Public intelligencer. (Savannah, Ga.) 1807-1809, December 04, 1807, Image 2

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for the intelligencer. SYMPATHY. g SYMPATHY 1 thou foft and lenient balm, That all the rage of phrertzy’d grief can calra, Within my foul thy ir.f.ueiice.fwact impart, And live forever in my throbbing'heart. •O ! be it mine for others woes to feel, Toftnve the wounds of fortune fad to heal. Let toft companion in any bofotr. live, And when I've power, be it mine to give ; To ftep.how fwect, the deep enanguifl.’d (igh, And make the cheek cf poor misfortune dry. Though fouls of apathy no ftifierings know', Hard as are (tones and frigid as is snow ; The pure delights that go along with thee They never know, O ! gentle sympathy. Then in my bread thy influence bland impart, And live a tenant in my throbbing heart. AMICUS. From the National Intelligencer. The MefTage of the President has been attacked by the federal prints on various grounds, which we (hail a mu ft: the leader with concilely noticing.— Vv'e lav concisely; inasmuch as we (hall not (loop to lav any thing on the gross and indecent language in which fome of these attacks are made, or to form any eiiunateof the motives which at such a tune can indulge in such in ventive. We (hall, therefore, regard the substance alone. This will be found to he so attenuated as alnioft to defy analifis; and to consist of “ shadowy nothings,” which are dispelled by the iirfi rav of light that (hikes them. Firfi.“ A palpable faSfehood,” is charged upon the President, or our mi ninifters at the British court, on ac. count of the alleged oppoGtion between the language of the late MefTage, and that of the lad fellion, encloling a let ter from our minilters relative to a treaty w ith Britain. This is a high and founding charge. Let us examine the grounds on which it is fufiained. The President in his late MefTage fays, “ After long and fruitlefs endeavors to eiFefl the purposes of their mission, and to obtain arrangements within the limits of their inductions, they con eluded to sign such as could be ob tained, and to fend them for conlide ration; candidly declaung to the oth er negociators, at the fame time, that they were afcting agairdt their inllruc tions, and that their government there fore cou'J not be pledged for ratifica tion.” lie adds, substantially, that these terms were inadmiffibie, even in dependently of the declaration , Tub je6l to which the Britilh negociators signed the treaty. l'he Meifage of the last fclTion fays, “ I iranfmit to Congress a letter from our mimiier plenipotentiary at Lon don, informing us that they have a grced with the Biiiiih comniiffioners to conclude a treaty, on all the points which had formed the object of their negotiation, and on terms which they trulled we would approve.” The accompanying letter is dated December 27th, and itates that it would require cnly a few days to reduce the treaty to form. Four days accordingly did elapse when the treaty was hgned. On these fa£ts, thele enquiries pre sent themselves. 1. Was the paper actually signed the fame in fubftante with that conclud ed to be ligned ? 2. Did no intervening event pro duce anew and unexpected change in it ? a 3- Might not our miniQers, in the irueiim, have received additional in- Uruttions, more in detail than ih.jfe previously lent, particularly applies* Me to iotne points under conlidera tton ? 4- Might not oOr mir.iftcrs honelt ly enteitain a different opinion of the terms of the treaiy from the President ? It either ot these enquiries can be anlwcred in the affirmative, this high charge is annihilated ; and we will ap peal to every hone It and untialed mind whether it is not more likely that j fome such reason, as we have intimat-| ed, did occur, than that the President, or Me firs. Monroe end Pinckney should have been guilty cf a gross falfe hood ; a falfchood too which could not escape detection. The very idea that such men could be guilty of a folk hood is too absurd for belief. — When to this is added an almolt una voidable detection we mult lujpofe them fools to have uttered it. We do know that a strange and un precedented note was tacked to the treaty. Are we certain that no new principles wr re not introduced into its body? Is it not alio very pofiible that in reducing particular arrange ments to /cm, their fubltance may be in no fnaall degree modified ? Might not then our minilters, when they had before them, the form as well as the fubfiance, the details as well as the ge neral principles, have had a very dis ferer.t impreffim with regard to the instrument from that which they pre viouflv expected it would have pro duced ? Is it pofiible that they may have viewed the French or der as indicative of ho!ti!i:y agair.fi iff U. i>. and have conceived it found po licy under such an impression to ac cept from Britain the belt terms they coaid get, fubjeht to the reserved righ. on the part of our government to a dopt or reje£t them. There is one fact worth here notic ing. Long since, Mr. King agreed wuh the British Minister on certain terms relative to the impressment o! American Teamen, in correspondence with which he was about to sign a trea ty. But its signature was arrdled in this critical moment by tne lords of the admiralty uhufe earnest remon (trance prevented it. \\ hat has hap pened once, on a point of the firft im portance, and yet remaining unf'ettled, may happen again, and may have oc curred in this very case. Secondly. The President is charged with an attempt to invade the rights of h co-ordinate and independent branch of the government in the following part of the MefTage : I shall think it my duty to lay be fore you the proceedings, and the ev idence publicly exhibited on the ar raignment of the principal offenders before thediftrift court of Virginia.— You will be enabled to judge whether the defefcl was in the tefiimony, in the law, or in the admimllration of the law, and wherever it fiiall be found the Ic giflature alone can apply or originate the remedy.” , The charges detailed undei this ge neral head arc multifarious, of which the fubmiffton of the evidence to Con gress the allegation of a defect in the tefiimony, the law, or its adminiftra tion, are the principal. The right of the President to lay any thing on this point is denied, with what justice we ihall preferuly fee. The confiitntional oath of the Pre sident requires him, to the belt of his ability, to “ preserve, protect, and de fend the conftitutton of the United States.” 1 he constitution likewise makes it iiis duty to give to the Congrels infor* mation of the Hate of the union, and to recommend to their consideration such meafuresas he (hall judge necef lary and expedient. Under his oath it became his duty io thebeft of his ability to protect the conltitution against Aaron Burr and his allocates, whether their ends were tieafonable, or whether they aimed at carrying on a war againlt a nation at peace with the U. S. That one or the other was the end of this alfociation no man doubts. To arrelt such a pro ject was therefore clearly the duty of ;he Pre (idem. For this purpuie he pursued the belt means in his power, in doing which a great disclosure of the circumitances connected with the en tyrprile has taken place, which difclo lure direßly goes to eludicate the “ a * e °f the union,” to Ihew wheth er it is free from danger, or whether there is rcafon to apprehend dan <rer, uniefs preventive meflfures bej adopted. By whom ? By Congress. ‘ To enable whom to judge or tnem fedves ail the evidence is proposed to, be submitted. The President intimates that a defetl exitts fome where, to enable Congress to judge where, he lays before them all the correct infor mation, that can be collected. 1 hat such defeat docs exist, no one can de ny. Its exiftance has, indeed we be-, jlieve been admitted by the Chic* Jui i ticc himfelf, so far as relates to tne ter ritories of the U. S. where by the by, ‘the oanger from treason will always exifi. 1 o (hew the exifiance of this defedt, it was ncceffary to inb orn the proceedings of the court. It is, moreover, intimated that the defect may have been in the tefiimony. If so, there is an end of the enquiry, if there Ihould be found to be no other defeft. This intimation is consequent ly harmiefs. But the principal um brage is taken at the suggestion that it nay be in the admirfift ration of the law. This suggestion is altogether hypothe tical, and cannot, therefore, be jufily levelled at the Chief Justice : for the erm ** admtninratiou” <s lo co.npre lenfive as to include like wife tliofe who conduct the profacution and rhole ■vho enforce the mandates of the court. But if it were exciufively pointed at the ChicF Juftice,Rill, if the President thinks that ffs conduct has exposed a ny defect, it is not only his right, but his constitutional duty, as we have al ready seen, to recommend to Congress such measures as he fiiall judge necel fary and expedient. For the commu nication he lias made, it is evident that he coufiders an enquiry by Congress oti this point necefiary and expedient. Viewing the fuggefiion of the Pre sident, therefore, in either of the points of light in which he has presented it, it is not only perfectly corre-3:, but he would have been jufily reprehensible, had he been blent. A defetl exills fome where, which can only be remided ; by Congress, who can only judge from an examination of the proceedings of the court, w'hich it therefore became the duty of the Executive to furnifh. This examination is essential to the de termination, whether the defebl exists in the tefiimony j it is equally indif penfibie to the decision whether it cx ifis in the law, or its adtniniftration.— But what, fay these waiters, have Con gress to do with the administration of the law ? Let them make laws ; but once made, let their administration de volve exciufively on the judiciary.—• Agreed—with a ftnall qualification.— Congress may inflitute impeachments, and they may propose an amendment to the constitution, which may effect the existing organization of the courts : And if their proceedings {hew cither of these fieps to be ncceffary, it is their duty to take them. In these respects we offer at present no opinion—but such being a part of the constitutional powers of the Legislature, it was indif penfibly the duty of the Executive, so far as he could, to lay before them alj the information connected wkh their enlightened excrcifs. From the Virginia Argus. The Prcfident’s inelTage to Con gress is, as usual with him , and'as his duty under the couUitution required, a plain and faithful communication ot (uch important fuCts as were n ceffary to give them a proper idea of the Hate of the union, both as to its foreign and domestic affairs, and also recommends to their consideration such mealures as, in his opinion, may be expedient and necedary. The chief magiltrate of the U. States add relies the alfem bled representatives ot this great and free people, not with the potnp and parade of monarchy, but in the unas iurning garb of limplicity and truth ; the (pirit and Jubilance as well as the object and remit ot his communica tions being very different from thole ot the king’s moil gracious fpetches to the two hou.es of his imperial pai lia ment, which always conclude with a request to his humble anti ybiequious commons to impofeisduiuona! our. dens on his mifcrabife people. Out President, orl the contrary, handing we are probably on the tv c of a wav occaTurned by tfle ifyjultige violence of G. Britain) informs uibdtt more than four millions of the pfinci. pal of our funded debt have been !*. charged during the year, and ufft we have now in the treasury an unex. : pended fur pi us, of the receipts beyoed the expenditures, amounting tcn.jUfi than eight millions end a half of del. Mars! bach are the excellent fruits of | republican wildotn and economy —- Twenty-five millions arui a hao or dollars of the funded debt have been extingusfhed during tne preceding uve years and a half; and, if the madficis of our enemies ihould nofc'Coiivpei us to relinquish the pursuits of peace, the whole debt will, in a very few years, be paid, and, then, the far greater part . of the revenue of the U. S. may be employed in internal improvements. There is no tall; in the Prefideiu’s rneffage of the necefhty of new taxes, of enormous loans, of the t-mprefimert of Teamen, and other dreadful rcfvur ces os that government, which John Adams once called the moll fiup.cn.■ do us fabric of human invention. In fiead of all this, the happy people of the United States have already in.their treasury a Turn fuflicient to enable them io defray the expences of war fora considerable time, and thou Hands of volunteers arc ready to march with a* lacrity to the fisndird of their coun try. It is yet to be hoped, however, that ; the Britilh government, tn the pteient . desperate Bate of their affairs will not . be so infatuated as to add Ameiica to the number of their enemies, and . that our demand of fatisfahUun fur the , outrages hitherto received, and of le curity against their repetition, will not , be ineffedluah V/c look forward with . anxious expedation to the event. COMMODORE BARRON. Washington, November 15. On Friday last, We andertlaod, the fecre.ary of the navy laid before the committee of the hoitfe or representatives On aggrefiiona, a detailed fl.aterr.cnt of the c ireum(lances attending the out rare committed on the Chefaptake, together withthofe which occured prior and fublequentiy to that event. To gratify the public folioitude on this important fiibjedl, we publi'h the follow, ing opinion of the court of enquiry and iicpe to be lliortiy enabled to submit to the public the other documents connected with tnis affair, w hich ate Lid to be iu the highell degree ir.te. retting. NalL.is! latslligsMit. i At a court cf enquiry aflembled on board the I United States (nip Chfefapeake, in the harbor of 1 Norfolk and ilate of Virginia, Ly order cf the honorable Robert Smith, iecretary of the navy of the United States, and continued by adjourn ment from day to day, from Monday the sth * day of October, 1607, until Wedi'.tfday the 4th j day of November, ISO 7. PRESENT, Capt. Alex. Murray, President, and ’ Captains Isaac Hull, and! members thar* ! Isaac Chauncey,j of The following opinion and report was mini* ! moody given, and direfted by the court t > be : transmitted to the hdhcfrable the iecretary cf the navy of the United States. Pursuant to an order from the honorable Ro* bert Smith, Secretary of the navy of the United States, to captain Alexander Murray, directed, dated the 12th day of September, in the year of onr Lord one thousand eight hundred and seven, the court proceeded to enquire into the cauiLot the surrender of the Chesapeake, a frigate ot the United States, then under the command oi_ James Barron, efquiie, a captain in the navy ot | the United Slates, to a British veficl of war; 1 which surrender was made (as is in the said or* i der hated) without that defence being uxdt ; which might have been expected from the kno*u valor of Americans ; and having heard ail the c * ! vidence adduced, as well by the judge advocate, 1 as by the faul captain James Barron, and haiJ j maturely and thoroughly coufidered the j (captain James Barron having declined to nffi'f | any defence) report to the honorable the fe- ri * , tary of the navy of the U. States, as by his lad 1 warrant is required, a fttatement of the matters 1 touefiing the said surrender, together with tb erf opinion thereon, as followeth : 1. It appears to the coart, that the lintel | States fcip Chesapeake, then under the co’ I mind cf James Barron, cup'ire, a captain in ’-I' 4 navy of the. United States, failed from Ilamptos Roads, on an intended cruize in the Nlt-dieerra -1 uCau Cea, on tire morning of the 22d of Jluki 1 pall, having on board a crew confiding ot nijr ” than three hundred and seventy men, and ! pletely equipped with every thing itcveflary tu -