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No 5 OF VOL. XII.)

BALTIMORE, SATURDAY, MARCH 29, 1817.

ilac olim meminisse juvabit.—VIRGIL.

PRINTED AND PUBLISHED BY H. NILES, AT The head of cheapside, at $5 PER ANNUM.

(C.)

From the secretary of stute to George W. Erving.

Department of state, March 11, 1816. SIR-You will set out in discharge of the duties of your mission to Spain as soon after the receipt of this letter as circumstances will permit. Our relations with that country are, from many causes, be oming daily more and more interesting. They will require your assiduous and zealous attention as soon as you are recognized by the Spanish government.

The restoration of the diplomatic intercourse between the two countries, long interrupted by causes well known to you, presents a favorable opportunity for the settlement of every difference with that power. The president has already manifested his sincere desire to take advantage of it for that purpose, and hopes that the Spanish government cherishes a similar disposition.

Extract of a letter from Mr. Erving to the secretary of state, dated
Madrid, August 29th, 1816.
"Mr. Henry B. Smith arrived at Cadiz on the 28th July, and at
Madrid on the 10th instant; by him Irceived your letters of May
30 and 31, the new eypher, the special power to negociate, and the
other papers therein referred to. It was after duly deliberati ig on
those and the several instructions which had preceded them, that
formed my first note to Mr. Cevallos; this was sent to him on
the 26th instant-a copy of it, [No. 6] is herewith submitted.”

[No 6.]

Mr. Erving to Mr. Cevallos.

Madrid, August 25, 1816. SIR-The president is sincerely desirous of establishing the basis, and that every obstacle to a permanent good understandi, g relations of amity between the United States and Spain on a', d The primary causes of difference proceeded from spoliations on between the two countries should be removed by arrangements their commerce, for which Spain is h Id responsible, the justice of honorable and advantageous to both; he does not doubt of finding which she admitted by a convention; and from the refusal of the corresponding dispositions on the part of his catholic majesty, Spanish government to settle, on just principles, the boundaries of therefore has readily acceded to the particular wishes of hai neaLouisiana, and to compensate, on like principles, for the injuries jesty by receiving Mr. Onis, and in the same friendly confidence I am specially instructed to discuss and to settle with your exarising from the suppression of the deposite at New-Orleans in has ordered me to repair to this court breach of the treaty of 1795. The grounds of these differences have been so often discussed, and the justice of our claims so con- cellency, all the ancient causes or misunderstanding, as well as the pletely established, in the instructions heretofore given, and in questions growing out of the recent occurrences which are of a communications with the Spanish government, that it is thought character unfavorable to the object in view. It is desirable that no unnecessary to enter into them in this letter. Other injuries have matter of future contention or jealousy should remain, to put at likewise been since received from Spain, particularly in the late hazard or to interrupt the good intelligence which the United war with Great Britain, to which it may be proper for you to States are always disposed to maintain with Spain, and to all the advert. I shall transmit to you, her with, such papers relating to advantages of whien his majesty's government cannot but be In transactions where the parties enter with such dispositions, our claims, in every instance, as will place their merits in a just wholly sensible. light. In a conversation with Mr. Onis, shortly after the late corres-and such motives to accord, a frank exposition of all the trotone's of pondence with him, he intimated that his government was sincerely complaint is at once the most just, and the must jucicions course; desirous of settling these differences, and that it might be willing for to suppress or to smother any of them in cond, scension to temto cede its claim to territory on the eastern side of the Mississippi porary considerations, is but to leave the seeds of focure discord in satisfaction of claims and in exchange for territory on the wes- and to substitute palliatives and expedients for satisfactory and solid zern side. He expressed also a desire that the negociation might arrangements. take place at Madrid, rather than in this city. It was expected that he had been already furnished with full powers to negociate such a treaty, and it would be more agreeable to conclude it here if he had such powers, or might soon procure them, provided there was any ground to hope an early termination of it. But from the experience we have already had, it may be fairly apprehended that a negociation of it here would lead to very extraordinary delays, which it is wished to avoid.

The president will soon decide on the whole subject, after which you shall be duly instructed of the course to be pursued, and of the measures to be taken. These instructions shall be forwarded to you at Madrid by Mr. Henry B. Smith.

Extract of a letter from the secretary of state to George W. Erving

Department of state, May 30, 1816. SIR-To enable you to make the experiment on which the president has again decided to settle our differences with Spain, I enclose a letter of instruction, which, being shown to the Spanish government, will be your authority for the purpose.

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It is proper therefore that I should state distinctly all the points on which the United States seek for redress and in semity, co ne mencing with those claims whiel have heretofore been the stroject of unsuccessful negociation. I am well persuaded that the whole can now be settled in a manner satisfactory to both parties, sad without reviving whatever animosities they may have ong nally given rise to.

In the present exposition, I may also forbear to enter into the details of the principal subjects to which it refers; because these have for the most part in some form or other, been already brought leney in particular has the most perfect knowledge of them. to the view of the Spanish government; and because your exed

of

The first point to which I must call your attention, is the claim my government for compensation to its citizens on account of the ravages committed on their commerce previous to the year 1802. This is an object which the United States never has, and never can lose sight of; indeed the justice of the claim his already been admitted by the Spanish government is a convention nego The United States still expect that this claim shall be adjusted upon ciated and signed by your excellency on the 1. h August, 1892. → principles of law and quity, which cannot be called into question by his majesty's government.

As the justice of the claims of the United States, in every inIn the same manner, the United States expect that compensation stance, has been fully established in former discussions, the documents relating to which are in your possession, I shall not enter into the subject in that view. It can hasdly be presumed, that the will be made for all the injuries done to their commerce, under Spanish government, after what has passed, will be desirous of re- the authority of the Spanish government, or within its jurisdiction, suming this discussion. Should such a disposition be manifested previous to the date of said convention, not embraced by it, and those documents will enable you to place the subject in a proper the claim for which, was especially reserved by that conventions The suppression of the deposite at New-Orleans in the year 1908; light. I shall proceed, therefore, to state the conditions on which as well as for all similar injuries subsequent to its date. the settlement may now be made. The United States complained, in 1905, of injuries from Spain-violating the treaty of 1795, torms another clafon of great import1st. By spoliations on their commerce.

ance.

Causes of misunderstanding of a later date, and of another cha 2. By the suppression of the deposite at New-Orleans: and States and Great Britain; these were of so unfriendly, an in 3d. By the refusal of the Spanish government to settle the boun-racter, acenmulated principally during the war between the United daries of Louisiana on just principles.

Of spoliations there were two classes-the first consisted of sei-many cases of so violent a nature, as to threaten an immediat. and zures made of American vessels by Spanish cruizers-the second of serious rupture between the United States and Spain; but happily, seizures of other of our vessels by French cruisers, who carried the pacific policy which has uniformly charseterized the conduct them into Spanish ports, where they were condemned by French of the United States towards Spain, was still upheld by consider consuls. For the first class, provision was made by a conventionations highly honorable to the moral character of the American between the two governments, at Madrid, bearing date on the 11th government; considerations growing out of the then unhappy of August, 1802, which the Spanish government afterwards re-domestic state of the peninsula, and the miseries and disorders to fused to ratify. For the second no provision was ever made, though which a most unjust foreign invasion had made it a prey; the the claim was specially reserved in that convention. The suppresAmerican government always trusting that Spain, on the res stair sion of the deposite at New-Orleans was in direct violation of an lishment of its national independence, and the restoration of r gue article of the treaty of 1795. By the cession of Lamisiana, the Uni-lar government and tranquility, would readily attend to the just ted States claim, (and, as they think, have proved by a clear tith) demands of the United States, and cheerfully embrace their cons all the territory lying between the Perdido, on the eastern side of ciliatory propomis. the Mississippi, to the rio Bravo, on the western. They well know that France would have claimed to the same extent, had she not made the cession; though as the French government declined des Sing the boundaries by the treaty, as was desired, no appeal was made to it by this government, or thought proper, afterwards, respecting thein.

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It will suffice for the present that I mention but succinctly the principal matters above adverted to-these are:

1st. The encouragement which was given by the Spanish antho rities in East Florida, to the Indian tribes in Georgia, and generally 2d. The aid given to dren in that war; on the southern fronti r. to make war on the Brated States;

savage war.

These acts were evident and very important violations of the neutrality which Spain was bound to observe between the belli

3d. The aid afforded to Great Britain by permitting supplies to Certainly what fell from the minister tended to strengthen that be sent through East Florida to the Indian tribes; and afterwards, opinion; and it has been still further confirmed in a subsequent by allowing her to establish a place of arms in that province, for conversation. On the 21st inst, having reason to believe that he did the purpose of encouraging and supporting the Indians in their not intend to reply to any part of my note of the 19th, I immediately called on him; I found, in fact, that the measure which he had announced to me, having been definitely determined on by the king, he considered any further correspondence on the matter as altogether superfluous; indeed, that he had but the most superficial, if any, acquaintance with the contents of that note; I then read to him a copy of it, and having urged all the reasons which induced me to wish for his answer, he finally consented to give it-I now wait for that answer."

gerents.

Her duties, as a neutral power, were altogether lost sight of, when the United States' frigate "Essex" was attacked in the bay of Valparaiso.

The seizure of American property, and the imprisonment of American citizens, in various modes and under various pretexts, both in the peninsula and in the colonies, afforded unequivocal indications of an unfriendly temper; several of these acts may hereafter require special representations on my part-my present object is to bring them generally to your view. The president re lics upon the just sense which his majesty must entertain of the important crisis in our affairs, which such events are of a nature to produce, for the adoption of a policy congenial to the interests of both countries; and the president persuades himself that the same just and amicable disposition will be prompt in affording the satisfaction required for the injuries complained of, and that thus a state of lasting peace and friendly intercourse may be secured between two countries, whose relative situations and interests render that state so peculiarly desirable.

Emily, the questions respecting boundaries, which have heretofore been supposed to offer obstacles to a settlement of other differences, the American government considers as susceptible of anicable adjustment, and I am instructed to treat with your excellency on that subject. I have the honor to be, &c.

GEORGE W. ERVING.

Extract of a letter from Mr. Erving to the secretary of state, dated
September 22, 1816.

"I wrote to Mr. Cevallos, on the 13th instant, a note, of which the enclosed paper (No.2) is a copy, inviting his attention to my note of August 26th; and on the 14th instant I again waited on that minister, for the purpose of again urging him to reply to my said note; he made the same excuses for his delay he had before

made.

On the 15th instant I received from Mr. Cevallos a note of the same date; a copy of it (No. 3) is herewith enclosed; I also submit to you (No. 4) a copy of my reply, of the 19th instant, to that

note.

[No. 2.]

To his excellency don Pedro Cevallos, first minister of state, &c. be. Madrid, September 13, 1816. SIR-It is my indispensable duty again to invite your excellency's attention to my note of August 26th. The importance and the urgency of the matters of which it treats will, I am persuaded, sufficiently explain my earnestness on this occasion: and I most ardently desire that the determinations of his majesty upon it may correspond to the just expectations of the American government and lead to the establishment of lasting peace and harmony between the two countries.

I renew to your excellency the assurances of my very distinguished consideration.

GEORGE W. ERVING.

[No. 3.] Translation of a letter from Mr. Cevallos to Mr. Erving, dated 15th September, 1816.

SIR-Having laid before the king a note, under date of the 10th June last, addressed by Mr. Monroe to don Louis de Onis, in which he manifests the desire of his government that Mr. Onis should be authorised to negociate with him; his majesty has acceded to it to gratify the president; and I have given the correspondent orders te the said Onis, to the end, that he may immediately enter into negociation with Mr. Monroe, and employ all the means that are within his reach to secure a solid and durable peace and good intelligence between the two nations. I renew, &c. PEDRO CEVALLOS. [No. 4.]

To his excellency don Pedro Cevallos, first minister of state, &c. &c. Madrid, Sept. 19, 1816. SIR-By your excellency's communication of the 15th instant, I learn, that a note of Mr. Monroe, secretary of state of the United *You will observe, sir, that under the circumstances of this sud- States, under date of June 10th, addressed to don Louis de Onis, and unexpected determination of the king, as communicated in which note the desire of the American government is expressed by Mr. Cevallos. I thought it indispensably necessary (and my rea- that the said don Louis should be authorised to negociate with it, sons will, I presume, be obvious to you) that my answer should in- having been taken into consideration by the king, his majesty, with elude all that passed of importance in my intermediate conference a view of conforming to the wishes of the president, has acceded to with that minister. I sought the interview for the purpose of ob- the desire expressed in said note, and that you have sent the corres/taining, promptly, explanations, which, in the ordinary course of pondent orders to don Louis, to the end that he may immediately encorrespondence might not have been given for months, of ascerter into the negociation with Mr. Monroe. ing, as nearly as might be, the real views of this government in the I received this, your excellency's important communication, on ineasures adopted, and, as far as possible, of fixing Mr. Cevallos in the day of its date, but before finally acknowledging the receipt of a direct and loyal course; in fine, of forcing our business on, by it, thought proper to seek, in an interview with you, such explanaone mode or another, to a conclusion of some sort. Indeed, it was tions as it seemed to require-for that purpose I waited on you on impossible for me to do any thing more than merely acknowledge Tuesday, the 17th instant. I predicated what I then said to you, on the receipt of the note, and to transmit it in course to my govern the supposition, that the American government might not have ment; unless I could learn whether the measure which it proposed, expressed a particular desire to change the seat of negociation-but was or was not likely to be acceptable to you; for I have not seer that the secretary of state, in the note of June 10th, referred to by your note of June 10, to which Mr. Cevallos refers, and as the your excellency, had but renewed the expression of his regret, words of his note, "que el citado don Luis estuviese autorizado para that Mr. Onis should continue to urge matters of complaint, on negociar," are altogether equivocal, and may receive either a past which he had not such full powers to negociate, as he was underor future construction, 1 did not feel confident that you had stood to be in possession of previous to his reception by the president. really invited Mr. Onis to send for powers; thus I could not but As I have the competent authority from my government to treat be apprehensive, that the object of this government, in the mea--am in possession of all the docu ents necessary to be referred to sure proposed, was merely to relieve itself from pressure here, to in whatever discussions may arise; as your excellency is perfectly gia time, and indefinitely to procrastinate the settlement of our versed in all the questions which exist between the two gu differences: and this suspicion was strengthened by many collateral vernments:-for these reasons it appeared to me that an arrangeconsiderations. ment might be made here at Madrid more expeditiously than at

his majesty's intention to place Mr. Onis in a position equally favorable to a speedy adjustment of our differences. I concluded by excusing the warmth with which I pressed the subject, assuring you that I was very far from seeking my personal gratification in this matter of high public interest, but that I looked only to the desired result; and that if this could be obtained more promptly by transferring the negociation to Washington than by pursuing it here, I should sincerely rejoice at the transfer.

"You will perceive, sir, that Mr. Cevallos says, in his note, that Washington. I stated expressly to you that I could in no case be "correspondent orders" have been sent to Mr. Onis, by which I must under a necessity of referring to my government for further inunderstand, orders corresponding to the intention of the king to structions, requesting at the same time to know whether it was satisfy the president, by conforming to the desire expressed in your note to Mr. Onis, which must be understood to mean full powers; and yet, in conversation, he allowed that such powers had not been sent, and accepted of my proposal to transmit then. However, this apparent discrepance may have been mere inadvertency; he may have intended duplicates of his powers: I resort to this supposition, because I have just now been informed, through another channel, that fall powers" have been sent to Mr. Onis; how the fact may be, you will be able to ascertain by the date of the powers; if the In reply to these observations, I understood your excellency to powers have been sent (unless indeed very lately) it is surprising state, that owing to your being actually charged with the business that Mr. Cevallos did not earlier communicate the measure to me. of three ministries, besides the direction of the posts; and to the "The observations which I made to Mr. Cevallos, as to my own variety of other occupations incident to your high employ, it was powers to negociate, and my proposal of a special commission; impossible for you to give the time to the affairs to be discussed these were intended rather to test his sincerity, than to alter his which would be necessary to a satisfactory and speedy arrangement professed plan. I said only what under circumstances it had been of them; that Mr. Onis was also fully acquainted with those affairs extraordinary to have omitted; my earnestness naturally resulted and was in possession of all the documents relating to them: and from the position in which I was placed by the proposed measure, though you could not say but that it might be necessary for that but I refrained from pushing to the extent, of which they were minister to consult with his government, yet even the loss of three susceptible, what might be considered as my own pretensions; for months' time on such an occasion would not prolong the negociarudependent of the doubt in which I was as to the real intention tions to the extent which the unavoidable delays here would carry of your note to Mr. Onis, or that out of question, of what might them to. best suit the views of government, my own decided opinion was, These reasons urged by your excellency for transferring the seat that the negociation might be carried on to much greater advan- of negociation to Washington, induced me to propose that his matage, and brought to a conclusion much more expeditiously at jesty would appoint a special minister or a commission to treat Washington than here; not only because it would be in much abler with me. I understood your excellency to reply, that as such hands than my own, but because Mr. Onis is there in a situation minister or commission would be entirely uninformed, and would to see, and to feel with infinitely more force, than Mr. Cevallos have every thing to learn on the matters to be discussed, and can, in the midst of all his distractions here, the real importance, hence continual necessity of referring to you, this mode could in no Pay, absolute necessity of a speedy adjustment of our differences. wise expedite the result.

On my asking your excellency if full powers and instructions had been already sent to Mr. Onis, I understood you to say that they had not.

I then informed you, that after replying to your communication of the 15th instant, I should prepare to send a gentleman of my legation to the United States with my despatches; and I offered his services to be at the same time bearer of your despatches to Don Luis de Onis; which offer you were pleased to accept. If I may have made any mistake in this statement of the substance of what passed in the interview which I had the honor of having with your excellency on Tuesday the 17th instaut, I beg that your excellency will be so obliging as to correct it. I have further to request that you will be pleased to inform me whether it is your intention to reply to my notes of 26th August and September 13th,or whether I am to consider your communica tion of the 15th instant as superceding the necessity of any special reply to those notes.

I have to request, also, that your excellency would enable me to inform my government whether it is his majesty's intention to send "full powers" to don Luis de Onis to treat upon all the matters in question between the two countries, and whether the instructions to be sent to him will embrace all the points adverted to in my above mentioned note of August 26.

As soon as possible after I shall be honored with your reply to this note, I shall send a messenger to my government; he shall wait, however, to be at the same time the bearer of your despatches to Mr. Onis.

to have written, merely to get rid of importunity, by tranquilizing what he supposes to be my personal apprehensions.

My despatches, (Nos. 18, 19 and 20) will accompay this, as well as those of the Spanish government for Mr Onis, which are to be ready within a few days. Considering the peculiar importance of these communications, I have concluded to send them by Mr. Brent to the port of Bordeaux, from whence it seems to be more probable that a speedy conveyance for the United States will be found, than either from Cadiz or Lisbon. Mr. Brent will proceed to the United States, if he should find a suitable vessel bound home. On account of the lateness of the season, I have though it right to leave this point to his own discretion, instructing him, however, to make the voyage, (in whatever vessel,) unless he should find at Bordeaux some American going to the United States, under whose care he shall consider the despatches to be as perfectly secure as under his own.

I beg leave, on this occasion, to express to you my particular satisfaction with the services of Mr. Brent, who unites in his character all the qualities which make a man of business, and a valuable public officer.

Translation of a letter from Mr. Cevallos to Mr. Erving, dated 7th
October, 1816.

SIR-In answer to your note of the 19th of the last month. I have to say to you, that the determination of the king that a full power should be sent to don Luis de Onis, proceeds from the desire of sooner terminating the pending disputes, and that it is uncon I renew to your excellency asssurances of very distinguished connected with any personal considerations. sideration. I renew to you, &e. GEO. W. ERVING. (Signed)

Extract of a letter from Mr. Erving to the secretary of state, dated at Madrid, September 27, 1816

"You will perceive, sir, by my last communications that there is now very little probability that I shall have occasion to use the smple documents with which I have been furnished.-Whatever complaints this government may have to make, these originating in Mr. Onis's reports will of course be sent back to him to bring weight into his negociations. It is equally probable that he may be instructed to answer at Washington to whatever representations I may find it my duty to make here; for it is now perfectly evident that a principal motive with Mr. Cevallos in removing the negocia tica to Washington, has been to get rid altogether of the weight and trouble of it here, and of whatever belongs to, or may any how he comprised in it. I hope that this was his only motive.

PEDRO CEVAllos.

Erratum.-The following error is in the printed documents, from which we copied. In page 27, in the 10th line of the last paragraph of Mr. Onis' letter of February 21, the words "object of the" should be inserted, so as to read “cannot accomplish the object of the one or the other."

Constitutional principles.

President Madison's rejection of the bill that lately passed both houses of congress to appropri ate the bonus, &c. of the United States Bank to I see with satisfaction that your note of June 10, to Mr. Onis, internal improvements, such as roads and canalsdoes not adinit of any other construction than that which I cou- has been highly commended by some, and as severejecturally gave to it in my conversation with Mr. Cevallos. It is very evident too by Mr. Onis' reply of July 3d, that he has not ly reprehended by others. The details of this bill misunderstood you; after this, is it to be imagined that Mr. Cevallos were objected to by many who deemed it to be conhas fallen into a misconception? Certainly not. I presume then, stitutional-on the ground that a fund, capable of sir, that you will approve of my determination not to make any attempt to alter his plan; and that you will agree with me in opi- accomplishing splendid national objects,might there nion that the only chance of accommodation with this government by be squandered in pieces of patch-work, "here a is by negociation at Washington." little and there a little," without perfecting any thing of importance. But it was not on this account that the president refused his sanction to it-be "In my despatch, No. 18, I mentioned that Mr. Cevallos, in considered it unconstitutional in its principle, and conversation on the 21st of September, had promised to answer my note to him of September 19th. He was afterwards, for several here the matter rests. It is not probable that any days, so wholly occupied with the marriage ceremonies that not bill of the sort will hereafter become a law of the the least attention to any other kind of business could be expected; United States, unless the powers of congress are

Extract of a letter from Mr. Erving to the secretary of state, dated

8th of Oct. 1816.

but these terminated, on the 3d inst. I wrote to him unofficially a

note, of which the enclosed paper (No. 1.) is a copy; and on the 5th I again waited on him to press him for the answer which he had promised. On this occasion I observed to him that since, by his

enlarged by an amendment of the constitution.

Without having examined the constitutionality of note of the 15th September, he had not assigned any sufficient that bill-and, if we had, perliaps, without feeling motive for the determination of his majesty to transfer the negocia ourselves competent to decide upon it-we suptions to Washington, it had been incumbent on me to ascertain posed that it was in accordance with the principles what they might be, and so submit them to my government. It was with this intent that I had sought the interview of Sep of the national compact, from the frequent recom tember 17th, and had stated the substance of our conversation in may note to him of the 19th, which with his reply would be suffi-mendations of such subjects to congress by the secient for my purpose. That without explanation, the mere notifi-veral presidents of the United States, and from the cation of his majesty's determination, contained in his excellency's able report of Mr. Gallatin, while secretary of the note, would have a very extraordinary appearance to say the least; my government had sent me with powers and instructions to ne treasury, on roads and canals; and we knew that gociate; I had opened the matters to be treated on, and waited the general government was making the Cumberland several weeks for an answer, when I was told his majesty bad road. We, therefore, felt surprised at its rejection, determined to empower Mr. Ónis. Under such circumstances must it not be concluded, either that the Spanish government by this and were induced to examine some of our presi measure sought to avoid or to delay an arrangement, or that it had dents' messages to see how far they agreed with some personal objection to myself? Hence the necessity of an ex- this act of Mr. Madison. The following extracts planation. Mr. Cevallos answered that the motives to the measure were what he had before assigned, and that I must not allow my-immediately bear on the subject: elf to imagine that either the king or himself had the least objec tion personal to ine; on the contrary, it would give Mr. Cevallos peculiar pleasure to settle the business with me, if it were possible for him to attend to it; finally, that since I considered it important that my note should be answered, I should have the answer forthwith.

Extract from Mr. Jefferson's message to congress, at the opening of the session, December 2, 1806. "Their patriotism [that of the people of the United States] would certainly prefer its [the duty on i Yesterday, the 7th, I received the note of the same date of which ports] continuance, and application to the great the enclosed paper, No. 2, is a copy. In this you observe sir, that Mr. Cevallos speaks of "full powers" to Mr. Ouis, and the object in purposes of public education, roads, rivers and ca sending them to be the more expeditious termination of existing nals, and such other objects of public improvement questions. In conversation, Mr. Cevallos told me, that the instruc as it may be thought proper to add to the constitutional tions to Mr. Ouis, would comprise all the matters mentioned in my

ute of August 26th; but he has not thought proper in this last enumeration of federal powers," &c.

communication, to reply specially to the question put on that subject, in my note of 19th ultimo; indeed it was inpossible for biru to answer that note, and say less than he he has done; he seems

[He then suggests an amendment to the constitu

tion for the purposes just stated.}

A similar opinion, of the want of constitutional power to make roads and canals, is expressed in his message of December 5, 1815.]

Letract from Mr. Madison's message of December 3, not be considered orthodox. What has happened 1815, on opening the session of congress. may happen again. "The importance which I have attached to the That congress has power to establish a national establishment of a UNIVERSITY within this district on university, within the district of Columbia, is fairly a scale, and for objects worthy the American na- presumed from their right to make all laws relating tion, induces me to renew my recommendation of to it-it may, however, be questioned whether the it to the favorable consideration of congress"- public money can be appropriated for it. Some may "And I particularly invite their attention to esteem it impudent in me to express an opinion in the expediency of exercising their existing powers, opposition to the aften-repeated and very earnest and where necessary of resorting to the prescribed mode recommendations of Washington, Adams, Jefferson f enlarging them, in order to effectuate a comprehen- and Madison, in favor of a national university: But, sive system of roads and canals," &c. although I may respect the opinions of these to a degree bordering upon veneration, I feel that I have a right and a duty, not only to think for myself, but also to express my thoughts freely, upon any subject From these extracts it certainly appears, that the that I please; and have no hesitation in declaring an rojection of the "bonus bill," by Mr. Madison, en-opposition to such an establishment, at the seat of tively agrees with the former opinions of that gen- the national government; a government constituted, tleman, and with those of his predecessor in office. at present, very much to my wishes, but which, I As to the Cumberland Road—In the act of con- seriously desire, may never have any other influgress, passed April 30, 1802, establishing the state ence over the people than properly attaches to it by of Ohio, it is provided that a certain part of the its virtue. In time of war, or seasons of danger, proceeds of the sales of land in that state shall be when threatened by enemies without, or traitors applied to the making of public roads, leading from within, I hold it right to bolster the administration the navigable waters emptying into the Atlantic to of a free country to the utmost of our power, and in the Ohio, to the said state, and through the same; every way possible to support it, the same not being such roads to be laid out under the authority of inconsistent with moral rectitude: but in a settled congress, with the consent of the several states state of things-in a condition of society calculated through which they shall pass, &c. The "Cumber to be permanent, I esteem it not less correct to land Road” is, therefore, A matter of special agree-watch the governing authority, and to retain in the ment between the general government and the peo-hands of the people every method of reforming its ple of the state of Ohio. errors, if any should unhappily creep in. In the There is something very melancholy in the idea emphatic language of Mr. Jefferson, "we have not that no great national work of internal improvement found angels in the form of men to govern us,” can be effected by the broad patronage of the go and, until this comes to pass, I trust that all the great ronment of the United States; which, superior to powers of government, or, at least, the power of local viers and commanding such ample means, changing the governors, will remain undiminished to might accomplish things to mark the age and claim the citizens of this republic. I am unwilling that the admiration and gratitude of posterity. But such government should have any thing to do with the is the fact-at least in the opinion of the two last education of the youth; for on this, more than any presidents, whose talents as statesmen must be re-thing else, depends the liberties of the country. spected that the constitution must be amended It is better to leave it to the people at large, or to before any work of the kind can be done. We do the states, if the latter please to take it up-and not despair, however, of seeing the constitution so then, by rival institutions, the public will be better amended as to meet these views of it; and the served; and each institution, emulous of reputation "bonus bill," though rejected, may be the happy and depending for existence on the number of its cause of it. Many were under the impression that students, will be zealous to conduct its affairs asMr. Madison, in the rejection of that bill, had acted they ought to be conducted; and if any are silly inconsistent with his former recommendations of enough to indulge in political dogmas that the peosuch subjects; this is easily accounted for-they ple are opposed to, they will fall to the ground. recoliccted the great points of the fact, but forgot But there are many and very powerful arguments the condition on which those points rested in favor of a national establishment. Among them,

A like diversity of opinion has existed, and yet it may be said, that it would cominand the best taexists, as to the power of congress to establish a lents of the country, and might produce an unifornational bank. No such power is expressly delegat-mity of sentiment and of action by the uniformity ed, and the powers not delegated are reserved to the of the instruction received and the early friendships states respectively, or to the people. But congress formed thereat. Bat would even these be really have power "to provide for the general welfare," advantageous? Would it be expedient to collect the which, we humbly believe, would be much better rays of light to a point, and leave all out of its promoted by roads and canals than it will be by the focus in darkness and solitude, seeing that few, and establishment of that bank-Time proves all only the sons of the very wealthy, could be benefitthings:"-if such an engine as that is had been in ted by it? Shall we enlighten one at the expence of the hands of those who endeavored to bankrupt the a thousand; and imitate, in this respect, the policy United States in the late war, and who, with their of Great Britain-who, to pamper a man beyond comparatively small means, really did so much to human wants, packs off five or ten thousand others, depress the public credit-what would have been as good as he is, to the poor house, to make room for the consequence? Might they not have stopped-him? It may reasonably be calculated that the and would they not have stopped, if they could- grants and annuities to the duke of Wellington, over "the wheels of the government?" On the other and beyond the pay received as field marshal, &c. hand, if the government had retained more power have added, at least, 10,000 souls to the stock of in the direction of the affairs of this institution, it paupers, and the money given to him is of many might be used to persecute and rutin the state banks, times the amount of all the subscriptions for the and individuals, whose political sentiments should relief of the poor, about which there has been such

loud trumpetings.* And how great would be the very nature of things are inclined to believe it, that evil of an uniformity of sentiment, if that sentiment, the private colleges of England are far more pioamong the rich and the learned, should happen to ductive of learned men, and eminently more so of be erroneous-for neither the professors of universeful citizens, than the national universities of sities, nor those educated by them, are more likely Oxford and Cambridge, where the professors, rolto be "angels" than other persons; indeed, from ling in fat and independent of the people, are indo"feeling power," they are more apt to forget that lent and careless. It is the great business in mothey are men. The best fastening of these states is narchies first to grasp the mind of youth, at school, a community of interests, in all their parts, for pri-through the fear of corporal punishment, and then vate friendship might grant what public good! would enchain it by a pensioned priesthood, holding up refuse. The doors of this university would be vir- eternal torments for those who doubt the divine tually closed to all but the sons of the great, ready rights of kings; who are as much indebted to these enough to play the part of aristocrats without being manoeuvres for their crowns as to the bayonets at led to it by early pre-eminence. Nor would all, even their command, and perhaps more so. I do not of such, have a chance of being educated there- want political schools, political priests or servile there must be some limit to the number of students, bayonets to be called in to support the government and a preference may easily be supposed, if the ap- of the United States-yet I should like to see a set plicants should exceed the number allowed to be of school-books compiled, which, without reference received. Take a case that now exists-we have to our parties, should excite a love for the constinever heard it most remotely insinuated that politics tutional principles of the republic, to supercede the have had anything to do with the nomination of kingly stuff that was handed to us while colonists cadets, to be educated at the public expence at the and subjects of England, yet used in so many of our, military academy at West Point, but many have com- seminaries of learning. It will be recollected that plained that whilst some are able to get births in it the famous Illuminati proposed, as the only sure for two of their sons, that others plead for a single means of effecting their purposes, to obtain situachild in vain. The number is fixed-all that are tions as instructors of youth-they were charged applied for cannot be accepted, and personal favor with a design of overturning the old monarchies, and personal feelings must be supposed to give a and their power, at one time, was reported to be preference. This is natural-it is the result of the very formidable:-there was no objection to their common law that governs the actions of men, and project because of its laudable end; but the fact can hardly be avoided. It is understood that there shews us that it is safest to deposit the power of are many applicants, from all parts of the union, for employing tutors in the hands of the people at situations in this academy, where the whole num- large-making them chiefly dependent on their These are the outlines of my objections to a naber of students is about 250-yet of these nearly own good conduct for success and profit in it. one-tenth are from the District of Columbra! Thus, and to a much more ruinous extent it tional university-but the subject is of a nature to might be if we had a national university; which command talents infinitely superior to any that I On the whole, then, I conclude--that if it is conwould also, in my opinion, have a destructive ten-have to bestow upon it. dency on the present equality that exists among

the people, by rearing up certain persons, as it stitutional to establish a national bank and found a were, to be governors of the rest; and just fears national university, and unconstitutional to make might also be entertained of its becoming a chief roads and dig canals, that it would be much better seat of immorality and political corruption. Seats for the people to recal the power delegated for the of government, from that of the meanest county to first and second and grant it for the third, than that of the most powerful nation, are not the places to let the matter rest as it now is. The latter would best calculated to inspire the youth with virtuous assist honest industry in its struggle to arrive at sentiments-they are calculated rather to make independence-the others seem particularly designcunning men than honest men, and early impres-ed to make the rich richer and the poor poorer; the sions are the most lasting. This establishment immediate advantages of them being secured to the would probably send forth some few of splendid wealthy. Riches are apt enough to grow into luxuIt is the alpha and the omega of my politics, in the talents, at the cost of the many: I prefer the in-ry, and luxury into despotism, without such aids. terest of the many to that of the few. Franklins and Rittenhouses will work their way to eminence with-language of the late venerable Dickinson, "THAT out it, as Brown and Jackson "hewed a path to AN ARMED PEOPLE AND AN UNARMED fame" without having studied at the military aca- MAGISTRACY, IS THE BEST SECURITY FOR demy; which, however, is an institution that ought FREEDOM." Let every species of power and into be zealously supported as a seeding place for fluence remain where it rightfully belongs. accomplished soldiers. Let us profit by experience —we bave heard it frequently stated, and from the

Shipping and commerce.

In the last volume, page 353, we presented an The duke of Wellington is said to be worth a million of pounds sterling, and, perhaps, much interesting view of the commerce, &c. of several per ports, to which the following is an interesting apmore. Say a million. The interest of this, at cent. per annum is 60,000., which is paid by Bri- pendage: tish labor. [See last number of the Register.] If

FORT OF SAVANNAH.

the family of a poor man consists of five persons, it Alist of vessels which have entered, and cleared from

the port of Savannah, from the 1st of October 1816, to the 28th of February, 1817:

ARRIVED.

would give 30. or 133 dollars a year for the support
of 2,000 families, or 10,000 persons. Herein we easily
see, when we consider how the people of England are
overburthened, that the building up of the fortune Ships (foreign voy.)19
of this man must have made, at least, 10,000 tenants Brigs
for the poor houses. The weight of a feather may Schooners do.
preak a horse's back. These grants are independent Sloops
of his pay and emoluments of office.

CLEARED.

do.

52

Brigs

28

do.

6

Ships (foreign) 16 do. Schooners do. do. Sloops

47

--105

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