NEW SERIES. No, 2-VOL. IV.] BALTIMORE, MARCH 6, 1819. [No. 2—Vol. XVI. WHOLE NO. 392. THE PAST-THE PRESENT-FOR THE FUTURE. PRINTED AND PUBLISHED BY H. NILES, AT $5 PER ANNUM, PATABLE IN ADVANCE, Mechanical convenience forbade the publication, of an intended supplement to the present number; and also, as yet, prevents us from getting out the Index for the last volume. General Jackson. Whilst the people were tendering the honest homage of their hearts to the MAN OF ORLEANS, and conferring upon him every public honor which they had the power to bestow,-whilst they recognized in the intrepid soldier the polished manners of a gentleman, with the mild deportment of the citizen, a committee of the senate of the United States-the most dignified tribunal known to the constitution, save that from which all lawful authority is derived, as engaged in preparing very solemn and serious charges against him-to bring him before the bar of the public reason loaded with reproaches, as a flagrant violator of the most important fundamental principles of right, justice and law. See the report, page 33. We have no present intention to examine the clare, yea or nay, whether all that general Jackson has done is in conformity to our opinions of right, though we take it for granted that every transaction of his, since he took the field, has resulted in a present good to his country; yet as "gold may be purchased too dear," a good thing may be produced by danger. ous means:-and, if he has committed wrong to the constitution and laws of his country, or outraged huand Ambrister were suffered to plead in their own manity, let him be punished. But even Arbuthnot defence, and shall we refuse the like privilege to a man whose deeds of high renown are as imperishable to his glory, as the history of the republic. Still, his services must not be plead in extenuation of a soli tary wrong, wilfully committed. We would rather that Jackson should perish, than that any one in the United States should be above the law-but it is due him that he should be fairly tried, and upon his own merits. With due deference to the "collected wisdom of the nation" in congress assembled, yet knowing also that the members are mere men, liable to errors in facts stated in this report, nor to make any remarks up- judice or passion, like others-we contend that judgment, and subject to the influence of party, pre↓ on it. But, however, we feel it our duty to say both houses have mistaken their power in suppos. that we believe them to be untenable, by proof, or ing that the general was directly responsible to to be excused, as to the general himself, by the sanc- either of them for any transaction of his military life, tion of his superior, the president of the United circumstanced as he was. Admit that the majority States: all which will probably appear before ma-in both houses had agreed to censure general Jack ny days.* believed that a simple vote of disapprobation in con son, where are their means to punish? Can it be gress, would punish him sufficiently for the cutrages with which he was charged? Nay, nay-if he is guilty of the things preferred against him, his life would be a poor forfeit to the insulted justice of his country. It is not our practice to interfere in party politics -to extol the ins and censure the outs, or vice versa; and we do not care to the value of a one dollar Owl Creek bank note, whether a president of the United States comes from the east, west, south or north: else we might say much, and would say it warmly too, about the proceedings that have been had reIf such punishment is due, but that congress has specting general Jackson. If we do not know we certainly believe, that among his opponents, in or no power to inflict it-what could all the long reout of congress, there are some men who have been ports and long speeches have amounted to? Only influenced only by a generous love for the constitu- to this-to prejudice the tribunal before whom the tion and liberties of our country; but we are equal-order it to condemn him! Thus, is our opinion, congeneral might be summoned to appear; in fact, to ly certain, that others have been led to array themselves against him through passion and prejudice, or with a secret design to affect the approaching election of president. In short, and in common phrase, that they have "struck at another man over his shoulders." This is our serious opinion. ed with doing; having fallen into the very error that The fact is universally believed, that the presi dent has sanctioned the conduct of Jackson, in ecThe story has been so often told in the news-tenso--in many cases by an open approval, or justifipapers, that party had nothing to do in the question cation of his proceedings, and in all the rest by a tacit relating to the Seminole war, that many have behieved it. We always believed the contrary, and acquiescence in them. The general, then, is exonethe happy contrivance of recording the yeas and rated from blame, until the president is found guil nays, proves that we are correct-unless we admitty of wrong. If his acts were unsupported by the constitution and laws of his country, they now are the that one of the two great political sections in congress is much more regardful of the constitution of it; let the executive be punished first, and the gene. acts of the executive, the agent being approved by the United States than the other, an idea that cannot be tolerated is this "era of good feelings!" ral will naturally suffer. It is of no importance, at this time, for us to de *The National Intelligencer, received since this article was in type, says "We are authorised and requested to state, for the satisfaction of those who feel interested in the information, that strictures on the report of the committee of the senate in respect to the Seminole war, are in preparation, and will be shortly offered to the public eye; and that in their Character, they will be both ample and free." Vol. XVI. 3. If this view of the subject is correct-if the ac's of general Jackson have by any means become the acts of the president, (and they must be so regard. ed, seeing that the general has not been put upon his trial for any of them), what shall we think of the house of representatives, as the grand inquest of the nation, and of the senate, as the supreme judge, for acting on the case as they have done? Does it not appear as if they would have indicted, tried and pus nished the president, when the general only 5 seemingly before them. They might have request-party politics or electioneering purposes, though ed, and perhaps ordered (at least we hope that we have felt it right to say something on a subject there is such a power in the representatives of the which has so much engaged the attention of conpeople), the president of the United States to insti-gress and the people. We shall not do either; simtute an enquiry into the conduct of the general, ply desiring on this occasion to present our impresand possibly have directed a court martial to be sions concerning a very important affair, and to re held upon him. What then?-if the president commend republican frankness to all politicians. refused to carry such order into execution, he might be brought before the bar of the senate; but, if the order was put into operation, the president would stand as impeached for neglect of duty in not having done it before! In every view that we can give to the matter, this seems to be the conclusion that it is the president, and not the general, who is responsible to congress for acts committed in the Seminole war, as things are now situated. We do not know whether this ground has been taken or not, by any of the speakers in congress, having yet read but a few of the speeches, and those very slightly. We apprehend, however, that it will appear to be so manifestly just to the people, that they will, like ourselves, be nearly ready to believe it was the president who was really under trial instead of general Jackson. If this belief is founded upon the facts of the case, and the general had been condemned in the senate, for calling out or accepting the volunteers from Tennessee-and he, to justify himself, had shewn that that act was approved by the executive, in the warmest terms,-what would be the state of the affair? The senate we know are the judges on an impeachment of the president, and the result would have been, that they had already found him guilty, though unarraigned, of a violation of the constitution! In courts of law, in cases of appeals, the judge who has decided on a controversy, retires from the bench,-would not then the senate, according to common sense and common law, have been rendered incompetent to try the president-seeing that the sanction of the president must be accepted as the justification of his SUBORDINATE officer? We have only to add, that the principal charge in the report of the senate, as to the acceptance of volunteers, was, as we are informed, justified by former usage, and positively approved in this. The order respecting St. Augustine depended on a contingency-that is, if the facts as reported were true. The Washington City Gazetae says that Messrs. King and Eaton, two of the committee, were opposed to . the report, and intended to have presented a counter statement (as the editor understands) “but that the session was too near a close to attempt any thing like discussion.”* There are some who believe that the late appearance of the report was not incidental to, or in any manner connected with the period at which a knowledge was possessed of the things it reproves—and it seems unfair, that general Jackson must remain subject to all the odium which the report can cast upon him until the next session of congress, or treat the senate with what may be construed into disrespect, hy defending himself before his fellow citizens. It is like "hanging a man first and trying him afterwards." Revolutionary Matters. The following letter, addressed to the editor of the REGISTER, is from a gentleman of the highest standing in Virginia-and inserted with great pleasure, in justice to the patriotic efforts of an illustrious friend of freedom. TO THE EDITOR OF THE REGISTER. SIR, I have read with much interest the several communications from the late president ADAMS, which are preserved in your fourteenth volume: We like plain dealing-in common phrase, we and though a Virginian, and as zealous for the honor wish that "every tub should stand upon its own of my country as any individual in it, I am not less bottom." We are not interested in the re-election | devoted to truth, and real merit, whereever it may of Mr. Monroe,—though generally pleased with his be found. I therefore subjoin with pleasure, an exadministration, because we have fallen into the opi-tract from the first volume of Almon's Remembrancer nion that the republic would be better served, if the entitled Prior Documents, printed in London in the presidency were held for four years only. Still, he year 1777, in confirmation of the high standing, and claims of his countrymen a frank and honorable op-important services of JAMES OTIS, esquire, of Massa position. For his sins of commission or of omission, chusetts, as attested by Mr. ADAMS. fic ought to be directly charged, if any such are sufEXTRACT, ficient to divest him of the good will of the peo- From the report of the lords committees, apple; but we dislike all round-about ways for arriv-pointed by the house of lords to enquire into the ing at truth, and decidedly reject the practice several proceedings in the colony of Massachusetts. which too often prevails amongst politicians, of bay, in opposition to the sovereignty of his majesty, censuring one man in the name of another. in his parliament of Great Britain, over that province." The reader must not suppose by the preceding remarks that we intend to devote the REGISTER to "The committee having perused the report of the board of trade of the 11th day of December 1764, *We have just observed that this ground was tak- and the papers laid before his majesty therewith; en by Mr. Poindexter and others during the de- find in the said papers the strongest assertions by ; bates about the Seminole war, in the house of repre- the assembly of the Massachusetts bay, of their sole sentatives. It seemed to be admitted, by the oppo- right to pass laws, particularly of taxation, and of site side, that no act of legislation could grow out of their resolution to invite the other colonies to comthe proceedings; but it was contended, that the bine with them in measures to prevent the king in house had a right to express an "opinion" on the his parliament, from passing any such laws; for insubject. Thus then, the house of representatives stance, in a letter to Mr. Mauduit then agent of the of the United States, spent three week of most pre-province, which was drawn up by a committee of cious time, to the neglect of much important busi-the house of representatives, and afterwards apness required by the nation, and the postponement proved by the house, they use the following expresof the just claims of many private citizens, to the ruin perhaps, of some of them, to give an "opinion" which could not have had any legal bearing upon the person or his conduct censured by it! sions: The silence of the province should have been imputed to any cause, even to despair, rather than be construed into a tacit cession of their rights, or an Lacknowledgment of a right in the parliament o 27 Great Britain, to impose duties and taxes upon a chaft and cargo, argued by Mr. Ogden and Mr. Wheapeople who are not represented in the house of com-ton for the captors, and by Mr. Hopkinson, for claimmons.'-And in the same letter they avowed and ants. authenticated the doctrines advanced in a certained and the property condemned. This decision pamphlet, entituled, "The rights of the British coloThe sentence of the circuit court was affirmnies asserted and proved," written by JAMES OTIs, esquire, which pamphlet amongst other things, says "that the imposition of taxes, whether on trade, or on lands, or houses, or ships, or real or personal, fixed or floating property in the colonies, is absolutely irreconcileable with the rights of the colonies, as British subjects, and as men." A stronger evidence of Mr. Oris's merit, as the enlightened patriot, and a friend of his country, and of his early services to her, need not be produced. Virginia, February 7, 1819. Supreme Court of the U. States. Several decisions made at the present sitting of the supreme court of the United States, are of great and general importance, and the opinions on such cases shall be inserted when received, for the use of the patrons of the REGISTER. We have already noticed the case of Sturges vs. Crowninshield--the following additional accounts of it must satisfy the public curiosity until the report of it is published The New York Evening Post, speaking of this case, says "We have been favored with the perusal of a letter received by a gentleman of the bar at this city from Washington, dated the 25th February, stating the substance of the opinion of the supreme court of the United States in the above case-which is as follows: "Discharges under state insolvent laws exempt the body of the debtor from imprisonment; but his property subsequently acquired is liable to his creditors; or in other words, the contract is discharged as to the person, but not as to the future estate of the party." It is further decided that, until congress acts upon the subject, the states may pass insolvent or bankrupt laws, which, however, can have no other effect than is above stated; but may be beneficial in putting an end to the partial dispositions of property, which now operate so severely upon the great mass of the creditors of those who fail among us. This is all that has yet been settled upon this interesting subject. will perceive that many points remain for discusGentlemen of the profession sion. Our readers may be satisfied that the source whence the above information is derived is such as to preclude all doubts of its authenticity. settles a point of law very important to the mercantile world, that where a house is established in the enemy's country, and one or more of the partners reside in the United States, or in a neutral country, his share is liable to condemnation as a prize of war, notwithstanding his personal domicil in the neutral country, as well as the shares of his copartners, who are actually resident in the enemy's country. argument in the case of McCulloh vs. the state of On Wednesday last, Mr. Pinckney concluded his Maryland, involving the question as to the right of the states to tax the bank of the United States. ceedings in the house of representatives, that the president has officially communicated to congress It is announced in the account of Saturday's prothe treaty with Spain, which has been solemnly 18ratified by the government of Spain. With a view to this event, a bill has been introduced, and will tified on our part, and will no doubt be promptly probably become a law,authorizing the executive, in hands of the Spanish authorities, and establish a provisional government therein. that contingency, to receive the territory from the Treaty with Spain. We tives with open doors, but is not to be published in extenso, the usage in such cases requiring it should The treaty was read in the house of representanot be promulgated until formally ratified. shortly find its way to the press. Meanwhile, it is sufficient to state, that the summary we gave of its have little doubt, however, that a copy of it will contents appears to have been pretty correct, with the following additions- / spected. the territory. necessary requisites, be admitted into the union on Letter from the secretary of the treasury, communicating TREASURY DEPARTMENT. The Baltimore American observes.-We understand that the judges of the supreme court of the United States have in every instance recognized as legal and constitutional, the act of limitation existing in the different states, it being an evidence of representatives, of the 22d instant, directing the sedebt which the legislature have the power to pre-cretary of the treasury "to inform the house, whescribe and determine. This information being de- ther any, and, if any, what part of the balances from rived from a member of the court, may be confident- the state banks, to the bank of the United States, ly relied on. Hence it follows that debts of longer standing them, for which balances the bank of the United than three years, are barred by the statute of limi-States was to receive interest, were retained by the under the second article of the compact between tation; and as the legislature at their last session ex-bank of the United States, as special deposits for tended the operation of this law to foreigners and which it was not obliged to pay specie upon deresidents of other states having claims against citi-mand", I have the honor to state, that no part of zens of Maryland-the effect of the late decision the sums transferred to the bank of the United States becomes much more partial and limited than was by the treasurer of the U. States, upon which interest apprehended. On the 25th ult. Mr. Justice Story delivered the was considered as special deposit. The bank was opinion of the court, in the case of the brig Friends-bound to pay for the sums so deposited, spccie was payable by the state banks to that institution, a whenever demanded. In the case of the transfers toasts drank were neat and appropriate. The fol made subsequently to the 30th of June, 1817, a pro-lowing was given position on the part of a state bank to pay interest By the president of the day.-Our illustrious guest, on the sum transferred, when accepted by the bank major general Andrew Jackson-May he long enof the United States, changed the character of the joy the affections of his fellow citizens, for his galdeposit from special to general deposit, and subject-lant services on various occasions, particularly in ed the bank to the payment of specie when demand- the signal repulse of an invading army, near New ed. I have the honor to be, your most obedient serrant, WM. H. CRAWFORD. Hon. Henry Clay, Speaker of the house of representatives. Honors to general Jackson. The late tour of this distinguished commander has given an opportunity to a small portion of his fellowCitizens, to afford an evidence of their regard for his invaluable services to his country. As the fame of such men is the property of the nation, we have cheerfully given up a few pages of our paper to record some of the things that occured. Orleans. After this toast, general Jackson, in a dignified and impressive manner, offered his thanks for the polite attentions and distinguished honors he had received, and expressing his high sense of the gratitude we owed the heroes and statesmen of the revolution, for our present happiness and elevated na tional character, he gave the following toast: The memory of Benjamin Franklin.t The general left Philadelphia on the 19th and reached at New York on the 20th. When the steam boat in which he was arrived off the battery, a salute was fired by a corps of artillery stationed there; and on landing, he was escorted by the "Governor's Guards" to the City Hall. Previous to his arrival, We have already noticed his passage through the common council had met and acting in the name Baltimore, proceeding eastward, and assigned the of the citizens of New-York, voted to him the freereasons why this patriotic city did not offer to himdom of the city, in a gold box, with suitable inscripthe first testimony of public respect-the people being unadvised of his expected arrival, and it was a continued snow storm during his short stay with He was however,waited upon and the arrangements made for those things which took place on 13. his return. tions, passed a resolution requesting his portrait, and appointed a committe of their own body to receive him and wait upon him during his stay. A very respectable committee of the citizens had also invited him to partake of a public dinner, which the warrior frankly accepted of; and major gen. Morton, in a very handsome general order, directed the division of artillery to hold itself in readiness to honor him by such services as might be required, &c. It was He dined with the mayor on the day of his arrival and attended the theatre that evening. crowded to excess, and he was received with shouts of applause that for a considerable time suspended the performance. Arriving at Philadelphia, the general was waited upon by the militia officers of the division, on which occasion a neat address and reply were delivered and received.* On Thursday the 18th ult. he dined at the Washington hall hotel, a large and very respectable company being present-major Pierce Butier, presided, assisted by Charles Biddle and Chandler Price, esquires, as vice presidents. The The next day he partook of the public dinner *Philadelphia Feb. 19.-The officers of the 1st di-prepared at Tammany Hall, which was tastefully devision Pennsylvania militia yesterday assembled to pay their respects to major general Jackson; when general Cadwalader, at the request of the meeting, addressed him as follows: sion. corated for the occasion. The mayor presided, supported by several most respectable vice presidents. The company consisted of nearly four hundred persons. The toasts were all exceedingly good; we se General, The officers of the militia of the 1st di-lect the following as specially belonging to the occavision, who now wait upon you, desire me to express the high respect they entertain for your valor and Andrew Jackson-The saviour of the south: while patriotism, and the satisfaction they feel in seeing a- the Mississippi bears her tribute to the ocean, his mongst them a man,to whose consummate prudence, name and his deeds want no other remembrancer. skill and energy the nation is so largely indebted; The Spartan band of modern story-The volun whose name, identified with the glory of our coun-teers of Kentucky and Tennessee on the ramparts try, naturally excites the recollection of her proud- of New Orleans. est achievments. I make this communication in behalf of major general Worrell; and permit me to add, that in these sentiments of my brother officers, I most cordially participate. REPLY. The other toasts were, the president-the vice president-the constituted authorities of the United States-the United States-Washington-Franklin; agriculture--commerce-domestic manufactures-the sovereign people-new states-the army→→ the navy-the militia-John Adams-Thomas Jefferson-James Malison, &c. with appropriate comwas, the governor of the state-De Witt Clinton. Gentlemen, To meet you and the militia officers of the 1st division affords me the highest gratification.pliments or appendages. The general's volunteer The military ardor and patriotism,ever evinced by the citizens of Philadelphia and the adjoining districts; their zealous devotion to the constituted principles of our government; is the utmost pledge that they will ever prove the guardians of their country's liberty in peace; in war, its bulwark and defence. On the 22d, there was a very splendid ball and supper in honor of Washington's birth day, but the opportunity was also embraced to honor the gene The memory of Washington was one of the re guiar toasts. It would be well generally, to associate For the polite attentions with which you have the names of these illustrious dead together. The been pleased to honor me, and the flattering opi-nature of their services to their country and to mannion you have expressed of my services, permit me kind, was different, yet each gave equal lustre to to present to you and your associates my acknow-the American character, and will long be cherished ledgements. ANDREW JACKSON. in the hearts of the good and enlightened of every To major gen. Worrell and brig, gen. Cadwalader. land. 29 ral. Every thing was in great stile-700 persons were present. We have a long description of the great pride in being able to claim you as our felornaments of the rooms, &c. When the general en-low-citizen, and in placing the portrait of one who Permit me also to assure you, that we shall feel tered he was saluted by a discharge of artillery has deserved so well of his country in our gallery, from a miniature fort raised on the orchestra. "The already occupied by the resemblances of many who supper room (says the account) was thrown open at have similar, though no one superior, claims to our 12 o'clock, and so numerous was the company that grateful acknowledgments. there was scarce room for the ladies. Over the head of this elegant table was a transparency with this motto, "In the midst of festivity, forget not the services and sacrifices of those who have enabled you to enjoy it 14th October 1780. 8th of January, 1815." This was surmounted by a bust of Washington, rowned with laurel. From the joy and hilarity that prevailed, we calculated on a complete exhaustion of animal spirits in order to account for a certain flagging that appeared after supper; but to our surprise, there was suddenly displayed from the new orchestra,with the swiftness of a telegraph or signal, a flag, on which there was the vivifying motto, DONT GIVE UP THE SHIP!" The effect was electrical-the band struck up "Washington's march" and the ball seemed but beginning!! mon council of the city of New-York has conferred To which gen Jackson made the following reply: by my admission as a freeman of their city, is to me a Sin-The distinguished honor which the comsource of the highest gratification, and will ever be recollected with feelings of the warmest sensidistinguished for their patriotism and zealous atbility. To be associated with those who have been rican citizen. The approbation you have been tachment to the republican principles of our gopleased to express of my humble efforts in the field, vernment, is the most exalted station of an Amesentiments am I indebted to the bravery of the troops I had the honor to command. command my grateful acknowledgments, for those erred in the discharge of my official duty, that What I have done was for my country; had I The diffusion of light upon an assemblage the most devotion to her interest, and a misapplication of brilliant we ever beheld; the taste with which the the means best calculated to promote her happierror would have originated in the warmth of my room was decorated with nearly two hundred flags, ness and prosperity. But to find that my conduct including those of almost all the nations in the world, has been sanctioned by my government and approv combined with the military glitter of about two hun-ed by my fellow-citizens, is a source of happiness une] dred gentlemen in full uniform, interspersed in the dance with the female beauty and elegance of the city,produced an effect of the most pleasing nature." Whenever the general went into the streets, it was difficult to find a passage through them, so great was the desire of the people to see him. The following was the address of the mayor of New-York, on carrying into effect the resolutions of the city council: MAJOR-GENERAL JACKSON-No task could be more February 23, 1819. gratifying to me than that which I am now to perform. I am to congratulate you in behalf of the common council, and of our fellow-citizens, on your arrival among us. We are happy to avail ourselves of the first op portunity of testifying, by every mark of respect, the feelings your high military services have inspired: qualled in the occurrences of my life; for the proud- ANDREW JACKSON. poration, to whom he made an appropriate reply. The following is an account of the proceedings of He was also handsomely addressed by the corthe Tammany Society, a powerful body of republicans in New-York. Tammany Society, or Columbian order, liest pleasure in transmitting to you the unanimous While the whole country was agitated by the the early interest we took, in publicly expressing threatened invasion of a powerful foe, we could not our undivided determination to defend your HONOR, The date of our resolutions, sir, will show you but learn with anxiety that he had directed a large your disinterested PATRIOTISM, your GALLANTRY and armament to a point where, it was known, he could DECISION, in the arduous conflicts you so happily, only be met by an inferior force, chiefly composed and so gloriously, succeeded in. The very extraof our undisciplined and inexperienced country-ordinary and brilliant events which occurred in men. We knew that Britain, at the end of a con. test which had convulsed Europe for twenty years, had designed her veteran and victorious troops to make war upon us; but the sons of our soil, animated by your spirit and conducted by your wisdom, drove the invaders from our shores, and achieved a victory, which, whilst it raised the character of our country to an elevation that attracted the admiration of the rest of the world, left to every American a debt of gratitude to you, and to our brave brethren who fought with you, which never can be cancelled. With these sentiments, allow me to present to you this certificate of your being admitted a free man of this city, and to thank you for your compliance with the resolution of the common council, requesting your portrait. terminating the late glorious war with Great Britain, have stampt, with imperishable eclat, the American name; especially, the transcendant scene which closed the last act, of inflated British pride and folly at New-Orleans. To you, sir, under the Divine auspices, and the amor patria of our brave, our virtuous, western brethren, our country is indebted for the result of that most unprecedented day. claimed the dread fiat of that eventful morn! Terra Columbia's voice, in peals of iron thunder, proelements were hushed! Mars and Bellona retired from the ensanguined field! and god-like peace rewas drenched with human gore! The perturbed sumed her gentle reign! But how transitory are the fleeting views and hopes of credulous man!the furies are again unchained, personated by the |