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We were passing Bulford, about two miles before we reached Amesbury, when we observed the Serjeant-major and Butcher's uncle, who was another Serjeant, in deep and serious conference, upon which I exclaimed, by G-d, Butcher, your uncle and Pinkney are holding a council of war; and I will bet my life that some new difficulty will arise, so as after all to prevent our marching to the scene of action.
Canning also had to admit that he had strained Erskine's words, in reaching his conclusions as to the willingness of Madison and his advisers to allow the enforcement of the Non-Intercourse Act by British cruisers; while Pinkney entirely disclaimed intending any such opinion as Canning imagined him to have expressed.
Turning his "blind ear," as some one said, to Pinkney, he announced, as soon as he took his seat, that the judges had come to a conclusion during the vacation. He then read one of his great opinions, in which he held that the college charter was a contract within the meaning of the Constitution, and that the acts of the New Hampshire Legislature impaired this contract, and were therefore void.
All this effort, however, was well applied, as was found when the court came together at the next term. In the interval the State had become sensible of the defects of their counsel, and had retained Mr. Pinkney, who stood at that time at the head of the bar of the United States. He had all the qualifications of a great lawyer, except perhaps that of robustness.
"Acts of cruelty, without number, fell under my observation while I lived in Georgia. I will mention but one. A slave of a Mr. Pinkney, on his way with a wagon to Savannah, 'camped' for the night by the road side. That night, the nearest hen-roost was robbed. On his return, the hen-roost was again visited, and the fowl counted one less in the morning.
Pinkney at his own house, where he shewed me how he had alway kept the Lion and Unicorn, in the back of his chimney, bright, in expectation of the King's coming again. At home I found Mr. Hunt, who told me how the Parliament had voted that the Covenant be printed and hung in churches again. Great hopes of the King's coming again. To bed. 6th. Sheply and we both went up to my Lord's lodgings at Mr.
In the course of the spring Pinkney embarked in the frigate "Essex" for the United States. He had no successor until after the War of 1812, and the Non-Intercourse Act remained in vigor to the day of hostilities.
Monroe had already expressed the opinion not to Jefferson, who had refused to ratify, but to a common intimate that had the treaty of December 31, 1806, signed by himself and Pinkney, been accepted by the Administration, none of the subsequent troubles with France and Great Britain would have ensued; that not till the failure of accommodation with Great Britain became known abroad was there placed upon the Berlin Decree that stricter interpretation which elicited the Orders in Council, whence in due sequence the embargo, the Eastern commotions, and the present alarming outlook.
"Pinkney, Pinkney, my boy! how are you? And this is your little 'prop'? your quarter-section, your country-seat, that we've been trespassing on, eh? A nice little spot, cool, sequestered, remote, a trifle unimproved; carriage-road as yet unfinished. Ha, ha!
American State Papers, Foreign Relations, vol. iii. p. 393. Annals of Congress, 1810-11, p. 990. Pinkney to the Secretary of State, Jan. 17, 1811. American State Papers, Foreign Relations, vol. iii. p. 408. Foster had succeeded as chargé d'affaires in May, 1809, by the departure of Merry, formerly minister to the United States.
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