No. 20.] WASHINGTON CITY, MAY 15, 1819. [VOL. VII Printed and Published, every Saturday, by JONATHAN ELLIOT, at five dollars per annum. Contents of this No. of the National Register. same severe standard; and that, on many occasions, is very inconvenient. The art of speaking well in public, however, is liable to perversion, even in a free country; and ORIGINAL.-Elocution, 305. SELECTED.-Correspondence between lord Cochrane and captain Biddle, 306.-Governor Wolcott's Speech to the Legislature of Connecticut, 308.-Notice to French refugees from St. Domingo, 309.-Bank of England, 309.-in many instances our best orators do not suffiMiscellany-Declaration of Independence first made in North Carolina, 310.-Scotch Literature, Courts, &c. 312. -Sentence of death pronounced upon Jonathan Evers, for murder, by Judge Berrien, 312.-The Jews, 315.American Antiquities, 320.-Letter from general Arm strong to the Agricultural Society of Berkshire, 314.Sketch of the Red River, 314-Singular Explosion, 315.Ancient Medal, 315.-Christmas at St. Petersburgh and Moscow, 316.-Animal affection and gratitude, 31ỗ.—Foreign Intelligence, 316.-Domestic, 319. The American Essayist-No. 1. That elocution should be in high repute in a free country is not to be wondered at. In a government which is mainly influenced by popular assemblies, the talent of public speaking, and of speaking well, will naturally be cultivated. Eloquence grew and flourished among the ancients, almost solely with those people whose institutions were favorable to liberty. In Greece, a crowd of orators marked the period of her freedom and indepence, until the time of Demosthenes, upon whose death the art of oratory began to decline. With the Greeks elocution and liberty expired together. The case was similar with the Romans. The faculty of public speaking had reached the height of perfection in the person of Cicero; and it is worthy of remark, that the murder of that great orator and the usurpation of Augustus Cæsar were cotemporaneous events. The reason of this connexion is susceptible of easy explanation. Among a free people, the citizens are, in a great measure, governed by persuasion, and eloquence is the means by which they are won; whereas in despotic or arbitrary governments, authority and military force are the prevailing instruments by which the concerns of a nation are regulated. Under a tyranny, the expression of liberal thoughts is restricted; orators, in a measure, become hypocrites, and are consequently debased. The mind, like the body, in order to its vigorous existence, requires room for exercise. If it is cramped, it dwindles into feebleness and frivolity. ciently discriminate between logic and rhetoric. There are occasions when rhetoric is wholly out of place; and when, so far from its being applauded, it ought to be unequivocally condemned. The gross and undistinguishing manner in which some of our public journalists pour out their panegy. rics, is at once absurd and disgusting; and their eulogies tend to form in the public mind a very bad taste. These journalists, who, in many cases, are incompetent judges, give, without distinction, the same complexion of eloquence to the harangue of a complimentary dinner, a fourth of July oration, an argument addressed by lawyers to a court, an attorney's declamation to a jury, the pious effusions of the pulpit, and the wide-spreading discourses uttered in our legislative assem blies. What can be more preposterous! As it regards the short speeches which are spoken at dinner parties, it can scarcely be said that they have any decisive character of elocution at all. They are, in a great measure, coldly preconcerted; and, if not preconcerted, are commonly the crude suggestions of minds over-heated by meats and wines. A fourth-of-July oration should always be of ar impassioned cast. The day itself is devoted to festivity; and that always implies the predomi. nancy of feeling over the cool serenity of reason. An argumentative oration in commemoration of the declaration of independence, is like a grave discourse to prove the pleasantness of inatrimony at the commencement of the honey-moon. The advantages of independence are so keenly felt, that it requires no logic to satisfy an audience that they exist; and the object of the orator ought to be, by the most energetic phraseology and the most brilliant illustrations, to induce the minds of his hearers to dwell, with enthusiasm, upon the exploits of the revolution and the transcendent Despots discourage elocution, because the pow-virtues of the great men who achieved it. A er of persuasion among the people thwarts the fourth-of July oration should, in brief, be entirely influence of established authority, causes refiec- rhetorical. tion in the community, and opposes barriers to the perpetuation of governmental abuses. What soever brings the acts of a sovereign to the test of reason, is viewed by him with jealousy, for it compels him to measure his own conduct by the The effusions of the pulpit, from a different cause, ought to be of a similar cast. Of the Deity, and of all things beyond the limits of this world, our knowledge is so imperfect, that human reason is not a suitable interpreter of them. The the excellence of his understanding, and establishes for himself a fair claim to the serious attention of the court and to the approbation of his clients. Gentlemen of the Bar, as well as others, should never lose sight of that great rule in speak rior to the word. If an orator, whatever may be the theme of his discourse, uniformly roars like Phalaris's Bull, or coos like a turtle dove, he must be contented to travel to his tomb in the humble path of mediocrity, and to perish, as to this world's fame, with the herd of common men. sentiment of devotion, moreover, which is a sa- || frequently find attorneys rendering themselves cred emanation of the human heart, is interrupt- ludicrous by the strongest language in trials of ed, and not improved, by logical deductions. the utmost insignificance, often using expressions There are certain great moral and physical truths as highly colored in the settlement of an account, which every one acknowledges without disputa- || or in affair of petty larciny, as in a case of murtion, and which need be only adverted to by a der. It is in speaking on different topics, in the judicious preacher in order to enliven and ele-style appropriate to each, that the lawyer shows vate the fervor of piety. The more a minister of the gospel confines himself to these, the more beneficial will be the effect produced upon his audience. Disquisitions concerning petty doc trinal points tend mostly to create doubts in the mind, and to unsettle the faith of the hearer.ing and writing, to let the thought ever rise supe Pulpit oratory should have a vigor, warmth, and yet a gentleness in it, that would direct the heart to an entire confidence in God, and to a philosophical resignation to the operation of his laws. In legislative assemblies, where human affairs are exclusively discussed, the leading object of every orator ought to be to convince the understanding. The subjects which are there broached are completely within the control of human reason. They relate altogether to the worldly interests of men; and the speaker who can best || explain them, and point out with clearness the relation of these several interests to each other, will be the best legislative orator. Yet it is not meant wholly to exclude rhetoric from the debates of this kind: But logic should always precede it; for the man who warms the bosom before he has secured the judgment, will, in a deliberative assembly, run the risk of being abandoned by the majority in a critical moment. A legislature is not to be wooed like a lady. Calculations of advantage, and not ideas of beauty and glowing conceptions, determine the votes of those who make laws for a nation. Translated from the Ministerial Gazette of Chile, of the 23d of January, 1819. LORD COCHRANE AND CAPT. BIDDLE. The United States' frigate Ontario, captain Biddle, having left Valparaiso suddenly on the 31st ultimo, which, having excited various rumors, we correspendence between the vice admiral of the now publish, for the satisfaction of all, the literal naval forces of Chile (lord Cochrane) and captain Biddle. [New-York Gazette. No. 1. Copy of a letter from lord Cochrane to captain Biddle, dated Valparaiso, December 27, 1818. SIR, I have been much flattered with the visit with which you have honored me, and which I the station I hold as commander in chief of the consider as an honor done me, in consequence of naval forces of the government of Chile. I cannot forget the respect due to you, and will call to see you the first opportunity. The fulfilling my duty to the government I have the honor to serve, is superior to all personIn speaking of forensic oratory, an important al considerations, and I therefore beg permission distinction should be made between an argument to remind you that from the length of time you upon a point of law addressed to the court, and a have been in public service, you cannot have been speech upon the facts to the jury. It appears to left ignorant of the fact, that when vessels of war of a foreign nation enter friendly ports, it has alme that the former should be as little rhetorical ways been the custom to give a public salute to as possible; that it should be divested of all orna- that flag. I know of but one exception, which ment; and include nothing more than what is ab. was, when the American frigate Essex arrived at solutely necessary to establish the principle of to salute the flag of lord Keith, who was then the Gibraltar in the year 1802, which vessel omitted law in question. It is derogatory to the learning English admiral on command at that station. The and faculties of the judges to suppose that they latter was of opinion that it was the duty of the can be warped by an harmonious flow of words, commander of the Essex to fire the customary sauttered by a voluble and vehement attorney. The immediately. Instead of saluting, the Essex left lute, or, if he refused, he should leave the port calmest, the most unimpassioned, phrases and the port; but, on the arrival of commodore Truxgestures, should alone be resorted to, and the ton, he not only saluted the vessel which bore fewest words used that the case will admit of. To commodore, the Essex left Algeziras for Gibral the admiral's flag, but, by the order of the same a jury, a greater latitude of speech may be allowtar, and was ordered to fulfil the compliment, not ed, because it may be indispensable to the fur-only for his former omission, but for his posterior therance of justice, to touch the heart, and awaken feelings of humanity in the breasts of the jurors. Eut before a jury, where this greater zoom for warmth of expression is allowed, we return. For my part, I have no personal sentiments on profound respect for your government and your this subject; but allow me to assure you of my persou. I have the honor &c. No. 2. Captain Biddle to lord Cochrane, dated on board the ment. who commanded the Essex in 1803, would not No. 5. Lord Cochrane to captain Biddle, dated Valparaiso, same date. SIR,-The letter with which you favored me this morning, and in which you inform me that your visit was "in your capacity of officer of the United States' marine, and as a mark of your respect for the officer who commands the naval forces of the Chilian government," you leave me to understand that, in omitting the salute, you could have no intention of failing in the respect, you owe the Chilian flag; the more so, when, in the sentence which follows, you plainly confess that you know" that when a vessel of war en I know well that when a vessel of war arrives in a foreign port, it is customary to fire a public salute, and my knowledge of this circumstance was what induced me, when I entered this port in January, to give formal advice of my arrival to the governor, and notify him that I would fire the customary salute, if it would be answered with an equal number of guns. My offer to salute was not accepted, and, consequently, your lordship will see with how much propriety I excuse my-tered a foreign port, it is customary to fire a saself from not doing it. I have the honor to be, &c. - No. 3. From lord Cochrane to captain Biddle, dated Valparaiso, December 28, 1818. SIR, I have received the letter with which you favored me in answer to mine of yesterday, and beg permission to observe, that being ignorant of the rules of the American government, as respects the number of guns with which its commanders are authorized to fire, in answering the salutes of foreign vessels of war who enter their ports, if you will give me your word of honor that the American commanders uniformly, without considering the comparative rank or the locality, to answer, with an equal number of guns, the salutes of all foreign men of war, I will give new orders that your salute shall be answered in the same way. Moreover, as in all other services with which I have had communication, it is customary that the admiral's vessel should answer with two guns less, the salute of the foreign vessels of war, which do not bear the insignia of a corresponding rank, my instructions until this moment have been comformable thereto. The alteration of the usual mode of procedure, in similar circumstances, (as respects the United States,) must be regulated by the communication which you make me upon this subject. I have the honor, &c. No. 4. lute; and that the knowledge of this circumstance induced you, when you entered this port in January, ultimo, to give formal advice of your arrival to the government, and gave it notice that you would fire the customary salute, if it would be answered with an equal number of guns."-Imagine, then, my astonishment! on receiving, this evening, your written declaration, in which you state "that the object of your letter was to excuse yourself entirely from making the salute, and consequently it was not necessary to know whether the vessel under your command should be answered with an equal or a less number of guns." This is a public affair; but imagine, sir, what were my personal feelings when I find that you add, in the same letter, that "when a government vessel enters a foreign port, the salute is merely a matter of courtesy-it is entirely arbitrary-that it is at times practised, and at others omitted." Conceive, sir, I repeat, what are my particular feelings when I compare your last communication with one of your former ones; in which you state that "when vessel of war arrives in a foreign port, it is customary to fire a salute." When I compare this with the offer which you made to the governor, on your arrival, in January, to make the customary salute, if it would be answered with an equal number of guns: when I compare this with the knowledge I have, (and which is incontrovertible) that in no part of a civilized nation, the power which is saluted ever answers Captain Biddle to lord Cochrane, dated on board with an equal number of guns. the Ontario, December 28, 1818. SIB, I have had the honor to receive the com. munication with which your lordship honored me this morning. The object of my former letter was to excuse myself entirely from making the salute, and, consequently, it is not necessary to know whether the salute of the Ontario shall be answered with an equal or a less number of guns. When a government vessel enters a foreign port the salute is a mere matter of courtesy, and entirely arbitrary-it is sometimes practised, and at others it is omitted. With respect to what your lordship informs me relative to the United States' frigate Essex, I beg leave to inform your lordship that your statement is erroneous; for commodore Truxton never commanded a squadron in the Mediterranean; and I am persuaded that my friend captain Bainbridge, As respects the affair at Gibraltar, which I mentioned in my letter, I have not erred in fact, although I may, perhaps, have been mistaken as to particulars of no importance. I plainly perceive the very unfavorable predicament in which you are placed; and you cannot feel it more sensibly than I do. But this will deprive me of doing that which, before the receipt of your last letter, would have given me great satisfaction, and that is, of returning your visit, which I cannot now do, consistently with my feelings, until an explanation conciliates the apparent contradictions which exist in your public letters. Yours, &c. No. 6. Lord Cochrane to capt. Biddle, dated December 30. tion which, in your first letter, you manifested for || the unlimited exercise of legislative discretion: the Chilian government, and the amicable inter-Entertaining these opinions, I cannot but consider course which subsists, and which, I hope, will the constitution as a great security to the com long continue between the United States and this munity. It may now be considered as a point country, I have to request of you, in the event of which has been deliberately settled, that Connecyour intention soon to leave the port, to be pleas ticut is hereafter to be governed according to a ed to postpone your departure until after the written constitution, established by the will of the sailing of the squadron, which is on the point of people. Upon the power to exercise this right, going to sea. Yours, &c. our political liberty essentially depends. Wherever it has been acquired, it can never be lost, without extreme negligence or culpable apathy. The constitution will be altered only as experi ence may indicate its imperfections. This power will be manifested by the people at large, after mature discussions of the merits of such precise amendments, as may be presented to their consideration, by their representatives. Of course, speculative propositions of a general nature, which, from their uncertainty, tend to inflame and mislead the community, will, in respect to the supreme law of the state, be hereafter unavailing. Capt. Biddle to lord Cochrane, dated December 30. In answer to your lordship's letter, I have the honor to inform you that, although I am anxious to put to sea without delay, and notwithstanding I had it in contemplation to sail this morning; yet, as I am desirous to accede to whatever may be agreeable to the Chilian government, as far as it is in my power, I have determined to remain in port during this day; but it will be my indispen sable duty to sail to-morrow; and I hope that the delay of this day will be sufficient to accomplish the views of the Chilian government-and, to speak the truth, as my object is to double Cape Horn, it seems to me that my departure cannot be, in any way, prejudicial to the views of the squadron. I have the honor, &c. CONNECTICUT LEGISLATURE. SPEECH Of his excellency Oliver Wolcott, May, 1819. Gentleman of the Senate, and Gentlemen of the House of Representatives. If I do not greatly mistake, the affairs of our country, have at no former period, displayed more exhilirating subjects of contemplation, than at present. The nations with which we are principally connected, appear to be convinced of the utility of justice in their intercourse with the United States. The causes which menaced future conflicts, are yielding to the influence of reason and humanity. In regions which have been but recently explored, new States are forming, under constitutions founded on just principles of civil and religious liberty. Rules for preventing disputes, and for promoting the settlement of vacant territories, have been established, of which the world has afforded no former examples. Our swarming population is rapidly extending, united by the same language and laws, and by kindred ties of mutual affection and interest. In short, those sublime conceptions of the future happiness and grandeur of the American nation, which were presented by the sages, of the revolution, to the admiration of their remote posterity, have been eminently realized, during a single age. As no other people have been equally distinguished by the divine favor and protection, we are specially required to manifest our gratitude to the supreme being, by a prudent use of the inestimable privileges committed to our care. Besides appointing the judges, sheriffs and other officers necessary to the organization of the government, a number of alterations in the existing laws will be requisite. Among these, one of the most important will be the devising of proper regulations, as required by the constitution, for ascertaining the value and amount of the school fund, and rendering that precious deposit inalienable to any other use, than the encouragement and support of public and common schools, for the equal benefit of all the people of this state. As a great proportion of the property belonging to this fund, is vested in securities of real estate, from which it cannot be withdrawn without great inconvenience and loss, it appears to be necessary that the office of commissioner should be continued. The avails of the fund may, as heretofore, be paid into the treasury, and there appropriated for the support of schools, as the law may prescribe; but it seems to be proper and analogous to our other regulations, that the accounts of the fund should be rendered to, and annually settled with the comptroller, in the same manner as other public accounts, and that it should be made the duty of that officer, to present to the general asssembly, an annual statement, exhibiting every increase, or diminution of the fund, with the cases in which they originated. It is well known that a considerable part of the extensive grants, sequestrations and devises which were formerly made for the support of schools and religious instruction, have been dissipated and lost, and it is only by establishing invariable rules, and by constant vigilance, that similar misfortunes can be prevented in future. the privileges of an elector become forfeited, has never been defined. A law on this subject appears to be necessary. The crime of fraudulent bankruptcy, by which Among these, are the appointment of commissioners of sewers, and of turnpike roads, and deciding ou the official bonds to be given by sheriffs. Provisions on these subjects, appear to be required. The duty assigned to us in particular, is so plain, By our late system, a number of duties and that it cannot be easily mistaken. We are mem-powers are assigned to the governor and council. bers of a state, which has long been distinguished as a confederacy of freemen After a revision of their fundamental institutions, the people have decreed, that but few changes are necessary. Accordingly it has been the principal object of that constitution, which it is our duty to observe. and to execute, to define those privileges, which were truly the birthright of the people, and to guard against either gradual or occasional inva-ties of the state. sions of their rights, by the abuse of power, or I submit to your consideration, whether it is not expedient to prescribe the number of notaries public, to be commissioned in the different coun Several of our ancient laws have become obso is to stop but a few days in the port of New York. By order of the minister of ti M. C M. THIERRY, Attached to the French Legation, lete, or have been annulled by the constitution of BANK OF ENGLAND. London, February 10.-Printed copies of the various accounts respecting the establishment, As the subject of taxation is very important, I moved for and ordered in the House of Commons, have deemed it to be my duty, to prepare a de-since the meeting of Parliament, were issued.tailed view of my reflections on this subject. They are 16 in number. The following is a This will be submitted to your consideration, by || brief abstract of their contents: a special message. 1. An account of the total weekly amount of 2. An account of the bank notes in circulation on Saturday nights in each week, from the 1st of January, 1818, o the 25th of January, 1819; distinguishing the value of notes: Notes of 51. and upward, Bank Post Bills, 17,503,2401. On 24th Jan. 1818. On 23d Jan. 1819. After a long period of calamity, wise and bene-bank notes and the bank post bills in circulation, volent men of every country, appear to be uniting from the 30th of December, 1817, to the 25th of their efforts in devising means for diminishing January, 1819:-On the 20th of January, 1818, the wants, and improving the condition of man- 30,622,3501.; July 21, 1818, 29,433,4601.; "January kind. Among the foremost in this honorable || 19, 1819, 27,983,8801. combination, the different states of our union, are exerting an unprecedented activity. As the situa tion and institutions of Connecticut afford facili- || ties for a more accurate application of the latest || discoveries and improvements, than is practicable in states of greater extent and more recent establishment, our advances ought to correspond with our advantages. We are bound to hope that the period is fast approaching, when the rank and character of communities will be estimated by no other rule, than by their comparative attainments, in moral excellence, and their success in advancing the means of social happiness. Our exertions ought, therefore, to be directed to the diffusion of useful knowledge, the encouragement of industry, frugality and honesty, and the promotion of concord among the people. General Assembly, May Session, A. D. 1819. OLIVER WOLCOTT. Notice addressed to the French Refugees from St. Domingo. His most Christian Majesty, having taken into consideration the hard condition of some of the French refugees from St. Domingo, who have retired into the United States, and whose families or pecuniary affairs recal them to France, and who seem to be without the means of providing for their own passage, has pleased to approve that a man of war shall land at New York the last of June next, to carry to France such of them as may be disposed to return to their native country. As this favor has been requested to alleviate honorable misfortunes, it is to turn only to the advantage of the unfortunate: therefore, the choice will only fall on the refugees whose situation will be acknowledged to be the most unhap; py, and who, besides, will find it beneficial and urgent to themselves to return immediately to France. Notes under 51. 1,758,670 7,628,480 3. An account of the weekly amount of bank notes in circulation, of the value of 51. and less: 1st Week of 1819. 1st Week of 1819. 3,069,0991. 7,410,220 Notes of 51. 2,954,8601. 7,402,230 Notes of 21. and 11. 5. An account of the highest and lowest aggre. gate amount of bank notes of every kind, at any one time in circulation: Highest aggregate amount was on 13th January, 1818, 30,945,8801, 24,610,8501. The minister of H. M. C. M. wishing to pre-gold and silver, with the courses of exchange, 9 An account of the market prices of standard vent, on this subject, the slightest error, invites From 1st Jan. 1818, to 25th Jan. 1819: the said French persons, who have either appli ed to him already, or, thinking themselves enti tled to enjoy such benefit, would take advantage of it, to cause their requests to be directed to him through the agency of the consuls and vice consuls of France residing in their districts. |
