Newspaper Page Text
&
to fulfil
icy, whivli
n ,irine the tn-eti-c a« fonn a* powihiej reason, nftirh are tmmut.i de
m -M „l |{..,:rf*eo| i rtn«Uct».|i«. a.government .1 i>”<”
fil lin' 1 rovnire* <'• B'aztl. th‘it I onlereil Jgiving il.e iiHcewnry expansion to Hi.
to In 1 rrp'i’r 1 by MIN' Royal dorren ollhe 1 great rui ubililien lh.it il pos-^os, «>■•>
Iti “ of Lehman, unt.c present year Ijr.n-e it to that height -I P'^ponty ami
Lie tliuujit pn’per to nHer a meeting grandeur to 0Inch .t was < ”‘tm«>•« J
u«!y-elected council* ot i rovid'.uirc. It was tillin'
liuve lhoii 6 iit I"'
f.yj' to-innirou, ul those iilie
„f( l residing Imre, non* ilhslaflding that
tlio^e of one Rrovince are sttll wanting
for tlie literal execution of the sanl de-
cree. Jose Bonifacio lie Andnula E.
SJIyh, nftny Counril rf state and of the
Couiinl ot Hi* most Ki’ill'lol Majesty the
liing, Lord Don John the Sixth, and tny
Minister and Secretary of Slate ot I o-
rtugn ti Domestic Allans ol the kingdom
ol'Br.zil is charged with the execution ol
tin* decree. Palace, Jane 1, 1 «--•
By the Prince Regent.
/0*0 Bonifacio nr Anuraua e. Six* a.
illustrious and llbrlhy Representatives.
The Representatives of St. Paolo, and
P„o de Janeiro, and the Mines w hen they
requested me to remain in Brazil, also
requested ot me the creation cl a Coun
cil of State. I determined to create il
in the form ordained in my Royal decree
of the 10th of February of the present
year, which form was required hy the
three provinces legally represented.
ioexpressihie was the pleasure that tny
ioul felt when those representatives
came into my presence, because 1 then
knew that tiie public will was not only
useful but necessary to support the "in
tegrity of the monarchy in general, and
espfJ0Tly of the gi eat Brazil, of which
I am the sou. My pleasure was still
much more enhanced, at seeing that the
ideas of the people coincide with my
own pure, sincere, & cordial intentions :
and as 1 was not willing to delay their
enjoyment of the benefits w hich such a
meansure promised to them, I deter
mined in the said decree, that as soon a*
the representatives ol three provinces
should be assembled, the Council should
begin to exercise its functions ; the ex
edition however of (his decree cannot
take place literally, inasmuch as the will
of the people has been most unequivo
cally manifested that there should be a
General Constituent and Legislative As
sembly, as was communicated to me by
the Chambers. Not wishing therefore to
postpone fora single moment, nor to a-
bridge in the slightest degree what i-
desired by the people, and much more
when what they will is *0 reasonable,
and so interesting, not only to Brazil,
but to the whole monarchy, 1 was con
vinced that I ought this very day to con
vene rny Council of State, notwithstand
ing that the representatives of three
provinces are not yet assembled ; in or
der that in conjunction with such illustri
ous, worthy, and liberal representatives
I might know what was their opinion re
lative to onr political situation, it br ing
a matter that belongs to them as wholly
popular, and in which the salvation ol
our country, menaced by factions is in
terested. It would be very indecorous
in mo, as well as insulting to the illostri-
ouft-S-cpicsen.Mtves, to point oot to them
their duties ; but without giving the
slightest offence to any one, I have al
lowed myself to make tins single recom
mendation, which is, to support the
cause of Brazil as they have just sworn,
even though it should be against myself
(which 1 hope will never happen,) for I
am ready, for the sake of the nation, to
sacrifice mv own life, which in compari-
sion with the salvation of our country is
nothing.
Ftom the reasons slated you perceive
the necessity that there was of this sud
den session. Know that upon it depends
the honor, the glory, the salvation ot
our country, which is in extreme dan
ger- . . .
Illustrious Representatives, these are
flie sentiments that govern my soul, and
that are to govern yours ; rely upon me
not only as an intrepid warrior who in
our country’s cause will defy all dangers
whatsoever, but also as your friend, the
friend of the liberty of the people, and
of the great, fertile and most rich Bra
zil, which lias 60 much honoured me ant!
loves me.
Do not think, illustrious Representa
tives, that all, 1 have said is the result of
deep thought, expressed in studied and
deceitful words : No, it proceeds from
mv love of our country, expressed with
the voice of the heart. Believe me.—
2cd of June, 1822.
The Prince Recent.
Oath of the Representatives.
! swear upon the Holy Evangelists to
defend the Roman Catholic Religion, Ihe
dynasty of the royal house of Bruganza,
the regency of his royal highness, per
petual defender of Brazil, to maintain
the sovereignty ofBiazil, her integrity,
and that of the province of which I am
representative ; to insist upon all hoi
rights and privileges, as well as upon all
the measures that may lie necessary for
the preservation and maintenance of the
peace, and the well understood union of
the whole monarchy ; and trnlv, con-
fcientioiis.lv and frankly to advise his
Roys il lligl mess in all matters and on all
occasions when I shall he called upon
for that purpose. So help me God.
Of tl.e Ministers and Secretaries of
State : 1 swear upon the Holy Evangel
ists always truly, conscientiously and
frankl*’ to advise his Royal Highness in
all matter*, and on all occasions when I
pi,all bp called upon for that purpose.
f, t His Royal Highness Ihr 1‘rinc.e Rt gent.
The public, safely, the integrity of the
nation, the honor of Brazil, and the glo-
rv of \our Royal Highness moft urgent
ly and imperiously require, that your
it.iyal Hmhnessshoujd convene with the
greatest possible spend a general assem
bly of representatives of the provinces
of Brazil.
Brazil, *ir, wishes to he happy ; this
desire, which is the principle on which
VT
1 Jgr.r.Ajftj. —-N'i.ncly,-two thousand, two
On the n.l of- Jove, «JV p'-rad rrnntnWve If (hundred and’sixty-lhree pounds sterling
tlie (Vie*,on tlio Hat'' "f il '■ .“'"f ! Iiui e been contributed in England for the
their rxport. They chiefly °Jqq..", e-tief tif the suffering Irish ;—-of this
itioi,.'upo*| , | I’li'judii I's'ofjtt sum, ,C 01,000'lluvo been t en
V
ire, winch has so long devoured .her,
that fascinated her at the moment
<lic heard on In r shores the «'et^ 0
herty. which founded on the Dots
the Tagus, and prevented bet lufi*
trusting European pride, or bthi
that false mnchiavelism would profess
liberal principles in order to atlrai t and
amuse her, and llien to erect upon her
min and re-colonization the edifice ol the
felicity of Bortug.il.
In the ardour ofthe indignation which
the perfidy of her brethren caused her
to feel, Brazil would have broken the
moral ties of religion, blood N manners,
that connected her with the mother
country, but for her attachment to your
royal highness, the heir ot a house,
which she adores, and serves still mof
from love and loyally, than from duty and
obedience.
It is unnecessary for u« »ir, at this mo
ment to enumerate the misfortunes w ith
which the Congress prostrating the very
principles to w Inch it owed its existence,
authority, and power, threatened the
rich provinces of this continent. Eu
rope, the whole world, which has ob
served it, knows them, notes them, enu
morales them. Brazil now cannot, ought
not to expect from it. any thing but mea
sures hostile to her happiness. Repen
tance never enters into heart* that crime
devours. The Congress of Lisbon thut
lost sight of the palor star by which it
ought to have been guided, that is Ihp
happiness of the majority, without at
tending to antiquated forms, is now ca
pable of framing every species of plot,
and of propognting anarchy in order to
ruin that which it cannot rule. Parties
are formed, dissentions fomented, crimin
al hopes nourished, animosities sown,
abysses are opened under our feet : Mill
farther, R.vo centres arc acknowledged in
Brazil, two principles of eternal discord,
& they insist upon the. retreat ol your
Royal Highness, which will instantly
arm ns against each oilier.
And ought your Royal 1 Iighne's to I dil
your arms, & inactively await the burst
ing of the volcano upon which your
I Ugliness’ Throne i* placed. The pres
ent moment, sir, decides the happiness,
or tlio ruin of Brazil. She adores your
K royal Highness, but there exi-ts an ns
dilation ofsentiments, occasioned hy the
dread of her former calamities, by the
dread of despotism, that secret factions
invite and earnestly endeavour to profit
by. The anchor which can secure the
ship of the state, the chain which can
hind the provinces of Brazil to the foot
of your Royal Highness’ Throne, is the
immediate convocation ot the Cortes,
which in the name of those w hom we
represent, we request of your Royal
I liglines*.
Brazil has indisputable rights to estab
lish her own government and her own
independence ; rights, such as the same
Portugese Congress acknowledged and
swore to maintain. Laws, constitutions,
all human institutions are. made for the
people, not the people for them. It is
from this undoubted principle, that we
must set nut : Laws made in Europe
may create the happiness of Europe, hut
not that of America. The European
system cannot from the eternal reason of
things, he the American system ; and
whenever it shall be attempted, there
will he a state of coertion and violence,
which will necessarily produce a terri
ble re-action. Brazil w ishes not to in
fringe upon the rights of Portugal, hut is
angry that Portugal should infringe upon
hers : Brazil wishes to have the same
King hut, does not choose to have Mas
ters in Ihe Deputies, of Ihe Congress of
Lisbon; Brazil desires her independence;
strengthened by a well understood onion
with Protugal ; she wishes in short that
they should form two great families, go
verned by thoir own laws, pursuing their
own respective interests, obedient to the
same Chief.
The honor of Brazil, the glory ofyour
Royal Highness, cannot suffer the pre
sent state of thing* to endure any longer.
What nation in the world will be willing
to treat with her w hile she does not as
sume a determinate character ? H hile
she does not proclaim the rights that she
has to take her station among the Inde
pendent nations ? And what nation " ill
dispise the friendship of Brazil, and the
friendship of her Regent ? Peace is
oor interest; only enemy w ill he he who
shall dare to attack our independence.
Let your Royal Highness then deign
to hoar our request : little considera
tions ought to weight with little minds
only. Save Brazil, Save the nation,
Savo the Portuguese Royalty. Ilio de
Janeiro, June 3, 1822.
Signed.
Jaqnim Gonsalies Redo, Representa
tive of the Province of Rio de Janeiro ;
•lose Marianne do Azeredo Coutinbo,
Representative of the Province of Rio
de Janeiro; Lucas Jose Oles, Represen
tative of the Cisplatiue State. We co
incide in opinion, Jose Bonfacio de An-
drada e Silva ; Gaetano Pinto de Miran
da Montenegro ; Joaquiin He Oliveira
Alvarcs ; Manuel Antonia Parinha.
nat war having be
ration of the con-litnlioi.. upon pri'ju
kinds, and a millibar of abases Ini* hut been CM’-
reete.l, tin' Hew .v-teill i* alilio t ana'oidaj y
,I,,lilted by those who hair lo-t their iu.ortv,
inline 11 e.e,' places, privileges, "ad ii.oi.orir—_
and there i. of eoiiise, a mulliliide ot nialrhi*
lents, who hit eiiileavoiing to tiling liboo a
counler-revollltioii. Mot, il e\|>en."in A. I^i*.
proved on the one hand, llml tin ir udciupt* :> ^
draw not uncoilin', P-d, tint tonn p«v4 al U *V'**Y-,-
l.lnli, it tins demonstrated on fire other, Inna
their means, whether physical or fUOiut, aic not
adequate to the olrjeet vvhieti they wish to nr-
eninnlih, and llml ull Ihe.e attempts have split
upon die good sense of the Spams]; nulhni.—-
I he roinmiltee next advert to the conduct ot
Ihe Clergy, some individuals of .vhicli him;
been found in ev cry hand of Malcontents—and,
in conclusion, they recommend a ninety c.t
measures, the nio-t important ol winch will he
noticed aiterwards if approved hy tie Cartes.
GnritAl.Tin, June Ifh
Tiie accounts from Catuhinia coiitirli the Mi
nister s statement in the sitting of * lit Cortes,
ofthe ltd ins!, that the hands of Mateo dents in
that province, 11s well ns in tialacin and Ara
gon,had been defeated oil nil points. It further
appears, hy u despatch of the Chit (ioveruorot
i.ogrono, that another band of about toil was
landed at Arcus on the Ud inst. and that the
most effectual means have been taken to -up-
press the spirit of dtsallection in that partot the
kingdom.
T he obnoxious regiment of artillery, whose
continuance in \ a’eueia gaxe rise to strr.li loud
complaints, has been removed.
Measmes have been adopted bythr Cortes to
eurrv into edi ct the promise, made by their
pr. dere-so. s in ImH*. to g.ant la-nis tothr* nfili*
1 nr - .' who proclaimed the Coastit .lion in that
year, previous to its being kn nvn tlmt hi- Mil
led* Imd come to the dclerniinutiun of adopting
it himself.
They hnve also empowered government to
1 all oat l-’.ood men ot the active militia tortile
period of eight months, from the 1st nt July
next—within which time it is supposed thattne
regular army will have been completed, and
that the new levies will be aide to do dull
His Majesty ha. refused to sanction tie' new
Decree on the ah ilition of Seimenrial liiglits,
and sent it back to the Cortes w.th the grounds
of his refusal.
The Ki el.eh officers who have taken refuge
in Spain, to avoid the persecution they were
undergoing in their native country on account
of their pol.tieal opinions, ir e, hy a late decree
ofthe Cotes, In receive the same pe*uni. rv
assistance from the Spanish government, us
tin Italian Emigrant 1 . in tie' s ame predicament.
Ji ne gl.—Tire accounts from Catalonia, \r-
ragoit and Navarre, continue farnrable—what-
evrr parties of Malcontents rr-nppear in arms,
are immediately pursued, uud generally dis
persed hy (lie National Troops.
't he Cortes ;.re engaged in dismissing a p : an
for the organization of the local militia, tn
llieir late sittings, they have also increased to
20,000 the number of men ofthe active militia
whom they, a few dax ■ ago, . mpoxvered go
vernment to t all out, taken elfe. t int means to
enforce tiie residency of the the Beneficiaries
of their Clen ch—mill, ill consequence of fresh
cnmp ainls from tile officers of all the brunches
ofthe naval department, that they were com
pletely tipglcrted, and by no means paid like
those of the army and the civil officers—issued
the most positive orders, that the complaincrs
Ire paid their arrears—Hint a former decree on
tiro subject he punctually curt it'd into ellcet to
prevent similar complaints in future—and that
those public functionaries ire culled to account
who have been guilty of the criminal neglect
complained of.
The committee on cases of responsibility have
been directed to ascertain, in compliance wiih
ften. Kiego s request, whether the Kx- Minisirr
of the interior, ti. Itanron f'eliti, is U: b!e to he
brought to trial for depriving the Uenc a . 11st
year, ofthe military command of tile piovmce
of Arragou.
mow'itev u).
mix tod to
|I|H ill lit! Telit lllslnct* ill W Ill'll llletn-ss
|ia* livi'n most prevalent. I Ire inonltis
..I July and August are lonliml In with
areal appreliriision and snliciimlc. An
uccuuiit from B.intry state* that the tin-';
forlnnato pride ol llie people, add* to tire
rplamilv. One wninuti, willi three rlnl-
.In n died of Mtual stuiWnlion ; they
were nearly a week without sustenance,
anil before assistance could he adminis
tered they were all found lifeless to
gether ! Many are seen to faint through
mere exhaustion, and tin; local subscrip
tion* are said to Ire insulin,i nt event to
Inn1 cn/fins for those who xrovht die nj hun
ger. A miserable existence lias been
lengthened out in Kill.irney and Galway,
by feeding on rock weed, limpets, and
the tops of nettles, From ( hfilen il i*
observed, *• four died in Bnfiin, and if
swelled limbs, pale look*,sunken cheek"
and hollow eyes, are the harbingers ol
den'll, the work ol desolation w ill be soon
very rapid in this country.”
It is not famine alone that distracts this
unhappy kingdom, f’olitical dissension*
come in for their share. Ihe latter,
although they have not ceased to lie dan- j
gerous, can hardly bo pronounced for
midable.
France.—General Berton and two of
bis suite, were arrested on the I Oth ot
June, at a farm nearSaumer, where the)
had been concealed. They were con
ducted under a sufficient escort to the
prison of the citadel
The French merchants daily receive
from their correspondents in Spain or
ders to stop all commercial undertakings
hy sea and land—this circumstance, con-
nerterl with others, serins to indicate
—- ' ni'g.xri.'d '.rl.
it xvi' er.qnestb r.-.l _
j mlc.iliim of tin- two UK'1 COiiltm .m„ pn,.
_ 1 m ihe treaty, to iuclinl chare of
the Sth renunciation ul tin- Dili a it it .«■,
•nrneatly soliciting tb' 111. before tin y •
ml, In cid upon tiie Em cutive fur 1 ,u 1
lion of 1 h< ir Mntcintmt. The curie-p.
deni'll which took place, in cnisetpiei
Washington, August 2.
The Boston Daily Advertiser and the
Baltimore Federal Republican have en
deavored to m.dee out that the late de-1 which took pi.ire, in .'ooseipiM,. 1 ..f
ti-iou by tiie Emperor of Russia, on the | t |,i s c; ,rnrst demand on the put of to.
construction of the disputed article ol | until, heiweeu the Gummissi.'iiers ..ml 11
■the Treaty of Ghent, is not favorable t" { Secretary ol State, has already be. o imb
ibe side of this government. Thetraus-
Jatimi from,(lie French, to the accuracy]
ot' w IF l (l i nception is taken by |hc-e
papers, ts nuOtours, as they seem to sup
pose, but is of high authority. It was
not even rendered into English at the
Department nl State, but at St. Betors-
burgli, mid has therefore every claim to
respect. Its verity will be confirmed,
moreover, by a critical examination v!
the whole subject ; ami the editors of
these two journals will, we are sure, he
gratified at finding that they arc entire
ly at fault.
The decision, we have said, was fa
vorable to the United Stales ; but per
haps we were not sufficiently explicit
as to the degree in which il is favorable.
We will endeavor to be more so. The
Treaty of Ghent established the status
ante, helium in regard to all territories,
places mid possessions ol either p trly ;
it further stipulated that territory or pos
sessions captured hy either should be
restored to tlio other, «• w ithout carry-
* mg away any of the artillery or other
“ public property originally captured in
•• said forts or places, which should re-
•• mam therein upon the exr.h mge ofthe
*'ratification of the said treaty, or any
“ slaves or other private property.”
The Brill'll government contended,
that the qualification ol being *• original
ly captured” in the places where they
actually were at the exchange of tlio ra
tification, applied to slams and private
| property as well as to artillery and o
that the amicable relations ofthe two t h. rpui/fc propertl. They, therefore,
governments are not believed to be very | deluded up only such slaves as wen
(liken on l>onr<I at th^ plares whore ti.«
hipH actuall) lav, and carried aw a)
FROM GIBRALTAR.
Thfi Cyne, at Philadelphia sailed" from
Gibraltar June 2^th, and u furies of papflr* to
the 22d are received by the editor of tiie Nati
onal Gazette, from which some iiiterestinsr ar-
ticles concerning the uii’uirs of £pain ami Pur-
ttiL’al, are given.
Mr. \le*;im!»*!,a passenger in the Cyne, state-
that the President ' Message, of the 8th March,
had produced a good deal ot" irritation at Ma
drid. AjnOTigthe most decisive symptoms v\a«
the refusal of >|nin to continue to the American
Mediterranean squadron, the privilege of depo
ociety rests, is founded in nature cud " avul ttuJ i J1 ' ovi ’‘ u “
LATEST FROM EUROPE.
New \oiik, August 3.
By the arrival of the fast sailing pack
et ship Cortes, De Cost, master, the
Editor of the New York American has
received hi* regular files of London pa
pers to the 23d and of Liverpool to the
24th June inclusive, from which i* given
the following summary of European in
telligence :
Great Britain.—The American ami
West India trade hills were passed alter
a third reading in the House of Lords on
lie 20th of June. The Earl B.nliurst
advocated their passage, w hich was ob
jected to by the Marquis ol Bute, not on
the ground of the main principle on
which they were bottomed, but he con
tended that a clause ought to he intro
duced compelling the registration of
slaves in the colonies, and concluded his
remarks by moving a clause of that ef
fect.
This motion was opposed hy Earl
Ijathurst and by Lord Holland. What,
said the. hitter peer, would he the con
dition of the slaves, if in consequence ol
tiie introduction of this clause the advan
tage offered should not be accepted hi
the colonies ? Intercourse, said he.
between America and the West Indies i*
indispensable to the maintenance of the
black population in the latter. In con.
sequence of thut intercourse h n mg cen»
ed during the late war, no less than fif
teen thousand of those unfortunate be
ings had perished. He expressed hi-*
regret that the persons at tiie head of
the government (lid not avail thein-elve-
of the opportunity afforded at Ihe late
peace for the cnwjdcte abolition of the
slux'c trade, and he expressed his fears
that the trade was now carried on hy
foreign countries to a greater extent than
ever.
The bill for the consolidation of the
Canada* was read the tir-t time ; and
after seme preliminary discussion in
which Messrs. Wilnint, F.lliee, and Mac
intosh participated, the bill was ordered
for a second reading.
A notice was issued from the Bank of
England on the 20th of June that all hill*
arid notes approved ol in the usual man
ner, which had not more ihun 9ii days
to run, would he discounted on and after
the next day at the rate of four per rent.
The funds rose immediately one percent.
They w ere 80 1-2 and left off at 81 31-
82. The advance continued tlio next
day, when cons, for acc. were 01 37-48,
at 12 o’clock. It was expected that 1
percents would be at par in a feiv day*,
i hey have lately ri«en from 04 to 08,
The King was to leave London upon
hi* visit to Scotland immediately aider the
prorogation of Barliament, which was to
cake place in the last week in July.
table.
Sr ain.—The government of France a -
our readers will have noted, liuve for won
time past stalii.ned a large military force up
on the border dividing that kingdom from
Spain, under the pretence of guarding il
fioin a pestilential disease. Remonstrances
Jiave ben f.irivardeil lo Earls, loll the army
has not been removed. So far from it, there
i*. reason to believe, from the movement ot
the troops, that something more is intended
than the enforcement of quarantine regulati
ons.
Greece.— If the spirit which is repre
sented to animate the Greeks should ronti
line, the happiest consequences may be look-
I for as the re-lilt of the conflict in w hich
seems they are li ft to encounter, -ingle K
unaided, the whole power nf the Turkish
mpire. The head ofthe Greek Chur* It
the Paeifieator of Europe—Alexander th
deliverer, the linnonii'v member nf the M *s
lachusetts 1’enee Society—has abandoned
them Inal! the atmeious cruelties that FI*
inisrn can suggest nr practise. The Sultan
has resolved for the future not In suffer any
Christians lo exist in any part of Europe m
Turk. y. The i at ant bishopries in Mac do
not allowed lo he filled. Si the church
es are destroyed in proportion a* the disci
ples nf Mahomet are enabled to ndin ce in
to the country. Every kind of Commerce
had ceased at Salonica, the capital nf mo
dern Macedon. Tile fertile plains of Seres
are changed to a desert, and ..II the Greeks
the Bulgarians, and other Christians, say*
the account, have taken up arms, either to
conquer or lo die.
The Pacha Scutari continues to resist the
Porte with success, Jii the advance ofCntirs-
chid Pacha has been withheld by tile defec
tion ofthe Albanians. The Pacha nf'Glo-
niea lias been reinforced, however, and com
mitted abominable excesses in the region
that surrounds him. More than 3000 ehil-
dren have been carried off from Agosto and
its neighborhood, to be brought up in the
Mahometan religion.
What would have been the conduct of all
the Courts of Europe, on the annunciation
of such an event, in the days of Richard
Ctenr de Lion'* Ten thousand swords
would have leaped from their scabbards to
I repel and avenge the dishonor ofthe gene
ral cause of Christendom. It yields some
consolation to learn that the Greeks, sensi
Me of the fate that aw aits them, prepare to 1
make Ihe most obstinate resistance. Those
nf Macedon h ive, retired into the defiles ol
Mount Olympus. The famous Ul.YsSES
(may he have the Fabian prudence of hi-
tors!) w ho nniv eomniandsin Thessaly,
lias addressed hi* brethren in arms, in lau
;e suited lo the sanguinary character of
the anticipated conflict.
Russia. — file the evacuation of Molda
via hy the Turks, although expressly stipn
lated, had not been performed on the 21*1 of
May. It is thought that the Toik* are only
manoeuvring to gain time, and that the Rus
sians accept llieir protestations only because
they are unprepared for war. Forty eight
Ilosuan OH ers are under t 'id for rebel lion
and conspiracy against the government,
ivliirh i* represented to he weaker than has
been generally imagined. The disafleetinn
among the nobility and the army is said t**
he great and very general.
It was believed at St. P. tershnrgh, on the
that were brought thither by them from
other place*.
Ellis construction was resided by the
United Slates ; and the two government*
not agreeing, resort was had, a* provid
ed by, the. treaty, to the at bit ration ol
ttie Emperor of Russia. Hi* decision
was
by the Bi i isli officers.
There could be no doubt, one would I
liahed—and the remit of that ciat -pan-
Hence was piirn in our p qu r of the l;,ili i.f
J Hue. On the day appointed lor the n...,l
decision of I tier qoe-lion, the Board Molly
recapitulated lilt; sutislaui'i! (d what i- line
stated. They said, that though ihe gi ulle-
mail from whom they had expected lo hear
an oral argument, had been prevented from
attending in person, he. had ti.u, Tilted I,is
liens ofthe subject tn them in I riling.—
That they had examined the question wiltr
great deliberation, and paid all due attention
totlienlilo arguments with which tin y Inn’
Ini n assisted hy counsel : J hut the prim
pal arguments against that eon-ti iiclion of
the treaty w hich triiuld admit claims ul'con-
tract were, that ’Ae ticuty was made tn s« t-
tin all differences between the two nati ::s,
Tint a private, contract between one of our
citizens and the government of Spain, M leg
a voluntary act oil the pait nf that cil.z* o,
entered into from his own conJidenee in lie:
good faith of that government, could n t
properly make a subject of national dif 1 > -
tnce . That the government of Ihe United
Stales, having no light to enforce the ob
servance ol'a contract, the impn.t and v.ili
dity of which most be decid'd hy tin* judi-
rial tribunals of a f 'feign sovereign, could
not with propriety d. priie its citizen- of Ins
recourse lo lllose tribunals, hy inierfeiiur ,ti
the rcHl.-ment of lib claim : That, though it
might he urged that Hie gnveinmeut niighl,
at; li " solicitation nf tiie citizen, an far inter
pose as to use its good offices with tin: in-
I'cig.i government hy persuasion—yet it
might lie doubled w hether that solicitation
gave it a right to make such a con | imim e.
of the claim as would bring loss ind inj v
lo the citizen : that if, there/..re,our gui c> n-
ment intended to re leas* Spain from Ihe ob«
lig.vinns of her cuntr n ts w itll out'i iti ,
it Would seem that it roust have intended al
so to ; ike upon it-eli the full di-i iiarpi . f
iIn i—a cunchi-iun w hich tin; limi'ed : -
irlinn tli i it undertakes to make wiil : t
i arrant: That the ;',th reiunieijtiun. in -
reeipi-o.' il in it* terms, if tin- government
<d tin* United States intended to renounce
the claims nfits eitiz.'n* growing out nf con
tract, Spain also inti tuled the same with ie-
gard to her subject-, and thus the latter, n I t,
might chance to Imld the obligations ofthe
United Stall " ill the fin m of golerilllli i t
stock otherwise, would be occluded fir m
igait st the constitution acted upon ' ? 1 ^I’T" ,he Tl ' ” ,,r > ”;
r 1 | Ici'euce which the known jo-lice and good
! faith ofthe United State?, and tiie very s; i-
1 f their constitution forbade, '
think, what was thn intention of the
treaty. It obviously intended to stipu
late, that no private property, captured
during the w ar, should be carried away
from any ofthe restored territories, &*-.
If the qualification w hicli applies to pub
lic property had bet n meant to attach
also to private property, the I i-t mem
ber of the sentence would have been
■ liffeten li arranged, an I the word “ a-
nV.” which gives meaning and compre
hensiveness to it, would have been omit
ted.
This appear* to ns Ihe gnmatical and
common sense construction of the dis-
|>' ted article of the treaty ; and it i-
that which is sustained hi (he decision
ofthe Emperor of Russia.—Xat. Int,
CLAIMS t'NDER IHE SPANISH TREATY.
Wo sonic time ago promised that we
would “ endeavor to procure lor publication,”
an abstract, " at the least,” of the opinion
delivered hy the Senior Cotnmi--mo. - r, on
w hat have been called the contract cases.—
Our “ilcnce since lli.it time we were in hopes
would have been considered hy our brother
Editors rather as a proof that our endeavors
had been unsuccessful, than that our promise
had been forgotten. Upon applicaliun at
the proper source, we find, that the opinions
delivered hy tile Board do not form a part
of tile reinrd—that lin y are, for tiie most
part, oral, and that the severe labors ofthe
kite session allowed the Commissioners no
time, had they been disposed, to furnish
transcripts of w hat h ul hern said. But,
since so etliing seems tn he exp.a
us, we shall endeavor .to give stieha view ul j
the subject a* our means nf information have
enabled us to take, and which, if it do not
p.ove entirely satisfactory to those loucein-
ed, will, we think, remove much of the ob-
liqoy which some of the papers have at
tempted to east upon the Commission,
for ihe course pursued in relation to the cas
es in question.
The proposition, whether riaiins arising
from breach of contract were or were not
intended to he embraced by the treaty, came
up for discussion at a very early period af
ter the o ganiz.ttion of the B ami, the me
morial which first presented it being, .as it
appears, No. »8 oo their docket. On the
tblli of September, this memorial was sus-
pended for n -git mi at, and a wish was e\-
pressed hy the Board, 111 .t the counsel in
terested in the question would prepare tin ii
arguments hv tile succeeding January ses-i-
on. Some ofthe most distinguished mem
bers ol the American Bar w ere concerned in
the discussion, and, during the recess ofthe
.-mill Of May th It M. lie Tatiseheir, who had i ,,.veral arguments vvere tiled, in sup
set on for Vienna, was empowered to act j p (Il q 0 f both -id ' -
lor Russia m the negociation for peace, up
on the terms offered hy the Divan to lord
"trangford. Katninierh Podnltsky is stated
to he, the place, designated for holding the
nnferenees, and that the Congress would
he opened on the first of August. The em
peror, previously to his departure, repaired
the Metropolitan Church to receive the
farewell benediction of the Patriarch.
Turkey.— The evacuation of Moldavia
and Wallacllia hy the Turks, had not taken
place on Ihe 29th of May. It was even
said that new troops were to replare the Asi
atic ones, who had only inarched to reinforce
Uni garrison el Braile.
New Orleans, July 30.
From Vera Cruz we have, intelligence tn
the last of June. There was little or no
luisine;
with f.
| port 01 Oot 11 sides of the proposition. Hav
ing had these various views of the suhjer
before them, and taking abundant time fo
deliberation, the Commissioners, some time
n February, announced that they vv. re pn -
pared to ihcide tile question. It had been
previously understood, that, notuitli-taial
ing tile rule ol the Board required tiie argu
ments of counsel to le-red red to writing,
any gentleman who opposed the administra
tion nf a claim, would he regarded in It .
light of an amicus curias, and heard ore leans
When one ofthe counsel, therefore, elaimed
permission to address Ihe Board, before tlit \
proceeded, in pursuance ofthe notice given,
to decide, he was frankly told, that, as tin
Board already entertained the opinion whirl,
it was h ; " purpose to support hv argument,
it would he 'mneeesBary tu give himself tin
trouble of addressing th in al that time—th:r
doing, and this market overstocked j if ntiy thing Collier could he advanced l.\
■ign gnod.s. This was pirtly mv-] gentlemen who maintained a d ll'rent con
ing to the sickly season having set in. The struction of the treaty, they would willingly
new emperor Ytorhide seemed disposed t*. wait to hear it—and if any thing should m -
particnlarly favor the citizens of the U. f cor to change their present view of the sub
Stall’s. The laws of the empire prohibit I jecl, lie should he called upon for his inti- d
fur the present the oxpurtalion nf Specie, ed argument, before a decision should In-
Home of our fellow citizens applied to the made
emperor lo have this prohibition taken off
as to them ; and he immediately ordered a
i ■peal ofthe laws as it respects citizens of
the United States. This promptitude in
our favor may be hailed as a good uineo.
Tims the question remained suspend'd
until the 11 th March, the last day uf Hu.
•essoin. In the mean time, letters had h . •
address'd to the B**;ed, -lating, in tin most
positive terms, under the aulLo.ity ol both
daring noncEnv.
\ psterilay moi nirg about o'clni k, i. ’
the hoy uU< uding the store nf At, , I
W. 11. A' cry. 414 I’m I street, was enj
in opening Ihe windows, fee. a stout i e
entered 7^ enquired for Mr. A very, * yi
want, d toll ,y some go d . The buv r.
ed that Air. A. iva* not n, upon ivPm!i,
ioimi dialely lore from a pi. ee of Mini
handkerchiefs one, which he tied ..hoe-
hoy’s month, then w I'll a piece <■!' tw j m . :
his hands, alter which he shut down
window . locked the door, aiul ei-mon t
opening the drawer*, iu one of wlmli
found the store purh.l bool:, contaii a
twe, n 50 and (10 it. liars in motley, " d
amuunlillg to between eight end nine i
died dollar". Upon fimling ilu n a ’■ a!
Iw ine iu his ser reli. he li.al | ho lain to • i,
iu the Iiri k part ol the More. II. thi n i
ml tiled.-k with the key whi< li lie fion .
til pocket h oik, dial leg oo in c .-imi le
. large ehi' Si 1 w ll eh lie h d - rrt led . (
him for that purpOsiand took out : h
or 10 dollars in <-h n:e f.r nhuli. t
■ g to tile hey . In* s , ,| ||, ,t if l,,. p,|,| ,
t .tnsaclion, or desnilu d t.j. pi rsoi, or di
that he would murdin him it In sh< - d n
him in the street. The scene m ..,
Ins l.u ki. g I Iw door on tin* out- ,] . |
ing Hie key under the dooi, ,u.d .1. ...
j walking oil with hislmutv.
[.’>'. 1". Jilt r. . i t
On the other hand, the chief argument re
lied upon to tiring these eases will,in tie
treaty, is, that, unless the S'h renoncrifi
he constriied lo inetode contract claims, q *
left without running, irasmueh . at!
claims, statements of ivliirh had been in da
to the Department ol State, are includ' d a
tile four first sperifi d rentmeiation*. T,,
argument would eertainly lieonnusu. rahli :*
it were founded in fact, as it i- allowed 1 e
a fundamental principle of construction to
attach some meaning tn every clause nf a I. -
gal instillment—but it falls at once to t' ;»
ground when it is show n that thobth reiu.i,
eiation includes, as it evidently dues, m u
eases nf (oil not specified in < ilhor ol lhe fui'r
first renunciations.
Under this view of the subject, the R. 1
said they had thought them*, it e* jus'lii, ,| ,
coming to the conclusion, that it was n q ;
tended liy the parties to the treaty tn em
brace within its provisions claims' ari-ii.g
from contract. But when they were a* m I
ed hy the official organ of their governin' ',
tliat the high contracting parlie- did cmi.u /
intend lo include these claims as will;
tl ers—w hen they consul, led th it the !• - ns
ofthe 5th renunciation were unqoesli'" ' y
sufficiently comprehensive to embrace then —
and when they reflected I lit, t the good
of their government depended upon the . x
erution nf the treaty .according to the ac
knowledged intention of the parties, ai d li , *
a violation of that gum] faith through t! -
means might bring war and its attendant
miseries upon their country, th. v f. It tin ir -
selves constrained to believe that they I d
no right tn reject these claims, and vn m
hound, therefore, to receive them. Tin y
could tint, they said, feel thcnisi In s aiilhe-
ted Irom j rind by llieir iudiciitl character, tu rnnli -
diet the poaitiie assertion nf two govern
ments, fi say they did net intend vvii.it Hu y
solemnly declared tin y did intend, more | : i-
lieuluily wlien Hie terms of Hie «|isp .t.d
clause might faiily admit such iut.i.ii, a
without giving to them a limed constiucli-
Ull.
It was added, and very ingeniously tn
taiued by one of the Coin mis- iomi s, (.Mi I
tliat, in nil cases of Heaty, the sovert igi r -
trading powers hud a right iu ct n tru ■ ,
and that the judicial tribunnls of every cm
try were Imimd Iu govern then (h ci-n * Iw
that con-truciuin. He pointed out '' e i -
I'ereuce, in this respi et, between a tp ’.* l
any other law ol the laud; and v. i y al, t
contended, that as the former vv.a* a o n i t
hetween two sovereigns, no ief* lior pto*.' r
cm Id rightly intripiet it. But, as we I -
lieve this doctrine to he entirely new, !
our recollection of vvliat w as advanced i . us
sop pul t is not very loll of accurate, we si ,.;
forbeui’to go fill tiler,-—.A <,1. h,!J.