quence, you made known to me, that the United to gratify this government was great, and that it purchase, and observed that possession was not I am, I leave to your impartiality and justice, and to belonged to me formerly, that I had ceded it to that of the whole world, to say, if, on the part of him who had sold it, such as he had delivered it, his majesty, a more positive proof is wanting of the and in no greater extent; and that, consequently, interest which he takes in arranging these affairs he could not transfer to you more than I had given in a friendly manner, and, if I should not find my- to him. You and I refer to the seller, and he self more authorized to doubt of equal dispositions tells us that he never sold the land to you which on the part of the United States, in consequence you require, and never obtained it from me, nor of the proposition which you made me, not only had an intention of acquiring it. Notwithstandof not giving any thing in exchange for the two ing this declaration, which is decisive and irrevocaprovinces, and the cession of which the U. States ble, I, from motives of friendship for you, and to desire, but requiring that his majesty should cede do away all doubt on the point, propose to you to them a part of another, which has been in the that we should discuss the affair in a friendly manuninterrupted possession of his majesty for more ner, and assure you, that if you present to me than two hundred years. nevertheless, very A firm and permanent arrangement of all points of passionately, if this proposition could be considered far from judging it thus. to you, I am ready to give it up. I ask you, disunquestionable documents to prove that it belongs difference, is equally useful and necessary to both as inadmissible. I go further. I, who am anxious nations. It ought to fix the basis of the happiness to accommodate you because you are my friend' of their respective subjects and citizens; and to and a good neighbor, knowing that you desire to obtain this, it ought necessarily to be founded in get part of my territory to round out yours, and justice, equity and mutual convenience. His ma to facilitate the exportation of your produce, as jesty is disposed to conclude it on these terms; and there is a navigable river passing through it, carry he has too much confidence in the well known my friendship and condescension so far as to say rectitude of this administration to think that it could to you, that we will agree between ourselves, by a solicit it on other terms. You are pleased also to inform me, in your es- this being settled, I am ready to cede to you the friendly investigation, what belongs to each; and, teemed note, that to the propositions which I have lands you desire, for an equivalent founded in suggested as worthy of the consideration of my go-equity, justice, and reciprocal convenience, fixing vernment, that of the United States cannot agree; the limits between us in such a way that our and that abandoning the arrangement of limits, you servants should not engage us in quarrels and desire only to know if I am disposed to sign a con- contests, as, it being our desire to live in the vention for settling the injury sustained by the greatest harmony, we were equally interested in American commerce, and for the suppression of the avoiding every subject of difference. deposite at New Orleans. As the propositions which I have made to you inadmissible? I believe not. Such, then, neither, say to me that these friendly propositions, are Will you were confined solely to the leaving to your elec-more nor less, are those which I have suggested tion whether we should treat, by discussing and to you in my former official note, and renew to you fixing in a friendly manner the respective rights by this, hoping that, taking them into serious conof each power, to the end that, having agreed to sideration, you will view them as just, equitable, and them, and the obligations of each upon the other even generous. being known, the compensation to which each may You cannot but know that the convention you be entitled might be settled: or that, leaving things propose, limited to the indemnification for injuries to remain in the state they were, we might agree done to the American commerce, by the cruizers in a friendly manner as to what would suit each-1 and tribunals of Spain, and by the suppression of cannot conceive that the United States should be of the deposite at New-Orleans, will not accomplish opinion that they cannot agree to any of these points. fully the object which the two nations propose to I would offend my own delicacy if, after being themselves, of extinguishing all disagreements. assured by you that the United States were dis- Nevertheless, to give another proof of the deferposed to terminate all the differences which existence of his majesty to the wishes of this republic, between the two nations by a treaty founded on I agree to the negociation with you on these two justice, equity, and mutual convenience, I could points, and to conclude a convention as to them, in believe that the United States would repel the which shall be embraced the just reclamations only means which, in my opinion, exist to arrive which his majesty shall produce against this goat this end. I judge, then, that I have not explained vernment, and the various arrangements he desires myself with sufficient clearness, or that I have not to place in it for the encouragement of the comwell comprehended you; and I again renew my pro-merce between the two nations, and to avoid injupositions in a plain, clear and demonstrative man-ries, such as those, which, from the want of expli ner, giving you an example which you cannot but citness in the last treaty, have been experienced by find just the respective subjects of both. will add more and it is, that the first point to which you refer, be greatest importance, as I think to the interest of ing founded in the treaty which exists between the both nations, you say, that if you had correctly untwo nations, I will subscribe to it without difficul- derstood the meaning of my letter, at the same time ty; and as to the second, it is of so small an amount, that I manifest a desire to conclude a treaty for the that if I do not succeed in demonstrating to you adjustment of all the differences existing between that these injuries have not existed, or that they Spain and the United States, I do not consider myare much exaggerated, and that the United States self authorised to do so, until I receive the instruchave already admitted that they were satisfied for tions from my sovereign, of which I am in daily exthem, I will have no difficulty even as to them. Ipectation. You ask me if this is the true idea ought likewise to observe to you, that it will be ea- which I had wished to give you, and add, that if it sy to include in this same convention or treaty, a is, although we must both lament the delay, it is provisional arrangement of limits, without detain- not perceived that any advantage can be derived ing us to fix them with exactitude. If the United from entering into the negociation until I receive States do not desire to make an essential change in my instructions. the established limits, fixed by the treaties of In my note above mentioned, I made known to 1763, 1764, 1783, 1795, and 1800, and that this ar-you, with the candor and sincerity which characrangement should only apply to the uncultivated terise me, the causes to which I attributed the delay lands to the north of the Missouri, the boundaries in receiving the instructions consequent on the pow of which were never settled between France and ers which his majesty had given me; and I do not Spain, this question might be left for commission-doubt that the president will have found them as ers, named by each party, and their decision might just, as the reasons I stated to you demonstrating But in that a partial negociation, which did not embrace be considered as part of the convention: any case, the most efficient method of concluding all the points of disagreement between the two nathese affairs will be, that you should have the tions, cannot accomplish the one or the other goodness to say to me, with frankness, what are the which is to get clear of these disagreements, and to real views of the United States, what are the reai take care that 'they are not renewed in future. The and true compensations they are disposed to offer treaty in question ought to provide for the just refor the country they desire to obtain from his ma-clamations of the subjects and citizens of the rejesty. You may be assured that I will support, spective parties; that the limits between the two earnestly, proposals that are just and reciprocally powers should be fixed agreeably to their respective convenient, and that, on the return of the courier, rights, to justice and reciprocal convenience. Finally, I shall be able to sign, under the powers I now it ought to comprehend different stipulations analahave, a treaty mutually satisfactory to both parties, gous to the new state of relations of intimacy we, in the mean time, agreeing upon all the articles which is about to be established between the two You cannot but know governments for the greater encouragement of their or minor considerations. that the instructions ought to be adapted to the reciprocal commerce. You know that all these greater or lesser territory of his majesty which the poin s have so intimate a connection with each other, United States may desire to add to their dominions; that it is not easy to separate them, and on the other and that, if they desire none, little difficulty can hand they are of such importance that I consider it occur on the subject of indemnities between two necessary to wait the arrival of my instructions, bepowers animated by conciliatory and just sentiments.fore I conclude definitely a treaty involving affairs I renew to you my respects, &c. LUIS DE ONIS. of such magnitude. Nevertheless, as we cannot but feel this delay very sensibly, which most probably will be short, anxious on my part to lessen Copy of a letter from the secretary of state to the it so far as depended on me, I have suggested to chevalier de Onis, dated DEPARTMENT OF STATE, February, 20, 1817. SIR-I have had the honor to receive your letter of the 10th instant. you that we might begin to discuss the points of least importance, to the end of having the work in a state of forwardness when the instructions should LUIS DE ONIS. arrive; but, since you prefer waiting for their From full consideration of the contents of this arrival, I will agree to what you may resolve on; persuaded that you do not take less interest than I letter, it appears, that, although you expect indo, in fixing the relations of amity between the two structions at an early date, to negociate and con- countries on a footing the most solid and durable. clude a treaty, for the adjustment of all differences between the United States and Spain, which you manifest a desire to accomplish, you do not consider yourself authorised to do so on any one point, at this time. I will thank you to state whe ther I have understood correctly the idea which you intend to convey. In case I have, I have only to remark, that although the delay is particularly to be regretted, it is not perceived, that any advantage can be derived from entering into the negocia tion, before you have received your instructions. I have the honor to be, &c. CONGRESS. We are compelled to postpone for our next paper the usual journal of the proceedings of congress, when every thing useful for record shall be inserted. The list of acts, however, shews what was done. The following is immediately and extensively interesting: HOUSE OF REPRESENTATIVES. The following is the message of the president, transmitting to the house of representatives his ob jections to the bank bonus bill: To the house of representatives of the United States: JAMES MONROE. Translation of a letter from the chevalier de Onis to the secretary of state, dated, Having considered the bill this day presented to Washington, February 21, 1817. SIR-In the official letter which you did me the me, entitled "an act to set apart and pledge certain honor to direct to me yesterday, you state that you funds for internal improvements;" and which sets had taken into consideration the contents of mine apart and pledges funds, "for constructing roads of the 10th instant, and, confining yourself to one and canals, and improving the navigation of water point only out of many on which it touches, of the courses, in order to facilitate, promote and give security to internal commerce among the several, gislature to provide for them, might be exercised states, and to render more easy and less expensive with signal advantage to the general prosperity.the means and provisions for the common defence," But seeing that such a power is not expressly giv I am constrained, by the insuperable difficulty en by the constitution; and believing, it cannot be feel in reconciling the bill with the constitution of deduced from any part of it, without an inadmissa. the United States, to return it, with that objection, ble lattitude of construction, and a reliance on into the house of representatives, in which it origi- sufficient precedents; believing, also, that the pernated. The legislative powers, vested in congress, are finite partition of powers between the general and manent success of the constitution depends on a despecified and enumerated in the 8th section of the the state governments, and that no adequate landfirst article of the constitution; and it does not ap-marks would be left by the constructive extension pear that the power, proposed to be exercised by of the powers of congress, as proposed in the bill, the bill, is among the enumerated powers; or that I have no option but to withhold my signature from it falls, bany just interpretation, within the power it; cherishing the hope, that its beneficial objects to make laws necessary and proper for carrying into may be attained, by a resort for the necessary powexecution those or other powers vested by the con-ers, to the same wisdom and virtue in the nation, stitution in the government of the United States. which established the constitution in its actual form, March 3, 1817. JAMES MADISON. "The power to regulate commerce among the se- and providently marked out, in the instrument itveral states," cannot include a power to construct self, a safe and practicable mode of improving it, roads and canals, and to improve the navigation of as experience might suggest. water courses, in order to facilitate, promote and secure, such a commerce, without a lattitude of construction, departing from the ordinary import of the terms, strengthened by the known inconveni- dent's objections notwithstanding?" the vote stood On the question "shall this bill pass, the presiences which, doubtless, led to the grant of this re- as follows: medial power to congress. To refer the power, in question, to the clause "to provide for the common Birdseye, Breckenridge, Brooks, Cady, Calhoun, Chappell, Clen YEAS-Speaker, (Mr. Clay) Messrs. Alexander, Archer, Betts, defence and general welfare," would be contrary to ton, Griffin, Haha, Hall, Harrison, Henderson, Herbert, Hopkindennen, Comstock, Conner, Creighton, Culpepper, Forsyth, Gasthe established and consistent rules of interpreta son, Huger, Hulbert, Ingham, Irving, N. Y. Johnson, Ky. Kent, tion; as rendering the special and careful enumera Kerr, Va. Kilbourn, Little, Lovett. Lyle, Middleton. Milnor, Jer. tion of powers, which follow the clause, nugatory Schenck, Sharp, Sheffey, Tate, Taylor, N. Y. Telfair, Wallace, Nelson, Ormsby, Peter, Pickering, Reynolds, Ross, Savage, and improper. Such a view of the constitution Webster, Wendover, Whiteside, Wilde, Wilkin, Thos. Wilson, would have the effect of giving to congress a gene. ral power of legislation, instead of the defined and Wm. Wilson, Yancey, Yates-60. limited one hitherto understood to belong to them; the terms "common defence and general welfare," embracing every object and act within the purview of a legislative trust. It would have the effect of subjecting, both the constitution and laws of the several states, in all cases not specifically exempted, to be superseded by laws of congress; it being expressly declared, "that the constitution of the United States, and laws made in pursuance thereof, shall be the supreme law of the land, and the judges of every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding." Such a view of the constitution, finally, would have the effect of excluding the judicial authority of the United States from its participation in guarding the boundary between the legislative powers of the general and of the state governments; inasmuch as questions relating to the general welfare, being questions of policy and expediency, are unsusceptible of judicial cognizance and decision. sett, Blount, Boss, Bradbury, Carr, Ms. Clark. N. C. Clayton, tion affirmatively, the bill did not pass. List of Acts PASSED AT THE SECOND SESSION OF THE FOURTEENTH An act to repeal the second section of the act concerning the pay of the officers, seamen and ma rines of the navy. duties on imports and tonnage. An act for the relief of Nathaniel Williams. A restriction of the power "to provide for the common defence and general welfare," to cases which are to be provided for by the expenditure of money, would still leave within the legislative pow-for er of congress all the great and most important measures of government; money being the ordinary and necessary means of carrying them into execution. An act for the relief of Wm. Haslett. An act for the relief of Oliver Spellman. If a general power to construct roads and canals, and to improve the navigation of water courses, with the train of powers incident thereto, be not possessed by congress, the assent of the states, in the mode provided by the bill, cannot confer the power. The only cases in which the consent and cession of particular states can extend the power of And act to amend the act authorising the pay congress are those specified and provided for in the ment of a sum of money to Joseph Stewart and An act for the repeal after the present session of thorise certain officers and other persons to ad- constitution. thers. I am not unaware of the great importance of roads and canals, and the improved navigation of-but exercises it only when his vote can affect a *The speaker always as the "right" of voting water courses; and that a power in the national le-'question.-REG. An act for the relief of Henry Malcolm. An act for the relief Jacint Laval. tax, for the year 1816, assumed and paid by said state. An act for the relief of Henry Lee. An act respecting the contracts for the printing An act providing for the division of certain quar- for congress. ter sections in future sales of public lands. An act for the relief of Lewis Olmstead. An act authorising the sale of certain grounds belonging to the United States in the city of Washington. An act for the relief of Alexander Holmes, and Benj. Hough. An act supplementary to the act for the relief of persons imprisoned for debts due to the United States. An act for the relief of Peter Kendall. An act for the relief of certain Creek Indians. An act making an appropriation for opening and cutting a road therein described. An act making further provision for repairing the public buildings and improving the public square. An act authorising a subscription for printing the tenth volume of public documents. An act more effectually to preserve the neutral relations of the United States. An act for the relief of Joseph Summers and John Allen. An act for the relief of Robert Burnside. An act to provide for reports of decisions of the supreme court. An act for the relief of Journonville de Villiers. An act repealing the act for the safe keeping and accommodation of prisoners of war. An act respecting the compensation of certain collectors. An act for the relief of the widow and children of Abraham Owen. late war. An act for the relief of the widows and orphans of the officers,' seamen and marines who were lost in the United States' brig Epervier. An act making additional appropriations for payAn act supplementary to the act further to amending the expences of the army and militia during the the several acts for the establishment and regulation of the treasury, war and navy departments. An act for the relief of certain officers. An act for the relief of John De Castanado. An act to continue in force the 2d section of the act supplementary to the act to regulate the duties on imports and tonnage. An act to authorise the extension of the Columbian turnpike road in the district of Columbia. An act to provide for furnishing the house of the president of the United States. An act making provision for the support of the military establishment during the year 1817. An act allowing further time for entering donation rights to lands in the district of Detroit. An act to set apart certain public land for the cultivation of the vine and the olive. An acting making appropriation for carrying into effect certain Indian treaties. An act to incorporate the subscribers to certain banks in the district of Columbia, and to prevent the circulation of unchartered bank notes within the same. An act authorising the payment of a sum of money to Teacle Savage and others. An act to amend the act of last session making further provision for military services during the late war. An act transferring the duties of commissioner of loans to the bank of the United States, and abolishing the office of commissioner of loans. An act to continue in force an act of 1815 further providing for the collection of duties on imports and tonnage. An act for the relief of Mary Wells. An act for erecting a light-house on the west chop of Holmes Hole channel. An act for the relief of James H. Boisgervais. An act supplementary to the act directing the disposition of money paid to the courts of the Unit ed States. An act for the relief of Francis Cazeau. An act for compensating Peter Hagrer. An act to repeal so much of acts now in force as authorises a loan of money or an issue of treasury notes. An act to continue in force the act establishing trading houses with the Indian tribes. An act for the relief of Peyton Short. An act providing for the more prompt settlement of public accounts. An act making appropriations for the support of the navy, during the year 1817. An act repealing the assessment and collection of the direct tax. An act authorising the payment of a sum of mo ney to Nathaniel Seavy and others. An act for the relief of the widow and children of Arnold H. Dohrman. An act to fix the peace establishment of the ma rine corps. An act for the relief of William Chism. An act for the relief of George Buckmaster. An act authorizing the payment of a sum of money to Georgia, under the articles of agreement and cession between the United States and that state. An act for the relief of Caleb Nicholls. An act respecting the district court of the United States in the nothern district of New York. An act for the relief of Madame Montrieul. An act to amend the act, authorising the payment of property lost, captured or destroyed, by the enemy while in the military service during the late war. An act authorising the secretary of the treasury to remit certain duties therein mentioned. An act to provide for the due execution of the laws of the United States in the state of Indiana. An act to continue in force the act relating to settlers on the public lands. An act authorising the deposit of papers of foreign vessels with the consuls of their respective nations. An act to amend the act granting a bounty in lands and extra pay to certain Canadian volunteers. An act for the relief of Joseph I. Green. An act to authorise the re-payments of certain alien duties. An act to regulate the trade in plaster of Paris. An act for the relief of Isaac Lawrence and others. does not appear to have been used with so little An act for the relief of Peter Caslard. ceremony as heretofore-they rather overawed than forced the mobs; a happy policy for the occasion, and probably pursued at the requisition of the lord mayor-for violence would only have increased the fury of the populace. At 10 o'clock in the evening all was quiet-some few of the rioters were made prisoners-a chief of them, named Watson, escaped. Many houses were injured-London has not, for many years, exhibited such a scene of outrage and tumult. The stocks had a momentary fall in consequence. An act making provision for the location of lands reserved by the first article of the treaty of 1814, Between the United States and the Creek Indians. An act to amend and explain the act giving pensions to the widows and orphans of persons slain in the public or private armed vessels of the U. States. An American ship has recently arrived at Lon. An act concerning invalid pensioners. don, with £50,000 worth of British goods, from An act authorising the people of the western part | Philadelphia-another, so laden, had arrived at Liof the Mississippi territory to form a state govern verpool, from New-York. ment and for the admission of the same into the union. An act for erecting a territorial government in the eastern part of the Mississippi territory. Resolution for admitting the state of Indiana into the union. Resolution to employ John Trumbull to compose and execute certain paintings. Foreign Articles. ENGLAND, &c. The bank of England is about (partially) to resume specie payments. A requisition has been presented to the high sheriff of Westminster, desiring him to convene a meeting of the inhabitants of Westminster, to take into consideration the sentence passed by the court of king's bench on lord Cochrane. To this requisition, the high bailiff has felt it his duty to reply, that he does not think the proceedings of a court of judicature a fit subject on which to assemble the inhabitants for public discussion. Lord Cochrane's fine of £100, for breaking prison, has been paid by his friends, at one penny cach. This was the limit of the subscription. The most prominent article of intelligence in our papers is an account of an alarming riot, or "insurrection," as the Courier calls i, at London, Riot at Dundee.--About the 5th Dee. a mob of on the 2d of December. A large body of the peo 2000 persons collected at Dundee, and destroyed ple met at Spa-Fields, to hear the report of Mr. and pillaged upwards of 100 shops, chiefly of mealHunt, who had been deputed by a previous meet-sellers, before they were quieted. They also fired ing to deliver an address to the prince regent. The a house. report was far from satisfactory, and the crowd ma- At Chippenham, in Wiltshire, a mob destroyed a nifested a determination to obtain that redress by very extensive mill, with a large quantity of grain. force which they had petitioned for in vain. A num- At Sheffield a mob paraded the streets with a loaf ber of flags were displayed, on which were inscrib- of bread, soaked in blood, stuck on a pole. ed, “Nature, truth and justice"-"Feed the hungry” | At Bristol a very large meeting of the people was -"Protect the oppressed”—“Punish crimes," two of held, at which resolutions, of a very decided chathese were tri-colored; a white flag had this motto, racter, against the administration of affairs, were "The brave soldiers ure our brothers; treat them kind-passed. ly." After being addressed in warm and intempe. The riot in London appears to have had a much rate language, to which the people replied in the more alarming character than was represented in most earnest nnd determined manner, they march- the papers. ed into the city in three grand divisions, where the The duke of Wellington as suddenly returned to police, supported by the military, were prepared to France as he arrived from there. His mission is receive them. They, however, pushed forward, and understood to have had some connection with the in a short time, by breaking open arm shops, were fact that France was unable any longer to pay her pretty well supplied with muskets, pistols and "deliverers." swords; and many were armed with bludgeons. All The Luddites are still in great force at Nottingsorts of business were suspended-many of the pub ham-committing occasional depredations. lic offices, and most of the stores in the principal Grain has not risen in price in England so much streets, were shut up-a report prevailed that these as was expected. There had been considerable suprioters were acting in concert with others in differ-plies from the continent. Dantzic wheat, however, ent parts of the kingdom, and all was tumult and sold as high as 132s. per quarter. consternation. An attack upon the tower was ex pected-the gates were shut, the drums beat to arms, the cannon loaded, and every thing prepared for a siege. The lord mayor of London has purchased in Smithfield market a bullock, to have it slaughtered and cut up in joints, in order to judge of the profits of the retail butchers. He has likewise purchased The details of the proceedings on this occasion a sack of flour, to be made in loaves, for the purwould fill half our paper. The lord mayor exhi- pose of ascertaining the actual gains of the bakers. bited astonishing firmness and perseverance, and it A letter from a gentleman who resides in Devonwas probably owing to his popularity, more than shire, states, that his family is supplied with the any thing else, that the mobs were dispersed. The best butchers' meat at 34d. per pound, and he has populace cheered him wherever he appeared, though a right of making choice of whatever joints he they fired upon his party for making prisoners of wishes to have. some of their comrades. Many persons were wound- Stocks, Dec. 31.-3 per cent. consols. shut; do. ed in the various rencontres, but it does not ap. for opening, 63 34-48ths; red. 62 15-28ths. pear that any were killed on the spot. The Bank, Representation-In the town of Kilmarnock, ScotIndia House, Exchange, &c. were garrisoned with land, containing 13,000 inhabitants, there is only soldiers, and detachments of troops were passing one person who has a right to vote for a member of through the city in every direction. The military parliament! |