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POINDEXTER'S SPEECH, DELIVEBED IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES ; On the Joint Resolution from the Senate: Saturday y December ZQ, 1809. ft MP. SPEAKER— It has not heretofore been tny practice to address yout on subjects relating to the general welfare of the nation. I have hitherto confined myself to the discharge of those duties which devolve on mC) as the sole representative of a distant and important territory. But on the present occasion^ I deem it an indispensible duty^ to the performance of which 1 am led by every impulse f feeling, to express to this honourable as- sembly-— to my constituents — and to the world, my opinions con- ceming the resolution under consideration. Sir, said Mi*. P. the present ought not to be considered a party question. The sove- reignty, the honour, and the best interests of America have been assailed, and the executive magistrate most grossly insulted, by Francis James Jackson, the minister plenipotentiaiy from his Britannic Majesty to the United States. A minister sent among us to excite the demon of discord and division ; a legalized spy^ prowling from Hampton to New York, through every city, town> and village, to designate the victims of corruption, and to subvert ifpossible, the allegiance of the citizens from their gtfVemmenty and thereby promote the views of the king his master. Under such circumstances there ought to be but one sentiment from Mississippi to Maine, and that sentiment should prompt us, without distinction of^iarty, to rally around the constituted authorities of our common country, and by a patriotic burst of indignation to acout the foreigner. While, sij", the pendulum of reason vibrates between the in- nocence or gUflt of those who administer the goveroment of my country, I shall never hesitate to support the government against every species of foreign influence : Yes, sir, so long as there is a loop on which to hang a doubt, the vindication of the country to which 1 owe my existence, and to w hich I am bound by the strongest lies L* it"t; ! N^'^: 2 of affection, shall call forth the energies which it has pleased heaven to bestow on me. But in the present instance, the course pursued by the executive is manifestly founded in wisdom, moderation, and firmness, and nterits the undivided support of the American people. Can I then, sir, forbear to express my astonishment, that the minister of Great Britain should find an advocate within these sacred walls ? It is ' not wonderful that in matters of internal policy, we should differ us to the means best calculated to promote the general good ; these differences often lead to useful investigation, and produce the most j salutary results. But I cannot reconcile my mipd to the novel Hiid I afRicting controversy which has arisen out of the subject under] consideration. Before I proceed to discuM the points immediately embraced by ^ the resolution on your table, permit me to notice the remarks which have been made by gentlemen opposed to the measure, in relution to the character of Mr. Jackson. On this subject there appears to j exist an uncommon portion of sensibility. The gentleman from ! Massachusetts, (Mr. Quincy) has told us that we are about to ful- ' minate legislative contumely against the a xredited minister of the sovereign of a great and powerful nation, who is bound to see that whatever treatment he may receive is not disrespectful. And the gentleman from New York, (Mr. Gardenier) has added, that the adoption of this resolution will inflict a fatal wound on the character j of Mr. Jackson. Sir, I beg gentlemen who feel thus tenderly for the reputation of this minister, to tell us in what country he hasj acquired this celebrity of character ? By what noble deeds has he j signalized himself, and where is the record of them to be found?] Was it prior to his memorable mission to Copenhagen, or subse< quent to that disgraceful event, that he was clothed with the mantle] of fame of which we are about to disrobe him? If gentlemen refer] to a period anterior to the destruction of that devoted city, I put it] to their candour to say, whether that act of perfidy, at the recollec- tion of which the human mind recoils with horror and detestation, ' is not enough to stamp with infamy, the vile instrumeitt of treachery and assassination who performed it ? Can gentlemen be really in earnest when they speak with reverence of the character of Mr. Jackson ? I hope they will pardon my doubts as to the sincerity of their declarations. What, sir, was the conduct of Mr. King, our late envoy extraordinai'y and minister plenipotentiary in London, when it was proposed to send this same Mr. Jackson tb the United States as the minister of Great Britain on a former occasion ? And let it be remembered that Mr. King is a federalist ; a distinguished member of that party j, who now manifest so much zeal in vindicat- ing the character of Mr. Jackson. If I am correctly informed, and if not I call upon gentlemen to deny the fact; Mr. King felt it his incumbent duty to remonstrate against the appointment of Mr. Jackson as the resident minister in the United States. Wajs this h wanton act on the part of Mi*. K'ng? Will it be alleged by any gentleman in opposition to this resolution, that Mr. King was actuated by any unworthy motive in that transacUon ? I presume to say'that such insinuations will not receive the slightest support. To what cause then are we to look as the basis of this remonstrance I The turbulent and unprincipled character of Mr. Jackson must suggest itself to every mind as the foundation of the objection. The British ministry, on every occasion which required extraor- dinary duplicity, have availed themselves of the services of this incendiary : These fncts cannot be controverted, and yet gentlemen tremble lest the fame of this immaculate personage should fall a sacrifice to the ruthless violence of legislative contumely. i [Mr. Gardenier said he supposed the gentleman alluded to him as attempting to pL\tch up a character for Mr. Jackson, 'i'hat, said Mr. G. I expressly disclaim; and if the gentleman had understood my argument, his candour certainly would have prevented him from imputing to me that intention. I did not speak of the merits of Mr. Jackson, but I took this point—* that the British government considered his character as good, and our denunciation of it, whe- ther it is demonstrated to be bad or not, so long as they think hb does not deserve it, is calculated to produce an obstacle to negotia- tion which cannot be overcome. I did not speak of his Character.^ Mr. P. said, be had understood the gentleman in the manner he had stated has argument ; the house would determine whether he had understood him correctly or not. But sir, while gentlemen are thus anxious to save the rotten fabric of Mr. Jackson's reputation from the destruction which awaits it, are they ignorant of the dele- terious effects which the rejection of this resolution would have on the character of the President of the United States ? A man, whom eulogy cannot exalt, and who soars above the miserable shafts of ca- lumny and detraction. In order to elucidate this point, I beg the in- dulgence of the house, to take a concise view of the measures which were in operation at the close of the last session of the tenth con- gress. Commercial intercourse between the United States and Great Britain and France and their dependencies, was wholly inter- dieted. Provision was made by law, for raising a military force of six thousand men, in addition to the military peace establishment of the United States— formanning and equipping the whole naval force, including a large number of gun boats for actual service, and for holding in requisition one hundred thousand militia to be ready to march at a moment's warning. These were the pretautions which the crisis demanded. Well sir, what were the tittnts which occur- red to produce a relaxation in these preparations for a state of actual hostility ? About one month previous to the meeting of the extraor- dinary session of congress in May last, it was officially announced to \u?. President by David M. Erskine, the British miiuster plenipo- j'tr' !:■ r^ tentiary in this countiy, that he had received his majesty's instructi- ons to offer suitable and ihonourable reparation for the aggreHsion committed by a British naval officer^ in the attack on the United Slates* frigate Chesapeake. The offer of satisfaction vras accepted. This part of the arrangement was followed by propositions from Mr. Erskine for a renewal of -commercial intercourse between the re< spective countries, which was likewise accepted; in consequence of I which, Mr. Erskine explicitly states, in an ofRcial letter to Mr. [ Smith, the secretary of state, that he is ** authorised to declare that the Orders in Council of January and November 1807, will have I been withdrawn on the tenth day of June next." The President of the United States proceeded immediately to execute, with good Lith,] the agreement on his part, by issuing a proclamation decUiringl the revocation «f -these orders in council, whereby commercial inter- course between this country and Great Britain and her dependen- cies, was restored. Permit me now, sir, to call the particular attention of gentlemei to the message of the President at the opening of the May session,^ from which 1 beg leuve to make a few extracts. *< A revision of the commercial laws, proper to adapt them to the] arrangement which has taken place with Great Britain, will doubt-] Jess engage the early attention of congress." Again. *' Under the existing aspect of our affoirs, I have thought] it not inconsistent with a just precaution, to have the gun boats, with] the exception of those at New Orleans, placed in a situation incur- ring no expense beyond that requisite for their preservation unt conveniency for future service ; and to have the crews of those atl New Orleans reduced to the number required for their navigation| and safety. I have thought also, that our citizens detached in quo-< tas of militia, amounting to one hundred thousand, under the act o^ March, one thousand eight hundred and eight, might not improperly be relieved from the state in which they were held for inri mediate service. A discharge of them has accordingly been directed. An^ it is further submitted to the judgment of congress to decide hoi far the change in our external prospects may authorise any modifi- cations of the laws relating to the army and navy establishments." What are the plain and obvious conclusions to be drawn from] the " promptitude and frankness with which the President met the overtures of Great Britain," and the full confidence which he here manifests in the good faith of that government ? The inference h irresistible, that he did not entertain the most distant suspicion, that Mr. Erskine had either acted without authority, or that he had violated his instructions. But suppose the resolution under consi- deration should be rejected. In that event, the expressions con- tained in Mr. Jackson's letter of the 11 th of October, which are i-epeated in several other communications, conveying the idea, that the executive government of the United States had a knowledge that the arrangement made by Mr. Erskine in behalf of his govern- 8 ment was entered into without competent powers on the part of Mr. Erskiue) will receive all the support which tliis house can give them. I demand of gentlemen who oppose the pussuge of the resolution, whether such a proceeding would not contain a churge of two fold perfidy against the President of the United States? It would speak a language not to be mistaken. In the first placoi the arrangement was entered into by the President, with a knowledge that it could lead to no other result than a disuvowul, and with this knowledge he permits the ocean to be covered with the products of the American people, exposed to the robbery and plunder of British and French privateers. He directs the whole of the gun- boats, with the exception of a few at New Orleans, to be placed in a situation incurring no expense, except that necessary for their pre- servation. The quota of one hundred thousand militia, ordered to be held in requisition for immediate service is discharged. And the'change in our external prospects, is made the basis of a re- commendation to reduce the army and navy establishments, added to which, the recruiting service was actually suspended in obedience to that recommendation. Yes, sir, in order to save Mr. Jackson from disgrace, and to fortify the honour of the British nation, the President must bear the foul imputation of having entered into a fraudulent contract with Mr. Erskine, and what is still more per- fidious and extravagant, of having corruptly recommended to con- gress, the reduction of oUr means of national defence on the ground of th&t arrangement, which at the time it was made, he knew would result in a disavowal on the part of his Britannic Majesty. I cannot submit, in silence, to insinuations like these, against the chic/ executive magistrate of the only free fifople on earthm No man whose mind is exempt from the despotism of prejudice, can for a moment countenance such glaring absurdities. I shall now, sir, take a view of the ground on which the act of the British minister plenipotentiary in the United States is professedly disa rvred. In the course of this discussion, it seems to have been admitu d, that if Mr. Erskine did really violate his private' instruc- tions, the disavowal of the arrangement of April by the British government, was regular and not inconsistent with public iaw. From this opinion I beg leave to dissent. First, because the agree- ment was not contingent or executory. Secondly, because the engagements entered into came within the open commission and acknowledged powers of the minister who concluded it. And thirdly, because it v as executed with good faith on the part of the United States. Kesides the usual letter of credence, with which the minister of one sovereign power is furnished to the sovereign power of the gr^vernment at which he is accredited, Mr. Erskine was clothed with special authority on this particular occasion. In the despatch of the 2 Sd of January, Mr Canning, after enumerat- ing the three condiiions which Mr. Erskine was instructed to pro- pose to this ^^vemment, proceeds %7ith his instructions in the fo^ I viii M ^' 6 lowing: words. ^^ As however, it is possible, that the delay which j must intervene before the actual conclusion of a treaty, mayl appear to the American government to deprive this arrangement of] part of its benefits, I am to authorise you, if the American go«j vernment should be desirous of acting upon the agreement before l it is reduced into a regular form, either by the immediate repeal of] the embargo and the other acts in question, or by engaging to re«i peal them on a particular day, to assure the American govern- ment of his majesty's readiness to meet such a disposition, in thoj manner best calculated to give it immediate effect." Thus Mr. Erskine is made the sole judge of the extent, and im- port of his instructions, and if he has been guilty of a departure from them, his sovereign cannqt take advantage of that circum- stance, so as to work an injury to the other contracting party. But] independent of this special power, I contend that the net of Mr. Erskine was strictly within his general letter of credence, and that! the British government was bound to perform the agreement, on its! part, unless it could be shewn, tha£ fraud and collusion, had beeni practised between Mr. Erskine, and Mr. Smith the American se- ^ cretary of state. This I think was manifestly the opinion of Mr. Canning, which I shall attempt to shew from Mr. Jackson's cor- respondence in the course of my argument. Mr. Canning without doubt knew the law on this subject, and had charged the successor of Mr. Erskine to make out a good case, for the preservation of his majesty's honour. Permit me now sir to examine what are the established princi- ples of public law, in relation to contracts entered into by proxy. I shall refer in the course of my remarks to several writers on thej law of nations, whose authority will not be questioned, and for great- i er convenience, I propose to give a quotation from each in succes- ! sion. PufTendorfT, page 309— -10. Here the principle for which I] have contended^ is clearly supported. " If any agent be sent with al double commission, one open, to show the person with whom he isl to transact, the other secret, prescribing what steps he shall take, and how far he shall proceed ; it may be made a question, whether the agent shall oblige his principal if he exceed hh private and se- cret orders, and yet to keep within his open commission where the affirmative side ought to be maintained. For by my own instructi- ons, I bind myself to the third person with whom the contract is made that I will ratify and make good what my agent shall conclude on. And by my secret orders I bind my agent not to recede from such positive terms, in which point if he transgress, he stands ac- countable to me, for so much as I lose by his mismanagement, but I am Atill tied to perform to the third person, what was thus granted in my name. For otherwise there could be no manner of safety in treating by commis8iotiers,it being ever to be feared, lest their secret directions should differ from their o/ien fiotoera^ neither could there h| a more specious pretence made use of to overthrow all affairs transacted by mediation) and to deceivei and abuse men with vaiu treaties. But it must be observed^ we suppose here» as in the for- mer case that the agent when he thus transgresses the bounds of his private instructions, did it not out of a dishonest and treacherous design." The same doctrine is held by Rutherforth, vol. 1 page 194. '' Where we have given a man a power or commission to act for us, as our proxy, though no restrictions or limitation of such commission may appear, yet it frequently happens that we give some private instructions to such proxy, or agent, in what man- ner we would have him act, and how far he may go. Suppose him then to act contrary to these private instructions and to go farther than we allowed him, we shall be obliged to stand to the promise which he makes for us, notwithstanding our consent seem to be wanting. For that act of our will, whereby he was appointed our agent, which is the only act of our will that is or can be known by the party to whom the promise is made, is sufficient to make what such agent does for us, be considered as our own act : the private instructions which we gave him cannot aflect any one to whom they are not known, and from whom we were determined to conceal them ; they cannot therefore so affect the party to whom the pro- mise is made as to prevent his claim upon us. The coAsent which appears to him, must in respect of him, be looked upon as our true and full consent : if it was otherwise, there would be such room for collusion, between the promiser and his agent, that it would be ii| their power at any time, to prevent any obligation from arising upon promiiius thus made.' I trust sir, no gentleman will hereafter attempt to justify the con- duct of the British government, either on the ground that Mr. Ers- kine violated his secret instructions, or that he was not possessed of a full power. The despatch of the 23d. January authorises him to conclude an agreement to take immediate effect, without any reserr ration to suspend its operation for the ratification of his majesty. Mr. Cunning well knew that the first information received in Eng- land of such an agreement, would bring with it the supplies so ne- cessary to relieve the wants of his suffering country : it was there- fore important that the British minister here should stipulate for the fulfilment of the terms agreed on by his majesty, and thereby prevent delay in the benefits which would result to that nation, from the enlargement of our commerce. But whether we consider that special authority or the general letter of credence, it is equally clear that the British government was bound by the act of its minister. The plea that Mr. Erskinc had violated his private orders, is unavailing both in reference to the known and established principles of public law, and to the plain and obvious dictates of reason, and of common sense. I challenge any gentleman to show in the annals of diplomacy, a solitary case in which the veracity of an accredited minister at any court has been questioned, when he officially m&kes known the instructions he has 8 received from liin sovereign. If then Mr. Ersklne had aulhoiuv to bind hiH government, it may bo uHcfiil to exuniine the groniul* on which the contract he entered into with the President might be im- pugned. On this point, I refer gentlemen to Pothier on obliga- tions page, 21. Mt is only the fraud which haa given rite to the contract that may give occasion for the rccision of it, viz j the fraud by which one of the parties has inr/ur^t/ the other to contract, who] would not have contracted without it. 3. It is requisite also inl order that I may claim the recision of my engagement, that the! ^raud which has been made use of in order to induce me to contractl structed to declare, " that the Orders in Council of January and November 1807, will have been withdrawn, on the 10th day of June next." Let us look sir, at the conduct of Mr. Canning, in a case, precisely apposite to this. The President of the United States was authorised, in the event of such peace or suspension of hostilities between the belligerent powers of Europe, or of sttch changes in their measures affecting neutral commerce, as might render that of the United States sufficiently safe, in his judgment^ to suspend in whole, or in part, the act laying an embargo on all ships and vessels in the ports and harbours of the United States, and the several acts supplementary thereto. Instructions were accordingly forwarded to our minister at London, to propose a suspension of the embargo, as an equivalent for the removal of the British orders ih council-— so far as they respected the United States. This propo- sition it seems was, in the first instance, communicated in conver* sations between Mr. Pinkney, and Mr. Caiming, upon which the latter has made the following remarks. *'■ In the first of our con- ferences, I understood you to say little more on the authority of your govemmeut, than that you were instructed to remonstrate against the Orders in Council of the 7th of January, and of the 1 1th of No- vember 1807, but to add, as front yourself, an exfireasion of your oivn conviction, that it those orders were repealed, the President of the United States would suspend the embazgo, as to Great Britain* Upon the consequences of .^nch a suspension of the embargo, while it would still continue to be enforced against France, you expatiated largely, »tiH afieakinff however, a» I understood you, your ovmindividual sentimentt." Will gentlemen dispute the accuracy of the orthodox ^^ isharfi sighted George Canning? I think sir, unless some radical change has very recently taken place, there is nothing to be feared on thut score. Mr. Pinkney, in. these conversations, was induced to believe that his proposal would be well received, and Mr. Canning, in order to evade the obligation which he might have incurred rela> tiv« to a removal of the orders in council, resorts to every pretext within the grasp of his fertile imagination, to shew that the proposi- tion was not submitted in a regular form, so as to make it binding on the President of the United States. Well sir, does he demand, of Mr. Pinkney the production of a full ))ower? Is that made a sine qua ■ton, to all further negotiation ? None cf theso things u|)pear to ha\e ;:ti t ;• ■ 12 entered into the brain of Mr. Canning; r ^twithstandlni; he seems peculiarly disposed to equivocate, ui -^ .n to misrepresent the words of Mr. Pinkney. The only objt iion which he thought it plausible to urge was, that the overture was not made on the authori- ty of the President, but that Mr Pinkney expressed his own o/iinicn^ that if the orders in council were removed, the President of the United States would suspend the embargo as to Greet Brituin. The result of that correspondence shews, that the overture of] Mr. Pinkney was rejected on principles of general policy, and not i on either of the grounds of exception taken by rentlcnien to thcj powers of Mr. Erskine. There is not the slighte&t shade of difi'er- ence between the two cases. The removal of the embargo by thcj President, and of the orders in council by his Britannic Majesty, 1 were reciprocal acts, each within the range of executive atithoriiy, without requiring the interposition of any co-ordinate branch of j either government. But, sir, it is impossible to mistake the duplicity of Mr. Can-j ning in this transaction. We know too much of that Jesuitical | negotiator in America, to be caught in the cobweb which he! has thrown over the real motives which influenced his majesty's I ministers, in the disavowal of the act of Mr. Erskine. The delu-! sive idea, that he had violated his instructions, is the ostensible, not | the real cause of the disavowal. I think it has been saiisfaotc- rily shown, that the departure of a proxy from his secret orders,! does not impair a fair and bona fide contract, which he enters into for his principal ; and from the admissions of Mr. Cannini^^ hiniseif,] it will be readily inferred, that such a departure is not in fact thej consideration on v.hich the arrangement of April was rejected.] When Mr. Pinkney, our minister in London, was informed that new minister was to be sent to America, Mr. Canning assigns as the reason, that Mr. Erskine had not acted in conformity to the des- patch of the 23d of January, in obtaining the three conditions thereir specified ; and that these conditions must be obtained before anj alteration could take place in the cabinet measures of Great Biituhi, affecting the neutral commerce of the United States. He statesl explicitly, that Mr. Jackson is to proceed to America, "not on any! speciitl mission, which Mr. Erskine was not authorised to promise,] .except upon conditions not one of which he has obtained." On the 23d of June following, Mr. Canning in a conversatior with Mr. Pinkney respecting these very conditions, which he pre-^ viously declared must be made the basis of the repeal of the orcler^ in council, " admitted that the second condition had no necessarj connexion with the orders in council, and intimated that they wouU^ have been content to leave the subject of it to future discussior and arrangement. And with respect to the third condition, he said, that he was himself of opinion, that the idea upon which that con- dition turns could not well find its way into a stipulation ; that he hadl nevertheless believed it prcper to propose the condition to thol IS United States. If then, sir, the failure of Mr. Erskine to obtain the vrhole of these conditions was really the reason on which the act of that minister was disavowed, why, let me ask, are the only objectiona- ble conditions suddenly abandoned, 'and declared to be wholy uncon- nected with the orders in council, and inadmiattible in any stipula- tion for their repeal. Does not this abandonment carry with it the most irrefragable demonstration, that the arrangement of .\pril, relative to the removal of the orders in council, was not disavoAved because these conditions were not acceded to by the American go- vernment? At one moment we are told, that no special mission can be authorised to this country, except upon conditions not one of which Mr. Erskine had obtained ; and afterwards it is confessed thut the two conditions which were alone offensive to this govern- ment, had nothing at all to, do with the subject. I wave the evi- dence which is contained in Mr. Erskine's explanatory correspon- dence, as to the several letters of instruction with which he was fur- nished, and I rest my argument on this point solely — on the admis- sions of Mr. Canning in his conversation of the 23d of June, 1809. Sir, I am one of those who believe that this agreement was brought about by the shock which Great Britain sustained under the ope- ration of our embargo. Mr. Canning had to perform the arduous tasli of quieting the murmurs of a hungry people. The great manufacturing interest of the nation were discontented and cla- morous against ministers, because they were thrown out of em- ployment and deprived of their usual supply of th6 impoi'tant ai^- tides of cotton and tobacco, which they had been accustomed to receive from America. Ireland was on the brink of ruin. The British army in Spain whs defeated and compelled to return to England, ct)vered with wounds instead of laurels. Admonished by these disastrous circumstances, and urged by the hard hand of necessity, the relaxation of their maritime restrictions appeared to be indispensable to the salvation of the British nation. It was this state of things which prompted Mr. Canning to furnish the several letters of instruction to Mr. Erskine, on which he was authorised to declare, that the orders in council would be removed on a particular day. , But, sir, before the success of Mr. Erskine's proposition for a renewal of commercial intercourse wrs oflkially known at the foreij^n office, the markets of Great Brite.in and her dependencies were glutted with the products of America. Their wants were supplied, and from a state little short of starvation, they were re- stored to the enjoyment of that abundance, which custom had taught them to look for from this fertile rejjion. The continental war was renewed with great vigour by the ill-fated emperor Francis. The affairs ol Spain revived again the desponding hopes of the Bri- tish ministry. New expeditions were planned ; and the gloom which recent calamities had spread over the national prospects, was ex- changed for the illusory dream of countless victories, whose terrors Khould reach even the imperial throne of Napoleon himself. Buoyed i^ I > I > ii: Hi h u up by these delusive calculations^ his majesty was induced to disavoir the agreement entered into by Mr. Erskine with the American go- Tcrnraent. The suggestion that Mr. Erskine acted contrary to hh several letters of instruction) is a mere pretext, which cannot beav the penetrating touch of open and candid investigation. We have learnt from experience* that the only security we can have for the good ftdth of the British government, is necessity. The embargo was a weapon which might have been wielded with great effect in producing that necessity, and in redressing the wrongs inflicted on this country by the belligerent powers of Europe. " God's cho- sen people," the planters of the Southern states and territories,, have sustained the most severe losses from the operation of the embargo, and yet no people in the union have evinced a more ar- dent determination to support that and every other measure of policy calculated to vindicate the hatiohal honour. But the fact is notorious, that there was not virtue enough in the Eastern portion of the union, to carry the law into effect. That expedient is now rendered imbecile by the fatal experiment which it has recently un- dergone. There is now no alternative but war or submission. But the adoption of the resolution is deprecated on the ground of its hosdle aspect. We are told by a gentleman from New York, (Mr. Gardenier) that it is an appeal to the king of England, on, the subject of the misconducted one of his servants, not by argument, but by menace, and that gentleman has asked, what would be the conduct of Southern gentlemen, if required to chastise a servant who had transgressed, when that request was accompanied with a threat of personal violence in case of refusal ? I will answer the gentleman's hypothesis by a concise statement of facts. The peo- ple of the United States have been robbed of their property, while pursuing a lawful commerce on the high seas. Our fellow citizens liave been impressed to the number of several thousand, and com- pelled to enter into the service of his majesty, on board his ships of war, without the most distant prospect of relief. A national ship has been attacked in a time of profound peace by a British squadron, and her crew most shamefully murdered within our own jurisdic- tional limits, for which acknowledged outrage upon the national sovereignty no honourable atonciment has been made- Our'com^ xnerce is restricted by the enforcement of regulations inconsistent with the most sacred principles which bind together the nations of the earth ; and to cap the climax, the executive government of this country is charged with perfidy and falsehood in its very domicile. Now, sir, I ^sk Nbrthem gentlemen to say, how they will resent these injuries and insults which the nation has received from Great Britain ? Will they crouch under the lash of this inexo- rable tyrant? or will they by a manly display of dignified firmness, support the rights, the honour, and independence of the Uniied States ? Sir, between individuals, when tlie party assailed calls ou those around him for protection} und seeks tp shelter Iirmaelf from '. 15 daYiger, the assailant becomes more brave, and rushes with impetur osity in pursuit of the object of his vengeance ; but where each man shews an equal disposition to maintain his ground, a parley is not unfrcquently the result. The gentleman is unwilling even to me- nace his most gracious majesty, but wishes, in the mildness of christian forbearance, to appeal to him by argument and fieranade him to do ua justice ; while we are to retreat as if affrighted by some fell spirit of destruction from the proposition befcN'e us, because forsooth it may so affect the delicate nerves of his majesty that he can never " afieak to us again." Sir, this is not the language which was held by our venerable fathers who so nobly achieved our inde- pendence, and it is not the language which will perpetuate that independence. If indeed we could be so pusillanimous as to dread the conse- quences of a manly declaration of our rights, and our determina- tion to support them, it might be questionable, whether Great Britain would stoop so low as to speak to us. Under such humili- ating circumstances we should deserve the contempt of the world. The gentleman from Massachusetts, (Mr. Quincy) has denounced the resolution on your table, as a tissue of falsehood. That gen- tleman has taken as the ground of his argument, that the know- ledge imputed to this govenjment of Mr. Erskine's instraclionsy refers to the time of the disavowal, and not to the time the agree- ment was entered into. I shall not ransack these documents for the purpose of sifting from Mr. Jackson's letters the most offensive expressions which they contain. The great object ofhis mission was to rescuse his own government from disgrace, by fixing a charge of fhiud and collusion on the executive of the United Slates, and that object is steadily pursued through the whole correspondence. But as die gentteman from Massachusetts has given us a lumping argu- ment, I shall call on Mr. Jackson for the only reply which it merits. And really, sir, S beg pardon of Mr. Jackson, for having so often to set him in collision with his friends. I hope it will produce no misunderstanding between them. Mr. Smith, in his letter of dis- missal to Mr. Jackson, enumerates the causes why no flirthcr com- munications will be received from him ; and that these may bu fairly, befbfe the house, I beg leave to refer to the letter itself: Sir, Department of States JVovember 8r/t, 1809. IN my letter of the 19th ultimo, I stated to you, that the declaration in your letter of the 1 1th, that the despatch from Mr. Canning to Mr. Erskine of the 23d January, was the only des- patch by which the conditions were prescribed to Mr. Erskine for the conclusion of an arrangement on the matter to which it related, was then for the first time made to this government. And it was added, that if that despatch had been communicated at the dme of the arrangement; or if it had been known that the propositions ■i^ 16 contained in it vvei-e the only ones on which he was authorised to make an arrangement, the arrangement would not have been made. In my letter of the 1st instant, adverting to the repetition in your letter of the 23d ultimo, of a language implying a knowledge in this government that the instructions of your predecessor did not au- thorise the arrangement formed by him, an intimation was dis- tinctly given to you, that after the explicit and peremptory asseve- ration that this government had not any such knowledge, and that with such a knowledge, such an arrangement would not have been made, no such insinuation could be admitted by this government. Finding that in your reply of the 4th instant, you have used a language which cannot be understood but as reiterating and even aggravaiing the same gross insinuation, it only remains in order to preclude opportunities which are thus abused, to infornt^ you, that no further communications will be received from you, and that the necessity of this determination will, without delay, be made known to your government. In the mean time a ready attention will be given to any communications affecting the interests of the two nations, through any other channel that may be substituted. I have the honour to be, 8cc. (Signed) R. SMITH. Well sir, what does Mr. Jackson say, through Mr. Oakley, in veply to the enumeration of facts, which is contained in Mr. Smith's letter ? He says, *< that Mr. Jackson has seen with much regret, that facts which it has been his duty to state in his official corres- pondence, have been deemed by the American government to afford a sufficient motive for breaking off an important negotiation, and for putting an end to all communication whatever with the mi- nister charged by his sovereign with that negotiation, so interest- ing to both nations, and on one point of which, an answer has not even been returned to an official, and written overture." Is not this a satisfactory answer, to the labored speech of the gentleman from Massachusetts ? Mr. Jackson does not pretend that he was misun- derstood, or mistated by Mr. Smith. He merely regrets, that the facts, which it had been his duty to state, was deemed a sufficient motive for breaking off an important negotiation. It is tacitly ad- mitted that he had charged this government with a knowledge timt the despatch of the 23d of January, was the only despatch by which the conditions were prescribed to Mr. ErsKine on the subject to ■which it related. That with this knowledge, the President had collusively induced Mr. Ersklne to substitute the arrangement of April, " in lieu of the conditions originally proposed," and that un- der these circumstances, his majesty had an undoubted and incon- trovertible right to disavow that arrangement, but he regrets that these facts, which it had been his duty to state, should be deemed by the Ajnerican government to afford a sufficient ' inotive for It bTeaking off ah important negotiation.'* Sir, I do not l^elldve if Mr. Jackson was now at the bar of the houle, that in his own dc fence he would descend to retract these insulting charges. Nay I go further, I do not believe he would feel himself authorised to re tract them, under any circumstances. To these facts says Mr. Jackson, '* I have ficrupulously adhered, and in so doing I must con- tinufy whenever the good faith of his majesty's government is called in \kVestion." How far the knowledge which this government pos- sessed at the time the agreement was disavowed, is connected with a justification of the act, remains for the gentleman from Massuchu* setts to shew. " It is only the fraud which has ffiven rise to the contract that may give occasion for the recision of it," and accord- ing to the premises assumed by the gentleman, it follows that if this government knew the extent of Mr. Erskine's powers, at the time the disavowal of his majesty was made known, ergo, the agreement was fraudulent and void, ab initio. I leave the gentleman to reconcile these absurdities. But it has been said, that the threat which the resolution contains, will be an effectual barrier to further negotiation. Mr Jackson has indeed alleged that his dismissal put an end to an itnportant negotiation, but the most superficial view of his correspondence, must satisfy every man that such is not the fact. Mr. Canning, as early as the 27th of May, informs us that M^. Jackson is to proceed to America, *' not on any special mission, which Mr. Erskine was not authorised to promise, except upon conditions not one of which he has obtained," and notwithstanding evciy gentleman has warmly protested against these conditions, they seem to have forgotten that Mr. Jackson has expressly made their adoption the ultimatum of his government: the event on which he is authorised to conclude a treaty. A^A this sir, is the important negotiation, which has terminated wit^ the mission of Mr. Jackson, and which gentlemen fear will not again resuscitate. We are required by this resolution to give a pledge to the Ameri- can people and to the world to " stand by and support the executive government in its refusal to receive any further communications from Fnmcis James Jackson." What answer shall we give to this proposition? Shall we say to the American people, to Great Britain, and to the woAd, that we will not stund by and support the executive government in that refusal ? Let us , consider the con- sequences of such a step in the present crisis. The President of the United States has requested his majesty to recal the offending minister, from whom he refuses to receive fur- ther communications. That minister haft doubtless given to his transactions here, a colouring favourable to the part he has acted, and his representations will beat in unison with the wishes of his sovereign. And, sir, at the very moment when these despatches form the subject of consultation in the British cabinet, a trans- cript from your journals, announces the determination of the re- presentatives of the people, not to support the conduct of the Presi- C I *8 ticnt in his refusal to receive further conirounications from Mrj Jackson!! Is it to be expected that under such circumstances J the request of the executive would command the respectful attenn tion, which its importance to the welfare of the nation reall) demands ? So far from attending to that request, the President! would be told " that he had insulted the minister of a great anc powerful nation, while in the legitimate discharge of his official functions; and that upon a solemn appeal to the most popular branch of the American govemmetiti they had refused to stand by and support him in the attitude which he had assumed towards that minister. If then you cannot find support within the walls oil your own capitol, it is unreasonable in you to expect his majesty to lis- ten to your request." Mr. Jackson might be recalled, but the breachi between the two nations would receive a more portentous aspect! by a demand from the British government pf ample atonement for| the insult he had received in his ministerial character, notwith- standing the solemn declarations of the* executive to the con- trary. And, sir, all the consequences which gentlemen seem tol anticipate from the adoption of the resolution, would unavoidably] flow from its rejection. We should in that case say to the Ameri- can people, and to the world, that we will not ** call into action the | whole force of the nation, should it become neceaaary, in conse- quence of the conduct of the executive department in this particu- lar," nor " repel future insults if they should be offered." And isi there an honourable member on this floor, who is prepared to say, | that he will not call into action the whole forc^ of the nation if it J should become necessary ? That he will not repel future insults if they j should be offered ? Sir, I should loathe my country, if such de- grading sentiments could receive the sanction of the national legis- lature. Whatever may be the fote of the resolution, it has my hearty ap- probation. 'Tis the only support which the constitution permits me I to give it. But though my suffrage cannot be recorded, my handi and my voice shall be raised to defend the honour and independence | of the nation, so long as th^ vital spark shall conti,nue to animate my j bosom. Dinmore is* CoofieVf Printers. I 1 , I I I 1 ■: I r