The Georgia journal. (Milledgeville, Ga.) 1809-1847, March 20, 1811, Image 1

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MU « EilGEVILLE, Vmt'? >UAY, MARCil 20,' 1811. MM PUH1.ISHF.D Ml SEATON GKANTLAND, (printer'totue STATE,) on ,>uf- JfF.RSON sragl'T, OPPOSITE A HE NORTH END OF THE STATE- HO*: it. TE.'tMS .TWHEE DOLLARS PER AN*- HUM, ORE HALF TO Be PAID IN AD VANCE. ADVERTISEMENT* Wilt TC THANK TOU.Y RECEIVED, AND + f *. «HCC*tAA» r«4'V*«*. tb send in ;*u oft*. I note, r.nnounc- ihg uiy resolution > return to Ame rica, ai ' to lea "i* Tonue suitable per- ■n rf 11 is < 23d of July, m- lord Wcllrs- *i .bEOOBVIULE PRICE CURRENT. Cott on, Sett, Iron. Com, Whtat, lA 1 55 To 9 95 1 BO MFi STIC, Washington, Feb. 21. In the House of Representatives Bpt Kttle business has been done for several days jrast, the interest e.xcil- ct\ by the debate in the Senate on the Biink question having thinned the Hbuse, by attracting many of its mo uthers to listen to the oble. speech es ion each side of the question. tThe following message #'as recei- veil from thy President of the United Stjtes on Tuesday : 'J'v, the House of Refires.cntatio^s of. tks tihttfi'c? 3 f ai+thT I transmit to the House of Re presentatives a report of the Secre tary of State complying with their Resolution of the eighteenth instant. JAMES MADISON. February 19, 1811. Department of State, February 19, 1811. SlE> IN pursuance of a resolution of the Jtfotise of R enresentatives of vester- dav. I have (he honor of laying before you the accompanying papers (mark ed A. and B») which contain all the information, not heretofore commu nicated, that has been received by this department “ touching the re peat of modification :1s well as the practical operation ol the orders and detrees affecting our neutral com merce since the first day of Novem ber,.! 810.” With the greatest respect, I have the honor, to be, sir, your most obe dient servant. R. SMITH. The President of the United States. Extract of a letter from Mr. Pinkney to Mr. Smith, dated London, Nov. 7,1810. I inclose a dunlicate of my letter of the 5th instant, in which was trans mitted a con” of mv note to lord Wellesley of the third, concerning the brders in council. I have little more to sav, in addi tion to what is contained in that let ter, than that it is my intention, in ease lord Wellesley gives me an un favorable answer to it* tb enter at large into the whole subject in mv rejoinder, and, in case he delays im properly his reply, to take as strong potice of that impropriety* as I can. As soon as the king recovers, I mean to mention again the subject of a minister plenipotentiary to the U- nited States, (which lord Wellesley, notwithstanding his Written and ver bal pledges, seems to have quite feir- gotton) and if satisfactory assurances $s*e not renewed and acted upon, to announce my determination to Re turn to America, and leave a charge daffairs, in the choice of whom how ever, I shall have considerable diffi culty, unless you should furnish me in season with the expected secreta ry of legation. I presume that in tak ing this course, I shall fulfil the wish es of the President, and I enn assure you with great truth, that I shall con sult by it my own inclinations. (COPY.) Mr. Pinkney to Mr. Smith. - London, November 1ft,1810. SIR, I have finally determined not to mention to lord Wellesley (as I had thought of doing) the subject of a 1 plenipotentiary* successor to Mr. ra Jackson. I think, upon reflection. 3; (and shall act accordingly) that I ‘>S ought after what has passed, to leave v' : him without further enquiry or no- V tier, on my part, to shape his course * upon it; and that, if an appointment 1 should not be made as soon the king’s ’ health (which would seem to be im* > 9 proving) will permit, I ought at once son as c.yi/v: My letter formed y , ley’s written as ’iJUr c of the 22*1 of daatny nth (.v'.>i. ’"•as in conforrtj*- tv, a* V- v. J-M etU v* -»**« .ft conversation) u ttikt. it was his intention immediately to recom mend tile appointment' of an envoy extraordinary and minister plenipo tentiary from me king to the United States,” I diftnot think myself au thorised to- tale the step which the instructions contained in yourdletter of the 23d ol May, in certain circum stances, prescribed. My opinion was* that whether the prospect, which then existed, af bringing to a conclusion the affair of the Chesapeake, were taken into the necdunt or not, it was riiy obvious duty to remain at tny post, roost irk some as it was every day becoming, until it should incontestably appear, that those assurances were not to be ydied upon. Before a sufficient time had elap sed to warrant so harsh a conclusion, I received from lord Wellesley, on the ,28«h of August, a further ctisual intimation (reported! to in my letter of the 29th of the same month) that the recommendation of a minis ter would as he believed, be made in the course of that week or the next. In the mean time the repeal, by the government of France, of the llerlin and Milan decrees, had pro duced a posture of affairs, which whatever might be lord Wellesley’s forgetfulness of his own declarations, or the inattention of his government to what he might advise in conse quence of them, rendered my stay in England for two or three months lon ger indispensable. In me, the effect of that consider ation had not ceased when the illness of the king made it impossible that I should depart. Upon the king’s recovery, I shall have every motive for bringing this matter to an issue md hone for the least hesitation or reserve upon it. Several months Nfill have been allow ed for the performance of an act which might have been completed in as many weeks. I shall have done every thing in my power on the subjects connected with the revocation of the French e- dicts. And the British government will he in a situation to admit of such proceedings on its own part and on mine as the occasion will re quire. From Lord Wellesley^s intimation to me on the 28th of August, (men tioned above) it is perfectly clear, that he had not then executed the intention, so positivelv announced in his note of the 22d of July. Five or six weeks had passed, and that which he had both said & written he meant to do immediately, he was not yet sure that he meant to do within another fortnight. The presumpti on seems nevertheless, to be quite unnatural, that Lord Wellesley con tinued, up to the commencement of the king’s malady, to be negligent of a pledge, v/hich he chose to rest, not merely on his official but his person al character—a pledge, of which he knew 5 could neither question the sufficiency nor doubt the sincerity, and by which, as he also koew. my conduct on an*extremely delicate point of duty was wholly determin ed. On the other hand, if lord Wel lesley has been mindful of his pledge, and has recommended a minister in compliance with it, how has it hap pened (how ran it have happened) that his recommendatiop has not been followed bv nu appointment ? In the midst of all ^his doubt, which lord Wellesley might dissi pate if he pleased by’tin explanation apparently necessary for Ids own sake, there is as I believe no uncer tainty as to the course which, in the actual state of my instructions (or on the score of general propriety) I ought to pursue ; especially as I must infer from your silence since the arrival of Mr. Morier at Wash ington, (if I had no other reason for inference) that no such communica tion w*as made either by or through that gentleman to you, as Ought in the judgment of the President to have any on this oc I have t# (Signc Extract f . 15/A thi 14# *V3? JDatvNTFtn man No. ill •jon an conduct :ob-,F-r. . •v'm. PINKNEY. ptmieri (, doled the ’inkm.e*t letter of • 18lD, to M) Smith. I he • 'O* . _ w r Itfn much from any other quarter,’ con cerning the, order* in count'd. I have, not lately sought iny interview Vf\i\ him on that or auy, other occa sion. It is impossible for me to look bapk upon die past, Rod to place much value upon conferences. . , . I am particularly* anxious to get from lord Wellesley*, in case the Bri tish government persists in declining, to repeal the orders, a distinct state ment in writing of dip motive* of its conduct. Thus far I have taken for gran ted, the manifest and incontroverti ble justice of our expectation*« be lieving that there could in the first Instance be no sufficient inducement for- anticipating difficulties arid ob jections in 30 plain a case ; that if any existed they ought to be, and would be, avowed, and that whene ver avowed, I could 'meet them with tTmre advxnvjt* than they were only .P-uyvk-turecr. Should however, a studious alhbiguity con tinue to he preserved on a subject which no# touches more nearly than ever (in my opinion vitally) the cha racter ahd rights of, our country, I shall very soon think myself called upon to suppose for this government reasons which it will not declare, and to examine them with fullness and freedom in a letter to Lord \Vel- lesley. It is unnecessary in the ' mean time to trouble you with the view which that letter will Contain. I have not lately received any thing from France which enables tpe to put the repeal ol the French decrees in a stronger light than could other wise be done. Mr. Russel has writ ten me two letters, the first dated the 26th of Septemper, and received on the .'id of October, the other dated the lClii of October, and received the 13th of November, This last enclosed a letter to roc from Gene ral Armstrong, of the 29th of Sep tember. He had written me a short note from Paris, dated the 18th Sep tember, (but not received till long af- wards) which enclosed a copy of the French minister’s letter to him of the 12th of that month, already received from Mr. Russel in his letter of the 26th of September. Such use as could be made of these different communications, I have made. Of course, it could be very little. A Moniteut of the 9th of September, containing the Duke of Cadore’s letter of the 5th of Au gust, to General Armstrong, (which I got through a private channel,) is much more likdly to he of service (if any thing can be of service) here, where that journal is considered as equivalent to the London Ga zette ; and I have accordingly’, refer red to it in my note to Lord Wel lesley of the 3d instant. Extract of a letter front Mr. fink- rtcy to the Secretary of States da ted London, Nov; i9, 181O. “ My third letter to Lord Wel lesley concerning the French de crees and the British on’.ers in coun cil will be presented much sooner, than I had at first intended. I shall, I think present it in a few days. Upou the other subject of my letter, to you, of the i4th instant, 1 need not add any thing to tvhat is there said upon it. Extract of a letter from Mr. Pink ney to the Secretary oj States tinted, London,. Nov. 2i, 181O. “ An American vessel (the Fox) has, within a few days past, been brought into Plymouth as a prize to a king’s ship, (the Amethyst,) for an attempt to go "to Clierbiirg in France, in violation of the unrcpeal- ed British orders. I have requested that the case may he represented in proper form to ine ; and I mean to use it as die best ground for tnv in tended letter to Lord Wellesley.” Extract of a letter from IVm. Pinkney Esq. minister plenipotentiary of the United States, in London, to the Secretcury of State, dated Lon don, Dec. i t-, 181O. K On the t ifh instant T received from Lord Wellesley’ a note ol which a*copy marked No. t, is inclosed, respecting the repeal of the Freflch decrees. The' conference to which :t invited me, took place on die 5th, a*d in the course of. ft, LtxpUined to hint, at considerable length, my ’ v w#f'*W!iiv' J ,’^d Oftjtlti 1 ..'rttiacdiateiy '’.cofttKCteor wi-th eu— Lord Wellesley hoard me in-hisu- suai manner ; hot confined himself to such general remarks and pro fessions as I need not repeat to you. He proposed that our conference shculd be renewed on the 7th, and engaged, in the moan timt, to re port to his colleagues what I had r said, and at oil# next interview* to me acquainted with the rs- maste suit. “ He introduced, of his own ac cord, the two subjects of a mirist r plenipotentiary and the Chesapeake. “ On the flj'stt he professed to en ter in the same disposition and in tention as heretofore, & declared that the delay which bad taken place' a- rose altogether from some obstacles, of a personal nature, to obtaining the services of the person whom he particularly wished 0. Send to Ame rica ; that he "hoped t»Ase obstacle* .m . ;M oim ' \ tout be had another person in view, if it should be otherwise ; that he "had not supposed that delay could be considered as of any moment by my' government, after the assurance con tained in his note to me in July last; that these temporary inequalities were common, and, when not meant to be offensive, wfcre never held to he so, &c. etc. &c. “ On the second\ he informed me that he had not sent me a paper, which he had prepared lipon it, be cause he thought it would he well that the new minister should carry out the adjustment, and consequent-, ly, that it should be postponed till he was appointed. He repeated, that we should have no difficulties upon it. I give you these verbal explanations, as I received them. “ Oil the 6th instant, I receive^ > from k»rd Wellesley another note, of which a copy, marked No. 2 is iqplo$ed, requesting me to recapitu late in writing ray verbal communi cation of the 5th. With this request, I complied, as you will perceive by the inclosed copy, marked No. 3, of my letter to him of the 10th. “ I could have no motive for going to him on the 7th, and therefore, no interview with him on that day, “ As the case of the Fox was ra ther pressing, and I was not sure that I could prepare my letter, on the general subject in season, I sent in a separate note jupon it on the 8th. A copy of that note, marked jJo 4, is inclosed. I have no reply to it, and did not expect one ; hut I under stand, that the case has been, and will be postponed. j , “ A news paper co^»y of the Presi dent’s proclamation of the £d of No vember, arrived in London on the nth ilist. and produced a good deal of sensation. It gave me pleasure to find my letter to lord Wellesley so supported. I hope soon to re ceive an official communication of it. “ What will he done here on the affair of the Orders in Council, &e. I cannot yet say’. The general im pression seems to be, that they will do nothing ! My letter to lord Wel lesley was written (as my' verbal communination had been given) un der a persuasion, that they will do nothing if they can help it. A very- firm tone ought now to be assumed with this government. (Here follows the correspondence between Mr. Pinkney and the Mar quis Wellesley ; which will be pub lished in our next.) The following are the reasons as signed l*y the-Vice-President of the United States for his casting vote pend simply* upon the right 01 Con gress to establish tqfdrr any modifi cation a bank, hut upon their power to establish a National Bank as con templated by this bill. In other (wards, can they create a body politic 1 ahd corjy. t.ate, not constituting a part VtoTothehwise res- - ->4etn-M, but -bf-foyffttilre of chaimr. *iui bestow on its members , m v*v-3, immunities.and exempti ons iV't recognised by* the laws of the states nor enjoyed by the citizens generally- f It’cannot he doubted hut that Congress may* pass fll ne- cessar and proper laws for c.-*frying int*.execution-Hepowers specifically granted to the government, or t< iny* department or office thereof; but, in cluing so, the means must he mailed and subordinate to the- end. The powerto create corporations is not expressedly granted ; ir is a high at tribute of sovereignty, and in it3 na ture not accessorial or derivative by implication, but primary and inde pendent, I. cannot believe that this interpre tation of the constitution will, in any degree, defeatthe purposes for which it was jioritted ; on the contrary it does appear to me that the opposite * xposittun has ary tnt \ itahle tenden cy to consolidation, and affords just and serious cause of alarm. In the course of a long life I have found that government is not to be strengthened by an assumption of doubtful powers, but by* a wise and energetic execution of those which are incontcstiblc { the former never fails to produce suspicion and dis trust, whilst the latter inspires res pect and confidence. . If however, after a fair experiment, the powers vested in the government shall be found incompetent to the at tainment of the objects for which it was instituted, the constitution hap pily furnishes the mean lor remedy ing the evil by amendment, and I have no doubt that in 6uch event, on an appeal to the -patriotism and good ser.se of the community it will be wiselynpplisd. rwill nnCTrcspas^ upon the pati ence of the Senate any longer than to say, from the best t-xr-.iumation I have been able to give the subject, I am constrained by a sense of duty to decide in the affirmative—that is, that the first s^ttion of the bill be stricken out. SALEM, (Majs.) Ftb. i2. Choice of United States Senator. —Wednesday last being assigned for the Senate of this State coming to a choice, the Votes were for Col. PICKERING 20 ; Mr. Varnum (who had been chosen on the part of the House last session) i7 ; Mr. King 2; Mr. Cutts 1. The vote of the House was therefore non-concur- red, and (.here will be no choice till a new Legislature alters the state of parties. St. Louis, December, 26; The hidden treasures of this coun try* are daily brought to light; new mines of Lead, Copper, Silver, *nd we believe Antimony, have been late* lv discovered. A lew days ago a fine bed ol coal was c^^vcred in our neighborhood by a Mr Beard, an ingenious and industrious black smith, lately arrived here. WONDERFUL! Accidental discoveries, have net unfrequently been important to the acquisition of data from which the philosopher and historian have been enabled to infer solutions interesting to mankind. The infant state ct most countries, is unfortunately, ve ry little known. In nuittei-ous in stances, perhaps it may be fairly as- cribable to those peculiar circum stances which, almost always accom pany early .settlers, in their migra tion to new and savage countries— itf which, they* at first can find vert- on the question of striking out the little respite from the dangers of first section of the bill for renewing ■*• j ■**-—- 1-1 the charter of the Bank of the United States : GLNTLEMr.W, As the subject, on which I am called upon to decide, has excited great sensibility, I must solicit the indulgence of the Senate whilst I briefly state the reasons which in fluence my judgment sell-defence, against the animals which claim a division of eir.rirr^ and the toils incident to the provisi on of sullsistance. The Immedi ate wants which too ftquently press Upon hardy enterprise in its adven tures to unsettled cdtmtrks preclude that prolusion of time which gene rates cm sily and excites interest in what dots not directly con- Permit me to observe, that the 1 cera. question to be decided docs hot de- \\KF The desire of literary* fame, is otic of the strongest incite-