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No. 5.)

[Vol. VII Printed and Published, every Saturday, by Lawrence, Wilson, & Co. at five dollars per annum.

Contents of this No. of the National Register.

facts. Spain, during the war of 1812, suffered the ORIGINAL.-Letter to Henry Clay, 65.--Editor's Cabinet British to destroy her neutrality in Florida, to the

79,- Official Notices, 79.- Foreigu, 80.-Clused Doors, 80: great injury and loss of the United States. She SELECTED.-Cobbelt against Fetron, 68.– Foreign Affairs

was called upon to vindicate that neutrality, acNetherlands, 70.-France, 71.--- Slediterranean, "72.-. || cording to the injunctions of the law of nations colouei Irwin, 72.–Proceedings of Congress, 72.-Select- and the provisions of the treaty of 1795. What ed Verses, 77,

was her answer? She was unable to do it. The FOR THE NATIONAL REGISTER.

government of the United States, in compassion, To the Honorable Henry Clay, Speaker of let that piss. Peace was restored with Great

the House of Representatives. Britain, but Spain still suffered British agents to Sin,-The part which you have taken against linger in the bosom of Florida, to stir up the Ingeneral Jackson, has surprised every body: not dians to pillage and bloodshed. Remonstrance less because you have been supposed to be a lover was again addressed to her. In vain! The preof your country, than on account of your being text still was inability. Great Britain, too, was known as a lawyer. The public had considered reminded of the necessity of her restraining her you not as a mere county court attorney, but as a subjects from exciting the Indians to war. She liberal professor of the legal science: not as a pal- | admitted the necessity and disavowed her subtry dabbler in the quibbles of the bar, but as an ljects. What, then, remained? Here was a com. enlightened apostle of those widely-extended prin-bined band of British outlaws, negro fugitives, and ciples which give security to the rights of man Indian plunderers, scalping, burning, and pillagand contribute to the happiness of nations. How ing, the inhabitants and property of the frontier muck your fellow.citizens have been mistaken of Georgia: Residing 1 yond the limits of the will appear from your speech on the famous re- United States, it is true; but on a space of earth port of the mild and humane Mr. Thomas M. Nel | where no restraining Christian authority would son, concerning the conduct of general Jackson interfere. What would you bave done in this during the war in Florida.

case? Read to them, perbaps, Mr. Vattel's TreaYou have asserted at least, so Mr. Gales bastise on the Law of Nations, the Constitution of told us in bis paper--that general Jackson has, the United States, and the Acts of Congress. but that the President has not, violated the laws Doubtless, from their well-known gentle natures, and the constitution. And what is your argu- you would have instantly subdued them into peace ment? Why, that the general look, and the Presi. and good behavior. Wliat would the pious Mr. dent restored, St. Mark's and Pensacola. But, Sir, Mercer have done? Exurcised from them, peradwhat was it that constituted, in the opinion of any venture, the evil spirits which infested them, man, the violation of the Spanish territory? Was with “bell, book, and candle.” Or the wordy, it not the crossing, with an armed force, the boun. | law.quoting, wire-drawing, net-weaving, “ Algerdary line of Florida? And did not the President non Sidney,” of the “Richmond Enquirer"-what authorize general Jackson to cross it? You know course would he have pursued on the occasion ? he did. If there was a violation of territory at all, ! Set, I presume, a ily.trap. This latter gentleit was the passing the line. All the rest was inciman, (God bless him!) has learnt from the books dental to that leading circumstance. Your argu

that an "outlaw” is merely a man who is judicialment, therefore, is nugatory; for, on the supposily proclaimed as such. He will not believe tion of a violation, it was the President's order to that there can be any one outlawed of nations as cross the boundary, and not the seizure of the well as of courts of justice: that there can be Spanish posts, in which it is to be found. You " land pirates as well as water pirates:” or that have been famed for perspicacity; but in this in- | any thing more is necessary to punish villains than stance the force of your understanding was par- the writing of four or five formal essays, addressed alyzed. You are only an able logician when you to the editor of the “Richmond Enquirer,” who, speak upon the right side of a question; and that by the way, bas lately been very remarkable for proves that God gave you talents for the purpose the velocity of his political sensations. Or, it is of your always an only being an bonest politi-likely, this Mr. “Algernon Sidney,” (known, i cian.

am lold, for being an honorable legislator, I deny, in the most positive terms, that either who commonly makes his speeches in the the President or general Jackson has violated the newspapers instead of making them in the llouse) laws or the constitution. What are, in brief, the "would, like Miss who is going to be married, and

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who insists on all the introductory formalities of || to fulfil the stipulations of the treaty of 1795? I courtslip, wedding-dress, bride's maid, wine, do not believe it. With all your patriotism, you cakes, and so forth-it is likely he would act | lore popularity too well to avow that determina, against this outlawed, fugitive, and savage, band, ||tion. with all the preliininaries usual in the case of war It has been even gravely contended that the between civilized nations. He would, it may be, || President made war contrary to law. Yes! grave. bave despatched to the prophet Francis, and to Ar- ly contended. Worthy Mr. Cobb, is this true? buihinot and Armbrister, a written remonstrance; l What! were the outcries from Georgia, of Indian next, a written rebuke; then, a herald of defiance, scalpings, burnings, and murders, a sham? Alas! according to the ancient forms of chivalry; or, in || what are we to believe? Nobody can deny the conformity to the modern mode, a proclamation || President's power, under the act of February, of war. He would, of course, have marched his 1795, to repel Indian aggression without the inarmy to the territorial boundary of Florida: Aud tervention of Congress. You, Mr. Clay, will not there, 0! immortal Vattel, a part of thy book -- deny it yourself. Were the Georgians, then, not but not the applicable part* _would have arrested to be creditel? Were there really no pillagings, his progress. New negotiations must then have no massacres, no inroads? What says governor taken place with Spain: Don Luis de Onis would || Rabun? Did he not press general Jackson to have been consulted, and the great maxim of Spa- come to bis aid? Did he not raise an army himnish diplomacy-procrastiration--would have been self, and give the command of it to that famous finely played off. Meanwhile the bloody combi-officer captain Obed Wright, who made war, not nation of British outlaws, fugitive negroes, and on the hostile Indians, but on the friendly ones? Indian spoilers, would liave been busily at work || You say nothing of Ohed Wright and his villain. with the rille and tomaliawk; and “ashes slaked ous murders at the Chehaw. That is giossed with blood” would, in countless instar.ces, have over: But general Jackson, who drove the sava. marked their track of desolation.

ges from the Georgian border; general Jackson, From this digression, allow me to return more who effectually put an end to Seminole incursion, distinctly lo my subject, and to you. In truth, is denounced as a despotic chief, and faithless to what ought to have been done, by a government | the laws and constitution of his country. Georgia at once wise and temperate? Spain had been ap- cries out for succor; and when she is defended plied to, are alleged inability. Great Britain had and protected, some of her representatives cladisavowed her subjects, was passive, and left them mor for vengeance on the man who was ber de. to their fate. It was impossible, under such cir- liverer from danger. I think, Mr. Clay, that you cumstances, to put an end to the Seminole war cannot, yourself, approve of such conduct as without pursuing the Indians into Florida: It was this. useless to pursue them there, if they were allow. I admire, I confess, the humility which is ed to find refuge in the Spanish forts. Would you eviņced by some of the congressional orators: have had general Jackson draw up all the troops they are so politically devout: they can of the southern division of the army, by way of no sin but in their own rulers. Whip! whip! cordon, along the Georgian frontier, and there whip! This reminds me of the Flagellants, who have remained; receiving reports of Indian mas. fog themselves by way of penance. Lay on, Mr. sacres, only that he might have transmitted them Clay. But I see no blood on your lash as yet. to the Secretary of War? Would you have placed Military despotism! What is it! Is it military yourself, on such ar'occasion, in a situation so truly | despotism to fight and beat the enemies of your ridiculous? No, Sir. What was done, is precisely country? General Jackson's conduct at New Or. what ought to have been done. The President's leans has been cited as an example. Unfortuorder to cross the Florida line was indispensable nate allusion! If there is one incident in the mi. ---was lawful: and being once crossedi, the busi. | litary life of the general more worthy of praise ness of general Jackeon was not to play at diplo than another, it is his bębavior in the defence matic shuttlecock with the Spanish authorities, of that place. The lives and fortunes of the citi. who refused to punish, and actually protected, | zens, the virtue of the women, the honor of the the foe, but to crush the enemy at once. You men,' were all at stake: “ Beauty and Booty": will allow that it was necessary to bring the war were the rallying words of the enemy. In a to an end in some shape or another. Would you crisis like that, with a British veteran army with. have voied for war against Spain to compel herin eye-shot of the city; a few malcontents and a

piddling jucige insisted on the observance of the Vatte! the law of nations, what the bible is in reli- forms os civil law. Wili posterity believe it? The intide buty draws weapons from Bloly Writ, and demagogues forms of law! when law, gospel, and every thing draw 1a * do lives of public law from latiei. Vide divers speccles in congius and sundry essays in the newspapers.

else that is valuable to human nature, was at


stake on the event of a battle! General Jackson full authority to put them to death, after they won that battle; and victory had no sooner de. were found guilty. clared in his favor, than, although at the bead of a 1. They were subject to be put to death. And triumphant army, he submitted to the civil au. here, Mr. Clay, as you are fond of the books, I thorities; peaceably yielded himself to the sen- will give you a brief quotation from Vattel. “Ie tence of the very judge whom he had personally “ who is injured by foreign subjects (says Vattel, offended, and was fined. Who could have acted * $ 52, b. 4, ch.4,) does himself justice by his own more like a genuine patriot? Would Cincinnatus “ power, when he meets with the offenders in his himself have behaved with more humility? The own territories, or in a free place: for instance, people of New Orleans, sensible of his merits, in. on the open sea; or if he pleases, he requires stantly paid the fine of a thousand dollars. “ justice from their sovereign: but on seizing

But Arbuthnot and Armbrister-honest souls! – “ them even in a free place, every one does him• they, it seems, were foully murdered. They never “ self justice. In this manner pirates are treated. did any harm; not they. They were peaceably, “ And, to avoid all misunderstanding, it is agreed no doubt, pursuing a fair, a free, an honorable, that every private person committing hostilities with trade, with the Seminoles. Were they, indeed! out a commission from their sovereign should meet Now, I dare say, Mr. Clay, that you have read " with the same treatment." the story of the Devil's visit to Paradise. His Sa. Here is law for you, exactly in point. Here were tanic majesty, you know, was a trader, too, in the Arbuthnot and Armbrister, committing hostilities, garden of Eden. He neither stole any thing nor|| (the one by exciting to war, the other by person. made war upon the animals and property there. ally leading in it,) without a commission from their He was, like Messrs. Arbuthnot and Armbrister, sovereign. General Jackson caught them, and a simple, honest gentleman, merely employed, treated them as the law of nations prescribeslike them, upon his lawful concerns. But you as pirates—and put them to death. will recollect, Sir, that this Devil, whilst thus in

Allow me, Sir, in this place to remark, that all nocently engaged, did, by certain false sugges. allegations against general Jackson with respect tions and false representations, induce Madam

to the nature of the testimony, and the finding of Eve to do a thing which damned the whole hu- | the culprits guilty, are misdirected. The court man race for about three thousand years. Yet

were the jury. If the par ies were convicted upon could the Devil have been hung or shot for it, by | feeble or false evidence, it was not his fault, but any of Adam's sons, I have not the least doubt that of the court. He submitted the case to their but Mr. Cobb would have thought it an act of decision. He did not find the prisoners guilty military despotism, and a most cruel and wicked || himself: he only applied the law. This, Mr. transaction!

Clay, you are well aware, is the usual course in Guilty or not guilty, however, it is asserted that the ordinary courts of justice; and you ought not general Jackson had no power to try Arbuthnot to condemo general Jackson for following the and Armbrister. But what is the truth?

practice. Great Britain would not interfere to restrain or

2. They could not be tried and punished by the punish them.

civil courts of the United States. It is not necessary Spain would not, or could not, punish them.

to dwell on this point. The jurisdiction of the The Indians regarded them as friends, and, of course, would not meddle with them in the way fined to offences committed at sea, or within the

courts of the United States, it is notorious, is conof vengeance.

limits of the United States and their territories, 1f guilty, then, they could only be punished by

or on lands guaranteed to the Indians by treaty. the United States.

Offences within a foreign jurisdiction are not cog. What should have been the mode of punishing

nizable by them. them? I assert, without the fear of contradiction from any sound lawyer

3. A court martial is the only tribunal that could 1. That they were subject to be put to death || legally try them. This point is established by the by the public authorities of the United || cried by such a court alone. The offences of Ar

well known fact that all military offences can be States.

buthnot and Armbrister were strictly military. 2. That they could not be tried and punished | They fomented war; they furnished supplies; they by the civil courts of the United States.

led to battle. 3. That a court martial is the only tribunal tliat 4. General Jackson huil full authority to put them could legally try them.

1o death after they were found guilty. By the Rules 4. And that general Jackson, as commander in and Articles of War, all sentences may be confirm.

chief of the southern division of the army, had lled and executed in time of war, by the general vf.

vol. 4.)


ficer ordering the court. (Laws U. S. page 22, phistry and falsehood. Ard as reasoning is not

“ the source whence either disputant derives his Now, Sir, do you or any other man, by fair “ tenets, it is in vain to expect that any logic, reasoning, drive me from these positions if you “which speaks not to the affections, will ever encan. I defy you to the experiment. It is not in gage him to embrace souncler principles." the power of the buman intellect to do it.

THEMISTOCLES. I regret, exceedingly, the necessity of this address. I have had lopes of you, which I should

FEARON'S FALSTOODS. be sorry to see wholly disappointed. You have a To the Editor of the National Advocate. certain quickness of parts, a certain portion of abi.

Hyde Park, January 9, 1819. lities, and you are a speaker sufficiently agreea- || fore yesterday, giving some estracts from a book

Sir,-8-fore I saw your paper of the day be. ble, to make you respectable in the eyes of your li published in England, by one Fearon, I had writfellow citizens. But do not destroy yourself by ten part of the following article, and had prepar. self-delusion. You are neither a man of erudition, led to send it home as part of a Register, of which a profound calculator, a master of elocution, nor

I send one every week. Your paper enabled me

to make an addition to the article; anal in the few Have you in the proper degree the command of || words below, I have this day sent the whole off your temper, to make you what I call a great to be published in London. If you think it worth statesman. There are not wanting those who linserting, I beg you to have the goodness to give

it a place, and I beg the same lavor at the hands think they see in you that unsteadiness, that wa

of all those editors who may bave published vering, which indicate an eventual downfall in Fearon's account of what he calls his visit to me. the political world. I confess I do not go so far. I am, sir, your most obedient and most humble

IV. COBBETT, What you migla be, I think I can perceive: What servant,

There is, I am told, one l'earon, who has gone you will be, time must develop. Resort to severe home and written and published a book, abusing study and deep meditation. Examine yourself this country and its people in the grossest manner. with rigor: Chastise and contiol your passions. only hear of it by letter. I hear also that he This is the sincere advice of a friend, whom you Low far he knew me: I live at a country house 20

speaks of me as if he knew me. I will tell you do not know, but who does not wish your useful-| miles from New York. One morning, in the sumness to the public to be lost. I have mark- || mer of 1817, a young man came into the hall, ed your progress from the Senate to the House; // and introduced himself to me under the name of from the Ilouse to Ghent; from Ghent to London; || Journal: “A Mr. Fearon came this morning and

Fearon. The following. I find about him in my and from London to the House again. I have had breakfast with us. Told us an odd story sometimes feared for yon; for trust me, Mr. Clay, || about having slept in a black woman's hut last government is an engine of potent operation; right for sixpence, though excellent taverns at and deeply as I know you think yourself versed odder story about his being an envoy from a host

every two miles along the road Told us a still in its arcana, you are as yet a mere novice in the of families in London to look out for a place of paramount principles of its tremendous machi-settlement in America—but he took special care

not to name any one of those families, though we nery

asked him to do it. Without any particular reference to you, but

We took him, at first, for a sort of spy. W'ilassuredly with a reference to many of the orators liam thinks he is a shopkeeper's clerk. I think and writers who have taken part in tlie discus- he has been a tailor. I observed that he carried his

elbow close to his sides, and liis arms below the sions concerning the Seminole war, I shall con

elbow in a horizontal position. It came out that clude with a quotation from David Hume's intro he had been with Buchanan, Castiereagh's conte ductory section of "An inquiry concerning the sul at New Pork; but it is too ridiculous-such a Principles of Morals.” Read it, Mr. Clay; and thing as this cannot be a spy he can get access recommend it, I beseech you, to the perusal of

no where but to taverns and boarding houses."

This note stands in my joumal or diary of 22d all those who take part with you in this affair:

August, 1817. I remeraber that he asked me Disputes with men, (says Hume,) pertina- | some very silly questions about the prices of land, “ciously obstinate in their principles, are, of all cattle, and other things, which I answered very

shortly. “ others, the most irksome; except, perhaps, emigrating, and the very words I uttered in an

lle asked my advice about the families “ those with persons entirely disingenuous, whoswer were these: “Every thing I can say in such really do not believe the opinion they defend, but a case, is to discourage the enterprise. If Eng.

engage in the controversy, from affectation, glishmen come here, let them come individually, “ from a spirit of opposition, or from a desire of rational."

and sit down ainongst the natives: no other plan is * showing wit and ingenuity superior to the rest What I have heard of this man since, is, that 66 of mankind. The same blind adherence to he spent his time, or greater part of it, in New “ their own arguments is to be expected in both; York, among the idle and dissolute young Eng

glishmen, whose laziness and extravagance had & the same contempt of their antagonists; and the put them in a state to make them uneasy, and to same passionate vehemeace in enforcing so. I make them unnoticed by respectable people.

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That country must be bad, to be sure, which circumstances to emigrate, even in the present would not give them ease and abundance without state of England. In his opinion a family who can labor or economy.

barely live upon their property, will more corsult Now what can such a man know of America their happiness by not removing to the Unitech He bas not kept house; he bas never had any Slates. He almost laughs at 1r. Birkbeck's settling circle of acquaintances amongst the people; he has in the western country. This being the first time never been a guest under any of their roofs; he had seen this well known character, I viewed knows nothing of their manners or their charac. lbim with no ordinary degree of interest. A print ters; and how can such a man be a judge of the by Bartolozzi, executed in eighteen hundred and effects of their institutions, civil, political, or re one, conveys a correct outline of his person. His ligious?

ey's are small, and pleasingly good natured. To I have no doubt, however, that the reviews and a French gentleman present, he was attentive; newspapers in the pay of the borough mongers, with his sons familiar; to his servants easy; but to will do their best to propagate the falsehoodsall, in his tone and manner resolute and detercontained in this man's book. But what would mined. Ile feelz no hesitation in praising him. you say of the people of America, if they were to self, and evidently believes that he is eventually afect to believe what the French general said of destined to be the Atlas of the British nation. the people of England. This man, in a book | His faculty of relating aneczłotes is amusing Inwhich be published in France, said that all the stances when we meet. My impressions of Mr. English married women got drunk, and swore like Cobbeit are, that those who know him would like troopers; and that all the young wonen were him, if they can be content to submit unconditistrumpets, and that the greater part of them had bas-onally to his dictation. Obey me, and I will treat tards before they were married. Now, if the peo- you kindly, if you do not, 1 si ill trample on you,' ple of America were to affect to believe this what seemed visible in every word and feature. He should zoe say of them? Yet this is just as true appears to feel, in its fullest force, the sentiment, as this Fearon', account of the people of America. “ I have no brother, am like no brother,

As to the facts of this man's visit to me, my son “ I am myself alone.” William, who is by this time in London, can and It is unlucky for this blade, that the parties are will roueh for their truth at any time, and if ne alire. Firsi-let the "Eşlish woma!" speak for cessary, to Fearon's face, if Fearon has a face herself, which she does, in these words: which he dares show.

“I remember, that, about a week atier I came Since writing the above, the New York papers to Hyde Park, in 1817, a man came to the house have brought me a specimen of Mr. Fearon's per. in the evening, when Mr Cobbet was out, and formance. I shall notice only his account of his that he came again the next morning. I never visit to me. It is in the following words:

knew, or asked, what countryman he was. lle "A visit to Jr. Cobbeti.- Upon arriving at Mr. came to the back door. I tirst gave liin a chair Cobbett's gate, my feelings, in walking along the in a back roo!n; but, as he was a slippery looking path which led to the residence of this celebrated | young man, and as it was going lite, my hus. man, are difficult to describe. The idea of a per. || band thought it was best to bring ling down into son self banished, leading an isolated life in a the kitchen, where he staid till he went away. foreign land—a path rarely trod, fences in ruin, nad no talk with lim. I couli not know what con. the gute broken, a house mouldering to decay, added | dition nr. Cobbett found the house in, for I die? to much awkwardness of feeling on my part, not come here 'till the middle of ligust. Tlever calling upon an entire stranger, produced in heard whether the gentleman that lived here bemy mind feelings of thoughtfulness and me. fore Mr. Cobbelt was an American or not. I ne. lancholy. I would fain almost have returned ver in my life said a word against the people of without entering the wooden mansion, ima-l the country; 'I am very glad I came to it; I am dogining that its possessor would exclaim, “whating very well in it; and have found as good and intruding fellow is here coming to break in upon | kind friends amongst the Americans, as I ever had my pursuits:”. But these difiiculties ceased' ai- || in all my life. MARY ANN CHCRCHER. most with their existence. A female servant (an “ Hyde Park, Sth Jan. 1819." English woman) informed me that her master was Mrs. Churcher puts me in mind, that I asked from horne, attending at the county court. Her her what sort of a looking man it was, an« that slie language was natural enough for a person in her said that he looked like an ercisenan, and thiet situation: she pressed me to walk in, being quite Churcher exclaimed; “Why, you fovo!, idey don't Certain that I was her countryman; and sie was have any excisemen and such fellows here!! I neso delighted to see an Englishman, instead of those | ver was at a coienty court in America in my life. I nasty guessing Yankees. Following my guide was out shooting. through the kitchen (the floor of which, she as. As to the house, it is a better one than he ever serted, was imbedded with two feet of dirt when entered, except as a lodger or a servant, or lo carMr. Cobbett came there-(it had been previously rý bome work. The patli, so far from being trackin the occupation of Americans) I was conducted less, was as beate as the higli way. The gentleto a front parlour, which contained but a single man who lived here before ine was an Englishman chair and several trunks of sea clothes. Mr. C's whose name was Crow. But only think of dirt, first question on seeing me was, “are you an two feet deep, in a kitchen! All is false. The American sir?' then, what were my objects in the house was built by judge Ludlow. It is large, United States? was I acquainted with the friends and very sound and commodious. The avenues of liberty in London? how long had I lefi? &c. of trees before it the most beautiful that I ever He was immediately familiar I was pleasingly saw. The orchard, the fine shade and fine grass disappointed with the general tone of his man- all about the house, the abundant garden, the ners. Mr. C. thinks meanly of the American people, beautiful turnip field; the whole a subject worthy but spoke highly of the economy of their govern- of adınıration; and not a single drawback. Á ment. He does not advise persons in respectable "hearty unostentatious welcome from me and my

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