The telescope. (Columbia, S.C.) 1815-1818, February 06, 1816, Image 2
Ar to inee%ctioa which ? gentleman liad
rained, Oiut the lodging of the authority to treat
ulmut cmamervo in the treaty-making power,
i would trench on tho powera of Congrew, it wm
[ of no ci)itM!<|U0Uce, tiineo the lejrfrtfative power*
of C'oiigreftR wero 00 vaat, ao universal, unit to
. ?'\tcn?ivr, that ii was not practicable to impart
k |>o\v(U' to any constitutional organ which might
not Ih? Haiti to bo in Home, degree an encroach*
went uoon it. The power of making peace evi
dently trenched upon it? -yet no one denied that
it ought 10 exist) Htnco it extated for the public
IxTullt.
Jsuppo.'W Mr. rinkney) flint, in order
to encouragc exportation, annuity wore unactcd
by Congress, upon that of sumo commodity, not
bein*; contraband of war. If in a treaty, iuh>
secpiently made with another nation, a clause
i.lmuld lh? iiiclu<lo<t extending the law of con
traband to that v?ry commodity there the efli
? uc y of your latva would he contravened, and
what t'ongreiw legislatively encouraged, a sim
ple treaty would. ?top. I might go through a
whole list of case#, in which there must Iieccii*
harilv be, forever, h conflict between the treaty !
milking power, and the act* of Congress f
but I will not trespass on the house, while
the one i have stated in ktiilicimit. The ef
IV rt of a treaty of poaee, i* to re|H'al war.?
Who made war f the law of congress. Who
empowered congress r the. constitution empow
er* emigres* to make war, and therein to do the
greatest, the most Ko|emn,aml most tremendous
in t. which power can din? all act which changes
the whole slate of thing* in the couutrv. ami
brings hostility into its very bosom. Can you
hhow ail act of Mich vast ellect a* wur r ami
vol by flu* authority of tiie constitution, the pre
sident can, with a mere treaty of peace repeal
that act, and in nu instant it vanishes. an it bv
manic. Youjiave power of legislation extend
ing to all tiling which can lie done witliout a
participation uf-foringii po\\ cr. Vet vour* in
nut greater than that of the president. but Is of
a different nature. Von le^i-late that war tsliall
he made, lie enact* that war shall cease, auil
when by that enactment war has ceased, in your
fi.st necessary to make it better or give it validi
ty ? Certainly not. In not thiii example conclu
sive. that you posses* tha{ greatest of |H>wers, to
declare war, hut thai the president c.mtrol* you
by legislation in >hape of a contract. If thi?
hefon* the house. then, be not a treaty. I ask you
what is it r If it be a treaty, your legislating
i an add nothing to it* value, or its validity.-?
Tl.e power of thu president in re?pcct to com
mercial tivatv -making, is a power not to make
inert* proposals, or shadows or figments, but to
do that which, at the very instant that it in done
is the law of the laud. Vour fiat is no more
necessary to it than to a bare treaty of peace?
it is a good ami perfect treaty without it.
If von deny the soundness of this conclusion,
then is the constitution an anomaly. It *ets a
part a certain portion of government, ami ap
points itylo make treaties, making no exception
whatever of commercial treaties ? hut if this be
denied, nml the right to make commercial trea
ties shall by remote infiueuce, be construed
away from the treaty making organ, the whole
wilbto. and the pow er of treating even for peace
wftrvanish along with it."
Mr. P. then endeavored to convince the
House, that against any possible abuse of the
treaty -making power the nation possessed a*
1 4*idnnt security, in the responsibility of the
President and Senate, and in the restraint im*
posed by publjc opinion. The House of llep
rosonfatives wero responsible j but a president
was still more so? for the latter coulu bo im
peached, ami the former could not. llut there
wus a no less powerful restraint upon the Pre
sident. lie had to lay down Ins office after a
certain period of service, anil to go back &
range with his fellow-citiy.cn*, to be affected
according to Ids deserts, in Ids fame and his fe
licity? to be liked or lo(ithed-~to be respected
or contemned? to live with honor in history,
?r to be infamous forever ? These Mr. P. said
verc awful restraints*
And what restraint* (asked Mr. Pinkney)
are there on you? Yon foo go back at the
??rid of vour term, perhaps with the hope of ty?
ing i e -elected? und a disappointment of thai
hope is your greatest punishment. Hut there
is the public opinion which in every free country
acts r.s the most imwerful of all t'estr^ints upon
men in power? In Oreat Ilritain, which though
it come* nearer to this government than any
other, is far less subject to the operation of that
nwlul restraint, public opinion is effectually
felt. The king is hereditary, the lords are the
same ? both are out of the reach of the people'*
voice in election, and even tjie House of Com*
iiions by means of the rotten boroltglis, feel in
some degree absolved from dependence on the
people? but even there, public opinion acti with
certain success? not by immediate force, but by
an indefatigable renewal of it? onsets. And if
thus, public opinion lie so omnipotent Ihtn,
what must It bo lure , where the magistrates
w holly rely upon the people for their elevation
to office. 'Is this no restraint ??? Yes, it is a
great one t ? aud it is the very restraint to
which the framers of the constitution looked
with confidence for the preservation of the
country's rights and freedom : ? a confidence
which 1 . jst and firmly believe was not mis
placed ?
Hut, Httitl ho, if it fthdnld be otherwise, ami the
< Mcf niaui?trnto hIhhiIiI abtii?c I?ih power no an to
?ii< tu* jmf>lic reprobation* the law of impeach*
tm>nt. urged on by tha virtue of the itnlion,
woulil nH.xiirodltr brliijf mm to the punUlmuMit
hr dt*?ervrd. 'Hut (here i* a further restraint
still. The president ciinnot net without the
rnnctirreucc of three fourth* of the Senate*?*
WIihI i? yo'ir rcftponHihiUf v ? ? Your low) of re*
Hection-^-are not the Hc-nate <*<|unlly reHjHiniii
ble~?You rispronriit the tl?ev the Mate*)
ami the MAte/i CQtt deliberate upon their divert*
and reject or elect them Accordingly.
I lore Mr. V. snul, t!m? though ho had i yurie*
t v ?)i' other topif* to advance in argument, ha
w i ? AO exhausted that he muiit atop,
[Mr, Hfifi(lnlnfi*n rrvhj to Mr. J'inkntu hnt*
remirlty dtfcftyd until our ne.vf.'j
IIOVSB'OP REPRESENT ATIYHS .
Fi-idiy, January IV.
Mr. RooK alter some remarks explaining the
necessity of small change, and the cause ol4 1(?
scarcity, to wit, that our cent* were worth
more, especially during the war, in copper bolts
than their nominal value, offered the following
resolutions, Which were referred to a select,
committee. '* That the weight of the cornier
coin ought to be reduced to four ppnny-weignts
the cent. , That tho copper coin of tho United
States might to bo made a legal tehder to the
amount 01 ono dollar. That provision ought to
be made by law fyr the punishment of counter*
, feititfg tho copper coin of the United Htak'S."
The House resolved itself into a committee
of tlie wliulo on the report of the cbmmittco on
the rules nud' order* of tho House. Ah unual,
this report, in its various details, gave riso to
much Achate, and especially on the subject of
the rule for i>rcviouB<iyestion, which Wus brought
Injfore tho llouso, by a motion of Mr. Stanford
to strike it out, or ho to vary it as to deprive it
wholly of its present character. This motion
Mr. Stanford supported by a number of remarks
and a fall expression of his aversion to the rule.
He wan followed by Mr. Randolph at some length
on the same side of the question. To both these
gentlemen Mr. Clay (die speaker} replied in
favor of the rule, as to the right ami expediency
of it. Mr. Oaston followed in a specch of great
length against the rule. On this subject there
was as much eloquence displayed as any <iues
tiun calls forth. The committee roso without
any devinion on the question.
A message received yesterday from the Pre
sident, wan opened and read. It transmit* a
statement of occurrences at KortJacksou in
I8M, during the negotiation of a treaty with
the Indian**, and recommends a compliance
with the wishes of the friendly Indians, in grant
ing certain lands to (ieneral Jackson nud others.
The moMHgo and papers arc interesting, and
Khali be published at large in our next. The
message was referred to tlic committee on Pub
lic Lands.
The house resumed the consideration of the
hill from tlio fionate resecting (he convention
ti? regulate commerce lietween the territories of
the iT. States and <?. lii'itain j which hill it will
he remembered, Mr. Foray tli had inoved to re
ject, Mr. Hanson had moved to postpone inde
finitely ; mid which was finally ordered to lie
on the tahlc. The <{uestimi on Mr. Hanson's
motion wan decided in the negative \ Mr. For
syth withdrew his. motion f tlie bill was twice
rend nnd referred to a committee of the whole.
Matunhiy, January 20.
The house, on motion of Mr. Lowndes, again
resolved itself into a committee of the whole, on
the rc|>ort of the committee of ways and means.
The resolve first in order being read, as follows.
" 0. Hettolvedy That it is expedient ho to amepu
the act entitled " an act to provide additional
revenues Tor defrny i ng the expenses of govern*
mcht and maintaining the public credit, li
ing n direct tax upon the United .States,
provide for assenting and collecting the ?
paused on the 9th of January, 1810, as to rcduce
the direct tax to be levied tor the year 1810, and]
succeeding yearai to three million* |
to amend the act entitled " an Act to
ditional revenues for defraying the expense* of
government and maintaining the public Credit,
by laying a direct tax upon the District of Co*
lumbia, pussed on the 27th of February* 18
as to reduce the direct tax to be levied tli
annually, to 89999, 80*100, "?Mr*. Ijo
made a speech as long as Ida delicate i
would permit, in defence of thegep
Slcs of tlie report and irt rcplv to cet
ions cast upon it a few dayn before b. ?.,
dolpli i to which Mr. H. rejoined in a aj>cccli of
a1>ou thai fan hour's length. When the (|uestion
was about to be put.
Mr, Ulay made a lew remark* in favor of (he
aeneral System contained in tlic report j but
thought tne amount of the land tnx too high loir
the ordinary season of peace. It was not ne
cessary* he said to go Into an enquiry ut this
moment* whether the land does nut eventually
pay nil taxfi* lit Whatever shape levied or cofc
leered | hut lie laid down the general principle
that in time of peace we should look to foreign
importations as the chief Hourco of revenue* and
in war, when they are cut off, that it was time
enough todraw deeply on our internal resources.
Mr. C*a plan won to moke up for hit* proponed
decrease of the direct tax, by an increaKO of the
duties on imports, lie wished to reduce the
direct tax to two millions, or to a million nnd a
half ) and when that proposition was decided on,
he was desirous of proponing another, (hut the
tax should ho limited to one year, tfo as to moke
it i| tax from year to year, ituteud of a tax with
out limitation.
Mr. Hardin (Wired to utiiko out the whole
Amount proponed, so as to leuvn (lio sum blank ?
Which blank ho should Jhj opposed to tilling at all.
Mr. day ho varied hi* motion, to accoinino
(late his colleague; a* to move to gtrike out the
sum entirely, and leave In the resolution a blank,
to bo filled a* tho house should think proper.
Mr. Randolph opposed the motion to reduce
the direct tax* Ho said he was in favor of ma
king the dircct tat an annual bill, as had been
proposed by Mr. C. but expressed surprize at
tho speaker** opinion, that in peace wo should
rely on the imposts, and for war internal taxes.
Mr. Clay, made a few remarks in reply to Mr.
Randolph, and Mr. Hardin, and went on to re*
murk ? It Had been said, that it was a time of
profound ponco. It was true wo were happily
at peace with all the world s but who knew now
Ions it w:ou!d t>o our gotol forluue to remain so ?
What V?as the present state of our relations to
OM Spain ? "Wo have recently heard, said he,
and I believe the information came from the
minister himself, that a deiimml has been made
by tho minister of the Hpaiiifth government of
tne surrender of a partoi the soil of (he coun*
try ) he meant that part of the country formerly
known by the name of West?Klorida.* which lies
west of the Perdido, and part of .which Is now
incorporated in the state oi I<ouixiaua. Mr. <*.
said lie would hot speak, in the terms in which
he Might be authored to apeak, of the impu<
deuce of ?dc1> a demand t but he considered It
indicative of the jttneral disposition of tho go*
vcrnmcnt which tllat minister rej?i**ent?d.?
- Deride*. lie aftked, w?? the state of Kuropeset
tied ? Kvery one hid heard of tl>e proceedings
of the Cohere** of European potcntntcs at VI
eunai wo have heard too that tlieir idea* of le*
ultimate government were carried to an extcpt
destructive of every principle of liberty j wc
have seen these doctrine.1* applied to creato and
overthrow dynasties at will. l)o we know* said
lie, whether we shall escape their iu'iucnce f
l)o we not know, though no surli intention may
exist at present, we shall, by adopting that po
licy which recommend)* a reduction of the army
anil navy, invite their attention to our weak*
lies:* ? Sir. (!. Mid ho waa for preserving the
system of internal revenue, on a reduced Hcale.
lie wante<l to hoc Kurope settled ) to hco the
relations between this country and Npain nlavcd
on a footing, which would ensure tranquility on
.our border*. Until ho saw the<e things, he* was
not for exhausting tho purse of the country of
the fund* neces*ary to cuablo it to vindicate it*
right* at home, or*, if necessary, to aid in the
cause of liberty in Houth-Amcrica. [After some
remarks front 'Mr. M'Koe,*]
Mr. Randolph moved (lint the committed
should rise) because, ho eni?J9 a fnct liail fallen
from iho speaker (Mr. Clay,) which would have
much weight on (ho nroceo'dings of (liu houses
when it came properly before them. According
(o (lie genius of this government, none of itn
ministers hnd seats on the lloor of this house,
and consequently tho*e members Ik> com o the
medium ol communicating it* sentiments who
stand high in (ho confidence of the executive?
Who should stand high in its confidence if the
?)>eakcr of this houso did not ?? and hr had
made a declaration with a view (o fnfluenco tho
vote of the house on a money hill too, involving
matter of deep and high import. Mr. R. said
he did not wish that the opinion nnd influence of
the speaker should have had effect on tho delib
orations of this house which it ought not to have
in caso (he negotiation, if there were one pend
ing between us and Spain, should be ill a better
state (linn (lint of which tho gentleman had spo
ken. If such were the relations between us and
?Spain, as he had represented) Mr. II. said it
might have, nnd perhaps he might say, ought to
have considerable M-eight on the great questions
now pending. For his part, however, Mr. R.
said, he, like the gentleman from Kentucky, (Mr
M'Kee) could not be frightened with the raw
head nnd bloody bones of old Spain. ITo believ
ed (hat General Andrew Jackson and the Ten
nessee militia would give a good account of all
the .Spaniards who will ever shew tliemselves
west of the l'erdido, and their red brethren the
the ('reeks, the Choctawa and Seminole*, to boot
? Ilo? I Here Mr. Clay rose to explain, and Mr
Randolph gave way for the purpose.]
$r\ P!V op before, he had ,
not said nor intimated* nor did he intend to be
uulerstood as communicating any fact
'"lion with uny member of tl._
Ml the subject. He alluded to ?i
ly he presumed in the poHsespiMjlitfci
mmn from Virginia as uf
it as coming from the Minister hinise\l*t a pub
lie entertainment. He denied kaving any rc?
lation with the Kxecutive, other than any other!
^ " ' cr had ot might have.
w wanu and in some^ respects, acrimonious
ersation thert took ptace between Mr.Clav
Mr? Randolph, in which (lie latter ad verte'd
with severity to the ftpeakerV observation in re
gard to the assistance It might be necessary
to afford to the cause of liberty in SoUth-Ame
rica."]
Mr. Calhoun and Mr. Lowndes, spoke in fa
vor of the committee rising; in which they were !
opposed by Mr. Johnson of Kentucky, aud Mr.
Hardin | and the committee rose. ?
? *
Jfomfaut Jununftf'Z). ? - !rv
rhe following letter, received on Saturday
by the speaker, was now laid by him before the
house i
. General J**H'Qfter. January 80M.
? Sir? Having this morning heard, that re
ports were in circulation, unfavorable to the
character of tlds Department, in relation to its
fiscal concerns. I respectfully request that a
committed of the honorable house may be np
pointed to investigate these concerns. JUr.
pert fully, I am your obt. servt.
. ' ' It. j. MKIdS, JK M. 6."
/V it* fhn. Speakfr, Ut.
The letter was referred to the committee on
thePost CMIlce and Post Roads, v ,
Tho remainder of the day was spent in com
mittee of the whole on the bill to continue tho
double duties till 30th June next, and the bill
tor continuing the ts.lt tax. TJ?? result was,
that tho bill for continuing the double duties to
Juno was amended so as after that day to add to
tho duties then existing, that is, tho old duties,
43 per coiit. on their amount uutil a new tariff
be enacted. The two bills were reported to (he
house, at a late hour, when tho house adjourned.
; ? TWiAty, January 2.1.
P,c ['ou*? proceeded to the order of the day,
being the report of the committee of tho whole
on the bill for continuing the double duties, &ou
that for continuing the salt tax. The report was
agreed to, and the bills ordered to bo envrosged
for f.tMjWreadiug.
The house then resolved Itself into n commit
tee of the whole, on the revenue subject. The
bill to continuo the duty on sugar refined within
the I J. States, and the bill lor repealing the du
ties on postage was taken upand agreed to. Tho
committee then rose and reported the bills to
the house. Tho engrossed oil| to continuo the
double duties oh imposts, fcc. was than read a
third time, passed, and sent to the senate for
concurrence, 'ilie bill for continuing the act
laying a duty on imported salt, was read * third
tune, aud after considerable debate, was passed.
? ? WVrf/xvJrtjr, Jiimaty 24.
Mr. Robertson offered for consideration a r*?
solution to this offect i ? JWtyrf, That (he pie
Hideiit of the United States be ^etpteskd to lay
before this hoa?e, snch information a*
possess, which lie may not think impr
communicate, relative, to the dcmanifs
haVo bee u made by tlie government ol
for the ccssion of Iiouisiana." This mot
agreed to. and Mrnsri. Kobei tson olid ?
unpointed a committee to lay the same
tne president. .-JL v.
The engrossed hill to continuo in fu
act laying a duty on bank note* and not
count$l i the trill, luyitig a duty on sui
fined within the V. 8. and the bill to ictl
duties on pontage to their old rates, wer?
third time and passed*
The house went into committee of th
on the remainder of the report of the coi
of Ways anil Moans* The question be
house was ia motion of Mr. Clay, to ret1
direct tax, which motion be withdrew,
moved to limit the direct tax to one yeai
war agreed to; Mr. Hardin moved U
the direct tax laws altogether^ which wn4
od bv Mr. Conner. The committee ro
out taking the question.
On motion of Mr. 'Moore, ^of 8. Cr 44 It
That the committee on tlie post office a
roads ho iiiNtructed to inquire into the e;
cy of establishing a post road from <
J*. C. by the way of Ifarrisbuittt fihelii
adder's, fund's Ford and LewUvllle,to
C. II. 8. C.f* \
On motion of Mr. *ftyl<jr, (8. C.)44 1
That the committee oh tlie post oflice n
roads b<> instructed to inquire into th
diency of establishing a post rout from
villo C. H.8.C. to Snartanbui#, in sail
The house resolved itself jnto a conn
whole on tlie revenuo subject. Then
ing undor consideration* Xtandol j
about four hours against til* direct tat a
nernal taxation generally. Jlefore he
cd the committee rose.
FOREIGN NKWft.
PKOM fham;k.
The brig Corn, captain Joseph' Kitcl
rived at Navannnh, Jan. 27th, ill .15 da
Liverpool? bringing London paper* to
of December. 'Fliese paper* contain Pa
<o the 12th of December ? thev are fill
the treaty and convention# relative to 1
concluded between Franco anil the All
the proceeding* on the trial of Marx!)
and M. Lavalotte. Hentence wan pro
agaiu*t the former on the 6th nit. and
into execution on the next day. On th
Noy'ti execution, the duke of "llichclien
king'* name proposed n law of amnio
this law, the kind's ordinance of the i
is to be executed relative to all iudividn
prised in the first article of It. ? Those
ed it) the second article are to quit Fi
tiro month* after the law.
j "A terrible commotion took place at Ni
the fouth. of France) in which the com
of ?h|i city* general Legarde was kille
doorppf (ho churches were forced o
lie functionaries grossly inau
Parh, the object of whfth i* to rccKflim
election of the preseut king and erown
Sweden and the restoration Gu*tavus 4
The MornlfigChranlck states, on the
ty of what is called " a source of high i
bility," that the congress of Vienna had
the restoration of the deposed Jtlng, and
decision has been subsequently conllrni
assembly of the great powers at Pari*.
TWAL OF MAIHHAI. NKY,
Court of Peer*, l)sc. 5. ? Several de
were heard in favor of the accusal.
D^vbuWt W as called in and requested 1
coUfifceV to state what was, the ^nxc lio
prOvfrio;tnl government attached to the
tide of the convention of July .1 1 but ti
t ion was objected to by tbe Kihg'iatto
nerat. . Marshal Key Immediately sa
declaration was so protecting that 'it .?
that I relied. Without it. Is it to be I
that I would not have preferred dying r
hand P It in in contraolction to this caf
that 1 was arrested, and it was on the
that 1 remained in France." Two or
th?r witnesses having been heard on tit
of the convention, the court adjourned
Hilling of lite* 6v? M. Berryer ente
the defence of Marshal Key, and liavi.
e<l to the convention of the 3d July, In
terrUnted by the attornay-gencral, on
that the military convention was the
foreigners. On these grounds, he said, t.
commiiiioncrs required, 1st. for the
dignify, which would be wounded by gi
comditcncy to a treaty concluded by tli
of a pitrty of rebels f 3d. from respet
rule* of a criminal proce**, which do in
objections to be brought forward after t)
t Ration and pleadings are terminated t
because there exist* on thi* Hiibject a <
the court-?' 14 that the defenders of the
lie formally interdicted front availing flu
of the convention of tfie fld of Jftily, a
reading it in the defence of tho accused
president acceded to those ideas of th
ney.gencrul, and stated, that he him*el J
in virtue of Id* discretionary power, It
posed the introduction of {his objects
now interdicted the defender* of the!
from making any me in their pleading
pretended convention of the .Id July, 1
M. Duiriu (advoi ate for the accu*e'd) j
to state tlmt the tnar*htd wan not on'
the protection of the Vrenuh law*, If
that of the law of nation*. The t real
&4)th of November, hat Heparatcd H
the country of trie marphid froyt
Frenchman, therefore, is thu marslia
heart, ho is no longer a Frenchman
treaty. Machal Noy, much afluita
I vehemence, exclaimed, ^yen, I atn
man, and will tlio a Frenchman ! t
rellciicy to hear what I have to My.
I the rest fmm a pa per. ) * Hitherto I
|h*?hc?n Ate \ I perceive il ls t-\M