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tions. A gentleman who heard the Irish orator || luxuriance and verdure, which dazzles less but Malone, when grown old and feeble, said, that || charms more. Unless Mr. Pinkney varies his man“ his eloquence was .ocean in a calm.” Another || ner, and becomes more natural, I think the public replied, had you heard him when young, you had will become weary of his perpetual affectation of thought it ocean in a storm.” Yes, said a third, the same things.—This uniformity does not indi" and whether in a calm or a storm, it is among the cate a genius of the first order, which alternately most beautiful phenomena of nature.” To apply | awes by its terrible force, and charms with its tenthis simile to Mr. Pinkney, his eloquence is too der persuasion; which is sometimes a trumpet of constantly tempestuous. It is not improbable how- war, inspiring courage or striking trepidation; and ever, on the supposition that he continues his ex- then a shepherp's hom, before the first breath of .ertions with unabated ardor, that though now past morning has shaken a leaf of the forest, the hills the middle age of life, he may hereafter exhibit a re-echo its mellow notes, the streams unite their greater variety of beauties as the ocean subsides, | soft murmers, and all nature responds to its thrilthan he has ever yet done in the loudest tumult of ling vibrations. its waves. Those billows which are ever blaek with impending tempests, may, when the winds of evening have dispersed the clouds that darken the
FOREIGN mid-day sky, form a combination of beauties, of foaming summits, of azure sides, lighted by rays
THE HOLY LEAGUE. of a descending sun, and shaded by intervening acclivities of water, altogether composing a pros
We shall now present to the public, a document peçt more lovely, though it may be less sublime. no less singular, than important. The three great Boisterous as he now is, we are exhausted by his potentates of Europe, the emperors of Austria, and of vehemence, and implore a respite from painful Russia, in confederacy with the king of Prussia, have wonder, in simple admiration or softer pity. But the inexorable champion spares neither the timidsolemnly recognized the christian religion, as the antagonist, nor the impatient hearer. He perpetu- only binding law amongst princes. They express ally defies the one, and exacts the homage of the their determination to make this law their rule of acother. Had he fit subjects* to occupy and task tion both as men, and as monarchs. They invite all his splendid abilities, he would be an overwhelming reasoner, and a powerful declaimer. As I have christian princes to join this confederacy, assuring heard him, there is an almost ludicrous contrast them of a welcome and hearty reception. Whether between his gigantic strength, his impetuous rage, these potentates will be enabled to act upon this his Homeric diction, and the comparative insigni-solemn determination, to the full extent which they ficance of his subject. This intemperate fury of Diomed, this positive love of battle, which no
evidently contemplate, yet remains to be seen. It consideration of subject or place can curb, is not is manifestly their intention to discourage the arbi. prepossessing, though it may be chivalrous. Ontration of the sword in the controversies of indepen. the contrary, this arrogant and strutting manner, while it“ denotes the aspiration of his mind,” nerer
dent nations. To act up to the full extent of their fails to alicnate the hearts of his hearers, however || determination, such controversies must be referred he may dazzle their imaginations. In the midst of for adjustment to a friendly and neutral power, who his brightness there is no warmth: his speeches will be perfectly disinterested in the decision which though finished, are elaborate; and, in truth, bis whole style, matter, and manner, are too studied, he forms. If either party refuses to abide by such and artificial. His ornaments are sometimes mis-|| a decision, he will have all confederated Europe placed, and have always too much the appearance in arms against him. Such a formidable confedeof preparation. Indeed, paradoxical as "seem, Mr. Pinkney, with his violent manner, his racy will render resistance hopeless. It is much to vigorous thoughts, his animated metaphor, is often the shame and scandal of civilized and christian naa cold, and sometimes even a repulsive speaker.ftions, that this mode of deciding their controversies This is entirely the effect of affoctation, which is, has not long since been adopted. That there should in every forn, universally displeasing. Unless one has been so long accustomed to it, as not to
be no mode of appeal but the sword, in the controperceive iis existence, as is already the case with || versies of independent nations that sovereigns inany of Mr. Pinkney's more devoted adinirers. I should be allowed, at their free will and pleasure, This circumstance gives a real orator the power of modifving public taste to his own standard,
to shed the blood of their subjects—that there which, we leain in the dialogue on oratory some should be a law, which protects them in their per. times attributed to Tacitus, but more generally to sons and property, when their rights are invaded Quinctili..n, Cicero did. If Mr. Pinkney's eloquence should become an object of imitation, his by their fellow subjects—but none to restrain their followers should er:deavour to unite more feeling sovereigns from sacrificing them by thousands, at to his beautiful declamation. His exhibitions put once presents a phenomenon, equally true and inone in mind of splendid winter scenery, of forests and mountains glittering with sleet, very brilliant || credible. It never seems to have entered into the to the eye but cold to the feeling; while, in Mr.) imagination of statesmen, that the greatest danger Emmet's we see a summer's prospect of natural to a subject is from his own covereign : that the
Crkeit enim cum amplitudinem rum vis ingenii, nec quisquam prince when fascinated by the glare of false glory, clartım & suvenit. Non opinor Demosthesiem orationes illustrant quas adver: leads his people to the field to be sacrificed-and Quinetius deferasus aut lacinius Arelins faciunt: Catilina & Asia that he who can boast of the greatest number of & Verres & Antonius hane illi famam circumdederunt
1 (Dc. Ore!. Dial. c. 37.
human corpses wins the proud character of a con-|| aid, and support; and regarding their subjects queror. It has been said indeed that independent and armies, as the fathers of their families, they
will govern them in the spirit of fraternity with nations acknowledge no superior, and what is the which they are animated, for the protection of inference! It is plainly this, that the sovereigns of religion peace and justice. these countries are emancipated from all the bonds Arr. II. Therefore the only gorerning prin. of human nature. They claim the liberty of lead-ciple between the above mentioned governments
and their subjects, shall be that of rendering re. ing thousands and tens of thousands to their death, || ciprocal services; of testifying by an unalterable whenever in a wanton freak, they deem it expedi- || beneficence the mutual affection with which they ent to sport with the blood of their subjects. ought to be animated; of considering all as only This state paper does not bear the signature of the members of one christian nation, the three
allied princes looking upon themselves as dela. sovereigns, who have adopted these ideas from mo. l gated by providence to govern three branches of tives of caprice. They are monarchs who have still the same family; to wit: Austria, “Prussia, and all the miseries of war; who have been made fami- Russia': confessing likewise that the christian na
tion of which they and their people form a part har to the sight of smoking hamlets, slarved vila- have really no other sovereign than him to whom ges, and remnants of men halting from the field of || alone power belongs of right, because in him alone butile. They are deeply and awfully impressed are found all the treasures of love of science and
of wisdom; that is to say God, our divine Saviour with truths so momentous. We have been led to
Jesus Christ, the word of the most high, the word hope that this paper is preparatory to a great and of life. Their majesties therefore recommend, beneficial chinge hereafter to be brought about in with the most tender solicitude to their people as the condition of m:n; that these allied monarchs the only means of enjoying that peace which
springs from a good conscience and which alone in conjunction with all other christian kings, and is durable, to fortify themselves every day more potentates; will be able to frame an amicable mode and more in the principles and exercise of the of adjusting controversies between independent
duties which the divine Saviour had pointed outkingdoms and states.
Art. III. All powers which wish solemly to profess the sacred principles which have dictated
this act, and who shall acknowledge how imporTranslated for the Boston Daily Advertiser.tant it is to the happiness of nations, too long dis.
turbed, that these truths shall henceforth exercise In the naine of the Holy and Indivisible Trinity. upon human destinies, all the influence which be.
Their majesties, the emperor of Austria, the longs to them, shall be received with as much king of Prussia, and the emperor of Russia, in readiness as affection, into this holy alliance. consequence of the great events which have dis
Made, tripartite and signed at Paris, in the year tinguished, in Europe the course of the three last
of our Lord 1815, on the 14th (26) of Seps years, and especially of the blessings which it
tember has pleased divine providence to shed upon those
FRANCIS, states, whose governments have placed their con
FREDRIC WILLIAM, fidence and their hope in it alone, having acquir.
ALEXANDER. ed the thorough conviction, that it is necessary
A true copy of the original. for insuring their continuance, that the several
ALEXANDER. powers, in their mutual relations, adopt the sublime truths which are pointed out to us by the St. Petersburgh, the day of the birth of our
} eternal religion of the Saviour God;
Saviour, the 25th of December, 1815. Declare solemly that the present act has no other object than to show in the face of the uni. verse their unwavering determination to adopt for the only rule of their conduct, both in the ad.
ST. PETERSBURG, Jan. 13. ministration of their respective states and in their The following is the manifesto which his impepolitical relations with every other government, | rial majesty, published on christmas-day. the precepts of this holy religion, the pre- “ By the grace of God, we, Alexander the first, cepts of justice, of charity and of peace, which emperor and autocrat of all the Russians, Sc. here. far from being solely applicable to private by make kn in. life ought, on the contrary, directly to influence
“ As we have seen from experience and from the the resolution of princes, and to guide all their | unhappy consequences that have resulted for the undertakings, as being the only means of giving whole world, that the course of the political relastability to human institutions, and of remedying tions in Europe, between the powers has not been their imperfections.
founded on those true principles upon which the Their majesties have therefore agreed to the wisdom of God in his revelation has founded the following articles.
peace and prosperity of all nations. Art. I. In conformity with the words of the “ We have consequently, in conjunction with holy scriptures, which command all men to re- their majesties the emperor of Austria, Francis the gard one another as brethren, the three contract. first, and the king of Prussia, Frederick William, ing monarchs will remain united by the bonds of proceeded to form an alliance between us, to which a true and indissoluble fraternity, and considering the other chistian powers are invited to accede, in e.ich other as co-patriots, they will lend one another which we reciprocally engage, both between ouron every occasion, and in every place, assistance || selves and in respect to our subjects, to adopt as
the sole means to attain this end, the principle vote of the two houres, upon the bill concerning the drawn froin the words and doctrine of our Saviour convention to regulate the commerce between the Jesus Christ, who preaches not to live in enmity and territories of the United States and his Britannic hatred but in peace and love. We hope and im- majesty. plore the blessing of the most High; may this sacred union be confirmed between all the powers, for their “The committee appointed on the part of the general good, and deterred by the union of all the house of representatives, to confcr with the comrest, may no one dare to fall off from it. We ac.
mittee of the senate, on the subject of the disacordingly subjoin a copy of this union, ordering it || greement of the latter, to certain amendmenis to be made generally known, and read in all the proposed by the house to a bill from the scnate, churches.
entitled "a bill concerning the convention to re“ St. Petersburg on the day of the birth of our gulate the commerce between the territories of Saviour, 25th December, 1815.
the United States and his Britannic majesty," " The original is signed by his imperial majesty's with a view to guard against misapprehension, to own hand.
give greater precision to discussions of the con“ ALEXANDER.”
ference, and to reduce into as narrow a compass as possible, the points of difference between the
two branches of the legislative body, have deemUKASE.
cd it advisable to submit to the committee of the From the emperor Alexander, to the committee for the house in its determinations, in the shape of a
senate, the reasons which have governed the clerical schools in Russia.
written communication. Having approved of every thing that the commit. “ It is not to be concealed that the disagree. tee for the clerical schools, in their report of the ment between the two houses, has originated in a 27th of that month, (August) have laid before me, question in relation to their respective constitu. I consider it necessary to explain my own views tional powers; but the committee of the house of respecting the edų ation of those who are destined | representatives is not without a hope, that the difor the church. As in the first academical courseversity of opinion on this interesting and impor. of the college of Alexander Neffsky, which is now tant question, is not so material (at least in its concluded, tcachers have been trained for the cler: | operation upon the specific subject before the le. ical schools, in the districts of St. Petersburgh, and gislative body), as at first view it might appear. Moscow; it is my wish, that the committee may Without entering upon an extensive inquiry in direct their attention not only to these newly train-relation to the treaty-making power, the commita ed teachers, but also to the schools themselves; that, tee will venture to define, as accurately as they in the fullest sense of the word, they may be form- can, the real line which at present divides the ed into schools of the truth. The true enlightening of contending parties. It is of less importance to the mind, must be produced by that light, which ascertain how far they have heretofore disagreed, shineth in the slarkness, and the darkness comprehend- or may hereafter differ, than to discover what eth it not. By following in every instance, this light, it is precisely that now divide them. those who are learning will be directed to the true "In the performance of this duty, the commit. course of knowledge, through the means which the tee of the house of representatives are inclined to gospel displays to us, in the most sublime, (beauti-hope, that it will sufficiently appear, that there is ful) simplicity, and the most perfect wisdom; say- no irreconcileable difference between the two ing, Christ is the way and the truth and the life. Let branches of the legislature. then the sole object of these shools be, the educat- “They are persuaded, that the house of repreing of the youth to active christianity; on this may sentatives does not assert the pretension that no be founded all those instructions which are requi- treaty can be made without their assent ; nor do site for their future destination, without fearing ile they contend that in all cases legislative aid is misleading of the understanding, which will then be indispensably necessary, either to give validity to subordinate to the light of the supreme being, a treaty, or to carry it into execution. On the
I am convinced that the committee for the cler- contrary, they are believed to admit, that to some, ical schools, will (imploring the Lord's assistance) | nay many treaties, no legislative sanction is reuse all their exertions to accomplish this end, with-li quired, no legislative aid is necessary. out which no true benefit can be looked for.
“ On the other hand, the committee are not less (Signed)
ALEXANDER. satisfied, that it is by no means the intention of
the senate to assert the treaty-making power to be Loxton, Feb. 8.
in all cases independent of the legislative autho. The transport Seahorse, has been wrecked near | rity. So far from it, that they are believed to Tramore. She was returning to England with the acknowledge the necessity of legislative enac!. 59th regiment, which had been engaged in the bat-|| ment, to carry into execution all treaties which tle of Waterloo. Twelve officers, 262 soldiers, 14 contain stipulations requiring appropriations, or sailors, 30 women, and 48 children, were lost--only which might bind the nation to lay taxes, to raise 32 persons were saved.
armies, to support navies, to grant subsidies, to create states, or to cede territory ; if indeed this
power exists in the government at all. In some PUBLIC DOCUMENTS.
or all of these cases, and probably in many others,
it is conceived to be admitted, that the legislative THE TREATY QUESTION.
body must act, in order to give effect and operá
tion to a treaty; and, if in uny case it be necessaReport of the committee appointed on the part of the ry, it may confidently be asserted, that there is no
house of representatives to confer with the commit- || difference in principle between the houses--the lee on ihe part of the senate, on the disagreeing ll difference is only in the application of the princi
ple. For if, as has been stated, the house of re- pear to have approximated in t! eir opinions, ind presentatives contend that their aid is only in some that, as far as can be discerned, the senate are cases necessary, and if the senate admit that in disposed to act upon the priuciples that have been SONE cases it is necessary, the inference is irresis- | suggested. They allude to the passage of the tible, that the only question in each case that pre- || bill in qu estion by that body, in its original sents itself is, whether it be one of the cases in form : an act which manifests unequivocally the which legislative provision is requisite for pre-conviction of the senate, either that the late conserving the national faith, or not.
vention does require legislative aid to effectuate " This appears to the committee to be by no its provisions, or that in doubtful cases they means an unimportant point gained. Its influence ought to lean in favor of legislation. upon the feelings with which the two bodies will * Both houses having thus united in the opinaturally approach questions of this description, nion that a legislative act is necessary, the senate may be of no trivial consequence ; for, as every having clearly assented to the propriety of pass. case, according to this course of reasoning, woulding a law, the committee wave any argument on appear to rest upon its own foundation, there is the necessity of a legislative act. It only remains less danger of its being drawn into precedent, to consider whether the scheme of the house of and, therefore, less occasion for solicitirle in re representatives, or the bill of the senate, is best gard to it. It is a view of the subject therefore calculated to effect the object of legi lution. The calculated to harmonize, and to enable us to yield committee will succinctly offer the reasons, which, at all times to the application of another princi- as they believe, support the correctness of the aple, which the committee deem of the utmost || mendments of the house of representives. consideration on all such occasions.
“ The first amendment proposed, is to strike “ The committee allude to the principle which out the word “declared,” the insertion of which, inculcates the propriety of always taking care, if in the enacting clause of the law, has not appear. we do err, to err on the safe side. Should con- ed to the house to be justified by the usages of gress fail to legislate where legislation is necessa- the legislative body. The committee are not at ry, either the public faith must be broken, or, to liberty to dirine what may hav, been the reasons avoid that evil, the executive branch of the go- which prompted its insertior, and until those reavernment must be tempted to overstep the boun- sons shall be detailed by the committee of the daries prescribed by the constitution. If, on the senate, if indeed the use of the term originated in contrary, congress should legislate where legisla- any particular motive, they do not feel disposed țion is not necessary, the act could only be drawn to enter at random upon their examination. It into precedent in a case precisely similar ; be- forms, in their estimation, a sufficient objection to cause, upon the principle assumed, “ that each | the phraseology alluded to, that it departs from rests upon its own cirumstances," it never could the accustomed style of the acts of the congress serve as a precedent, save where those circum- of the U. States. stances are the same. Nor is it, indeed, unim- “ The second amendinents consist in a substi. portant to mention, that there is little danger of tution of provisions, in some detail, for the genemuch respect being paid to precedents, upon ral and indefinite terms of the bill from the segreat constitutional questions. Conscience will nate. The committee will suggest the following always burst the trammels of precedent, unless deficiencies in the bill, which are believed to be restrained by reason.
supplied by the amendments. “ The committee, therefore, believe, that it is “1. The original bill from the senate is defccsafer, in every doubtful cuse, to legislate, and by tive, because it wants a commencing clause ; for the joint act of the whole congress, to give autho- | though it be true that a commencing clause is not rity to the execution of the stipulations of a trea. | always necessary, yet it is certainly requisite ty by the executive, than to leave a doubtful case, where an act is intended to have a retrospective without the sanction of the legislature, to tempt operation. If this act, then, be necessary at all, the executive to overleap its proper bounds, or to it is as necessary that it should operate on cases endanger the public faith by a failure to perforin that have happened heretofore as hereafter ; but the provisions of a treaty which has received al without a commencing clause (such as is introconstitutional ratification. The very case under duced into the amendment) it cannot operate on discussion may furnish us with an instance. The cases which have happened since December 220, senate believe legislation unnecessary. The house and before the act passes. Here then is one deregard it as indispensable.. What is the opinion ficiency that it has been attempted to supply. of the president ? Should, he believe a law ne. “ 2. The original act has no clause of limitation. cessary, and should no law pass, he would be re- It amounts to an actual and permanent repeal forduced to the alternative of breaking the constitu- ever of the acts in conflict with the treaty, instead tion or the treaty. He must either set at nought of operating as a suspension or repeal of them the supreme law of the land, or jeopardize the during the term of four years, as stipulated by the national faith and the national peace.
convention. Here then is a second defect, which " It is of importance too, to consider that if the it has been attempted to supply by the amend. legislative body, from the considerations above ment. suggested, should legislate in every doubtful “3. The committee believe it most advisable, case, there would in all cases be less danger of a in legislating upon the subject of this convention, former proceeding being drawn into precedent ; that the act should be less general in its phraseoso that the committee are sanguine in the belief, || logy than the bill, as it originally passed the se. that whilst such a course is calculated to avoid nate. Instead of a general declaration, that “all difficulties, on the one hand, it has no tendency acts contrary to the convention should be deemed to increase them on the other.
to be of no effect," the house of representatives “ The committee perceive with satisfaction, have supposed it more advisable to adopt provi. that on the present occasion the two houses ap-sions more definite and specific. It has been sup.
posed, indeed, to be peculiarly necessary in the or impairing the force, of the legislative act; present case : for, as one of tlie reasons which ap- that they have been introduced into previous acts peared to them to induce the necessity of a law, of congress; that no agreement could take place was founded in the supposed legislative discre between the two houses, without permitting thern tion to produce the stipulated equalization, ei. to remain, your committee consented to recomther by raising American tonnage and duties, or mend to the house to recede from the first amend. taking off the additional tonnage and duties from ment to the senate's bill, and to agree to the fol. British vessels, it appeared to the house, and docslowing modifications of it, in the place of the a. also appear to the committee, that the legislative mendments previously adopted : provision should, on this subject be less general, Line 2d, after the word "act,” strike out the than the bill passed by the senate. An act mere- words “or acts as is," and insert these words, ly repealing all laws in conflict with the conven- “as imposes a higher duty of tonnage or of impost tion might leave to construction what ought ra- on vessels, and articles imported in vessels of ther to be ascertained by law; and the house and Great Britain, than on vessels and articles import. its committee have not, therefore, hesitated to ed in vessels of the U. States. prefer what was most certain, to what is least so. Line 4th, strike out the word “shall” and after
“Because, therefore, the bill from the senate the word “be," insert the words “ from and afappears to the house, and to this committee, de- ter the date of the ratification of the said convenfective, in wanting a proper commencing clause; tion, and during the continuance thereof." in the omission to limit it to a period of four years, in conformity with the convention ; and in the want of a sufficient certainty and definite provision ; and because a term has been inserted in
IN SENATE.-February 26, 1816.
Mr. King made the following report : the enacting clause unusual and unaccustomed in the acts of this legislature,
The conferees of the senate have met and con“ The house of representatives and this commit- ferred with those of the house ot' representatives tce prefer the bill, as amended, to the bill in its on the subject of the disagreeing votes of the two original form, as passed by the senate."
houses upon the bill entitled, " An act concerning The committee of the senate declined pursuing the convention to regulate commerce between this mode of communication, as unusual, and call the territories of the U. States and his Britannic culated, in their belief, rather to defeat than to majesty,” and report, promote the object of the conference, an agree. That the conferees of the house of representament between the two bodies on the subject of tives commenced the conference by stating that dispute. Willing, however, to consider the of the treaties made in pursuance of the constitustatement after it was read, as if made in the or- tion while some miglit not, others may require dinary formi, they proceeded to explain the opi- the enactment of laws to carry them into execunions of the senate on the points of difference. tion ; and considering the convention with Eng.
Without attempting to follow the course of the land as a treaty of the latter kini, the conferees of observations pursued by the committee of the se- the house of representatives made the following nate, it will probably be deemed sufficient to state, objections to the bill passed by the senate ; the general impression made by them.
1st. That by the addition of the word “declar. Your committee understood the committee of ed” to the usual forinula, instead of a bill of posithe senate to admit the principle contended for tive enactment, it assumes the form of a declaraby the house, that whilst some treaties might not tory law. require, oliers may require, legislative provision 2d. That the bill is defective, because its comto carry them into effect.
mencement is uncertain. That the decision of the question, how far such 31. That it is defective, because its duration is provision was necessary, must be founded upon uncertain. the peculiar character of the treaty itself. As to 4th. That it is furthermore defective in respect the late convention, the immediate subject of con- to the cqualization of duties; it being uncertain troversy, the senate doubted whether any act of whethcr, for this purpose, the native duties are legislation was necessary, but since it was deem- to be raised, or the alien duties abolished. ed important by the house that an act should be The conferees of the senate did not contest, but passed, they had no objection to give it their admitted the doctrine, that of treaties inde in sanction-provided a precedent was not establish- || pursuance of the constitution, some may not, and ed binding them hereafter to assist in passing law's, others may call for legislative provisions to scin cases on which such doubts might not exist. cure their execution, which provision congress, in
With these views, on the part of the senate, all such cases, is bound to make. But they did their committee proposed such an alteration of contend, that the convention under consideration the bill of the senate, as would obriate the seve-requires no such legislative provisions, because it ral objections urged by your committee, except. | does no more than suspend the alien disability of ing that which was suggested to the introduction British subjects in commercial affairs, in return of the words and declared,” in the enacting for the like suspension in favor of American citi. Clause. The retention of these words was con- zens; that such matter of alien disability fulls sidered by the senate expedient, with a view of within the peculiar provila : of the treaty-power giving to the bill a declaratory, as well as an en- to adjust ; that it cannot be securely adjusted in acting form. It was said also, that they were not any other way, and that a treaty duly made, and unprecedented, they were to be found in the acts adjusting the same, is conclusive, and by its own of congress not declaratory in their nature, and authority suspends or removes antecedent laws might be considered as not affecting the charac- that are contrary to its provisions. ter of the present bill. Believing that these words That even a declaratory law to this effect is are mere surplusage, not changing the character, matter of mere expediency, adding nothing to the