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Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, December 04, 1861, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn86071866/1861-12-04/ed-1/seq-1/

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_.- X' V v .it <J\ 1 <fyo
- v7-* a. ■:/ </W^,r»
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TfFMtf: , M _
ral?7 hpii, |t par an mm; 2oeJ*Weckljr, f i; Wt^klj, |l , il
ay* U 4Jtuis«. lamlttane^ ray to madoal iho rtrtiolJht
Fnba.pfcm ji all cun c’lar® *i taken on th9 depodt of a
tittle: Ji iht Foal Ofcoa ooauL lot .^0.
Oatlqura, It Haw)** to® *•»*•'rticaUjt..*—.
lac.» adCiHcnadinronl^a.£
Oe«'Tontkottnv at ait ration.. i
Th-00 do *> ..AJW
n> JO do ..*0<w
Twolre de do .* JJ
r«l Hum. Three ..e»JJ “®
foelot aotlM...5* w
■' Who *J*-r«>«r.'- to kt eouMatd by lie mootb or yeor
(u.mo operlOed o-i the Sgxarue;.;., or peer!, co'y ayr*e*l epos bo
«*m& the partita.
Aa «d»fTti« -o.n* c l narked -a the ocpy *ftr atpeclded ao'.*
bar o 'cnrrt! v PI be eoattuaeJ until .rdored eat, acJ pay.rant
axa: • 1 ate-rdlaj'17.
td~ Xa.riu u>ro«ra»v»ii>.-To*iroUfiaj miooBderotiaanig j
*B’h*p».-t.: ft* .‘at. . •.'»•• • > ■.--, f. : ■'■■■'■..
%fc\ he*t i rtr nuoenir-»w : l.-o tr.elr!»« ~ia» SednoaJ. let!
fet*;-., Le. 0 sad *U jther Adrt-Uneetente »eat by the* te be an
« : • . .•■ ■ < il i o wbillia
t <T Root letate an'. .Venrroi « g-oto' AaveitSae-eBto ael to be
anerted by the year, be* to be fhv t 1 *1 the ueaxi rat-n, tab)ec
ibtrrti dtocenata .n nb.a'l be art- n uaoa.
yy-s. ■* ». i,!r .Je-ruieri,);'aeralty. eayagtr* jri
•r -ore lyurea, «t bang •, iNnll aut, oa too r
f* v *' ■
% 'ro*d opon \i tl:" > ke tkf tv. hi t '.iic . • ntrwt, and all ei;f,
Sixiom a . wtofc
A)vtr\l- -ma »t:« • •*■* Li tho B*rxi-Wco‘:ly Wh!jal 71 octl
a-r jf l® • * rt i flr*: .x-» *rUc*u au«t 10 0«uW ,
■ »» _
ttuv*" »•«- Wi-a-“
Kl..trH»T W lf.LEK,
ATTOUibl.e a' D CM 'LL’.JKS XT Ulf,
i _ ALLA*. T-AAS.
A* Fro s-.iii.’-i' u *o . u v * Can■' 0'a:«*
.< '.s*- a '. an M k ' ^ , J . C- U , • a; J'. V
^ . tlo'i. Aci;.' e.O , Y* i jdt'nu. A v.i»rl*r ao, l*?’
bilf.Va M-'-v •* '—v . c ; cl?2 N. M Hr-f r' ♦« K .
T -a. *: L ml^-dAC1!
t>A*- • h. Li, C. iiELLi
A. , ft H N 1Y AT LAW.
Hggn 1 I _.a Oi'the eounti-, of iielroe and
;iT-h:T, '! « ->i to say u* biuiace* cammed u
0. n 'L# ■» i . -*t..-..
. -a: v r .rsh-utP. 0., houonCo., Vv
'■£*- t ‘ •
HI kteou-f Cllr. V ci.
WILL ••tor., -ol i the C "jr > held In r.e C.-j of Richmond,
ocU Jie c. antic o( Che-iterhe.d, Hc.r-co «oo Powhttao.
V/Scc on the msec- fit*, or Peat! bad Mala JtreeU. oner the
Ot'r- WVVer * Co. _drW—ly
• ~T ■ii . 'tPha-l brown ,
.•uvad-A’D, vi,
1*7 i. '* .0 ) ;f tic ottiee of Rlchoend and Pe
L • -o nt li.e .oo and Cheetcrfietl.
, . , ct. or -tMc C. li. bnlT—s*
? i.
A L , . / Nt.V at LAW.
1 ^ i . i in lb Ooa-t» of tillet, Meto«r. Monroe,
n ;<r ,1 > .. . i’. at!, sol w.lioaEeei bad remit nuo
, • ...
Kjnu, BRACT!-:* la thcCoerUcf the Olty of Richmond and
A -V Coaaty of Henries. i Jlc; alieaiioa wlj be ttlven to all bo
“ s-’j.-ntreated*, c- JTJr" '71 •, for tho - reeert, «hh Ida fv
t . v-, n --n, *-mah-wt*t c *r. 'loftt and tthMb, i«*T—dly
a rouldin,
• attorneys at LAW,
Co art**—Charioilt, Mam Kltr&rd, Appomattox, Mecklen
Vuc sr i Lant.-ihe- ___geri—ly _
• » » DOV014S. Jh ORR60RJ, Ja.,
aji- . K!n« W r- Old Chorea, Hoaeetr.
VRTU.L. a ee.■! ss. ■ e Oocrta -f Hint WUIan and Hbnoeet. B.
\V b. h,-. jUv et’.liujo at end the Ooarti of Kia/*0iees
JdOaroSa a_?al*—*
ni-ji»t>7Kt. j-st "r* alh. a. aeiaom.
?Uce la t*U 0 ccc- ofth^ * f *• 'Uotaaftl tad eoaaly if
:.•'•:•* . • • ' ' ...
Lj JR. , .■ . lol .-ms erf the practice of LAW la UM
caWla he -atdiiy, on llth, ftatSa| Sank«UML
* (bH-C
-■ .. ———
i CA'T l*<»lVOCRS.—J. W. GAR
(AJSK L’ c >rd, V*., one? >ctor*i “i'empte’llcfbl
IbU Utkin# Pew • ” His U tno only f.* tory of the l ad In ilic
fetlh, tad U pr- ,>*red fur d: the tnlirb %rt le on aj retina
ttft lim» v N^rt‘ rn sr’ir.ufANerrra. dcmple's Powder *i t Ylr
gjbii &:r>'r ’ ^J 0 u,e^ II—liekswii Pa#.
• ftrttlebr^ c ; -lOftlly ._f<3—U j
S'OMKTHlVli > H.
Pk) iC*' JIX* P0& CiK>U‘ (i WATtS.
W9 h*T.* ci han A i > Of iv »e tre eell- •
in* ahmd ahJ la we J a*'m a. iry i MBur shouM htTo u>em«
0»J *» XK A rAKK a r n«cy,
Center of ’.frit »pt Cory street*.
NO. 11 fit 21.-50 hl.J», r*lr to prior qaoitty, for •»!« by
. jyy:. ,w prator. hokcfek * 00.
Ji t.i I.VTI1, ■ KOI.
ymomAs u pmce & cu.»h*Ti jun»p<a«4
J^P h» Owy
Grty Cm'Z'ttm
7 -« •‘weed! •
B’a*? r iuppyi
PUId Oms*c-jts fa: ‘h-.n, fchirtfnf, Priols,*^*®., ter Boldlm.
4 w.ca iiii-. -itifu* 3 os
lr-h Linens, Lla»n Docks,
Tolling. C: ecked Un?r.s
CsLsoss. fa. **:h-*l Cottons •
JL« .’if ' M-n go, !»rt» Drills
C 1 ■’?-!! »*■ * H;'f/ « avI of.Y*r Dress
AvtaMBiW' *w tb^r n: t.Varbt before ihs »«, si *b»>at
^ r%‘ . i<* 1 ut re«*bl)ya
Bqi - pi,, r w . J •> tiA.-olo pay ah »vy .Jdilioo
T. B. PEIC1! *00.
?«>.: * v -iy suDvruAD.
?t c * .i on oft .* 4icr» lo oar viop
YV , ,| v . w 2k i tr e lor V- aorthl.'gln he
_ , , *i» of ihye off cert
L ft| w j. | a * iY * • "*** * ■ re nd >a s*l l be ta -*Aed of It#
ii** u n di •'!.r f l’* oloU*.
** share* • c * - * \r. 1 » %n of:.daring Cacp Hoel*
t»a Ciap C r.s f »r' :* • iV » mi prints.
» O.L rtl .PA'-. AT, • -r.rcom.cf ^ .
jyU—-h. , O-.r. 13-a and tmiilla tb.
MS !" • ' BMM—
tW > ao:.r# PrtCeb Wiaaow ClMB
io do Amerie c do
ivica.-tt-!. f.l . 'r* la i. ro aad for ky
* r. iy.vii.~i .UaCB iS-b nrx
IlKMlfs ie.- ■ - cc - s uC orJ0*„
r'j lot) do kUtol-.ei
■*"' “ ,«i Jo Bod Col. .\b4Uoh. Hitcr, ud
. b- «. W WOOt MUM*
tcr.A-.by , IBihlHrw,
•*fc -
*7l«tBE lOIE 3-IFE A? iCO*?E!
(Office con. - . Oj.ilAffl iXS t-LbVXKTH ETtClllB.)
Ivi-'jt oMtc r-r.iv. f - rr (or * Wra of y«ar«, tad iUTC,
fr M«r» '1.(r..i»t.c • Imjfour|ro»*’
Orl/u Aaa-&«*> r-. • •■ - '.<d«»Urferoi.
Tv .v ... ocm». " r t',!, kooon'^ctr lot«jt «o
V,,. -Qt.alTal oar itt-Cra. »bo m»y bo BUS . •
lu.' r.’eo' ttJtWoi.bi» rr brUl’o, aparor.or by^nji
t-. . *t i.or *1/ lr. U .y r-J Ml ccmfort to t*cct. rm BobrU,
“si?**1 l“ r'1 b» w,*h*41 '•4‘13 tu
f -ttr* a»* lit oocoM-O' laioraaUoB at,furatl.*! HIS
oacoonb. p»a/. piHT3fTj j uakbiboh, r .ddMS
J iI>Aj~ Pl. VAMPi, bra-turf.
Btf*»Bi. M. » .Medic.:
S P. Co-a'rlU'-itPnjMdafl.
jijoccoi B. I'T.l A.'-. ■ ' ■
T«tTHCB-W «t(!«o iPu. » Lr.lhw; »• tide, flj
L l ^.rnch^fdk-V
404 ,0‘ *r -,,1'VT k JAMta.
tedlarr, qoutor bo.«», JoMro**»^
- mpac m» ■*
oomo OUrti of drfcrctl
bcfcM«, MWB, IMh Mt. BOl
Btiocevaor to
RAB open and la (tore, a fall and complete (took of
CAM. »
,f the late.) acd mn«t ft.hlonahle tt>lea, *1 will be told at
•Ulesale and retail, on the moat favorable te.ra.
The attention cf metchantalamoalreavcotlnlijr lotlcimto call
and eiamlne for tLemaclvea.
todeto r r • . ru**t ratios.
C4KH PUitCHAHKU will Coa it to their latereet vo call and ox
usiue icy ovock before porebaatag.__
Vf V aaaemnent of HATS and CAPS lor thfe Spring trade la now
.Vi ooBplrte, embracing a 1 the new itylea and colon of So't
;„t alto M leak'll, Slit andCfalmcrc Gata, and a great variety
j new ttyle of Leghorn an'l Straw Heta In a rat variety.—
Alar, a g ncral aaaoitmcnt of gentlciaen'i furnlahing go dll, l,'m
cro'Jaa, BkWing Oanes, Ac.. Ac , all or any of which will be told
,r u ye at at any - thor eiUblUtunrnt In the city. 111.nl
raapwcifnuy (trite a call from porchaaera.
aahsa No. 1 Ba'tard Honae.
1861. 1861.
MAEUFACT0RI18 ISD wholesale dealers in
Hat*, Caps and Straw Good*)
Ho. Ill Unit pTKtn, (orrorrri 'aonaaoa Ear*,)
Slobwai, t o..
Hare ready and are now offering to the Merchant, of Virginia,
to. *h Carol, ox and Tcnirtt.-e, at prtcoe to iutt the timer, a cor*
iieteeic koi Spring end Boramc CL oda, which for yarirty and
Ityle cannot be excelled. Boyer, will do wrU to give aa x call or
'err -..urthaaiog eUcwhere.
il Riff Ufk Annin Wi*l A\.-lEe..*i>«»V,UG©
Off T‘1S 0IT1 c; RlOUkfOWU
rTX PLANTEii. 1AV1S0* BANb., havl g an ample oauCtt
ttxi and Chartered by t ie Legialatn.0 of t *i.'.r.,x, will recctvi
jooS.ee of FI« UOtJv.ra utl ,'W»r,j, on Which late c t
oil' e - aid _-t tf c ryte o: f't per real, n pe. • snare If remainin',
un c nd*i, or Ifire per eenlu-n per annum if leea than alx thwOtka,
latere:, pays Nraal-Annuatl r. if (Jalred.
[>of nice retolvt. a; tour O-Aca, at iht Iter* of Areara. Duka d
Caicneean. N . to td tin b.reut
I. 1. WILSON, ffretfdaat.
A. A. Unwomaaoe Troaanrar. mail—If
EXltkirfteE Bl'lU/lEV,
Iflin tniiftK., iblCHROKO, VA.
Wotm reapectfAjjoAll aiveat-oa t teorr »iw itytoa a.
Full and Winter* Good».
Jam. 14, lie:. (
delivered to the Or Joan j: Department of the. t*t.o: Vlrmuli
nit, from and after Dili 04, be turned r'-o the Ordnance W are
o ac, at tht corner of lilb an 1 Oury itnitt
lb—If OoL of Ordraaoo of V.vgtalu,
Toots xsd shoes.
N«. 14 Pearl Sir- M,
micum ?ki>, }j.,
a A VC jut rccelrcd a full ami 'omotctt ae*j.traett of
tripled to tht preoent tcuvn, tad, <b uddlt'oc L •Heir -arge and
eeu-ataortad ttoelt of Euat-rn goods hart tfto w.u.» attaaor fo
-a eat* .irlvt rectory a, SUatatou, Va., which It turning cat
tyiet tad qualities of work equal to any In the country.
V luatri Merchant. are reqaclcdto ca < and eia nlnc lor then •
idditl—ti _ So If. rqrrl rtre-t
oouu ootukob bid mm:i iiaan,
KI7PS ooniUntij on hand, a Urg* and varttd Btaortaenfc ot
Imported expressly for this market.
Alto, the beet Old Kye rill.iV md Apple and Peach BRAN
DT, dietliled In me taountaio- of Utla Stale.
All Liqoore and Groceriea aoU by Mm are warranted pare and
good, or noeale.
p. s.—Par. cttlar attention paid to putting up and ihlpp'.u,
go. Ja for offloen and told.or. ilttloael at and away from Kiel.
COMMISSION BUSINESS.—Wl I make liberal adrancet on To
bacco, Wheat,Eloar, Oern and (".her minor product, of the coun
try, each as Bacon, Lard, Poultry, kgt* Butter, Dried Emitt,
Leather, Hides, Potatote, Bear.s, •••a , Ac , Ac
PDTAdlL—A truAll lot Just rec,. red.
ocRI_•_DOVE A 03.
COD L'VgR OIL, for tAle by
CVHKRilT PECTOdAL, “ulph. Cl' er, Oclnlte, HyJ Potaah, Chlo
/ reform, Chlorate Potash and Nit Sl.ver, for salebr
or SO_D .VI A CO.
MATJUkr grots Me chei, aid id gross jfatoa't BUrklng
for stl by LOVE A CO. **• MO
.DEIR* WINK.—8 h.lf pipe. verythlM|W oil; urefulc■
.7 J sweet Mila a WL e; Champiym- Wine hxlfpta'a; Pberry
Wine, extra fln - quilly, car own In.poratlrtn Instore and for
tale by t LIARS A MlLcRit, come Pearl and Cary Its ec8
CVONUKSiTKATEU IVF.-4 caeea on hand, (or itk by
W K have on band a large stork of PaSt and VlBtWdothlflB,
consisting of line Com Uuslnetf Coals #ne B aver Over
Coatt, Blgeh Cloth Procks, rf nil quoltfui. Alio, a Urge ttoex of
tine and common Black Can. Pants.
not Corner Mala and Mth street..
liluHM /N ». hov U, 1S«l
STH —I t4ke tVia me1 had of reiartilng m»ny thank* to my nomc
roa* ca* onie * and far ttieir ve'jr liberal |>*troc*Ctj
»nd many p«*l fmrtir*, B*d reBpec’fti’ly *o<lcU a ronllnnaocecf th
b»a«. Uu*, amler exUtln* clroum«Uncc*, -hwing u> p%y cMh far
at least ones per 01 >a h. u til further notice.
ReopsclXullr, < A K fUBYlCT,
Grater ard Cnmails*ion Meehanh
B#jg_t; Oo u«r llrjad and It sis alchmucd, Ya.
In II V i ^ h.W. M>; r.-. wn, Hklpiee * C>’■
ae.cep'oucce. past due also W day ill on . ondsn. f r salt
b»Rl>M.>Nl>-DAV>:.P . f »c . _”
IXIllUlSI .diD bsbtiBll HOMl I
c. W. . osenu.<Co I
rnur hlrhrst market price raid I»r Geld and stiver, itocbr
“* 0 W, -URCTLL A OO.
nrAYTKJB-I"; local porutoee. a coopi y of s handled
\V men. who ore nolcapsbe f petfOrrlng scrvirelnPeBeW.
vet are able to perform duty In a.e city. N n need ap ly who ar.
rapa le of Belt service-iffoo ytf r new end “
character. Apply at the -Bee, earner ,f Brood and »Uii atiorta.
oM -if ‘ Jno. u. WINDED, Brig. Pen.
THE pror.rletrr tffrrs for »a>, ona thousand or twelve hun
drel aerosof Coo Cane an ! Gum Lanl. aa w*ll adepts I ti
Ihepr dac lon' f Com sort Pollen, aa anv land In the Stvte o
'.ta la Ippi this laud Is s'tual-d on the 8r.n hern b undary u
Buoflewsr O-un'y, on a man'lljI take, tl re* mllea f..m th* Ya
'son tver. Into wh eh It e piles, nBhrdlnr afn* I'.eaiuttat nari
1 cn l(.n let ’ th river Opon this ant la de«dnln< five years oh
Vh.ch la »u.ce|tibl* of m .ring a fin; crip th: Bret ear
"••nna onoiblrt carh; He •.l.ine* In two auiaal instalments
onVbilf of the tame wlU Sr teken la oegro p.wpartr If dea&td.
Address. *
(hla larding) Tasso Rlror. ears of >X ewDrop,
I oc30—tf _ Vicksburg, MPa.
hakv;evs pKt.nm.w bit
TVEJ. mauu'ict jr*.l by Mr K.-Shims of th'.a city, fo
thsteal Cftern years, and n highly recoin nended by pror ln«u
Fhvr'c’nns In Air* la, has gaie-cd a rffaul on ■ Ihe OoBMa at
Army f rlhe onM.of e*ue and PeV.r, ail* ncrll debility. W
c -u sal, v cay 'Mi jy arc a valuable medic'ae lor eapccod aold.cr
—trr them
To hr t.ad of Ml Hrcyr'r'r In this e! y, or of the Pn prlster, «i
Union mil. Blc’.m-nd. Ya _ ”
<7 edi ;b> t,N—id Cr. ■■ Siru'"a.'. »h'.l* ha'f and . >■-•• t Bel
p just received and lor .alt V tELDCf »t MiuLI.P
I ' Jy ~r>- re 14th ar I Cars Mr.ua.
«IA- KT W« V. - *Jr‘ r vs Cl rat IV *a, just lecetvy
V, J nd for sale be A1 VAT . L.. sOVB_no?*1
ItrullWIT M\D« ro Pit biriA ■ -It la r,
xi specs fully request* that the Physic an. of lilo'-motiA a.I n
p it at sha ..flee, aoroer Broad and Math streets, such c Beers an
ioMu-rs under shalr char»e, a» art quartered Ip private tarn llet
hotels and boat ding taocaea, aUtlng thel' condition where qna.
t«r«d, ind. m fir a* yiMNctblt, th*? rejptncpl and 'ompiby *
which they belong. This luloewsaUO* will r*»*iy promaW tie t nl
.'Beers and eMdlere qnaiteral In nrifalt families, hnttla an
hoarding booaas, whs ha-, a been elek but ore ret aUended by an
physician, will report thenaelveo aa above, staling their esadlttui
.ocutao.mmpacy and regiment JH0 „ ww WLJrt.. 6«._
XNOR HUNT «« LK% IK .--The tMMMtt on Mai
r Street, betw -* »th and lUtli straata, recently fecuplel h
III forty A Rtvke, and now tempomrjjr In possession of tf
**£ iCTr^o^y w’3i!0,t: PEAKS or to tho owners. Potto
lloj gWrn 14 loo ti il _ , -, —,
tKOiMl —Jail to hnis MiulyDti from !f*r OrldM,
STfMSsSS iThw 1
y^oosoMkU rateo. J01UIWK. TdC.1«« ^
No. IL
To Ms Editor rf the ICAt'a :
Iu our article tho other day we showed, it in believed,
that the author of tbs artielu in the Cbarltston JfirJ
eury had entirely mistaken the < fleet of tho decision of j
the British Court of Admiralty in the case of the Caro- -
lino, and chat that decision not only did not sfluid any !
ground on which this arrest of the nsutral vessel of j
Great Britain, on the high sea*, couli be justified, but
that t’ e law of nations, then expressly announced,
showed that the arrest was without the color of right.
The Court eaid that “the practice of cations has allowed
to neutral States the privilege of receiving ambassadors
from bG’igerent States, and the usu and convenience of
nn immediate negotiation with them.”
Such is the result of the direct argument and posi- i
tivo authority. Bat the conclusion is made more man
ifestly necessary by the opposite mode of argument.
It often occurs, ss is now tbo fact in oua present
. oase, that one of tho belligerents has a powerful naval 1
' foroe, whilst the other is altogether without a navv. j
In such cases if the Miuisterof the belligerent cannot be i
lawfully carried on a neutral vessel he cannot be carried 1
st all, and tbc privifeeo of such neutral to receive auch |
Mi liters at its own court is tot-iliy defeated.
We will proceed now with the studied and elaborate
article in the New York Herald.
I The writer admits that “at tbs first Hush of <be rrws
I of the cuplurs by .toramodore Wilks* of t- s rebel C-!i>
misMOCer*, M-ssr-. Mieon ai.dslide'll, and ibiir respect- |
! ivc srcrc'aries, Viu-ful'i d and Kustis, on tturi the
i U. itieU suaaicr Trent, in the Bihxnia Ghaunei, a cm- '
| oid Table degree of app ebeneion took hold of lbs public
! mild lef.t our Government, ncuaied by a desire of |
| maintaining frank and Iti-ndy relations with Great ;
] Bri ail. K'ght feel under the necessity. of makiug rep .ra
tion, which might involve the sjudieg on the rebels Id a
UAllona! strainer.”
, Hero it is ucksowledgcd thst, on the firgpcnnounce
j me t of the new*, when men wore moved by onlr thrir i
own Intuitive perception of tho right and wro’g, a cob.
sidcrable d gree ot fear tack h.ld of the public mind
| t at the act was ono of uij is ifialls hostili y to th- I
. British fhg; aud it was only by a reference to tbc bocks ’
‘ of autbori'y that tha writer supposed this opi Ion of ti e !
! p bftc con'. 1 be reverted and their epprebrntions allayed, j
j \Ve will literefore fellow him to 1 it bo< ks, and will :
! expect if ih<ec do not support hUcoocfueions the pub |
[ he wid return to the first honest opinion.
uo ears -untiiy, a sianosra nv »mtr on tne
laws of n'.'ion*, say*, ' on the name principle on wh;ch
contrabands of war and infractions of blockades hare
trees interdicted m lbs eitnunro-i of nations—1 nfean
the principle that a neutarl bag no right to reii-ve a tvl
licerenj—.it baa been beld that o'har act* of id-gal at
w-tanco eflurded to au» enemy, caun-o ro co; ti cation
tho property of the urutral concerned i’t ihca. Amorg
t' ese noun is of a mo-a injurious nature than the coi
vryance of I o<ti!c c’i patcfie*. The misohievenns cot* i
tcqMMttof Mob a wnriot are i i finite,. ii ti .i lv be;
vo: d the i flret ol unv eontribsnd that can he convey >t I
T.p- carrying of two or three cargoes of stores is neceo I
•ar.ly nn assistance ol a limited nature; hot, in the
transmission of dispatches, may be conveyed the entire !
rlan ot a or mpaigs, that may defeat ail the pr* j -c s of .
the other b-i|iger»nt iu that q rar er of the world "
On th's quota Jod, the writer in tho Qsrtid coo’iy
asks, “ Now does not this caw" of our commissioners 1
»• oomo clearly within the d rctrine here laid down ?"
We answer, as coolly, no ; It la not within I* at all; hi t
clearly without it. But tho HsrMproceeds to tho proof
of the proposition implied in the arse, lory question.
The conv yance of tho hostile dispatch is tho illegal
act which is the suhjoet of what is said here by Mr. Chit*
ty; it was therefore incumbent on the writer to show tha'
the steam versel Trent, on which onr Oommissione-s
were carried, had on board hostile dispute!e<, and that
•he was stopped, and her deck invaded, for tho purpose
of intercepting those dispatches—in short, that it was a
case of carrying hostile dispatches.
Now how docs he attempt to prove this proposition ?
Bis method is remarkable, and his sophia'ical art worthy
of Ibc P? silent and Minis'orBOf ths Government he de
fends. Bo does not simply assert that our Ministers, or
tho v-sscl boro hostilo dispatches—that would have been
p .Ira 1. Insufficient, (the proportion was required for a
promise,and therefore required proof) but hs adroitly as
serts the fact, with other thing*, in a form which seems
to imply that tho truth of tho^proposition iu the sense,
and aoeording to 'he signification of the term “ bo*td*
dispat hes," as n*ed by Chitfy, iu the q lota’ion from his
book, was not questioned, bat coco ded. Benya: —
“ The Commissioners were moro deeply implicated in
ac’s of hostility to tho Federal Government," without
idling us what were those acts; and then proceeds with
a sort of argument to prove that certsin sets, which
might have bosn intend'd to be performed by tho Com
missioners abroad, might be more injurious to the ene.
mv—his Pedotmi Government—than any dispatches.—
But hy does not show or even rfflrin that any inch act
would be within tho rule of law quoted from Mr. Chl’tv.
But hrar him—wo will give the entire paragraph. It Lr
a curiosity :
* " These emitsorie* arrested op the Trent, were not on.
ka.waea ftf Vsr.nfiltt ST\1 G hu I Off I) TflrtM
d*erl? implicated in nets of hoetiluy again*! the Govern
ment of the United Sittrg If the mi*e' ietrotn conso
(pierces of simple dispatch c«, ere Infinite, a* Mr. Chir.ty
ren.a'k3, i Of much more infinitely irjnriona mav he cm
iuariei, who arc sent abroad to plot with others who
have gone before them, and to imphete, if possible, neu
tral powers In the ho'tili iea cxii'tog."
; The ins’ruciions with which they were clothed might,
in the word* of tho game atfhor, “ d’feata’l the pr'jccti
! of the other belligerent In thu qaarter of the worH.”
J In the la»t oca'.eace there ia a cunning aid cbl!qt!*
a»su option, that tho instructions with which these com
m'edocers were c'othed, are of the same class of things
which crc denominated by the writers on international
law ‘ ho-itilr di- pa chca n
The wrl-cr had not the r fT-nn‘ery to affirm ruch a prr
p-Mltion, fcut thus obhquely overtiit, with the cxoee’a
tlon that it would no; bs qura*.ione!,'but ths betefit of
it allowed him in the argument.
It is entitl ’d to no tff c whatever. If (lie beMi^erent
bad the right to send m.nUter* to the ncutr.l coon, It
had unquestionably tho right to give them ictrnc'ious;
a dthey mutt l ave the right to carry auih peperj oa
bourd the vessel which bore them. T:u are not ho*,
tile dfspatebe*, but irstrnctioca to minister* fer their
negotiations at forirg'i court*. The author as note,
that tush negotiations might bo pr^odioiat to the corny,
i aid therefore, tuoy bo interest**! on board a t.cstra!
I verse). 3nt this is a mere logical fillacv: the concl'i-iouj
• dots not fvlbw the premisra. The ratridy ugainet such sp-j
pnhcn.lfd 1 jury is not tho capture of thi minister ted(
I his iusttnetio: », on beard the neutral terse], and there/
by a defeat of the nrfoliation with the foreign powr J ,
This is clearly laid down to be tie law by Sir Wm. 3co'/,
t in tho decisicu already quoted by u*, and mentioned /
! .he Herald iteclf. I (
He say*. “The neutral country has a right to pr. <*■#
its relsllor.s with tho cuemy, aud you are not at It&m <
! totonclulc, fV( any cnmniHnica'itn can partnicb
r <i/iy degree, 0/ lie iiii u.e tf hoclilili/ nyainit you. lo |
s eoemy have bl* prrjnt:s to be attempted with VbaA* i
•ral State; but your reli«"ce is on the Inugrity olT*t |
utu’rsl S’ate that U will not favor nor partlolp# *n |
J ir.ch dcsig's, bu\ as far as i s own councils *nd mp'
r art. coco, no d, will oppoee them. And if there
ne private re. son to i-U| poee tbit this oor fi lenc/’ho t
K good faith of the neu'ral State has a doubtful fade ,
’ tjpn, that is n a't*r for the caution of tho KOT*f~"t’ \
| to be oruoterseted by just tnca«urei of pieveadvl^icy,
but is no ground on whiob this court can p£uuoe 1
I that the neutr.1 oarrier has violated his duty b^in* t
1 \
dispatches, wb:ch, aa far as he can know, may be pre
sumed to he < f an Innocent nature and in the mainten
ance of a pacific connect ion."
The Federal Government well understood this remedy
thus proeeribe J by the law, and Las had its ministers
resident at evory court of Europe, with instructions to
prevent, not only plotting on behalf of our ministers,
but employing all their skill to pnj adieu the interests of
the Confederate Sta’es. The supposition that Messrs.
Slidell and Mason would probably consult with the two
or three commissioners we already have there to repre
sent us in twenty courts, and tho inference, therefore,
that it was unlawful for a neutral Teasel, and common
carrier, to acord to them a passage, is too shallow to re
quire refutation.
It Is needless to procled further with the analysis of
this otr'eua phenomenon in dialectics. It is, In short,
but an adroit aesump'ion of tho fact, that these com
missioners, or their supposed indirections, were “ boe
til.iditp»'cbes,” within tho signification of thistorm cm
pin ed in the law of nations. But the shallow art with
which this assumption is made deprives it of all right to
credit, aad the books ot the law prove that it is unquali
fiedly false.
And to this may bo ad led the fset that the vessel was
not arr.sted or her dock invaded for the purpose of in
tercepting hostile dispakhes, but in iruth for the cap
ture of the Confederate ministers, and the consignment
cf them to the Bast la with Mr. Faulkner, the mhistrr
of the Federal Government, on lib return from his m s
s:on on its behalf—on the charge of treason.
Tb" writer then pr.>c»»tU with another cita'ion from
Mr. Cbitty, and an application of it, which is simply
rf Jcnlots:
“Mr. Chittv continuefi—
‘•T..o strict ride of tbo lis of nations originally war,
that in cares of contraband the ship should be ccuGs
cab'd, as well ai the cargo."
Outbid text the Herald pays:
‘ We lave tio dooht, that ia this case the crptaiu cf
the Trent, having full knowledge before ha left H ivans,
and having reaped the demand of a simpl* uiewreger
fmm tin* San J ic'nto that they should be delivered up,
made lib ship ri'-ptnsi’le for the vioU’ian of neutrality,
and that Ootnmodor.' Wilk s would have been as fully
justified, as we bcli ve lie is, in acting as he did."
Now, who ever heerd that the carrying of a civil offi
cer of one of the belligerents to the nort of a neutral
Power, on a neutral vrfael, was within the law of nations
against tho transportation to a belligerent port of con
traband of war?
There seems to have been a strange oversight com
mitted bv the Herald of one of the essential constituents
of the ifTjnco of carrying contraband articles and Intel
ligence, and this error seems to have been committed
by many other writers In support of the aggression.
It is efs -nila! in every csss, that the thing, whether
nerson or Intelligence, is carried directly or indirectly, to
another port of the same belligerent Power. HA nee
it is carried is generally immaterial, bat it mutt in
every c**e be erried to the belligerent, so that be may
have the benefit of it. The carrying of such things out
of the brll:g»rent country to a neutral country or Power
•nigh- Injuriously effect the belilgrrant from which It wa«
carried, but It is never supposed by the International law
to be for their advantage in raili'ary operations. And
we d fy the production of any case in which the trana
portatioc of such things from the belligerent to a reu
trnl countrv h.'s bjen held as violative of the belligerent
pigbt4 cf enemy.
It is therefore snppoied, that, were there no blockade,
a cargo of Ooit’s revolvers and Arkansas Dawio Knives,
or any ia'e'ligenoe legally obtained, mirlit now bo law
fully shipped cither from Richmond, or Washington, ard
transported on a neutral vessel, and sold and delivered
in market overt in London or Paris. We of course do
t ot mean that such shipment to London or Paris is with
the view to reshipment bank to the enemy. Neither the
law of natioor, nor any other law will allow its provisior s
to be era Jod by any coch circuitous operation.
The Herald proceeds:
“ Again M-. Chitty says : * Equally intolerable is the
transportation of privato m en, or officers of the enemy,
and the“e ao's b dag brought to light, there can remain
no doubt respecting the unfairness of the specific trans
ition ’ "
It is plain from the context and subject matter, that
ths private “ men and officers of the enemy" here
meant, arq soldiers and military officers. It is, there
fore, dijfi-.'iilt to inngiae lor what purpose the citation
was made, unless to deceit e, and if this is now brought
tn Jght, “there cm bo no doubt of the unfairness of this
apre fia" quotation.
fhe iesrned HoraJd subsequently support* Mr. Chitty
by quotations from Pliiilinioro, Vattel, Chancellor Kent
and Wheaton on international law. But not one of his
quotations favor in tho least the construction given by
him to his q Millions from Chitty. On the contrary,
the)prove itseontrad otory. It is palpable that the die
potdes here meant by all these authors are all, as we
bavrbefore said, dispatches in relation to military nffufcs,
fronlone post of the CDeray to anothir pmt, and do not
extrtd to any dispatch to a neutral power, nowise aid
ing t the war. We will, therefore, set out so much of
therf quotations as rc-Ute to ths point immediately b«
fottiia. ‘ t
He ci*e of the n*it quotation is another curiosity in
thej>rodac:ion of our author. We will give hU own
woae: “Let ns now hoar from Mr. Phil imore. • • •
Hefty* in ilia commentary cn international law, that it
is (ffup'tent in a belligerent ship to stop tho ambassador
of la enemy on hij p usage, (pago t!il9)."
e have not found the passage in Mr. Phillimore. It
is it ou tho pago cited; bat we fird it iu Mr. Wild
m a work, and it may be taken that it is in alt the
S«f. T! e moating of ifr> author is palpably that it in
ce r»elent to a belligerent to stop the ambassador of
hi enemy to the court of thi belligerent, and thus re
fu * to rreeivehim. Thus any sensible man would un
di I'and it, without, r ’sort to the context. But the con
ic from Wildman is conclusive.
lathut: “You may stop the ambassador of your
. i*iv ou bis pissige, but when bo has srrir.d and
ts*n uoon himself tho fnredsne of his riBee, end hss
P4h admitted in l is representative diameter, be be
p't eaii'.led to ptr-iculsr p-rvll-gi-s, 'et spirt f >rdhe
election of the relations of amity puce, in raio
iAing which ail nations ars in soma degree inter6t ted.’’
ut th« Ilerald quotM the passage to prove tha* yen
aj strip the am lit.dor of the enemy on bis ps fssg"
► the c'urt of a noutrt’ power, and that to tccaro j.'isi
bis you arrest 'bo vet- 1 of any neutral power, an d it
>.ide its dectootf ths high sees, and take therefrom the
iiabttssador. It were idling to waste more lime on lash
i fallacy.
The Herald prooiieds with Its q nti'.ioa from Mr. Phi’*
iriare. . .
On page 37^ he saya :
“Seddon 273. Official communications from an ctBci*
1! an the effiirs of the belligerent government are inch |
li^pitcbes as rnpost a hoa'.il* character ou the car.*le;s
if them. Tbs mischeivoui consequences of such a set* I
’icoc-'unot be estimated, and exUmd far beyoud tho cf
set of auy contraband that oan be <jonvcyej, fur it i*
aanif'st that by the carriage of such dispatches the
nust important opvations of a Iislligireul army tniy
ieforwurd’*d or obstructed.”
It is pliin that tbs official oonstn naicitions of an effi
er ou the afftirs of tho bciiig erant government !tvr<
leant crj such dlspa.ujos as must er prime fteir
ny be “impottirft operations of a belligerent army.’’—
Lad surely it oaunot bs pees 11m gd that contnomcatopa?
» a neutral power mast or as ; have inch effect.
1 *■ nyI ' » A , *
av *! V* r %
The next quotation is from Chance'lor Kec,t. It it
'* All writer) upon the laws of nations ac<l the big’ e?t
authority acknowledge the right in time of war, risting
upon eoued principles of public j irispru o ce, ar.d ap-n
tie instltu’ir sand yraet'cio .'all great nuritimopowrrr,
ard if upon making the teirch tbo vcwel be found ex
plored iu contraband tridr, or in c*rryiog enemy’sjpro
perty cr troops, or dirpirchca, ebo is liable to be U*en
*nd brought in for acju.iica’ion before a prixe onurt.’.’
The predicament in which the word dUpatch’here stand
-hows, that the writer had in view dejpatthe) in re’a
tiou to military operations and not dispatches of thy b;l
'ligereot to the court of a tutUral porer whioR could aid
neither party iu any such operatioi s.
The H*rald proceeds, ‘‘VaUel sirs (book 3 chapter '<
section 101) that tho impartial! y wbioh a neutral ehouto
nation observe between two b-liigercut partiescousis so*
t«o points: 1. To give r.o assistance when there is no prr
vious stipulation to give it, cor ro’untarily to (urn; a
roop>, arm), muuitioue, uor anything of great use in
war. I da not sty to give assistance equalir, but to give
do assistance, for it would be ab.-urd (hat a Bute shoe d
assist, at the same time, two enemies. And, besides, it
would be imoofeib'e to doit with equality; the same
things, the lik’ number of troops,the like quality of arm*,
of tannltiors Afu-uished under dilf-rcnt circumrta •
css, f.re no Ion gw equivalent succours."
The writer mrkes no expreea triplication of this qil* •
ti'ioc, and itgctn Larc’uoue c a leas it be suppcs.d, that
the carrying of the Ministers of one of the belligerents,
with his ordinary documents, from a port of a neutral
State to the pert of another neutral Power, on ar. ordi
nary neu'r*! packet, was intended by the learned Veil i
to be included in tho torm, “a lh inq of great uee in tear."
If any body can believo this, let h'm do it.
The Hera’J, still proceeding with hie quotations, asyr :
‘‘Wheitoo, In h'< Ltw cf Nations, coincide’ wi'h the
views of other p ibli’hta whom we have quoted —(Page
626 ) O^fnsame nature with' fio carrying ofcoitraband
good) is tbo traosportadon of military per-ore or o.
(patches in the sjrvice of tbs enemy." • * • • *
Ilere it will ha noted Mr. Wheaton say- unambiguously
military parson), and we think that the fair construc
tion ol the sentence is military persons and military de
spatches. ButueiuierMr. Maaoc, Slidell. Eoatis, nor Mac
f rlaed was a military person, nor did they citv ary
iu liurv despatch or communication of any sort to ary
belligerent officer or government.
The ll raid, however, continues and says:
••Mr. Wheaton makes an exception of the case of cir
rying de-patches of au Ambassador or other public mir.
1-tor of the enemy resident in a uoutral coun ty.”
And the Court of Admiralty of England, we hav:
already seen, lays it down expressly that despatches lo
and from the neutral country stand ou the samo
The words of Mr. Wheaton are:
“But an Ambassador or other public minister resident
in a neutral country (or the purpose of preserving peace
and amity, between the nentral State and his own Gov
eminent, his a right to freely 6end his despatches in a
nen’ral vessel, which cannot Its lawfully interrupted by
a cruiser at war with his own country.”
Tbo Herald saw Jaud endeavors to avoid the con«
quecces of this exception quoted from his author. U
“But the exception docs not applrhere, as there is
not legally nor in fact any rebel arnbawa iorJrctiJeut or
recognis/d by auy country. If that were the case the
circumstance* inlrht be materially altered."
But there were powers or States iu Europe, who ha I
the right to receive ambassadors from tbo Oosftd-ra •
State), and treat with them at their own courts, and w!i»,
'heralore, bad the undoubted right to allow t ’em to b ■
carried o’1 their own neutral puta-nger veoscls.
And Grsat Britain, having allowed them to be carried
on this mail steamer Trent, a common oirricr, was bouu :
to protect them on board of her.
The fhraiJ, finally on this bead, supposes that th
proclamation of the Qaecn of Spain or Great Britain sc-'
tics the law of this case, and that the Government of
Great Britain will be estopped by her proclamation.—
But it does not appear that the Minister* of cither cf the-r
Sovereigns have so considered the matter, and we will
hereafter shew that neither of these documents is sub
ject to any such construction*
The llera'd and other writers in support of the unlitr.
ited Government, now at Washington, have some curi
ous notions about the right of eearcb. They seem <o
suppose that Great Britain and their federal Government
have a right to s- arch for what they would have no right
to sc’ie when found. They give, as an example, the care
of an American vessel, which has violated the laws of tic
United States against the slave trade, which, they say,
Great Britain had the right to search!
Tin y suppose that if they have the right to search for
and spir.3 a thing in any plane or predicament, then they
may lawfully search for and seixs it in every other place
or predicament. Torse errors will be l ere after exposed.
Finlpublubtdin 1840; re/tMUheJ in 18il>.
To Mr. Webtltr:
Tne reading of your recent speech at R'rhmond, b*s
induced one of the hnmbb nameless mill.on of year tel
low citizens who admire your talents and appreciate
your c parity lor usefulness, to address yon, and point
to an achievement worthy of those talents and ot the ut
mos* importance to our country.
With much pleasure he found you indignantly repel!
lag me charge i-an-iy «iyi« vj »v*
Democrats igiirs’. «omi of oar H‘vulrrionarv father*,
that they had fought lor independence but not for liber
ty. Witb equal pleasure bo read your high encomium
on our politic >1 iusdintiocs, au i united in yocr pray, r
lor their p irpetuiiy. So recmlly after your uetirjr per
sonal obfervition of Kugland and her institutions, it i*
truly cheering to bear you say that ours are not onl,
above comparison, but that (bo exuberance of the ‘mag:
nation e’veu c-aonot fapey anything be-ter.
Ooa'inue, sir, ao to sp-a^ aad so to fed, and you need
never hereafter doubt your recc*p.ion south and west o:
the Potomac. We, oi the Scum and Writ, view thos.
institutions as tha emb d meat of most of cur nations
prid*, most of our nalio *1 glory, and all our nations'
hope. They aro the prou i, preemin nt charoeteri.>tic
by which w’e are and wish ro be dis ingnisbed from otl !
or nations. Ht who<ffe * pare heart-worahip at lira i
« cr*d fane u injy our o-.uiiirymen, let him have bee1
born in what part of the Union he may. He who be*
commend' auJ b.at defends it ae deem best deserving
our e.-tre m.
P light (a! as it is to have cur imrtifution# priz •(*, tb'
crjiyneat of an unalloyed pleasure w^s denied 19 by j
your solemn drcnratioo that, if w • era to havo a r*cui .
ronce of ths-rcoccs r. rently p::eiog tbc c- m rt; f-.r I
the Peer'd rcy, theaeao vlntd and a a prized UMtiiu |
tiara cannot last f;r half.-ccn’riry.
It ia x n .“rr ot tacirfcg ic.ureat to ihc a-tica, vrbr* j
Mjch a m on the hi.,I* rcsoonsibiliir of ccaaohsr 1
: o'er snJ icpaUtticn, wares ui that there is any exls '
ting ptril which mar limit tba dora'ina of enr insure- ,
tio. s to lest than fif y yat-rv
Yeu solemnly a«lt me dd-fashlored RspuMinrl r‘ |
Virginia. ‘‘whether it tan b* suppos.-d that ibis free Re- ,
publican Government of ours cm list for half a-esntury
if its irdmi.-.istra’ion oaur.ot ba changed without surlr ai j
excitement, such a evil revolution, ae is non
in progresr’" Now, I b»g icare *0 a*k vot ;
whether, when there is a 'piwrrfu! pirty ia ihr |
oou'-try, and a min p.'ts into the Presidency ss the her.r 1
of that party," ha can ever ho turned out but by
j 1st such anotbrr cxciicmrn*, each another revolution ‘ j
And, tbeu I pat it tn vou in candor to *;y wbetber tbrr
will not always b“ such a parly in the r mntry, and witb
•uch a PresHent for iis head r Answering there ques
tions as yon must, In the albrmativ-. I again pot it to you,
whether i: beoome* you to fill your countrymen init
(.■Ihi sccnrii*, cr j«.r tbr intfa-nee of hop" of a "ear
gai..e temper, meol, " if eucb I oyer ycu really have, ir
rtiad of ronriog them to a proper etc sc of their peril, it
obedience to the dicates of your sober jalgrpsu’
If tbe svtU growing oat of the conies s lor the Pres;
dency are to be perpetually recurrog and increasing erlis,
accompanied, too, witb inch peril to our institutions, then
there must be some inherent defect in the plan of miking
our Pr ridutts. If so, to b-pe to tscapo from the peril,
iP to hops »?ain«td spair. I stead if indulging the alight
tol ior ui each idle hepe, wouid it not better become jc
and ail of us to endeavor to tr-ce the evil to its root at d
Irrely apply the knife? Is an such, emphatic* ly, the
gro.c Out, the great obligation ol this gem ration to
ward! preserving from d os true ion on; .'res *t-d U. j py
Ueru-> i-na institutions ?
It is the pu-po e of this address to aid in pointing ci t
the root of the evil alluded 10, suggest a remedy, and
theu insist itpcii the aid of roar oowa'fel o fonts and di«
tinguisbed r> pautioti tosards it fluenring the na ion to
ailosr lie application. It ia not, however, alone because
of the author.ty of your nama on ail constitutional ques
tions, that your a'd’wili be so earnestly entreat* d, but as
the Isadei of sli that class cf mea scattered thiougbout
the nation, holding those political tenet* commonly
known ts Fodersi, and beoauaeof your su; payed pe.ul.
a- influence over all such. So difficult is it to procure *>a
amendment of the cor.Mitulion, that in the opinion of
. ome, no »a eriai amendment will ever b<* made. At y
awtndmect of vial impor tines, auch as tint about to bo
supij rted, will nicest) oily require the aid of a laige.wa
ja.tty ol all the intelligent men of all political persuasion-.
Tue "general tenor of your Richmond speech hss induced
(he belief that you would lend your aid towards convit>.
oing those of your owr. sect of the propriety of such i u
amendment, a* it Intks to a meat essential curtailment *
of tho power of the moat important cfH.-crof the govern
ment, no difficulty it ant cipated in convincing those ol
the opposite tore's. Tno Democruy his aiwaye bceu
ready theoretically at I ast to curtail political power—
ever wilii-g to add another “rail aad another rider to
the ferce."
In that speech you say, that in your judgment, it has
com’ to be true, ‘ in the actual woiking of our gov ro
in-it, that the Executive bra teefessed its it flu
eoc’ and patronage to such a degree, that it may coun
teract the will of a n-.jjrt y of ?!io people. I believe
that the powtr and patronage of the Executive cot ou
ly bae Incr.ased—:a ircreruirg. tyal ou.ht to be dimin
ished ” Again you eay, ‘•Perhaps it ramairs to be seen,
wh-thcr the friendd ol the covaddition had not better
hnva giver, 1 *ss powor to the Exccu'ivo and take:, ell
the irotiverieitce ari-ing from the want of it, rather
tnai hazard ill* gritting ol ao much as night proto
dangerous rot only to tbs other dep'rtmects, but to
the s '.fq-y at,d f-codou of the ecu .try at Urge."
AH this, m ght wa l be tre»t*si by t'.oae of us who
have received our political (cashing from the Democrat
ic fathers of the it-public as a distinct aud most flatter
iag tek'owledgmeut of their superior sagacity up?u _
th a s-itject. Bat to be candid, I do not know that we
can, in fairness, treat it as such sn ad
mission. For, to tell the ‘whole truth, ueiler
<ho old Dimocrate or kcderalist* t?*r supposed
that the President could acqu re such tremendous power
as he now po-sCMi-a. its practuai.dcv*lepm<-nta are *0
infiait ly beyond their tbcoret c d portrayal in the Con
•tituiion, that it is but justice to it* frame/* to suppose
tit tm all to luve totally misconceived and misrepreaeuted
the prac'ical operation of this department ol Ibe govern
ment. Even (ren-rxl Hamilton, were Li now living to
wit ,«as the display of those powers, would oufotw that
they greatly traasceurhd his ideas of s strong govern
ment. and would cOLCur with you in saying they ought
io be difnioiihfd.
You say, tint “in tho formation ol the Constitution
tbs groateat difficulty its framers encountered, wss with
reg ird to the Executive power. The great aud perplex*
| ing question was, how to limit aud regulate ifco Exieu
tive power in*sucb a manner, that while it defend-, d he
• country it sbou'd not be able to endii get civil 1 berty.”
I I'nts wss, do doubt, a pcrpltx ng quest or; but with due
I defer, nee, the f.ts.orv of tbe Couven ion prove*, that it
! was by no means tbe most so. By far the greatest, as
| do the most difficult and perplexing question, was bow
| o provide an Executive headier the Hover meat. There
| was no other subject upon which the opinions of tho
Convention appear to Lave unde.goce such tepcatrd and
! radical change-*. It was fir*; :e*>Aved, bv a vo:c of eight
I States against two, that the election of a President should
its given to Congress, having previously negatived by
I the same vote a proposition to nave him chosen by elec
tors elected by the people; and by a veto of nine to cno
■nether to hare Liut chcaen diwctly by tho people.—
Upon reconsideration it was resolved, eight to tbtee,
that he shoo'd be chosen by rlsctore appointed by the
I State L ’gisiatures. By a subsequent veto of seven to
I feu*, it was again resolved the election should be given
to Congress. The plan adopted was ultimately carried
by a vote of cine to two, but without any one member
appearing to bavo evou men, any fixed or settled coilt
dei.ee in the plan. Tney merely agr.cd to propose it
as an experiment, b:iug the best scheme they coul] de
So also, upin a candid r.'view of our institutions, and
the history of their operation, i. will be found that here
the great error was committed, aud not in the amount
of power conferred on the President. It is by no means
a necessary cone-soon, it yet mm tins to be proved that
ho has too mu b pover given him by the constitution,
provided he were properly Appointed. Tbe excess lue
not there, but io adventitionj and unanticipated power
that has grown out of and resulted from the mode of l#t
appointment. Since the first formation of national ptr
tfe«, Mr. J y. Adams is the only President we bavo had,
who was not elected as the head of a party. During bin
time, there was no jast cause of conip'xint of the excs.-a ,, .
of Execu'ive power. During his whole teim he did al
most nothing, and could do nothing, beou’e of the want
; of power.’ It might with much propriety be said,
therefore, that tho history of the government tbes far
affords no evidence whatever to prove that the President
has htd too much power granted to him, provided he is
not elected as the head of a party. Indeed, it yet re
alties to be proved lhal even the obnoxious and ptr
htps interpolated power of removal from office, would
b> improper and injurious in any other than (be hands
o' t party President.
I bee you btwire, flr,J how you hastily and unsd
v a dly fend you powerful rid, to the curtailing of ary cf •
tho e*«»ntial powers of that department You netd not
be told that a power once tgkeu from it is gone for ever;
that bow-ver strongly expBr'ence may prove its necessi
ty, it will never be re-mnted. Though not of those
who a*cr’ke perfect wisdom fo tbe lramcrs of our
conftiution, or perfect infal'lbflity to anytbiug
merely human, yet I participate in that pro
found reverence, common to most of our coun
trymen, for their fa' reaching vgaeity, and that strong
repugnspc! to touching any of their sacred work with
the hand of innovation, except upon the clearest and
most nndouhtieg convictioo, after full experiment, that
• bey covmitUxl an error. wuea wo mcivnaea mti
nf the country snJ cousinly lix-reising pipuli'lon
aro demanding a govi'rmyjrof proportionubly iccre**
lug energy, would it not b> madness to rinsfculito that
depirtmeit, upen t' e energy of which t!io efficiency of
the whole so essential'* depend*. •
Tho champion of the Constitution, befers he lays elide
his conservative armor to lead the hurrah vgairst the
oowers of the President, would do we ! to bethink him,
whether it were not better to give bis sid in directi' g the
r- f'rm movement towards the mode of his app< raiment,
ra'hcr tb->n sesinst the powers intentioroliy conferred
toon him bv the framers of the Consti’-rtioa. If it hi
Dower you wi»h to rrstrnir, then look wei! to the IT cute
o' hit appointment, for it confers upon him, powers far
grea*er than all those graf ted by tbe Const'tuHon can- •
h'ned, and p*odurcs erls far mcro drle*<rieui and
dangerous than those that i-sti hi trared to the mere ex
ercise of any or ail his-powers. Br orriy ptunirg tho
Cowtitn'innal print of pow, rs, tou leave the greatest of
a!! Lis powers untouched. By leaving the mode of hie
• po di tm -nt unaltered, yotir remedies v:P provo inefl
eio’nus palliatives. breaufe you never reach the neat of
tie ii*»fS'*. Iu a Government ro ei*int!iliv ot*o of nub
li,! opinion es ocr«, the fact of Hi being el cted by a «K
-ret vote of the whole nation, gives him prac'icsily moro
i»ow*rthr.n til tho ixpre-s grant! combined. Iu otvcr
vords, hit a hole powers a* r.v*ident are not 'Vqnal to
hie powers as head of the ey%: political party tfc .t put
him in nffic*. Indeed, the cost unanswerable objection
to that mode of Hoe ting him It, thUwhei so elected
he will nepcwrilt hare too much power.
Bat even all this etcess of power 1* not a tithe of the
evil growing ont of the mode of his election, vntirelv ex
traneous from any mi ro exercise of his poweis. It is
true, that, to be elected, be has to becimu the bead of a
party, he hae to be a party President, hi- admiuisi ratio,
a party administration, and though every stch is neers
earily a corrupt administration, y»f, what i) tbe cornip
tion of government and i'B few tffiaUls. iu ermpariwa *
to the corruption of the great body ef »ocl*tj * . p e
contest growing out of the elec ions of our Presid. nte,
direct end collatersl, have done more to lower the «UnJ
erd of public roor-ls, and diflTua a general co.rupiicu
■.Irougbeut society, than all otbir causes ermb ur j
ffo-hlngl* tra*r, or a mort etrlki g evidence of the gen
eral diffu ion of thia corruption, t tan what you ataud at
Bichia )nd, that it 1 ad become a - -< e ve 1 dogma, “that
everything Is fair in politico.” T is Amwictn, lik* the
- VN
•Wite<« • la* I!* First terns y of Mr. Tj er aad U . F.'-lntr* osi
tarrtai tRn thss.liNMe v*ev poMeiM.
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