured with diplomatic ver- I b"K e But, sir, Mr. Smith in hts letter of the i 18'h of Nov. expresses h s dissntisf <ci.ion at the liberty taken by Mr. Jackson and de clares such insinuations inadmissible. And what is iVir. Jackson's reply to Mr Smith ? Why, sir, we find in p <ge 71 of the printed documents, the follow ing : " You will find that in my correspondence with you, 1 h: ve carefully avoided drawing conclusions that did not necessarily follow from the premises advanced by me >md last of all should I think of uttering- an insinua tion, where I was unable to substantiate a fact. To facts, such as Ih? ve become ac quainted with them, } have scrupulously adhered, and in so doing I must continue, a henevef the „ood faith of his majesty's go vernment is called it) question, to vindicate its honor and dignity, in the manner that p pears to me best calculated, to for that pur pose. \\ hat were the insinuations which Mr. Jacksonluid mad<i ? Why, first, that the tir rangement negotiated with Mr. Erskine was done under such ciicumst'ances as could only lead to a dis tvowal, and it would have b'v'en an act destitute of candor on the part of this government to make afiy compt int of that disavowal; and, svcondlv, ih -t Mr. Smiili was perfectly acquainted with Mr. Erskine's instructions, and know he had but • the one instruction Contained in Mr C .li ning's despatch of tlie 23d of iTaW r Not withstanding Mr. Smith positively' denies I ar.y such knowledge, and complains ofsitch ■ insinuations as inadmissible, yet Mr. J ck son WQilkl least of all make an insinuation where he canld not substantiate a fact; and to f ict s, such as he had became acquainted with them, lie had .-adhered, . and in so doing would continue 1 This, sir, is ajustific tion of iji theehar ge6fulminated against this government by Mr. Jackson, and" a notice given that he ' would continue to charge them with bad " faith m the Ibrmntion ot the arrangement, i anil cf possessing a knowledge of Mr. Ers t kini's instructions, which had been positive- -. . ]y denied. v\ U t course was left for the tidmioistra- ' tion to pursue ? Why, Sir, either tu hang i s down their errs like the sluggish ass arid « bear w.th patience Mr. Jaeiis-.-n's ilipp-nt j s rca«ns,or cut. him oft' in the intuitu r diey }i ive t'.one, said put an end to farther oppor ' tuni'ies of abusing this government. The 3 course taken was surely tha only proper one; -and the question now btlore us is, v whether ve will our government in i the mi si re thus t ken, whatever coiiße 1 cjiu nc<" nay grow but of it ' t m p>epM?« «i<Ho sity tbatwc ft. has been stated by the gentleman fr nn Uliimlj Island, t,h it lie did uol see \vhere tins insult was given. Why, sir, it ticies appear to tiny mind ..s clear and as *-vi>!«:*' .>s> the light of d -y is to rWy sense of sight, t'. xi'iti -»u examination of the documents, t!»at an in sult w.s given (otitis government beyond heaiing; :.nd I should also think tint no mm could examine those documents with •> drtVrni li Ut >nto ®givc the f r * stan d their propter weight, who would not jpalre the s.nne discovery. But. sir, ucconlin.; to the old adage, none so blind as him who will j not see. 1 Ico re now to that part of the vib'ect which princip lly induced me to rise, which, is to sh w (if lc\n) that there exists no in consistency in my opinionon the resolution ; proposed at the last sess on by a gentjc m n 1 from Virgini . not now ii\ his plat e, aid the support which I mean to give the p-esent resolution. Indeed, sir, 1 might rtlort on the gentleman from Connecticut, inasmuch j.s he was in favor of the resolution of 1 ft session and is now opposed to this. If the two resolutions are substantially similar, he must he inconsistent as well as myself, and it would prove only that we had changed sides. But, sir, 1 take this change as pre senting <>n irrefutable prtiof that the two 1 c ises are dissimilar, and the intelligence of that gentleman has discovered this f*ct. The resolution of last session was merely approbatory of the conduct of the President for the performance of an act which appears to me to h ve been merely a ministerial one. Congress had vested the President with a power to remove by a proclam tion the in* j terdiction of our trade with ti. Baitain and France, or either of them, on the happen* ing of a particular contingency. The con tiugency happened in the opinion of the J President, .-nd he discharged his duty. But, I sir. the resolution on your table is a pledge Oil the part of Congress to the President, to the nation, and to the world, that we will support him in the measure which he has taken, whatever consequences may grow cut of it. The gentleman from Connecticut has con sidered this resolution in the i.autre of a . d< hmice of war, and that preparations are .' .necessary to meet the event. Ido not con sider th„* resolution in this light ; neither do 1 consider it a measure giving any just cause of war to England. But, it it should be made a cause of war, I conceive no pre vious prep: mions are necessary, "Whene ver war is made on this nation, that spirit of patriotism which has been lying dormant for year* wil be aroused ; it will be communi cated irom one end of this country to the other with th« rapidity of the electric fluid; it will convert in an instant the merchants, farmers, mechanics, and yeomanry ot your country into ci<i?,en soldiers 'the immense and almost lueih'uustible resources of his country wi'd be rendered active, and like Leonids# and his (jreclans, they will defend every inch of ground, and, if without suc cess, that spot of this country where the last hope of liberty deserts them will be then tomb In what, sir, does the strength ot thisnuion consist.' Not in numerous M*mies or in large and well appointed fleets, but in the ath etions of the people to the government, if' ihe people are. with you, your plans can be executed with effect. If they are against you, you ore vireyk and can do nothing with < fleet. I am therefore in favor of the resolution. . Mr. Wuea on, Mr. Chairman—Honored w th a seat in this House, and called upon to giveiny vote in th decision of a question important to the nwtion, it bccomes my duty and a duty which ought not to be resisted by inc. i lition 'to submit for consid Vition some remarks respecting the subject upon which we are to decide : and I indulge the hope that on this, as on ( very other occa sion, ouf discussion i may proceed with coolness and in a manner becoming the le gislature of a free and discerning people, v ho know v hat is due to theftistlves and the rest of mankind. Tlie resolutions before tis, sanctioned by the honorable Senate, now solicit the atten - tion of the Representatives of the Ameri can people, and rti-ongly iuvite theni to give their assent to several propositions, deduced from a correspondence, lately held between the Secretary of State and the British minister, Mr Jackson, relatively to the points in dispute between that country and this ; find on their own behalf and that of their constituents, to signify their en'ire approbation of the determination of the Executive government resulting therefrom, f which put m end to that correspondence ; Notwithstanding the opinions of several : honorable gentlemen, manifested on u for mer occasion in this Hume, to whom much respect J3 due, and Whose Opinions wiii al w ys'Jiave great weight with me when form ing my own; yet 1 cannot but stilt hold it, au a correct principle* that ia a government like ours, springing from and supported by the will of trv people, they have ?: right, anil that it is even their duty, on great oc casions, ;o signify their approbation or dis approbation of the conduct pursued, or the measures adopted by those ill power. Fpr , as on the one hand it may be the m >ms ot correcting an erroneous prodedurs, so on the other, it may give life and vigor to a wise and honest policj', Ifindeedpmse is asked for as an alms, it Should always be denied; but when it is well earned and realty due, it Would not only be illiberal, but unjust, to withheld it. Wnether the one or ihe other be the case m j the present iliafct.ice, we nuy hazard our own opinions, but the great question will I stilt.remain to be decided before the groui l tribunal of the public. Tor whether tVe al iOw of an appeal to the people in this case or not, the people tVill sm;ttin the appeal - and will finally judge and delei-mme as they j • shall think proper. I presume the honorable Senate,who sent ! , us these resoh lions, requesting our con- J i currence in tbeiii, did not, and I presume ! the advocates for the adoption of tlu m, ia j - this llouse, do not wish ily expressions of \pyrob*tic>n livin anyone, rkre they are • fiAii) itf Ant a Kcr. not sincerely felt. Expressions hi approfil tii)n may indeed sometimes be cofttpelU \j hut real approbation cannot ; It must 7k* freely given. it cannot l»e extorted, out ir/ the discovery of the w.sdom 01* pr*ipri»ty of the conduct or measure proposed to be ap proved. Vlthough my praise or dispraise, ap;,"*•* b.-'ion or dis pprob ujon, either as si pi i\ >t« ciu/en, or as 11 individual jrrtember <•!' 1 b si Mouse, may # bfe Considered sof littb* portati e to those who stand in tbe ranks in conducting the great fconcefrt c . r the n diow ; yet if I could see what, has : -i my anxious wish to .see, and wh ,t oU: .4 imagine they do see, th t our j governm nt had pursued the: -.'.sest ttxi most prudent course relative to" the ! em raced by these resolutions, it would W hignly gratifying to my pride to be ab' U> furnish a few rtiateri >ls for a momtmt.'ii to their praire. In doing this f shouldfc 1 ,'i much pleasure nd satisf ction us did t' f $ poor Egyptian, When . athering together >1 few splinters Of a broken boat as'a fuiiercl pile tor the great Ponioey. It is but nftturol that I shtndj be preju diced in favor of my own country, the coun try th tg ve me birth, ml in which I ba r•' ' ever since lived, and of the government I have had some small share tnfonr'"""; A feel the force of the obligation I am by all just and proper means in my poCei . . promote the interests and happiness of ti i one, and to give aid and support to' i j other. I cannot, however, under tiles'- in* pressions, and with these objects m either feel the necessity, or make nr?sdf Willing to bre ik through those eterna l & f.r> mutable oblig .tions, lam under to my f I and my fellow men, always to maintain ius* tice and truth. It is my wish to eXamo e with r fairness and candor every Subject! which it shall be? ome my duty to COji;' r$ and thatrfly tongue may always be focmd th«! true index of m heart. I know it is a maXim in Some g6vSl'hrfi( itf&t that the supreme power of the state can d<* no wrong. 1 believe, h wever,. that.. tlurf maxim not received the sanction of ex perience in any government. It hafSoifte--' times been questioned even in that go* -rt > ment to which these resolutions poiot,' ami the resolutions themselves are made t<Vde* cide against it. I should hardly then' have expected, that in tins early period of our free republic, such a maxim wduld b rc* ceived and become current here Mav we not yet, sir, humbly and modesth. etrcj ore* even though such enquiry should le-*d to doubt, whether our Executive government ( s this government is but a creature ;>f oar power,) have done right or wrortg in the late hasty step they have U ken, especially wo are now called upon, arid in prett - st ."on# terms too, io approve of it. ff we arc yet fret men, nd retain of out discrjni ma ting faculties,' shall we not examine for our; selves before we venture to express cfrn ap probation? If wed "> not, shvdl we not* tc in danger of exhibiting to the world tfft pic - ture ofconvivial, 'hough tasteless* company over some sparkling duller,ilion commend ing their champaign ? For myself, sir, >{. have examined, and though, wHimodvsti a nil deference for the opinions of oihti st; !•' am compelled as an honest man to say ibr.t what is proposed in these resoiutfoni M'>e* not meet my approbation. IrJ giving- im' reasons 1 will state some facts, but caretafU avoid drawing conclusions ; leaving thi t tc< be clone by those to may i»;> ply The belligerents of Europe* aniion • tv eXcei in doing each other bar in, have b > b done much harm to us. The French, it is sard, have coThtftifie;? Some tres/xmscs on our commercial ng&ts* and notwithstanding all our gentle entreat ties, shew little disposition to cosnpens .It* for the past or desist from future injuri .-7 until having acquired as much power by as they have already by land, they !i) «!i have been able to send their routing ceio nies abroad; and then, if we may judge 0?" the probable ellects of the oue, from v.iP<t we have seen or heard of the other, *r< :> / easily anticipate what kind of redrfe'sr, r. i' ' be offered us. If we do HTce 'We fate of Copenhagen, we mwy have that' or SW>t /.•. land or S|raiii. Those ha* ps on Which we' are now playing, we may be obliged to h:v.t; upon the willows, bemoan the loss of * stolen President, and in a diflß unt tone, -<i hail the arrival of a victorious m-iSter irc.nf the family of the lionaparles'. The Pi ench minister is 3till v. ith us, ■! » for aught I have heard, in full commr.fr:a. r ' and our Accustomed commutiicatiov.s wit'.v ! ami civilities towards that nation are POl < ' tevrupted. For the British government, sir, i fee'rb-y partiality; with British subjects ! hnVo connection; for the Brit.>!;'irt'O". no ■ : •-t tion, but such as lou -.ht to feel for all njiki>r kind. From that nation we hav«!f endured rnrfnv wrongs, and made as mmy complaints. t?ut : 11 the means which the wisdon of ob/ government has hitherto or bcV power executed, f»r redress, b ve prove it ineffee Ual to the attainments of chaf d; i ;i --ble object A different expedient now to be contemplated. Ad communira tion whli that government through tji■ n' nuj nister in t is country is now su -pend -.d, ai-.J the way seems fast preparing for cpimn no.- ing open and avowed hostiUacs with il<a{ u uion How fir the nature an 1 magmtu It' of the wrongs we have -■t>:L > reu / o'i* ni"osp> ct of redress, by tiavi rWoiu*-a t o war, can justify them isiire s i to be con-sidcrcd by tlxbjfe who ..re to r.a.ke the declar io.v. 1 hive no l*esit«t&y in s lying, wrt *c64t'& ing to the confmcto nouona of ;o ukiatt upon such subjects, (I am not much t'ii>d c t w.-ir myself in anyc.se) the Condu.:: of the British "towards the people of th, a country has' in- I soine'i .stmcee, it not tu uiv. been - cnch, :t? :to jus ify forcible reia .t no; piroVideifr'.i ! a due . onsiderauoix ibef;- m.h tioi' i our own, wc could hay • a 1 tion 4 pVo q*V ,•* ' o' suoii res s:a.ice, ot jo'-oem ;or vheiw iored?ess t»ir «urd r,\: no use.