il.
lZVrrJ$ .publi$hed?(w
From the Untied State? Gazette
AFFAIRS IV lTk SPAltf.'
THE awkward and embarrassed situati
on in which this country has been placed,in
relatioqto Spaing has excited much attenti
on in every part of the ; unionand has in
duced us to attempt a recapitulation of some
of thV leading - acts ; of bur administration,
srhich have contributed to bring us into this
In the yearl802;a convention was ne'jto-1
minister iur.; rmcaney, jin wniciv it was
stipulated, on the part of Spaiflf that rcsti- I
tuiiqn snouia oe raaae to our mere nants
for spoliations committed on our commerce
fey ttM Spaniards, during the last jrarOne;
condition of the convention, was that it
Should be ratified, on the part of the Uniu
e'd State's. WltA fAw tonw. ' Having I
becn'duly signed, it was immediately sent
to the president of the United States. The
first that was publicly, known of the exist
eftce ot this convention; so interesting to the
cbm thcrce of pur country, was about , the
middle of November last and then, Strange
jr it iflajrseem to thoserwellrsed in:
the secVetS 6f democracy, not divulged by
the govern merit btii. through the medium
of IhU Gazette, -Having learned (not from
an. cas'terd senator, as has been asserted in
one of Mr. Jefferson's printsj but directly
from Enrobe) that such a convention exist
ed and had been kttot a profound secret by
the administration': lor'twelve monthsj we
called loudly upon the igoVernment to lay it
before the senate that it might be acted up
on, and that our-sulTcring merchant might
know what protection. the ere to expect
from the government. After a great deal
of prevarication and contradiction o'nthe
part of the governmental prints, ope day de
nying that any convention had be&i negoti
atedvbetween the two 'powers ndth'eri;
affirming that though a convention had been
negotiated, it related meVely to the limits
of territory," and had nothing" to do twith
tommere'ex; on the thif-dr confessing; tHat
wch f convention as We described hid Beth
executed in Spain and sent to the president
and attempting to justify ? his iicondjjct in
withholding .i a hole year from the Senate
and the country j then denying that it-had
been withheld, and declaring that it had,
more than a year before; been laid before
the senate and actually rejected by thefede
falisia, who were then a minority in that
body ; aftefr all this scandalous . and impu
dent prevarication, which felled Mr. Jeffer?
ions papers for months behold 1 just be
fore the close of the last session of congress
forth came the identical convention, which,
by the magick wand of democracy, had so
often been earned throthe various f states
of nonexistence, rejection ; &c he', now ac
tually ratified by.the senate the federal mi
nority to the contrary notwithstanding. It
was now promulged with great pomp,' as a
proof of thafuardian care; which our go
vernment is ready to exercise for the pro
tection. of commerce, and was returned to
Spain for a ,finalechaige of ratifications.
But mark the sequel. ; It had been kept In
the pocket of the president till longaftcr the
twelve, mouths oriirinallY stipulated had ex-
' piredaud till after congress hail authorised
wic presment to estaonsn one or more ports
on the river Mobile, within the territory
claimed by Spain, .That court now refused
to ratify Uie convention, aliedging, that, af
ter such a lapse of time, they had supposed
the United States had abandoned the claim,
a;nd as the latter ndw manifested a dispose
tioq ta make encroachments upon their ter
litory, they, would enter into no further ne
fotutions on the subject of claims until o.
ther matters in dispute should be previous-,
ly adjusted.- Heitheaffair ref ts,,and it is
Supposed that pur minister baa already left
that court in dispair of being able to bring
about an accommodation. y:;r'f:y ':rh't-j
That out reader mavW ahlf the more
x-fully to comprehend the whole of this sub
let, and to judge hoW far. the conduct of
vur own government has been censurable,
we wui nere briefly recapitulateiwhat'we
tiadiirsund to have been fhe Darticular steos
ta'CCB kv the administratiouwhile the con
Ventibn rem'aiotd a staff serrrt. -V " ".
: : 1 hat convention, as has alreadv been men-
tioned, came into the possession of the pre,'
idenvduring the session of congreas before
thc,last. -losUad:of laying it before the
aenate, which is a constituent part ot the
treaty-making-power, as we presume his
ity required, he1 merelt consulted ctrtain
iavorite individuals of that body, who, it
seems, were of opinion that more ought to
be demanded from Spain "than was tipulat?
ed for : naraelyy. that Spain should make re.
stitiition for American, property taten by
French cruiscts and carried into Spanish
ports, t The,, 'convention imade provision
only, forthe baymenlt of clai ms x founded on
captures by anarj themfielves,y. In this
situation an ordinary politician. Wfluld have
thoughOt.best to make sure of what was of
fered, bccepting the convention, and, in
the mean time, instructing our.niinister to
commence aiegotiationreladve to the other
iuDl4J9nr msepnealought .otherwise';'
and verjrsageTy. concluded to teepi this tori
tenfion a profound secret, until that paragon
of diplomacy, 'MP; f mcke, aHoutdeithif
flatter; or frighten the Spanish court int6;a
compliance with their whole demand. This
iourserasactOrdinriy tJursued t Pinckney ;
commenced ms operations : me jppanisn
Dons refused to comply : our goveriment;
when too late; concluding to maxe.aure of
what they could get, ratified the convehtiqn
as it stood originally; and had the, mortifi
cation of oeingr told that it would not be a
jgreeable td he Spanish court to hear any
thing further Upon the subject ? so that our
jdbtred merchantej wW for the
money of which they have been plundered,
will ha ve ' abundant leisure to contemplate
and admire the wisdom and profound poli
cy of Aa democratic Ad ministration. : The
remainder of the story may be told after we
shall have had time 16 pay fifteen hnilliont
of dollars for Louisiana, and then to con-'
quer the territory. . 1 - .
jl 'Wje cannot dismiss the subject without,
calling the attention of our readers to the
article below, which is published in the Phi
ladelphia Gazette of the irth Sept. and in
the Aurora of the lBth. We consider it as
coming, decidedly, from ah official source,
land' may therefore be relied upon, as con
taining the real demand's which the Spanish
court makes oh our government. From the
circumstance' of our minister havihe left
that .courts we-may. presume 'That our go
vernment determine not to comply with the
demands i and it Is Hardly to be etpected
that Spain will consent to relinquish :her
ckim td a territory to which she : conceives
herself entitled:-Time alone can. disclose
the' consequences. --' ' - y-. ' '--v.-
Tron the'.
iladclphta Gazette. .' ,''
Although a thick Veil appears to cover us,
yet the iartictdars of our , existing differ
ences witn .toe voun 01 iuaana 11 1 noi
difficult to guess by a combination of pre
vious events, and a comparison of what has
been lately published, that the heads or points
of oar misunderstanding have, beet pretty
correcuy siaiea in some 01 tnc v prgmi p-.
pers, and in two or three of thse edited in
this city, 'hse accounts cohnected With
the verbal mTormition obtained from ah
American gehdeman lately from Spain, will
afford us materials enough to venture a few
observations on a subject so important to
our country. 1 In this inquiry we will not
loose sight, that jus tice should be the basis
of our political proceedings, as more con
genial to the principles which have hitherto
honored our -. Nad on; i and in reality more
calculated to promote our true interest auc'
happiness. . '--r--ii-.-.u
It would appear as if Spain would refuse
to ratify our last convention With her, whose
principal object was to compensate these of
our citizens and, her subjects who in; the
course of the last war had suffered injuries
contrary to the laws of nations, without our
previously assenwng w mc iwiywtug
positions. :;'.;.vK- ; 'i'-h- r--'St?'?
, First, that time be allowed to give notice
to their subiects of the' Convention,' which
has not yet been dorie ;'as they ooneidered
totally abanaoneo oy tne American government.':---"
::?' ':?T"y:yy y:y '
f Secondly, that the article relating to priz
es carried into Spanish, ports: by French
cruizers be totally expunged, and all claims
uponihiSpamj
count be forever relinquishedi - -,v ytr
;s Thirdly, that'thiB act of thel O. States aui.
thorising the President to establish one or
more ports on ihe fivcir lobilebe immedf
The first of these propositions cannot be
considered as a very important one; but in
as much-as it appears to be grounded on
strict justice 4 The Conventiori Was stgned.
in 18X32, and seat over for its ratification,
which did not take place on our part till to
ward the last period of- the last session of
congress. What the motives Were with oar
go vernment toiieUy the ratificadoa for near
two years, it is not our'intentiovto investi
gate, butt whatever was the cause of it; it is
but too true, that there has been oh out side
such a procrastination in the business so as
to justify on the part of Spain a suspicion of
bur government having given it up altoge
ther. At all events, in such a itate ofun
xertainty, the Spanish administration could
not with, propriety or without running the
risk of committing itself, Send into his Ca
thplick Majetys vast and distant dominions
the! official information which Jin justice1
should precede the meeting of the commis-
sioncrs, jina mis no.i Jiaving uccn uooc 11
appears 'faVjustthat-.-iiw-e.loitou
oxvii rm fot the ratification, a reasonable
one 'may.be allowed in favor of the subjects
of the kihg of Spain. T'y' 'fty
It The most important and interesting part
of the Spanish opposition, to ratifyithe con-
ventipo lays on, the -lecond prqposiuon,
The, expunging . altogether of our claims
for the prizes carried into Spanish ports by
French cruizers, cannot but deeply affect the
finances of some of our citizens ; but let us
not beled astray by pur feelicgs," and let us
proceed to the examinationjof this impor
tant topic, with candor and impartiality.
:$y our last convention with France, we
entirely gave up, and tpithout any limitation,
or modification whatever our claiirts.for the"
iniury received from her, and obtained as
a compensation the advantage of being re-
lieved ot the burthensome ana neavy ouu
gation imposed upon us by the treaty and
convention with Louis the XVI, ;in the
year 1?Y8 : Our demands would nave been
oUiefwise censiderablcy but we - must con
fessi the retributlonras also great, f- This
business thus settled, it is evident we can
not call upon Spain for the injurious re
ceived from France, in her ports & coasts.
VVithoui entering into the examination of
the peculiar situation of Sgain toward
France fkt that period, Spain cannot appear
but as a mere accessary to the offence
Ffance being in reality Ahe frimpal-fnd
having by our last convention relinquished
and . abandoned air our claim,, upon the
French republick, Spain then is tv idently
released fromfall obligation towards lis, in
the same manner that if a creditor was by a
compromise to abandon hia right -over; a
debtor, his bail br'.iTeicuri wo'uhl beconie
ipso facto equally, absolved and free. Many
striking observations could be "made upon
this; 1 shall 'content myself with bringing
forward bne which appears to me to be con
clusive.
' If Spam fould be compelled to make sa
tisfactiPn to.thej'nited States for the inju
ry Which thTtatter has cleased or relin-
auished to France, that release would be
efeittd to every iiseful'purpose, as France
would now be liable to Spain tor the same
damages which it was intended to be dis
charged by the release bf the United -States.
Now, a release as well as evtry other con
tract or engagement implies that nothing
shall be, done by the grante directly er .m-.
diretily to defeat his bora fete intent or ef
fect. If therefore the claim preferred by
thrUhitedtates upo Spain will, if ad-;
mitted ihdirectly defeat the release granted
to France, such claim must be pronounced
to 'be" illegal.,; -"--V-i'-ti7-It
has been pretended, that Spaitf was in
reality the principal aggressor, but this as
sertion totally unsupported, is tow weak to
deserve any notice. The principal aggres-;
sors were those who committed the first act
of hostility, and in, the bases complained of,
it is notorious, Vthat the French privateers
were the first aggressors, the territorial ju
risdiction establishiag but a secondary re
apdnsibility or, properly speaking, a post
yocfunt responsibility.'. ; y : : i
! We will not pretend to the claim of supe
rior information when we shall affirm, that
this business was before tke Senau in the
last session-of Congress; the circumstance
was perfectly known out of deors. and it
was equally reported, that the observations
on the part of the government of Spain Upon,,
the subject, were ofTst and solidity not
to be easily answered or controverted.
! . t t
accuracy and exactness,all the principal and
collateral circumstances, and conceaung tne
teal interested powers by a iubstitution of
alphabetical letters. . The, consulted CivilU
ans, although good and true Americans,
yielded notwithstanding to the inipreasion
ofiruthand justice ; and although belonging
to different political parties, tmanimwsty
declared msojbstanee that the United States
had not, the leant claim upon thd, Spanish go-; ..
yernmehf foi the injurica of the French pri
vatcers. on the coasts and ports of Spain, -after
we"jhadvenlipr; by he! -last con- -
yention wthFrahce, aour rightjtole H
aiyViclaim.fo.'he &enafe jfelt tfie impossi
hility pf the irccpyery j . nothing wait done '
upon the; subject, and it is more than proba'.:
blejt has only been brought forward again
give, tnrpugn.tne means pi this tiesperat
pretehtio"n. Some support to others of i dif-.. t
ferent nkiirei':
JAVO, V XWIJX..Ai " Jt . -w. ;y. I
x-Tail2ditor
but,
PltB.fi la Mat M Mtnr idier. for the tnfoJ?
SIR;
mmoridl which hqv Jkc atreti trpo h ihth'tmt
committee oj ' the State Society tj f tnetHaMi, ondof f
the jfmerksit Rnttfution Hecietylim prutuue of
'isK.Lt:-. l. : i.r: vis....... '-; ' 't -:- ;
Charleston, S.C." Sept. 12804
v., - -, sf.',iiyy.-.k..-'yM y
; Ha viNd been Appointed by the5outh ;
Carolina State Sotietyo Cincinnati, and the
American -Revolotfon'Society, a joint com-
inmeeior QTaugnuqg.anp-circuiaiing a nie- ;
mortal to the Legislature, praying fpr legis
lative ihterferene to restrain the pracdee of ' "
DUBLLiNCwe have agreed on the indesed 7
memorial, and transmit it to you, with our;
earnest rcOjUest trrat y ou would use y oar '
most vigorous exertions to have it general-, ,
ly signedi If is unnecessary to dilate on
the mischievous cbtisequences of nuRLXiNO,
to induce your endeavors to chxck i prac- .,
tice q dishonorable to this state, in which'
it is ouf boast to be governed by laws and
hot by men, The necessity of applying to
the Legislature; cn the subject, is obvious ; -for
it is well knowfvthat the existing laws .
have never brought any Duellist to serious
inconveniences, and there is well founded
reason for believing that diey never can, in ,
consequence of the Weight of precedents to
the contrary. .- Our only alternative, there- -foreVis
to acquiesce in the practice of rjoni
LiKb; or to restrain it by a ne w law. The
difficulties of framing any law, that may af
ford an adequate remedy, to the evil, are
great, but hot insurmountable.. ' - i , s '
It Is not to be supposed mat our Legisla
ture ii less wise than that of. several of our ,
sister states, whose laws have been so opera
tive that In several of them duels are abso
lutely Unknown.- If a respectable number
of the friends of good government, morali
ty and religion, sign the memorial we have
for tuiled, or any similar one the Legisla
ture, ever attentive to the wishes ot their . '
constituents, will enter seriously on the bu-
biness, and we doubt not of their ability to "
frame such regulationSj as will certainly . - - !
abolish the evih 'iA ? '!-r'.'.f ;.V- i";'' ' -' .
Independent of any Jaw whjkti may be ; v
passed, the sentirients of the most respec ; - -v
able part of the community; in oppdsi.ti.on to v-l. i t
PUellikG, declared and avowe4'bai'gngiif;?
the memorial, will have a very beneficial et-'; ,u.
feet. It will tend to correct the public opW ' ' ;
nion, and to restrain all who wish for tpfc
Vsteehrof their feUONv-cltizens, fromengag -ing
in a practice, which the virtue and good
sense of the community have so pointedly
denounced. ": Thesej and many other argu
ments, which must occur on reflection, will
be sufficient to .convince you, that in prpcur-
ing signers to the- memorial," you will do a"
service acceptible to God,,and beneficial to ,
man, We have further to request ydu, to A
forward the, memorial to Columbia, by the
4th Monday in Novem. next, that they may Y- - C,
all be presented together to the Legislature, ,'
on the first day of their meeting ; wheii we
hope for the sublime pleasure of seeing ad 1
abhorrence of duelling pointedly expressed
by maby thousands of our most deserving , 1
citiatns. '. v - '.' '- .' -, ".. " .'- ' "
We afei with great respect, J-" ' .
. - Your most obedient servants, 0
C ' V CH ARLES C. PINCKNEY, ) Cubmittea
' . J ames tqssNfcDY, . V of the -,
?T "T 1 Wtt.T ,1 AM HEAP. - S CinciwwiV
Amons othrcircumataaces whicrr haver
leaked oUt it was whispered that tM Span
ish Ambassador here, had some months be
fore proposed to some of the mPst etninent
Un..,..a in h T7ntA Rtat a theoretical
question upon; tnTObjeposh b!f (
M w aaar .
I'DAVIO RAMSEY; i ' ACommUtM
HENRY W.DE5AUSSORE, .f-the, "
WILLIAM ALLEN DAS, American
- JAMES LOWNDES, I kerfuiioa
5 RICHARD FURMA ) Society. '
many advantages wouldesuTt from
flatinc: the public mind on the inconsistency
ot tne spirit ana principles w wie ymtuvc,.
against which the memoril is levelled; with
the spirit and principles of our holyreligion,
wcearnesdy request, as a particular favor,
that vou would, i at some convenient early
'day, preach a senaoa on'Uic iiaand foDyf
i
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