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vf: 'i ' I''-. 7' Hi If X. 1 1 1 1 : 5 j ; Norti-Vardlina State emmtmmmm'. ' ; . '. - - i ' -' - ' ' ' - f .- r3.-:v,.-' -h- ',::,-:H.i 1 DEBATE . ' ' ' it the Sc&tc 9fthe U- Suite t, on the eribjtct if tie Territory H'ett the Ferdidtt Dee. 27. j Tbc Bill M declaring the Uwi now in Force in j the Territory of Orleans to extend to, and; hive full force and effect to the Uier Ter-j diJo, pursuant to tbe treaty conciuueu ai Pari on the 30th April 1803 and for b ther purposes'beinp under coiuide ration; and the quttion being- on iU pasaage to third reading, Mb. POPFwMr- PrciidmV, I regrtt that the honble ChAirjmn ol the Com mittee, who reported this bill, i no' berei to ritc it ihtt supper: hich his talents and information, and the import ance of the subject, authorised us to es occt. Hi absence has de?..Wed on me- SS a mcmutr OX lac rarnnmicx mi representatiTc Trm that part ot the U ninn motr immediately interested in aubicct before us, to explain to ihe Sc- - mm I 1. V. . .1 nate some ot tne Rrounus wuu.ii nu them to make thU rerr. t Tu fi important qucvion which tbe proclama- tioa ol-thc rresKient anq;ini5 mn prt- sent for consile ration. is, whether or col the United Saes hareap '"d i lc to the territorr in cfues'ion. B. fore 1 x.4mine the tiea'Tof cession frtm France to the United Statr s, of 1 803, the source of our claim permit me to en quire what were the JimUs of Louisiana In 'hat quarter to which this subject leads us, before the treaty and cetion ol '62-3 between France Spain and G. B iiaii. On this subject, however, I believe there is no contrariety of opinion Before period I.cuisiina extended eat of the . . . . - Mis&isMppi to the ferciiao. i r nct and S; an,by thetreaty of i719,est bli h ed this boundary between Jrtorwa, now called Ecst Florida, and Lou1iar.d. Th ancient limits of Louisiana have b- rn so fuV.v ascenained by the t!ocumei ts lard before Congress at differ n iimi -, ind thr nuroetous discussr ns the h ject has undergone, I hat 1 should o ly wasie the tim- of the Senate in atu min ing to throw any new light on it, I shall only refer thr Sender to one addition evidence, that this river was the ancitn eastern boundary of this province. M r. Smollet. in his coniinuatior. of HumeV hisinry of Elngland, sta'es the answfr ct the Bri:ih government to thr propor tion made by hc French Rovernmen. for pccc, early in the year 1761 ; fion hich it appears that France then claim ed tle river Pcrdido as their eastern li mit, nor does this fat t appear tf havi been contested by the Btithh Minister. It appears' that previous to I he war which teimtnated in 1763. i.misiana compre hended nearly the whole coun'iy water ed by the Mississippi and i s bran. hes. I find it seated in a pamphlet published at Ntw.Yo-l that France, -by a secrc crsMon, contemporaneous with the tn a ty called th fani-Iy compact of 1761 transferred this country 'o Spjin, lo n -duct her to become hr 41y in th- wr against Grejt Bitain ; indaltho I ca fir d no Evidence ( to support this sa'e mert. yrt the tven' of that war, pre-vi ut to that pr.riod. rendrts i at leas-. poh -ble. It will be rem.mbtred that tht amis of Grr. t-Britaio h.id tumphet' over th-e of France both by ? a anc . - T U...I 1..- I . .. . , iinu rrancc uu iu wwj .h j ercut nun bet of hi r ships of r ; Spain vvs .ot then a paity in tht , and to induce her to become so. it setm pro bab!e that Frnce, under the pn ssurr o adverse fortune, ceded to her this pro vincc. Hut as this statement does m correspond with tht documents on out tahles,nnr the wewscf othert who have examined thi subject, we- are compvtl-1 to taU it f-T grai.ted, hat the 't S'i.n of "s' L'.tiibtsna, with the UlanU N.Orltant.to Spjln,andof Es.: Lout ana, since called West Fio.ida, o Grc lhiuin, wtrc made at thr same '.imc, ir the yesr 62. It is, however, well known. that Trance made tjie ccnshjIi to Gica Brita'iTt atthe instance and for the bene fit cf Spain, to enable her, with the ces sion of Honda (now called Kat-FIorida) to obtain a restitution of Cuba. Tht whole of Lcuis'una, not conquered b G Britain, may with propiitty be &Ui to have been given up reeded to Spain. Let os now exjmine that part of the treaty of cession oetwtenthe U. Staler ui.d Franc of 1803, which relates ti tlii ((uestion. By that .tieaty we 8c quired Louisiana as full, and in ihe sam manner as it bad been 'acquired b France ftom Spain, in virtue of the ire, ty ofSu Udcfonso of the 1st of October, lsoo. By ?his treaty, Spain had 'rt: tio. tdrd Louisiana to France with 'M jOkc extent it then h-d in the band&'ol Sain, and tbkt it had when Frauce pos sessed it, and nich as it should be after ihe treaties subsequently entered into between Snain anr other states.' That his extract from that treaty is correct c-nnoi be doubted, as it ha nevrr been denied by Spain. The: vord retrocede In thi treaty has, I believe, occasioned more doubt with regard to the meaning ot inis cestion man ai y expression con trirxd in it, but cannot when the sub ject is properly txsmintd. have the ef fect contended for. It i said that as France cededto Spain, in 1762. Lcuisia ivj Wrst of the Mississippi, including the Island of New-U leans ; tne wnra retrocede must limit the cession to what had been previously ceded by trance to Snain but if it be true that the whole of Louisiana E.stand West of Ihe M s sisiippi, was reded to Spain in the year 1761. alhugh Last Louisiana was at terwnrds ceded by France with ihe con sent of Spain to Gre t-Britain, the w-irri retrocede might with propriety be used wi h reference to the original grant Jo Spain in 1761. or if, what will not bs de nied, the cession of East Louisiana to Great-Biitain ov France, was at the in stance, and for the benefit of Spain ; Spain, in 1300, after she had acquireo EaM Louisiana alias West-Frond a, called by Great Britain after 1763,coul.' well say to France, I re grant to you what ycu ctdnt tome, and on my ac count, or at IvaM so much as I can re grant consistent with the treaties I havt since made ; and this. seems to be thi olin and evident meaning of the instru ment. If the parties had meant to con fine the retrocession to tht limits of the cession mode by France to Spin, ol Louisiana West of the Mississippi in lutling the Island f New Orleans ther w uld have usrd lh? same description, i'hey wr.u'd certainly have stopped a! trr saying the extent it then had in th hands of Spain but to prevent mistake r misconstruction, they add 4 that i had when France possessed it and what is still mote conclusive of the meaning of the parties, they go on to say and such as it should be after thr treaties subsequently .entered into b.; iretn Spain r.nd other t a esf A Spain had never entet t-d into any treat . wh regard to tht Western boundary of Louisiana, and ss tz only treaties to which the parties could '"have alluded, was that of 1783 with C. Britain, and of 1795 with the U. States, both i-rlaiivt . limi s on the East side of the ?l issis sippi, it s pertectly cltartht the con- trHrtiog partes meant to c;mpiehend whatever of liiisiana n he tst suit f the Mississippi Spain had a title to. If the construction I tonuncl for is not ddmitied, tlu-n tht lutur pat of the dc .-.cription will luvc no ttTect, contra, y io j settled principle ot law and lommon ensc hat every part of an insirumen shall have t fleet, if it can by any reaso nable construction, To strengthen tre nstructioo for which I insist it may ni.t be amiss to consider the views of h? Fr nch governmet't at the time this treaty of St Ildefonso was made They no dcub' a quired this province with an inte .ion of n kn -g it, and it was an ob j c; of 'ionl ptide, to regain as much as practicable i iht colonies which had rttn l-s under tbe old government, ntsid.s they could not be ignorant of he importance of East Louisiana now Wt --Florida," to the security of New- Orleans; ana as the practicability ofob taining it at that time from Spain, can not be doubted, the presumption is irresis able, that the cession w: s intend d to embrjee it. I had intended to have scertaincd at the Department of State, he ground of objection with Spain, ft. inc surrender of that country, to the U. S;ates, but have not made the enquity. I do not however think it difficult to ac count for the conduct of Spain. My conjc cture is, that France after she had sold Louisiana to the U. Stales and re ceived the price stipulated, secretly ad vised Spain not to surrender it, having : at that time formed the project, which '. he is now attempting to execute, of ac quiring the' whole Spanish Empire ; her merest was therefore ideniifitd withthat of Spain, and she no doubt was willing o unite with Spain in giving the most i mi ted construction to- tbe cession to the U Slates. 1 find that. Congress, iy an uct passed on the 24th ofFebrua y 1804, have , solemnly asserted our right to this Territory, and authorised the President to take possession ,ff it, and to establish' a port of entry, Sec. on the Mobile, whenever he should deem it exped'ent. The time when, and cir rumatancts under which tbistsp should be taken, were submitted id the UiKrcj tinn of the Executije.-I may be per mitted to ask why,; T we had no title to this "Territory , the president was urged to take possession j force, ahd cen sured for not doing ly If my recolec' tion is accurate all parties agreed we ought" to have the lountry ; they only differed as to the node of acquiring it. The President, ipfjienced by that poli cy which hais hitherto guided Ihe pre sent adminisration,f avoiding making this nation a party inhe present Euro pean w?ri in the extTtse of the discre tionary power. vested in him by that act, did noi hirk proper to sttz- upon it by force, but to wait for the occurrence of -vents to throw it into our hands with out a struggle. The expediency of taking possession of this Territoiy cannot, it appears to me, admit of a doubt. Il tht Prt sir!- nt had refused or hesitattd to meet the wishes of the people of Wesi-Florida, by extending to them the protectibn of the American government and they had sought security in the arms of a foreign pover, what should we have heard? tie would have been charged with im becility and fear of incurring responsi bility. He would hae been denounced as unworthy of the stati n his country had assigned him. Let it be remem bered, that the Orleans country is our most vulnerable: part retime from out physical foice a climate more fatal to our people than thr sword of a victori ous enemy ; and that an enemy in pos session of Wrst-Florida can"viih great tacility cut off New Oil ans Trom the upper country. If the fortunate mo nr?nt had not beta seized, this province would havt xfa Itn itiio tie hands of a foreign power ; or, if time hud been gi- v-n for intrigue toanatu f itclf,another Burr plot would piobabiyfcave risen from the ashes of the first, more formidable ;c the integrity of this empire. Burr, like Archirmdes, fancied that if he had a place to stand upon, a place beyond the ju'isdiction of the U. S to rally his tol lowers, he could ovcriuin the govern ment II: has, it i true, Bed from the frowns of at indigent country. But he was no. alcne. Let an oppo tui.i y he affoid.'d, ancja thousand Burrs would hiow '.ff ht mh$k aid point their arms against the Fcdeibl Union. On a sub j. tt of such Interest! it would have been criminal in those appointed .o watch o- ver the national safety to huve hesitated. I was surprized to hear this pi Oct dure pronounced arobbtry and making war. Why lmu!d our sympa hies be awuken td in favor ot Spain? What claim has tne Spanish government upon our mo (ieiuion and forbeaiance I What has been her conduct ? From ihe moment we became an independent nation she has been intriguing to separate the west ern country from the Atlantic S ates She hjs made at different periods, ar0 as late as the yt-ar 1797, in violation of her treaty bl 179a wilh this courtfty, di rect p'opositions to tb westtin ptop e to secede from the Union, and to accon. phsh h r object she has at lc st atttmt ed the use of means the most corrupt. What has been her conduct since we acquirtd Louisiana ? If I am cotrectly informed, our deserters and slaves who have taken refuge in West-Florida in many instances have not been surren o red, and enormous duties have b en imposed on our vessels navigating the Mobile. Under these provocations, suf ficient to have drawn upon them from al most any other nation a decl&ra'ion ot war, qur government, influenced by that policy which has hitherto regulated its course towards foreign nations, excrci sed patience and forbearance : and since the late revolution In Spain, I believe it will not be pretended that this govern ment has manifested any disposition to throw our weight into the scale of France against the Spanish party. Opr government has taken no step in rela tion to West Florida until compelled by a regard to our own safety. The,Exe cutivt , in the procedure under conside ration, has used language the most con ciliatory, and on the face of his' procla mation given a pledge that" this go vernment will' at anytime enter into amicable negociations'on the subject of our elainr to this territory, if it shall be disputed, .r-':' . . There . are . other at least plausible grounds upon which this till as an ori ginal proposition might bew upport'ed entirely independent of, the cession. Spain' is indebted to us a large amount for spoliations committed prt our com merce ; and as, there is no vernmeht at present tow-rds which the ordinary proceeding ' r j payment, could we not,' on the principle ot the attachment law, .as. an act of self justice, seize jon this territory to secure satisfaction ?'."' ' .. , ;-j '? As this measure has been emphati cally Cvlltd an act of fobbtrVand war, it may not bef amiss to consider jthe po litical state of the Spanish colonies in relation to the Spanish government in the hands of the Jur.taj;'and the new dy nasty about to be establisbeo by B-jna-parte. It may be said, perhaps that tbe late alienation of the Spanish crown atid thetevolu ion in Spain h ve dissolv ed the tie which connects them wilh the mother count ryj; 'On this; point I will not detain the Senate. ; If the French armsshall be successful it. Spain, of which I believe feiy entertain much doubt, and the Junta shall be driven from Old Spain to any of the colonies, their political character mut cease, nd tht y can, no longer claim the exercise of any jur sdiction or sovertigr-ty over the co lonies. The colonies ere not bbundbi gether by any politic b -nd, unconnect cr with 'the mother country ; they are subject to the mother coumryyjbut the momtnt she is conquered they are at liberty to prov'de for (hemstlvt is Unless, indeed, the emperor of trance tpr King1 Joseph can claim them. France in an official expose,' Sc King Joseph, by proc lamation, have declared their willing ness that the colonies should become in dependent, -provided they do not con nect themselves with G. Britain. If France therefore shall, which Is proba ble, conquer he mother country, we are fully authorised by her public dt clara lion to the world Unacquire, wi'h the cpnse -t of 'he inhabitants, no: only West but Eust FI prida. Cuba, cr any tjthf pro vince which we shall deem it expedient to connect with ihe U.' Stat s 1 his bill may be jusiified, independent of t'e, by the law of ; self-preservation. H,-Ve we any assurance that the Spanish go vernment will maintain their neutrality in this territory, if we should be involv ed in a war with either France or Q- Bri tain ? Can thty, or will theyi prevent the match ot an enemy's forres through that territory, into the U. States ? No si -We have every reason to eXp'eqt the contrary, j Considering how vulne rable we are from this territory, its pre sent stale, and the aspect cf our foteign affairs, it appear to me that we are au thorised to take possession of it as a meavure of ni;ional security.; Il may bt objected that taking the propertof others by force tends to relax the morals of the fjeopje .by destroying that! cnteriop of right and wrong, the ohcervance of which is necessary to the puri y of our republic ; and I am -ready to admit that we ought to . proceed upon this princi ple of necessity and txpediency with gieat call4 ion, and never to set upon i' but in tx'rt me and evident case. Had we a colony f n the coast cf Ehglai d or France, similarly situated,' we know they would'j not hesitate. When we reflect that obr properly is seiz.d by' al most every nation j that the. laws and usages of nations !aie disregarded by , nearly alliEurope f that their conduct hash, en lately -marked with a degree of ' perfidy and rapacity unexampled r, the history of the cjydized world ; that they have in : facti become States of Barbary ; it appears that we ought not, as jrcgards tnem, to. be over nice ' or squeamish upon -questions 'of thU sort Shall we sit here .with ourarms folded tifttil tbe enemy is at our gates ? If we wasfe our time in discussion arid. rtfin ing abstract questions of ;right" and wrong, we shall lose our independence and we shall deserve u. I hVd ' hoped this bill would have passed witho'ut much debate ; I know the people are tired of long speeches and documents. This fondness for lengthy; discussiens . has even drawn upon Congresthe teproabh es of the j ladiesfhey begin to' say less' talk,' more action. 1 - j , "Debate to be Continued J A -; THOMAS HACKETT, BOOT -AND SHOE MAKbRi ' Green Street. Fayetteviue, ,,J " j - v f -- -;.":;' ... - : . -: --T.y 'T'AKES.the liberty to inform h.s Customers, K and tbe, Public infeetteral, that be has te? E . 3 b - i . . . . I ' :. . ceived from Philadelphia, a general assortmenr 9i reamer, wmcn isequai, ir not superior tf any in this place which he' is rriakine tu b th neatest manner, and newest fashion, anu thinks it un necessary cto say thing' about the work, as it is welt knoWtt; $j .'A ' ;?-.''t" .N; B. .Wanted MnirKdjatelvw from four t six je7URNEYMEN, who; areqod worl roen, to whom constant employ mexu and gt - nerouswage'i-wiJl be given.:, j'l."s:T.v. 't Cash erven1 for: Shoe Thread of roo4 ctiilnv : B OC UXM ENTS i 1 'kf:'"- fHere follows Mr. Pinknevs letter to tonl Wellesley, on the subject of Mracksorifa insultingdemearior, with lrdWeiisleyre piy thereto Vwhfch were pblished iu the, Ra leigh Register, hi June ast.J VA -"". ' Mr. Pinkney to ifr. Smith, W' Sir In a short letter of the 2d; in st. , by-Mrv John WIacei lrj packet, I hi d the honor io acknowledge the' reteipt,-;on" thel. st'Jastbit (bf'-J Dt . Login) of your leUers cf the20thl of January and the 1 6th of: febfua y, and to inform you that -1 had, in const qu nee, ac i appointment ;tri mt'Lord Wellesley on th'-thirdir!. V At the interview whielr took place in pursuance of that aprinjThejBtv; ex ! plained to; Lord WeUesIef ihlnatbre of the powers nowcbnridtd io meV and ' as -far. as wasfiecessaiyi Weabiet's to V which th- y related., The: resnlt rthe conversation which sued, )Vas ari qn dersianding that we should begin wjth an attempt tov settle the affafrpf the Chesapeake,: and that attempt; being successful, that We should proceed to consider next, the sul)ject of ihe orders in council, and lastly, the cjrm'nierciaL and other concerns, embraced by t he commission of-1806, to Mr. "Monroe and myselk : " - ii" :i---.V l: - In conformity with this nnderstahdihgr it was agdrthat I shopld immediately- V follow uiy the conference with anote s king rhyuthoritv to adiust with the British government the cae fofvthe ' I ChesapeL.ie and I have accordingly prepared ;.nd sent to Lord Wellesley the letter, of which a topy is enclosed I have not since heard from his Lord shipd woiriLpf course, it now belongs to makej; proposals. ' :';St:-- .. ' It wiInlgiIiiist, be thought, that my letter, vhich isrsimply antofficial noiification in civijjteimof inypqwe to itceive ai-d attttfot&o J astlmgovtlrtfrnert goes too iarv.tgiif:t PS. Apii 9tfi.;fl have just feceived from Lord WelU siey a note, of: which, . a copy is enclosed; inviting me to a ccfh-" fere nee on Thursday ncxVv (tig 1 f?; h) '' doubtless on the affair of the CHesaV peake. ; , ' Mr Pininey to Lotd Welttsley i Great Cumberland tlace vvirhour date il My Lord I have the honor to tpite to your Lordship, in1pfnrh1ilVU'h ': my verbal explanationsijrt ircenrbn-f-rence, that lrnf authonscU to adjust with his Majesty's vtriirnent, the case f the attack onheerl&niirigare; Chesapeakef in the mouth of June, 1807,- uy me Driiisp snip, r Leopard. i It will give me 4 ticere pleasure ta communicatei with your LLorrishtp' 6n this intert sting subject irVsufch manner as shall be thoqt best cajculateo to lead to a fair and honorable aflrVngtment -Of it, prep oatory toHhrrestdration of kindness ahd benecTal'inicoiins be tween the tyfoounrries. I 1 1 I-s Lord miteityto Mr Pt niney. -''ThrMaria$is-WdlnW complanents to Mr. Pinknt y.v and Will be happy to hav the honor of t steing him, at the Foref6fnc!,; Thursday next, at 2f P. M. if tUattfiour alidi suif'lliscOrivenknce&Ii - v ". ': " ' f. 'V' tfj ;,t i- .-; .:" - Mr. ' Sir I haverwopbndfltcti thought it necessaryto prepare "a later io lord WellrreciS Ministers official stat inait tcerral Armstrong, of teditkAioh which he Berlin decree v Woufd be recalled ; and inquiring t whether thefe: exis$ Wny objection, on the part of;t1it British go ve rnment, '? to a revocation cyior pre cise declaration that ihv oM nn innw. .. . - Z " T ," IIU IWiKkl. answer tb f this lette? vhim wniens : wisn to converse jVu lrd Wellesley before I deliverH ill not ;ipfobiiyer h vei S iri the mean tirrtpk snt'Mr"T -tV T lrf WlOvivn : lottjc-Vcr tf nnMr 'ft ! Jy. -.'V mil i'- -.mm mm m H-:r.-r . - A i mn 4 7 m .So-iv. hhfh j- . I- : I ;;.iHpB: E i: ' ... vite v--, . :: j-. - i fmrm :...'"v.! .' g'cin In pursued loobuih t.??: ; jl - u - J 1 . . . - : : , -.. :-. - 1 -T..
The Weekly Raleigh Register (Raleigh, N.C.)
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Jan. 17, 1811, edition 1
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