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sent regime, inspiration is not permitted. Had Joanna Southcott, Parson Towzer, &c. gone over to that country, instead of making converts, they would have been sent to the gailies! Who, therefore, wiłł attempt to deny, that ours is the misdest of all possible governments, and Lord Ellenborough the most moderate of aii possible judges? Mr. George Houston, to be sure, who composed that most diabolical book entitled “ Ecce Homo,” is on the opposite side of the question. He wants to prove—what I shudder to think of-of course dare not repeat –and the poor man in France who set himself up as being “Je Bon Pi, u,” the good Gud hims if, is sent (in order to convince the world of his ini-take) to prison for five years But his followers, I understand, swear, that this is a certain evidence of his divinity, and impiously appeal to historical proofs, whether an instance is not to be found, some where or other, of a man being even put to death for a similar offence, and yet becoming afterwards the founder of a religion so powerful, that to express a doubt of its divinity sabjected every unfortunate disbeliever to fine, imprisonment, and its whole train of concomitant evils. I give you the text. I leave the commentary to your readers; and am, &c. - - Feb. 9, 1815. , PHILO-CI v Is.
the power of Napoleon. This unfortutunate expression was immediately laid hold on by a faction: Gustavus was declared insane by his subjects, dethrolied, exiled, and, ever since, has lived in retirement, on the scanty pittance which the humane and charitable were willing to bestow on fallen royalty. Now, however, he seems disposed to assert his rights, and if an article from Basle is to be credited, he has employed Sir Sydney Smith as his agent, to present a declaration to the Congress at Vienna, of which the substance is said to be a revocation, on his own part, and in behalf of his son, of the act of abdication by which he resigned the crown and government of Sweden.— Without attributing any improper motives to the interference of a British Minister in a business of this nature, I cannot help thinking that the appearance of this deelaration at the present moment, is more for the purpose of alarming Ber. nadotte, the Crown Prince of Sweden, than from any regard to the rights of the exiled monarch. How, indeed, can it be otherwise, when the case of the un: fortunate sovereign of Saxony is considered –As to him neither rights, justice nor policy are respected. It must, therefore, have been to promote some other object than that of asserting the personal ciaius of Gustavus, that he has been brought upon the carpet; and when the attempts which have lately been made by an infamous press, to bring the King of Naples into discredit are recollected, it will excite no surprise if it should turn out that the present is a scheme to favor some project, perhaps not yet fully matured, of dethroning Bernadotte. Whether this conjecture is well founded or uot, a very short period will determine. Meanwhile I am your admirer. JULIAN.
mis-statement, “the temporary rank Ma“jor General Waggon Master General' not having, succeeded in his application to become a Member of the “Fraternity.” It was indeed hinted that he was to have been one of the Pen and Ink Knights; but Mr. Canning having claimed Lord Cochrane's Vacancy, as you explained in a former Register, no Niche, sufficiently capacious, could be found for him.— Mr. Canning, it is said, generously of fered to wave his claims in favour of the “Temporary Rank General,” (in compliment to the Commander in Chief) but a doubt then arose as to the possibility of admitting him, as, in that case, Mr. Nalder, the worthy and respectable City Marshal, insisted upon being decorated with the Order, declaring that on the occasion of Sir Francis Burdett's commitment to the Tower, he had seen much more “dangerous service,” in marshalling
the carriages in order of march, than .
the “Temporary Rank” Major General ever saw in his whole military career, from his first “.. official situation” as Artillery Serjeant's Clerk, up to his present high office of superintendant of the Horse Guards! Lord Cochrane has certainly to regret his exclusion from the “honourable “Order,”under the present circumstances, for, unquestionably, he would have inade many most respectable and valuable acquaintances, which he is now deprived of. I beg leave to intrude one other remark: —As your Register is in very general circulation, no doubt some of your correspondents can favour me with information, as to what is the meaning of Temporary Ičank ; how long does it last; or does temporary mean “permanent " Every “Temporary Rank Officer” in the whole Army has been long ago reduced : what therefore are the peculiar claims or merits of Temporary Italik Waggon Master Major General, Digby Hamilton, that a most invidious exception should be made in his favour? Have the fatal comisequences, attendant on secret influence been forgotten ? Or, are the private services of the “ Major General,” of such a nature as to demand that he should continue to receive a large annuity, and very great emoluments; such as forage for his horses, coals, candles &c. thus saddling the public with an enormous expence, without any apparent duty being performed for it? If this is an erroneous statement, some of your Cor
which so frequently attend it.
after having submitted to be slaves when under authority, avenge themselves by becoming tyrants.--I am confirmed in this opinion by a circumstance which your correspondent, I believe, will not deny, that so far as his statement regards the procuratorial office, the greatest abuses have, generally speaking, (though it must be owned there have been occasionally somo striking instances to the contrary) been committed by the youngest illen, and that the pro-proctors, who properly should only act in the absence of the proctors from the university, or by their immediate concurrence and advice, as the name of the officer imports, (procurator, i. e. the deputy's deputy) are more frequently to blame than their superiors in office. Indeed, it generally happens, that one or other of these young gentlemen, (for I do not accuse them all) through his extreme indiscretion, and ardent desire to silew and exert his power, will act in direct opposition to the good intentions of his superiors,who, unhappily, when an error has been committed by
olio or other of the said pro-proctors,
think proper to support his authority, however ill-advisedly it may have been exercised. This is a very coulinois cause of abuse, and of the injustice and cruelty I reineinber an instance, not many years ago, of a quarrel in a house between two women, being construed into a riot, and on an in:
|formation being laid by some ill-natured
person, the house was visited by one of the pro-proctors; though even if there had been a riot, it would not have come under his jurisdiction, but under that of a common peace-officer, as the university statutes, taken in their most rigid sense, only authorise its officers to enter houses in order to ascertain whether any members of the university are in them. The women, however, were taken before the officer who had the power of commitment, and instead of being dismissed by him with a reprimand, and a private hint being given to the pro-proctor to act with greater caution, were sent to prison. I cannot kelp observing, that out of six persons invested with so much power, there is great probability that one at Jeast will be ill-conditioned or wrongheaded; and to see the extreme officiousness and encreased activity of such a Inan as the termination of his short-lived power approaches, is highly ludicrous. It is sometimes the heighthof his ambition to procure a nomination to the office for two or three successive years. Of the truth of your correspondent's statements, I am perfectly convinced by my own observations and inquiries; and I perfectly agree with him that neither the discipline nor morality of the University has been improved by the means he so justly censures. It may perhaps be said, that it is the duty of the officers of the University to exert themselves in the suppression of immorality. This T am ready to grant; but let it at the same time be remembered (to use the words of your correspondent, in his first letter) that “they are not justified in punishing offenders beyond the limits marked out by the law”; that “the profligate should be puñished, and punished according to the known and equal law of the land, and not with greater severity than that allows; and that by good magistrates, reformation will always be preferred to severity of punishment.” Your correspondent was too sanguine in his expectations that the windows of the cells in the prison would be immediately closed with glass. This is the case in the most modern and the best constructed prisons; but here it has not been done. I cannot help expressing my hopes, though, perhaps, I myself may be too sanguine in entertaining them,that the city magistrates will at some future time see the necessity of this humane alteration; that they will
consider imprisonment, in its legal sense, as merely implying confinement in a
prison, which, considering the misery
and privations necessarily attending it, even in its best state, must be verywretched, without subjecting the prisoners to any unnecessary hardship, or exposing their healths to irretrievable inJury. ship continues, and in inclement weather, it is of the most severe description, as well as the extreme danipness of the prison, it is hoped that the humanity of the Vice-chancellor, will duly consider each particular case before he consigns a female to a punishment that may prove so injurious to her health and constitution. If we look into history, we shall find that Parliamentary interferrence has never been of much advantage either to the Universities or the Clergy. I confess, however, that such interference, whatever may be the consequence, would be more satisfactory than the constant irritation arising from a scene of cruelty and oppression, which will always exist, more or less in a place where the inhabitants are deprived of the protection of the common law of the land. I shall only add, that the good sense of those so it may more immediately concern, should suggest to them, that in these days, such measures as were lately put in practice, and which, it is hoped, will never be revived, are not well adapted to perpetuate privileges.
Oxford, Feb. 1, 1815. H. S.
AMERICAN Docu MENTs.
Continued from page 160. the acknowledged principles of public law, and to the practice of all civilized nations, particularly of Great Britain and the United States. It is not founded on reciprocity. It is unnecessary for the attainment of the object which it professes to have in view. No maxim of public law has hitherto been more universally established among the Powers of Europe possessing territories in America, and there is none to which Great Britain has more uniformly and inflexibly adhered, than that of suffering no interposition of B foreign power in the relations between the acknowledged Sovereign of the territory, and the Indians situated upon it. Without the admission of this principle, there would be no intelligible meaning attached to stipulations establishing boundaries between the dominions in America of civilized nations possessing territories
As long, however, as this hard
the relations of Indians to the nation in whose territory they are thus acknowledged to reside, they cannot be considered as an independent power by the nation which has made such acknowledgement. That the territory of which Great Britain now wishes to dispose is within the doininions of the United States, was solemnly acknowledged by herself, in the Treaty of Peace of 1783, which established their boundaries, and by which she relinquished all claims to the government, proprietory and territorial rights, within those boundaries. No condition respecting the ladians residing therein was inserted in that Treaty. No stipulation, similar to that now proposed is to be found in any treaty made by Great Britain, or within the knowledge of the undersigned by any other nation. The Indian tribes for whiclí Great Britain propose now to stipulate, have themselves acknowledged this principle. By the Grenville Treaty of 1795, to which the British Plenipotentiaries have alluded, it is expressly stipulated, and the condition has been confirmed by every subsequent Treaty, so late as the year 1810—" That the Indian tribes shall quietly enjoy their lands, hunting, planting, and dwellings thereon, so long as they please, without any molestation from the United States; but that when those tribes, or any of them, shall be disposed to sell their lands, they are to be sold only to the United States: that until such sule, the United State, will protect all the said shqian tribes in the quiet enjoyment of their lands against all citizens of the United States, and against all other white persons who intrude on the same; and that the
* said sndian tribes again acknowledge themselves
to be under the protection of the said limited
States, and of no other power whatever.” That there is no reciprocity in the proposed stipulation is evident. In prohibiting Great Britain and the United States from purchasing lands within a part of the dominions of the latter power, while it professes to take from Great Britain a privilege which she had not, it actually deprives the United States of a right exclusively belonging to them. The proposition is also utterly unuecessary for the purpose of obtaining a pacification for the Indians residing within the territories of the United States. The undersigned have already had the honour of informing the British Plenipotentiaries that, under the system of liberal policy adopted by the United States in their relations with the Indians within their territories, an uninterrupted peace had subsisted from the year 1795, not only between the United States and all those tribes, but also amongs those tribes themselves, for a longer period of time than ever had been known since the first settlement of North America. Against those Indians the United States have neither interest not inclination
inhabited by Indian tribes. Whatever may be
to continue the war. They have nothing to ask of them but peace. Commissioners on their part have been appointed to conclude it, and an armistice was actually inade last Autumn with most of those tribes. The British Government may again have induced sone of them to take their side in the war, but peace with then will necessarily follow immediately a peace with Great Britain. To a provisional articlesimilar to what has been stipulated in soine former treaties, engaging that each party will treat for the Indians within its territories, include then in the peace, and use is best endea. vours to prevent then, from committing hostilities against the citizens or subjects of the other party, the undersigned Inight assent, and rely on the approbation ead ratification of their Government. They would also, for the purpose of securing the duration of peace, and to prevent collisions which inight interrupt it, propose a stipulation which should preclude the subjects or citizens' of each nation respectively, from trading with the Indians residing in the territory of the other. But to surrender both the rights of sovereignty and of soil ove, nearly one-third of the territorii dominions of the United States to a noniber of Indians not Probably exceeding 20,000, the undersigned are so far from being instructed or authorized, that they assure the British Commissioners, that auy arrangement for that purpose would be instants. neously rejected by their Government. Not only thas this extraordinary demand been made a sine 'qua hon, to be admitted without a discussion, ind as a preliminary tosis, but it is accoupaused by others equally *, onissible, wo, oil th; oritis:: Plenipotentiaries state to be so commected with it, that they may reasonably influence the decision of the undersigned upon it, yet leaving them uninformed how far these other demands may also be insisted on as indispensible conditions of a peace. As little are the undesigned instructed or empowered to accede to the propositions of the British Government, in relation to the military occupation of the Western Lakes. If they have sound the proposed interference of Great Britain in the concerns of Indians residing within the United States titterly incompatible with any established maxim of public law, they are no less at a loss to discover by what rule of perfect reciprocity the United States cau be required to renounce their equal right of maintaining a naval force upon those Lakes, and of fortifying their own shores, while Great Britain reserves exclusively, the corresponding rights to herself. That in point of meitary preparation Great Britain, in her possessions in North America, ever ūas been in a condition to be termed, with propriety, the weaker power, in comparison with the United States, the undersigned believe to be incorrect in Point of fact, in regard to the fortificativa of the shores, and to the forces actually kept on foot upon those frontiers, they believe the superiority to have always been on the side of Great Britain. If by the proposal to dismantle the forts upon her shores, strike for ever her military flag upon her lakes, and lay her whole frontier defenceless in the presence of her armed and fortified neighbour, had proceeded not from Great Britain to the United States, but from the United States to Gr, at Britain, the undersigned may safely appeal to the bosoms of his Britannic Majesty's Plenipotentiaries for the feelings with which, not only in regard to the interests, but the honour of their nation, they would What would Great Hritain herself say, it, in relation to another fro:tier, where she has the acknowledged superiority of strength, it were proposed that she should be reduced to a condition even of equality with the United States. The undersigned further perceive, that under the filledged purpose of opening
have received such a proposal.
may be discouined willie demanding in nest ti, or sor the Indians, a cession of territory more extensive than the whole island of Great Britain, the duty uarked out for the undersigned is the same. They have no authority to cede any part of the territory of the United States, to that effect will they subscribe. The conditions proposed by Great Britain have no relation to the subsisting differences between the two countries: they are inconsistent with acknowledged principles of public law : they are founded neither on reciprocity nor on any of the usual bases of negotiation. neither on that of the uti possidetis, or the status ante bellum: they would inflict the most vital injury on the United States, by dismembering the territory, by arresting their natural growth and increase of population, and by leaving their northern and western frontier equally exposed to British invasion and to Indian aggression; they are above all dishonourable to the United States, in demanding from them to
and to no st pulation
*tion territory and a portion of their citizens, to
*not a foreign interterence in their domestic concerus, and to cease to execise their natural rights on their own shores and in their own waters.-A treaty concluded on such terms would be but an artwistice. It cannot be supposed that Anerica would long supruit to conditions so injurious and degrading. It is is possible, in the natural course of events, that she should not, at the first favourable opPortunity, recur to arths of the recovery of her territory, or her rights, of her honour. Instead of settling existing differences, such a peace would only create new causes of war, sow the seeds or a permanent hatred, and laythe soundation of hostilities for an in. definite P riod. Essentially pacic from her politicas institutions, from the habits of her citizens, front her physical situation, America reluctantly eng.:ged in the war. She wishes for peace; but she wishes for it upon those terms of reciprocity, houdurable to both ountries, which can alone render it permanent. I he causes of the war between the United States and Great Bioia having disappeared by the maritime pacification of Europe, the governin-nt of the United States duo's not desire to continue it, in defence of abstract principles which have, for the present, ceased to have any practical effect. The undersigned have beet, accordingly instructed to agree to its termination, both parlies restoring whatever territory they may have taken, and both reserving all “ir “‘hts, in relation to their respective seamen. '• *e the peace between the two nations solid so I imanent, the undersigned were also instructhave been prepared to enter into the anito discussion of all those points on which differences or uncertainty had existed, and which might hereafter tead in any degree whatever to interrupt the harmony of the two countries, without, however making the conclusion of the peace at all depend upon a successful result of the discussion. It is, with deep regret, that the undersigned have seen that other views are entertained by the British Government, and that new and unexpected pretensions are raised, which, if persisted in, must oppose an insuperable obstacle to a pacification. It is not necessary to refer such demands to the American Government for its instruction; they will ou!y be a fit subject of deliberation, when it becomes necessary to decide upon the expediency of an absolate surrender of National Independence. The undersigned request the British Plenipotentiaries to accept the assurance of their high consideration. Joh N QUINcky ADAMs, JAMEs A.BAY A R D, Jon ATHAN liussell, 11. Clay, A. GALLATIN.
(To be continued.)
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