F. J. JACKSON.

On motion of Mr. QUINCY, these papers were ordered to be printed--for

the motion 59, against it 40.

MONDAY, December 18.

Another member, to wit, from New York, HERMAN KNICKERBACKER, appeared,

and took his seat in the House.

THURSDAY, December 21.

_Conduct of the British Minister._

The House again went into Committee of the Whole on the resolution from

the Senate.

Mr. EMOTT concluded his speech against it, as given entire in preceding

pages.

Mr. GHOLSON said, that notwithstanding much had already been said on

the subject before the committee, he hoped he should be pardoned for

occupying a small portion of their attention. The resolution before

us seems to embrace several objects pre-eminently entitled to the

dispassionate consideration of Congress; objects altogether unconnected

with those factions and political dissensions which have unhappily too

long prevailed among brethren of the same common family, and which may

one day prove fatal to political liberty. The first question which

presents itself in the investigation of this subject, involves on the

one hand the veracity and dignity of the American Government, and, on

the other, the character and reputation of a British Envoy, and, in

some degree, of the British Ministry.

In my remarks on this subject, I consider it regular to commence with

the origin of the mission from Great Britain to the United States; out

of which has arisen the present unpropitious posture of the affairs

between the two countries. What, sir, were the circumstances under

which that mission was despatched here? In the month of May last,

it was known to the British Ministry that a commercial arrangement

had been made by their Envoy resident here, (Mr. Erskine,) with the

American Government, but under the allegation that it was made contrary

to instructions, it was no sooner known than it, and the Minister

making it, were disavowed. Mr. Jackson was then appointed to substitute

Mr. Erskine, the disavowed agent, and at the time he (Mr. Jackson)

was sent to this country, it was well known by the British Ministry

that the Government of the United States stood solemnly pledged to the

American people to maintain, and that they had inviolably and steadily

adhered, to certain points and principles in our differences with

England, a surrender of, or departure from which, would be a sacrifice

of the honor and best interests of this nation.

Yes, sir, when they well knew that, in the affair of the Chesapeake,

our Executive would not, and the voice of almost the whole nation

had pronounced that he ought not to make the first advance to a

reconciliation, Mr. Jackson was charged, not only to require the first

advance from us, to wit: that in the document which should contain

the adjustment of that affair, the revocation of the President's

proclamation of 1807, interdicting the British armed ships from

our own water, should be recited as an indispensable preliminary;

but to require from us also the violation of the principles of our

naturalization laws, by insisting on the surrender of foreigners who

had become naturalized. As to the Orders in Council, we know not what

specific propositions he was charged with in relation to them. As far

as we are able to deduce any thing from facts before us, it must be

understood that the British Government had determined to accept of no

conditions for the repeal of the Orders in Council except such as had

been previously declared on the part of the American Government to

be inadmissible. Notwithstanding what has been said by the gentleman

from New York, (Mr. EMOTT,) I think it is easily to be demonstrated

that the British Government did not intend to make any arrangement

different from that contemplated by the celebrated instructions of the

twenty-third of January, transmitted to Mr. Erskine. If the British

Government, so recently as May last, disavowed an arrangement, and

recalled its Minister, under an allegation that he violated his

instructions, was it to be supposed that they would, in two or three

months, so far change their policy as to authorize an arrangement on

the same principles that they had just rejected? Certainly not, sir.

It is evident that such an accommodation could not have been designed,

because Mr. Canning says that such measures must be adopted as should

secure the objects of the Orders in Council. That they did not by this

mean the mere continuance of the non-intercourse law as to France,

is manifest; for Mr. Canning says to Mr. Pinkney, that a repeal as

to Great Britain, would be a repeal as to the whole world, unless

the British Navy were to be permitted to enforce the law interdicting

intercourse with France by the seizure of such vessels as should be

found violating it.

These, sir, were the circumstances under which the mission commenced.

What were those that characterized its progress and termination? I

think it very easy to show that the conduct of the Minister himself,

after he arrived, partook strictly of the same character as the conduct

of the Ministry who sent him. I think I have shown that the disposition

manifested by the Ministry in sending him here was insulting to this

country. Let us next inquire into the character disclosed, and the

conduct displayed by that Minister after his arrival. And, in this

inquiry, without wading through all the documents, which gentlemen can

as well understand by perusing them in their chambers as by hearing

them read here, I will merely advert to the offensive expressions used

by Mr. Jackson, and to the manner in which those expressions were met

by the Secretary of State. By doing this, it will be very discernible,

not only that the facts stated in the resolution are sustained by the

correspondence, but that the resolution does not go so far as facts

would warrant. In Mr. Jackson's letter of the 11th of October, he says,

that the arrangement with Mr. Erskine was made under such circumstances

as could only lead to a disavowal. If the circumstances were such as

could only lead to a disavowal, they must have been dishonorable, and

Mr. Jackson, by intimating that our Government had a knowledge of

these circumstances, charges it with being _particeps criminis_. Can

any thing be more palpable than this? He expresses this idea in still

stronger terms when he intimates that Mr. Smith had a principal agency

in the misconduct on this occasion. It certainly was not in Mr. Smith's

power to substitute conditions for those which he declined accepting,

but it must have been done by Mr. Erskine. But, notwithstanding this,

he charges Mr. Smith, not only with conniving at a conduct improper

in itself, because it could only lead to rejection of the arrangement

growing out of it, but insinuates that he was the principal actor

in the scene. In Mr. Smith's letter in answer to Mr. Jackson, the

animadversions are too clear in their object to be mistaken. Mr. J.

is informed of the displeasure of the American Government at such

insinuations; and, in the very first letter which was written by the

Secretary of State, he disclaims pointedly having had any knowledge

whatever of the deficiency of Mr. Erskine's instructions at the time

of making the arrangement. And what says Mr. Jackson in reply? He says

again, that Mr. Erskine's instructions were known to Mr. Smith. Sir,

I acknowledge very candidly, that on a superficial perusal of the

correspondence, the charge of falsehood, from the art and adroitness

with which it is wrapt up, does not appear so palpable as when it is

more closely examined. Yet, sir, notwithstanding all knowledge of the

instructions had been denied by Mr. Smith, Mr. Jackson reiterates

the assertion that they were known. Do gentlemen say that there is

no insult in this? That there is nothing wrong in the assertion of a

knowledge on the part of the Secretary of State which he had before

formally and solemnly disclaimed. In Mr. Smith's letter to Mr. Jackson,

of the first of November, he intimates to Mr. Jackson that a language

implying such a knowledge on the part of the American Government, was

altogether inadmissible. What is Mr. Jackson's reply in his letter of

the 4th of November, which is the last communication that a proper

self-respect on the part of the American Government would permit it

to receive from him? After again insinuating that our Government had

a knowledge of Mr. Erskine's instructions, he says: "That any thing

therein (in his former letter) contained may be irrelevant to the

subject, it is of course competent to you to endeavor to show; and as

far as you succeed in so doing, so far will my argument lose of its

validity; but, as to the propriety of my allusions, you must allow me

to acknowledge only the decision of my own Sovereign, whose commands I

obey, and to whom alone I can consider myself responsible." In speaking

of the propriety of his allusions, he acknowledges that he had made

them, and does not deny that they are of the character ascribed to

them. This insolent letter is concluded by expressions too plain for

any misconception whatever. He says: "I have carefully avoided drawing

conclusions which did not necessarily follow from the premises advanced

by me, and least of all should I think of uttering an insinuation where

I was unable to substantiate a fact." He here, in fact, recognizes

the insinuation imputed to him, and says he would not have made it if

he could not have substantiated it. Collecting all his insinuations,

on the one hand, and the refutation of them, on the other, I draw the

conclusion that Mr. Jackson not only insulted the Government, but

charged it with one of the foulest crimes--with direct falsehood.

If the circumstances under which he was sent, and his conduct after

he arrived here, were such as I have described, I ask if the occasion

does not require that the American Government should take a firm and

dignified stand? That we should repel insults and respect ourselves?

Shall the authority to whom only is entrusted the most solemn act of

government which can be performed, the act of deciding on the last

appeal of nations, stand by and see the Executive insulted by an

emissary, such as Mr. Jackson was? I hope not, sir.

Sir, I consider the present no time for the causeless crimination

of our own Government, and much less is it a time to countenance

any other. We should discard domestic differences and party spirit,

which, at a juncture like this, may be disastrous to our country. If

we differ among ourselves, in the name of God let us unite against

foreign aggression and foreign insult. It is admitted by gentlemen on

the other side, that both Great Britain and France have done us wrong.

If so, why not unite against the one as well as against the other? A

conduct like this must produce the happiest consequences. If any thing

like union is discovered against insult and injury, I believe in God

that it would not be long ere we met on reciprocal terms of amity. Sir,

for my country, I only desire the rule of right; that we must obtain.

If it is thought I wish any disaster to befall the British nation, I

am misunderstood. I am willing that Great Britain should be great,

happy, and prosperous. I should view her downfall as an inauspicious

event; consequences might result from it which I will not undertake to

estimate; but I hope that the expectation never will be encouraged from

this Hall, that Great Britain can or will receive any terms from us

other than such as are fair, honorable, and reciprocal.

The terms which have been offered to us are not of that kind. I submit

it to gentlemen's own decision. We have long experienced injustice, and

if we are only capable of being firm to our purpose, and adhering to

the principles of neutrality which have hitherto guided the councils

of our country, and especially the enlightened policy of the Executive

department, we shall no doubt obtain justice.

In every view, therefore, it appears to me that the resolution from

the Senate not only is supported by the correspondence laid before us,

but is rendered peculiarly important by the occasion. The appeal made

by Mr. Jackson from the Executive, from the organ with which alone a

foreign Minister can have communication, to the people, to a tribunal

with which he cannot communicate, adds great force to the arguments in

favor of a firm stand on our part. I hope it will be made, and that it

never will be abandoned till we receive that justice which has been but

too long delayed.

Mr. Ross observed: I, for one, am an Administration man, if that

Administration act correctly, whether it shall, in a time of great

difficulty and doubt, insure a prospect of peace with Great Britain,

or whether it may find it necessary in asserting the rights and

independence of the Government to involve the nation in war. I think

the importance of the one course is as great as the other, and I will,

under such circumstances, equally support them when they are likely to

make war as to make peace, however other gentlemen may differ from me

on this head.

Before I proceed to state, sir, what I conceive necessary to

be understood, in order to come to a correct judgment on these

resolutions, permit me to premise that there is more than a presumption

that Mr. Erskine had a power to enter into the arrangement which

he made. 1st. Because he himself declared he had such power. 2dly.

Because he acted in conformity to that declaration; and, 3dly. Because

Mr. Jackson does not deny he had such power. Mr. Jackson does not

pretend to say that Mr. Erskine had not other despatches and other

instructions than those of the 23d of January, and that, in them, there

were not other conditions of a different grade and character from

those contained in that despatch. Hence, I think it is fairly to be

concluded, that Mr. Erskine had the power to enter into the agreement.

It has, however, been said by the gentleman from Connecticut, (Mr.

DANA,) that this is not so much a question of what our Government was

ignorant of, as of what they knew, or what they ought to have known;

and he has entered into a long examination of the mode of commissioning

diplomatic characters, whether by letters of credence or by full

powers, and has drawn a distinction between the two. In the first

place, I apprehend it is in nowise material, to enable the House to

decide on the resolution, whether the President did or did not know

the nature of Mr. Erskine's powers. But it is necessary to rescue him

from the imputation which those are disposed to cast on him who are

desirous to pull down the Administration. What was the amount of the

gentleman's showing on this occasion? That in all cases, in order to

complete a treaty, it is necessary there should be a commission or

full power. But has he shown that it is necessary in order to make a

preliminary arrangement similar to that entered into? I apprehend he

has not. On referring to the letter quoted by him from Mr. Jefferson,

then Secretary of State, to Mr. Hammond, we find the former calling

upon the latter to exhibit his powers to enter into a negotiation;

but Mr. Jefferson afterwards recedes from that demand, and receives

the word of Mr. Hammond that he is possessed of power to negotiate as

sufficient evidence of his being clothed with the proper power without

the exhibition thereof. But the ratification was not withheld, as has

been justly said, because there was an absence of a full power on this

occasion. Mr. Jackson himself states that this was not the ground on

which the ratification was withheld. It must first be proved that it

was obligatory on the Executive to call for Mr. Erskine's full power,

and it must then be proved that he did not, before his observations

can be brought to bear on the question. Where is the proof that the

Executive did not call for those powers? It is not pretended that

Mr. Erskine had not a power to make an arrangement, but that it was

not concluded in pursuance of his instructions. Therefore, if he had

produced ten thousand powers, unless his instructions had authorized

him to do what he did, the British Ministry would have rejected the

terms stipulated for them, as they have done. But why is it necessary

to know, on this occasion, whether the President did call for these

powers or not? The inquiry composes no part of the resolution; it is

neither expressly mentioned nor glanced at; and why this inquiry is

raised, I confess I am utterly at a loss to know, unless it was to

prove that the President of the United States had a knowledge of the

instructions, and that they restricted Mr. Erskine's powers. The

gentleman has not ventured to infer that the President of the United

States had this knowledge, but the course of his argument goes to show

that, in his opinion, he did possess this knowledge. He lays down the

position, that it was the duty of the President to have seen those

powers, and, I presume, supposes that the conclusion will be drawn

that the President performed his duty; and, of course, taking it for

granted that there were no other instructions than those of the 23d

of January, that the President must have seen those instructions, and

consequently have known that Mr. Erskine had not power to conclude the

arrangement. All his argument went to raise a structure to induce a

belief in this House, and in the public at large, that this knowledge

must have been in possession of the President. The gentleman, at the

same time, professes the utmost regard and respect for Mr. Madison.

This, I confess, is following the direction of the poet, who says:

"Damn with faint praise, assent with civil leer;

And, without sneering, teach the rest to sneer."

But let us inquire if the President had any knowledge that Mr. Erskine

had no full power; for if I show, beyond all doubt, that the President

did not know it, all this insidious fabric, which is designed to

produce so many delusions, will vanish at once. I think it is to be

presumed that the President had no knowledge that Mr. Erskine had not

full powers, because he entered into the arrangement. What object could

he have in view which should induce him to conclude an arrangement,

except with full confidence of its being carried into effect? Not

to get rid of the embargo--that had long before been interred by

its fathers with a truly Christian spirit. Not to get rid of the

non-intercourse--because the moment the arrangement was disavowed, the

President breathed life and spirit into that act, and gave it renewed

existence. It was not from any hostile disposition to England, because

he could have no reason to wish for a war. And because, if he had

desired a war with that country, he had no occasion to seek a pretext

therefor, inasmuch as long antecedents, and up to the very time of

making the arrangement, the causes for war against Great Britain were

great and numerous, as has been agreed by all parties. If not to get

rid of the embargo, nor of the non-intercourse, nor for war, what

object could he have, with such knowledge as has been imputed to him,

not expressly, but by inference, in making the arrangement of April?

Will gentlemen be good enough to condescend so far as to assign some

object that the Executive could have had in view from such conduct? For

it is not to be presumed that men, in or out of office, act without

motive and without object. Therefore, hearing no reason assigned why

the President should act thus preposterously, as it is attempted to be

insinuated he did, by those in opposition, it would be reasonable to

conclude that he had no such knowledge. But, in opposition to this

insinuation, also, you have the solemn declaration of the President of

the United States, through the Secretary of State. Humiliating in the

extreme must it be to hear this solemn asseveration questioned, even in

a side-way, in order to support the insolence of a British Minister!

Was it not enough that the country has been enabled to endure, in

order to secure the great object of remaining in peace, insult after

insult, outrage after outrage, and even that the Government should

be insulted by foreign diplomatic characters, without doubts and

suspicions being insinuated by members of this House? Pray, sir, let me

ask this House, or the whole of the United States, what the President

of the United States has ever done in any official character, among

the many which he has filled with honor to himself and reputation to

his country, that the correctness of his declarations, made through

his Minister of State, should be disputed? But I might suffer the

humiliation of going still further into the subject. We have the

word of the recalled Minister, if that be considered more conclusive

by gentlemen than that of the President of the United States, that

he did not communicate his instructions to Mr. Smith. We have, 1st.

The presumption that the Executive had no knowledge of Mr. Erskine's

instructions, because he could have no object in view in concluding an

arrangement with that knowledge; 2d. We have his declaration to that

effect through the Secretary of State; 3d. We have the declaration of

the Minister, whose act was disavowed, to the same effect. What have

we to destroy this proof? The deceptive, poisonous insinuations of Mr.

Jackson. Mr. Erskine repeatedly declared that he had ample powers.

On the news being received during the last session of the issuing of

the order of the 26th April, he declared that he had no doubt his

arrangement would be carried into effect. He, to the last moment,

declared that he acted in the spirit, if not in the letter, of his

several letters of instructions. How, therefore, was it possible for

the President to receive information from Mr. Erskine that he was not

invested with competent power, when Mr. Erskine himself declared and

believed he was, and acted accordingly.

From these considerations I apprehend it most clearly appears that the

President of the United States had not a knowledge, neither was it his

duty to have had a knowledge that Mr. Erskine did not possess powers to

make the arrangement which he did.

TUESDAY, December 26.

Two other members, to wit: from Massachusetts, BENJAMIN PICKMAN, jr.;

and from Virginia, WILLIAM A. BURWELL, appeared, and took their seats

in the House.

THURSDAY, December 28.

_Conduct of the British Minister._

The House again resumed the consideration of the report of the

Committee of the Whole on the resolution from the Senate approving

the conduct of the Executive in refusing to receive any further

communications from Francis J. Jackson.

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