luxuriance and verdure, which dazzles less but charms more. Unless Mr. Pinkney varies his manner, and becomes more natural, I think the public will become weary of his perpetual affectation of the same things.-This uniformity does not indicate a genius of the first order, which alternately awes by its terrible force, and charms with its tender persuasion; which is sometimes a trumpet of then a shepherp's horn, before the first breath of morning has shaken a leaf of the forest, the hills re-echo its mellow notes, the streams unite their soft murmers, and all nature responds to its thrilling vibrations. FOREIGN. THE HOLY LEAGUE. tions. A gentleman who heard the Irish orator || Malone, when grown old and feeble, said, that "his eloquence was ocean in a calm." Another replied, had you heard him when young, you had thought it "ocean in a storm." Yes, said a third, "and whether in a calm or a storm, it is among the most beautiful phenomena of nature." To apply this simile to Mr. Pinkney, his eloquence is too constantly tempestuous. It is not improbable how-war, inspiring courage or striking trepidation; and ever, on the supposition that he continues his exertions with unabated ardor, that though now past the middle age of life, he may hereafter exhibit a greater variety of beauties as the ocean subsides, than he has ever yet done in the loudest tumult of its waves. Those billows which are ever blaek with impending tempests, may, when the winds of evening have dispersed the clouds that darken the mid-day sky, form a combination of beauties, of foaming summits, of azure sides, lighted by rays of a descending sun, and shaded by intervening acclivities of water, altogether composing a prosWe shall now present to the public, a document pect 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 timid solemnly 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 tasktion 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 arbiprepossessing, though it may be chivalrous. Ontration of the sword in the controversies of indepen. the contrary, this arrogant and strutting manner, dent nations. To act up to the full extent of their while it "denotes the aspiration of his mind," never fails to alienate 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, his whole style, matter, and manner, are too studied he forms. If either party refuses to abide by such and artificial. His ornaments are sometimes inis- a decision, he will have all confederated Europe placed, and have always too much the appearance in arms against him. Such a formidable confede of preparation. Indeed, paradoxical as it may 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. tions, that this mode of deciding their controversies This is entirely the effect of affectation, which is, has not long since been adopted. That there should in every form, 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 its existence, as is already the case with versies of independent nations-that sovereigns many of Mr. Pinkney's more devoted admirers.should be allowed, at their free will and pleasure, This circumstance gives a real orator the power to shed the blood of their subjects--that there of modifying public taste to his own standard, which, we learn in the dialogue on oratory someshould 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 Quinctilian, 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 endeavour 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 credible. It never seems to have entered into the and mountains glittering with sleet, very brilliant 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 sovereign: that the * Crescit enim cum amplitudine rerum vis ingerü, nec quisquam prince when fascinated by the glare of false glory, clarum & illustrem orationem efficere pret st nisi qui causam parem juvebit. Non opinor Demosthenem orationes illustrant quas adver- leads his people to the field to be sacrificed-and sus tutores suos composuit: nec Ciceronem, magnum oratorem P. Quinetius defensus aut Lacinius Archias faciunt: Catilina & Aso that he who can boast of the greatest number of & Verres & Antonius hane illi famam circumdederunt. [Dc. Orat. Dial. c. 37. aid, and support; and regarding their subjects and armies, as the fathers of their families, they which they are animated, for the protection of will govern them in the spirit of fraternity with religion peace and justice. ART. II. Therefore the only governing prin human corpses wins the proud character of a conqueror. It has been said indeed that independent Hations acknowledge no superior, and what is the inference! It is plainly this, that the sovereigns of these countries are emancipated from all the bonds of human nature. They claim, the liberty of lead-ciple between the above mentioned governments and their subjects, shall be that of rendering reing 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 the members of one christian nation, the three This state paper does not bear the signature of allied princes looking upon themselves as delasovereigns, who have adopted these ideas from mo.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 nation of which they and their people form a part lar to the sight of smoking hamlets, starved vila-have really no other sovereign than him to whom ges, and remnants of men halting from the field of battle. They are deeply and awfully impressed with truths so momentous. We have been led to hope that this paper is preparatory to a great and beneficial change hereafter to be brought about in the condition of man; that these allied monarchs in conjunction with all other christian kings, and potentates; will be able to frame an amicable mode of adjusting controversies between independent kingdoms and states. Translated for the Boston Daily Advertiser. In the name of the Holy and Indivisible Trinity. Their majesties, the emperor of Austria, the king of Prussia, and the emperor of Russia, in consequence of the great events which have distinguished, in Europe the course of the three last years, and especially of the blessings which it has pleased divine providence to shed upon those states, whose governments have placed their confidence and their hope in it alone, having acquir. ed the thorough conviction, that it is necessary for insuring their continuance, that the several powers, in their mutual relations, adopt the sublime truths which are pointed out to us by the eternal religion of the Saviour God; alone power belongs of right, because in him alone are found all the treasures of love of science and Jesus Christ, the word of the most high, the word of wisdom; that is to say God, our divine Saviour of life. Their majesties therefore recommend, with the most tender solicitude to their people as the only means of enjoying that peace which springs from a good conscience and which alone is durable, to fortify themselves every day more and more in the principles and exercise of the duties which the divine Saviour had pointed out to us. ART. III. All powers which wish solemly to profess the sacred principles which have dictated this act, and who shall acknowledge how important it is to the happiness of nations, too long dis turbed, that these truths shall henceforth exercise upon human destinies, all the influence which belongs to them, shall be received with as much readiness as affection, into this holy alliance. Made, tripartite and signed at Paris, in the year of our Lord 1815, on the 14th (26) of September. FRANCIS, A true copy of the original. ALEXANDER. St. Petersburgh, the day of the birth of our ST. PETERSBURG, JAN. 13. Declare solemly that the present act has no other object than to show in the face of the universe their unwavering determination to adopt for the only rule of their conduct, both in the administration 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 precepts of justice, of charity and of peace, which far from being solely applicable to private life ought, on the contrary, directly to influence the resolution of princes, and to guide all their undertakings, as being the only means of giving stability to human institutions, and of remedying their imperfections. Their majesties have therefore agreed to the following articles. emperor and autocrat of all the Russians, &c. here"By the grace of God, we, Alexander the first, by make known. "As we have seen from experience and from the unhappy consequences that have resulted for the whole world, that the course of the political relations in Europe, between the powers has not been founded on those true principles upon which the wisdom of God in his revelation has founded the 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 a true and indissoluble fraternity, and considering each other as co-patriots, they will lend one another on every occasion, and in every place, assistance proceeded to form an alliance between us, to which the other chistian powers are invited to accede, in which we reciprocally engage, both between ourselves and in respect to our subjects, to adopt as 1 vote of the two houses, upon the bill concerning the convention to regulate the commerce between the territories of the United States and his Britannic majesty. the sole means to attain this end, the principle | drawn from the words and doctrine of our Saviour Jesus Christ, who preaches not to live in enmity and hatred but in peace and love. We hope and implore 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 confer with the com rest, 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 itgreement of the latter, to certain amendments to be made generally known, and read in all the churches. "St. Petersburg on the day of the birth of our Saviour, 25th December, 1815. "The original is signed by his imperial majesty's own hand. proposed by the house to a bill from the senate, entitled "a bill concerning the convention to regulate the commerce between the territories of the United States and his Britannic majesty," with a view to guard against misapprehension, to give greater precision to discussions of the conference, and to reduce into as narrow a compass as possible, the points of difference between the two branches of the legislative body, have deemsed it advisable to submit to the committee of the senate, the reasons which have governed the From the emperor Alexander, to the committee for the house in its determinations, in the shape of a "ALEXANDER." UKASE. clerical schools in Russia. written communication. Having approved of every thing that the commit- "It is not to be concealed that the disagreetee 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 constituI consider it necessary to explain my own views tional powers; but the committee of the house of respecting the education of those who are destined representatives is not without a hope, that the difor the church. As in the first academical course versity of opinion on this interesting and imporof the college of Alexander Neffsky, which is now tant question, is not so material (at least in its concluded, teachers 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 commit 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 darkness, 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 commitcourse 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 fal) 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 educating of the youth to active christianity; on this may be founded all those instructions which are requisite for their future destination, without fearing the misleading of the understanding, which will then be subordinate to the light of the supreme being, I am convinced that the committee for the clerical schools, will (imploring the Lord's assistance) use all their exertions to accomplish this end, without which no true benefit can be looked for. (Signed) ALEXANDER. They are persuaded, that the house of representatives does not assert the pretension that no treaty can be made without their assent; nor do they contend that in all cases legislative aid is indispensably necessary, either to give validity to a treaty, or to carry it into execution. On the contrary, they are believed to admit, that to some, nay many treaties, no legislative sanction is required, no legislative aid is necessary. "On the other hand, the committee are not less satisfied, that it is by no means the intention of the senate to assert the treaty-making power to be in all cases independent of the legislative authoThe 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 enact59th regiment, which had been engaged in the bat-ment, to carry into execution all treaties which tle of Waterloo. Twelve officers, 262 soldiers, 14 sailors, 30 women, and 48 children, were lost-only 32 persons were saved. PUBLIC DOCUMENTS. contain stipulations requiring appropriations, or which might bind the nation to lay taxes, to raise 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 or all of these cases, and probably in many others, it is conceived to be admitted, that the legislative body must act, in order to give effect and operation to a treaty; and, if in any 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 tee on the part of the senate, on the disagreeing difference is only in the application of the princi THE TREATY QUESTION. ple. For if, as has been stated, the house of re- pear to have approximated in their opinions, and 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 principles that have been SOME 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 question by that body, in its original sents itself is, whether it be one of the cases in which legislative provision is requisite for preserving the national faith, or not. form: an act which manifests unequivocally the conviction of the senate, either that the late convention does require legislative aid to effectuate its provisions, or that in doubtful cases they ought to lean in favor of legislation. "This appears to the committee to be by no means an unimportant point gained. Its influence 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, would ing 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 solicitude 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 legislation. 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 representatives. 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 appearwe 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 divine what may have been the reasons avoid that evil, the exccutive branch of the go- which prompted its insertion, 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 tion 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, unimportant to mention, that there is little danger of much respect being paid to precedents, upon great constitutional questions. Conscience will always burst the trammels of precedent, unless restrained by reason. "The committee, therefore, believe, that it is safer, in every doubtful case, to legislate, and by the joint act of the whole congress, to give authority to the execution of the stipulations of a treaty by the executive, than to leave a doubtful case, without the sanction of the legislature, to tempt the executive to overleap its proper bounds, or to endanger the public faith by a failure to perform the provisions of a treaty which has received a constitutional ratification. The very case under discussion may furnish us with an instance. The senate believe legislation unnecessary. The house regard it as indispensable. What is the opinion of the president? Should, he believe a law necessary, and should no law pass, he would be reduced to the alternative of breaking the constitution or the treaty. He must either set at nought the supreme law of the land, or jeopardize the national faith and the national peace. "It is of importance too, to consider that if the legislative body, from the considerations above suggested, should legislate in every doubtful case, there would in all cases be less danger of a former proceeding being drawn into precedent; so that the committee are sanguine in the belief, that whilst such a course is calculated to avoid difficulties, on the one hand, it has no tendency to increase them on the other. "The committee perceive with satisfaction, that on the present occasion the two houses ap || "The second amendments consist in a substitution of provisions, in some detail, for the general and indefinite terms of the bill from the senate. The committee will suggest the following deficiencies in the bill, which are believed to be supplied by the amendments. "1. The original bill from the senate is defective, because it wants a commencing clause; for though it be true that a commencing clause is not always necessary, yet it is certainly requisite where an act is intended to have a retrospective operation. If this act, then, be necessary at all, it is as necessary that it should operate on cases that have happened heretofore as hereafter; but without a commencing clause (such as is introduced into the amendment) it cannot operate on cases which have happened since December 22d, and before the act passes. Here then is one deficiency that it has been attempted to supply. "2. The original act has no clause of limitation. It amounts to an actual and permanent repeal forever of the acts in conflict with the treaty, instead of operating as a suspension or repeal of them during the term of four years, as stipulated by the convention. Here then is a second defect, which it has been attempted to supply by the amendment. "3. The committee believe it most advisable, in legislating upon the subject of this convention, that the act should be less general in its phraseology than the bill, as it originally passed the senate. Instead of a general declaration, that "all acts contrary to the convention should be deemed to be of no effect," the house of representatives have supposed it more advisable to adopt provi. sions more definite and specific. It has been sup Line 2d, after the word "act," strike out the words "or acts as is," and insert these words, "as imposes a higher duty of tonnage or of impost on vessels, and articles imported in vessels of Great Britain, than on vessels and articles imported in vessels of the U. States. posed, indeed, to be peculiarly necessary in the for impairing the force, of the legislative act; present case: for, as one of the 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 them 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 fromment 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 aalso appear to the committee, that the legislative mendments previously adopted: provision should, on this subject be less general, than the bill passed by the senate. An act merely repealing all laws in conflict with the convention might leave to construction what ought ra ther to be ascertained by law; and the house and its committee have not, therefore, hesitated to prefer what was most certain, to what is least so. "Because, therefore, the bill from the senate appears to the house, and to this committee, defective, in wanting a proper commencing clause; 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 the enacting clause unusual and unaccustomed in the acts of this legislature, Line 4th, strike out the word "shall" and after the word "be," insert the words "from and after the date of the ratification of the said conven tion, and during the continuance thereof." IN SENATE.-February 26, 1816. "The house of representatives and this commit-ferred with those of the house of representatives tee prefer the bill, as amended, to the bill in its original form, as passed by the senate." The committee of the senate declined pursuing this mode of communication, as unusual, and calculated, in their belief, rather to defeat than to promote the object of the conference, an agreement between the two bodies on the subject of dispute. Willing, however, to consider the statement after it was read, as if made in the ordinary form, they proceeded to explain the opinions of the senate on the points of difference. Without attempting to follow the course of the observations pursued by the committee of the senate, it will probably be deemed sufficient to state, the general impression made by them. Your committee understood the committee of the senate to admit the principle contended for by the house, that whilst some treaties might not require, others may require, legislative provision to carry them into effect. That the decision of the question, how far such provision was necessary, must be founded upon the peculiar character of the treaty itself. As to the late convention, the immediate subject of controversy, the senate doubted whether any act of legislation was necessary, but since it was deemed important by the house that an act should be passed, they had no objection to give it their sanction-provided a precedent was not established binding them hereafter to assist in passing laws, in cases on which such doubts might not exist. on the subject of the disagreeing votes of the two houses upon the bill entitled, "An act concerning the convention to regulate commerce between the territories of the U. States and his Britannic majesty," and report— That the conferees of the house of representatives commenced the conference by stating that of the treaties made in pursuance of the constitution while some might not, others may require the enactment of laws to carry them into execution; and considering the convention with Eng land as a treaty of the latter kind, the conferees of the house of representatives made the following objections to the bill passed by the senate; 1st. That by the addition of the word "declared" to the usual formula, instead of a bill of posi tive enactment, it assumes the form of a declaratory law. 2d. That the bill is defective, because its com mencement is uncertain. 3d. That it is defective, because its duration is uncertain. 4th. That it is furthermore defective in respect to the equalization of duties; it being uncertain whether, for this purpose, the native duties are to be raised, or the alien duties abolished. The conferees of the senate did not contest, but admitted the doctrine,, that of treaties made in pursuance of the constitution, some may not, and others may call for legislative provisions to sccure 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 obviate 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 falls sidered by the senate expedient, with a view of within the peculiar provin 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 are mere surplusage, not changing the character, That even a declaratory law to this effect is matter of mere expediency, adding nothing to the |