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THE 



BALANCE, 



AND 



COLUMBIAN REPOSITORY. 




Vol IV.... 1805. 



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<* HAIL SACRED POLITV» BV FREEDOM REARED f 

" HAIL SACRED FREEDOM, WHEN BY LAW RESTRAIII'd !'* 

•SATTIE. 



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PUBLISHED BT HARRT CROSWELL. 



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TABLE OF CONTENTS, 

OF THE BALANCE. 






VOLUME IV....F0R 1805. 



>:7» In numbering the pages under'thc different heads of the index, the bundnds are omitted after being once mentioned. 



Editorial andClofct Articles. 
PREFACE— The Hand-Organist, 1 

CheeihaiM growing troublesome, 3 

>edcralism--Sonthern Cn»^oms travelling northerly, 9 
Mitchell's Poetry — Etymology, ' 1 1 

The Union preserved ; — or the plot discovered, 17 
Mr. Elliot of Vermont, 18 

Judge Chase, 25 

Fact and Conjecture— a question answered^ 27 

DueiUng Law<»Sound Principle^, 33 

Management-^Holt — Lullaby, 35 

Peace, peace, 43 

EcoDomy, 49 

Itiberty of the Press, 51 

•Governor Lewis, 57 

Qujurets of the Great, 58 

Wonderful powers of Government— An Offer, 59 
The Press— Hulbert's Speech, 65, 73 

Cheethamvs. Democracy, 67 

Parson Griswold— Salerh Register, 75 

Jud^eChase, 89,97, 105 

New insolvent Law — Granger and Randolph, 91 
« Pa.ni h« civil" — th« CInven Foof 99 

105 



' Pam be civil "—the Cloven Foot, 
Constitution Killing, 



Bribery— Reformation— Wisdom and Wine, 07 
Merchants' Bank, 113, 121, 129, ^37 

Winding up Scene in the State Legislature, 23 

Troth in evidence, 29 

Dcnxocratic Treachery, 37 

Patriotism— Qiialifications for a Member of 

Congress, 
Advertisement of Stolen Letter, 
Columbia Election— Ne)«r mailarrangemcnt3,8cc. 
Freedom of the Press, 
Mat. Clay's opinion of Washington — Chect- 

ham's Aristccraiic notions — a bad memory. 
Printers to the state. 
Federals lander— Elliot refuted— our infant navy, 87 
Truth in evidence, and Torncr's Letter, 94 

^Repoblicaii Soog, 95 

Ltcerary imposition — the poor Bee, 203 

A highflier—length and breadth rf Dcmiicracy, 1 1 
The Co-authors — ^Turner's Letter, 
Lyon turned State's Evidence, 
Ke«r- Hampshire Democracy— Bee fahhoods, 
Hobbies parodied— Democratic dbsention^ 
Case of Jeremy Marshall— Bee Falsboods, &c. 
Third Partyishi, 
Salem Register— Mitchell— Holt, 
AtKhony Pasquin— Barometer hamooc, 
Elliotts private Letters, 
Democratic Quill -War — Good News, 
To Thomas TiHotson, Esq. 
Ship Two Friend s-k-Family Matters, 
New-York Politicks— The Governor, 
The Declaration— Pictoie of the Governor — the 

Livingstunside, 
Mr. Secretary TiHotson, 
New-York Politicks, 
Family Matters^ 
▼mdiortton of Mr. Jefferson, 

297, :^5, 313, 321, 329, 337 
FiUboods oF the Salem Register- Great News 

*-Jfictui««-Mooi l?<Hai— Ewror coHrected, 07 



315 
23 
31 

39 

47 
53 
55 

71 
B7 
94 
95 
401 
10 

11 



The Bee in its coiBn— Albany Register, 

Repenting sinner- -Connecticut safe, 

Pennsylvania Election, 

Troy Gazette-'Reply to the Poughkcepsie 
Journal— A Quiz, 

Extract of a Letter- Economy— Love-pangs 
—Refinement. 

Hear me, for I will speak, 

Seamen's protections* 

Pennsylvania— cast-off Federalists the best De- 
mocrats, 

Mammoth Pear, 

Message, that might have been deUvered, 

To Solomon Southwick— New Star, 

The Message, 

Case of Southwick, 

A Knotty pomt— The Test—Duncan M'Far- 
land, 

Original EJfays. 

Happiness, 

Voice of the People, 

Address to the Electors of Columbia, 

A new Project, 

The Limner, 161, 169, 177, 185, 193, 21?, 

Patriotism, 

Democratic Leaders, by D. 

Anecdote of Rev. John Checkly, 

Comparison between the Federal and denrK>- 

cratic parties, by M. L. 
The Knight of 30.000, 
On the Merchants* Bank, by a Constitutional 

Federalist, 
To the Albany Critick, 
To the Catskill Reviewer, by Philo-Crhic, 
Oncol. German, by a citizen of Chenango, 
American Marble, 
Hudson Medicinal Wafers, 
Biographical Sketch of Gen Eaton, 
On reading Novels. 
American captives in Tripoli— Dr. Cowdery's 

Journal, 343. 356, 364, 372, 380, 388, 

Predictions for the year 1806, 
Happy Token, 
Schrlol Instructors, 
Political Thoughts, 
Northern Lights, 

Biographical Sketch oF count Rumford, 
Things which should be remembered, 
The olu soldier, 
Sovrcignty of the People, 
Communications by Zisca and A B.* 
Maxims, by Confucius, 
Of the Message, by a Whig, 

Political SeU6lions. 

Impeachment of Pennsylvania Judges, 2 
Rejec.ii>n < f the Petition of New-Jersey College, 4 

Foreign Intercourse, " 5 
Sentiments '^f the Utica Patriot— ^he Clearance 

Bill, 10 

EmiJ.eisot France— BirdcatcUing in Virginia, 12 

M^ morial of the N Y. Chamber of Commerce, 13 
A^n%, and not Jc^Frrson^he imitator of Wash- 

i^ton— Diiaocraiic boasting, iS 



25 

41 

130 

169- 
77,' 

2ai 



09 
33 
57 
65- 
83 
89 
316 
45 

96 
bo 
54 
61 
6^ 
65 
69 
77 
85 
93 
406 
09 
10 



Judge Chase, 19 
Memorial of the Philadelphia Chamber of 

Commerce, 20 
A little fun at Washington— A turn-overforan 

apple-pye, 21 
Revolutionary Tribunal, 22,61, 6« 

Trial of Nath. Pendleton, Esq. 26 

Speech of Judge Chase, 28 

Pennsylvania Impeachment?, 30 

Riker*s Case, 34 

Addiess of the Charleston Courier. 37 

Gen Pinckney, 42 

State Finances, 44 

Gov. Lewis's Speech, 45 

Militia, 49 

Gov. Lewis's Message, ^'•0 

Captives in Tripoli, 52 

"Speech of the Governor of Mansachnsetts, 53 
Answer and j>leas of Judge Chase,: 6,8 1,97,100,108 



90 
PS 
1«4 
06 
07 
14 
15 



Jefferson's Inaugural Spt<*ch 
Randolph vs. Written Cons<itotions, 
Winding up Scene in Congress, 
james^Ui^t to-his Constituents. 
Aniti^pt tt> j^Jptain •' .^gis," 
'tf^drtman's-i^p^i^r-^Seeing they see not, 
Donpecticut fi<:onoiiiy, 
:Th5 ditug^lfe, 117, 125, 132, 185, 96 
^erpoikornihg Libels. 22 
I^/. £;iliot to-bi^ Constituent^ letter I. 30 
:•.•;•• ;• Vl '•' Letter II. 4« 
:: • • • ' l.eiter IIL 5\ 
l.rterlV. 61 
Letter V. 72 
Letter VI. 78 
Letter VII. 89 
Letter VUL 20 3 
Letter IX. \2 
Letter X. I'O 
Le ter XL C^ 
Supp'cmcntary, 26 
Democratic Division — of Gov. Cla'borne, \Z'? 
Review of the loaoguml Speech, with Jeffer- 
son's Letter to Callender, 40 
Jefferson's Works on Satin, 4 1 
.State Politics, 1 15, 56 
The Destiny of Pennsylvania, 49 
Old Tories ^he best Democrats, The Sausage- 

Maker of Aristophanes, C, 

Promotion of Nich)l3, ("^ 

Acquisition of Louisiana, 7u 
Rotation in Ofhce*^ Democrats ininiical to tl»c 

Constitution, 71 
Account of Jonathan Nichoh, ^1 
Matthew Lyon to his Constituents, iW 
Pennsylvania Poliiicks — Economiifation of eco- 
nomical economy, 98 
The Contrast — Speeches of Gov. Strong and 

Gov. Langdon, 204 

Account of Thomas Tnmer, "05 

Peims)lvania Politicks, 06 

Gt4den days of the Clintons, 1 1 

Cheeiharo'sCase, li 
Of Mr. Tuner, Col. Walker, and Mr. Jefftr- 

son — arV enlightened deniocrat, 1 i 

\ Bi itish Treaty, ^ T 



TKS>^^ OF CONTENTS. 



■F 



218 
21 
27 
29 
S7 



Madhew L/on, to Win. Duanc, 
Gen. Washington to Col. Humphreys, 

Of Mr. Turner's 1-cttcr, 

An Inaugural Speech, 

Correg dor, to the P» evident of the U. S. 

Seniiments of foreigners rcspecung Jcflewon's 
Aduninistration^ 

Mr. KlUot, 

Appeal to uncorrupted minds, 

Uuaccountable Secrec/» 

Maval I'rotections, 

Hair-brcadth escape— Fishermen Impressed, 

ImbeciUty of the Administration— CapUal Trick, 62 

Tilloison'8 Leticr, 66 

Qiieries respecting Col- Burr— Respected A- 
Sroad, 

Character of Brutui, 

The War Whoop, 

Look out for Breakers, 

Jeffersooy Barlow and Paine, 

Kelations with Spain, 

Jefferson's Letter to Arnold, 283, 

I) emocraiic Den unciations-'^^e^rson's Admin- 
istration, ' 

Spanish Valour, 

E-vtracts from the Repertory, 

Mci^orial of ;hc South Carolina Insurance 
Company, 

Lord Melville's Impeachment, 

Of Mr. Jefferson— Pennsylvania politicks, 

British Aggressions^ ' 

Respite of Arnold— Serious consideration- 
Elegant Extracts from Cheeiham, 

What do Federartt>t8 wish ; 

Spoliations on Commerce, 

Thomas Turner calumniaied, 
■vindicated, 

Ruin of our Commerce, 

Review at Rhinebeck, 

Short Catech^m, 

Where is our government ? -Third Partyismy 

Attack on the Governor, that might have been 
written, 

Fonunate son-in-iaw, •. . • . • . , 

Moreau's sentence, • 1 1"; • * *•* ' 

Independence of the trtster GSizettei ••• • 

Pennsylvania Election— Reign of Vptiofs. &C. . 

Thomas Turner, to the public, : C * •. 

Equal and exact justice— S- Brysm'54£tCeva; * ^ 

U a f ort un ate discovery^ 

Jrel Barlow, 

Foreign Affairs, 

Our Courts of Justice} 

Turn About— Prtnez Garde, 

Our commerce with Great Britain, 
No. L 
II. 

in. 

Spanish construction. 
Our Foreign Relations, 
Connecticut Sate Managers, 
Affairs at Home, 
Congressional BoXing Match, 

AgricuUuraL 
Farmers* Present, 

High cultivation of lands in Europe, 
Turner's Threshing Madii»ie, 
Gardens between Westminster and Chelsea,^ 
The Bets in Horses, 
The Sugar Maple, 
Grafting Fruit-Trees, 
Method to preserve Fnrit-Trtes in blossom 

from the effect of Frost, 
Api)le trees, 
Food for Horses, 
Manner of destroying Insects on rruit-Trees, 



67 
68 
69 
70 
74 
77 
98 

85 

86 
90 

.93 

94 

98 

301 

06 
15 

17 
22 

24 
30 
31 
38 

46 

47 

. 57, 

..64 
•.'70 

79 
81 

86 

*)7 

412 

387 

89 

405 

06 

13 



4 
12 
20 
30 
60 
116 
24 

32 
40 
48 
65 



Large crop of Wheat, 30(X 

To destroy catterpillarf , 08 

Method of waking Parm«»n Chccse, 1^ 
Method to pres^rvie Whe»t from tl^c Hessijin ^y* ^^ 

Culture of flax, 40 

Moniicrial. 

Ben^olence an<lHfi^aitj'» 4 

Liability of Man to err, 12 

Folly of Procrastination, 20 

Evils of Intoxication, 28, 36 
Pulpit Eulogiiim, H^, 124 

Extract from a manuscript of Dean Swift, 40 

Religion, 48 

On the Education oC Childre»t 56 

Young's Night Thoughts, 72 

Address of President Nott, 80 

Extract from Dana's Sermon, 220 

Drunkenness and Intempi^rance, . 28 

Extract from Goldsmith's Essays, ^ 36 

On Filial duties, ^ 

Extract on Truth, 52 

Extract from the I<ay PreacheiK, 60 

Essay, by Amicus, 68 

Frequent contemplation of death ncce3S,afy:, 76 

Autl^entic Anecdote, 84 

Extract from the World, * 9-^ 

Extract from Mrs. Pilkington's Mirrof, 300 
Extract iVom Matthews' Maxims & Thoughts^. 
308, 316, 324. 340, 357. 365,373, 389,396,4104,412 

A Soldier's creed, 332 

Advice, &2 

Man without the Christian Religioni 81 

ThcWrtath. 

News-boy *8 Address, 8 

The British Sailor, ^ 16 

Lesson for the New-Year, ** 2^ 

OunBoats, 32 

A poor Devil's Petition, ' 40 

Winter's Evening, by C. • 48 

Fable of the parrot — Friendship, by C 56 

Gelio and Clarinda, by C. 64 

The Lover's Adieu, by Alcander, 72 

Address^Q Melancholy, by Alcander* 80 

>Jtfgse, PUintiff-iiEyes, Defendant, 88 

i^^<ix\ Lines, 9^ 

4pna^art^ in Love, . 104 
•The ContTast-«-or War and Peace,by AlcsMnder, 12 

28 
3(3 
44 
52 



To prevent Insects fromdftstroying Cut umbers, 208 
Improvement in the feed of Cattle, 28 

Cure for the Staggers, 36 

To improve impoverished land, 44 

Hovcn Cattle, 52 

Method to prevent Smut damaging wheat, 60 

On fatting Calves, 68 

Cure for the Sand Crack in Horses/ 76 

Burnet Grass, 284, 324 

Ice Houses, 29- 



^Riirat Simplicity, by Alcander, 

Lineji by Philetas, 

The Odds— A Tale.by Robert Rusticoi^t, Psq. 

We are seven — Epigram, 

'Song, by Dibdin, 

'1 he Milch-Bear, by Proteus — ^Excuse for. not 
fighting a Duet, 60 

Ode to Modesty— False Facts, by Taciturn, 68 

Advice gratuitously administered, by C. 176il84>200 

Pandora's Box, by Taciturn — ^The empty purse, 
by Tag, 

The Beggar — The American Solder, by Al- 
cander, 

Extract from the. Sabbath>. 

Modem tale, by Alcander, 

The Itinerant's Prayer, 

The American captive-«To a Friend, by Clod- 
pole, 

On pride, by Proteus — on seeing a half blown 
rose, by Alcander, 

American capuvcs in Tripoli, 

Battle of Oriskany, by Alcander- -Ballad of 
Bedlam* 

Progress of Democracy, 

Hymn to Health, 

Wife, children and Friends, 

The Lawyer 

Louisiana, by Quits— *The Musical AsS -Epi- 
gram, 

Duano the Brave, and Old Granny M*Kean, 
byD. 

The Times, 320, 338, 3 >6, 

On the present cmrtuUng system of Feiitale 
dress, 52 

The Mariner's Dream— Impromtu, 60 

Prologue at Botany Bay, 68 

Original poetry, by a Laidf | ^6 

Farewell to M 9— «- 84 



192 

208 
16 
24 
32 

40 

48 
56 

64 
72 
80 
88 
96 

304 

12 
44 



Hypocrisy^ by Proteuft^ 



92 



The Pilgritti 6^ Sorrow, 409 

English ^ionfS, • 08 * 

Consolatory Oa^» b/ Robert Riisticoat, Es^ 

.-Song by Pib(;Ni>, ^^ 

MifceUany — Diverfity, '&c. 

Post-Rider's Don — Fatal Practice — Cruelty 

Punished, ^ 

Right hdnest Fellow— Anecdote of Hamilton, 16 

Sovereign Authority in China— Richmond Ptm, 34 

Vesuvius and ^tna— Jack's Petition. 32 

Singular Combat-»^aw Case, 48 
Curious cause of War— Real republicanism put 

10 the test, 56 

Democratic Anecdote, M 

Historical Sketch «f Belisarius, T^ 
New Surrogates— The excuse— High priced O- 

pinion, 80 

Pedestrian Feat— Longevity— CowMi, 88 
French Imperial' mantle— Fragment o€ an K- 

gyptian ki»g> 96 

Genealogical Tree,- 104 

King vs. Lowilipr, 12 

Literary GleaningSc 1,17,^ 34 

Circular Letters, 2Q 
Singular Stratagem— E^ctract froim Lewis.' 

Comic Sketches, 28 

Mister Law ler'^Speech-^Jegaot^ExtractSa 36 

A Firagment, ^ 44i 

Interesting Anecdote, 52 

Drove of Bulls, 60 

Report of the Director of the MinJt 65 

Discovery of Maganese oa ih^ Lehigh^ 618 

Cunous fact in natural history, 90 
Streets of Madrid— Ingenuity of the^ Spid^|»— 

Revolutionary abominations, 9t 

Anecdote of Hogarth, 224 

The Perpetual Complaint, 32 

On the difierent Paibions, 40 . 

Cabrera's Case— Emperor of H^yti, 44 

A Cave, 45 

Extraordinary Pbenom«9Qfiy . 48 

Constitution of Hayti, 53 

Useful Information, ^ 

Letter from capt. LewiS:to the Pcesideiit, 60 

Cure for the Dyssentary, 64 

The crooked CrabTrec, 72 

Blodget's Table «f Authorities, 76 

Burton College— Mouhtaina of Ice, 80 
HamUton Rowan— Growth of New-Connecti- 

^ cut, 88 

Account of Gen. Eaton 90 
Louisiana Curiosities— M'Kean and tl^e Old. 

Woman— Lord Halifax and Pope, - 304 

Description of New-Orleans, 08 

Beauty- Peter Pindar, \ It 

Law-Ca^—(leuer breaking^ 17 

Government of Children, 20 

Archways under the Thames— Anecdote^ 28 

Eaton's Journal, 32 

Antiquities— Mammot}i Tree, S6 

: Letter from Mr. Peck, te 

i The Emperor Alexander, 41 

Treason, 44 

Interesting Correspondence^ ' 49 

Letter from Gen. Eaton, 50 
Number of Novels- Suicide, 60 

A Fra^^ient— Letter from the King of Sweden 

to the Gov. of Calmur, 68 

Libel .-Curious Amusement, 7§ 

Knight of the Conrvb—Aneodoteof Foete^ 92 

Biographical Sketch of Col. Buder, 404 
St. Domingo— Anecdote^ 08 

Medical Skill— History, 16 

Liitrary Notites. 
A Native Poet, 4S 

Democracy Unfeiled, 132, 340 

Shade of Plato, > 253 

Monthly Anthology, 300 

Dunlap's Plays, 31^ 

Improvements, &c* 
^fford's Close Fire-Placci -* 80, 165. 

Patent Aug?r„ 132 

Hydraulic Engine, 312; 

Columbian Spinster, ' 320* 

Laws, 
LAWS, 156, 164, 172, 188, 196, 204, 212,220, 23« 



No. 1, 



COLUMBIAN 




Vol. IV. 



REPOSITORY. 



HAIL SACRED POtITT, BY FREEDOM REAR'D ! 

BAlh SACRED FREEDOM,* WHEN BY LAW RESTRAINED !'* 

BBATT1B* 



HUDSONi (New.Yorr) TUESDAY, January i, 1805. 



preface- 



I. 



^N openifiga new volume of the 
Balance, both duty and inclination re- 
quire, that I fliould offer fomething pre- 
^ory. Not that my fentiments and views 
are not fufficiently kQOwn i But becaure 
the reader may feel « curiofity to linqw 
%rhether I am deprefled by perfecution, or 
diffliayed by the prefent gloomy afpcfi of 
oar affairs. I certainly make no preten- 
fions to an]f extraordinary firmnefs, and I 
hope to eA:spe the itnf uution of foolhar- 
dinefs : But I mull neverthelefs declare 
my opinioDy <hat there never was \ time 
that demanded from the iedtral editors a 
«lDre bold and energetic langoage than the 
prefent. Federalifts may view the fitua- 
tkni of the cotiintry with regret, but not 
with difmay.^ Oonfcious of the correQ. 
nefs of their principles,. and the juftice d\ 
^ their caufe; they ought to redouble their 
diKgence and perfevere, until they fir^ally 
prevail, or glorioufly expire in the ftruggie. 

Federalifm never changes. It is the 
fame at all times, and ift all places. Were 
there but two federaKils in the union, and 
tbefe placed at each of its extremities, they 
would think alike, fpeak alike, and a^t a- 
Jike ; and Oioyild they ever chance to meet, 
tbey would cordially fhake each other by 
the hand, and.fwear, that, clinging to the 
good oldjhip in which they had ^mkark^ 
td^ they would ride out thejlorm injafe- 
iyt or go to the bottom on the laji phnk ! 

Impreffed with ihe(e fentiments, the 
reader can be at no lofs to judge, what are 
tbe prefent feelings, and what will be the 
future condufi of % 

H. CROSWELl. 



<aritorial 



THE HAND OKG AN 1ST. 



O. 



NE evening.laft furomer, a lit- 
tie Italian frequented our ftrcets with a 
fine hand-organ. Mis mufic drew after 
him a confiderable conoourfe of boys, who 
teftified their approbation of his fkill, by 
frequently exclaiming, *' what a capital 
player !" The little foreigner (hrugged 
up his (boulders, and remarked, in broken 
EnglUb, to his companion, ** Defe fo«l- 
i(h American tink memake de mufic, when 
me onlf tarn de veels." — At length an 
arch boy, who, it appears, had uken a 
diflike to all foreigners, fiepped foftly be- 
hind the organifi, (for he carried bis organ 
upon bis biack) and crowded the barrel a 
little out of its wonted courfe, wherPJars, 
I'difcord and confufion inftantly enfued ; 
and the enraged Italian exclaimed, '' De 
dam boys /lop de veels r—'* Wheels !" 
vociferated an hundred voices, *• fo, Mr. 
Nitailag (for this was the organifl*s nai>)e, 
which fpetled backwards makes very good 
Eoglifh) all this* fine mufic is made by the 
turning of wheels." Laughing and jeer* 
ing on one fide, and applaufe and encour- 
agemeiit on the other, immediately fuc- 
ceeded ; ^nd tbe boys foon fell to wrang- 
ling on account of the poor Italian. On 
one fide, they contended that the mufic 
was delightful — that the tunes were played 
fioeIy«-*that every note was (Iruck accu 
rately — that this was all owing to the (kill 
of tbe organiQ, who had been taught the 
art at home, but had come to this country 
for the fole purpofe of charming the Amer- 
icans with bis mufic«— On tbe other fide. 



ii 



it was admitted that the mufic was good 7 
but it was contended that the man who car* 
ried the organ on his back, and turned the 
crank, defcrved no credit for it — that the 
notes and toties were governed by curious 
internal machinery, of the formation of 
which the lulian was ignorant — that the 
man who made the organ was indeed an 
artift of great (kill ; but that it had now 
paffed into the hands of an inexperienced 
adventurer, who played upon it for mere 
rpeculation, who was an enemy of the in- 
ventar, and who, by his blunders, was in 
a fair way of ruining the machine. 

I cnnnot help thinking of this poorltal. 
ian and his organ, whenever I hear the 
democrats boafl and brag of the financial 
flull of Mr. Gallatin. Every body knows 
that General H^imilfon planned, formed, 
and organized the machine which that fo- 
reignrrnow oft^ntatioudy bears about up. 
on his back. Gallatin turn's the crank and 
makes fine mufic ; and a crowd follows at 
his hoels, hallooing, '^ What an excellent 
^playct ! What a fweet mufician." If a 
fedenilift happens to throW a Humbling 
block in his way, he complains .that he 
«• flops de veels/* Thus he goes blun- 
dering on ; and tlie confequence will pro- 
bably be, that he will make his fortune, 
and render the organ ufelels. 

JUDGE CHASE. 

TT>e trial ol the impeachment againfl this 
t;entleman commences to-morrow. We 
forbear all remark at prefent. But we can. 
»ot but exprefs our regret, that Mr. Burr 
fhould prefide at his trial. It is a blot OQ 
the Aiberican chaia£lcr» 



mjt S?aJ(m«. 



For 1-805. 



I 



^^oKtticaL 



Impeachment of the Penrfj ktnia Ju t^et. 



THE fenate of Pcnnfylvania, have tTo. 
f d a fummons commanding William WiU 
fon, fergf^ant at arms to that body, to Turn- 
iTion the honorable FTdward ShippCii, E^q. 
chief j'jflice of the fupreme court at Porfn- 
fvlvania, and Jifper Yates and Thomas 
Smith, Efqnircs, aiFocIaie jufticcs of the 
fame court, that they be, and appear at the 
bar of the feiiaic, in the borough ol Lan- 
caftcr, ov\ the fir ft MontUy in January 
next, to anfwcr a.) airicle of acculaiion 
an'i impeachment ft)r the high mifdeineaif. 
or ol ihc (aid ch'ri juftlce and th.e airoci^Jte ' 
judices af )rfldid in their official capacities 
exhibited <»^;ainfl them, hy the hciufc oi 
reprefenialivcs, in ihfir name, and in the 
name oi the people of Pvnnfylvaid.i. 

[^NtzV'YoTk paper.'] 

FROM THE U. S. GAZCTTE. 

WE underftand, that our fapient legif- 
lature ai Lancafler, after having determin- 
ed to profccute ih* impeachment of ih« 
jucges ot the fupreme court, find thcra- 
felves brought up by an infunuountable 
difficulty. Their own body is fo whoify 
dcftituie of talents that they cannot con « 
duft the bufinefs themfeives, and their 
caufe and credit are fo bad, that th^ can- 
not obtain afTiflance. Mr. Lewi^, Mr. 
Tilgham. Mr. R-»wJe, Mr. W. Tilgham, 
and the Attorney General, hav« fevcrally 
been applied to, attd all refufed; each giv'. 
ing a reafon for their refufal, that, in their 
opinion, »he condnft of the judges had 
beenperfe^lly lei?^l and correfl ; and fome 
of ih'^m have gone farther, and declared, 
that their decii'io/i in the canfe was marked 
with great mildnef« and forbearance. 

The Aurora, in remarking upin ^he 
prercdin>r para^jrapb, has this ftngular 
obrprva*ion, •* We had conceived \r to be 
the altornev generaTs duty to profe^iute on 
fncli occ:»finns." Tl at the editor of the 
Aurora fhouM have conceived fuch a no- 
•lion is not at aii wonderful ; but that his 
irien:Is fhouM not prevent him from ren- 
dering hinifclf and his pwprr objtOs of 
lidicp.le bv tie p«jb-ication of ftjch ab- 
lurd crndi;ics, is f.mtvvliat furpi ifini?. 
In ore fcniitnen., however, we pertefcHy 
agtc^- vvi.li '\,c A'.»:or;5, naruflv, tliai there 
i$ no necciliiv for tnc legiflature, on the 
pr(?rer:i occ^jfion. to employ a fitigle law- 
yer. If the hoMfe oi reprefentatives can 
contrive any wav to p,et articles of impi;ach- 
tnent drawn up, ai;d can then procure a 
Iran of fiifTricnt ieirni.rgto read them to 
the leiiaie, we make no doubt tha; tbey 



will anfwer ej-ery purpc^feas efTrflui'iy as 
though all thr: Iot;-i! la'cnts of ihc iiatc were 
^er-g'-^g-'d in fupport of them. 

It tray be matter of ciniofiiy, perhaps 
, ol lij'f*, that the opinions ot gi eat and learn- 
j el men on great .and itnportant fubje^ls 
• (hjuld be brou;^St up and be prefemed to 
' occ^rional vlcv. Changes of the moft un- 
cxpci^Ud k-ri.; Jo lake place, and the rau- 
taiions m men, manners and opinions 
mark with a moft chara6>eriftic and mcaU 
j culabledifTerenoe the lapfe of • time. -It is 
' but a few flnit years, nay for the matter 
i ol that, it is fc^rcclv two, fincc, tk^.aret- 
' icqlly aid pra^lically^ what was once ef- 
j! teemed the ronr. H and wholcfome do6lrine 
I oi Eng'ifli law on the fubjeft of contempts, 
had a prevalence in P^-nnfylvania ; Since 
the ' power to piinifli for a contempt of 
court, was held of fovereign import- 
anc<*, md efiTential to the exiftcncc of ju- 
dicial fortims. But the great code of civ- 
il liberty is honTlyjexpanding ; and regen- 
erated Pcnnfylvania is in the fair peru- 
fal of the lad pages of the blefled volume, 
«ifhich have been yet opened to the human 
eye. 

In 1788, the chief jiiflice of PennfyJ- 
vania, who is now governor of the corn- 
wealth, had the boldne/s io Jim and m* 
prif^n for contempt. That contempt was 
committed by a publication touching a 
taufe depending in court. — In delivering 
I the 4>pinion of the coart, M'Kean, G. J. 
made ufc of language fuch 9s ibis, which 
at this blelTed era by many is confidered a^ 
written in an uvinown tongue /-^'* It mud 
be remembered, that judges difcharge their 
fun£lions Ufider the lolemn obligations of 
an oath : and if thpir virtue entitles them 
to tbcir ftation, they can neither be cor- 
rupted by favor to fwerve from, nor in-^ 
fluenced by fear to defert, their duty., 
J That judge, indeed, who courts populari- 
ty by unworthy means, while be weak- 
ens his pretenfiors, diminifhcs likewife, 
ihp chance, of attaining his ohj^fl ; and 
be will eventually fiini ih<it he has lacrificed 
the fubflantial blcftlng of a good con- 
fcierce to an idle and vifionary purfuir,** 
— And again hefaid, in terms, which have 
been abfurdly quoted a tboufand times 
with approbatior, ever fince reafon and 
hberty began to dawn upon us, that, witii- 
out the powpr to pun-fh for this offence, 
** no contempt could ipdeed he committed 
igamCf us, ^w« fhould be^ truly con- 
tfniptxbU,'* 

In 1801. The Circuit Court of the 
(Jnited Scares, lor the diftiirt of Pennfyl- 
vjni^, recognized this doSrine, and prac- 
ticiilly exercifed this vcrv power of pun- 
ching ior a contempt on Willian) Duane, 
t)ne (d the very btfl irirnds of the people, 
and one of the bolfleft advocates for the 
ufc of the noble jjf ivilege uf ofitring con- 



!f n:pt :o the CO?,r/c cj j ;flicc. T!:.ark>'. 
however, to th^ .^park of irrrcy aud wiU 
ficm ii:at ren::iintd, he did not i.i'l a luar- 
tyr to the glorious principle ; but has liv- 
ed to tee its triumphant prevalence, and to 
announce, with his own breaih, its proud 
and perlcft afcendency. 

The fupreme court of this coirmon- 
weahh, in a cafe fomc time fince, gave in 
to the old doclrine, and incarceraed an 
offefi^er, for a coniempL There is a point, 
beyond which a people cannot be ptefTed ; 
and when the fun flieds his meridian rayf, 
tl»c blind only teel the want of hght. 
The legiflative power was called into ac- 
tion, ard^ihice judges of that court are 
impeached of high crimes and mifdemeanor 
in confeqnence ot this high handed ztX of 
incarceration. • It is the folemn bufinefs 
and duty of ibe judges to watch the pro- 
grelsand improvrnicnt of the public fiiind ; 
and furely it is crime and midemeanor 
in them not to recognize the great and 
momentous principles of civil liberty, 
wfien announced to them by the organ of 
the public will. Can it be fuppofed by e*. 
ven a difenthralled Hottentot, that the 
principles of £ngii{b law or -he prejudices 
ol certain of our ov*h country men are to be 
oppofedto inherent and inalienable rights ? 
If men will be blind, when fuch amazing 
pains have been taken to enlighten them^ 
they muft bear the reproachful and ignum* 
inous confequences, without the comforts 
of cold commiferation, 

W^ cannot but hail the profpefts of the 
prelent and coming generations. Already 
are ve furnifhcd with brilliant and (Iriking 
pradical commentaries upon thi? great im^ 
provement. No longer can it be faid that 
we are (hackled by tliis arbitraty and rp- 
preffive reftraint on free and full difcuf- 
fion of judicial operations. The meriti 
<5f a caufe depending m court may be fair# 
lyfrefented to the public eye ; th? bufj. 
nefs of the court may be half difpatched 
before the caufe comes to trial ; the jnrors 
may be perfeiily poffefRd of the evidence 
and leading t-raits of the caufe before they 
arcempannePed ; andjuffice bo, by this 
woncjerful improvement, direncumbere4 
of the leaden feet tl.at liave hitherto retard- 
ed her in her heavy courfe. Yes, Wil- 
liam Duane thanks God, (which is anoth- 
er indication of the improvement of our 
age,) that •• we do not live in times, when 
even premeditated contempt and infolenc^ 
are deemed juftifiable pretences li^r cocV, 
cing or incarciri^iingihe ciii2i.*n. 



FROM THE PEPERTORY. 
PROG Ji ESS OF DEMOCPACT. 

SOME have hoped and believed thaf 
when jutobinifm became triumphant in the 
government ol the United iitates, par^y 



No. 1. 



€1)0 balance* 



fpirii would exhibit lefs venom and the 
moiierate men would reguUte the tone of 
pubic mcafures. The hiftory of mankind 
has laughi us different expe^a?ion5, and 
we fritnefi" with forrow thd fame direful 
procefs in America which has, in every 
country attended che fame experiment. 

The judges in Pennfylvania, wereohhe 
moderate dcfcription, and haviug fcen ihe 
fi^ft order o\ things completely changed 
m that Statei were difpofed to check that 
infubordinate fpirit which hid changed 
men, but was now waging war with no 
lefs luccefs againff principles. Look at the 
fate of ihefe Judges — they hive become 
obnoxious to di6la(or Duant^ and they 
mufl be facrificed. 

Look at Congrcfs. The moderat^tnen 
of the democratic rjTty are there begin- 
ning to drop off, andfthe vengeful tyrant 
Rindoiph, wiih^ hts accomplices, will be 
left to Complete the wife^ pacific, and tin- 
ajfiimxng policy ot the American Emper- 
or, without a man, excepting among the 
humbled and defpifed minority, to lend 
his voice in the-caufe of bleeding juftice. 
General Buthr, though ftrongly oppofed 
to the laA adminiAration, and an adlive 
charafter in exalting the prefent, compar. 
ed with thofe who do and .will manage ;he 
national affairs, was a moderate man. But, 
again fee what becomes of moderate men. 
Read hishonefland patriotic declaration to 
the Governor ot his State, Soath Caroli- 
.na. 

** I had not long beet) ia Senate, fince 
my laft elefiion, before I perceived ar(S?;«. 
iinaiion among certain large States, unfair 
in itfelf, and dangerous in its confequien- 
ccs, to the rights of other States ; they 
hold evening meetings, to decide what 
(hall take place or prevail iif Senate. Into 
this combination they have drav^n two or 
three of the fmall States and Dy this com- 
btnation nothing is fuffered to come fairly 
before' Senate, that is not either brought 
forward by one of the party, or has^ not 
their previous fanSion. To fuch a ilateof 
things, / would nat — / cannot — i witL 
ffO TSUBMIT — without both expreding my 
concern and difapprobation— -concern, be. 
caufe lexpededa very Klifferent condufl 
from gentlemen with Whom I hoped to have 
been in unifon — difappointment at finding 
tbefe men, who before a revolution in th*^ 
poblc mind took place. poflefTed a jeaU 
ou« regard for eqial riches now iXfiower, 
the fir/l to Jub-bert the principles of 
which they wifhed to be thought the ad- 
vocatesy 

' The confequcnce of this expofition of 
the humiliating ftatc to which every por- 
tion of the communitv was reduced by 
the clandefline but i^fpiring policy of a 
few Vriginian Michiavelians, was political 
denanciation. In his native ftaie, he was 
abufed by his own party ; ia the other 



Slates the Jackals of the Imperial Junto > 
abnfed him ; he had nothing elfe. to ex- 
pe£l in Cvngrefs, and this MODERATE 
MAN HAS resign'ld! Thtxs it will be, and 
our GrakGers and Varnums and ev. 
eiy other man in whatever dcpanrreVit ol 
government, who will notpuifueihe pol- 
icy, of which Randolph is the agent in 
Congrefs, will eventually refign or be 
brought back to private life, by the in- 
trigues of the dominant party. 




cheetham ghowing troublesome. 

We long fince difcovercd that Cheet- 
ham, in his heart, condemned the weak, 
pufiilanimous, temporizing policy ot our 
government, refpeftingthe condu£l of fo- 
reign fhips in our ports. By the follow- 
ing article, we find that he is unable any 
longer to reilrain his indignation. The 
prefideniial eleftion is now over ; and he 
leels no apprehenfions on that account. 
But Cbeetham*s fretting and fcolding will 
avail nothing ; and he will find, at the end 
of four years to come, the port of New- 
York as completely •• unproteSed" as it is 
at prefent, u:;lefs it looks to fome other 
quarter for pro:e£kion than the general 
governm^t. 

«• The BritiOi Frigate Cambrian. Brad- 
lev, Commander, returned from Halifav 
on Friday iaft, and came to anchor within 
the narrows. This is the fame Bradley 
who, in the fame frigate, refitted the vifita- 
lion of our Health-Officer, imprefTed A- 
mencan feamen on the Quarantii^Ground, 
trenched upon the fovereigmy oFthis (late, 
and oppofed the operation of the Revenue 
L'<ws of the United States. Mr. {^an il- 
liberal perfonal refledion omitted \ has not 
condefceiuled to inform us whtiher Brad- 
ley, or his fuccefTor Beresford, is again to 
blockade our harbor, infult our Iaw5, im- 
prefs our feamen, pour •• grape ihot," 
moft valiantly, into oiir defencelefs vef- i 
fels, and plunder our merchant^. He dill 
finds us, however, in our wonted unpro- ^ 
tt fted condition and as willing as ever to , 
Kear whatever outrage it may pleafe this i 
fervant of the crowa to offer, - 4 



*• By the bye it may be worth wl.ile Tr 
C )nguTs CO enquire, now that they are ii 
ledi )!), imo the expediency, if not necel- 
6tVi < f tfTQur^ilv foitilying ^he harbor of 
New-Y )rk. We have long enough been 
the fpor?, and we are every day liable to 
become :ne prey of foreign nations. The 
fafety of this opulent city, perhaps thi5 
tranq jility of the United S:ate$, imperi- 
oiiflv solicits ihc attenritm ol Congrcis to 
this lahjeCh We have been buffeted, an<i 
kicked, and driven from the execution cf 
our laws, by the C-jmbrian, ihe Leander, 
and ilie Driver ; and to add to the indeli- 
bility of the difgrace, the minifter of a 
Fief oi France has threatened us with 
three fJ)»ps of the line and fix frigates from 
the •* Kifi;» my mafler !*' Were the king 
fiis maUcr to put his threat into execution 
he might lay us under a •• contribuiioii*' 
equal in- Amount to any expcnfc which 
the moft complete and efFetfual fortifica- 
tion could cott. It ill comports wuh the 
pride and fafety of the nation to be thus 
, unnecefTanly expofed to dar>ger from with- 
out. Perhaps we are more vulneiable than 
any other part of the union. • ' 

«* And yet as to its income of the great- 
eft importance. Every one knows that 
the annual revenue of the United States is 
fomewhat lefs than ia,ooo,ooo dollars. 
Of this fum the port of New-Yoik has 
generally yielded about a third. But I am 
informed, and f believe correftjy, ihat,the 
commerce of this port yielded, tiie Iaft 
quarter, but little lefs than 1.500,000 dol- 
lars ; which is at the rate of 6.000,000 dol- 
lars per annum, or one half of the reven- 
ue of the United States ! Apart from all 
other confiderations then, do not the re- 
ceipts of our Cu/lom Honfe require the 
moft efficacious protedion ? It is no an- 
fwer to ftjy that, under prefent circumftan- 
ces, we he»ve nothing to fear from with- 
out. We know, we feel that we havefuf- 
fercd infuh, and we arc (enfible thai by 
theleaiftas well as the greatcft of European 
powers, our hanks and wealthy individu- 
als may be plundered and oiir city razed 
to the ground. We ought jlot to be at the 
mercy of any power on earth.** 

HONEST CONFESSION. 

The editor of the Plebeian, fays he. 
finds nothing in a certain piece in the UU 
fler Gazette on which he can beftow his 
admiration, becaufe it conuins •« no new 
lies,** Thefe democrats can admire noth- 
ing but falfhood. 

We never knew, until we faw it afTert- 
ed in the Salem RegiHer, that the nine, 
teen prefideniial electors in this ftatc, gave 
•• twenty votes.'* 



€8e 25a](ance* 



Voh. w. 



SE 







'^'■Cr-'' 




^0ticuftutaL 



EXTRACT. 



FARMER'S PRESENT. 



A 



PIECE of plate, value 600 

puine t), IS about to be prefepted to Mr. 
Coke by the Norfolk farmers, Eng. This 
hand feme token of veneration and refpeS 
to Mr C-ike is defcribed to Be a fuperb 
emboffcd (river vafe, near three Feet in 
height ; on its topis an clegdni figuic of 
Ceies ; round the top of the vafe are cm- 
bofled figures of a South Down ram an^ 
,a Devon ox, excellently doae after models 
from the life, by Mr. Garrad ; on the op- 
pofite Ttde are figures ol a Norfolk team 
and plough at work, and Coke's driil, 
the implement generally in ufetor drilling 
the crops in NorioJk ; between the han- 
dles, upon the fame level, are a wheat, 
(heal and a bunch of turnips ; beneath 
this, on one fide, are Mr. Coke's arms, 
with theiBOito Prudens qui Patiim ; and 
on the oppofiie fide tbe following infcrip- 
tion— •• l?refentcd to ThoiDas Witiiam 
Coke £(q. ot Holkham', by tho brmers 
of Norfolk, as a token of their e deem for 
the liberality of his condu£{ as a landlord, 
and of their gratitude for the benefit of 
his example as a praflical farioer and 
moft valuable member of focieiy — June, 
1804.'* At the corners of the Aand are 
iour female figures, emblen^tical of the 
four feafons, between which arc four tab- 
lets, with beautiful embo{fed figures, rep- 
refenting the diffi^rent agricultural opera- 
tions ot each feafon. 



^onttarial 

To aid the cause of Wrnie and religion. 

EXTRACT. 

BENEVOLENCE and UUMANITV. 

ADDRESSED TO YOUTH. 



_ OUTH is the proper feaTon of 
cuUivaimg the benevolent and humane af- 
ieflions. As a great part of your happi- 



nefs is to depend on the conneflions which ' 
you form wiih others, it is of hi^h impor- j 
tance that you acquire betimes the temper I 
and the manners uhich will render fuch \ 
connexions comfortable. Let a fenfe of 
juftlce be the foundation of all your focial 
qualiiiej. In your moft early intercK^t-rfe ' 
with the worL'l, and even in your youthful 
amufcraents, let no unfairnefs be found. 
Enprave upon your mind that facred rule 
of '* doing in all things to-others, accord- 
ing as you wlfh that they fhould do unto 
you.** For this end, imprefs yourfelvcs 
with a fenfe of the original and natural 
qtiality of men. Whatever advantages vou 
may pofTefs above others^ nev4rr difplay 
them with an oftentatious fuperiorily. It 
becomes you to aft among your compan- 
ions, as man with- man. Remember how 
unknown to you are vicifTuudes of the 
world ; and how ohen they, on whom ig- 
norant and contemptuous young men of- 
ten looked down with fcorn, have rifen to 
be their fuperiors in future years^ Com- 
paffion is an emotion of which you ought 
never to be afhamed. Graceful is the tear 
of fympathy, and the heart that melts af 
the tale of woe. Let not ea(e and indul- 
gence cootra3 your affedions, and wrap 
you up in fclfiih enjoyments. Accufiom 
yourfelves to think of the diftreffes of hu- 
man life ; of the folitary cottage, the dy. 
ing parent and the weeping orphan. Nev- 
er fport with pain and difirefs in any of 
your amufements, nor treat the nteaneftin* 
kEk with wanton cruelty* 



S>tittt^^ 



FROM THE COMMERCIAL ADVERTISER. 

BY the lateft accounts Jrom Wafhing- 
ton, it appears^ that the Conimittee to 
whom were refcrredjthe petitions of the 
Library Company of Philadelphia, aud of 
the Truftecs of New- Jerfey College,, have 
finally reported that •• th^ petitioners have 
leave to zuithdrazv their petitions.*'^ — A 
report which reflefis difhonor on the A- 
merican Legiftaturc — and which, it it werp 
to be kpAyn acrofs the Atlantic, among 
civilized nations-^among people who, for 
ages, have patronized literature, and have 
ever repkpned among the greaiefl orna- 
ments of their country, their Uarned men^ 
dewracje \i% to a level with Goths and Van- 
dals ; or with the raoic (avage enemies of 
knowledgr and virtue, the revolutionary 
heroes of Republican France. Separating 
the cafe of the Library Company of Phila- 
dclphia, from that of the College of New- 

[ • These petitioners praj ed, that the books im- 
I ported for the use of th-s Compan/ and Ccllege, 
^Hiighi be excnnpr from duty. E4it. Bal.] 



Jerfcy, let us h^^ovt a few moments con- 
federation on f he iatter, and examine tbe 
grounds ob which the petition has been 
rejc61ed. Two years have fcarcely elapf- 
ed fince the venerable edifice of NaJfaU'- 
Hall, erefled by the unwearied lal>ors of a 
lew pious and learned men— erefled with 
the view of promoting the interefts both ^ 
o\fcienteznA religion — erefled from funds 
gleaned from all parts of the continent, 
'^and even from the (hores of Brftain'^this 
celebrated edifice from whence have flow- 
ed dreams of learning and of piety, that 
have refrefhed both the church and ftate—- 
which has produced more celebrated men 
than any other on the continent, in pro* 
portion to the number of its graduates^ was, 
in the courfe of a few hours, by a devour- 
ing conflagration, rai^Mced to afhes. Noth- 
ing but its naked, icorched and tottering 
walls remained to tell the pafTing traveller 
that •* here lately flood one of the moft 
celebrated literary ioflitutions of the Uni- 
ted States^" 

Its alDifled friends (incerely lamented 
its ruined ilate. • But fomething more than 
lamentation was necefTary— and by the 
Providence of Heaven a general difpoft- 
tion appeared to affifl in rebuilding this 
ufeful feminary.— 'Its friends- — the friends 
of knowledge and religion, folicited con« 
tributions from Maine to Georgia — and by 
means of their afCduous attention, their 
indefatigable induftry, enoqgh wascelleA- 
edf again to reflore this College to its for- 
mer ftate. Behold! The Phoenix Irftitu. 
tion again rife^ from the afhes of deftruc* 
tioo, with increafed fplendor and with ac<- 
cumulated fpirit and jenergy. Her de- 
molifhed ediSce tsreftored and enlarge(f-^ 
the nqmber of hex pupils and profefTora 
increafed-r-and her library replaced by one 
feleQed in Europe, and confiding of tfte 
mofl rare and ufeful Ubr ks. To rebuild 
this edifice, and reftorc the library, not pn^ 
cent was alked or received from Congref^ 
or from any ftate in the Union — much as 
the United States are indebted to the tal- 
ents and learning- of many of the fons ot 
this college. Although a Madifon, a Pat. 
terfon^ a ^eed, a Livingfion, an Ellfwonh^ 
a Lewis, and a multitude of other citizens, 
equally di(lingui(h«d in thp records of A- 
merican hiftpry, here received their educa- 
tion-T-yer, from the govefnipent of the y* 
n*ted State$ not a cent was obtained to af. 
fid in the rebuilding of this edifice. What 
do I fay ? Indead of patroni^mgMiterature 
— in(le<|4 of lending a helping hand \p ref- 
tore a fefni^ary redute-d to ruins by an lui* 
for^feen calarpify — inf^ead of afTifting in- 
dividual pouniQcence in atchievinga great 
public good — with'a narrow, mifefly, de- 
grading covetoufnefs, that would ilamp in- 
famy on Jewifh avarice, they make a prof* 
it out of tbe misfortyincs of the college— 
they exafcl, with tWe gripeof a iMrdrhearred 
tax-gatherer,' a duty on thofe booiis, purcha^ 



No. 1. 



Cfte 25a!<ittce* 



fed by the laborious edleftion ot affiduous 
^eiy and benevolence. Bafe and (hamefu. 
exalSion \ Foul blot on the naroe of A 
merica ! E'crnal reproach to a peop!' 
bojfting to be y'r^'if, literal ^nd eniight- 
ened, Ha^ an aft cA this kind at any tirne^ 
been jjftifiable, it would h^ve been at iW 
commencement of our national -govern 
ment. In palliation of fach a deed, it 
otight then to have been faid — *• We are 
deeply in debt — our honor is pledged for 
the payment of this debt — we muft bejvjQ 
before we are generous — 'we know not 
what will be the produce of oar revenue-^ 
nor what events may embarrafs ks' col lec- 
tion — for the prefent, therefore, bur pubh'c 
feminaries of learning muft pay a duty on 
the books they import." 

But, did our firft legiflators hold this 
language ? No ! To their eternal , honor 
they were above it. Rightly eftimating 
the value of knowledge-^ knowing full well 
that the honor and the character of a na- 
tion did not depend on the weight of its 
purfe, fo mujch as on the weight of talent 
and improvement it poffefTed-^and eleva- 
ted far above that pitiful, griping economy 
of the prefent day, they generoufly waved 
all advantage to be derived from the funds 
oV public, literary or charitable inilitu- 
tions — from the importation of books by 
incorporated focietres, for the promotion 
of knowledge or religion* 

If we enquireJntothe reasons on which 
d)is meafure is profefled to be grdupded, 
We (hall -find them as hollow and hypocrit- 
ical, ac the motives for ref uf^I were narrow 
Imd avaricious. ^ 

The firft one afligned by the Chairman, 
Mr. Randolph, (who, by-therbye, isprob- 
ably indebted for his feat in the Houfe of 
Reprefentatives to tIieedax:ation hereceiv- 
ed at Princeton College) ic, thatth^re was 
^ conjiitutional objeaion to granting the 
prayer of the petition, from that article \n 
the cooftitution at the United States which 
i§eclares that all '* imports and d.uties (hall 
be uniform" Aod would there be any 
greater want of uniformity in relea^ng the 
duties on a few books, imported by an un< 
iortunate and )a.te]y-demoli0ied, but now 
rifing inftitution, than in remitting the 
coUeSionof duties on the various articles 
which by our national code are wholly 
jexempt from impoft ? 

** rhilofophkal apparatus, imported for 
any (eminary of learning," is free of du- 
ty : — Is not jhis a violation of the unifor-' 
fnity contended for by Mr. Randolph ? and 
why Oiould ncH books be putxsn toe fame 
footing ? *^ ^U qianufaftures of the Uni- 
ted States — bollion — copper in pigs or 
barf — clothes and tooU of trade oi per Ions 
coming to refide whhin the United States 
— undreffed furs — raw hides — iron wire — 
plafter of Paris— old pewter — fait peire — 
lulpfaar-— tin jjigs or pJaie»— unmanufac- 



tured wood — and wool — are all exempt 
from duty on being imported in the United 
States. AlUhefe violations of uniformity 
in the colleftion of impoils are cxprefsly 
for the encouragement of /ome one branch 
of manu failures and for fbe relief of fome 
one clafsof citizens.' But whoever raifed 
the difficult^', or conceived it either m- 
politic'or unconflititiional for the national 
legiflature thus to encourage the arts and 
manufjrffures of the United States before 
the profound and elaborate Mr, R ■ ■ * ? 
' Ar^in, by the dlflTcrent revenue laws of 
the United States, certain ** fines, forfeit- 
ures and difabilitielj" are impofed for the 
violation of any of the provifion of ihefe 
laws — and thefe, without doubt, are to be 
as uniform as the duties therein laid — vet 
by turning to the aft of Congrefs. pafled 
on the 3^ March, 1797, and which aft is 
ftill in full force and operation— the learned 
cltairman of the committee, to whom was 
referred ihe Petition of Princeton College, 
would find that Congrefs there authorlled 
the Secretary of the Treafury, on the re- 
port of a diftrift judge, or of a flare court 
having jurifdiflion of the cafe, *« to mit- 
igate, remit any fine, forfeiture or penal- 
ty— or remove any difability or any part 
there^, as may, in his opinion have been 
incurred, without wilful negligence, or 
intention of fraud." 

But yet, the fame congiefs that could 
autfaorife the Secretary of the Treafury to 
remit a fine or penalty, for the violation 
of an asft for collefting duties in the Uni- 
ted States, cannot, without infringing the 
conftitntiofY, remit the duties on a few 
books imported by a ** feminary, eflablifb- 
ed for the promotion of knaw ledge aod re- 
ligion." — Rijum t4ttatis amici ! 

Another reafon for not granting the pray- 
er of the Truffees of New- Jerfey College, 
fays a grave Knight of the Shuttle, (Mr. 
F-^y) is, '^ that if this College may im- 
port books free of duty, all the Academies 
in the United States will expeft the fame.*' 
And where would be the great evil if they 
did ? If any number of perfons, friendly 
to learning, (hould colleft a fmall fund for 
the purchafe of books, why fhould they 
not be permitted to get the largeH number 
of books poflible for their money, without 
being faddled with a fee to a government, 
whofe treafury is rich and overflowing. 

But is it fair to argue from a privilege 
granted to an inflitution under p^eculiar cir 
cumjiantest that ev€ry other in the Union 
fhould enjoy the fd me ? Becaufe drtiggifts 
can import Sulphur and Saltpetre free of 
doty, muft all oilier drugi and medirines 
be alfo free ? Becaufe tanners may import* 
raw hides , without paying impofi, are 
(hoe- makers alfo to be permitted to impo^-t 
tanned leather^ duty free ? Becaufe fur- 
riers may receive their furs, without pay- 
ing duty, are bo&era 9^d woollen-drapers 



to import ftockings and cl<vhs, duly free ? 
No ! This fyfteni of logic will not bear 
examination. The -uniformity required 
by tiie conftitution is of a very different na- 
ture, and relates more iojlates ihzn to" in- 
dividuals. , 

But again, fays one of our wife^ legifla- 
tors,'' perhaps if we give thefe great Colleges 
the right of importing books, duty free, 
they '9i\\\ [peculate oh this privilege, and 
ij import boeks for fale," A very likely 
case indeed 1 Colleges turned to Book- 
ftorejp^and the learned Prefidents and 
Profcffors, inftead of attending to the 
high duties of their refpeftive places, 
metamorphofed into a fet of *(70)fc- fellers ! ! 
-^A moft admirable reafon to be fure, for 
refufing to remit the duties on a few booki 
alrfidy imported.- 

What a defpicable idea muft foreigner! 
entertain of the intetleft^ of our National Le- 
giflature, wheny«cA reafoning is lifiened to* 
with patience — & what concluftDn will they 
draw when they find it decifive and fuc- 
cefsfnl. \Ax it be remembered however, 
that if fuch reafoning and raeafores, now 
are heard and approved, there was a time, 
when more enlarge views influenced our 
National Council, and when (uch illiber- 
d\ and Gothic ecnn*nny would have beca 
defpifed and rcjefted. 

BARDEL. 



laOM TiTE PH^LAD. REGISTER. 

THE' fimpfification of our interconrfe 
with foreign nations has, of late, been 
fuch as to preclude the poilibility of any 
difFeence ending in hoftility — Ournegoci- 
ations have been fo condiijfted as not only 
to relieve the people from any apprehen* * 
(ion of war^ but alfo to take from our ad« 
minifiration ajl the trouble attending on 
difpoted rights. 

Dafe* France intimate a wifh that our 
trade with St. Domingo (hould be aboliih- 
ed.'^^Io eiKjuiry is made into the nature 
of that trade ; it is neither defended as 
lawfvrl which it might be, by the authori« 
ties of the ableft writers on the laws of na- 
tions — ^flor if it maintained on the ground 
of its extreme benefit to our country, with- 
out its being of the fmallt ft detriment to 
France ; it is riot even intimated to France 
that Great-Brhain muijleagrofis ail the ben. * 
efit^ which we are thus pompdled to relin- 
quiftr^ 

No argument (arms- with Mr. Jcfferfon* 
are out oi the queftion) is made ufe of to 
prefervc. a commerce which is lawftf), 
which rewards the enterprize of our mer- 
chants, benefits our farmers, employs our 
feamen and mechanics, and Iweils the rev- 
enue of the Uaited Sates — For thefe fev- 
er^l imerefls^ Mr. Jrffeifon has never dif. 
covjered »ny cxiiaof denary degree of folic- 



^fie %aimtt 



Hade, and Mr, Gallatin has a ready reme- 
dy ior any deficiency in the public income; 
care and calculation miift not be permitted 
to difturbthe repofe ot* our rulers, when' 
a (hort fuggeftion-to prevent the arming ot* 
our veffels, and a round addendum' of 2 | 
ppr cent, on our impaired commerce, may 
efiVflually anfwer every wifti of our pa- 
cific adminiftration. — The nod ol the Em- 
peror fupercedes the laws oJ nations, and 
the convenience of Pirates and Quccaneers 
ukes place of the rights of our merchants. 

That Mr. Jcfferfon fhoujd ovferlo<|c the 
interefls ot commerce excites no wonder ; 
it is but a continuation ot that policy, 
which he has uniformly p^irfued, and by 
which every meafure of his adminiftration 
has been dirtinguiihed— but that Mr. Jef- 
ferfon (hould interfere in our commercial 
concerns at the ri(kot deranging his fchemes 
of economy, or to the prorbable interrup- 
tion of his pacific plans, is indeed a caufe 
of aftoniftment — it fervcs, however, to 
ihew that his difpofition towards our mer- 
chants is to be cherifhcd, whatever the in- 
dulgence may coft either in its immediate 
fffefls, or remoter confequences. 

On this reafoningj and on this alone, 
cati we account for his fuggeftlon to Con- 
grefs, that our merch»its (houid be pre- 
vented from arming their veflels, and that 
the trade to St. Dcraingo, the moft lucra- 
tive which our country enjoys, fhould, 
thereby be interdiQcd — for Mr. Jeffer- 
fon, rnauire his ^un koatSj will not pre- 
tend indifference to the temper with AVhich 
the Emperor ol Hayti muft learn this prohi* 
bition of the intercourfe between W#^nation 
and the United States ; nor will Mr. Jef* 
; ierfonalleoge that any confcqijenccs which 
might have refuhed from the difcontent of 
- the Emperor N'lpoleon, under a due ex- 
planation of circumftances, would have 
been more deiiimenial to the coma>erce 
and rex'enue of the United States, than 
a war with the fable E nperor of the Wefl. 




. Be it out weekly task, 
. To note the pwsing tiding of the times. 
>>>»«e*c<c<<4 

. i^Utr,^0n5 January 1. 

^ The Hudfnn A(rcmhlics will com- 
ip^ice,at Bingham's new Afifembly Room, 
on Thuifday evening next, 

llie (h'p Juno, of thisporf, hound cut 
on a whaling voyage, when only a lea^Mes 
from the Hook, was boarded by the Bt't- 
ilhtiigate Cambrian, /and her matei Pa- 



rick Cunningham, impreffed, notwith- 
rtandmg his havin;i been naturalized, and 
pofTefliiig a prote6lion. 

It iS fcaicely a week fince the demo- 
cratic Dopers w^re boaftingot the prompt 
and efiicieni meafures which our adminif- 
tration had adopted /or preventing the lu- 
cure infuhs and ag^reffions o\ the BritiCb ; 
and yet we fee ihefe injuries repeated under 
our very nofes. The owners ol the Juno 
are amoug the loiideft advocatcs4>J Mr. 
JJTerfon. We congratulate them on his 
re.e!e€>ion, and on his fine plan ot gun- 
boat prottQion. 

We feel a peculiar fatislaflion in an- 
nouncing that a relolution has recently 
been unanimoufly adopted by the Cincin- 
nati Society of this Hate, ^** that if any 
member oF the fociely (hall be hereafter 
concerned in a duel either as a principal or 
as an accefl'«ry, he (hall be expelled the fo- 
ciety." 

Pierce Butler, Efq. ot South Carolina, 
has refigned his feat in the Senate of the 
United States. Abraham Baldwin is re- 
elcfled a Senator from Georgia, Paul 
Hamilton, Efq. is ele£led Qovernor of 
South-Carolina. 

Mr. feaillard and Mr. Sumpter,'^re e- 
Ie6led Senators in Congiefs Irom that (late. 

Mr. Elliot, the honefl Democratic mem- 
ber of Congrefs from Vermont, isre-cleS- 
ed. It is faid. he bad a general federal fup- 
port. 

John Page, Efq. is re-elefted Governor 
of Virginia ; and William B. Giles, Sen- 
ator in Congrefs fron^^iat flae« 

A law for more effeftually preventing 
the impprtation of flaves, has paffed in 
Georgia. 

A gentleman on horfe back was lately 
flopped by a foot- pad in Weil-Chefler 
county, and his money demanded. He 
ftfuck the robber with a l(>aded whip, and 
felled him. In the afl of falling, the pif- 
tcl which he had pointed at the bread of 
: he gentleman, was difeharged, bat with- 
<»ut doing^any iiijury. 

An nttempt was made oh ehe ni^ht of 
the 29th uh. to fet fire tea houfe '\i\ Pcarl- 
Slrcet, New-York. 

Several ^tempts have been made to fet 
fire to the town of Portlmouth, N. H. 

The ftr>res of Bailey & Bogert, lately 
burnt at New- York, were injured. Their 
lofs is therefore inconfiderable. 



On Saturday morning at about 4 o'clock 
the houfe of Mr. JefTrey Smith, at Braver 
Pond, Jamaica, L. I, took fire by accident, 



foR ims\ 



and fpreadl To ^apjdly, and got fuch a head 
befoic it wa^ difcovercd, that the whole 
was enveloped in ilitncs before any perfoit 
bad made their efcape. A little boy and 
gill, however, weie awakened jufl time e* 
nou;>h to efcape from a h Tnd death by 
leaping through the fmokc fiom a win- 
dow. Mrs. S^T^iih herfelf, with three chil- 
dren, who all fl<"pt in the fame bed with 
her, were burnt to death, and Ijy buried 
in the ruins. What adds to tins pictuie- 
of diftrefs, the hufband and the father of 
the wiie were abfent, having Icit home li.e 
preceding evening, to be early at the Fly. 
matket, where they were at the time ol wri. 
ting the letter which conveyed the above 
intelligence, o^iterly urjconfcious ol the 
calamity that had befallen them. It is af» 
certainedUiatthis fire took hv a fpaik (roni 
the hearth. • [iV. Vor^. paper J\ 

A man was htely committed to jail, in 
Bofton, for paffing a primed bill ol four 
dollars, with the name oi Samuel Covcrly, 
forged as figner. Another was committed 
for pafling a bill of the fame kind and dc« 
nomination v"\^ the name of Samuel 
Hewes, forge^r*"^^^ 7ner. 

A treaty has been concluded between 
the ftate of Georgia and the Creek nation 
of Indians, the terms of which are highly 
favorable to the former. The in format ioa 
was communicated by Governor NJilledge 
to the legiflature of Georgia : according 
to iJkc treaty the Oakmulgee river is made 
th^ boundary between the contra£ling par- 
ties ; this flipulation has for years been de- 
fired, as well on account of the value of 
the land ceded by the Creeks, as from th« 
importance of having the Oakmulgee al 
the boundary. 

The fire-w;ood infpefled. in the city of 
New-York, in the month of November 
laft, amoutlted to 26,7991 cartmen's loads, 
or 8,766! cords— aggregate value 62,919 
dollars ^6 cents. 

Such was the effcft produced by the? 
September gale, on the vegetation in the 
vicinity of Chariefton, S. C that moft of 
the trees budded out, and prefented the ap- 
pearance of a Teeond fprinjr. Ripemul- 
.berjes were gathered late in November. 

ExtraB of a Utter from St, Tkomas, da* 
trd Novemher 25, received in AVa/- 
York^ via Philadelphia, • 
** On »he 22d jrft, about half paft fev- 
cn o'clock, a fire broke out in the houfe 
<:xf Wafwo and Mufenburgh; of this iflancf, 
and raged with fuch unexampled fury that 
notwithlfanding every exertion, it proceed- 
ed to the houfe of Capt. Kerr at the lower 
end of the town, before it could be got 
under, leavinj? nothing but bar^ waJls from 
the Cuflom- Houfe all the way ^to Mr. 



No. 1. 



Cfte 25alatt«» 



K^n\s I {uppofe thai a? lenl) five thnjif. 
ar.d wh'AC inhahiunu arc u'i:!\a-il flr U-r, 
aMT>ti."h every public an i privarebuiiriin/j 
that efcapeH are apriopriate-i to ihcir u^j, 
llic p?rt ct the town frcn the Bridge to 
the' E^/lwarr!. excepting the Company's 
S'ore^, are all faved. 

BOSTOM, DEC. 22. 
LA7rS7 Fi:OM MALAGA.^ 
Capt. Williams, of ilie fad failinfir brig 
JuiMiia, arrived at Gloucrfler, on T'nuKf 
diV Uft, in 43 days trom Milagj, and 35 
Irotn the ennanceot the Stres^hfji, inh^rms, 
"that the ficknels at Mil^-^a had nearly 
ceafed ; and that it w^s the general opin- 
ion war h.jd taken p'acc between Great 
Britain and Sp'iin.iho' no formal d«'clara 
tion had ai-pcared.** Cipt. W. faw an 
Eni^lilh friqaic in ch ife of a large Spanifh 
ihip off Cadiz ; and fuppofcd the latter 
was captured. 

Spanijh Prizes. — Th?re are letters in 
town from the River of Plate, dated Ang. 
IS, which mention, that on the 6 h of that 
raoDth, the feamen of all t!ie ^cflels in the 
river excepting two, werepreflld to rein- 
force the crews of three Spanifh frig^ites, 
then lying at M'>ntevido, laden wirh fpe. 
rie, and boond irri mediately for Cadiz. 
This circainftance is fjiven as corrobora- 
tive of the Engliffi accoutit of the capture 
of the Spanifh ireafure (hips. It is proba- 
ble, the finglifh f Agates were ftaiioned off 
thefooihern Azores to, intercept thcie ve^ 
fels ; — which they anticipated would make 
&\. M=»ry's their fiift land-fBll from the 
coaft ; when bound to Old Spain. 

A gentleman who refided fome years on 
Ibe Rio de la Plate, mentions, that during 
the late war with Spain, there were up- 
wards of thirty millions ot dollars colleft- 
ed at Buenos Ayres, and dcf^ined for the 
mother cotintry, brought from the interior 
country on mules. 

It is probable from the number ot men 
the Spanifh captured frigate took on board 
in the river, they had heard of an expefl- 
ed rupture bctweeft Great-Britain and 
Spain, before tteir depanure. ^ 

Thofe acquainted with the Spanifb na- 
vy, fay, the Faroe, captured by the Eng- 
lifh, is one ot the fineft frigates in the 
world. 

FORE tG N. ' 

By a gentleman of information juft ar- 
fivcd from Sr. Pcterfburg, (Ruflia) which 
he kfi the 26th Sejiember, we are inform- 
ed, that a war with France was confilerert 
a? inevitable. That the Chirge des-affjirs 
whirh had bfen le<t by the French Minif- 
ler, was ordered to leave Ruffia on the 
24th September ; but ilfar, in confequchce 
ot the receipt of information that the 
Ruffian Clurge-des-affairs had been de- 
Uiaed at Sirafturg, a courier had been dif- 



patchcd to Revel, to f!t-tJ*'in tl.e FK-rxli 
m^G :— l\..ii ilie tri-c-.fjU-n iuiviiy prcva:!; . 
i'l the K^iffi-n Ntvy \arui, and T^veral 
Oiip* of the line had been ordered out o! 
dock, which circuiTiQ^ncc, at this feafon 
of tlie year, cvi.iced urgency. T'h-Ji ^n 
army of 1,30.000 men wuh airembied on 
the wefbrn front er oi Rs;/!]:*, to command 
which the Grand Duke Coa(l4niirie(broth- 
er to the ETmeror, and an elcve of Su- 
warrow) left Peter Ihurg, fome diys before 
our informant fiilcd ; — That the general 
expefUlion was, that hu{li:iiies agairfl 
France would commence in the fprin/;, 
unlefs conciliatory propofiiions were re- 
ceived from Bonaparte during the winter. 
Ruflii caji fit out a navy ol leventy fail ol 
the tine. 

Sweden, it was agreed on all hands 
would foUow the foVtunes of Ruffia ; with- 
out whofe affiftance fhc was in no fitua- 
tion to cnp^age in a war, 

Denmark, it is faid, would preferve her 
neiJtralny as. long as fhe could ; and feem- 
ed rather inclined to France than Ruffia. 
S'le cannot long remain in peace, if. the 
expefted war breaks out. 

[^Bqfton Centinet,!^ 

LONDON, OCTOBER 20. 

Notwiihftanding what has been fa'id, an 
embiargo may be coniidered as having ac- 
tually taken place in Holland. The Alex- 
andriana, and upwards of 20 othtr veflels 
which bad cleared 6ut for Embd^ and 
other ports, are detained in the Texel, on 
fufpicion of being really cjeftined for this 
country. It was generally fuppofed that 
the Emperor would not declare an ab- 
folute embargo (the prelude, we conceive, 
to confifcation) until he had got the ports 
of Holland filled with vefTels; and there- 
fore, the orders for the prefent are only to 
detain fuch as are fufpeSed until further 
notice. All veflels arriving in the ports 
of the Batavian republic are examined by 
what are called Admiralty fhips ; and thofe 
on board of which Englifh produce is foutid 
are detained, and not fufFered to land their 
freight until the government fhall have 
come to a final determination on the fub- 
je6l. Thefe extraordinary meafures were 
firft adopted on the 9th inft. Neutral vef. 
fels are allowed to enter the Dutch ports 
unmolefted. 

Difpatches, it isfaid, werefent off from 
the Admiralty on Thurfday evening, to 
the commanders of our fquadrons, ^iifi 
frefh orders in refpeft to any Spanifh fhips 
they may fall in with. They a re fuppofed 
to be of the fame firm nature and decided 
tenor with the recent proceedings/ 

OCTOBER 22. 

We are happy iri the opportunity of 
publiftiing the important Note which was 
delivered by M. D'Ouhrill, the Ruffian 
Chaigc d' Affaires at Paris, on the aifl oi 

\ 



lafl Ju!r,.irj u'lii? I-. 1; e dffnnte hrtu-?en the 
Uv'.> P..vf!rs is m»;.c;i dr.:; iii'd. I'hf! con- 
reHc-i j»r)ir,ts ere rc'inced to four, and they 
i arc (0 Ipccific.iiA' flaicd 3S to c^lUf >t fpc 
cificand calfgoric^I arifwcrs. They are, 

K The ( vjcuaiion of ilic kingdom of 
Naples, and an'engaf-enient to rcfpcft its 
neutrality as well for the picfent as for the 
future. 

2. The.cflabljfhment of a h-^fis for a fi- 
nal aJjnftment cf the rfTairs of Italv, 

3. An indemnification tor the King of 

SardinW' 

4. ^d laftly tlie evacuation of the nor»h 
of Germany, and an engagement to refpcft 
Its neutrality lor the future. 

Such, were the pQints in di feu (Hon be* 
tween Ruffia and France, every one of 
which, ii we except the third, contains in 
ilfelf the feeds and caufes of lor.g and in- 
ve^crate^ hoflility^; that is, while the Em- 
peror j Alexander and his rival fiiall hold 
firm to their purpofe. 

The Provincial Chancellor, Von Med- 
ing, arrived at Hamburgh, on the 7th inff. 
from Hanover. The ol jeft o! his jour- ' 
ney is to demand another loan, on account 
of the State of Hanover, of a million cf 
French livres. A fimilar demand will af- 
terwards be made at Lubec. 

In the charge of the form of the Bata- 
vian government, M. Schimmelpennlnck 
be will nominated Prefident for life, and be 
invefled with a poWer adequate to that 
high office; a College of Governmentt 
confiftiog of five ipembers, will be fubor- 
dinate tobim. 

The paper called *« The Merchant," in 
the Englifh language at Rotterdam, is fup- 
prefled by order of the French Govern- 
ment.. 



CJe iltnot 

' MARRIED, 
> At Canaan, en the 23d ult. Mr. Saicwel S, 
Wilbur, of Chatham, to Mist Hanna» Fitch, 
daughter of Capt. Cyprian Fitch, of Canaan. 



mt iitfteii 




In this chy, John Orbbke Nixon, sen of Mr. 
James Nix<in, Jan. a^ 5. 



8 



0^ :^aUntt. 



Vot. IV. 




news-boy's address. 

180S. 

Still must the poetawell on cheerless tkcmcs— 
Still m^t Parnassus pour unpleasant itreanis : 
Darliness and gloom our hnrizon pervades— 
Our glory dwindles, and our brightness IHdes. 
Save where, in eastern skies, a streak of light 
Breaks through the darksome vapours of the night. 
Save where New -England, taught by wisdom's rule, 
Clings to her ttead^ babiu and her anCtetscbooL 
Save where that proud and mdependcnt state. 
With body small, but wi'h a spirit great, 
Triumphant Delaware all menace bf«tres. 
And scorns to truckle to the prince of daves. 

And mittt our greatness, once the poet's praise, 
I>^ve short and transient as the meteor^s Waze ? 
Must our republic, flourish but a day. 
And then in mist and darkness pass «iway ? 
Must that pure system, rear'd by toil and blood. 
Leave but a heap of rtrins where it stood ? 
Must Hifit*ry, like an antiquarian, stand 
And pick our <onstitmioci*8 ficagmentt from the 
sand? 

Such seems our wayward fate. Our nation fprung 
Like the tall pojjlar, yn porous and young- 
Rich was the aoil— wide spread the tendur root. 
And high in air the slender branches shoot : 
But mark the dire effect ! Its beauteous form 
Becomes the sport of ev'ry passing storm ; 
Its supple branches tremble at the touch- 
It shrinks too ofien, %nd it yields too ihuch : 
Faction's rude squall — and party's madd'ning gust 
Seize its proud head, and bend it to die dust ! 

Strong secni'd the fabric whkrh our fathers rear'd i 
Of matchless worth the stately work appeared : 
A triple column, sep'rate, yet conribin'd— 
Three parts distinct, but all in union join'd^— 
Each independent of the other two. 
But all required to keep the balance tr«e. 
This was the structure Washington approv'd ; 
This was .the system built by those he tov'd ; 
But now a'throug, w^o view'd the work with spite, 
•« Feeling their, power, but foi;gctting rijht. ' 
Raise thei^ rude hands, its teaunes to deface. 
Until the rmn'd column totters to its bate. 

Hard is the task, my country's shame to tell — 
To mark the glorious height from whence it fell : 
But truth imperious prompts the pain%l vheme, 
Kor grants a Ike to fiction's lulling drtam. 

Alas, America ! That patriot fire 
Which did, 'e*re late, your govemmentAnspire^ 
Is all extinct— white cold aod sordid viewa 
To4itdt of worth aQ coijmnMjye refuse. 



See-^-hcte "^our S^t\s in horrid bondage lie, • 
Raisiiig to heav'«^ the £upi>licat!ng eye '; 
Hear how they gf can bcrreath a bas!ia\7's rod ; 
Sec how tbey tremble at a monster's nod ; 
Hear the sharp clank of ev'ry galling cham ; 
See ho-^V they pine in \vv*tchedne.>s and i:ain ; 
And see your public purse-strings drawn too tight 
To loose their bonds, apd make their burthens light. 
Your millions squandered for a land of slaves — 
Your thctisands tilch'd by sycophantic knq.ves \ 
And yet your en<rg> is bid to Lg, 
Till scarce a gun-beat bears your hnmbled flag. 
Ships of all nations ca>wd uound your shores. 
And carry insult to your very doors ; 
Your jjowV defying, all your ports infest, 
Lau^h a\ your threats, and ruake your laws their 
jest. . • 

«* All this, and more"— but let us now forbear, 
And hope for btuer tiroes another year. 



vIDibet^itp. 



[It appears, from the following notice of a Wor- 
cester post-rider, that there is at least one person 
in the worid who is as well acquainted with the 
ar: ofd^nsung as our neighbor Stargazer. 

Edit. Bal.] 

FRt)M THE NATIONAL ACIS. 

George Washington Webb, (Poft- 
rid«r from Worccftcr to Northampton J lo- 
ticiis t^ fertou« and 'canc^d atienfion of 
each ol his cuftomers, who are indebted 
to him for nnore than on€ quarter's newf- 
papen«, to that portion offcripture, which 
may be found recorded in the latter claufe 
of the 28th vei . of ihc 18th chap, of the 
gofptl, according to Si. Matthew — ** fay 
me what thou owe/l.'* 

In difcourfing from thcfe words, it is 
the intention of th% preacher to make no 
divijiono\ his matter — to have nothing to 
do with nates, except bank-notes — and to 
treat the Itibjeft neither logically, ftor met- 
aphyfically, nor fcripttirally, nor reli- 
ijioufly, nor moratly, nor phyfically — but 
peremptorily /-^As he has had a mortal a. 
verfton to long-zoinded people, ever fin ce 
he began to collcft ncwfpaper accounts, 
he will be as brief n a tewyer's fummonF, 
and, leavinghis text to explain itfelF, come 
direftlytoihc improvement. 

Beloved bicthren ! Hearken unto me, 
^ind attend to ^he words ol my mouth ! 
Pay the Poft-rider quickly, when thou ar; 
in the way with him — left at any time the 
Poft-rider deliver thy accounts to the attor- 
fic V, and the attorney bring thee before the 
iodgc, and the judge deliver thee to the of- 
ficer, and thou be caft into prifoa. Ver- 
ily I fay unto thee, thou flialt by no means 
come out thence, till ibou haft paid the 
f utmufl lanbing ! ! ! 



A Fatal practice. 
Dr. Waterhoufe, in one of the late col- 
lege leflures, ilaied an alarming fa6^, viz. 
that ir.ilanccs of depraved health had in- 
creafed antJ were ircrcafing among the 
fcholars ; and that there are nrK>re heflical 
and confumptive complaints uithin three 
or four years pafl. than for upwards of 
/z//e«^jy years previous. Thecaufeol this 
declining health being fought lor, it was 
I found 10 originate principally fiora an iru 
dolcnt or fedentary habit, broi^ght on and 
continued by the cuftom of SMOAKING 
SEGAJiS. 

At a late court of fefTions in New-Yoik, 
** Carl A. Hoffman was convifled of 
affaulting James Wright^ his negro fldve, 
a boy about 12 years old, by ftripning him 
naked, tying his hands and feei together^ 
beating him on the naked body with a fc- 
verity too (hocking to bear recital, and 
(hen rubbing into his wounds a mixture 
of fait and brandy. Several other circum- 
ftances of almoft unexampled barbarity 
towards the boy came out on the trial ;r 
and the court fentenced his mafter to pay a 
fine of 2 JO dollars, and to enter into a re- 
cognizance to ke*?p the peaoe and to be of 
good behaviour for five years, hirofelf in 
1000 dollars, and two fure<ies to 500 doU 
larseach." 



TERMS OF THE BALANCE. 

^R 1805. 

To City Subftcribew, Two DoDars and Fifty 
Cents, payable quarterly. 

To those who receive them by m«l, Tw© Do!- 
lurt, payable in advance. 

To those who taKe their papers at the office, in 
bundles, or otherwise^ a deduction from the city 
price will be made. 

A handsome Title Page and Table of Conteatt 
will accompany the last number of the volume. 

Advertisements inserted in a handsome and ^n* 
flpicuous manner, in the Ati'vertiur which aceompa^ 
nies the Balance. , 

NOTE. 
The first second aad thml Volumes of the Balance 
may be had on the following terme '^ 
First Votume-^unbound'^ - % 2 

Second Volume, • - % 2, i^ 

7bird Volume, - - - g 3, 50 

7 be three together, • - g 6, 

If boMnd, the price of binding (either plain or eV 
egant) wHl be added. — An unbound vokime may be 
tent to any post-ofTice in the state fur 52 cents post- 
age ; or to any post-office in the union fur 76 cents 



PUBt^SHBO BT 

HARRY CROSWELL, 

W^rren-Street, Hudson. 

WBXna PRINTING I^ OBKBRAL tS EXSCV/M 
WIIH M&ATSJUS i^0 ACCVBACT. 



No. 2. 



COLUMBIAN 




Vol. IV. 



REPOSITORY. 



" HAIL SACRED POLITY, BY FREKDOM REAR'd I 

" HAIL SACRED FREEDOM, WHEN* BY IaW RESTRAINED !'* -. 

I BBATTX^ 



HUDSON, (Niw-YoRK) TUESDAY, January 8. ,805. 



' <2ltrttoriaL 

FEDERALISM. 

«••..•.*..« You were us'd 
To say, extremity was the trier of spirits ; 
Thai common chances common men could bear ; 
That, when the sea was calm, all boats alik^ 
Shew'd/nastershtp in floating. Fortone'&blows, 
Wlien most stmckhome, being gently warded* crave 
A noble cunning. You were us*d to load me 
With precepts that would make invincible 
The heart that cona'd them.'*— — 

S.9Aices^BAJt>. 



W. 



ITH pain ^nd dtfappoiat- 
ment, wc difcovcr, in lome of dur hrotli. 
cr editort , evident figns^of defpond^by* — 
with pa]n» becaure it has an injurious ten- 
dency — with difappointment, b'ecaufe wc 
did believf thaijcderalifts knew better how 
10 bear adverfuy. Neither nations, indi- 
viduals, b&s nor focietics cm\ cxpeft to 
enjoy unSsierrupted profpcrity and happi- 
ncff. Every thing human i$ iubpti to 
change ; and nothing more fo, than polit- 
ical parties. Federalifls liave had a glori. 
ous day— glorious, 4)ccaafe, when jheir 
fun was in its zenith, their aCls were tem^ 
pcred with juftlce and moderation-^heir 
power was not abufed — they were not in- 
toxicated with profpcrity. Aiming onJy 
at the public g<K)d, they calmly relied on 
ihc public fentiment for fupport. They 
inviicd their opponents to invcftigate their 
nseafures with freedom ; and repofmEr on 
the confcious reftiiude of their motives, 
tfaey fmiled caotemptuoufly on all whc^ 
called thofe motives in queflion. But 
their opponents were ambitious, cunning 
artfol, pei fevering and induftrious be>ond 
example. They were not di (heartened by 
defeat. They ftuck at no means, however 
bale. They were not abafhed by detcaign. 



They advanced by degrees, until they have 

at length gained the afcendancy. View 

ingthe two parties as they now ftand, can 

the fedefalifts fee any caufe for defponden- 

cy ? Nay^ have they not the flrongeft evi- 

dence, that their political opponents are 

foon.to become their o^.n executioners. 

The democrau have now arrived at that 

giddy height from which they muft even- 

tiij^lly fall by their own indifcretion. Mad, 

ijitoxicated, heated with fcvengefol paf. 

fioDs, they lofe fight of prudence— they 

turn their power into an engine of perfc- 

<;^iion — ^they put a gag in the mouth of 

Truth ; and contumelioufly taunt their 

vanqoiftied CDcmj?s> Selfifh, jealotis and 

diftrufttul,they quarrel amongftthemfelves 

for the fpoiU gained in viQory— they have 

no confidence in each other— they inhabit 

a ^razy ind divided houfe, which cannot 

ftand. The moderate and refl^rfting men 

of the party, ftan back with horror from 

the fcenc of anarchy which is prefented 

to their view, and Ccken at the. thought 

of having been inftrumental in bringing a. 

bout fuch a (late of things. Safety muft 

finally be fought under the banners of led- 

eralifm. The people will again return to 

(heir fenfes, and democracy muft retrace 

its fteps. 

SOUTHERN CUSTOMS TRAVELLING NORTHERLY. 

IT has long been cuftom^ry for South- 
ern patriots, who feel an itch for office, to 
adveriile ihemfeivcs as candidates in the 
public papers. It is faid that the printers 
in ftates which faiiQion this cuftom, de- 
rive very con fider able profit, fron4 the no- 
::ces of thefe modeft patriots. We there- 
f ue announce, with great pleafure, that 
fince the elefciion of prefident, this ftate 
has become fo iond of Virginia notions, 



that ihe cuftom is likely to prevail here,a« 
will appear by the following article which 
we copy from the New -York McrcAniiU 
Advertijir /-r- 

*• Dr. James Smith,- of this city^ has 
*• OfFrred himfelt a candidate to reprefeut 
*• the third fouthern congreflional diftrift 
*• oftbe ftate of New- York in the Con- 
" grefi of the United States, in the room 
" of I>r. Mitchell, reracjvedto the Senate; 
*' and has publifhed an addrefs to the E- 
** JeQors, in which he fays their "condufl 
" bar hitherto been matkcdwitha crimu, 
'''nal apaihy, ^x^gmni with incalcula- 
** ble>vi!> ;*' and, that it has ••pointed 
" them' out the obje£ts of contempt and 
•• ^ierifion.*' He vindicates the praQicc 
•• of offcritig hiijifeif to \\xe\T choice'by the 
*• exatfiple of Virginia ; (hews ten advan- 
" tagej. which would refult from this prac- 
•• tire Becoming general ; and *' pr^fcnts 
*• his wiliingnejs'' to forego the graiifica- 
" tion of repofe •• in behaife'of the com- 
*• mercia^ mechanic, artd Agricultural in- 
*• terefts of the country.!' 

We have not yet feen Dr. Smith's ad- 
drefs ; but we Jare prefuroe it is a moft 
ingen^us thing. Wc admire, above all, 
his mode of vindicating tlie pra£lice i and 
it is tote hoped thai the ti.-ne is not far dii- 
tant, whrn it will be a fufficient juftifica- 
tion of any aa to fay,-^cA things^ are 
cvjlomary in Virginia. Although we 
were feofible that many advantages would 
refult from thcpraflice becoming general, 
yet we aould not have believed that they 

would fmount to ten in number We 

hope ant truft the citizens of New-York 
will reward Dr. Smith for his patriotic and 
praife worthy oflfc-r, by giving him the 
feat, l)e fo modeflly aiks for. 



10 



Cfte SJalonce* 



For 1805. 



PoMtat 



Wirh great pWasurc, wc extend to the writer of the 
j I lowing article (the Ert'tor of the Utica Patwot) 
the rigbt band cf JeUoK^ahtp. Animated by such 
i»entiment8, federalists have nothing to do but to 
remain stedfast in their faiih, and aH will yet be 
well. Edit. Bal.] 

FROM THE UTICA PATRIOT. 



That ** there is a defiiny in thisjirange 
: arid that oft decrees an undcjcrved 
doom^* is bui too manitcft in the luccefs 
^irhich has crowned the machinations of 
anti-leckralifts, who arc enemies to the 
federal government, and in the depreflion 
oi thofe who flrugj^lcd for the prefervation 
oFthdtlilery which inch a fyfteni could alone 
iecure. In ihe moral government of the 
world, we are daily witneffes, that by 
the lufcrutible decrees ol providence, 
*• \»l:ore w?vs are pad finding cut," the 
\, ickcd firofper, ai.d the righteous arecaiif- 
ed to tafle the bitter cup ot adverfity. But 
\<.e arc affiired that the day of retribution 
%\m11 eventually come, that tho' the wicked 
ior a time arc fufFered to enjoy the fruits of 
iheir iniq' itv, and triumph over the wif- 
doro of the virtuous, yet that the fame Al- 
mighty arm which upholds them for a time, 
will arreft them in their career, •• and de- 
firuOion will come upon ifcem H1l:>»# whirJ • 
wind." That the motives which dftuate' 
f«deralirts are virtuous, thai the?i' caufe is 
juft, and that the principles which are en- 
flam^ed on every feature of the fedesaf 
conffitution, originated in wifdom, are 
truths that confole them in adverfity, and 
vill prompt th<*m never to ccafe in their 
exertions. They will face the enemy in 
every pofiiion they afTume, and we truft 
they will eventually refurae that ftation 
irotn which they have been fo unmerired- 
ly driven. Power obtained by fuch means, 
and hoitf med on fuch policy as tliat which 
has graced the caufe of anti-fedcralifm, 
cannot he permanent. It carries with it 
the feeds of its owndifTolution. The fame 
fpirit that di£lated and the fame pafBons 
that pron)pteri tocdumny, detraSioD,falfc- 
b( od, ;«nfi every fpecits of infamy, to ac- 
comolini their nefniors purpofes^ in op- 
pofifion to fc.^tTsliftji, ft:ll cxift among the 
paiiv, and will be turned to the deflruc- 
tJoT- ol rachotl.cr. Wc hjve already wit- 
jfi IR-il inftancr*: of difaffcfijon, and the 
pan^ muU ere loi^-^ f. 11 under the prcdiire 
of its own jn^nrifv. Difcord is the le- 
gimsie cluld o* fuclj parents, and ^ivin.m 
and uedknefs ijTuc from their lotus. The 
claims of needy (office- feekeis are too nu- 
merous to hegiaiiiicd arid difappj intment 
will enp^cnder hatred. Deflitut^f of prin- 
ciple, and p'.iided by qo motiv^ but felf 
imeitfi, ihc4ifaHc£i'.d will revolt, the par- 



ty will become diforganized, and the mif- 
erable dupes of unprincipled demagogues, 
left to lament their credulity and figh over 
the ruin they have occafioned. The caufe 
of virtue and truth muft prevail. — The 
/lamina, the vital principle of government 
yet remains, and tho* many untoward events 
feem to threaten univerfal deftru8ion, yet 
there is a power who can fay ** thus far 
(halt thou go and no farther." T4)c angry 
paffions of its enemy are fome what allay- 
ed by gratificaf -on, and reafon may dilate 
the importanceof preferving fo much as is 
neceflary for his own political exiflence. 
The caufe of fcderalifm, we truff , has paflT- 
ed 113 rooft gloomy period. Tne ebb tide 
has arrived to its utmoft point, and will 
fhortly be fucceeded by a flood which ,will 
overwhelm its enemies ifl •* one prodi- 
gious ruin." — ^The government again in 
the hands of the federalifls, the wounds 
which have been inflifled on the conftitu- 
tion, would be fhortly healed, the govern- 
ment would convalefce from its prefent 
weaknefs to perfeft health and vigour, and 
the blefTings of rational liberty, would a 
gain be enjoyed in its prifiine purity. Then 
let fedcralifls, knowing the juOiccr of their 
cau/e and its importance to the falvation of 
their country, be animated to exeition and 
let each good man and true, adopt for him- 
felf the language of the poet — 
(' Here I take my stand. 



Here on the brink, the very verge of liberty ; 
Altho* contention rise upon the clouds. 
Mix heav*n with earth, and roll the ruin onward i 
Here will I fix, and breast me to th* shock, 
Tittl, otVenmark fall.* ' i ■ . *' 



FROM THE PHILADELPHIA GAZETTE. 

From Wajkington, Dec. 24.-^The bill 
for regulating the clearance of armed mer- 
chant VefTels occupied the principal atien- 
tion of the hoiife this day. Whatever may 
be faid to the contrary, I feel a perfeft con- 
viflion that very many of the democratic 
members of the houfe entertain a flrong 
diilike fr» the inlercfts of our merchants. 
Thisdiflike hns been ftrih'ngly exemplifi- 
ed in the conduQ of Mr. Eppe?, the Prefi. 
dent's fon-in-hw. — Having failed in gain- 
ing a majority for wholly fupprefTing the 
commercial iniercourfe with St. Domingo; 
— an interc^urfe which is fully juffified by 
V^otcl and Grotiusas well as the di6fates of 
common fcnfe ; and an iniercourfe more- 
over, which has never been officially for- 
bidden by the French, and againft which 
not even a rcqiieff has l>een c^fficlally made 
by that power ; Mr Eppes has now bro'i 
forward a bill, which, under pretence of 
preventing outrages on our part, is only 
calculated to embarrafs and unnecefTarily 
diflrefs commerce. Mr. Morrow and Den- 
nis Ipoke in favor of recommitting, the 



bill , fifty appeared in favor of recommit- 
ting, and fifty again/f it; the Speaker de. 
cideM againfl recommitting. It was then 
moved to recommit the fecond fc£lion ot 
the bill. Mr. R. Grifwold, D<)na, and 
Dennis oppofed the bill with much argu^ 
ment, and at confiderable length. It was 
afked, what neceffity exif^ed for the bill, 
or why the prefervation of peace wasitfiot 
as likely to continue without as with this 
compelling our merchants to provide fuch 
exorbitant fecurity ? whether any offenjive 
ufe of arms had been, or was like to enfue ? 
whether the bill was intended to fatisfy or 
to pleafe one of the new made emperors ? 
whether the fear of ofTending fuch a power 
was to prevent the exercifcof ourcominer* 
cial rights? It was (fated, that it was not 
our bufinefs to enquire how St. Domingo 
became independam ; it was fufficient for 
us that (he was fo. It was (fated, that ma<« 
ny vefTels were buik on the Weftern wa- 
ters, for the purpofe of being fold in the 
Weft-Indies; and it was urged that the 
owners of fuch veflTels ought to be allowed 
to fell alfo the arms that were neceflfarily 
employed for the fecurity of fuch ^veffels. 
It was urged that by the prefent provifion 
of the'bill, in(fead of the owner or mafler, 
the vefTil itfelf was liable to he hvng ; and 
the difficulty of executing fuch puni(h« 
ment on fuch guilty vf (Itfls, ought to be 
confidered a fcrious ol^jcflion to the bill. 
Eppes was the principal fpeaker in favor ot 
tfic Wl. He faid it had been comrritted, 
recowimitted and recommitted again (which 
only proves tl.at they who drew it up, went 
on wrong principle?, or were bunglers.) 
He had no idea of allowing the independ* 
euceofSt. Domingo, nor did he include 
the blacks in the rights of man. His wifh 
was, to prevent' arming altogether ; but 
ah the houfe had decided agaitift him, his 
wifh tnen.was, to prevent an improper ufo 
of arms, and this was to be effefled by 
competing heavy fecurity ; hence the 
peace of the United Slates would not be 
fo liable to hazard. 

In anfwer to fome obfcrvations of Mr. 
Grifwold^ he faid. that if il.c gcniltnian 
from ConneQicut (hould goon boatrf an 
armed merchant (hip and commit outnigr5, 
and if he [Eppes] were a judge to fry hii^, 
he would certainly harg him — Mr. Grif- 
wold told him he had no doubt of that. 

Mr. Jackfon,- ^ young man from Vir- 
ginia, who wi(hes to make a "figure in Cori- 
grefs, but viho never will a great one, 
fpoke at fome length in favor of the bil* ; 
but I noticed nothing worthy of mnch t^-t*- 
II ce : fie faid we were forcing a trade with 
St. Domingo,*in violation of all laws hu^ 
man and divine. Smilie faid foraethiog a- 
bout •* a improper a6f.** and that ** the 
times has changed,** &c. but ^is argu- 
ments and language are fo much alike, &^X 
there was. nothing worth remembcnn^r 



2. 



€8e balance* 



11 



The veas and navs were ; in favor of the 
bill 76, agaipft it 33. 

Thus the bill h^s p-ifled ; and it appears 
to me to be a fanftion by Congrefs of the 
St. Doiningo tra.4€ : and the only injury to 
our merchants is the requiring of unneccf- 
iary fecnrity. 

The Houle aHjourned till Wfedncfday 




<JHliitot'^ Closet* 



MITCHELL'S POETRY. 

I have received an Addrefs to the New- 
year, dedicated to the p«trotis of the Ple- 
beian, and written, without any queftion, 
by that rare chiW of genius, Mitchell, of 
whom I have hitherto had occafioo to 
make honorable mention. If Mitchell 
would take my advice, he would never a- 
gain beflride his Pegafus. , Why his neck 
has not already been broken, it is difficult 
■to tcil ; for fuch a hobbling, floulicing, 
fiumbling poney, one would ' fuppofe, 
would unhorfe a better rider than Mitch- 
ell. The addrefs, now before me, is or- 
namentefd with a moll elegant border, and 
with a cap of mafonic emblems. Deceiv- 
ed by thefe outfide appearances tbe reader 
would flUprally expe£l to find fomething 
within theencloftire, at lead tolerable. But 
on examination, thefe ornaments prove to 
be mere guUtraps, (e t to catch th^ unwary. 
Mitchell, in this refpeS, imitates certain 
keepers of little paltry inns, who ll^pg out 
an elegant fign of wa/^/iry to entice their 
travelling brethren to call aiKl fpend their 
iDoney,^when their fare is fo mean and 
coarfe, and fo badly ferved up, that it is 
bardiy fit to throw to the dogs. 

Let us now pafs .over the border, and 
view the infide of the work :— 

The poet bids eighteen hundred five 
•« good morning" with ** a low congee," 
and then fays, * 

*« By chance you've found ua all alive. 

Except »omc few where dead and gone," &c. 

Mitchell feems to ftrive to avoid in his po- 
etry, tbofe bulls and blunders, which fo 



frequently occur in his profe. In this 
place he has been very caifeful to tell us 
that aH are alive except a Jew who are 
dead-^z very wife obfervaiion, and one 
which has alfo the merit of being true. 

The po.et then addrcfTes the *• dread 
power," in the following elegant ftrain : 

" While I, yoor laureat bard, presume, 
My vive voce fiddle to tune. 
And, regal minstvcl like, upon it, ^ 
Present you with a birth-day sonnet. 
And first, 'tis right I shcuU inform you 
Of past events, thereby to warn you 
To shun the rocks and sand-banks quick. 
On which your predecessors split." 

This is the fiift time I ever heard of a 
«• vive voce fiddle ;" but I once knew a 
man who gravely declared, that, " of all 
injlrumental mufick he liked vocal the 
beft." MiichelTs idea, however, (^ ems to 
be tolerably apt ; for, if all accounts are 
true, hp is not much unlike a fiddle. ^ It is 
underftood that he ccnild be made to play 
almoft any iune. Allowing the idea to be 
correft, I think the metre and melody of 
the line jnight be greatly improved, as 
thus. 

While T, your laureat bard, presume, 
^^y vocal violin to tune. 

But, alter all, the lines will not jingle. 
Out of the four couplets above quoted, 
there is but one good rhyme. " Prejum^'* 
and «• tune,'' are a bad match — •• inform 
you*' and " warn you" worfe Hill — 
*' quick" and *'*fplfl" worfe and wcrfe. 

Next follows a fimile, for which the 
writer deferves credit. It is not only apt 
and natural, but it furnifhes, whatever 
might have been the objeft o\ the poet, a 
moft accurate idea of the prefent adminif- 
tration — 

«» He, like tnost men who grasp at power, 
The loarre znd JUJbes to devoiur, 
Commenc'd his reign with mildest sway. 
Swept snows and melted ice away ; 
Calld southern gales on balmy wing, 
And gave the tlowing charms of spring 1 

• • • • 

But when the height of power he'd gain'd, 
And all he hop'd or wished obtained, 
He then the tyrant «gan to play, 
And rul'd us with despotic sway." 

Next comes another jumble of bad 
rhymes — *« name" and •• reign" are cou- 
pled ; and in the courfe of the piece, I 
find, " hacA us" and «• at us"—** make" 
and **JiaU"—** beatings" and *' weap^ 
ons" &c. But the following couplet I 



think mofl delerving of notice and admi« 

ration— 

I «« And if no hole is found to stop'cm, 
Thoy'H soon be sprawling at the tiotiom." 

Mitchell is here fpeaking of the federal- 
i(l« ; but on reading it,.methought I be- 
held, ibe poor moop-ftrpck po^ fretting, 
panting, anti ftruggling to gain the height 
of Parnaflus ; but, being too heavy to af- 
cend, he came headlong dbwn, and, to- 
gethw with his Pegifus, were fprawling ia 
the mud at the bottom of the hill. 

STRANGE THINGS IN BOSTON. 

The BoJIon Democrat, under date of 
December t2, fays, " the winter is over 
and gone " 

STRANGER THINGS IN HUDSON. 

Our neighbor Stargazer, advert ifcs l!ut 
liis Almanack for 1805, will not be pub- 
lifhed until the enfuing fummer. 

ETYMOLOGY. 

The Luzerng Federaliji furniOies the 
foUowmg fingular article, w We prefume 
its corrcflnefl'nvill not be doubted : — 

*• When Mr. Jtffcrfon was governor of 
Virginia, the faucy Bruons, under the 
command of Lord Dunmore invaded that 
Bate, and our courageous chief is well 
known to have leiired to Carter's Moun. 
tain lor a place of refuge ; and out ot 
pure gratitude for the fecurity afforded 
him, be gave it the fine and appropriate 
name ot Monticello. This is derived 
from tfee two latin words Mons^ a moun- 
tain, and Celo^ to hide, and rendeieJ into 
plain Englifh, is a mountain to hide in / 
When the philofopher ventoted again into 
the world to preftrve the remembrance ot 
his exploit, he transfered the name froai 
Carter's Mountain to his own place ot rcfi. 
denoe." 

Man^complaints have come to band within 
few weeksj of the late and irregular arrival of o«r 
papers. At we are particularly careful in packing 
and directng the Balance ; and knowing that thej 
are promptly sent from the post-ofEce in this city, 
wc are at afloss to account for these irregularities , 
but we will erdcavor to discover the cause, atd 
j« correct the procedure*** 



12 



€6e 2pa!attce* 



Vol. IV. 




E X tTa C T. 



FROM THE COURANT. 



On the high cultivation of land in Europe. 



I 



fo 'cultivated as lo fiipport coinforiabIy« 
double, perhaps treble the inhabitants it 
now contains. - 



HBorittorial 



To aid the cause of virtue and religioii. 



T IS flatcd in a late publication 
that, in England and Wales, there are for- 
ty.four thoufand acres of hop-ground, pro- 
ducinjr on an average, thirty pounds fterling 
an acre ;— ten thoufand acres of n.ur/eries, 
producing fifty pounds an acre ; — and fifty 
thoufand acres ol Garden ground, yeild- 
ing the fom of fixty pounds an acre. The 
whole ground that is cultivated in thefe 
three ways, being one hundred and four 
thoufand acre?, is here fuppofed to yeild 
annually the vaft fumol four million eight 
hundred and twenty thoufand pounds fter- 
ling — ihat is, not far from twenty tniilion 
dollars. 

Arthur Young, fpcaking of tf* high 
ftate of cultivation to whiijh they, bring 
their land, in Ifola.that belongs to the plain 
of Bergamo in the territory of Vtnice, 
lays, •• It has twelve communities or par- 
iOies, that vie with one another in carry- 
ing f uliivation to its greateft height ; they 
rejeft entirely the plough, and do every 
thing with the fpade ; and efteem fi^re a. 
cres fufEcient maintainance for tour per- 
fons in all their expenccs whatever/' 

St. Per re, a celebrated French writer, 
defcribihg the hi^h ftate of cnliivation, in 
a certain part of France, fays, •? I have 
feen th^j'e, in the lr.i\e field, cherry trees 
growine i«^ potatoe heds ; vines clamber- 
ing up along the cherry trees, and lofty 
walnut trees rifing above the vines ; four 
crops, one above another, witliin the earth, 
upon tV»o earth, arH i<i the air. — The 
more iniiabitanis any country contains, 
(.^bferrei thatwriier,) the more produftive 
it is, FraTlcc coul'i maintain, perhaps, four 
times moie pc^^li? ihin it now contains, 
were it like C^in-', parcelled out Into a 
jrreat number ^f fmall fetholds." Yet 
France, wh<>fe no«7u!ation (riccordikgto the 
opinion of St. D.crrt) mi^ht be fftcreaff d 
fourfold bv brin|?jn^ all its lanlinto the 
beft ftate of cultivation, was thin about 
three tim'^s more populous according to 
their rofpeftive extents, than the ftate of 
Connefeticut now is. — It adrnfts of no^ 
-Houbi, that the lands ia this fldfe might be i^ 



EXTRACT, 

FROM THE TJRUK AMERICAN. 

" TO trr fometimtSy is nature / to rec- 
iify error tV always glory** laid the illuf- 
iiluftrious WaOiington, as he extended his 
hand to a man whom he had offended, and 
acknowledged he had been in the wrong. — 
Did we all feel the truth of this fentimcnt, 
and fee thenoblenefs of fuch conduft, how 
much difputihg, contention, and wrang- 
ling might be avoided-^how much our 
happinefs might be encreafed. But in- 
flead of confefiing and retra6^ing our fault, 
as did the magnanimous Wafliington, how 
many of us, after .we have difcovcred our 
errors, ftill cherifti them, and roll them as 
fweet morfels under our tongues ! Our 
pride refifts the idea of acknowledging 
that we have been deceived or duped, and 
we had rather perfift forever in the wrong 
than confefs we have ever been in it.|« 

Siich obftinacy is, however, iiffhe 
higheft degree cenfurable. We arc all li- 
able to be led aftray by the errors of bur 
own vmaginationg, or the falfhoods, mif- 
reprefentations, and artifices of our fellow 
men. — This liability is the common lot of 
humanity. It is no crime. It is no dif» 
grace. — But after mature refleftion, or 
better information, has difcovered to us 
our error, then it is both criminal and dif- 
graceful not to abandon it and embrace the 
truth. Let thofe who have been deceived 
by artful and defigning men, and who 
have been hitherto prevented by a Jalje 
Jhame from acknowledging the deception, 
and turning from the error of their ways, 
remember the frying of|Wa{hington, *• To 
err fometimes, is nature / t^ rellify errar 
is always glcry*' 



^eUtctctTt 



rejoice on this great event : JOSEPHINE 
was born among you j This ifland was her 
cradle. Martinique tiaa the glory of hav.- 
ing given to France her firft Emprefs, and 
ot now poflTefTingthe augiift mother, who 
gave her the firft leflfons oi thofe fublime 
virtues, which (he has carried to the 
throne V 

This may be flattering enough to th« 

Creoles of Martinique, but to the proud 

I natives of old France it muff and ever will 

; be a galling circumftance, that their £m^ 

^ per or and Emprefs were picked up by ac 

cident, in two ot)fcure Iflands ; one in 

CorfiCa, the other in Martinique. Thefe 

are the fuccelTors of the far famed race of 

Bourbons. In favor of Martinique we' 

may probably fay, with fafety, that xhcjub* 

lime virtues which carried the Emprefs 

Joftphine to the throne, through feveral 

hands, are by no means rare among the 

(iccomplijhed natives of that colony, 



yROM THE REPERTORY. 

IN an addrefs of Villaref, Captain Gen- 
tfrrt/ of Martinique^ recommending to the 
inhabitants a feftival on the occafion of! 
Bonaparte's elevation to the Imperial dig 
nity, we ohferve the following pafFd^e : — 

•* Inhabitants ofMafttnique — You have 
one rpotive moretban other Frenchmen, to 



FROM THE SAME. 

flRD'CA7CBING IN riRGIXIA. 

IN the year 1610, a Book was publiQiT 
ed in London containing a wonderful ac- 
count of the manner in which the firft fet- 
tlers of Virginia caught birds. It ^s a 
charafteriflic anecdote, and worthy of pref- 
crvation. The art has been taught to fuc* 
ceedW^ generations, and is at this day prac- 
tlfed by Virginians in the fame rnanner, mv- 
tatis ' mutandis y that it was two centuries 
ago. I have copied the ftory verbatim 
from the printed page. «• As in the prea^ 
famine of Ifrael,** fays this pious hiftori- 
an, ** Qod commanded Elias to flie to 
the brooke Cedron, and there fed him by 
Ravens ; fo God provided for our difcon*- 
folate people by f oules ; hut with an ad. 
mirable difference ; unto Plias the Ravens 
brought meat ; unto our men the foules 
brought I hemfelves for raeate ; for then 
they whlft'ed, or made any strange noyse^ 
the foi;les would come anl fit on thor 
flioulders ; they wottid fi^fT.T thrmfeW' s 
TO BE taken and WEIGHl^D by our n^en, 
who would make choice of THE fatte r 
AND FAIREST,* and let flie. the i.FAV and 
lightest ! ! t An accident, I take if, that 
cannot be paralleled by any Hyftorie !" 

* Geirrj, BowdoiTi, Clinton, «t id omne gTri!i», 
t viz, BuiT, Eusiis, Breckenridgc, Elliot, &c. 



TOAST, 

Drartk at Bofton, at the late anniverfriry 
of the landing of the firft fettlers of New- 
Enf^land^ at P'vmnuih ;— 

1 lif. Ha/y Land to which our Fathers 
were Pilgrims— Mny fufure emigrants, 
hke them, be honeft feekersy^r jufticr, 
not fugit'ivesy/TJ^ it. 



No. 2. 



CJe SPalanti^, 



13 



Mmmiat 

To the Senate and Houfe of Reprrfmia* 

fives of tk^ United States of America in 

Congrefs affembUd. 
The MEMORIAL of the Chamber of 

Commerce o! ihe city of New. York, 

refpe6lf«lly (hev^reih — 

That your Memorialifls are informed a 
Bill u depending in Congrefs, the objt6l 
of which is, to reftrain merchant veffels of 
the United States, from faiHng in an arm- 
ed condition. Sfrioudy imprefTed with 
the importance of this fuhjeft and prefum- 
ing that their diftance from the feat of j^oy. 
«romenf, will probably deprive them of 
an opportunity of confidering the tendency 
of the pravifions ol the propofed law, pri- 
or to the final decifion of the Le^iflature, 
thev refpettfiilly requeft permiffion to of- 
fer their fentim^nis on a meaf»jre, which 
muft direflly affeft their intercfts, and of 
which the confequencesare, iniheirjudg- 
ment, connected with the fecurity, credit 
and profperity of their country. Your 
Memorialifb cordiilly approve the wife 
and virtuous policy of cherifhin^ the 
friendfhip of all nations, by a drift ubferv- 
anceof Ihe obligations of jufticeand hu- 
manity. 1 hev ^^CiinowhJge which fatis- 
faSioo, that (ince the commencement of 
the ex iff ing war, the commerce'of the U- 
nired States has not to their knowlcd^, 
fuffcred any injuries which can jufUy be 
attributed to the governments of Europe ; 
they explicitly difclaim any intention of 
feeking to, derive unfair advantages, from 
the misfortunes of the belligerent nations, 
and they foleranly engage to Cupport with 
all their influence, any regulations enjoined 
by treaM*c«, or the eftablifhcd ufages of 
civilized ibtes ; they merely defirethat fo 
far as is confiftent with ju (lice, policy and 
public compaft, a (pirit of enterprize, 
fuited to, the genius and circumftances of 
the people, which in a (hort period has 
raifed the United States to a diftinguifhed 
rank as a commercial nation, may be tol- 
erased and encouraged.. 

Your Memoriaiifts are deliberately con- 
vinced, that the commerce of the United 
Spates \i toodiverfified and widely extend- 
ed, to admit of an adequate prote£lion a- 
gainfl unauthorifed depredations, by 
means of public convoys, except at an ex- 
\%^r\c^^ which the public opinion of this 
country, is anpropare.J to fupport : at the 
lame time, they perceive with anxietv and 
the deepcft concern, that a flate of thii»g< 
has commenced and it rapidk advancing, 
for which fome new and efFeflual reme^ly 
nnfl be provided, or from which confe- 
qnences mull enfue of atnoft alarming na- 
ture : Confcquences which may firff im- 
povenfh and then depopulate our ciMes, 
and difTipatethe maritime refouivcs of our 
country ; thereby undermining every [ 



fource of national induflry, whether em- 
ployed in commerce, agriculture or m^n- 
ufactures. Though the refources of the 
commercial intereft, are probably adequate 
at prefent, to the protcflion of their rights, 
yet the evils with which they arc menaced, 
muft loon be controuied, or become in- 
veterate ; to organize, devefope and reg- 
ulate the manaj^trnent of ihefe refources, 
is an objef} of momentous concern to your 
Memorialifts, in which they *})ray the aid 
and direflion of the public councils. The 
duties of neutral merchants, as underftood 
by your Memorialifls, confift in the due ob- 
fervance of the following rules — 
ift. Not to prote£l under falfe appearances, 
the (hips or property of the fubjefts of 
belligerent nations, 
and. Not to refift the reafonable vifnation 
ani fearch of the (hips of war of bellig- 
erent nations. 
3rd. Not to fupply either party with arti- 
cles contraband of war. And 
4^h. Not to enter ports in a flate of block- 
ade. 

Your memorialifts do not confider it as 
a duty or ufage of a neutral nation, to en- 
force by legal fanC^ion the obfervance of 
thefe rules ; but merely to apprize its cit- 
izens of the nature of their obligations, a- 
rifing under treaties, or the general law of 
nations, thereby fubjeSing them to fuch 
penalties as cuRom has cftablilhed'; ihefc 
penalties can only be rightfully inflided by 
regular tribunals, eflablifhed by the ^1. 
ligerent nations ; nor can they exceed the 
right of condemning the property attenfipt- 
ed to be illegally concealed or tranfported. 
Your Memorialift\s, being however de- 
(irous of evincing, that they are influenced 
by DO other than pure and reafonable in- 
tentions, will cheerfully fubmit to a law 
for reftraining the armament of private vef- 
fels, except in conformity with the follow, 
ing principles. 

iff. That the veffels fhiM wholly be- 
long to citizens of the United States. 

and. That the cargoes laden on board 
fuch veffels, fhall wholly belong to citi- 
zens of the United States, and except nc- 
Cfi^A^y munitions and merchandizes to or 
from ports, eaflward of the Cape of Good 
Hope, and weft ward of Cape-Horn, fhall 
in no dej^ree cojiGft of articles declared 
contraband of war, either f>)' the jjeneral 
law of nations or by treaty witk the United 
States., 

3' d. That owners of armed veffels be 
required tp give bond^ for a reafonable a- 
moiini that ihey will not fell or charter 
fuch veffels in the dominions of any for- 
eign ftate or nation, in America, or elfe- 
vherc in foreign countries to the fuhjcfls 
of the bt'll gerf*nt parties. 

4th. That thf m^ftcrs and chief officers 
of-d}l aimed veffels be required to give 
bonds that they will not attempt to enter a 
bfockaded port, and that they will not re- (j 



t lift the lawful vifitaiioti and fearch of a na- 
\ tional fhip of any Etiropean belligerent 
, power : If deemed expedient, the mat- 
j ters and chief officers » may 1)6 further ren- 
dered liable, to fOch'perfonal penalties, as 
the wifdom of congrefs may prtfcribe. 
But your Memorialifts beg leave toobferve 
that as the property of Merchants is-frc- 
quently cxpofed to condemnation in for- 
eign countries, in confequencc of irregu-' 
larities committed by ma fters of veffels, 
they deem it inequitable, that the rigor ol 
this fevere penalty fhould be increafed by 
fubjefting Merchants, or fhip owners, to 
additional forfeitures, or by compelling 
them to become fu relies for the conduft 
of individuals in their fervice, exceeding 
the value of the counter indemnities* 
which perfons of this difcription may be 
prefuraed generally able to provide. Hav- 
ing ftatcd their opinion of the nature of the 
reffriftions ovi armed veffels, which it 
may be prudent to eflablifh, your Memo- 
rialifts refpe£lfufly requeft that the argu- 
ments in favour of their expediency and 
fitnefs for the circumftances of the prtfent 
times, may be attentively confidered. It 
\% a fa£l too notorious to require illuftra- 
tion, that the naval power of Great Bri- 
tain, has obtained fifch an. afcendency ai 
to afford alm.^ft complete prote6lion to hcf 
extenfive commerce, by regular convoys : 
To {tcv^t^ her foreign poffeflionsfrom alt 
probJible-dangerof internal attack* : And 
to compel* the colonies of her enemies to 
maintain a detfenfive fvftem. A confe*- 
quence df this naval fuperiority of Great 
Britain ii, ihat the authority of the other 
Etiropean .governments, in their rcfpeS- 
ive colonfes, has been greatly weakened 
and the national re fponfibi lit y for the con- 
duft of their local Adminiftrations, has of 
courfe proportionably diminifhed. In the 
Weft-Indirs, the evils and dangers inci- 
dent to this ftate of things, are extenfive 
and imminent. The colonv of St. Do- 
mingo has declared itfelf in a ftate of indc- 
pendcnce, and is at open war with the re- 
maining colonies of France, not a veftige 
of the commercial marine of France re- 
mains in any pjrt of the Weft-Indies, 
All thefe colonic? rpqnire effenti^l fupplies 
which can only be ubiained from the Unit- 
ed States, by commerce, by force, or by 
fubmifRon to the power of Great Britain. 
But though all the French c:l'>nies aredeft- 
rous of encouraging commerce with the 
United States, yet in confeq^jence of their 
mutual difftntions, aiid ilc ftate of focietjr 
in certain places, property in unarmed 
veffeUlis utterly infecure. 

Your memorialifts corfider it to be in- 
controvertible, that no nation can ji)ftly 
authoriff the capture or detention of neu- 
tral veflils in confequence of rights inci- 
dent to ^ ftate of war, wiilK>ut tftablifh- 
ing at the fame time, regular and impartial 
tribunals for deciding on the legality oi 



u 



€6e 2?aiaitee* 



For. 1805: 



fuch captures, according to principles re- J 
cognized in treaties, or by the general law 
of nations. Whether the tribunals, in all 
or any of the French colonies are of ihe 
defcription required by the ufages oicivif- 
ized ftates, your memorialifts will no* pre- 
fume to enquire ; — nor is the folution p^ 
this queftion iraporianf, it being a wcli 
known and indifputabie faft, that Ameri 
can veffels have been repeatedly captured, 
and the property divided and appropriated, 
by veffels fitted out from fmall ports, not 
under the coniroul of the Governor of the 
faid colonies. IF, a$ appears probable, 
Spain has already, or will fpeedily become 
a parly to the cxifting v^ar, the colonial 
commerce of this nation will^ probably be 
foon reduced to a ftate of inaftion, and in 
this cafe, the extenfive and thinly (eiiled 
dominions of this power in Amc?nca, will 
prcfent opportunities and motivewto reft- 
Icfs bucancers to extend their depredations 
on the commerce of th* United States. — 
YoTir memorialifts, however difavow an 
intention by thefe obfervations to refleft 
unjuftly on the genera! charafler of the 
French or Spanifh admin^ration*, as con- 
niving at the ads of piracy ; on the con- 
trary they are willing to prefume, that the 
evils of which ihey complain, and the in- 
creafe of which they Terioufly apprehend, 
are of a. nature not to be precifely forefeen 
or prevented, by the eKt&ing authorities. 
Your Memorialifts further rcprefcnt, that 
they perceive no principle whicH^an jufti- 
fy or require a reltriftion orwhe commerce 
of the United States with St. D(^iojjp in 
a^rmed veffels, which wiH not, confidfcring 
the circumftances of that country, more 
flrongly demand ihit the commerce /hoyld 
not be totally intcrdifled : If confiderar 
tions of ftate policy require that trade with 
any colony in the Wcfl-Indies (hould be 
interdifled, this neceffiiy muft of itfelf fur- 
nifh an additional arftument in favor of 
arming Amer;can veffels under proper re- 
gulations. To interdict conimerce with a 
country defirous of encouraging fuch com- 
merce, and incapably of fubfifting without 
it, will certainly be viewed as evidence of 
hoftility or dependence, and it may be fear- 
ed that the natural fuggcftions of refent- 
ment will he ftimulited by inducements of 
private rntercft, and the more cogent pleas 
of ncceffiiy. It may, therefore, happen 
that the United State?, by difairoing their 
veffels, to prevent the poffihility of con- 
flifts with unauthorifc'd cruifers may caulV 
to concenter in St. Domingo a dangerous 
power, andtheicby l^y the foundation of .. 
war of feriois magnitude. Your^emo 
rialifts being feriouflv anxions to fireferve 
peace with all nations, by obferving a fair 
and impar.ial neutrality, and befng only 
defirous of prote6ling their property a^ainff 
a defcripti m of cru^fers whofe conduft 
cannot he controulfd by regulartribunals, 
have confldered with all the attention in 



their power, whether any, and if any, what 
objeftions can be advanced aj^ainft ihe re^ 
gjijlations now propofed. In refpeft to G. 
Britain it may be obferved, that it would 
be prepofterous and abfurd to fufpeft that 
any American Merchant would arm a vef 
fel at his own expence, with dcfi^ns hoftile 
to the rights or interefts of that nation. 
BefitJes, the propofitions would provide 
for the infpeftion of the veffels which may 
be armed, jinereby virtually pledging the 
honor of the United States, that fuch vef- 
fels are defigned to be emplciyed only in 
commerce unequivocally neutral or inno- 
cent. As not only Great Britain, but the 
otherbilligerentnaiions, employ confuls and 
other agents in our principal ports, who 
are vigilant centinels in favoV of the inter- 
efts they reprefent, an auxiliary pledge may 
be derived from their examination, tkat the 
officers of the cuftoms will lemove every 
juft caufe of fufpicion. In this mode the 
neutral chara£icr of armed veffels and their 
true deftination, niay be more completely 
afcertained, than in the cafe of veffels fail- 
ing under public convoys, wh^ch are pro- 
teQed from the vifuation of privateers ^^n 
the high feas, by a recent treaty between 
Great Britain and Ruffia. It is deferving 
of remark, that the prefent war as yet fur- 
riifhes no confiderable obje£l for privateers 
on the part of Great Britain, and that tke 
owners of armed American veffels would 
perceive an intereft in inftru6fing their 
commanders to obferve a friendly and in- 
otfonfive deportment towards armed veffels 
ofcye^y defcription. Experience of the 
conduft oi' American veffels has hhberto 
-ifforded proof of the^uftice of this reafon- 
i ng,, and as i'rrej»tiUc,eondutt would be ut* 
terly unauthorifed by the propofed law, 
theconfequences of mifconduft many par- 
ticular inftance would attach to the offend- 
ing individuals, and could not endanger 
the peace of the United States. It mav 
alfo be fairly prefumed, that the Britifh 
government is not unmindful of exifting 
tendencies, nor indifferent to the danger 
which would remotefy a{Te6l their own 
colonies, from the eftabliflimer.t of a pre- 
datory fyftem in the Weft- In dies ; afyftem 
whicli has commeneed, but which prefe;nts 
no fufficient objeft for the vigilance of 
their national fliips ; which offers no re- 
ward to the enterprize ol their privateers; 
which attr?.6f8 but little attention from the 
Britifh merchants, whofe commerce is pro- 
teOed by convoys ; ^hich therefore, can 
only he reftrained my means poffeffed by 
the United States ; and which if unre- 
ftrained, will be nouriflied by depredations 
on the unproteQed commerce of the Uni- 
ted States, and eventually become danger- 
ous tothe inlcrefts of all civilized nations. 
In reflefling on the inierefts and probable 
views of France, and the other European 
Nations, which have and are likely to be- 
come parties with her in the exifting war, 



your memorialifts are unable to difcover a 
motive founded in public, policy, which 
can excite their oppofition to the regula- 
tions now propofed. The commerce of 
neutral nations, even under the greateil 
limitations authorifed by ihelawarof na- 
tions, muft remain to France and her allies 
a fource of eflefitial comfv>rt and advantage. 
The depreffion of the Airierican com- 
merce, from whatever caufe, would nccef. 
(drily increafethe relative force and influ- 
ence of their rival and enemy. A meaf- 
ure tending to obftru/*! or deprive any of 
their colonies, however fituaied, of necef- 
fary fupplijes, cannot fail to difcourage rcr 
gular induftry, to heighten (entimenis of 
hoftility, to render a future re-eftablifh- 
ipept of their ancient authority more diffi- 
cult and uncertain, to diieft commerce in- 
to new channels, lefs beneficial than the 
preffnt, to ihe interefts of the parent ftate, 
and poflibly to induce fubmiftion to ihs 
power of G. Britain. Independent of 
thefe co^ fiderations, the obligations of juf- 
lice, and a regard lO their own honor, re- 
quire qI the Governments of Europe to 
controul, if poffible, and at all events dif- 
avow,thofe depredations which render the 
armament of American veffels an iodifpen- 
fible precaution for their fecurity. As by 
the events of war, France has lofl the pow- 
er of controuling abufes in her colonies in 
the Weft-Indies, it is juft to confider her 
refpoiffibility as for the prefent fufpended, 
but it follows as a neceflary confequence, 
that ihp United States may without giving 
offerice, authorife reafonable meafures for 
thfj, fecurity pt their own, right*. A de. 
fence by me^ns of private armed veffels 
under proper regulations is not only rea- 
fonable, but from the nature of things, is 
that kind of defence which ought to excite 
the leaft fufpicions, it being certain, that 
the degree of force employed and excrcifed 
will never exceed the meafure required by 
i»eceflity, as it will he regulated by calcu- 
lations of commercial advantage to indi- 
viduals, and in no degree by views of po- 
litical aggrandizement. 

Your memorialifts might conclude their 
petition with thefe obfervations, but the 
great imponance of the propofed Law, not 
only in refpeft to the revenue and com- 
mercial profperity of the United States, 
but as it inay affeft the right of every citi- 
zen to keep and bear arms will it is hoped, 
be their excufe lor fubjoining a few addi- 
tional obfervations on the fubjeQ. 

The inhabitants of tfie United States 
have immemorially claimed the right of 
puffefling arms for the defence of their 
houlcs, their lives, and pii>periy j this 
prl\ ilege has neither been lurrendercd, nor 
abridged, and every citizen, whether at 
home or upon the ocean has believed that 
he might lawfully carry arras in fclf-de- 
fence., If this right be deemed important 
in the bofom ot the ftate, where the Iaw3 



No. 2. 



CJie 20!aKattce* 



15 



and mtgiftrates are ready to pruteft the cit- 
izen, how much more impoiiant muft it W 
confidered on the high Teas, where every 
Dati--*!! has a common jarifdiftion, hut no 
nation an cxclufive one, where every na- 
tion is bound to afford proteflion to the 
perfons and property of -its citizen?, but no 
nation has majjiftrates to grant it, where 
apgreffion is nvoft trequent and the means 
of defence mofi neceffary. 

Your memoriaTifts are duly fenfible that 
congrefs poflirfs the •• power to regulate 
commerce with foreign nation*, among the 
fevcral ftates, and with the Indian tribes," 
but with all deference they prefuroe to en- 
quire, whether under this power jfclawinav 
be enafled by which the citizens of the U. 
States fhill be^leprived of a right which 
has been fuppofed to be fecured to them 
by the conftitutions of the feveral flates. 
Your memorialifts forbear to add, but 
humbly requeft that no law may he pafled 
to prevent private vefTels froni failing in 
an armed condilfon ; or in cafe a law on 
this fubjcS is deemed necefT^ry, that its 
provifions may be conformed to the prin- 
ciples contained in the prefent memorial, 
and as in duty they will ever pray. 

Signed, By order of the Corporation of 
the Chamber of Commerce. 

JOHN MURRAY. Prefident. 

New York ^ 2\J{ Dec. 1804. 




Be it our weekly task. 
To note the passing tidingfs of the times. 



>>>>>♦©♦<<<<<< 



^Utri^On, January 8. 

It is now afcertaineJ, that the late fires in 
•New-York, have originated in defign. 

Two dwelling houfes at Noifolk, Vir, 
lirere lately deftloyed by fire. 

Origin of thejire at St, Thomas. — We 
' are informed by a gentlemau from St. 
Thomas, that the late diftrefCng fire at 
that place, was occasioned bv the followtnj^ 
ciTCumftance : — A domeftic, in the aft 01*' 
fumigating a chamber to clear it of thofe 
|>efts of thefe climates, mufqueioes, acci- 
dentally lee the candle come iaconta^k with 
9 tnufquetoe-net, which being very pom- 
bo€ible, was imraedialely in flames, an'^ 
fpread over the wfiole room-^The firr 
could not be arrefled : and it was eftimated 
that the 4ofs df property occafioned by thi^ 
accident exceeded fevcn millions of dol- 
tu^ • Phil, fiaf^ 



WASHINGTON, DEC. 3I, 1804. !:' 
Laff evening difp^rchcs wt-ie receive f I 
at Head Quarur?. aiui hsvc been read io ; 
'he houfe, from Coiiluls 0'B;ien and Ga- ' 
vino. 

Early in September Commodore Preble 
attempted another bombardment of Tri- 
>|oli. ^In this attack many Americans 
were killed and a great number were 
wounded : many of the e;iemy alfo, were 
deftroved. An American fire fhip blew 
up in the midft of the aff ion and every foul 
were loft : among the reft a fon of General 
Wadfworth member of Congrefs. In 
(hort the enterprize failed. Sotne time af- 
ter it was over, Commodore Barron ar- 
rived with his fquadron : but the feafon 
was gone by: for fuch is the tempeffuous 
weather that now fits in, that the gun boats, 
which alone can be employed in thefe at- 
tacks, cannot live on the coaft. 

The difpatches are ordered to be primed. 

NEV^-YORK, JAN. 4. 

Captain Hamilton, v/ho arrived, here 
vefterday, from Naples, has brought dif- 
patches for Government, from Commo- 
dore Preble, of the American fquadron, 
who was hourly expe6ied at Naples. Thele 
difpatches were forwarded by the Ameri- 
can Conful at Tunis. We have no news 
refpefling the late operations of the fq^jad- 
ron. 

Another attempt ha? been made te fet 
fire to the houfe no. ^5 Pearl- ft reet. Burxi- 
ing combuftibles were difcovercdycfterday 
morning before any ^lapage was done- 
There are various conjeflures relative to 
the attempts on this houfe. Some in- 
vefligation will loon^iake place* 



FOREIGN. 

PARIS, 28th VENDEMAIRE. 

Admiral Bruix by a letter of the 13th,' 
informs the Minifterof Marine of the ar- 
rival of 60 veffels of the liavre flotilla at 
Boulogne, under tfie command of G^pt. 
Monieahril. The divifion ol the fleet for- 
ced its way through the Englifh cruizers. 
— A fquadron compofed of feveral fri- 
gates and (loops of war, nriade an attacl^ 
on tlie rear. The gun-boats fae^ the en 
emy and a fmart engagement enlued. The 
enemy's frigates in quitting iheafltion took 
in tow one of the (loops of war that ap- 
peared to have fuffered feverely. All the 
inhabitants of Fecamp were witnefs of the 
eneagemcnt. One of the gun-boats ac- 
quired ciiftinguifhed honor, and was an 
objeft of lively acclamation to the fpefta- 
tois. — Off D'Ailli near Dieppe, Capt. 
Mon»cabril fuftained a fecond contcft, 
which lafted two bours^ and which was 
i 



not lefs honorable to Lim. — ^^he Englilh 
wore obliged 10 fheeroff, uhilft the gun- 
boats puiiued to a certain difla^nce. 

LONDON, OCTOBERs25. 

A French paper of the 14th fays, that 
the infurreflion in Bifcay is by no means 
fuppreffed, and that a very ierious one is 
broken out rn the ifland of Majorca ; the 
garrifon, in endeavouring to lupprefs it, 
fuffered very feverely, and the regiment 
of Bourbon was nearly deflroy'ed. 

NOVEMBER 2. 

Sir George Rumbold, the Britifh Refi- 
dent at Hamburgh, with his papeas, has 
been feized by a party of 200 French in- 
fantry who furprifed him at his houfe, a* 
bout a mile from the city, and carried him 
off. The Senate of Hamburgh, the day 
after this outrage, fent to the French Re ft. 
dent to inquire the caufeof it, and to de- 
mand his liberation. The mtnifier faid he 
was ignorant of the caufe, but fuppofed 
it to be a fuit of Mr. Drake's affair. 

It is faid that Mr. Nichols, our Conful 
at Hamburgh, has taken refuge in the 
houfe of Mr. Forbes, the American re(i. 
dent. If the French wifhed to feizc him 
loo, they would not rcfpeft that alylum. 

Couriers announcing the outrage have 
been fent toall the principal Courts. We 
ihould tMink that this repetition of the 
fcaQdabik vjolaripn of the Germanic ter- 
ritoiy at Euenheim will at leaft extort from 
theCont|rtentaf»Powertfome meafures for 
the protffiion of the moft facred intcr- 
courfe of naticftis. If Fouche, the French 
Mmifter of Police, is to iflue bis mandates 
of arreft egainft individuals, nay, Ambaf- 
fadors, in a neutral territory, be may fend 
his archei to feize his prey in the Palace of 
the Empiror of Auftria or the King .of 
Prufia. — Others may Meel the effeAs of 
Bonaparte's Jawltfs violence, but their 
turn may come if they have not the cour* 
age to defend the common law of nations. 

The French Commerciai Agent, who 
yet refHes at Gottcnburgh, has received 
an order from his Government to quit 
Sweden immediately. 

CONSTANTINOPLE, SEP. lO. 

A firetjf eight days continuance has to 
day laid Jn afhes five mofqnes and about 
ipoo houfes. In the night of the 7th, a 
large village in the vicinity of the capital, 
principally inhabited by Jews, was like- 
wife burned. 

SEPTEMBER 22. ^ 

ThcHate dcftruflive fire which laid the 
village of Tophabia, and the artillery bar- 
racks, in afhes, is attributed to the dif- 
content of the population on account of 
the fcarcity of bread. The Jpniffariei 
likewife hive not received their pay fof 
fome lime. 



16 



0}t 25dance* 



Vol. IV. 




THE BRITISH SAILOR. 

[From a poem, entitled, *• Niucrttia ; or Naval 
Dominion," written by the British Poct-Laureat, 

jATiCKsPvE, Esq.] 

lis not the oak whose hardy branches wave 
O'er Britain's cliffs and all her tempests brave i 
*Tis nor the ore her iron bowels yield. 
The c irda^e ;rrr>wirtjr on her fer ile field, 
That forms her naval strcn;5th— «Ti$ the bold race 
Laughing at foil, and gay hi danger's face, 
W ho quit with joy, when fame and gUry lead, 
Their richest pasture and thchr greenest mead, 
The perih of the stormy deep to dare. 
And jocund own their dearest pleasures there. 
One common zeal the manly race inspires, 
One common cause each ardent bosom fires. 
From the bold youth whose agile limbs append 
The giddy mast when angry winds contend. 
And while the yard dips low its pointed arm. 
Clings to the cord, and sings amidst thestoritj, 
To the experienced chief, ^ho knows to guide 
The labouring vessel ihmi'gh the romngjtide j 
Or when contending squadrons fierce engage. 
Directs the battle's thunder where to rage :—m 
AH, aN alike with cool unfeign^ delight 
Brave the tempestuous gale, and court the fight, 
Britain f with jealous industry mai;ica*n 
The sacred sources of this g«Puint» Uai!\, 
Daring beypnd wh?t fable i>iu^^ cf rl:l. 
Yet mild in conquest, an.l hinnane as b^Fd ; 
Kow rushing on the fee with frown revere, 

N«w moY'd to mercy by^omjjassicn s tear 

Fierce as the ruthles elements they brave 

When their wrong<d country calls them to the wave ; 

Mild as the sofest breeze that fans thy itle, 

When sooth'd by peace and wooing beauty's smIU. 

A race peculiar to thy happy coa^>t. 

But lost by foily once, forever lost, 

Neer from the lap of luxury and ?ase 

Shall spriHg the hardy warrior of the seas.— 

A toilsome youth the nrxariner must form, 

JKurs'd on the wave, and cradlrd in the storm." 

A RHAPSODY. 

AS I watk'd by myself, I said to my self. 

And mysejf said aejain to me, 
• J^ook to thyself, take care ot thyseilf. 

For nobody cares for thee } 
Then I said to myself, and thus amwar'd myself, 
* With the self aanje repartee, " 

Xook to thyself, or look not to thysdf^ 

«Ti« the selfsame thing to me, 

EPITAPH 0:1 A VlDOW£» 

BB9<ATn thii stone lies Pbter FesTiR. 
Who mjirkd ft wife— ftod lucUfy idt Ur. 



mt^tX^itp' 



A RIGHT HONEST FELLOW. 



[The singular letter which is copied oclow, exhibits 
as much true, genuine, native villany, as any 
thing of the kind we have ever seen. — Alas, poor 
human nature ! Edit.' Bal.] ^ 

from the savannah museum. 

Messrs. Printers, 

THE following is a copy of a letter 
from achafa£ier who lately refided in this 
city, (but who has removed to St. Aupjuf- 
fine, and become a fubjeft of Hzs Moji 
Catholic MajeftyJ 10 a gentleman lefidiili^ 
here, 10 whoie liberality he was for a long 
time indebted for his fupply of Goods — 
the letter needs no comments. 

St. Augvjline, Nov, 23^, 1804. 
Mr. , SjH, 

YOUR ieiierof the eSih Oaober came 

to hand, you write that Mr. M h 

dead, which I am forry to hear, but there 
can be no doubt but his eftate is fully 
fufficient to pay his debts, however be that 
as it will, you may make the rooft of what 
you have got from me, for you may wres 
afTured ih^t I will never pay you ' one 
Cent more.' 1 fuppofe that you do 
not know that the -King's proclamation 
prote6]s both me and my property, if 
I had a full ftorc of goods in Au- 
guiline, you could not touch one inch of 
them for debts contra6^ed \n the Siatcs be- 
fore I became a Spanifh Subjeft, except 
you can fitid' me in the States, and it is my 
full opinion that you will not very fjon — 
If I fhould conlrafcl debts in the Siatwafier 
I hecomc a- Spanifh fubjefl 1 make myfelf 
liable in Au^ndine, but as it is now you 
may whilUe wha"t tune you plea fe for your 
own amufemer.t, but let me beg you not to ' 
trouble me with any more of your folderol 
— lor I will not a.ifwer you— 
Yours, &c. 

OBADIAH POTTER. 

[We recollect to have seen the following anecdote, 
some years since ; and we now find it revived in 
a Southern paj^er. If substa'^tially conect, it is 
erroneous in at least one particular 4 for accoidin^^ 
to Gen Hainihon's account of hinastlf, he came 
to ihis country when only sixteen years of age. 
W^ are, on the whole, inclined to doubt the truth 
of the story :— Edit. Bal.] 

ANECOOTJE OF GEN. HAMILTON. 

WHEN a youth of leventeen he was 
chief clerk of an eminent merchant at St. 
Euftalia, who being abfent, liiebufinefs of 
the comptingroom of courfe devolved on 
young Hamilton. He had handed to him 
a letter direfled to his roafter, which, fup- 
. pofing it related to mercantile concerns he 
! opened, but his furprize was great when 



he found it coptained a Challenge to his 
oiader, whofe proxy he was : the young 
hero anfwered the challenge in the name 
of his maft^r, and the time and place was 
mentioned in the reply. Hamilton ap- 
peared to the antagonid oi his mafler on 
the field ; and to ufe his own words, ** did 
his bvfinefs in his abfcoce," and would not 
agree to any compromilc, except on the 
exprefs condition that the Challenger 
(hoold acknowledge in writing, that he 
had received fuiiable fatistaSion from Mrr 

, that he was a gentleman of honor, 

&c. and, further, that be (Hamilton) 
fhould never be known in the buGnefs— 
which thit challenger was obliged to ac- 
cede to or fight young Hamilton ; he chole 
the former, and the parties feparated — In 
a few months, however, it came to his 
matter's ear, who was fo flruck v^ith the 
magnanimity of fuch Condufl, that be gave 
him liberty to come to the Continent, 
choofe what proleflion he pleafed.and draw 
on him to any amount. 

The Orangt Eagle furnishes the following sin{!» 
lar Hymenial notice : 

Married at Amity ^ on the ipth inft. by* 
jofhua Wells, Efq. Mr. Gabrit Deck,* 
ER, of Brimjione Hill, to the delicaU Mifs 
Keziah Gardenhouse, of Mares Poiat^ 
both near Skunk's MiJ'ery^ in the Village 
of MeuniEvf. • 

'• rr£RMS OF THE BALANCE, 

FOR 1805.. 

To Cky Subscribers, Two Dollars »nd Fifty 
Cents, payable quarterly. 

To those who receive them hy -mail. Tiro Dol- 
lars, payable m advance. 

To those who taxe their papers at the office, m 
bundles, or otherwise, a deduction from the city 
price will be made. 

A handsome Title Page, and Table of Content* 
will accompany the last numberof the volume. 

Advertisements inserted in a handsome and con* 
spicuohs manner* in the AUvertistr which accompa- 
nies the Balance. 

NOTE. 
The first second and third Volumes of the Balance 
may be had on the following teims •— 

Fint Volume — unbound — - 8 2" 

Secmd Volume, - - g 2. 5ft 

Ithtrd Volume, - - . - g 2, 50 

She three together , - - g 6* 

If bound, the price of binding (either plain or el^ 
cgant) will be added. — An unbound vrhime may be 
sent to any post-otBce in the state for 52 cents post- 
age ; or to any post-ofirce in the union for 78 Cent9 



ruBLisaer irv 

HARRY CROSWELL, 

Warren-Street, Hudson. 

WnH&ll PRINTING IN' nEN'ERAl. IS EXEC«TV9 
WIIH JvEATWfiSS AKD ACCUaACy. 



No. 3. 



.• *; • 









COLUMBIAN 




Vol. IV. 



iv>- 




REPOSITORY, 



mwmm m 



** HAfL SACRED POLITY, BY F«<EKDOM RBAR'd 1 

•« HAIL SACRED FREEDOM, WHEN BY LAW RESTRAINED !" 

BBATTIB. 



HUDSON, (Nbw-York) TUESDAY, January 15. 1805. 




oHiitot'^ Closet* 

THE UNION PRESERVED', 
OR, THE PLOT DISCOVERED^ 



HERE is not perhap$ in the 
world, c^-rtainiy not in Ainerica, an editor 
poffelTedof fuchinventivc powers as Jamfs 
Cbeetham. f Duane can buiiy, and black- 
gaa'rd, and lie — Smith can bedaub and bc- 
dizea the admiftration with undeferved en^ 
cotnium— the •• printer to theftate**(who, 
poor foul, will never have any thing of 
his own to anfwer for) can copy the lies of 
Duane, the encomiums of Smith, and the 
fabticatlons of Cheetbam : But if you 
want to hearof plots and confp!racies which 
never cxifted — wonders that never hap- 
pened — intrigues that never were thought 
of by the perfons who ar£ charged with 
carrying them on — turn to the pages of the 
American Citizen and the Republican 
iVaichtower ; and there you will find them 
announced, with all their circumftances 
and particulars, with the utmofl minute- 
nefs. 

The penetrating eye of this extraordi- 
»ary editor has recently difcovered a plot, 
which nearly equals thofe for which France 
bas been fo celebrated, fince the revolu- 
tion. Ke has difcovered, (for he declares 
it himfelf) that •• a large portion of the 
party fly ling likW federal has, for two or |- 
three years paft, manifelled a fpirit hollile 



to the integrity of iht Jederal compaS." 
That, ** during the fhort period (but two 
or three years, as he fays) that this party 
had the afcendant in the United States, the 
meafuresof its leaders had >i direft tenden- 
cy to a confolidated government under a 
Tupreme head." That ** flate fovereignty 
and power were viewed as pernicious 
checks upon the eccentric exercifeof fed- 
eral authority;" and that " thefe meaf- 
ures, were more terrible in their probable 
'effefts than the attempt of Great Britain to 
fubdue the colonies," He has alfo dif- 
covered, that ** it is notorious that, pre- ' 
vioiis to the recent triumph in Maffachu- 
fetrs, the federal p^rty there openly advo- 
cated a DISSOLUTION* OF THE UNION !" 
and that ** Mr. Ely's refolution to amend 
(he conftiiution of the United States, as to 
black population was intended as the figna! 
of aftion." He has alfo difcovered, «* that 
a formal propofition to dijfolve the union 
was made to General Hamilton, by certain 
perfons reCdihg in Mafldchuleus, accom- 
panied^wilh a tender to place him at the 
head of the paity de{igne<^to overthrow y ;" 
and that the General e/prefTed his abhor- 
rence of the deteflable fcheme and rebuked 
the propofers of it." He has alfo difcov- 
ered. that, ** though rebuked by General 
Hamilton, who was unqueflionably oppo- 
fed. In every (hape, to a dijfolution of the 
union^ the demagogues of the federal pany 
in M^fTachufetts adhered to the odious de- 
iign, and by crafty efforts, gained converts 
to ilie traitorous doSrine." He has fur- 
ther difcovered, that •* the fcheme was not 
confined to MafTachufetts." That •* intel- 
ligent men perceived in the ftate of New- 
York a difpofition in the Burr faftion, and 
in not a few of the then abettors of it, to 



T 



co-operate with th^ original projcflors ;** 
and that •• an honefl conviflion of the pro- 
bable exiftence of fuch a plan was a lead- 
ing motive of General Hamilton's oppofi- 
tion to the eleaion of Mr. Burr." Be- 
fides all which, he has difcovered, that 
•♦although Gen. Hamilton was wymly op. 
pofed to the MafTachufetts faaiori on this 
mofl important fubjeft ; Mr. Governeur 
Morris, it feeins, is as^zcaloufly in iu fa. 
vor." 

, It is in vain to d<^ny that Mr. Cheet. 
ham has aflually made all thcfe difcover- 
ies ; b^caufo he bas proofs, illuftrations, 
and elucidations in abundance to remove 
all doubt. Indeed his own word is quite 
fufficlexir ; for to fome people, a furmife 
or conjrfture from Mr. Cheetliam is pre- 
cifely equal to an oath. But this lige ed- 
itor is not lo unreafonable as to require, 
that the raoft implicit dependance fliould 
be pJaced on his bare word. He accom- 
panies the annunciation of his di/coveries 
with proofs that mufl be fufEcieni to con- 
vince the mofl incredulous federalift on 
earth. 

' In the firft place, he proves that afor^ 
mal prgpofuion to dijfolve the union zva^ 
made to General Hafmlton, and r^itled^ 
by declaring it was flaied in the Citizen m 
the fpring of 1803 ; but lead this might not 
er>tirely fatisfy every body, he adds, as 
the mofl incontrovertible leftimony, that 
** Thofe to whom the care of (he General's 
papers is confi.^ed have no doubt in their 
poffcfhon fati^faflory proof," &c. What 
evidence can be more clear ? Mr. Cheet- 
ham has uo doubt — what, then, c?n we 
a(k more ? 

In the next place, he proves that the 
Burr f^flion in ^Icw-Yo^k, cooperated 



i :.M 



18 



-4lftf 25ad[mitiC;v 



For -i805. 



iSK 



with the original projefilors, jJr/f, by fay- 
ing, that intelligent men (like hirafelf) ptr- 
ceived it — zni^ fecondly^ by declaring that 
♦« it y92Ajhrewdly and in all probability 
juftly JiffpeBcd ihdX Mr. Burr was in the 
interefti of the MafTachufetts anii-fedfraU 
Jds that they fumifhed him with money 
in aid ol his eletUon, and that iffu.ccij]ful 
in the prolecotion of his ludicrous preten- 
fions to the chiif magiftracy of this (late, 
its force in conjnnflion with that of M-^f* 
fachufetts, was to be direfted, if pojjible, 
againft the general government." — How 
clear I How fatisfaftory ! 

Bar, lad of all, Mr. Cheetham proves 
that Governeur Morris is zealoufly in fav- 
or of a diflblution of the union, by faying 
that he has lately written a piece in the 
Evening Poft, which ** beyond doubt is 
iiiflammalory and fediiiou?," and by giv- 
ing an extrafl from that piece, which is 
calculated to have a direft contrary ten- 
dency ! 

If the reader is not already tired of 
Cheetharo's ^» idle faotafies," we will add 
a paragraph, which, in all probability, 
might toave appeared in the Citizen, fome 
time during thje pad year : — • 

Edward Livingftonhas certainly gone to 
the moon. This can be proved beyond all 
doubt, becaufe it is evident be has long had 
^hat journey in view. All hisconduQhas 
bad a direft tendency that way. It is no- 
torious that be has opi&nly ads'ocated the 
DOtioD. Nay, it mud be true, beyond all 
doubt, tor it has been aflerted once before 
in the Citizen \ aiyl thofe in whofe hands 
his papers will hp left, will no doubt have 
fatisfaflory proof of it. Intelligent men 
perceived his dfift long fince. It was 
flirewdly.and in ail probability juftly fuf- 
pcfted that a certain great m«i wa3 in the 
feciet, and furniflica him with money to 
carry on the pp jert, lo iljat, if fuccefsful, 
lie con!d, if pofTible, make ^ conqueft of 
poor Luna. That our governor was zeal- 
oufly in favor of the pnjc6>, will fully ap- 
,pear, when it is declared, tliat, in all pro- 
bability, he vroie a piece in the papers, 
which, beyond dopbt, was highly lunatic. 
(Signcii) I CHtATEM. 



In oppofition to the Virginia fa£li6nt 'Tit-. 
has boldly iloott forth the champion'of the- 
fmall dates, anrtThas thereby gained the ill* 
will of Randolph and his Aiteljites in Con- 
grefs, and of the advocates of Virginia 
throughout tbe uuion.-.— Having been a 
candidate (or a re-eIe£lion to Congrefs in 
the S. E. diftrift of Vermont, he was ve- 
hemently attacked by the venal prefs of 
parfon Grifwold, and the democratic prints 
generally, as an apodate, a trimmer, a 
third-party-man, &c. A little previous to 
the ele£lion, an anonymous publication ap- 
peared in Grifwold's Obfervatory (a paper 
pre-eminent for the impudence and bold- 
nefs of its falfhoods) containing the mod 
unfounded and injurious infinuations (in 
the form of queries) againd Mr, Elliot. 
It was too late for an anfwer to be cir- 
culated ;• and hundreds of votes were 
unquedionably turned againd Mr. Elliot. 
He, however, gained his eleftion by a 
handfome majority. And now, that the 
integrity of his motives cannot be impeach, 
ed, he deps forward wnh confcious refti- 
tude, and under his own proper fignature, 
repels the bafe attacks of an anonymous 
flanderer. He had keen accufed of •• af- 
ferting that Virginia was ufin^ every ex- 
ertion to acquire an improper dominion o- 
ver the dates," &c. In anfwer, he faysj 
** That Virginia is ufing every e;jertion to 
*f acquire an improper dominion over the 
•* dates,'' or rather that certain men in that 
•• date wifli to acquire ipiproper injlu- 
<• €nc€^ I mod confcientioufly believe. 
** I have often (aid fo, and have alfo faid, 
•« and with truth, that fome of the leading 
•• (ouihern members fpeak with contempt 
f' of the mod didiniruifhed northern re- 
•* publicans." He denies ever having dc- 
clared that he would rather lofe his elec- 
tion, than obtain it by the democratic in- 
tered. He contradifls the infinualion that 
be wrote in favor of his own eleflion. And 
in answer to the moil (eriotis charge, that 
of wifhing a divijion oj the union, he fays, 
•* I am as warm an advocate for the pre- 
fervation of the union as any man in A- 
merica," 



MR. ELLIOT, OF VERMONT, 
Hjs already given his condiiutnts and 
the American public at large, abundant 
proof of his honcfty #nd independence. 



^efectftrt 



FROM TK« REPERTORY. 
THE people are told by their abandon- 
ed di6tato.rs that the political principles of 



lylr. Jefferfon ^Jlffer. (rom. thi^^of h\T. 
.Sidams, but harmonize wuh^&of^ of Wa(^' 
ington. NoW]«t are we npirdJ^ofed}^ijSo^\ 
far to relinquiid) Our regar* totfuih^-ai"' 
to tell the peoj^le^tbat they are ^i?jodg^in(: 
this cafe, when few in fa6k comprehend, 
tfie views of the one of theo^her,* we (hall 
bonedly requed them to for'jn thf ir ojMn. 
ions on this fubjeft, from fucltevidence'as 
they can comprehend, and fuchas'is fairly 
conclufive. 

The appointments made by .WASHmc- 
TON as Executive of the United States 
were numerous ; the general compleSy^rt * 
of political fentiment among thofe feleficd 
by him for office, ihew what femimen^ 
he approved. . .*.^.'. 

Adams fuccecded WashingtoV. It 
then depended on him, Whether thofe gen* 
tlemen holding offices at the difcretion of 
the Prefident, fhould be continued or dif? 
miffed. Scarcely an ii»dance occurrej4,of ; 
revolution in office. Thofe who had a^^d 
under tjje adminidration of Wafhington, 
were eoi^Gdered proper chara^ers for ofEc« ; 
under his fucceffor, 

But obferve the confequence of Mr^' 
JeflTerfon's advancement to power. Will 
thofe who were appointed by Wafhington, 
and confirmed by Adams, anfwer his pui^ ' 
pofe ? Will they fulfil his views ? Loo]^ .• 
at fa€l8 exhibited in cv-ry town of confg* 
quence ; fee them turned out or fupplant- 
edr— and then fay why the. fervaiits ' of 
Wafhington were found agreeable (o Mr,- 
Adafns and obnoxious to Mr. jtS^fqp^ 
if It be ttne, tliat the politicks of tlie pi[ef« . 
cm and fid Executive agree. . ' • • •;' 

No — the concltifion is inevitable* thatl^ 
Mr. JEFFERSON IS THE INNOVA:^ 
TOR ; he fhews his contempt of- W'^fli- 
ington's principles by his hodility to -men, ; 
whom Waftiingion approved Jor i/mr 
principles. This is plain and unanfwera- 
bie ; and if people would look at ^^iens • 
and not trud in empty words, and pro- 
feffions, Mr. JefFerfon would very fhort-> 
ly bp much better )cnown. 



FROM THE CHARLESTON COURIER. 

THE unwarrantable boadingsol the An* 
ti Federalids will not fjffer us to be filent. 
Do they gain an advantage, whether feem- 
in^ or real, they gafconade of it a la mode 
Francoife, Do they receive a deleft, a la 
mode Francoife it becomes a victory in 
their reprefentaiion. Do ihev obtain a tri- 
fling advantage by trick, by dratagf-m, or 
by ihe (h*ihhy; inexculable carelcfTnefs of 
their adverfaries, it is immediatelo repte* 
fented as the direft effeft of public opin- 
ion. The termination of the M'lfTdchufetts 
E'eflion, furniflies abnndant matter for 
their fort of triumph. In the great poliii- 
cal race, they are as proud and vain of 



3fd;mcet 



19 



Grinning by the ftumbitng or rcflive nefs of 
their opponent, as they could be of getting 
k by their own fpeed. And the mifman- 
•gement (in fo lacred a caufe as country 
hmay be called delinquency) of the Maf- 
facbufetts Federahfts. having now thrown 
the hank into their hands in that (latCi they 
chuckle, as if they had as completely rev- 
olutionized it as they wifh to do Connec- 
ticut. And the impudent Barrere never 
cxpreOed more faucy triumph at the iltu' 
fninaiion of the French people, than they 
of their triumph over the flate which has 
fp abufed itfelf. 

Of Coonefticut, they fpeak in a ftyle 
which requires contradifiion and indeed 
reprobation. A letter from Columbia, 
from which an extra£l has been given in 
a morning print, fays, " The oppreffive 
fneafurei exercifed by the Legifljture of 
ConneQicut, will foon bring about a re- 
form in that ftatc." Now people hear 
what that oppreflion is. 

The Democrats of Connefticut, having 
in vain endeavoured to jacobinize that 
ftatc, have, for Tome time, been ufing ev- 
ery eflFort to revolutionize it in the true 
Callican form. 

A (ingle perfon, without any other au- 
thority than what he may perhaps derive 
from his private virtues^ but certainly 
poflelling no public authority, has, in the 
true fpirit of the Jacobin Clubbifts of 
France, fent to the feveral towns of that 
fUte, his mandate^ to cal] a meeting for 
the formation of a Conflitution^-^not a 
meeting of the people at large, convened 
by the Magiftrates ; but this foi-faijant 
King ifTues his writ to his well-beloved 
coufins and counfellors, the fenefchals of 
fedition in each town, thereby requiring 
them to call a meeting of their own parti- 
zans the Democrats, to appoint Members 
for a Convention, for the nurpofe of 
forming a new Conditution. Meetings are 
bad, in which it is rcfolved that Connefti- 
cct hat no Conftitution. Four Juftices of 
the Peace, whofe duty it was to reprefs in- 
furgcncy and tumultuous meetings, join 
and concur with them. The ftate Legifla- 
ture deprive thofe Jufiices of their com- 
miilions ; and moft juftly. Their wor- 
fhips did not dulyconfider the nature of the 
dilemma into which they have run them- 
lieives head and heels • For if, as thev fay, 
there be no legal Conftitution, the Com- 
jniffions^oi the Peace under which they 
^^^ can have no legal authority. How 
dare they then aft under them ? In doing 
fo they are guilty of a mifdcmeanor. If, 
on the other hand, their Commi (lions are 
legally authorifed, ihere muft be a Confti- 
tution. In that cafe what is their crime ? 
How far (hort is it of ^reafon ? Is it not at 
leaft fedition ? 

And now let us, good people, amufe 
' ettifclves with wondering at the nerves ol 



the party who call the difmifTal of foch j 
men oppreflion, while the hearts of^fo ma- 1 
ny are wrung with anguifh, and the cheeks 
oHmpoverifiied lamilies fcalded wiih tears 
by the unjuit, caufelers diTmiiral from of- 
fice in every purt of the union. Wchaye 
often laughed at the bare- faced conduftof 
the Democrats. But when prefumption ! 

I rifes to eflfrontery, it ceafes to divert. ; 

i When it proceeds to injuftice, it calls for ' 
correftion. What term (hill be found j 

i fufEciently defcriptive of trie badncfs — 
what fcourge fevere enough for thofe who j 
would juftify the difmiiral of Mr. Harri j 
SON, Mr. Lattimrr, CoL Habersham, j 
Mr, GooDRfCH, Mr. Fisn, Major JACIC- 
SON, Mr. Putnam, and many other gen- 
tlemen, refpefltable tor their talents, integ- 
rity, and' for their public fervices, (md 
dffmifled from office merely on account of 
their political opinions) and yet give the 
name of oppreflion to the difmifl*!! of Juf- 
tjces who have become heralds of fedition 
—of peace officers, who have blown the 
trumpet of fedition, and convened meet- 
ings to overthrow their legal govero- 
ment ? 



JUDGE CHASE. 

[The editor of the Wtubbigton Federalist states the 
following facts, in addition to those in the 23nd 
^age. A^ the impeachment of J udge Chase, with 
the singular circumstances attending it, must hold a 
distinguished place in the history of our country, 
we shall endeavor to collect for our Rcpotitoryt 
every document concerning it. Edit. Bal.] 

FROM THE WASHINGTON FEDERALIST. 

With refpeft to tninute particiilars at- 
tending the interview of Judge Chafe with 
the Senate onthe adinft. we have not time 
to enlarge upon them. We will only now 
ftate a few fafts which came under the ob- 
fervaiionof every perfon who was prefent 
at the bull-bating of Mr. Chafe by the 
Senate. We fav, that at this time we will 
only flate certain ta£ls ; hereafter we may 
make our comments and draw our infer- 
ences. 

Faft the i ft. About the time that Judge 
Cbafe was expe£led in the Senate Cham- 
ber, it was obferved, that a chair was 
placed fomewhere about the middle of the 
room, and every perfon (from the unufual 
fitualion of the chair) fuppoied that it was 
placed there for J'idge Chafe ; and fo in- 
deed it was. Bui to the aftonifliment of 
all who obferved it, juft before the Sena- 
tors took their feats, this chair was remov- 
ed. Now reader mark ; we pleHcre our- 
felves for the truth of it ; Mr. Muhers, 
the Searjeant at Arms approached Judj^e 
Chafe and toU bimi thai be was inftruii- 



ed to inform htm, that it he wiftied a feat 
he muft 'A'^\>\y to tnc Senate for the permif- 
fion of one, and th»'t >i}»on foch application 
it wou'd be granted t.> him. Jj'lge Chafe 
dtd apply accorJiogly, and hid the proni* 
ifed perrnifTion. 

F^a the 2tl. 'Whilft J irlge Chafe wat 
making his addrcfs to the Senate, he was 
once, twice, or thrice, interrupted by the 
Prefident. The can(e of this interruption 
appeared to arife from afuppofition on the 
part of the Prefident, that the Judge was 
wandering from tl^ queftion before thct 
Senate; that queflion being a requeft on 
ihe part ol the J^jdge, to continue his trial 
until the fiift day of the next Seffion of 
Congrefs. The Judge, in order to (hew 
ihe propriety of continuing his trial, touch* 
ed in fome degree upon the merits of tht 
impeach.-nent derived ffom the articles 
which had been preferred a^aii.fthim. To 
touch upoii thcfe merits, at this time, was 
improper in the Judge, as Mr. Burr 
thought* and therefore interrupted him 
once, twice, and thrice. 

Fa£l3^. After Mr. Chafe had conclud- 
ed his addrefs, and not before, he was de- 
fired by Mr. Burr to reduce his motion to 
writing. But, mark you reader, Mr. Chafe, 
had no table to fet at, no paper to write on« 
no pen to write with, no ink wherewith 
to uk his paper, pen and table if he had 

had them What then, you will a(k, 

was the judge to do ? In Jorma pauperis^ 
he walked op to Secretary Otis and beg- 
ged the liberty of writing at his table. 

Faft 4 h. The motion for continuance 
being thus reduced to writing, Mr, Burr 
informed Mr. Cnafe thai the Senate would- 
be in that Chamber a(^-iio» at la o'clock 
the next day. Judge Chafe attended in that 
Chamber at 12 J*c\of.\iprecifely — No Sen- - 
ators however, no Mr. Burr appeared un«^ 
til near 2 o\clock. , 

FaS ^»h. When the Senators (hewed 
themfelves on the 2d day, it was determine 
ed, that tbe Judge's prayer fliould not be 
granted. Bat mark again reader, no offi« 
cial information of this determination was 
given to the Judge, notwithftanding the 
Judge was there waiting and flaring them in 
the face. But fays Mr. Barr, ** Mr. O- 
tis, you will ^ive Mr. Chafe or Counfel a 
copy of this order upon application." 

Pievious to the qneftion for podpone- 
ment, an afSiavit by Jjdge C. was read in 
the fenate, flatjng that it was impoffibie for 
him to colleft the necefTuy teftimony from 
Philadelphia and Richmond this feflion, or 
to prepare his defence, even if the teftimo- 
ny was procured. Ail would not avail. 
The impeachers had twelve or eighteen 
months to colleft teftimonv and to pre- 
pare. Judge Chafe has ONE MONTH 
in addition to the fourteen days notice. 

So go the times. 



20 



C^t l^almtu 



Vol. IV^ 




9if0neu][tural. 

E X T^A C T. 

fROM THE COLUMBIAN GAZETTE. 



THRESHING MACHINE 

J HIS new and v;i]uahie inven- 
tion, ior wnich jedediah T. Turner has 
ohi^iined a paitni, promifcs an addition ot 
the iiigheil importance to the agricultural 
iiitcrcfi. 

The irlfllng€xpence attending the con- 
ftrudion ot one of thefe machines, which 
is not eafily impaired, but is equally well 
calculated for iheihrcfhing of all kinds ol 
grains, renders it an obje^l highly worth 
ihe attention of eveiy one concerned in 
hufbandry, and reflefts the bigheft honor 
on the inventor. 

A number of thefe machines are afready 
crefted in difTerent parts of this and the 
neighbouring ftaies of which the moft flat- 
tering accounts arc given. Col. J-^nci- 
laen of dzenovia, has lately erefled one 
of the machines, by which, with the af- 
fiflance of a man, boy and one horfe, he 
can, with the gteateft eafe, threfh one 
hundred bufhcU of wheal per day. 



^IKonitotiaf. 

To lid the cause of virtue and religion. 



FROM THE Kh?ERTORY. 



Quir, soit, an a(\j!cia»is hodiern^ cra'tina tumm* | 
Tempota D': supeii ! Horace. 



T. 



HE foMvol dcfetring the exe- 
cution 4.t our dcficn^; ro a future period, 
lias ever been a (u^'jcfl o^ cefTiife and 
compliint. NI yrA\^> hive efli?l'>ycd their 
reafon and el'-q'^ence iiorn a^e to age, to 
perfnadeus laitnfu'lvtoin-rtovethepiefent | 
hour, and ro remcn^ber tliai ftitnrity is not j 
at our corrjm^nd. H^'v.ir admonitions how- j 
ever lorciblf, h .vc l<iil-d to interrupt the 
purfuit of felfilh pieafure, and f > check i 
the prevalence r,\ this fedt'cinf^ weaknefs. j 
1 he truii^s w}:ich iV.ey h^^•Q delivered tho' 
' nevci cotitriivorted, h.ye not prevented ; 
the indulgenca ol a dilatory difpufition, I 



When we confider the fmall nnmber of 
thofe, who juftly eftimate the value ol 
life, we cannot forbear imiling at the fol- 
ly, or lamenting the weaknefs of human 
nature. Life if well employed is fuffi 
cient to difcharge the duties, which are 
1 commefTurate^with its duration. Induflry 
j may fometimes reUx, and the mind weari- 
ed by application is invigorated by reft, 
and fitted for the reception of truth. Un- 
remitting induflry is'beyond the power of 
humanity and he who hopes to employ his 
time with efficacy and profit, mud fome- 
times indulge in gavery and diveifion. 
' But the delight o\ eajc renders us unwiU 
• lingto refume our labor, and to return to 
the fervility of application. 

The happinels of man confiHs in the 
proper exercife of his intelh61ual and 
mora! powers. The pleafures derived Irom 
this fource are not like the tumultuous 
P^ratifica'ions of the fons of dcbaueheTy 
fleeting and unfubftaniia!, but affurd the 
j moft permanent felicity of which man is 
fufceptihle. Faifhiul improvement of our 
noble powers gives fupport in every vicif- 
fitudc of fortune, and enables us to bid 
defiance to every afTaulr. 

Refolntions of diligence gradually lofe 
their influence. Temptation fucceeds 
temptation and one compliance prepares 
us for another, until at length wc ate fe- 
duced from our honeft purpofes and tor- 
get our original intention, 

Thofe who languilh in inaftion are 
fometimes roufed toapainfulremembrar.ee 
of their folly. They are convinced ol 
thenecefTity of interrupting the aitraftions 
of pleaiure and breaking the chains of 
fenfuality/ But unhappily the time of a- 
mendment is always fixture. They are 
.willing to defer the attempt. 

Nothing contributes more to make old 
age a fcafon of unavailing regret, than the 
confcioufnefs of having proftituled thofe 
powers in unwo thy pursuits, which qual- 
ified us for enterprifcsihat demand ability, 
and a£lions honorable to the human char- 
after. 

Nothing can extenuate that indolence 
which prevents moral improvement, oi 
palliate the delay which checks thegrowtlT 
of mental vigour. Every man has forrve- 
thing to do, which lie ncgic i-ts to perform, 
All have faults to conquer, which they 
ne^letl to combat. Such is the pt»\ver of 
l.cihit, which is often too great for the mofl 
vi^rious itfi (lance hut n)ufl be overcome 
beft'je any attainments can be rnddc in 
wi(di»m or virtue. 



JlSemocial* 



^ ffldin andjhort road io a good d^Jliny, 

^^* Be ftudious, and you will be learned. 
Be induOrions and fru^^al, and you will be 
ncfu Be fober and tenipeiate, and you 
wii! be healthy. Be virtupus, and you will 
be happy." 



TO THE SENATE AND HOUSE OF REPRE- 
SENTATIVES OP THE UNITED STATES. 

The Philadelphia Chamber of Commerce^ 

RESPECTFULLY REPRESENT, 

J[ HAT the bill to regulate the 
clearance of Merchant VefTe s, now be- 
fore the houfe of Reprefentatives, if paf- 
fed into a law, will be very injurious to 
the Merchants of the United States as well 
as to its general Commere, 

By this Bill it is provided, that *« no 
Merchant veflTel armed, or provided with 
the means of being armed at fea, fhall re* 
ceive a clearance or be permiffed to leave 
the Poit where (lie may be fo armed or 
provided." This claufe excludes from 
arming not only all veffels employed to and 
from the We If Indies, but alfo thofe ira* 
ding to the South Picific, North Weft 
Coaff, and along the Weft Coaft of Af. 
rica, where armaments are ufelul and ne- 
ccflary as in any other tr^de in which we 
^.re engagCf^ By anoti er chmfe, arnied 
Merchant vcffels ol the Uriit^H Sr^tes are 
piohibi'.ed from goina ip the Wtft Indies 
Irom any other country, under the penal- 
ty of Forfeiture of the veflcl and her «* 
quipment, 

On ihefe claufes your memorial ifls beg 
leave to remark, that the numner of vef- 
fels cruizing in the Wed Indies, having 
or pretending to have French Commif- 
fiors, and which capture or plunder unar- 
med Americans, without ^regard to their 
deftination, renders it ahfolutt ly P/eceffary 
either to give Public Proieftion to that 
part of our commerce, or to fbffer our 
Merchants fo to equip their (liips as to be 
able to rcprefs thofe depreH^fi )r<; : And 
that the T-ade along the Weft Coaft of 
A'rica, in the Pacific Ocean, and on the 
North Wtfl Corift of America, cannot be 
carried c-n v.iih any degree of {afeiy wuh- 
oui fome aimament. 

The prohibiting of vcffels armed in the 
United States from going to the Weft In. 
dies from any other country, will, a<i y^ ur 
memorialifts believe; dcpiive the Mrr- 
chants ot the United Ss^ies of lome very 
valuable branches of Commerce, which 
thev at prefent enjoy. V\>%!jge.s li'om the 
Mediterranean to the Weft In^^ies are frc- 
qtient and valuable, and vellcls liom Itidia 
(*fien find there a market for part of tltir 
cargoes ; all of wh.ich are inierdifted by 
the Bill io its prefent form. 

By the fame fefiion it is provickd,That 
if any vefft-l, clearing out for a pon in the 
Mediterranean <^ bevond the Cape of 
Good H<>pe, fhall make or commit any^, 
depredation, outia^e, unlawful aifault, of 
violence^ fuch veflcl, with her arms, tac^ 



No. 3; 



Cfie 25alance* 



21 



k]c and furnkure, or the value ihereof, 
fiiill be farfcited to the uTeof the United 
States. This penahy your Memorialifts 
conGder as unneceffarialfy fevere, inaf- 
much, as no inftance of the mifconduft 
of veflels thus trading has hitherto occur- 
red to render it neceffary, and as it leaves the 
property of the innocent owner fubjeft to 
the indifcretion or mifcon(Iu£l of a com- 
mander or his crew, while the nature of 
the trefpafs, by which the penalty may be 
incurred, is entirely undefined. 

By the third f«fftion, power is ^iven to 
the colleftors to detain vefTels on (ufpicion 
until the opinion of the*Prerident (ball be 
obtained. To this part of the Bill your 
Memorialifts have objeftions that appear 
to them weighty. 

Bvthe Bill, vefTels intended for certain 
trades are permitted to arm, and if after- 
wards they proceed to rhe^ Wcff-Iadies, a 
penalty is incurred. It appears therefore 
fuperfluous, to leave it in ilie power of a 
colleQor to detain fuch vefTels upon fur- 
inifc or fuTpicion ; and it veffs him with a 
difcretion which may be exercifed to the 
oppreffion of the merchants, to whom no 
remedy is pointed out, by which an abufe 
of fuch power can be corrected. 

Your Memorialifts, having thus brief! v 
ftated their objcflions to the Bill in its ore- 
fent form, beg leave to add Tvme obferva- 
cions, which they fubmit with deference 
to the condderation of the Legiflature. 

Since the eflablifhrn^^nt of the prefent 
government, and particularly during the 
wars which have taken place between the 
nations of Europe, the Commerce of the 
United Spates has, at various times, been 
fabjefled to depredations of the armed vef- 
fefs of thofe nations, and the lofTcs which 
have been fuffained, though compenfated 
ia part, are yet great, beyond ail compu- 
tation. Without intending to cenfure the 
government for the warn of a prote6tion 
which fo extenfive a commerce as that of 
the United Srates appears to call for, it is 
proper to remark, that the nccefTity of the 
cafe and the peculiar flate of thinj^s at this 
time, require on our part precautions 
which in common cafes would not be 
d^f-m^d nfcelTiry. On the evacuation ot 
the Fiench part of the Ifl^adofSr. Do. 
mirgo, a great number of fmall vefTels 
were equipped as privateers,* from the 
Spanifh part of that IflarJ and from Cuba, 
by which our (hips have been continually 
harrafTed and even captured, although em- 
ployed in their ordinary and lawful com- 
merce ; and the moft wanton abufe of 
power is now daily exce^cifed, on the per. 
Ions and property of our fellow citizen?, 
bv a lawlefs banditti, who are not under 
the controul of the government whole fane- 
tion tfiey claim. If to American vefTels 
is denied the means of defending them- 
fclves, it cannot be doubted but the num- 



ber of thofe marauders will be multiplied 
to the furtherannoyanceof our commerce, 
and a very alarming change in our relations 
with the indigenous iiihabitants of St. Do- 
mingo, may be the confequence. With- 
out armaments, their ports will be inaccef- 
(ible to the Americans, which will impofe 
on them the neceffity of Ttipplj ing them- 
felves bv meauh of armed boats and vef- 
fels. They will make prize of ail unarm- 
ed vefTels and thus become the Algerines 
of the Weftern Hemifphere. 

How farihepropofed reflrjftion may be 
of real utility to the mother country is 
very doubtful, it is however certain, that 
her prefent inability to fupport a proper 
authority over this important colony, mav 
eventually produce an order of things in 
which from our vicinity we fhall be more 
interefled than any other nation. 

If» however, the Peace or general inter- 
eft of the United States, fhall be found to 
require fome rellriftion on the armament 
of merchant vefTels, the merchants are 
willing to Tuhmit thereto, and only hope, 
that theobje6ls of the Bill may be clearly 
defined ; that fuch reftri^ions fh^ll not 
extend beyond the neceffity of the cafe; 
and that its unufual penalties, together with 
the difcreiionary power to the Cuileflor, 
may be omitted. 



^ofittcaL 



FHOM 7HB EVEmNG P0S7, 
A LITTLE FUN AT \V.\SHlNGTON. 

OUR readers will probably ^eUfh the 
contents of the following letter from our 
attentive xorrefpondent — 

•* Mr. Granger and P. Mirten have le- 
cently, as agents for the New-Eni^land 
claimants of Georgia lands, pullifhed a 
book if! vindication of theTe cbim?, cor- 
fifting ofanhundredor more pages. — This 
bcjok has given great oflpence to Mr. Ran. 
.dolph, who, vou will recolleft, in the dif- 
cufTion of this fuhjea, at the laft fefTion, 
haughtily treated fome of his democratic 
friends in oppofiiion to him with great fe- 
verity and bitternefs. On Friday lafl Mr 
Randolph moved a refolution in the Houfe 
(which was carried) calling on the Poff. 
Majfer-Gener^l to (late^ to the Houfe a 
T>articularaccountof all the contrafls made 
fince he came into office, for the convey. 
ance of the mails in the United States, the 
names of the perfons ciwraaing, and the 
fums paid. This will be a vak»ah!cdocu. 
ment, fuch an one as federalifts have loTig 
wifhed to fee, but certainly never could 
have obtained at the motion of a federal^ 



A TURNOVER FOR AN APPLE PYE. 

The following little piece of Congreff* 
ional hiftory cannot fa^l to amufe, at lead 
the Yankics^ it not the Virginians^-^ 

ExtraB of a letter from our correfpondeni 
at Wajhington, 

•* In the courfe of the debate on the bill 
to amend the charter of Alexandria, the 
principal objeft of which was to extend 
the ri^hl of fufTrage to ** all free white 
male citizens,*' who had been chatggj with 
a tax on the public books, Mr. Goddard 
in anfwer to remark^ made by Mr, Eppea 
from Virginia, and Mr. Elmer from New. 
Jerfey, who advocated \he bill, was afketj 
why gentlemen did not carry their princi- 
ples into full efTc6l? If taxation and re. 
prefentation ought to be fo infeparable, he 
called upon the gentleman from New. Jt r- 
fey, the gallanay of whofe (fate had per. 
mitted females pofTefling certain qualjfi- 
catioDS, to vote, to extend the right of 
fufTrage to them— ^And begging pardon of 
the clafs of citizes jufl mentioned, for af- 
fociating them with fuch company, he call, 
ed on the gentlemen who profefTed to be 
fuch advocates lor the abfira6t rights of 
man^ ro fay, why the bill confined the right 
of fufTrage to the Xihite male cittzcns ? If 
any perfons had right to complain of the 
operation of the aft o\ lafl fefBon, which 
this bill was to repeal, it was fome of that 
clafs, who before the p^fTage of that aft, 
pofTifSng the qualifications in point ot 
properly, were entitled to vote, and by 
that a6t were disfranchifed. 

*' Mr. J. Randolph in a fpeech on the 
fame fubjeft, and on the fame fide oP the 
queftion againft the pafTage of the bill, 
fpoke agairifl univeifal fufTrage, and faid 
we could not jn fociciy proteft all natural 
rights. If fo why exclude perfons of full 
age, and not taxed? He went onto defend 
the qualification of voting required by the 
'aws oi Virginia, viz. pofTeflion o\ freC" " 
held ciliie, and made fome remj»i Its m al. 
lofion to the (1 svery there exiOing, and 
f*f]ced uhv the j;ent eman from Connefti- 
cut (Mr. G.) ill 'n?d caff about his political 
firebrands, and f«y he was in fport ? Mr. 
G. rofe to explain, and faid thai he owed it 
to himfelf and the houle to declare, that on 
a former day, as well as on thrs, his re- 
marks on the fubje6l alluded to were for 
the purpofe only of prefent.ngin a forci. 
ble point of view the arguments uffd by 
Mr. R. himfelf, on thefuhjecf of univer- 
fal fufTrage which fentiments he in general 
highly approved — And Mr. G. added, 
that he wifhed to remind gentlemen who 
talked fo much of the abflra^l rig^is of 
man^ of their own local fituation. Afier 
this explanation Mr. Randolph mi'ehi ff he 
pleafed call his remarks political fire- 
brands. Mr. R. rofe and laid that tj any 



22 



C|)t S^donce. 



For 1805^. 



thing coii-d lead him to doubt the corrcS 
nejs of his own Jcntiments, it was that 
tn^y met with the approbation of the gen- 
tleman from Conne£licut — not that be 
meant to call any reflexions on that gen- 
tleman, but that he believed that between 
him and the gentleman Irom Conn%£licut, 
there was, and probably ever would be, a 
radical diflference in fentiment, Mr. G. 
rofe and (aid, that there probably was be- 

ween him and the gentlenian from Virgin- 
ia a radical difference in political fpnti- 
ments, and on that account he rejoiced the 

more that the gentleman agreed with him 
this day:, as he conjidered it an evidence 

of his political convatefcence,'* 



Iflebolutionarp Crii&unal 



" Liberty plucks justice by the nose ; 

The baby b.ats the nurse, and quite athwvt 
Goes all decorum." 

IN SENATE 

OF THE UNITED STATES. 

HIGH COURT OF IMPEACHMENTS. 

Wednefday^ January 2. 

The United States vs. Samuel Chafe. 

Silence having been ehjoined b/) the 
trier, 

Mr. Otis (Secretary) Read the return 
on the fommons of Samuel Chafe, made 
by Mr. Mathers, fergeant at arms, who 
was fworn that he ferved the faid Samuel 
Chafe with a copy of the fumtnons and a 
copy oi the articles of impeachment. 

Proclamation was made that Samuel 
Chafe appear conformably to the fu mmons, 
or that his dclauk would be recorded. 
S'imuel Chaft appearCti accordingly. 
The Prefident o* the Senate (Mr. Burr) 
informed Mr. Chafe, that having been 
lummoned toanfwer the articles of im- 
peachment exhibited againft him by the 
Houfe of Repiefentatives, the Senate were 
ready to receive any anfwer he bad to 
make. 

Mr. Chafe reqjiefted, \n confrleratibn 
0I age and infirmuy, the indulgence of a 
chair, which being furnifliH, h- fratcd 
himfell near the area of the Senate cham- 
ber in front of the P efi Jent. The m -m. 
bers were feated in bo.xes covered with 
crimfonon each fide of the Prefident and 
in a line with h\% chair. 

Mr. Chafe rofe, smd made feveral obfer- 
vations of a general nature on the articles 
<yf impeachment. 
Ti« Prefident faid this day had been ap. 



pointed to receive any infwer Jie might 
make to them. 

Mr. Chafe faid his pDrpofr was to re- 
queft theallowanceof further time to put 
in his anfwer. 

The Prefident defired him to proceed. 
Mr. Chafe began his arguments in favor 
of an extenfion of the time for putting in his 
anfwer. After making his exordium he 
denied being guilty of all or any of the ar- 
ticles exhibited againft him ; but faid the 
charges were fo heinous and urged by fuch 
high authority, that a fimple denial would 
not be f ufficient. It behoved him there- 
fore to evince the reftitudeof his conduft 
by meeting each charge diftinftly. 

The Prefident here interrupted him ; 
and afked it the paper he was reading was 
intended for his anfwer, if fo it wovild be 
put on file. If it was the prelude to a 
motion he meant to make praying to be 
allowed further time for putting in his an- 
fwer, he would confine himfelt' ftri£lly to 
what had relation to that fubjeft. From 
the tenor of what had been urged it had 
appeared to him as intended for an anfwer 
to the articles of impeachment. 

Mr, Chafe faid it was not his anfwer 
that he was reading ; but ihat he \vas af> 
fi{;ning reafons, why he could not nojv 
anfwer, in order to (hew that he was enti- 
tled to further time to prepare and put in 
his anfwer. 

Prefident. You, who are fo conver- 
fant in the praflice of courts of law, know 
very well that a motion for time muft not 
be founded on mere fuggeflions, but muft 
be founded oti fome fa6ls to prove the pro- 
priety of the motion. 

Mr. Chafe faid he meant to (hew the im- 
pra6licability of his anfwering at this time, 
from the very articles themfclves and it 
was for that purpofe he had badanallufion 
to them. 

The Prefident faid with the caution he 
had given he might proceed, provided no 
objeftion were made by any gentleman of 
the Senate. 

Mr. Chafe proceeded with bis argument 
without interruption until he came to that 
part in which he ftated he could prove his 
innocence by the uniforni icnor oi his pub- 
lic life — which would (hew that whilft 
thofc who accufcd him were puling in 
their nurfes arms, his arms w^re raifed, 
and the utmoft exertions of his mind em. 
ployed, in laying the foundations whereon 
are ereQed the liberty, happinefs and 
profperity of our country. 

The Prefident here interrupted him, and 
faid that obfervations of cenfure or recri^ 
mination were not admifEble ; it would be 
very improper for him to liften to obferva- 
tions on the flatements of the Houfe of 
Reprefentaiives before an anfwer was filed. 
Mr. Chafe faid he had very few words 
more 10 acid,, aad he ibouJd ihcA fioiOi tor 

< 



the prefent. He was permitted to pro* 
ceed, and concluded with defiring that hef 
might be allowed 'till the fiift day of the 
next feflion :o put in his anfwer and pre- 
paie himfelf with a counfel for his trial. 

[Want of room compels u& to oitih the ^ull lengtH 
speech of Judg^ Chase, this week ; but it shaH 
be given in our next.] 

The Prefident defired him if he had any 
motion to make to reduce it to writing and 
hand it to the fecretary. 

Mr. Cbafd hereupon ftated his motion 
in writing which was as above ftated^ 
and was afterwards read by the fecretary. 

The Prefident then informed bim that 
the Senate would deliberate on his motion^ 
and that the court would be opened to- 
morrow at 12 o'clock. 

The fcnate immediately, on the invita^ 
lion of the Prefident, left the Senate 
Chamber, and proceeded to a private com^ 
inittee room. 

During tlie whole of thefe proceedings, 
neither the managers, nor Houfe of Re* 
prefeniatives were prefent. 

Thurfday^ January 3. 
The Secretary adminiilered to the Pre* 
fident the following oa^h. •• You do foU 
emnly fwear that in all things appertaining 
to the trial of the impeachment of Samuel 
Chafe, you will do impartial juftice ac« 
cording to the conflitution and laws of the 
United States." 

The. like oath was adminiftered by the 
Prefident to 27 of the members prefent, 
and three others made folemn afHrmation 
to the fame efFeft. 

The Prefident laid before the Senates 
letter from Samuel Chafe, inclofingai) af- 
fidavit fworn before Mr. Juftice Hamilton, 
affigning various fa6is and reafons for be* 
ing allowed further time to give in his an« 
fwer. 

Mr. Bradly moved the Senate to come 
to the following refolution : 

Ordered, That Samuel Chafe, one of 
thealfociate juftices of the fupremc court* 
of the United States, do file bis anfwer to 
the articles of impeachment exhibited a- 
gainft bim, with the Secretary oj the Sen- 
ate, on or befgre the day of 

Mr. Giles moved to ftrike ou^all the 
words after the word ordered, and infert 
in lieu thereof the.iollowing : *• That the 
day of fhall be the day for 

receiving the anfwer and proceeding on the 
trial of the impeachment of Samuel Chafe." 

Mr. Hillhoufe moved a divifion of the 
queftion, taking it firft on ftriking out. 

Mr. Giles afked if the whole was not 
one motion. 

The Prefident declared that any mem* 
her of the court had the right of requiring 
a divifion of a queftion wh>ere it was ful* 
ceptible of a divifion, and he conceived 



No. 3- 



Cfte 2?a][antf. 



23 



X 



the amendtnent propofed was capable of 
being divided. 

The quefiion was then taken on ftriking 
cm by calling over the names of the mem- 
bers, and there appeared Ayes 20— ^Noes 
10 — So the words were ftriken out. 

The queftion was ' next taken in like 
manner upon inferting the words moved 
by Mr. Giles, and was carried — Ayes 82 
^Noes 8. 

Mr. Tracy moved to fill up the blank 
with the firft Monday in December next. 

Mr. Br^ckenrid^e moved to fill it up 
with the 4th of February next. ^ 

The Prefident faid the firft queftion 
would be on t4ie moft dtftant day, viz. the 
firft Monday in December next. 

On this quefticm there appeared 12 Ayes 
ind 18 Noes. So the motion, was loft. 

The Prefident then put the queftion on 
the 4th day of February next, which w^s 
carried in the afjirmative — 31 Yeas and 9 
Noes. 

The queftion on the order, as amended, 
was then pat and was carried— ^Aycs 21 — 
fiocs 9. 

The Secretary was direSed by the Pre- 
fident to deliver a copy of this order to the 
Houfe of Rpprefentatives, and another co- 
py to Samuel Chafe. 

After enquiry by the Prefident wheth- 
er any gentleman had any thing further to 
ofier, the Senate withdrew to a private 
chamber. . 




Be k our weekly tasJc, 
To note the passing tidings of the times. 



^^tttl^On, January 15- 



FIRES. 

An elegant brick dwellinfr.houfe, be- 
longing to Daniel Sargent, Efq. Bofton, 
was confumed on the n;iorning ot the 3oih 
alt. 

The houfe .of Widow Robb, Acworth, 
N. H. was lately confumed, with all its 
contents. Her daughter, aged 15, perifti- 
/ed in the flames. 

We have been favoured with the fol- 
lowinin^ extra6l of a letter iiom an A- 
iriericdn gentleman at Purt-au Prince, to 
hi« friend in ihis city, dated Dec. 3. 
1804 — 

" Ttie Aid-de-canrip of the Emperor 
Pt'ffjiines c Jled on me this evcnmg. In 
the couiTe oi our converiaiion, he men- 



tioned, and wifhed it to be known that the 
Emperor was entirely igiiorant of the 
hanging of the mate of the Pilgrim ; Gen. 
Chriftophe ordered it without his knowl- 
edge, and has fince-received a feverc fep- 
rimaod for fo doing.*' 

{Phil. T. Am^r.l 

ExtraS of a Utter from a Member oj Con- 

•♦CITY OF WASHINGTON, DEC. 31, 1804. 

•• We have this moment received, and 
had read by the Clerk, a letter from Mr. 
O'Brien, our late Conful at A^firiers, ad- 
drefled to Mr. Gavino, our Conful at 
Gibraltar, the fubftance of which is that 
in the three attacks made by Commodore 
Prebble, againft Tripoli, on the 3d, 13th 
and 29 h Auguft, he had taken and def- 
troved fix gun boats, killccl fevcral hundred 
of the enemy, and taken one hundred prif- 
oners. 

On the ni^htof the tft September, an- 
other attack had been made on the vefFcIs 
in the harbour, in whichaiire fliip, which 
was fent forward among the veffels, un- 
fortunately took fire before the people on 
board bad cleared themfelves, and blew 
fhem all into atoms. — In her were loft, 
Captain Somers, Lieut. Wadfworth, fon of 
the Member of our Hv)ufe, and Midfti p- 
man Ifrael, (Izard) who, I underftand, is 
from South Carolina. 

Captain Barron did not arrive off Tripo- 
li until the 9th of September, which was 
unfortunately too late in the feafon, to per- 
mit him^ to keep the^^un-boats and corfairs 
in our employ any longer on that dange- 
rous coaft— ;Of courfe our hopes of reduc- 
ing the Tnpolitan^ to our terms for this 
feafon are loft, and it is apprehended, I 
find by our Conful, that our unfortunate 
countrymen will have Jo remain longer 
than wchad heretofore hoped, in their con- 
finement. It does not appear by the com- 
munication, that any terms had been pro- 
pofed by the Tripolitans.*' 

\Phil.Reg:\ 

At a Court of Oyer and Terminer and 
Generah Gaol Delivery, held yeflerday at 
the city hall of the city of New. York, in 
and for the faid city and county, WiL 
LiAM P. Van Ness, E^q. was tried and 
convi6led of being the bearer of a chal- 
lenge from the Vice- Prefident of the Unit- 
ed States to the late General Hamilton, 
and for ajding and abetting inihe fatal Du- 
el which terminated in the death of the 
latter. The evidence was to clear and 
pofitive, that the jury returned a verdi6l 
without retiring from their box. 

[.W^r. Advertifer,'^ 



NASSAU, N. P. NOV. 27* 
Curracoa. — We have beei» fa» ored with 
the iollowing information, received, via 



I Turks-Ifland.— The hon. captain Murray 
j has been detached with thiec or four yef- 
fcis of war under his command from Ja- 
maica, for the pnrpofe of blockading the 
ifland of Curracoa until its furrcnder, 
which it was expcfled a veiy few weeks 
j would accomplifh. noiwithftandin^icar- 
rival of a new governor from Holland 
with a few troops, ^y the laft accounts 
from Porto Plata in Hifpaniola, we are au- 
thentically informed that the Spaniards at 
. ^^' J^gode Hifpaniola, had intercepted a 
j letter from the French to Deffalines, of- 
I feringto facrafice and deliver up that place 
' to bim if he would allow them to retire 
unmolefled, and to aflift in the deftruQion 
of the Spaniards. In confequencc of 
which difcovery, the Spaniards, anticipa- 
ted the French by attacking them, 27 oi 
whom they put to death, and made about 
300 more of them prifoners. The com- 
I mander in chief of the French forces at 
Santo Domingo, being apprized of this 
circumftance, fent to demand his country- 
men being delivered up to him, which was 
ref ufed on the part of the Spaniards, who 
immediately thereupon hoi fted Spanilh co- 
lors at Si. Jago and at Porte Plate; and 
applied to the commander of a Briiift) floop 
of war there, requefting to be fuppHed 
with arms and ammunition, and to the 
fame effea fent over to Turk's Ifland, as 
he fully expeaed an attack from DeflTa- 
lines, who had colleQed 22,000 of his peo- 
pie for the porpofe— we underftand, how., 
CTer that neither of the Spanifti command- 
ers application eould with propriety be 
granted, and of courfe necefliiv compelled 
the refufal. 



Clie ftnot. 

MARRIED, 
At Claverack, on the 9ih inst. by the Rev. Mii 
Jjdd, Mr. David SiigLiifo to MLss Ma&iam 

Kelly, of this city. 



CfleJtnell 




On the 21st ult. at Delhi, Dela^va^c county, Mrs- 
Hi LDAH Frisbie, wjlc of Gidcon FrisVie, Esq. in 
the49in year of her age. A profcbsor of religion, 
industrious and exeTn|>lary in Lfe ard conYcrration, 
her latest moments wcic serene, submissive and inl 
siruciivc — to^er surrounding fri« nds f cniin£, to sz,y\ 
wirh Add'.son, « Come and sec hew aChtisiiancaa 
dic.'» 



24 



€^ 25alance. 



Vol. IV. 




EXTRA C T: 

LESSON FOR THE NEW YEAR. 

[In the following' extract from the Address of the 
Carrier of the CattkiU Pecorckr^ an excelleut mor- 
al is conveyed under a pleasing garb :— ] 

But ere we part I'll )ust relate 
An ancient adage, fix*d as fate. 
And true.— *Tis for your good I vend it : 

•» As YOU BEGIN THE YEAR YOU*LL END IT.** 

Should you this day incline to evil, 
Through the whole year you*H serve the devil. 

Should any scold exert her tongue, 
ftwelvc months she'll smg the same sweet song. 
Should any Miss 't'dl twelve this night. 
Indulge in conduct wild or light, 
Or act the coquette, or the priidc^ 
Treat her gallant with manners rudei 
Or frown, cr fret, or once decline 
From virtue's stiaight and obvious line. 
Through twelve long months, beyond a dnubt* 
Shell scowl, and frown, and fret, and pout. 

Be cautious, then, that on this day 
You deviate not from «• wisdom's way.** 

Let not the Merchant vend his trash 
For thrice its worth in ready cash. 
Let not the Lawyer, smooth and sly. 
Consent to vend a single lie, 
Nor grasp, with roguish hand, a fee 
For counsf 1, worse than none would be. 
Let not the Doctor give otw pill 
Merely to le»igthcn out his bill. 
Nor let the Tavlor stint one gore. 
To add a remna ;t to his ^ore. 
Let not the Cobler slight his shoe, 
T^.r lettbt Gambler cheat at /oo.[*] 
Lef every Drunkard quit his cup. 
And Epicures foiget to sup. 
Let nothing fraudulent or fcul 
This day jmllute a single soul ; 
Nor one mean act your hearts debase, 
But all the virtues find a place. 



r» Th? editor of ihi<? paper once proved m a cf urt 
of justice. tha^Foot, a notbrious j]famhlcr, an I dis- 
trict aitomey'for the district composed of the c un- 
ties of Columbia, Rensselaer and Green, had been 
guilty ot cheating an intoxicated man in playing at 
Loo. The Poet seems to have had this fact in his 
inhid*s «yc, when he composed this line. 

Edit. Bal.] 



g^iber^itp. 



SOVEREIGN AUTHORITY IN CHINA, 



N< 



_^ O Monarch in EoropepoflfeflVs 
power lo'unlimited as the fovereign ot this 
numerous nation. All authority is vetted 
in himiiione : he is the undifputed matter 
ot the lives of his fubje£>s, and ihus plac 
ed in a fnuation to become thegreateft ty- 
rant in the world. 

No fentence of death pronounced by a- 
ny of the tribunals can be executed with- 
out his confeiu. Every verdift in ci vif af- 
fairs is fubjeft to the .fame revifion ; 
and no determination is of any force until 
it has been confirmed by his afTent. On 
the contrary, whatever fentence he pafles 
is executed without delay.. His edifts are 
refpefted throughout the whole empire as 
though they proceeded from a divinity^ and 
at%immediaiely publifhed and regiftered 
without the leaft remonftrance. This ab- 
(oluie power in the head of the Chinefe 
empire appears to be as ancient as the em- 
pire itfelt, and all the revolutions which 
have taken place have tended to confirm it. 
The emperor alone has the difpofal of all 
the offices of fiate which are wholly de- 
pendent on his pleafure. No employment 
is however purchafed in China ; merit, 
for the moft part, raifes to place, and rank 
is attached to plate only ; thus whatever 
may be the defpotic power ot the emperor, 

' the government has an eminent advantage 

i over moft of the governments of Europe ; 

' the offices and honors of which areas fale- 
able as their other mercantile commodi- 
ties.. On this principle, of merit only 
qualifying for office, the empeior has the 
right ot ch ^ofing a fuccedor either among 
liis children, the reft of his famrly, or from 
amon^ his own fuhjcfts ; thus Chun, 

. prime Minifterof the emperor Yao, was 
chofen by that monarch lofucceed him, on 
account of his luperior abilities. 

Should the fuccefTor named by the em- 
peror be wanting in that refpetUiil fubmif- 
fion which he conceives is due to him, or 
manifelt fome natural weaknefs of which 
he was not before fufpetled, the fame hand 
that raifed him towards the throne can re- 
move him from this exalted ttation. In 
fuch cafe arfother fuccefTor is chofen and 
the former is entirely forgotten. The em- 
peror K^ng-hi, one of the lateft and beft 
fyf the Chinefe emperor?, thus exc!ud<?d 
his eldeft fon from the throne, thor.gh he 
had once nominated him his fuccelfor. 

A prince of the blood is generally ef- 
icemed in China ; yet the emperor can 
prevent thofe from afl'uming that title who 
have a natural right to it, but if they are 
permitted to enjoy their rank, they have 

j rei'.her influence nor power : they poffefs 



a revenue proportioned to their dignity ; 
and have a palace, officers and court ; but 
they hAvc lefs authority than the loweft of 



A Richmond Pun —A few nights ago, 
one of the Right Honorable of the Upper 
Houfe, fatigued by the long contin-ued 
toils of the day, and feeling his boots 
rather burthenfome, called to a lad of co- 
lour, whom he miftnck for one of the 
waiters of the Hotel, •* to bring a jack and 
taig o^ his toots.** — *• O yes, to be fure, 
to be fure, fir, pleafe your honor," re- 
plied this arch fon of Cain ; and fkipping 
away at a lamplighter's gait, was back in a 
moment, and fo completely took off tl>e 
gentleman's boots, that they have never 
been beard of fince. {Vir. Gaz.] 

A FELLOW found guilty of burglary 
and robbery be(^re Juftice Day, in Ire- 
land, (hrewdly enough obferved, that his 
fate had been fingular — he had loft by 
Day v/h3i he bad got by Night ! 

A wile annotator on the Pentateuch, 
named Peter Harrison, has obferved of 
Mofes's two tables of Jiont that they were 
made of fhittim wood. 



TERMS OF THE BALANCE, 

FOR 1805. 

To City Subscribers, Two Dollars aad Fifty 
Cents, payable quarterly. 

To those who receive them by mail, Two Dol- 
lars, payable in advance. 

To those who take their papers at the ofiice, vx 
bundles, or otherwisfe, a deduction from the city- 
price will be made. 

A handsome Tide Page and Table of Contents 
will accompany the last number of the volume. 

Advertisements inserted in a handsome and con* 
spicuous manner, in the Adiveriiser vrhich accompa- 
nies the Balance. 

NOTE. 

. The first second and iliird Volumes of the Balance 
may be had on the following terms •— 

First Volume — wibound-^ - g 2 

Second Volume, ^ - g 2, 55 

Iblrd Volume, • - - - g 2, .50 

7 he three toother, - - S ^> ^ 

If bound, the price of binding (either plain or eU 
egant) will be added.— An unbound volume may be 
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PUBLISHED BY. 



BARRY CRGSWELL, 

Warren-Strcct, Hxidson. 

WBBRS PRINTING IN GENERAlTlS EXSC7TSt> 
WIlH NEATNESS A^l> ACCURACY. 



No. 4. 



COLUMBIAN 




Vol. IV. 



REPOSITORY. 



•• HAIL SACRED POLITY^ BY FREEDOM REAR*0 ! 

•• HAIL SACRED FREEDOM, WHEN BY LAW RESTRAINED !" 

BBATTim. 



HUDSON, (New-York) TUESDAY, January 22, 1805. 



Hither the products of your doset-labort bnng» 
Enrich our columns; amd instruct mankind. 



FOR THE BALANCE. 
HAPPINESS. 

HE great objefl of every per- 
fon is the attainaient of felicity ; yet how 
very few catch even a faint glimmering o( 
the beloved obje£l whofe charms have aU 
Jurcd them to the purfuit. Although we. 
Tee thoufands apparently happy, on whofe 
coontenances fponively bade the fmiles of 
apparent contentment and joy, yet, could 
we have a5:cef8 to the heart, inftead of 
(miles we fhould fee feJicity in ruins, and 
fhe pale fpe£kres of happinefs mantled in 
grief. The enjoyment of many who call 
themfelves happy, is merely negative. 
That of others, is, in its very nature, fleet- 
in and tranfitory. 

«' O hapfuness ! our being's end and aim 

« How few know more of thee than just the name.*' 

To be happy the mind muft be virtuous, 
mud be enlightened, muft be refined. 
Whatever other minds may boaft ot en- 
joyment, it is fuch an one only that can 
realize it. Here arc we to look for real, 
fubflantial peace ; for pleafures chaffe and 
refined, for happiiiefs, exquifite and laft- 
ing. How many mifs the grcbt objeft of 
purfuit, by miilakiog its nature. They 
view a pi&ure drawn by the magic pencil 
of an imagination, wild and romantic ; but 
the reality they have never feen. Al- 
though, for a time, the mind maybe pleaf. 
ed with the' wild (ketches of fancy's im- 
agery, yet, fuch is its nature that it can 



never be fatisrfied (hort of that which is re- 
ally fubftantial and excellent. 

Many reafons might be adignad, why 
mankind are not happy. Perhaps nothing 
is more e{rentially requifite to our haji^i- 
nefs, than forming when young, a juB ef- 
timate of life, than thoroughly (canning 
what will in its own nature, and what will' 
not yield us the de(ired lelicity . In youth, 
we fee before us a paradife of joys. We 
gaze with rapture upon a horizon painted 
with all the blufhes of the morning. We 
behold ourfelves furrounded with every 
thing which can captivate and charm. 
The rqoft beautiful flowers regale the eye; 
the fweeteft odours are wafted upon the 
breeze, the ear is enchanted with the 
choired mufic of nature, all the fepfes are 
lulled into the mod delightful tranquility ; 
nay, the whole man is taken captive in 
bJift. Such is the paradife which is formed 
by the youhful mind. We gaze, we ad- 
mire : but like A Jam, we do not refleft 
that fome unabfiemious Eve, may marr all 
the beauties ot the fcene, and banifh us 
forever from all, that in profpeft, we had 
fo fondly enjoyed. — Well might Cowper 
exclaim, 
■«« Defend me therefore^ common seijse, say 1, 
«« From reveries so airy ; from the toil 
«* Of dropping buckets into empty wells, 
«* And growing old in drawing nothing up.** 

To enjoy life, we muft view it as it is, 
and look for thofe enjoyments only which 
humanity can realize. It is not becaufe 
happinefs is unattainable that fo many are 
unhappy. Wc Rafs it heedlefsly by, and 
look for that which exifts only in imagin- 
ation. * 

** She comesioo meanly dress'd td win our smile, 
«« Andcalls herself Content^ a homely name 1 
<< Ocr flame is triwrp?rt, and con'eat our scorn. 



«< Unknowing what oar mortal state admits, 
" Life's modest joys we ruin, while we raise i 
" And ail our extastes are wounds to peace.'* 
Some found all their expeaations of 
happinefs on wealth ; others, on the 
" whidleing of a ^narne."— They fondly 
expeft, that, like the fiery chariot of Eli. 
jah, it will, in fafety conduB them to their 
wifh'd for heaven. But doubly vain are 
all expeaations of felicity, which are 
founded on wealth or honors. Experience 
hath long fince taught, and reafon ftrongly 
teftifies, that thev are wholly infufficient 
to fatisfy t^ defires of the foul. A vir- 
tuous and weli^i'^^htcncd mipd is the on- 
ly fabdantial wealth, and the tj^ftimony of 
a good confcience is far more defirablc 
than the mad applaufe of the world, 

C. 



€i?itonal 



STATE FACTS, SPEAK TttWTH, AMD DIB MABTVBS. 



JUDGE CHASE. 



w. 



ITII much nlerifore, we this 
day prefent our readers with the fpeech of 
Judge Chase, before the High Court of 
Impeachments of the United States. Wha:. 
ever unfavorable imprefTions might have 
been made upon the minds of candid men, 
by former puWicaiiors and proceedings 
on this iubjea, we think ihis fpcech is 
calculated in a great meafureto wipe them 
away. Fafts and circumdances are here 
difclofed, which ferve to expofe the un- 
rcafonableneff, if not the injudice, of the 
accufations againd the judge ; and the un. 
prejudiced reader will find, in his protcda- 



26 



<att)t ^alantt 



For 1805. 



ions dI innocence, and in the manly dig- 
nity of the fpeec]\ llron^ evidence if an 
boneft heart. Judge Chase ap^pears not 
as one humWcd, afliamed, coniufed and 
guilty : Nor does his manner partake of 
that haughty pelulence and impertinence 
which always marks ilie hardened offend- 
er. Firm, dignified and refpefliul, he de- 
clares that he has coniraiitcd no crime ; 
and denies all improper intentions. He 
afks time to make out his anfwer, and offers 
the mod weighty realons lor the rtqieft. 
He difclaims all intention of afRtled delay 
.:— rejoices in an oppoftunify of vindicating 
his iiinorence ; and thanks his accufer^ 
lor-^aving at length put their charges ihlo 
9 definitive form, fufceptible of refutation. 
The fpecch difclolcs two f^Qs which 
demand ferious at tern ion — i!*e fiift. fJicws 
to what mifw-rable (hifts the party in pow- 
er are driven to make out acciifations a 
gainil Judge CuASE — the other e^^pofes 
their grofs and abominable partiality. — In 
the new articles, trumped up this feffion, 
the judge is charged with having, in the tri- 
al of Callcnder, under the lawy ofih^ Uni- 
ted States, infringed the laws of Virginia! 
Wc do not imend to call in ^ueftion the 
right of Virginia to d^jjj||rf^A€ impeach- 
ment of a judge who, a61ing under the 
]aw8 and by the authority of the United 
States, fhall contravene a fldtclaw of the 
ancient dominion. (We are fenfible that 
the laws of Virginia are entitled to more 
fefptft than the laws of the union.) But 
iidmitting this right, it appears that, on the 
trial of Callender, his counfel never fo 
mucji a$ mentioned the laws, which Judge 
^^HA^E is charged with having iiitringed. 
Judge Chase was i(?norant of the exift- 
enceof fuch laws, He reiided in another 
ila^e, and atled unfler adiflTciCnt authority. 
So that, even admitting the aft was wrong, 
the intent w. s innocent.— Bui it has been 
made a pretext for impeachment \ and, 
Irom prefcnt appearances, feetns to anfwer 
better than none. 

In the ne.^t place, it appears, th^t the 
moft (flaring partiality hui been fhewn ; 
Judge GuirFiN was the i*!f(>ciaie of Judge 
Chase on the trial of Callender, and con 
curred in the judicial opinions for which 
the latter has been impeached. Thus the 
fame opinions which were held criminal in 
Jurlge Chase, are confHcrcd perfcftly in- 
nocent in.J.idge Gr^fin. It is impoflfi. 



blc to account for this partiality, uolefs we 
afcril^it to political con fiderai ions. Judge 
Griffin, it ia faid, is a democrat — Judge 
CiMiE, we ali know, is a federalift. But, 
furely, this ought to make no difference in 
an affjir fo much importance. 

The bufi nefs. on the whole, wcers a 
gloomy afpeft ; and we are apprehenfive, 
that (houid the arm of juilice prove inful- 
ficient,' the iron harid of power will be 
employed tocrufh Judge Chase. 



Jjcletteti* 

[Wc copy the following extracts and remark* from 
Evening Post of the 1 Ith inst. 

From the American Citizen, — ** Yef- 
•»terday the trial ot Nathanikl Pendle- 
**^^N^ Esq. on an indi61ment for bemg 
*« the fccoiid of Genera' Hamilton in the 
'• duel which terminated his rife, came on 
'* in the court of oyer and terminer held 
" in this city. We were not early in the 
«• hall, but underftand^thaiit commenced 
♦* in the morning and occupied the court 
•« during the whole day. About ei,?^!it at 
•« night the Jury, in five minutes after 
•* the argument^ of the counfel were dofed, , 
*• returned a veidi6l of gutity ! ! May 
♦* God in his infinite mercy preierve our 
♦* liberties from f^ich a jury. 

" At this late hour of the night oppor- 
•« tunity is not as ample as my inclination 
*• to animadvert upon a verdift fo fubver- 
** five of the conftitntionot this ftate and 
*• the rights and liberties of its citizens. 
•« The uncorflitutionality of the duelling 
•• law was pointed out by Mr. Ht^ffman 
«• in a fpeech uncommonly luminous and 
•• argumeniative. I regret extremely that 
M a partial abfence from couit renders rne 
^ ** un.-ble to report it. Mr. Hoffman dc- 
I '• monff rated the folly ot the legifl^iture 
»• that enabled it, and, I willadd, the cri- 
'* minalUy of the Jury tha^ has given it 
•* lan^Hon. Kforoe gentleman of the bar 
*• would report ir, he would render an ef- 
•« fential fervice to the public. 

•* On what ground did ihe Jury make 
«* ijp their verdifl ? What were their rea- 
*• fons ? How, in more happy moments 
•f of reflexion, will jhey reconcile it with 
f* ih»ir confciertces ?*' 

And in co4)cludmg bis account of the 
trial, the Editor in a ftill mpre bitter ftrain, 
thus exprelTe^ himlelf — 

?f rime does not allow me to fay more 
•* at prefem. I conclude in the emphat. 
»* ic language of Lord Chatham that the ju- 
** ries who were *• fo loflto every fenfeof 
•• fhame a?,*' in the caTes of Mr. Pendtetpn 
*• and Mr. Van Nefs, topronouncea ver- 



♦* di6l of guilt, are flaves themfelvcs •' and 
•• fit inft ruments to make flavts of the rciV 
•• of their lello'w citizens.*' 

The above cenfures of the editor of th^ 
American Citizen on. the jury, are ex« 
tremely ir.cofifiderateand ill-judged. Ho 
may fancy that •• in more happy mf^rnenu 
of refltftion** they will be unable tarecon^ 
cife their verdi£f to their confcicnce, but 
we fufpe£l that he, on a very little cool 
reflettion, will be very forry that he com- 
mitted this haffy paragraph to tl e prefs, I 
will explain n)yrelf in a few words : 

Though our duellir>g (fatute is liable to 
variouaexccptions and is very unfkillully 
drawn, yet on the whole 1 am inclined to 
the opinion that it is no vi(i!ati(»n of the 
conftitution : I however mean not to be 
underffood as taking or intending lo take 
an argumentative part in its favour. My 
objeftion to rhe article in the Citizen 'is an 
uniufiifirfbleattackona jury of the country. 
What are the latts ? A liiil to prevent du- 
elling was regularly brought before the 
Houfe of Affembly, and alter long and 
folemn debate p<*fled : then it went to the 
Senate and palled in like manner; laftj^, 
I it received tlie f^riftion of the Council of 
I Revifion, coiififlifjg of the Governor, the 
' Chancellor and the Judges oi the;Supreme 
i Court ; of conrfe it became a law of the 
State. The firft trial that arifes under it an 
; objeftion is urged by counfel that the law 
is unconftituiional, and a very laboured 
law argument is made to demonihatc this 
to the court and j ury ; to' u bich a long and 
laboured reply by counfel on the other fide 
is alfo fubmltied. The coun on the whole 
are of opinion that the law i& conftitutional 
aqd delivpr this opinion to thejury, at the 
fame lime informing them that it is their 
prerogative to ma^e a contrary decifion^ 
law as well as fa6l in criminal cafes being 
equally within iheir ct gnizance ; but ad» 
I dtn^ that it they fhould decide by their ver- 
di6l in lavour of iheconftitutionaliiy of the 
law, fliU the convifled would have an op. 
portunity of availing hrmfc!! of his irual 
objr61ion before the Supreme Coui^. The 
Jury after fitting patiently the whole Jay 
long and hearing all that can be urged on 
both fides, conplude it is moft prudent for 
them to return a general verdift and leave 
the law to be eventually fettled by the Su- 
preme Court on folemn argument. 

And forthis they are branded before the 
public with the moft flagrant •* criminally ;'* 
with being fit inflruments loenllave their 
fVllow-citizens and God knows whi;(. Daes 
the Editor of the Citizen refleO in what a 
(ifuatioiv he places fome of his beftf nends ? 
1 mean, firft, his friends in the Legiflaiure, 
for it inuff be remembered this law wais 
piaffed by a Democratic Legifliture r\ both 
HoufcfS ; next His Excellency George 
Clinton, the then governor ; next Chan- 
cellor Lanfin^, and, laftly, Mr. J-. (lice 
LivingfloOi Mr. Juftice Lewi*, (now alip 



No. 4- 



€8e 2^a!anct» 



^1 



his Excellency} and Mr. JuQice Thomp- [ 
Ton ? If a)} thel^ «v."tltraen domccra'S, all 
ihcTe lavvyers, an^t j'J-^g^^, and governors, 
have given this law the weight o\ thjir 
fanflion, ar.d hii^e pronounce 1 ii to be 
conflituiionai, are twelve individuvih, ta- 
ken from the maf.s of our lellow-citizens, 
who are neitlier lawyers nor prole (Tional 
men, nor men of literature, but perlons 
whofe ordinary occupations and habits, 
if they do not ahfolutely render them u.o- 
fit for deciding on queftlons of law and 
corfiftitutions, at leail aff>rd theni no ad van- 
tage for fo doing, are thefe well mcanin^T 
men to be helcl up in our prints as objects 
of public odium, beranTe they have not 
let up their opinion ol the law and confti- 
"Imion againft iheimpofirig opinion of fuch 
a haf! ? 

We are certainly not difp-^fcd to prefs 
this matter or to induljje in acrimonious re- 
mirks, but we irufl thit however this ve,r- 
&\^ may implicate in i's confcquences his 
friend Rtker, the E'iiror of the Cnizf-n 
will, on further refl^di n, fet* the cafe in 
much ibe f irne liglu that we do, and that 
he will mtike hafle to retraft what he has 
(aid ; or at any rate that .he will perceive 
the jjfticcof trannferring hiscenlureslrom 
the J'lrytothofe on whom, ii on any bo- 
dy, they ought to ligiit* 

FROM THE COMMERCIAL ADVERTISER. 

The trial ^Nathamikl Pendleton, 
E^q. indi6^ed f. r afting a< fccond to Gen, 
Hamilton in the late unfof tunatedue), cime 
on yefterday, in the court of oyer and ter- 
ininer and general gaol'delivery, now fit- 
ting in this city. The Aiiornev- General 
cond'jfted the profecntion on the part ol 
the State ; and Mr. B'CTfon, Mr. Rad- 
clift, Mr. Hoffman and Mr. Co!den were 
advocate? for the defendant. The trial 
coniinued eight hours ; and the jury, hav- ! 
in^T retired lor filtecn or twenty minutes, I 
leiurneda vcrd>£l of guilty. |' 

Wc know not the Gentlemen, who ; 
compofed the jury on this trial, but we j 
moft fincerely regret, that the editor of a 
raorninc; p^per (hould have indulged him- , 
-fell M'ith fo much acrimony agaifift a ref. 
pcSable jury of the city — againfl the pro- 
ceedings of one of our highcft courts. It ^ 
\% beJieved that he will, when he has 
calmly re-confidered his remarks, retrafi , 
his feverity, or at leaft, qualify his cenfure. ! 

We underftand, that the verdift of the 
jnry, fo far as refpefts the conft itutionaliiy ^ 
of the ** duelling law" (a law which the ed- -' 
iter has denounced as ** profligrate and per- j 
nicious"). is perfeftly accordant with the 
deciCion ol the honorable judge who pre-. ! 
fijed. The decifion is, in our opioion, j 
ftriaiy correft. In fupport of thi* opin- | 
ion, the reader is referred to the 13th arti- I 
cle of the conllitution of this flate. In this ! 



article, Jt is d.eclarec^, il 3» •* no member 
ot ihis ffjiofiiili bs di[lranc!irj'id^ orce- 
prived of aiiV of theii;iiu^ or privileaes, 
fecured to the fuhjcfts ol this fl itt by this 
conUiiuiion, unlej's by the. (aw of theland^ 
or the judgment 0/ his. peers.'' — U is un- 
n^celiary to oftcr any illuilratic^iot this ar- 
ticle, to fliow that the legiilatuie have^ 
con/litutionai right 'o cnatt a law, 'm«king 
distsanchilem'?^:! the p<?nai.y, lorthecom- 
miffion of the cnmes therein fpecified. 
Such is the law in qieliion. 

If, the law againfl duelling is conftitu- 
tional (and that it is fo, we believe, has 
been decided by the Hon, Council of Re- 
vifion) — and ii theteftimony, in fupport of 
the f atls alied^^ed in the ind id rnent , was dc- 
cifive, liov/ever our feelings may plead in 
behalf of Mr. Pendleton, y<t a jury, un- 
der oath, were baund to bring in the ver- 
di61, which wasieturned lull evening. 

The jury and the court, theretore, not- 
withfidoding the unqualified cenlure to 
wjiich we have belure alhided, will,^i- 
Ifeadol receiving the reproach of *' cmi- 
inality,*' fland aquitied at the bar of pub- 
lic opinion, and at the bar of their ow;i 
confciences. 




OHtittot'^ Closet 



A fact and a conjecture. 

Levi Lincoln, has refij^ned the office 
of Attorney-General ot the United States. 
This is the faft ; and the conjefture is, 
:hat Ambrose Spencer is to be his fuc- 
ceflTor. Mr. Spencer has very recently 
vifited Mr. Jefferson, and fince his re- 
'urn, fays many handf.^me things concern- 
ing him : No one theretore, can doubt that 
the objeft of his vifit i^accomplifhed. 

A QUESTION answered. 

The Centinel of Freedom^ an infignifi- 
cant print publifhed fomewhere " in the 
Jcrfcys*' (lomeiimcs ifTued on a kind of 
fluff made of the fcrapinp,si:>t flieep-fkin) 
n^s *• taken it into its head to be very in- 
qiiilitive,'* and has'interrogated me in fuch 
a way, that it has aClually given ras great 



alarm.'* Inferrrrition, No» 1. is couch- 



ed in the fo'Iowvi:;;; term? : — 



•* Did yort pnf prop?io;^ie the ta!e, th^t 



T'^fr-Mfon pair! C. 



ior (^f nominatintr 



VT'i^fiiington a-^'^i.v hrp^^-d incendiary ? 
And wa5 vou nor profccj-cd and couviB- 
ed nf a wrlFul and !m!i.:narit cal»:n>nv ?" 
** what Jay you, giii'ty or.not gxtitty ?'* 

Thefe queffions expofe the ignotance of 
the dunce who aflved them. A fimple nc- 
gative is perhaps ail they defcrve : But 
fince the writer of them, feerns to ftand 
much in nted of inturmanon, I will give ^ 
him a full and explicit anfwer. 7* 

I afferted in a public paper, of which I 
was the editor, that 

•* Jefferson paid Callender for call- 
ing Washington a traitor, a lobbcr, and 
a pcijurer ; for calling ADAMSa hoaiy head- 
ed incendiary; and for libelling almoil all 
the worth and virtue in the country.*' 

For this publication I was indiftcd ; ancj^^ 
the profecution was conduced by Mr. 
Attorney. General Spencer. On the trial, 
my counfel contended for the right of giv- 
ing the truth of the charge in evidence, 
which was oppofed by the Attorney-Gen- 
eral, and over-ruled by the Court. Ap- 
plication was made, by affidavit, for put- 
ling oflF tht? tri^l that witfiefTcs might be 
procured to prove the chuge. Judge 
Lewis, (now governor) relufed to put off 
on that account and declared, that if the 
witneffes were on the fpoS they would not 
be permitted to open their lips. In charg- 
ing the jury, the j ndj^e confined them fole- 
ly ^6 th.« ht\ o\ pjblilhing, of which they 
found me guilty, fSr it was not denied. 
So, Mr. Jackanapes, I was convified of 
^publifhing, not *' a wilful and malignant 
cafnmny ;** but an afTertion, which I of- 
fered to prove in a court of juflice. 

Are you anfwered ? II fo, you may an- 
fwer the followin(T queflion ; — 

If the ido' of democracy is as pure as 
his friends pretend be is why was I not 
permitted to attempt to prove the charges 
againft him ? 



The following lines.are applied, by the 
editor ot the F/.rmer's M'jli'um, to the 
pending trial t-l J'ldge Ch^fe, in the Sen- * 
dte, where Mr. Burr prcfirle? : — 

- • ** __ Voil'lst T>{or hold 

The judgement balance with ?.t> har^d ^.\'M red 
With bU.rd ?— Woul'lsr thou dare speak a pciiauce 
I Upon guilr, thyself so guilty V 



28 



ۤt 2?a!ante. 



Vol, IV. 



^aSonitcrial 



Xg aid the cause of virtue and religion* 



[The follow ingCFsay will be read, and muH be ad- 
mired ; but wt fear it is beyond the power of mor- 
alists to prevent the excessive use of ardent spi« 
Tits. — As ever} gill of imported liquor that is pour- 
ed do\Vii the ihroa: of a tippler, helps to increase 
the revenue and support the government, we fear 
the time is not distant (if it has not alrtad/ arri. 
ved) when those will be the best patriots wno 
djiiik the most nx.i. Edit. Eal.] 

FROM THE CONNECnCUr COURANT. 

lock not thou on the liquor when it /par. 
kUs^ ''when it give: hits celcurtn the 
cup, Aivhen it moveth itfelf aright : at 
the lajl-it biteth like ajerpent and Jling 
tih like an adder.*' Solomon. 



. T. 



HERE is no prevailing evil that 
in fuclw degiee debauches the morals, 
poifons the happinefs and threatens to de- 
ftroy the liberties of the people of this 
country, astheexceffive and increafingufe 
of ardent fpirits. The extreme danger to 
the public, as well as the ruin to indivi- 
duals and to their Umilies refuUing from 
this peftilent fource, we intend to make 
the fubjefl of frequent animadverfion. In 
vain have the fa^s o\ this tountry formed 
republican tniiituttons, in vain has the 
blood of its patriots and heroes been flied, 
and in vain may we boafl (indeed not long 
ran we boaft) ot civil freedom, if the fatal 
praflice of ufing ardent fpirits as a com- 
mon and daily beverage (hould continue 
and increafe. The duties on fpirits and 
on wines imported to this country, amount 
to more than ^^\ millions ot dollars a year 

a fum more thanfufficienttogive acon- 

flant fupport to good fchoolt for all the 
children of the country between the ages of 
7 and 14. You will ohferve that n^crely 
the DUTIES on liquors imported to the Uni- 
ted Srates amount yearly to the aforelaid 
fum exceeding fix millions of dollars; and 
how enormous then muft be the retail coft 
of itjefe liquors ? — A large proportion ol 
them, it is granted, is exported from henct 
to other countries ; but meanwhile vaft 
quanti'iesof vaiious kinds of ardent fpirits 
are diftillcd at home ; anti this kind ot 
manufaBure rapidU' i'xieafes ^very year, 

There were, accor.iirig to the returns 

for the year 1800, more than twenty thon. 
laindjlills in this coomry, and thcii num- 
ber fince has probably increafed to ten 
thoufand m^rc. Our land, exceeding in 
one refpctt, the goodly land of old that 
flowed with milk and honev, flows with 
all the neceflarics cf life, but moft abun- 
dantly with rum, gin» brandy and whii- 



key ; and the fe fl reams are eagerly abforb- 
ed by its infatuated and ever thiifty inhab- 
itanis, who •• fpcrrd their money for that 
which is not bread, and their labor for that 
which faiisfieth not." The fums which in 
this country are yearly lavifiied in the pur- 
phafe and unnecejjary ufeof ardent fpiriu, 
are of aflonifhing magnitude : they pro- 
bably exceed the taxes for the fuppoit of 
all our governments, addedioa fum fuflS- 
cient to fupport a decent fchool in every 
confiderabie village throughout the union. 
The immenfe wafte of property is, how- 
ever, the leaft part of the evil : and exceff- 
ive ufe of ardent fpirits becommg general, 
\^ an inlet to almoft every evil that can in- 
fell and debafe fociety. — It weakens and 
poifons the body, impairs the intelleft, 
curdles the temper and corrupts the whole 
mind; it makes churlifh as well as fi'ly 
hufbands, unnatural fathers, rebellious 
fons, idleand feditious citizens : it degrades 
man, in fome refpetts, below the beafls 
that perifb; but which never perifh in the 
ignominious manner that many human 
creatures do — by intoxication. 



.Sl^^ 



OF JUDGE CHASE. 

before the u. s. high oourt of im- 

peachm£nt. 

Mr. President, 



I 



APPEAR, in obedience to a fum- 

mons !rom this Honorable Court, to an- 
fwer articles of impeachment exhibited a- 
gainft me, by the Honorable the Houfe 
of R'^prefentatives ot the United States. 

To thefe articles, a copy of which was 
delivered to me with the fummons, I fay, 
that 1 have committed no crime or mifde- 
meanoi whatfoever, for which 1 am fub- 
jeft to impeachment according to the con- 
ftitutionof the United States. I deny, 
witha few exceptions, the dfls wjth which 
I am charged ; \ (hall contend that all afis 
admitted to have been done by me, were 
legal i and J deny, in every inftance, the 
improper intentions with which the afts 
charged, aie ailedged to have been done, 
and in which thetr fuppofed criminality 
altogether confifts. 

But in ^haiges of {o heinous a nature, 
urgtd by fo hiijh an authority, a fimple de- 
nial is not fu flic lent. It behoves me, for 
the legal jufbfic^tion of roycondu^, and 
for the vindication of mv chara61er, to j 
meet each charge with a full and particular 
anfwer; to explain and tefute at length, 
every principle uri?edagainfi me; to (tatc = 
the evidence by which I am to difprove 
every fatf relied on in fupport of the accu- 
frftion, and to detail all the faQs and argu- 
menis on which roy defence is to reft, ^ 



The neceffity of an anfwer embracing all 
the^ objefts, in cafes of impeachment i« 
obvious ; and the right to make it, is fe- 
eured by law and fanflioned by uniform 
prafiice. 

Such an anfwer it is my intention to 
make. — It is my purpofe to fubmit the 
whole ground of my defence to the view 
of this honourable court, of my country, 
of the world, and of ihofe who are to con* 
duft the profecuiion. So will my judgea 
come to the trial with that full knowledge 
of the whole matter in difpute, which is 
effential for enabling them to underfland 
and apply the teflimony and the argu- 
ments ; and the Honorable managers will 
be better prepared to refute fuch parts of* 
my defence, as they may think untenable, 

But in a cafe of tbis kind, where the 
accufation embraces fo great a variety of 
charges, of principles, and of fafls, it is 
maViilef^, that preparing fuch an anfwer, 
as I have a right to make and as my duty 
to myfelf, my family, my friends and roy 
country requires at my hands, a conGder* 
able time mull be neceflary* 

Many of the principles involved in this 
impeachment, are very important,^ not 
only tome, but to the liberties of every A- 
merican Citizen, and to the caufeof free 
government in general. TThefe principles 
oughi to be maturely confidered, and 
clearly explained. They prefent a wide 
0eld of legal invefligatipn ; many of ihcm 
require Ubonous and ejctenfjve rcfeareh, 
and although fome of them have accompa- 
nied the proftcution from its commence, 
ment, and have ihus been for a confidera- 
bie time fubj<6ledto my confideration ; 
fome on the other hand have been very 
recently introduced. 

Of this defcription is the principle 
whereon the 5 hand 6 h articles reft ; rel- 
ative to the exient in which the courts of 
the United States are to be governed, not 
onlv in their decijions, but in their pro^ 
ceedivgs by the Udte laws. A principle 
which was not brought'into view, until a 
few weeks ago, and the explanatirn of 
which will require a careful confideration, 
of the condu^ and proceedings of the fu. 
preme and circuit courts of the United 
States, from the fii ft eftablifhment of ouf 
federal fyftem. 

The fame articles involve the conftruc- 
tion of two ftdte laws of Virginia, which 
lam charged with having infringed in the 
trial of Cal fender, which were not tnention- 
fd on the trial, or during any of the intro- 
duttory proceedings, and of which I nev- 
er heard until thefe articles were reported 
a few weeks ago. Jt is mamfeft tliat in 
order to fix the true conftrnQion of thefe- 
laws, «bout which proff ffional men have 
differed in opinion, recourfe muff be had 
to ihf decifn'ns of the courts oA ih^t ftace. 
as explained by their records ; or in cafe 



No. 4. 



€&e 23»alanc^ 



29 



tbofe records (hould be filent, to the're- 
colleQion and opinion ol proteffional 
men, accuftomed to pre fide or atMnd in 
the courts where thofe laws are enlorced; 
—It is manifefl that fuch invefiigation cao- 
BOt be accooiphOied in a fhort time. 

T|^e iafts on which this profecution 
reds, except the lail article are alledged to 
have taken place more than four years ago ; 
r^me o\ ihem at -Philadelphia, fome at 
Wilmington, zniheftateo* Delaware, and 
foroe at Richmond, in Virginia. Thefc 
taBs are very numerous, and the greater 
part of them are of fuch a nature, as to de- 
pend for their criminality or innocence, 
on minute circumftances, or (light fhades 
of tcftimony, and often dn the different 
manner in which the fame circumftances 
may affe£i different fpedators, al) equally, 
difpofed to reprcfent truly what they ob- 
served. The nn>ft material fafts are al- 
ledged to have happened in Richmond and 
Philadelphia. In the former of thefe pla- 
ces I am an utter ftranger, having never 
been there but once ; and in the latter, I 
know perfonally but very few individuals. 
Thefe circumftances render it very diffi- 
pult for me, to afcertain the perlons wha 
witneffed the various tranfa£lions in quef- 
tioo, and are able, after thrs lapfe of time, 
to give accurate teftimony concerning 
fbem ; and this difficulty is very much en- 
creafed, by the diftance oi thofe. places 
from that of my refidence. I affj^re this 
Honorable Court, that from the ipoment 
when this piofecution affumed a ferious 
appearance and a definitive^ form, at the 
laft Teffion of congrefs, 1 have turned my 
attention to the fubjeft of my defence, 
and my anfwer, and have exerted myfelf 
ID finding out and procuring the requif|te 
teftimony ; but the difficulties which I 
have ilited, added to my ill ftate of iiealth 
during a great part of the laft year, have 
prevented me from making fuch pmgrefs, 
^a to afford me th^ hope of being able to 
obtain the obje£^ in a very fhort time, I 
have done much, but much, very much 
remains ta^e done, even in thofe parts of 
the profecution where I had fome notice 
by the pro^'cdfngs of Uft feffion. In 
thofe very material parts which have ori- 

S'nated during the prefent leffion, every 
ing is ftill to be-done. 

It ttiAy perhaps be thought, that alchb' 
thefe preparations might he .neceff**ry for 
t^^e trial, 'they are not (o for the anfwer. 
But fuch an opinion I truft, would on ex- 
amination be found erroneous. 

I'he anfwer, in cafes of impeachment, 
muft di(clofe the whole defence, and tht 
defence muft be confined to the matters 
StHcd in the anfwer. Uiherwilethe prof 
ccutors might be furprifcd at the trial, bv 
objedions which wiib previous notice, i 
would be in their power to reluie or ex 
pbin. The accuied therefore* before .he 



puts mhis anfwer, ought to have time fuf- 
ficient for making himfelf thoroughly maf- 
ter of his defence, of thr grounds on which 
it refts, and of the fafts and evidence ^y 
which it IS to be fupported. He pught to 
be completely prepared for the- trial ; be- 
tween which an^ipe anfwer no delay need 
to take place, WRept fuch as may be ne- 
ceffary for convening the witncffcs. 

In fo material a paitiof his preparation 
for defence, as the drawing up of his an- 
fwer, it will not, I prefume, be denied 
that he ought to have an opportunity fp\ 
obtaining the heft projefftonai affiQance, 
which it may be in his power to procure. 
This aflTftance is rendered peculiarly ne 
ceflary to me, by the very precarious ftate 
of my health ; which affords me, at this 
feafop of the year efpecially, but ftiort and 
uncertain intervals, of fitnefs forTn^nlal 
or .bodily exertion. Should my anfwer be 
requnred in a fhort time, I have no reafoit 
to luppofe, that I (hall be able to obtain 
fuch afllftance of this kind as I fo much 
need, and as probably, I (hall x)therwife 
have in my ^^^ver. Profeffional gentle- 
men, engageciextenfively in bufmefs, are 
at all times too liable to interruption, and 
too much occupied to devote ihemfelve? 
exclufively to ah affair of this nature, fo 
as to complete it within a (hort period ; 
and at this (e^fon of the year, they are foi 
the moft part particularly and indifpenfa- 
bly engaged. 

Thefe realons in favor of a liberal allow- 
ance of time for preparing the anfwer, de- 
rive great additional force from one fur- 
ther confideration, which I hope that I 
may without impropriety preferir to the 
view of this honorable Court. Reputa- 
tion ought to be more dear to every man, 
andismoredearto me than the honors orthe 
emoluments of office. |ncafesof impeach- 
ment, the fafts which appear, the explan- 
ations which are given, and the arguments 
which are urged, at the trial, are fometimes 
wholly omitted in the ftateraents given to 
the public, and often mifreprefented, or 
ftated too indiftinftly to be generally un- 
derftood. It is to the anfwer that the world 
muft look, for the juft jficaiion of the ac- 
cufed. It is by his anfwer alone, that he 
can furnifb a clear, concife, and authentic 
explanation of his conduft and his motives, 
fupported by fuch a ftatement ol his proofs, 
as can be extenfivcly read, clearly under- 
ftood, and eafily remembered. He ma) 
therefore claim from juftiee, and expc6t 
from the high dignitv and refponfible 
charafter ofUhis honorable tribunal, fuch 
time -for preparing this very important 
document, as may enable him to beftow 
on it ail the care and labor which it re- 
quires, and to give it all the force ol 
which it may be fufceptible. 

In ftating thefe confiderations, Mr., 
Prefidenty in fupport of my requeft for a 



continuance of this cafe, I difclaim all in- 
tention of affefted delav. Feeling a con- 
fcioufnefs of my integrity, and a juft pride 
of charafter, which place me far above the 
fear of events, I am anxious to meet this 
ac.cuiation, and I rf'joice in an opportuni- 
ty of refuting if. I know that my conduft, 
though liable to a full portion of "human 
i error, has at all times been free from in- 
' tentional impropriety. I know tha. in all 
, the inftances lelefted as the grounds of ac- 
cufation, I have difcharged my official du- 
ties, with a facred and inviolate regard to 
I my oath, my charafter, the laws of my 
country, and the rights of my fclfow-citi- 
zens. I know that I can prove my inno- 
cence as to all the matters alled^jed againft 
me. Af^^ acrimonious as are the terms in 
which many of the accufations are con- 
ceived ; harfh and opprobrious as are the 
epithets wheiewith it has been thought 
p'roper to aTfail my name and charafter, 
by thofe who were *' puling in their nurfe's 
arms,*' whiift I was contributing my ut- 
moft aid to lay the ground work of Amer- 
ican liberty ; I yet thank my accufers^ 
whofe functions as members of the gov- 
ernment of my country, I highly refpeft, 
for having at length put their charges into 
a definitive form, fufceptible of refutation; 
and for having thereby afforded me an op- 
portunity of vindicating my innocence, in 
the face of this honorable court, o! my 
country and of the world. 

But this vindication, fituated as I am, 
and as this cafe is, cannot be the wot k of a 
few weeks. Much time has been employ- 
ed in preparing the accufation ; lefs will 
be required for the defence; but a fhort 
time will not fuflBce. I am far from pre- 
foming to prefcribeto this honorable court, 
whofe fenfeof juftiee, and difpofition to 
grant every proper indulgence, J cannot 
doubt ; but ii may perhaps, be not impro* 
per to fuggeft that by the firft day of next 
feffion the anfwer could be prepared and 
put in; and that the trial might then take 
place as foon afierwards as the witneffes 
could becolkfted. I declare that it will 
be impoffible for me to prepare my anfwer 
in fuch time as to commence the trial dur- 
ing this fedion wiih any profpeftof bring, 
ing it toa clofe before the feffion muft end ; 
and were I to omit that full anfwer which 
I wifh to give, it would be impoflible for 
me, in the courfe of this ftlTion, (mly two 
months of which now remain) to afcertaia 
fully all the fafts neccffjry for my defence, 
to find out and briij;r to this place, the 
witneffes and written leilirnony, or to 
make arrangements relative to that afllft. 
ance of counfel which my cafe requires, 
my age and infirmities render effeniial, 
and a longer lime would enable me to pro* 
cure. n 

I hope, Mr. Prcfident, I may be per- 
miued to obferve, tiiat my private an4 



30 



€i)t 25alance, 



-^.^nnsTxriV---::! t-£:. ■>z:r a. r ^ -jr«rt_^ r«r.c 



projf'JJi mal rcpntsfioji fjr probity and 
hon<>r has never bctn cjMcd in queftion. 
1 have iaHuinel a hij^h judicial ch«4ra£lfr 
for above (ixUv'ii Vv-ars, anti during the 
fi.fl fix, I picfided a: i!?e u'u\ ol more 
nimlnali i^Kui aiiy othpr j'J^l^c wiiltin ihf 
United States. Dijririg this whoic period 
of tiniCTny oJ[icml conduct has ncvcr been 
arraigned, ex^cept only in the trials of 
C )opcr, Friei? and Cj] lender, above four 
years ago. For the truth of thcfe a/Ter- 
lions I appeal to all who know me ; and 
particniariy to the two honorable fenators 
from Maryland. 

In rcfpc6l totbe prcfent profecutionj 
will make but one remaik. Tliat I am im- 
peached for giving On the trial of Callen- 
A^T^ feverar'^judicial opinions, in which 
judge Grifliii my affjciate, concurred; my 
opinions arc held to be criminal, or that 
they flj'jved Irom partiality, and an inten- 
ti.fn to opprcfs Callender ; but the fame o- 
pinions given by my affociaie have been 
confidered perfeBly innocent. 

1 have now only to folicitthis honorable 
court to allow me until thefirft day of next 
fcffion to put in my anfwet*, and to pre- 
pare for my trial ; and I fubmit myfelf as 
to ihe further proceedings in this cafe, to 
the difcretion oi this honorable court, in 
whofe integrity, impartiality and inde- 
pendence 1 repofe the higheft confidence. 
I will not for a moment believe that the ! 
fpirit of party can cvfr.enicr and pollute j 
thefe walls, or that popular Drejnihce-^r ' 
political motives will bcharboicd in the! 
bofrrn of any member in,ihjs honorable ' 
body. j 

On tl'c contrary, I hope and expeft that : 
a]l its decifions u ill be {governed by tlie im- t 
mutable principles oJjullice, and a f^icred ^ 
regard to tl.e c^pfti'uiion and the laws. of 
the 'and, v;hic^i every n- ember of this court 
15 bound ft>' dutv, ai;d tie obligations of 
a chrifti^n j'H'^e to fupport an<l obferve. 
Afer the jii'^c^c liari'corsdudedhis speech he was or- 
dered to reduce hismotit.n to writing, jls follows: 



infi 



Fible court to allow 
mc unTil the fiiU'day of next (VlFion, to put 
in my arifwer, and to prepare lor ray trial. 

In fupport of the above motion, the 
fallowing afifiJavit was pref.nted lo the 
fenate : 

City cf'irajhingiorj.jr. 

Samuel Chafe made oath on the ho y 
evangels ol Almighty Gud, that it is not | 
in his power .to oltain infornjation re- i 
fpefting the fafls, aUedged in the articles : 
of impeachment to have taken p'ace, in the 
chy ©I^Philadelphia, in the tri^l of John 
Fries ; or of the f^fts alledgcd to have 
taken p^ace, in the ciiv of Richmond, in 
the trial of JunesT. Callender, in t-n eto 
preparPand put inhisanfwer, and to pro- 
ceed to trial, with any probability that the 
fame ceuld be fioifbed on or before the | 



1 fifth day of March next. And further, 
that it is noL in his power to procure infor- 
mation of the names of the wiineffes, 
whom he thinks it may be proper and ne- 
cWary for iiim to fummon, in time to ob- 
tain their aitenciance^ if his anfwer could 
, f)e prepared in time fuflkjent for the fin- 
\ ifhing of the faid trial,*i^iore the faid 
I fifth day of M-irch next ; and the faid 
Samuel Chafe fuiiher n»ade oath, that he 
j believes it will not be in his po.¥er to ob- 
i tain the advice of counfel, to prepare his 
j ai|pver, and to give him their adiftance 
on the trial, which he thinks neceffary, if 
; the laid trial fhouid take place during the 
prefent fefTion of Congrcfs ; and*ihat he 
verily beliwcs, if he had at this time, \M 
information of faffs, and of the witnefl'ejf 
proper for him to fummon, arid if he ha 
alff^t^eafTiftance of counfel, ihathecouid 
not prepare the afifwer, he thinks heon/lit 
: to put in, and be ready for his trial, with- 
in the fpacc of four or five weeks from this 
ume. And fuitner, that hi> application 
to the honorable the fenate, foi time toob 
tain information of fa^ls, in Qfder to pre- 
pare his anfwer. and for tiqjC to procjire 
the attendance of necefLiry witnefles, an: 
to prepare for his defence in t)ie tri^l, 
and to obtain the advice an>l afiiltirce of 
counfel, is not made for the p-jrpofe oi 
delay, but only for the purpoTe of ohioir*- 
ing a fjill heaiingr oi the articles tA im- 
peachment agaaul himj in their real meriis. 

SAMUEL CHASE- 
Sworn to this 3-! d«*v (^f J -ri.. 1805, htfcre 
SAMUEL HAMILTON. 

After the rt^ading tie above affidavit, 
the fenate made the f'^Ho^vwing order : 
In ihe Striate of ihe United States, 
H'gh court of Impcachmepr, 

Janijiiry 3 ', 1805. 
Ordered, That the fourth d^y of Feb- 
ruary next, (hnll be the day for receiving 
the anfwer. and proceeding on tlu^tiial of 
thcirapeachmeni ag-iinft Simuel Chaie. 
A true cop?, 

A'tpft, 
SAMUEL A. OTIS, Secretary 



PENNSYLVANIA IMPEACHMENTS. 

[The business of irr. peach rncnt, goes on twimming- 
ly in Pennsylvania, as will be be«n, by the follow- 
ing ariicle : — '\ 

FROM THE PHILADELPHIA GAZETTE. 

On Mondviy laft, the Senate of this 
S<atc, ha^ing formed iifelf into a High 
Court cd ImpeJichment, Chief Jnftice 
Sliippen, and afTociates Yeats and Smith 
appeared, acconrpanicd by their counfel, 
Mr. A. J. Dallas and Jared IngerfQll, 
£$q. The articles oi accufati^n being 



For 1805. 



eat^, they put in the fallowing plea and 
i nLver : 

** The^nfwers of Edward Shippen, J .f- 
• per Ycatcs, and Thomas Smith, to the 

articles of impeachment, exhibited a-, 

gainfl them by the^Houfe of Repreftfn-, 

tativcsof tbcCommonwcaithol Pennfyl- 

vania : 

The faid Edward Shippen, Jafper 
Yeates, and Thomas Smith, fciting to, 
rhemfelves, refpeflively, all exceptions, 
whatfceverj to the faid articles, and the 
charges therein contained, fevcrally an- 
Iwer and f«y. 

That,- they are not jointly or fcverally, 
cuihyof all, or any, of the matters in the 
(aid -ii tides co.Udintc^ in manner and form, 
as th^y ai;e thercm charged a;?ainft t^hem. 

And, incy, further, cc^rfidently aver, 
hat, all anvl fingui.'r the things, which 
i^cv have judicially doiK% in the piemiles, 
wcie warranted and juihfjed, hy the con-* 
(Htution and known Idvys of the common- 
wealth ; and, were free from all feelings 
and dcfi^ns of favour, prejudice, cruelty, 
or oppreilion. 

EDWARD SHIPPEN, 

(Sfgned) JASPER YEATES, 
THOMAS SMITH. 

(Signc^^) 

Jared Lngeusoll,"! Counfel for 
A. J. Dallas, j refpondenis. 

Mr. Boilean, Chairman of the.M^na- 
;ers, then rofe — ** Mr. Prefident, thcMan- 
rigeis confider it to fet^eir du'y, to con- 
ult the Houfe of Re refentatives, upon 
Wie Ycplication to he given to this plea : 
they, therefore, deira id of the' court,, a 
delay until the ufual t mp of meeting,^ to- 
mc^rrow morning, to prepare the fame." 

The' Prefident faid the time is granted. 

Mr. Kean, of the Senate, then moved, 
that the Court adjourn tjhalf pad eleven 
on Tuefday morning ; and the (;ourt was 
accordirgiy adjourned at 120'clock. 

Ceafar A. Rodnev appeared as Counfel 
for the Commonwealth. 




Be It o\xr weekly task, 
To note the passing tidings of the times. 

>>>>>^0#<<<<<< 

^)Ub^0n, January 22. 

The New- York prints flate the arrival 
at that city of capt. Hamilton, from Na- 
ples, and that he has brought difpaiches to 
government from commodore Preble. We 
iearn^ on enquiry, that the Secretary of 
the Navy has received a letter from the Na- 
vy Agent at Naples, dated Oflober the 



No. 4- 



Cfie 25a(ancf. 



51 



'wiHSf 



30th, which, however; furnilhes no m- 
tormation in addition to that previoufly re 
ccivedand puhliflied. 

Other accounts give fome circamftances 
not unworthy i\i notice.^ The letter from 
rommo'iore Barron, o\ the 28th Septem- 
ber, alluded to in our lad, further Ititps, 
"that he was preparinj^ to atuck Tripoli 
(without the gun and mortar boats) with 
ihc Jrifjates the Prefident, the Conllitu- 
Mon, the Ciingrcf^, and the C>nftellation 
' — and that this attack would be made as 
foon as they had completed the repairs of 
ihe few injuries received by the Canftitu- 
lion in the a£kion of the ift September. 

It apoears alfo, that commodor*? Preble 
and Mr. O'Brien, under the impreflion 
that the gun boats and mortar boars could 
not longer, with any profpcft of hiccefs, 
keep the fea, direfted thern on the 7ih of 
jScptemher, iw.) days pievions to the arri- 
val of C )Timodore Barron off Tripoli, to 
repair to S\ racufe, on which day they ac- 
cordingly lelt the licet 

A letter Irom an officer on board the 
Prefiicnt, dated Sv'racufc harbour, Sept. 
ftSth.^ ftates the following fa^ls, which are 
loo imerefting, tooiiUiftrative of ihe higl) 
hcroifm of our feam^fi, and too honorable 
^o the memory of the deceafed, to be with- 
held from the public. 

•• I wrote you from Gibraltar the i^h 
Auguft and from Malta the 6ih uU. fince 
which we have been off Tripoli and arriv- 
ed here two days fince. Two days previ- 
ous to our arriving off Tripoli a bpat was 
filled wlth*ioo barrels of powder darted 
in loofc, and 300 fhells ; the command 
was given to our fiiend Somers, who fend 
with him lieutenants Wadfworthand Ifrael, 
with about ten men, his orders were to get 
in as nigh the town and batteries as poflible 
and put fire to the trains, he had with him 
a fmall boat to effcft his efcape from the 
harbor off which was capt Stewart in the 
Syren waiting for him. When we arrived 
off Tripoli we were informed that he got 
well in and fet fire to the trains, but by 
/ome ace dent it was fuppofed the train 
commauicitcd to the diy powder before 
thev got off a fufficient diftance from the 
veffel. Bit an arrival here laft night of a 
fmall veffe? from Malta, the capt. of whom 
was at Tripoli at the time of the explofion, 
informs that S;;mers had got well in, 
when twot;un boats full of men were fent 
to board him which they effefled, i®o 
Tripolitans being on board of his boat, he 
i.)und he muft either iall into their hands 
or blow himlelf up ; he cbofe the latter, 
and with bis own hands put th^ match t^) 
ihc powder which inftantly dafhcd to pie- 
ces the boats, and every perfon in them. 
About 100 ChclU fell into the town and caf- 
tle, at this milant there was the greateft 
f^onlUrnaiioD every where and with 200 



men I believe the cattle might have been ta- 
ken." 

Among the brave fellows, who thus end- 
i ed their days, and laid a well founded 
claim to glory, were Captain Soraers, of 
Jerfey, Lieutenant Wadfworth, M>.ffa- 
j chufetts, midfhinflaau Ifrael, of Miryland 
I -7-whofe riamei^ave been tlated before, 
j but which are now oriven with greater pre- 
I cifion tu prevent miilakes. 

The veffcl blo^vn up was^ lugger, of 
but little value, taken from the enemy. 

* INalionul InteL']mf 

ExtraS of a letter from IVaJhingtorif dated 
January ytli, 1805 
•* *• Advices from the Mc<.i(erranean, a- 
} bout 20 days later than O'Brien's letter, 

inform us, ih?t our fleet is ii.Syracufc, ex- 
I cept a frigate off Tripoli, and no further 
i aSive operations will be attempted until 
' April, N >thing is faid of our prifcners, 

except that tliey continue in health." 

FROM WASHINGTON. 

** January J, i%ot^, 

" Further accounts have been received 
from O'ir Iquadron before Tripoli. The 
fire-fhip which, we fuppofed, had taken 
fire accidentally, was blown up intention- 
ally by the crew. I'wo Tiipolitan 
gun-boats were fo near as to endanger tht- 
captu of the fire (iiip5, and rather than 
he triken and defeated in Jheir defign, tht 
crew heroically blew up the fhip, and blew 
them (elves and ih6 Tripoliian gun- boats in- 
to atoms. 

*• This afi and the bombardment of the 
town ot Tripoli by our fquadron, foterri- 
fied and difmayed the barbarians, that they 
abandoned the town and. fled into the coun- 
try ; and, had only two hundred men land- 
ed, the town and the bafhaws caflle might 
have been lacked and reduced to afhes 
The protjpeft ot obtaining our own terms 
grows daily more flattering, and in a (hort 
time we may expedl to hear a fecure and 
honorale treaty has been made, by means 
of our cannon, and the heroilm of our 
countrymen." 

Our former accounts from our fquad- 
ron in the Mediterranean, mufl have exci- 
ed the regret and commanded the praife of 
the public generallv, for the officers and 
feamen who perifhed before Tripoli ; but 
with the admiration of the exploit, men- 
tioned in the foregoing letter, it is perhaps 
improper to mingle forrow, left it detratt 
from the grcatnefs of the afclion. It u in 
a general fenfe, happy for ih^ country^thaj 
the valour of our countrymt^n fhone fo con- 
fpicuouflv, and that they embraced fo glori- 
ous a death \ as an example to their fupcef- 
foi s as an evidence of the fpint of Ame/icans, 
the event was fortunate — fuch a£ls of de- 
votion and courage have b^^n performed 
by men trained from iheir childt^ood m the 



MA of warfare and ir.urc d to dar^( r, but 
il«eir fK'rfoimance l>y niCii for the fijll tirce 
engaged in hofiiiities is a circunriflarice pe« 
culiarly honuratlc ; and. ajihoof^h Infroiy 
records many i.ich cccnrrtnctj;, v.cveri- 
ture to fay, under all the ciicun.fl^r tc , 
the a£iion, perforfned by tie offiffs 
#id feamen who weie on board tlie fi:c 
fnip was never excelled. \_Jurcra,'\ 

On the iglhult. in the hv)ufc <d repre* 
fentayves ot the ftate of Oiiio. leave was 
given to bring in a bill frr chcinliitig tit 
names of the counties of Hamil^ion, Ad- 
ams, and Ross I 

It is with pleaf'.ire we have to announce 
to the public, th. t the Infurance Com- 
panies in this city have come to the con- 
clufion jointly to fit out tliC bi:ig Ann- 
Maria, captain C )fhn, witfvnicn, provi- 
fions and other nectlfaries, to cruile ofF 
the CQaff, for the purpofeol aiding our mer- 
chantmen into pi. rt, and to fiiccour the 
diftreffed wlicncver they may be found. 
She may probaUJy, remain out for 30 or 
40 days, and will fail this ^^y. So hu- 
nr^ne an undertaking deferves the mod 
liberal fupport of all who can feel for the 
wretch/ed fii nation that many\of our fellow- 
beings mull be in, from the continued in- 
clement weather we have experienced 

{^tAer.Adv^l 



Clie iiinril 




In this city, Elizabeth Bunker, the lecond 
child and first female bom after the seitlement of 
Hudson, aged 20 yearo ar.d7 niomhs. 



To clear up all miffakes, we » rg leave to 
infprm t!ie ^ditor of the Repertory liiat 
the paragraph refpeOir.g the poiincal ''pup- 
pet flews'' at Wafhinj^ion, vfz^ n'^vercop- 
ied into the Balance; but a paragraph 
with the fame he^d, rel^»ing to another 
affair, appeared cri^^naHy in this paper. 
It is our invaiiablc rule to give credit for 
(eiedions* 

The pottrjr of «* C." will be attended to. 



32 



€6e ^aimtt. 



Vol. IV. 









EXTRACT. 
GUN BOATS. 

[In the following exrrac^s from the New- Year's 
Addre'^^s of the Boston Palladium (written, if we 
are not much mi taken, by T. G. Fesskndew, 
the ingenious author of *« Terrible Tractnration," 
&c. > a whole broadpide nf wit and ridicule is dis- 
charged at our Jeffersonian Navy. Edit. Bal.] 

^UT have not our Administration 
Done certain wonder* f .r the nation ? 
O ves, they've built us more than one boat, 
In inod<;rn jargon call'^ a Gun boat / 
Yes. they have built us, let me see, 
Enough to make out nearfy thrxb. 
But one of those, O, what a rare ^, 
March d^to a comfidd for a scare crow ! 
Which shew'd Miss Gun-boat's calculation, 
And that she Jtnev* J!)er proper station / 
O did ber masters but know ihctr^Jt, 
Lord how 'twocrfd Iwighteo our affairs ! 

' " Our Gun- boats ! Theme^'of admiration. 
To every seaman in the natijn. 
The very css£uce, in realiry. 
Of vast /MhsnpbntiCaUt/ / 
One round half dozen, I've a notion. 
Would carry terror through the ocean, 
And ei^bt or ten. In my opinion, . 
Would give us Kcpiune s v:bo:e dominhn / 

«* SliouLl Britain come, with all her shipping. 
Good L 3rd we'd give her such a whipping, 
She'd vvijithc navy of her icland, 
llai been jusK nineteen leagues on dry land, 
Before she'd impudence to enter 
On such a peiilous adventure. 
For No. One will sink her navy. 
In half a second, to old Davy ; 
Then, as we wiih her nothing but ill 
Her petty paliry W.e, we'll scur-^le; 
And, as 'tis time th* Okl Nick hadgot'em, 
Send tbe vibo'e nation to tie bottom /'* 



«• I^nrd, only think what might be done 
With this said Gun boat Mo. One \ 
From Wasiii- gton she sails, in migh% 
With head and tail •« cboci full of aght." 
Aba^h'd Potomac hides his head, 
Neptune hr.lf petrili'd with dread. 
And awe and adir.iratiun rapt in, 
Kesigns his* chariot to the Captain, 
« Great Captain Buckskin, please to ride in't, 
•« 7trrtfic Sir, and here's my trident, 
J« You cut ft dash so big and might/ 



" YouVe sadly frighten'd Amphitrite! 

" My sea nymphs sure have losr their wits, 

*f Tliere's Thetis in hysteric fits ! 

«• Take my dominions every foot, " 

" O Lord! O Lord! but pray dont^boQtP* 

" Now gallant No. One by chance, 
Meets England's fleet combined' with France, 
Is soon prepar*d at both ber ends. 
Stand clear all rogues, except ourJriexuU, 
Now comes the fleet in line of battle, 
Tha heaven's febcllowmg cannons* rattle. 
Each smoke envcllop'd g^ud first rater, 
Seems like the mouth of iEtna's crater- 
Pop ! goes our gun, like Pluto's mortar ? 
Splash ! — there they are — all wader Hoatet / .'.' 
Not quicker, struck by Jove's own thunder. 
Did earth-bom Titans erst knocK under. 
Than these when hit by their superiors. 
From Gun boat No. One's posteriours." 



VESUVIUS AND iETNA. 

THE earthquakes (favs a Paris paper) 
continue almoft daily at Spoletio, which is 
nearly deferted by its inhabitants. The 
lava of Vefuvius conftantly oveifl.>w« and 
alarms the neighboring country. Moft of 
ihe towns and villages in hs vicinity are 
abandoned, the people having carried wiih 
them ij.eir moft vaJuabledftas, concluding 
from feveral circumflances, that Come rew 
and terrible explofion \% not diflant. w 

Letters from Sicily ftate, that on the 
loth Augull Mount ^^Ltna ceafed, for 24 
hour?, even to emit fmoke, but this calm 
was lucceeded on the 12th, early in the 
morning, with a lerrible exploiTion, and a 
noife as if millions of cannons had been 
fired at once. When thelsfft letters of tbe 
i8tb left that ifland, a (howcr of fire con. 
; nued ftill for three, leagues round yEtna, 
from the burning materials thrown up by 
this mountain. No earthquakes had been 
experienced, but a fubterraneous found, 
like thunder, was heard all over Sicily, 
particularly at and near MefTina. 

{^Morning CAron.^ 

The following humorous and pathetic 
petition to the Icgiflature of Maryland, 
was prefented on the 20th ult. j 

To the Honorable, the General AJfembly of 
Maryland, now anchored in ike City of 
Annapolis. \ 

I 

THE humble petition of poor Jack 
Clarke, of the city of Baltimore, fheweih 
to your honors, that your unfortunate pe- 
titioner ,^while ploughing the dominions of 1 
old Neptune, having carried rather taught ' 



fail in fq-ully weather, the gales of misfor. 
tunes blowing hard, he over ran his reck- 
'^nif'^, the watch on deck keeping a bad 

00k out he ffranded on the fhoals ol pov. 
'*ttv, loon after overhauled^and made prtf. 

>nfr bv the commander of ptefs gang, 
V ailed the Sheriff ol Baltimore, and now 

le? lucked under hatchr^ in limbo, to the 
threat gnef of his darlir^g Poll, and fweet 
liffle crew, who fwice !iis imprifonment 
n^ve been on fhort allowance — Therefore, 
vour petitioner prays your honors will or- 
ler I he hatches to be unbarred by an Aft 
)f Inflvency, that his fa fls maybe cut, 
^e ^t^ain puc to fea, on a cruife, in hopeg 
that fortune mar prove kind, in the diftri. 
i| botion of ner prize monev, and poor Jack 
once more enabled to cheer the heart of his 
ciarling Poll and her fweet l.itle babes. 
And yout peticner will ever pray, &c. 

TTie Crows look with great eagernefs to 
the proof ^A the French Emperor's will, 
that his troops (hall invade Great. Britain, 
as they expea to be appointed Extcutors, 
and come in for the refl and refidut. 

The crime of fuicide \% fo frequent in 
Paris, that a Pamphlet has been lately pub- 
iiflied in thst city, entitled, '• Every Man 
his oztfn Hangman.*' 



TERMS OF THE BALANCE, 

FOR 1805. 

To City Subscribers, Two Dollars aftd Fi/lf 
Cents, payable quarterly. 

To those who receive them by mail, Two Dol- 
lars, payable in advance. 

To those who take their papers at the ofHce, in 
bundles, or otherwise, a deduction from the city 
price will be made. 

A hatidsome Title Page and Table of Conte^ti 
wUl accompany tbe last number of the volume. 

Advertisements inserted in a handsome and con- 
spicuous manner, in the Advertiser which accompa- 
nies the Balance. 

NOTE. 
The first second and third Volumes of the Balance 
may be had on the following terms •— 

First Volume — unbound--' . g 2 

Second Volume, - . . R 2, iO 

^bird Volume, - .. . g 2, 50 

'J be •ibree together, - • , 05^ 

If bound, the price of binding (cither plain or el*' 
egant) will be added.— An unbound volume m«y be 
sent to any post-office in the stats for 52 cents post- 
age ; or to any post-office in the union for TS cents 



PI7BLISHED BY 

HARRY CROSWELL, 

Warren-Street, Hudson. 

WHBRB PRTTSTINC IN GBNBRAl. IS EXBOVTEP 
WIIH NBATMESS A2IO ACCURACY. 



n<y.s. 




COLUMBIAN 




Vol. IV. 



REPOSITORY, 



Bsam 



•• HAIL SACRED POLITY, BY FREEDOM RBAR'd I 

♦« HAIL SACRED FREEDOM* WHEN BY LAW RESTRAIN'd !** 

BB.ATTIB. 



HUDSON. (New- York) TUESDAY, January 29, 1805. 



oBtrttarial. 



DUELLING LAW. 

m HE latetrialt b New- York un- 
der this law, has called Dp the important 
queftion of its conflitutionality. After 
long aiKl able difcuffion, it appears, the 
court and jur)r have added their fanfiion to 
tha of the legiflature ahd council of revif. 
iot\. It may be deemed prefamptuous in 
us, to fet up an opinion in oppofltioo to 
the high authorities ^y which the law has 
been approved ; Sill we muft fay, the law 
appears to us to be unconftitutional. We 
do not feel competent, nor are we inclined 
to enter into any argument on the fubjefl ; 
but wc will ftate briefly the reafons for our 
belief. Let it be undetriood, that we do 
not intend to queflion the expediency or 
juftzce of pafTiog fevere laws af^ainft duel- 
linjr ; hot we contend that disfranchife- 
mcnt ought not to be the punifhment. The 
conflitution of this (late, declares, '^ That 
'* no member of this ftate (hall be disfran^ 
•* chifed, or deprived of any of the rights 
•• or privileges fccurcd to the fubjefts of 
•* ihis ftrite, by the conftitution, unlels by 
*♦ the law of the land, or the judgment of 
♦• his peers." It cannot ferioufly be fup. 
pofed that the framers of the conftitution 
intended, by this article, to give to the le- 
giditure the power of palTing laws to de- 
prive any member of the ftate of the -elec- 
tive f ranchife. They muft only have, had 
reference to the laws then exifting. Un- 
der the common law, which, was declared 
by the fame conflii ution, to be the law ofihc 
land, certain cri mes are pu^iftied by d isf ran- 
chiiement. Men committing tbefe crimesi 



may be conftitutionally disfranchifed : But 
if the legiflature has power, at any time, 
to pals laws recognizing new crimes, and 
to punifli them by disfranchifement, at 
what point is' this power to flop ? To teft 
the correflnefs of a principle, we fliould 
carry it to its t^^noft extreme. Let os 
fuppofe then, tliat the legiflature, pofl*«?fl'. 
ing the power contended for by the advo- 
cates of the duelling law, fliould pafs a law, 
making it a crime for a citizen to read a 
federal Jiewfpaper, and pnnifliing fuch 
crime by disfranchifement, would any man 
in his fober fenfes, contend lor the confti* 
tutionality of fuch a law ? 

SOUND PRINCIPLES. 

A quarto paper, entitled ♦• The Post- 
BoY,*' founded on the eftabliftiment of the 
Windfor (Ver.) Gazette^ commenced on 
the ift inft^. wiih the following Political 
Crctd : — 

•' Nor would we be underftood as not bt' 
longing to any parly : fuch a temporifing 
ambiguous condu£>, would ill accord with 
the feverity of Troth ; which fcorns to 
parley with the afftftions and charities of 
human nature. The boneft, the mode- 
rate, and patriotic, who alike abhor the 
Tyranny of the Jew or the many ; who 
are the friends of order ; have a pcjitive 
interejl in the foil ; and can derive no ad- 
vantage from difcord and confufion in the 
ftate — thefe form a Party to which we 
are proud to belong, and to whofe interefts 
we fliall devote the columns of the Post- 
BoY. And to prevent both the factious 
Democrat and the proud Monarchift claim, 
ing any affinity to this party; wc fliall 



briefly lay before our readerb the Pkikci- 
PLES which we fliall keep fteadily in view 
in the future conduft of this paper. 

** I. We BELIEVE that whatever is mor» 
ally wrongs cannot be politically right: 
bccaufe right being a moral principle, can* 
not according to the immutable nature of 
truth, ever vary from its original: we 
tlierefore difclarm thofe political maxim?, 
which inculcate the propriety of obtaining 
a deCred end, by unfairor corrupt means. 

** II. We believe tlwta R&publican is 
better than a Democratic fyftem of gov- 
ernment : becaufe that, confulis the hap- 
pinefsof,THE whole people; while this, 
only feeks to gratify the pride, arrogance 
and licentioufnefs, and footh the prejudi« 
ces and felfifli policy of a/^ar/ compre- 
l>ending thofe who are th€ leajl cf Any\n-> 
tereftcd in the fupport and perpetuation of 
an wholeforac plan of government. 

•' The Republican ^y9itm is equally re. 
mote from the flckly langour of Defpotifm 
and the tumultuous ongovernable fury of 
Democracy : the latter like the ocean in a 
ftorm, fwallowsup in its proud waves and 
unhallowed caverns, every thing eflentiai 
to human good ; and then fubfides- into 
the calm of t^ie former, in which nothing 
remains (not even life iifcH) worth prc- 
ferving. 

«• III. We believe thaCalthough in a po\ 
litical point of view ^ men arc born equal, 
and continue through life entitled io equal 
rights^ many individuals acquire privi^ 
ledges^ fell evidently not common to all : 
—Virtue, talents and learning will m fpife 
of theories flattering to ignorance, in eve- 
ry civilized State confer dijlinilion ; and 
Property will in every well regulated com^ 
munity be one of the ruling principles of 



34 




S^alance* 



For 1805. 



Teprefentition, and confequently confer a \ 
poliiical privilege not common to alj, ' 

•* This doQiine we I'old to be the inevit- 
ablerefult oi that political truth, which re- 
cognizes protedion and fecurity as the 
fondamental principles, as the great aim 
and purpofe of government. We there- 
lore believe, that he ought nottopos-- 

SESS THE POWER TO VOTE AWAY PROPERTY, 
WHO HAS NOT ANY O? HIS OWN THAT CAN ' 
BE AFFECTED BY THAT VOTE ; and while 

the power oi reprefentinsr property, is #ti. 
joyed by HIM WHO has none of hisown ; 
fociety will ba diRurbed and plunt'ered, 
in a great variety oi cafes, by needy and 
ambitions adventurers, who will confum- 
matetheir plans of private aggrandizement,', 
under the mafic ol patriotifui and affcdion 
•lor the public good. 

•* IV. We believe that the Chrillianfvf- 
tern is effenii^l to the political a«; well as 
moral excellence ot focial life. Wnile we 
declare ourfelves inimical h^fsBarian intoU 
€rjrtf<: in every pofrit>le (hape, we are au- 
\horiled both by found reafon and experi- 
ence boldly to afTert, that The fear of 
God, ought to be implanted in the heart 
of every man before he can advance a well 
founded pretention to an office of troft or 
refponfibility. We are not inclined to 
difpute with' thofe long winded philofo^ 
phers, who maintain that virtue is found- 
ed in the very nature of things, even an- 
tecedent to any other law ; Time that faith- 
ful dete6lor of error, has demonilrated to 
our entire fatisiafl-ion, that virtue has but 
a week foundation in any mind where it is 
not grounded on the apprehenfion of a 
Deity and His law. 

««V. Webelieveihat "EQUAL AND ex- 
/CT JUSTICE," ought to be adminiftered 
inourCouits of Law, to all men, without 
regard to their religions or pilitjcal opin. 
ions ; and to attain the important objefl. 
Our Judges ought to be ixdepend- 
ENT : whi'e their bread dopends on their 
pfrfonal iJtjlufnre over whatever party the 
Jlutluatioh of political events ynay place \ 
vppermojl^ then dcrif!;>us \\ ill f)«f aUer- 
naielv governed by their hone* an^ f'Mrs ; 
and will/t? x*nr\ und^r Jiinilar cxrcumjlan 
ces bo'h if I. aw and FaD^ that the pao- 
pie of this dnd or the other ftates, will lofe 
all cnrfidence in tie iniofcrfity ni our judi- 
cial proct»'*ii'^gs — Evciv period of elcfcli(>n 
will be a fcenc ("^rit},\'af» a^^d c^TMiption ; \ 
a mom'^nf ol (l»*gr;j'^i^ii<)n to ?he (]ffi'ef*ek ' 
in,^ Judge ; and ilje founrains ot j-ilHce [ 
xvt>ic»' oMehf to t e •' pu re as fid^aviond of 
ike Jirjt Witter'^ will oe polluted wuh the , 
fpiiit of party. • 1 

•* Laflly. Wc fhall endeavor to defcrve ' 
the patronaj^e (^f the Pu^^Iic bv confultmg , 
tic public C^t^D, raihcrihan the j?r<^tifica- ; 
ton of any •' fc6l'* or denomination of- 
men/' 1 



eStkctctr* 



[Believing that our readers will generally feel inter- 
ested in the proceedings of our courts, in cases a- 
rising under the new duelling law, we lay before 
them the following statement of 

RIKER'S CASE, 

FROM THE EVENING POST.] 

Richard Riher, CounfeHor at Law and 
States Attorney for the diftrift for the city 
and county of New- York, and Robert 
Swartwout of the fame place, were in-lifci- 
ed in April laft for a violation ol the Duel- 
ling A6i, and entered into recognizance to 
appear at the next court, and take theii 
trials. At that court it is believed thefe 
gentlemen, the principals, both appeared, 
biit neither at th^t Court nor at any Court 
fmcehas either of their feconds been to be 
found fo as to be made witnefTes of. And 
now Mr. Riker inforrvs tlie public that he 
was there at that Court ready for trial and 
has been fo ever fince ; nay, that early 
in autumn he wrote to t^^ Attorney Gen- 
eral and exprefsly requefted that he might 
be tried at an early Court. Now if we at- 
tend to one circumftanceftated by the At- 
torncy General in anfwer to Mr. Riker's 
motion for a difcbarge, we fhall have no 
caule at all to wonder at this. Mr. Wood- 
worth informed the court that on exami- 
nation of the April indiftment, he found it 
fo materially defeftive that he could not 
rifk a trial upon it ; it was therefore ev. 
tremely natural for Mr. Rikcr to wifti to 
he tried on fuch an indiftment ; for if the 
jviry had found him guilty, he would have 
applied to the Court by a motion in arreft 
of judgment and been difcharged : And as 
no man can be put in j^*opardy twice for 
the fame ofFsi-nce, this fliw in the indi6l- 
ment would have been juft as good to him 
as a verdift of acquittal. But it is faid in 
reply that if the indiftmenc was defe6live, 
it was not to he imputed to Mr, Riker ; he 
could not help it — he had not feen it. And 
this brings up a very curious Cdfe. The 
reader is to bear in mind, that Mr. Riker 
is the State's Attorney for the diflrift, to 
whom the law confides the care of all crim- 
inal profecutions, and of coirfe it was in 
this, as in ail cafes-, his duty to fee puhjic 
juftice was run to be turned from its courfe 
t>y an utjfkitftiily dr<iwn prorefs. How 
far, in^efd, a man would he bound iny^r^ 
corf(Lefif:ce \i} ^\d in a profccution againff 
hiiufeil, I a-n not -con^octent to decile, 
nof h^' tl,e dtielhng fixture n^rrde any pro- 
vifiQu 1(1 caffs vhr-n* the duel is fought by 
fhe Attorney General ; a manifeft otnif- 
(ion — But Mr, Riker now fays, he was 
ready in June, and at all times fince, to 
meet the profecution — This again prefepts 
a cafe flill more novel than the bft. We 
ftiould have been cmertained wall a fpecies 



oFamulement, fuch probably as the annals 
of our coilrts never yet witnefled — Mr. 
Riker, the Diftrift Attorney, fumming up 
acaufe to the jury againft Mr. Riker, the 
individual. It would have been^ pleafant 
fpeftacle; he would, however, have had 
this unheard of advantage, that let the ver- 
di£l be as* it might, he was fure to get his 
caufe ; an objeft of great defire with all 
lawyers, cfpeciallv young beginners. The 
celebrated law cafe of Bullum verfus Bo- 
turn, as reported by that fage civilian A- 
lexander Stevens, wotild no longer have 
been entitled to the high rank it no%v holds 
in the libraries of the learned in the law ; 
it would, in faft, have been no better than 
a foil to Riker vs. Riker. — But to retura 
to grave matters of fa6l. — ^ 

As to the flatepnent which Mr. Riker's 
counfel was inffruBed to make and which 
it is afTerted in the Qdizen he did make, 
that *• his client had no agency in keeping 
witneffes out of the way," we fhall not 
contradi6l it ; but merely obferve : That, 
at November term, the witnefles were out 
of the way and therefore the caufe could 
not be tried nor a new indif^ment found; 
at that time the Attorney General took a 
rule on the witnefTes to (hew caufe at the 
next term why an attachment fhould not jf* 
fue againit them for not having obeyed the 
fubpcena which had been ferved upon them, 
As a court of Oyer and Terminerintervcn- 
ed between the November and January 
terms, the Attorney General anx'ous to 
difpdfeof the cafe and not to keep Mr. Ri- 
ker in fufpence, again fummoned thefe witr 
nefles to appear before the Grand Jury, 
But they again kept put of the way and it 
was publicly faid they never would ap- 
pear, which was the reafon that the Attor- 
ney General reforted to the teftimonyot 
Mr. Riker , and Mr. Swartwout, at wiH 
prefenily be flated. 

We fhall not undertake to affert that 
Mr. Riker himfelf applied to thefe witnefT- 
es to keep out ol the way, but at leafl we 
mud be permitted to remark, that it is 
flran^c they fhould of their own free will 
ahfcond in this manner, and thus fuhjvft 
themfelves not merely to pay heavy fine^ 
and forfeituies, but to undergo a6lual im- 
prifunment ; and which indeed it will be 
the duty of the court to inflif}, if they per- 
fiff in ihcir contumacy. We are now pre- 
pared to give a fu.ccinft account of what 
took pfacc at the lafl C airt. 

At t\e lafl. Court ot Qver and Terminer, 
the A torney General deterrfjined to fub- 
mit the cafe to anoihci Grand Jury for the 
purpofpof procurini^a new incittment, for, 
to go to trial on ihe prcfent would ^e no. 
better th^n a farce. But as the (econds ftiH 
kf'pt out ox th.e w^y fo as lo avoid ^i^'ing 
e>pi^ncr^ he propofed to make ofeof Ri- 
ker a^ a witnefs agMinO Swartwf>ut for 
fending b^m (R ker) a challenge, nr<\ then ' 
of Swartwout as a wunefs againil Riker 



No. .5. 



Cge 20alant^* 



35 



for accepting a challenge oF him (Swarf. 
wont,) precifely as had been Hone at the 
fam* Court in the cafes of Pendleton an ! 
Van Nefs, Riker was accordingly Icru 
before the Grand Jnrv to give evidence. 
When he came thv.Te the loremjn CI. 
Fifh, put fc'veni! q'ieffions to him from a 
ivriitcn paper furnKhed him by the Aitor- 
ney General. We have taken feme pains 
to procure a copy of ihe{e queftionsas they 
afterwards came before the court, hut 
without fuccefs, however that i^ not ma- 
terial, as will be feen. Mr. Wood worth 
informs us that the leading and only im- 
portant queftion was infubff ince if not in 
letter, the tollowinpj. '• Did you ever 
receive a challenge ol Robert Swartwout 
to fii^ht a duel ?** It was put in writing to 
pieyent. any quibbling on one part ormif- 
take on the other as to its import. To the 
Airpri^eof thejjry Mr. Riker relufedtoan- 
fwer, alledging that J)e could not do it 
without criminating himfell : — the futility 
of i%hich every reader, as well as every 
lawyer rauft perceive at once : fince it 
would be abfurd to^pirtend that to receive 
a challenge without arcepting it, would 
make a criminal. Howeverihe Grand Ju- 
ry, in order to be quite correft, fubmitted 
thequeftions to the court ; the Court de- 
tcrmined and Judge Livingfton delivered 
the opinion ; that the queftions were pro- 
per and that the witnefs muftanfwer them. 
I'he witncfs was again fent to the Grand 
Jury and again he refufcd to anfwer ; 
thereby fetiing at defiance both the Court 
and the Jury. The Attorney General, it 
is important to obfcrve, exprefsly offered 
the Jury to prepare the mittimus for com- 
mittmic him to prifonfor contempt, (hould 
he perfift; he did perfiil, and the Jury in- 
iiead of doing their duty, came into Court 
and, as is flaied in the Citizen Communi- 
cation, reported that they had •• difpofcd 
of the bufinefs in a manner fuitablc to their 
own views ot what was juft and proper." 

Yes ; it is too true thnt this Grand Jury 
were fo forj^etful ol what was due to the 
public, to the court and to themlelves, 
that with their oaths Hipon them they thus 
blinked a queftion of the great^ft magni- 
tude. It <loes not now lie m their mouths 
to alfcdgc any objeftionsagainft the law or 
the ftaiuie ; by once putting the queftions, 
ihey precluded themfelves from laying af- 
t^Tward-s thcy were improper, and there 
wjs no alternative but to infift on the an- 
fwer. If this conduft is to fervc as a pre- 
cedent, if it is to lie in the pleafure of wit- 
nefi'cs whether they will give tcflimony or 
nor, then there is an endol all attempts to 
firing offenders tojuftice ; then is the law 
a mere bugbear and may be abused in fa- 
vour of one culprit and to the deftruClion 
of another ; and the inftitution of the 
Grand Jury inftead of beingentitled toihofe 
proud encomiums which have fo often been 



beftowed^^n it, will be degraded info s 
me^e inftrumcni to lerve a turn. 

We contefs ih-jt :he condu6l'cf iht 
Gr?.nd jury, in this inflance, (Irikes u> 
witli fuch amazement, th-Jt we are no lon- 
ger able to follow Mi. R\ker with obferva- 
tionson hisextraordinary attempt to get dj/- 
charged on motion^ nor in his fublequeiu 
newspaper attempt to reprefent himfelf to 
the community as a perfecutcd man, and 
liis motion one founded not on anyappie- 
henfions for himrdf, but proceeding fole- 
ly from the moil pure snd patriotic inten- 
tions in behalf of the community. 

After the length the Grand Jury have 
gone in i^xt bufinefs, it is not to be won- 
dered that Mr. Riker fhould now begin 
to thiijk himfell a perfecuted man, as well 
as a great patriot and fhould endeavour, 
by reprefeniing \\U cafe to ihe'comnHinity, 
to excite the pubhc fympaihy in his be- 
half. And iiere we muft take the liberty 
to afk Mr. Riker, if he is fo confcious of 
innocence as to fee! little apprehenfions as 
tot he r^fult of this profecution, what did he 
mean by refufing to anfwer the queftion re. 
fpefting Mr. Swartwout, aliedging that it 
would criminate him/e/f? that is to fay, 
his anfwer would producer criminal inno- 
cence — A confufed fort of an idea tliat at 
beft. 

But ; notwithflanding the miftaken and 
unjuftifiable lenity of the Grand Jury, and 
noiwithftanding the appeal to the public 

and , wetrnft this profecution will be 

condu£fed to a fatisiaftory, and honorable 
iffue. For tfiis we rely entirely on the 
firmnefs and integrity of the Attorney Gen- 
era! ; and if he is ftill aftuaied by the fame 
confcientious views that have hitherio 
marked his condu£l he will well merit 
thofe thanks and thofe applaufes which the 
community ftand rea^^y to avyard. 



" III mmm >f^*yvra^u 




€t>itor'^ ^rio^ct 



MANAGEMENT. 

We have had frequent opportunities 
to admire the fkill and management oi 
the Poft-Ma fter- General ; hut the follow- 
ing faft wc believe has been overlook- 
ed by the Pennfylvania editors. It may 
however be relied on ; and we think the 
reader will agree with v^t that it flicks one 



more feather in the already overloaded cap 
of Mr. Granger. 

A few years fince the legifl-iiurc of 
Pennfslvania pafl^d a law, that ** no per- 
fon holding an office .under the United 
States, fhould hold an oifice undrr that 
ftate." Amongft a great ni:mber of offi- 
cers afTcC^ed by thi^ Ir.w, was a Mr. Jofcph 
Clurp, ol Biiftol, who was a poft-mafter 
under I'xe United Sia;e5, and alfo a juftice 
of the peace under Pennfylvania. * He 
could not lc;:a'.ly lio!d both ofFices ; and, 
being a grjod dcmocrar, it was hard to de- 
prive him of cither.' In this dilemma, 
M'. Granger was applied to for relief. He 
is h'ruU fellow, and a rare hand at pick- 
ing holes in the laws. He transfcircd tfiC 
coramiflion of Poft-M.'ftcr to a lad by the 
name of Prieftly, about eighteen years old, 
(a fon o! Clunn's wile) — thus ev<iding the 
law, and at the fame. time, giving thw'» emol. 
uments of two offices to Clunn, who gen- 
erally attends to ttie mail, as formerly. It 
is fuppofed that young Prieftly is now 
nearly twenty-one years of age, and if he 
lives, will foon be old enough to hold tlie 
office on his own account. — God grant 
be may not quarrel ivith the old gentleman 
about the loves and fifhes. 

Holt, as if he had not before rendered" 
himfelf fufficiently ridiculous, mentions 
in his laft Bee, with much exultation, the 
cft^riblifhment of democratic, on the ruins 
of certain federal prints. The appearance 
of fuch a paragraph, in, a paper which ne- 
ver more than half exijlcd, which is, at 
this !non.cnt,a6iually on its Ivjl legs^ and 
which has not, on earth, a friend to mourn 
for it when it dies, is — ** pitiful, won* 
dWous pitiful,'* 

Lullaby for little democratic halts. 

A PARODY. 

In a cornfield high ar.ci dry- 
Sat Gun- Boat Ko. Oi»c; v 

\Vig:g]e, V. jgglc went her tail, 
And pep went her gun. 

** Mr. Rembrandt Peale (fays **theprin- 
terto the state") has repaired toth?city of 
Wafhington, for the purpofc of taking por- 
traits of diflingollhcd charr.61ern 'or liis mu- 
feum in Philadelphia." Surely, wc think 
Mr. Peale could not have devifed a better 
mode of obtaining fuitabfe company for his 
mammoth bones. He will foon pof- 
lefs a mufeum ot wonder/ulfghts. 



36 



4%t ^4mtt. 



Vol. IV. 



ppifvpf^pvi 




Sifsrieuittural 

INTERESTING EXTRACT 

FROM MIDDLETON'S VIEW Of THE AGRI- 
CULTURE OF MIDDLESEX, ENGLAND, 

Oi/irvaticns on Gardens between Weji- 
minjler and Ckelfea* 



j300N after Chriftmas, when the 
weather is open, the gardeners begin by 
fowing the borders, and then the quarters 
with radifhes, fpinnaj?e, onions, and all the 
other feed crops. As foon altcrward* as 
the feafon will permit, which is generally 
in February, the fame ground is planted 
with cauliflowers from the frames, as thick 

^ as if no other crop had then poflefiion of 
the ground. The radifhes, &c. are foon 

' fcnt to market, and when the cauliflowers 
are fo tar advanced as to be earthed up, fu- 
gar loat cabbages are planted from the a- 
forefaid feed crops. When thefc are mark- 
eted, the flalks are taken up, the grouud 
cleared and pUoted with endive and celle- 
ry from the aforefaid feed crops, and daily 
at thefe crops are fent to market, the pel- 
lery is cropped for winter ufe. The gar- 
deners agree in one maxim, to dung pUn- 
iifuUy^ to dig the foil well^ and to fow 
good feed. 

The following is the eflimate ; 
R^diflies, £. lo 

Cauliflowers 60 often 70 and more, 
Cttbbages 30 

Cellery id crop 50 frequently more than 60 
Endive 30 

Cellery 40 

T. peracre/". 220 fter. — annual produce. 

«• This clUmate is flated us under the 
mark, fome rean>ns occafion a confiderable 
dedu6lion, but as they do net often occur, 
£OoK per p.cre is a very low eftimatc. The 
cxpenfes are^ 

Labour, £ - Zi 

Team* anH dting, 25,^ 

Tithes and taxes 12 

Marketing, 8 

Tot^l, £ 80 inn. expenfe. 

»♦ The faimlng pardeneis, or rhofe who 
plough, arc fuuaterl at a diftancc irom Lqn- 
^ don, and occupy iar,'Ter irsfts of land — and 
lullow this order of cropping : 

•• Jiruary and February, early peas ; 
gathered and fold green in June— the 
haulm when dry is carried from the ground 



and flacked for the fodder of horfes, on 
which they thrive. The cleared ground is 
again ploughed and planted with collards. 
There are about 8000 acres cultivated in 
this manner, producing 50I. per acre. 
Gardens at Heat Houfes, soo 

acies at 200I. £. 40,000 

Surry fide of the Thamea 500 

acres at 150I. 75 iOO© 

Round outfkms of Lon- 

don, 1300 

acres at lool. 130,000 

Wholly cultivated by the 

fpade, 2000 acies at 

120I. los. 24^,000 

Farming gardeners, 8000 

acres at ^ol. 400,000 



Total Acres, 1 0,000^. 645,«oo 

To which fum add fruit 

gardens 40C',ooo 



£. 1.045.000 

Gardeners provide as well for their fam- 
, ilies on five acres of the beft ground, as 
i the generality of farmers can on 150 or 
j 200 acres. There are fome gardeners in 
the commiflSon of the peace— ;it has produ- 
ced feveral fiierifTs of counties, and more 
who have realized from 20 to 50,0001. 

NOTE. 

Mr. RUBERRY, of Little Sutton, has up- 
wards of eighty acres cropped with afpar- 
agus, which coil about lool. per acre, 
making the labour upwards of 50s. per a- 
cre, except cutting and marketing ; it is 
very profitable on fandy land — in kindly 
growing feafons, cutting twice in 24 hours, 
profit 50I. per acre, with very little ex- 
penfe. 



^onitotiali 



Tq aid th^ caiue of vii-tue and relis^ioQ. 



FROM THE CX)NNECT1CUT COURANT. 



Look not tkcu Upon the liquor when it 
JparkieSy *' when it givetk its colour in 
the cup, when it moveth 'tjelj aright ; at 
the laji it biteth like aj'erpent and Jling- 
eth like an adder.'' Solomon. 

W OULD you learn how like a 
ferpent drnnkennefs biteth and how like an 
adder it flingeth — then contemplate the 
difgufting figure and the deplorably circum- 
ftances of Stlenus, — ^^Behold thi§ miferablc 
wreck of a man ! — He is not yet turned ol 
forty, yet totters in his fteps, like one ol 
tourfcore, — See.him v/eakened in intellefl, 



morofe in temper, loft to all fenfe cither 
of honor or Oiame, loft to all affefiion to- 
ward the wife of his bofom and the chil- 
dren of his own body .-^ Mark the ftcpiditf 
of his countenance, the morofe afpe£l of 
his blood.fhotten eyes, his palfied hand, anil 
the leprous tetter that covers bis fltin.— 
Turn now and behold his wife — there (be 
fifs in tfiat corner, covered with a thin tat- 
tered robe and fhi^ering over a handful of 
coals.-— See her pale and emaciated — her 
eyes dim with weeping and her cheeks fur*- 
rowed with tears. — Haplefs woman ! who 
can but pity thee ? who can but mingle hia 
tears with thine ? — Look next on thofe fuf- 
fering children.— They receive nought bul 
frowns and curfes and blows from themaa 
whom they had been taught to call by the 
endearing name of fathei : — ^yet they have 
a friend whcfe bofom throbs Muth tender* 
nefs toward them ; but her'band is too fee. 
ble to fupply their reeds. — They afk their 
mother tor bread, but ihe has none to break 
to them.^ — The florm howls thro' the bro- 
ken windows, and they fay, *• we are cold'* 
— (he anfwers them only with fighs. A- 
las ! the has none to bind up her own 
bleeding heart. — And isthistheonce fenfi* 
ble and fprightly Silenus, fortune's child, 
who inherited a large patrimonial eflate, 
whofe pockets were lined with gold ? — It 
this the pair that commenced the connubial 
ftate with profpeELs the mofl flattering ?— * 
The fame.—." How fallen, how loft V — 
And what baa wrought this terrible revcrfe 
in their circumftances ? What has turned 
this man into a brute ? What has plunged 
this woman into the deepeft diflrefs, infb^ 
much that her tears are her meat ? — Whai 
has rendered thofe children miferable ?— « 
What^>«^ has poifoned and deftroyed the 
happinefs of this whole family ? — That 
^end is drunkennefs. — Time was when 
Stlenus was a kin4 bufband and an af&c- 
ionate father, when his company gladdene4 
tlie bean of his wife, when his little prat* 
tiers ufed to meet him at the door and re- 
ceive his fond carefles. — Time was wheq 
every room in his manfion was gilded wiili 
domeflic happinefs, when he ranked in fp- 
ciety as a pfefn! member and an ornanDent, 
and when tlieeye that faw bin bleflfed him» 
^nd the ear that beared him was refpeSfuU 
ly attentive. — But Silenus looked on the 
fparkling liquor, while giving its colourand 
temptingly moving itfelf inthecup hetaft- 
ed, heat length tippled daily ; the habit be* 
came riveted — he plunged occafioD»llt^in. 
to intoxication, ar:d iromoccarionalihtoxi. 
cation, heat laft became a downright Irt — 
His eftate is'confumed, and of all tl e poor 
people, his family are among the moflb 
wretched. — '* Dig they cannot," haying 
never been taught to labour — ** to b'^g 
I they are afhamcd." This is not a ro- 
\ mance : — there are many families in our 
country, whofe deplorable fitqation co^^ 
rcfponds with this defciiption. 



Nft. 5. 



dje 2Nla««* 



57 



-^oKititri. 



FROM THE CHARLESTON COURIEfl. 

DRAWING near the clofe of the fee 
ond ye;ir of our labours for the public, 
and lunaming up the whole political con- 
duQ of the civilized world, in general, and 
of this country in particular, we fee much 
to lament, and little to be pleafed with — 
little to applaqc, and much to condemn— 
much to fear, and little to hope. In rc- 
trofpeS, enough to fill us with abhorrence 
— in profpe3, (not very remote profpeft 
cither) enough to make us fhudder for the 
condition of man. On the other fide of 
the Atlantic, we fee eihblilhcd authority, 
-and government long legalized, by con- 
vention, orprefcription, cowering beneath 
the vulture pounce of a fanguinary Ufur- 
pcr, elevated to guilty ftatc upon the ru- 
ins of that auguft fabric, the general law 
of Europe. — There we fee that Ufurper, 
the ofT^pringot nullity, the nurfeling of 
fin, thepupilof vice, the ^/«i^tf of fanguin- 
ary democracy, the ixiftrument, at once, 
and fomenter of fa£lion, and the perfonal 
executioner of her bloody mandates — the 
fworn profelyte Srft, and then the perjur- 
ed betrayer of faftion after faflion, of the 
murderous demagogues who have deftroy- 
ed and ravaged Europe : Now ailifiing 
~ each, as it happened to rule, in deluging 
tfieir country, and the world, with blood, 
aafl' then helping thofe who (hed tlieirs« 
There wc fee that terrific tyrant lifted up- 
OD the Qioulders of democracy, up to def- 
potic regal power, trampling not only all 
that is had, but all that iavaluable, ot that 
fame democracy, under his bloody hoofs ; 
and not only crufliing democratic fa£lion, 
but difcarding from the compofition of gov- 
ernment that portion of the refined princi- 
ples. of demociacy, without which good 
government can no more exifl than life 
without heat, or animal exiAence without 
the circulation of blood — With a hell-in- 
ftru6ied procefs of political chemiftry, de- 
compounding that happy form of govern- 
ment which the fages of many centuries had 
compofed for the advancement of human 
bappinefs, and the perpetuation of that por- 
tion of freedom it is competent to frail man 
to pofTefs and retain under the condition 
%vhich the" Creator has made the terms of 
fUbiunary exiftence, and wherever his per. 
xiicious power extends, excluding every 
^. part of it but monarchial defpotifm.^ — From 
an afcendency fo difgraceful as well as 
threatening and dedrudive to mankind, 
.we fee Great-Britain alone exempt ; a- 
gainft it, we fee Great-Britain alone con- 
tcnding-T and while the combatants are en- 
gaged, all Europe looking on, with trepi- 
datipn, fear, and hope, awaiting the idue 
oi the conteft ; like the Children in the 



Wood, trembling for their throats, which 
are to be cut^r favcd, as their intended 
butcher or defender fhall itappen to fee vie- 
torioiis. All, all the rcfult of letting loofe 
the people from their folds, to be preyed 
upon by the Wolves, the Tygers, the Pan- 
thers', and " the felled of the fell," tbe 
Hyaenas of fociety, the demagogues. 

From this tremendous pifture, let us 
turn our eyes to America, and fee how (he 
takes it — how her knowing ones take it. 
Let us look her political connoifTeurs — her 
conftitution fanciers — and her DiUettanti 
of holy infurreftion, and the Rights of 
Min, full in the face, and fee how they fland 
afiFefted by this tragical piece. Whether, 
as true principled republicans, they con- 
template it with indignation and abhor- 
rence ; or, as unprincipled demagogues, 
view it with complacency and approbation 
— Whether, as good men, they detefl and 
efchew the wild democratic doftrines and 
preachers which have betrayed Europe in- 
to thofe horrors, or, from fellow-feeling, 
exult in the fuccefs of fuch diabolical arts 
T— Whether, as friends to the independ- 
ence of mankind, they wifh fuccefs to its 
champion, England; or, as fellow blood- 
letters in embryo, and tadpole defpots late- 
ly generated in the quagmire of the Rights 
of Man, and ftriving to fwim through the 
trickling flreamlets of popularity, into the 
huge whirlpool of ufurpation, (that damn- 
ed cftuary into which democracy never 
fails to run) — they wifii fuccefs to Bona- 
parte, enter into his virtoous, honeff, 
merciful, and republican feelings ; like 
buxom bridefmaids, fympathize with the 
joys of the new bride, and giving full 
fwing to their loofe imaginations, antici- 
pate their own long wifhed confummation, 
and pray their gods to fend the day that 
(hall make fuch blelEngs theirs ; and fo 
enable their kind congenial friend, the 
Corfican, to return one prefidential com- 
pliment, in kind, and on fimilar princi- 
ple<, and with equal juftice, to hail our 
defpotic monarchy in /^^//^, *' ihe eniigkt- 
ened government'^ of America. 

If thofe who have rifen to power by pop- 
ularity, and obtained that popularity by 
profeffingrepublicanifm, by inveighing a- 
gainft moqarchy, and by brawling about 
the rights of man, were really and in heart 
that whi^ they profefs, what muft their 
feelings he ?* If they be in heart republi- 
cans, muft they not abhor the roan who 
has deftroyed Republics, and defpife the 
people who fiave lubmitted to his fway ? 
Muflthey nntwiih every breath waft pray- 
ers to the God of juftice to avenge the 
caufe of Switzerland, that illuftrious, and 
once happy republic, whofe boafl ft was 
to be inhabited, as a great writer has faid, 
by ** IJn peuptejimple, bienfaifant^ brave, 
enemi da fajie^ ami du travail, ne cher- 
chant point d'ejtlaves, et nevoulant point 
dc maitres y*^now doomed by the all-def- 



troying counfels of the Corfican, to yield 
up their independence, to part with the 
government of their choice, and to take 
that which he flretches forth to them on 

; the point ot the -bayonet ; and to receive 
the tyrant's di£lates as to their form of gov- 
ernment, their domeftic regulations, and 
their external conneflions, with implicit 
(ubmifTion ? Nor is the injury fimply this : 
It is.embittered with infult. The priva- 
tion of their liberty, and independence, is 
aggravated by the moft brutal and infolent 
rcflefiiions upon their country, upon tbeir 
diverfity of religions, languages, and man* 
ners, andinawordi upon all the effabiifh* 
roents, habits,- laws, and cufloms which 
they had for centuries cherifhed as fjurces 
of bappinefs and barriers oi their independ- 
ence ? If in heart thofe men hate monar- 
chy, muft they not abhor the defpot who 
to regal tyranny adds theabommable crime 
and the dangerous example ot ufurpation ? 
It they value the rights of man, muft they 
not abhor that man who has violated the 
rights of eveiy people with whom he has 
come in conta£l ? And can it be faid that 
our majority do all this ? No — no fuch 
thing ! But in many inftances the reverfi^. 
They are too cunning to drink openly the 
health of Bonaparte, or as they were wont, 
" caroufe full meafure'^ to his murderous 
merits ; but they view him with that ad- 
miration and private liking with which, 
grovelling minds, unfwayed by principle, 
gaze upon fuccefsful villainy, and witb. 
kindred affe6kion and family fondnefs, 
yearn to that monfirous progeny, begot- 
ten by Ufurpation upon that ftrumpet 

j Democracy, and midwifed to a throne by 
Murder. In the intoxication of the even- 
ing, thy may quaff •• three times three** 

! to the memory of William Tell, the il- 
luftrious Swifs patriot, who in the year 
1307, delivered the Swifs Cantons from 
the German yoke, by (hooting the tyrant 
Grifler ; but more wife in the morning, 
they will very gingerly tell ^you, that in 
1803, thofe Cantons wanted atofs back a- 
gain into defpotifm ; that they had lain 
too long on the right fide of republicanifm, 
and for fear of tbe blood fettling there, 
ought to be turned on their backs, or roll- 
ed over to the leti fide, the yoke of foreign 
monarchy ; that tbey bad been too long 
idle, and were rutting fo/ want of political 
experiments ; and that refting too long in 
the luxurious lap of freedom,* they were 
likely to fall into a ftate of political ennui^ 
and require the ufual noftrums — the cup- 
ping, biiftering, blood-letting of the Cor- 
fican quack* Gracious God, grant pa- 
tience to every honeft man who hears that 
after what has pafied, there are ftill men 
in whofe hearts the cancer of Jacobinifm 
fo inveterately inheres, that to vindicate 
the moft pernicious tranfa6fion that ftains 
the hiftory of the wculd, they will libel a 

l[ glorious nation, and out of fliecr love ot 



38 



€fle 2?almice^ 



F6r 1^805. 



¥frong, of revolution, and of, pkjnder, 
will take fav^rge delight in the overthrow 
ot a glorious republic, and fay '* well 
done'* to the tyrant who tramples it under 
loot. 

When menaft upon principle their con- 
duft is uniform — as in the mimic drama, 
the aQor who plays parts, not congenial 
to his fou', falls back into his own char- 
after when the curtain drops ; fo when a 
man in the real Jrama oi life, plays a bor- 
rowed part, as ioon as his turn is fervcd, 
he falls bick into his own charatler, and 
Jijce Richard, " is himfclt again.*' On 
the ftdgc a villain may play the part of a 
virtuous man, a ruffian and a blackguard 
that of a gentleman, or a loofe woman that 
of a tender modeft virgin : But as foon as 
the deception has done its office, each 
finks back into lelf ; and if they were to 
be hanged, drawn and quartered for it, Cdn 
no more permanently and confillenlly ap- 
pear the vntuous man, thejTenilcman, or 
the chafte woman, than a f^iiioi 's well tarr- 
ed jacket could pafs lor a filvered muflm. 
— Thus your revpluiionary demj»gogues 
waver from part to part, earncHly mim- 
icking each, yet never being in reality 
w"hat they feetn ; and when they have gull- 
ed the multitude and obtained their obje£), 
exhibit thcmfelves in their true character. 
To day they play the Spouter, and de- 
claim in praife of democracy, Biutus, 
blood-letting, and the death of Ciclar ; 
to-morrow they prdiTe Ctefir and ufurpa- 
fion. O'^G evening they ftrut end mouth 
rank eul>':yon La Liberty, tlj^ Giiilo- 
tine, an-l RoD2b?irK,^i:; tiie next on D:?f- 
potifm, Prifon, Ch^iir.s, and BoNAPAaTE ; 
and whether it be democracy, arillocracy, 
or defp >:ic m')narchv, ali is right with 
them, prpviJed it only fuppli/es them with 
a fvvinging fnare of inlurreflion, revolu- 
tion, violence, coniifcition and piuivocr. 
And above ail, provided it dernolilhes 
long eftiblifhfd iorms of government. For 
this ii the fatt ; tlicy know it is only when 
tlie flream is violent iydifturbedtha: the bot- 
tom filth can life to the furface ; that they 
catj hope lo rife only in the >lind pell- 
mell riot, and cofif'jfion of civil difcord, 
when tiie wife, thjgoni, and the exalted 
are content to keep fober and dt feiid thc:n- 
felves, and when (^s night thieves, after 
breaking \v\i% a houfe, make th-^ir way in- 
to the cellar, an6 drink till they c**nnct 
find their way out a^rainj thede!uc!ed peo- 
ple and their dchi^lcrs, drink deep of die 
cupot power, till intoxicated, iliey l^!l 
into the hands of foiue deluder more c-i'i 
tious and more c\inr\\i\rr^ than the refl, 
whothrov/s t!)em into irons, ard exrcjtes 
juftice upon them in the end. Each hopes 
he may be that fortunate perfon, and di- 
re£ls all his^ efK^rts to that end. 

And now Americans, afk why certain 
perfons in this country preach democracy 



to vou, when they have before their eyes 
arxl you have before yours, in the ircTh 
defpotifra of France, and the fubjngation 
and dependence of the greater part of Eu- 
rope, a damning inllancc of the pernicious 
cfFefls of wild democracy ? To this I an- 
fwer }^^ou, that it is becaufe they no more 
care what this country may fufler, than 
they care what France has fnflftred. Am- 
bition, not virtue, is their paflion ; profit, 
not patriotifm their view : It is not that 
ihey care whether this country he well or 
ill governed, but that they want themfclves 
to govern it. It is not that ilrey think this 
or that conftitution or form of government 
good, but that any government tnuft be 
bad in the adminiftration of which they 
have no (hare. Grant to each and every of 
thofe perfons who would enfrenzy you with 
! democracy, and frighten you wiih the bug- 
aboo of a king, hohjin^ up every confid- 
erable man who oppolcs them, as a raw- 
hcad-and. bloody. bones of monarchifm, 
and alFuring you that fuch men are not to 
be truflcd — grant thefe v^ry men, we f^y. 
but the liberty to choolc for themfelyes, 
ond you will find them ready to give am- 
ple credit to their own virtues, and tofub- 
mit the nation to the rifk of their own un- 
limited ruk. Without faying grace or 
praying to GoD, or to their own Deity or 
Deities to foigive them, they would break 
this mighty fail which they impofe upon 
other*, and with good appetite fall to and 
carve up and feed upon the country. Like 
the holpiiabic Catholic priell at the famed 
Lough Neagh, who, having no fifh to give 
his guefts on a taft-day, took a twelve pound 
leg of mutton, and after a few church ejac- 
ulations, dipped it into the lake, faying, 
verv gravely, ** go down mutton ! come 
upji/h /" they would, believe us, Amfri- 
cans, rather than let themfeUes or fiiends 
go without a meal ot power to fdiisly the 
maw of their lavcnous avarice and arrhi- 
tibn, they wou!d dip the Union in the rev. 
oluiion tub, and pioiifly f^v, **go down Re- 
public ! come upMonarchy r^Xci'whhiv^oxM 
become of the freeedom of the country. 




De it our weekly task, 
To note the passing tidings of the times. 

$)UtJ^^an5 January 29. 

ROBBERY. 

We learn from Leominfter, ffays the 

Worcefler Spy) that a moft daring robbery 

was committed in that town laft week. A 

man who had be^n to market with 4 drove | 



of cattle, ^nd who had received ^co ^o\' 
larK, was found in the ro;»d wlih U\% fcull 
broken and otherwifc much bruifed. The 
particubrs of this" horrid lianr..6i:on ve 
have not received ; when we do, iLc) fliali 
be laid before the public. 

Two of the nightly pafrnle at Nf^w- 
York lately feized a hUck rn^n of fiifj.i. 
cious appearance, and, on feaiching him, 
they found a dagger under his great coat,' 
tind a tin box cor»tair iag live coals, with 
which it was fuppoled, he intended to fet 
fire 10 the city. 

He was examined and committed. 

As an inflanre oi the public fpirit, and 
rapid increale of wealth, in tlie town of 
Portland (Maine) we ffate, ori the authori- 
ty of a gentleman who has examined the 
bcioks of the Cuftom Ii0u(e,thai abovr 9000 
tons of fliipping were regiflered at that 
pltcc during the laft year. 

[Af^r. Adv. 'I 

Extrad of a Utter from Wajhington^ da* 
led Jan. 16, 1805. 
** Four full day* of the laft week were 
fpent by the-Houfe of Reprefentativei in 
debate on a ** motion ior receding to the 
Slates cf Virginia and Maryland, fuch 
parts of the Diftritl of Columbia, exclu- 
fively of the city of Wafhington, as were 
by the fame States originally ceded to the 
United States." This was unqucftionably 
intended as a preliminary ftep to the fpee- 
dy and final dereliflion of this place asHlc 
feat of Government. Before tliis letter 
reaches you the public papers will have 
informed you of the refult. On tbfs 
queftijn of rcceflion, the Virginia mem- 
bers wereunccmmruily zealous, atlivc and 
perfevering. — Such is the growing and 
flourifhing ilaie of Alexandria as a com- 
mercial citv, ihat 1 prefumeit was calcula- 
ted on, if receded, asafTouiing fome wc'ghc 
in the tcale oi ancient dominion principles * 
and pr^^jc6ls ^gainil tranfmoniane power 
and iiifiuence which already threatens and 
ere Ion? wiilefxl-ft a divifion ot that over- 
bearing State. 

FIRES. 
A valuable pnft tnill, with a confidera- 
b!c fteck of grain, and a carriing machine, 
were biely dcittoyed hy fire, at Rahway, 
N.J. 

NEW- HAVES', JA\\ 8. 
On Wfdrerd'»v mornitig laft, at about 
hall paft 2 o'cloci', the inhabitants of this 
cify tvere rouf^d from their fl ambers by the 
ciy of fire ! It commenced in a ftore in 
Fleet- ftreet. owned by Mr. Henry York 
and occupied by Mr, Lent Hotchkifs, fup- 
pofed to have been communicated from the 
ftovc. Before the alarm was given the 



No. S. 



4rfte 25alance* 



59 



flames bad made fuch progrefs that the ei- 
forts of the'citizens were univailing, except 
to fave iTome of the property from the cel- 
lar of the building in which it o-iginated 
and'alfo a part of the furniture contained 
in the? adjoinirgdwelling-houfe, owned by 
Mr John Chaticrto", and occupied by Mr. 
Daniel*, Bakrr, and Mr. Minicc, tobacco- 
nift. The (lore, dvvellinp-houfe and an 
old building belonging to ?vL'ffts. Atwatcr 
and Daggett were confumed ; and it is 
probably o*ving to the fnow ftorm then 
prevailing, which proteftedthe roofs of the 
neighbouring houfes, that wp have not to 
record a far more extenfive dcftruftion of 
property ; as flikes of fire were continn- 
ally carried upon them by the wind, and 
the beft exertions of our citizens would 
have been fcarcely fufficien: to refcue them 
from the impending raVi^res, if unaided by 
this circumftance. As it is, the lofs of 
property is confiderable. The principle 
fufferers MeflVs, Hotchkifs and Chatterton . 
On Thoi fday evening about 1 1 o'clock, 
another alarm was made. The building in 
which the fire originated was fituated on a 
lane between Fleet and Meadow ftreeis, oc- 
cupied as a ftone.cuticr's (hop, which was 
conrum* d without further damage. 

On the night of the 2 id of December, 
llie houfe of Mr. Wiflioni Stinlon, jun. 
of Dunbarton, (N. H.) was confumed by 
fire, with every article of furniture, provif 
ions &c. to. the amount of 3000 dollars. 
The fire took from the fire-place in a room in 
ivbicb no one flept, and completely enveK 
oped the houfe while the family were yet 
afleep^ who would inevitably have perifh- 
cd, had not the cries of a cat, confined in 
one of the rooms, awakened them juft in 
time to group their way through the flames 
but not before three of the chldren were 

badly burnt. 

£xtra8 of a Utter from Cadiz to a gentle- 

man in Bofton, dated Nov. 14, 1804. 

«* The fcarcity of Grain continues, and 
it will probably maintain nearly the prefent 
prices through the winter. The following 
ftateraent will convey an idea of the com. 
parative diminution of the crops in this vi- 
cinitv. 

,•• The Bifhop of Seville colleQcd his 
.tythes in the year 1802, on 326,000 fane- 
gas of wheat, which was not more than 
fofficient for confnmption. 

•• 1803, on 181,000 — great fcarcity. 

*• 1804, on 56,700 — famine. 

'* The people in fome parts of the inte- 
rior are in a ft^te of infurreflion. At one 
village they have hung their corregidor, 
having l>een three days witheut bread. 

•' The fickrefs is nearly at an end in 
Malaga and Gibraltar, and has d<?creafed 
here, the deaths are now from 16 to 4, dai- 
ly, of all difeafes, including thofe who die 
;n Hofpitals/' 



Extrafl of a letter from Captain John H. 

Andrew, of the brig Cynthia, of Salem, 

lo his owner, dated 

*< St. Pierres, CMart.) Dec. 9, 1804. 

** Nothing material occurred until the 
3! Dec. being in lat. 15, long. 30, (aw 
two fail, one of which proved to be his 
Britannic Majefty*» brig Le Courier, of 
16 guns, capt. Bufworth. Tne fir/l (hot 
he filed, I took in my fails — immediately 
hove too— he fired two more guns after I 
hove too. At two p. m. he came up and 
ordered me to hoifl out my boat, and come 
on board with my papers, which I imme- 
diately complied with — while getting out 
mv boat he fired feveral fm ill arms at me. 
When on board, I delivered my papers 
to the officer of the deck — ihe firft lieuten- 
ant ordered my men out of the boat, and 
fent other men in ; he went on board of 
(he Cynthia, drove my mate and a!I hands 
(the cook included] into the boa?, without 
giving them time to get their protcflions. 
After bf ing on board one hour, (the cap- 
'ain fending his fervant up repeatedly to 
interroi£;ate me). he then ordered me down 
ne cabin. After receiving infult upon 
infult, he fent my boat after the protec- 
ions, and left me in his cabin to go and in- 
terrogate the people, and faid that he could 
purchafe proteftions for twenty-five cents 
each. He then called the carpe/iter upon 
the quarter-deck, with a boarding pike, 
chifTel, millet and rule, to mcafure — he 
meafured them all — the carpenter un- 
doubtedly knowing the captain's inten- 
tion — fome he made (horter than the pro- 
teflions, others longer. He f^id that he 
would take them and cut oflfjheir heads or 
feet, to make them agree with their pro- 
teftions — he then faid they were all Eng- 
lifhmen, notwithftanding I had every paper 
to prove to the contrary. 

Afterwards I was permitted to be heard. 
I made ufe of every argument, and with 
as much politenefs as I was capable df, but 
they had no other effeft than repeated in* 
fults. Four men out of the five were born 
in Salem, the other in Brooklyn. He 
took four and would not take the fifth on 
account of his being fo fmall and an old 
man. I cannot omit mentioning, that the 
menhepreifed werefourof the befll ever 
had. Their names are Samuel Shepard, 
Samuel Larabee, Martin Pain, and James 
Kinflcy. After keeping me from 2 o'- 
clock to nearly 8 P. M. and finding it a- 
mounting to impoflibility to get my men 
again, I to!^l him I fhnild not go on board 
of my vtlT I until he gave mc enough to 
carry her into port — he then ^ave mc four 
men out of the doctor's lifl-, three of whom 
were raw Irifhmen, who could not fleer-^ 
the other a young American lad, born on 
C'jpe C^d, t>y the name of Bf^njamin Free- 
(nan# He had the politenefs to fend me 
on board my -veflfcl on a very dark night 



with thefe men, witli the boat half full of 
water, and a large fea running. I am for- 
ry to find no communication between this 
and Barbadoes, otherwilc I (hould have 
fent a copy of t'le enrollment and his pro- 
ceedings to the commodore, who is Ration- 
ed off Barbadues. I think if a certificate 
of this and their being Americafns is fent 
to the commodore, they may be obtained. 
I would fpare no.expeoce if I could obtaitr 
them, i arrived here on the 6ih ult. and 
entered a proteft, and Have been thefe. two 
djys trying to extend it fo as to fetid on 
the original to the Secretary of State. I 
mufl obfervethat it has placed me in a dif- 
agreeable fituation. I find it at prefent 
impofTtble to get men here." 

During the late cold feafon, fevcral per- 
fons have perifhed in the fnow. Mr. Cb. 
R )bbins, of Canandaigua, and Mr. Juhn 
Kennedy, of Sparta, are among the num* 

her. 

The legiflature of this flate met on 
Tuefday laft, 

LATEST FORFIGM. ' 

BY an arrival at New Bedford, Lon* 
don papers to the 2\x\i November (twenty 
kOne days later than by any former arrival) 
ueie received. The New-Bedford paper 
(Columbian Courier) contains intelligence 
of which the lollowing is the fubftance : — 

Bv order of the French government. 
Sir George Rumhold, the Englilh min-- 
iffer ro the Circle of Lower Saxony, had 
been feized by an armed French force at 
his houfe near Hamburgh, and conveyed to 
Paris ; but.by theintcrferenceof thekingoE 
Pruflia, he had been liberated, and had ar- 
rived at London. This arbitrary and out- 
ragious aft appears to have roufed PruflTia 
to a fenfe of the dangerous tendency of the 
French emperor's encroachment upon the 
independence ar*d rights of the neighboring 
ftatcs ; and it is faid, the court of Berlin 
has communicated to the fenaieof Ham« 
burgh affuiancrson the part of his Prulfiart 
majefty ofeffvOual fupport, and his refo- 
lution to maintain tlic neutrality of the 
Circle. 

The queflion of peace and war between 
England and Spam was not fettled. The 
Spanifli miniiler continued in ^ondon. 

The Porte has refufed to acknowledge 
Bonaparte's Impeirial dignity, in con/e 
qurnce of which the Frt-nch atnoafTad^ 
at ConRantinople has dcmandrd his paflT- 
ports and left that city. 

The relations between the Cabinet of 
St. Cloud and that of V^ienna, intimate 
and friendly. Denmaik and Sweden re* 
rnain inaftive. 

A reconciliation has been fff 6}ed bc» 
tween the king of England and the prince 
of WaJes. 

The fubjeflot lavafion fcarccly^ticed* 



40 



01^ ^almt. 



Vol. IV. 




EXTRACT. 

[Our friends will excuse the postponement of their 
poetic favors, to give phice to the following wdl- 
turned Pindaric effusion— for the New-Year.] 

'FROM THE UTICA PATRIOT. 



J poor Devil's Petition. 

Sages and Rulers ! a poor O^^befriend— 
One who for office bows his simple head ; 
The name of •« turn- coat f* sure will recommend. 
And gain a needy office-seeker bread. 

I have no principles, nor care a straw 
For that sajje instrument, a constitution. 
For federal judges cr for fcd*ral law. 
Party requires their utter dissolution. 

To every sense of honesty now dead 
Soon 141 my iwint of principles display ; 
Then pray reward such pcnert; with bread. 
And y«our petitioner shall ever pray. 

My piaycr tmhear'd — my fate I e*er shall moan, 
Such disappoi'%1 nent I shall ever rue, 
Fcrl«re an itcli for office like youror.m, 
And long to toste the " /otftw*' as well as yoti. 

I never said — ^unprinciple 1 and bas«. 
Your chtef cm|'ln*d a lurcign, hireling knave, 
Wi'.h prosci'.u'ed p?ti his cause to grace. 
To siander honesfmen, und curse the brave. 

Nor said, when cl >rh*d with his ill g*ttcn power, 

His "Af >ru's and act* were shamefully at odds ; 

1 never whi-]>er«d in an evil hour 

The words— c/TOe—fTw/Z'tfr—^fwet— or hzenfy godt. 

I ne^erdeclar'dthai Cxsar like, he fled. 
Adopting Faibiaff s better part of valor, 
Ar.d in a cave found shelter for his head. 
With face as pale as Hamlet's ghost, or paler. 

Heaven knows I'nn innocent of all tn^sgression. 
Against his honor, bravery, or fame j 
1 ne*er abus'd his vise admin'stration, 
I ne'er <//*-grac=d it by so proud a name. 

I never questioned his profound of head. 
Who docks and gnn-boats, for the navy plans; 
For what can strike c jr ibes with greater dread, 
Than such a hero wuh Such wailike means » 

I never said that, sage-like, he prefer d 
To office, men of talents and of tru»h j 
Too well 1 knew, he never could have err'd 
In bending thus to honesty and worth. 

1 never hinted that a slanderous work, 

" The Pro»pecf' Cikll d, was tent yo«r idd king, 



Or that hi paid a villain for this bobk : 
No, for I knew hcHi sccrn so baxe a thing. 

I nje'er aver'd you demos, one *nd all, 
For power, descended to tlic vilest means. 
Paid renegado fcoundreU for the gall 
That daily flow*d from prostituted pens. 

I ne'er believe a single thinj^ I hear. 
Unless the Polb-mam publish it abroad ; 
Him and his works, I ever shall revere. 
With him curse Waihington — so help me G— d. 

Thefam'd Napoleow, all rhe world mUit know 
The gape of wonder Robbspiere once drew. 
As well as Crotnwell and as Catsar, lo ! 
AUgemtife republicans like you. 
Does any ask me, «* Pray sir your opinion 
Of these same demos, who so brld bestride 
The constitution, and with proud dominion 
High on the backs of a dup*d people ride ?" 

Quick have I answered in a rage, «» Odds blood ! 
No ccf* like their s such wisdom can convey, 
Nor all the legions of Nafxieon, could 
Insure more sterling liberty than *6e^." 

Do others cry «< Whatever their Chief divineB 
«• Be sure b excellent, 'tis charming"— new 
•< Drydoch, talt mint's, gun-boate and leaden mine*, 
•* Are prais'd to ftUy by his scribbling crew." 

This was my answer to each snarlir.g booby, 
«« Philosophers like other folks zrejrailf 
«• Do let him »ide then, if he please, his hobby, 
•« Arid guU the people with a pretty talc." 

Full often I've been qutsiion'd for xhe cause 
That w rought such «/r*»/^ conviction in my breast, 
1 hat bade nie m an lionest course, •< to pause" 
And bcw submission to your high behest. 

Fori us I'veanswer 'd <• lo ! I've begged }n vain 
fxGvnJhrtner friends a scat in fame's old tenaple. 
Yet in their Kjjisdom they denied my claim. 
And call myJzar/rti^n/iVwi— ctiredshuple." 

Of worih like yours, tp ! l«vc an ample share 
To place me high within your sacred fane j 
For met it only can con.mand your care. 
Such as has crown*d tlt^ labors of Daant, 
Aurcra paragraphs / those vehicle* of truth, 
Which wro«t such wonders wi«h the lawless mob ; 
Oft have I mark«d their modesty and worth. 
Their candor, just?ce, truth, and all thats good. 

Hail ^/«7>^/or /— «• StrndU'e pclitan," no more 
Since «tis decreed M'Kean rrust bcse his place, 
Hail grtat Dua^t ! now ^onU at least a ecore^ 
Ay, twenty scoro.of hift ignoble race, 
Men of your si amp I see are ofren shy ; 
Our chief nis said, thfs faihng does ir.hcrit. 
In eonctave mteii V avoid the public eye, 
And in his ccunsets iides a vengeful spirit. 

Yet oft th*e^ec/# are ushered into light, 

When some great stroke 'gainst federalists yon aim 

When in ycur wraih a led'ral judge y«u smite. 

Or wantonl) the constitution mavm. 

Meek Sirs ! in vars you choose not to appear, 

A circumstance most natural to suppose : 

And therefore pay with liberal band for fear. 

That Friuict or Sptia might pull you by the nokc 



The people's praise ! lo, <tis your chief desire ; 
On measures you ne'er hastily decide. 
But first whh camioas prudence, you en^juire, 
How in their favor nms the pubHc tkle. 

*Tis wisdom sure to coax and flatter those. 
From whom your pow«r is held by brittle tie ; 
It one false step your weakness should expose, 
Your pow«r would vanish and your cause would di?. 

Sages and Rulers ! sorely I dread demal, 
«• Pity the lifted whites of both my e/es j" 
Take an apostate. Oh ! take him but on trial. 
An office grant him, and he*ll call you wise. 

« Though like an elephant along the ground," 
Th* apostate B — r was stretch 'd by your decree -, 
Yet by '« a deed'' he now has favor found ; 
Then Sages, Rolers ! why not pity me ? 

If such so easy purchase your regard. 
Who erst was subject to your utmost hate> 
May I not hope to merit a reward. 
And buy your Ja^TT at as cJbeap a rate f 

If, awfel Sires ! you grant me my rexuest, 
A peerless jacobin yoo*ll see me «hinc — 
My former fnends most cortlisUly detest, 
And ^<mtyaur goodness with a praise divine. 

Dendafid of me what services you please. 
To strengthen discord, or create new broib. 
With zeal Ml execute your sage decrees. 
Just " ripe for treason, stratagems and spoils.' ' 
■ ■ ■ s January 1st, 1805. 



TERMS OF THE BALANCE, 

FOR IdOtf. 

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Cents, payable quarterly. 

To those who incceive thetn by mail, Tvro Do}- 
lars, payable in iidvance. 

To those who taKe their papers Jit tlie office, in 
btftldles, or otherwise, a deduction from the citf 
price«wfll be made. 

A handsome Title Page and Table of Contents 
will accompimy the last nnmber of the volume. 

Advertisements inserted In a handsome mnd con- 
epieuous mirmer, in the Advertiser which accompa- 
nies tlie Baltuice. 

N O T B. 

The first second and third Volumes of the Balance 
may be had on the following terms •— 

First Volumc'^unbound'^ - 8 2 

Second Volume, - - g 2, 50 

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'ibe three together, - - g 6, 

If bound, the price of binding (either plain or el^ 
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sent to any post-olT»ce in the state for 52 cents post- 
age i or to any po&t-ofBce in the union for 78 cent« 



FUBLlSHEn BY 

HARRY GROSWELL. 

Warren-Street,- Hudson. • 

WBIBES »BT!«TINO fN OBNEKAL IS EXXCVTBII 

WXTH I1BAT>'£^ A^iO ACCUHAOY. 



No. 6. 



COLUMBIAN 




Vol. rV. 



REPOSITORY. 



"HAIL $ACRBD POLITY, BY FREEDOM REAR'd f. , 

** HAIL sAckEO FREEDOM. WHEN BY LAW RESTRAINED !** 

BSATTXm. 



•HUDSON, (New-York) TUESDAY, February 5, 1803. 



(©n0inal 



ilither th« pr<5ducts of yo'ji* closet-Jabon bitng, 
Enrich our cohmins, aitd instruct mankind.- 



FOR THE BALANCE. 



,EST 0*1 F viewg ihouM be «iif ap- 
prehended, and before we proceed, we beg 
10 Iiave it underflood, that by »ny rbing 
we are about to advance, vre da not ex- 
peft to make ih<* leuift impr^ffion upon any 
right down Democrat. For altho' tbefe 
creatures have ^certain caot, afitdcan talk 
inoft fanfiiiDonioufly.aboiit equality, and 
ffberty, and the rights of the people, and 
more efpecially about the voice or the 
PEOPLE, yet we knowxhem teo well to be 
gulled by any thing of that kind. A failor 
in a ftorm moft foftmnly promifed the 
Virgin Mary, if (he would fave him, to 
give on his return to fweet Oerry, a great 
waxen candle, to burn at her fanftuary, as 
big as the mafl ! Being reproved becaufe 
be ifas forcely worth a candle at all ; 
••Ptfctf,anfwered Paddy, /a» Pnly coamng 
kfrr 

There is fcarcely'an article in the whole 
creed of democracy, »a which its difciples 
difcoveuffo much hypocrtfy, as that in 
which it is^-wrjttcn. *^ I believe in THE 

VOICE OF THE PEOPLE/' Look noW — 

Thomas Tilloifon was one of thofe pre* 
cious canvaflers who', burnt the voice oi 
the people oi Otfego,. Clinton and Tioga. 
He is recrctary of ftate now ! David Get- 
Ikon waa another o! the voice of the people 
loving gentry— he is oJleftor of the port 
*ol New-York. It will be thirteen ycar^ 
a^o (ome fumoicr^ that tbefe J^ntry and 



their co-lidjutors held that the voice of the 
people mull be exprefled jufl according to 
law — that granted, then they twifled the 
, law and beat the law, moft laborioufly, un- 
til they difcovered that the voice oi the 
people had not been exprefled exaflly sc 
cording to law, and without ceremony 
made burnt offering ol the ill-fated Jayite 
ballots, and burnt Mr. Jay as clear out of 
office, as if he had not a fingle vote. Now 
the leaft that can be /aid of this tranfac- 
tion is, that it was treating the voice of the 
people-rigoroufly ; very rigorcufly indeed, , 
confidering withal that it was dxjne too by 
thofe, who hold the voice of the people to 
be the voice of God ! In this view it was 
abominable. The people refented It too 
— turned them all adrift, and then the farce 
b^Q. The rights of the people, and the 
voice' of the people. How can you, faid' 
a fobcr elderly gentleman once, how can 
you ferioufly talk at this rate to the peo* 
pic. Poh ! faid the democrat, we are on- 
ly coaxing 'em. 

But we (hall fee another infianceot this 
hypocri fy before the enfuing ieflion of the 
legiflaiure is at an end. We fiiall hardly 
be believed before it happens ; nay many 
honest republicans will condemn our anti- 
ctpaiion as altogether prepoflerous. How- 
ever we know the very infide of your gen- 
uine democrats, fo well, that we advance 
our opinions wiih confidence. 

As the conftitution of the United State.* 
now ftands, there is a full reprefentatioji of 
whites, and partial reprefentation of negro- 
flaves: for ioftance, every eve negroes 
shall be conftdered as tf^fee white men-^ 
and fifty-five tboufantf negroes (hall be e- 
qual to thirty .three thoufand white men ; 
and eyery i^^c Ibalt oi courfe have d re- 



preferuative in congrefs, and an ele3or of 
prefidcnt for every filty-five thoufand hu- 
man beings which it holds in flavery^ 
Now, in the fouiliern dates there are 
85U381 O^ivcs, and of courfe thefe Bates 
Iiave ifTcpref^n'atives as woll as eleflors 
of prefidem more than ihcy wrould have/ 
if freemen only were rcprefented. Now 
at the enfuing kGion of the legiflature of 
this ftate,'an attempt will be made to get the 
conftitution fo amended as that, the repre- 
fentation may be apportioned according to 
the number of free inhabitants. We could 
wifli this attempt to prove (ticcefslul. For 
flavery (aliho* we do not know how to get 
rid of it) yet is flavery fairly confidcfed 
between man and man* a grievous evil. 
If it be tolerated, it ought to aflc 130 more 
in a land of liberty. Bui that aiiy of the 
conflituent parts of a republican govern* 
ment, fliould have greater influence be* 
caufe it holds a greats n\t9)ber of b09an 
beings in bondage^ ir a i»oft< extravagant 
abfordity. Again. As if it a leading 
maxim among the democrats that all tiiea 
are politically equal ; and that every polit« 
ical meafure rught to accord with the o^* 
pinions of a majority of the people ; and' 
that all peifom» voted int# office ouglu to 
be the choice of the f>eop)e, or, which is 
the fame thing, of a majority of the people* 
Now we afk whether it accords with any 
one of thefe fundamental principles, that 
becaufe in the foutliern flates tfiere ii a vaft 
number of negro-flaves, tlrtt therefore they 
Olould have fifteen votes in the lioufe of 
reprefeoiatives, aad fifteen eleSors of pref- 
idept more than they would be eife enti^ 
tied to? And from this advamage which they 
atprefent enjoy *is itnotevident^that a cafe 
might happtii in which a majority of ibe 



42 



Af)t S^alanct; 



For 1805. 



=t 



pcople.by which wc mean tbofc who are re- 
prefemed and who vote, may wilh one 
perfon for prefideni, and yet this nvjority 
be defeated by the number of eletitors who 
reprcfent negro- 11 we«. For example ; let 
ui fuppofe a conteft for the prefidency, 
between A. and B. atid that A. b^d the 
votes of the northern flates, milking in the 
whole 8/, and that B. had the reft, being 
in the whole 8() ; B. would be elefted — 
but take from B. the votes of 15 eleflors 
who reprefent negroef, and A. has a m<jjor- 
ity of 13. Now is it not from this ftate- 
ment plain, that by the confthution as it 
now ftand5,a majority of the free people of 
America may have a prefident impofed up- 
on them who is not the obje6l of their 
choice 7 and can this be corre6l either in 
theory or praQice, in a country where the 
voice of the people ought to govern ? Can 
it be correft that thofe who are fo furiouf- 
ly clamorous in favor of the voice of the 
people, flijuld fufFer fuch a blot tO remain 
UT>ou the cooditution of this free country ? 
What, (hall men fit in congrefs who would 
not be there unlefs the fouthern Aates were 
full of fl^verv ? Shall a majoritv of the 
free people of this country be difappoint- 
^d ia their choice, becaufe Virginia, Geor- 
gia and the Carolinas keep thpufands and 
tens of thoufands in the n}Cf^ cruel and 
abjeft flivery. Will fuch a monflrous 
violation of the very firft principle of a 
republican govermnent l>e longer endu- 
red? Genile reader, it will not be change 
od for the belter. Y<>ur Icgiflature will 
fay, let the negroes of Virginia be dill re- 
prefented. Let three of tliein be ftill c- 
qual 40 five white n>ei> in the flate of 
NeAT-Yor-k, Nay, thuy wi|[l^call this rc- 
publicanifm — and liberty — aqd equal re- 
prefentation — and fuch words as thefe you 
know decide every controverfy — and the 
felicity of it »» that a tool can fpout them 
as. well as ^ wib man» and rather better if 
.any thing— ^a knave as well as an holieft 
inau, and ifiat ten times ofcener. 

JJow you may remember, that not long 
ago the con(fitution was fo altered as that 
the ele6lors (hould oh their ballots defig- 
Date for whom they voted as prefidem and 
wlhim as vice-prefident. Before that, eve- 
ry eleSor put two names upon his ballot, 
and if tfietwohigheft wereequal, thehoufe 
of rcprtrfentatives were to choofe t>etween 
them, each ffate having one vote ; and he 
that hada raj}>rity fra« the preftdem. Now 
this was rxceffively difliied by the demo- 
cratic leaders, becaufe torfooth, it might 
fo happen, that we might in this way have 
a prefident who was not the choice of the 
people. And that, yoo know would be a 
rooft intolerable grievance ! Well iheo, 
. gentlemcn,if you are really fincere— if you 
would go near to fainting if a man (hould 
be prefiJent who was not the p;)ple*s 
choicei for once be conCHect, difm fs your 



[ black battalions, and let free white men 
decide. What lay you ? Why fo back- 
ward 7 Ah (faid the lawyer) was it my 
bull ? Why really that alters the cafe. 
You can't get a thorough- paced democrat 
to liften to a word of thi$ part of the Cory. 
And accordingly Virginia by her intrigues 
on the one hand, and her negro-make- 
weights on the other, will govern us as if 
we were a mere fief of the ancient domin* 



ion. 



^eltttetr. 



FROM tHE COLUMBIAN CENTINEL. 

Mr. Russell, 

IT was well known to the Federal Elec- 
tors of Prefident and Vice- Prefident, pre- 
vious to the late choice, that the laU Pre- 
sident of the United States would not 
(land a Candidate. — Had be confented, 
he would unqueftionably tiave had their u- 
nanimous JuffTagt. — ^This knowledge o- 
bliged them to feek for perionageson whom 
to confer tlieir votes ; and it is highly hon- 
orable to the gentlemen voted for, that 
without any previous concert or agree- 
ment, thev were unanimous in favour of 
CHARLES COTESWORTHPINCK- 
NEY, as Prefident. and RUtUS KING, 
as Vice. Prefident, This has mortified the 
democrats not a little, as they were Iedt6 
expeQ^ on the authority of the Aurofa 
(celebrated for its rigid adherence to truth J 
that their votes would be for Mr. Jeffer- 
son. In the paroxifmsof their chagrin, they 
now bellow out, Who is this CHARLES 
COTESWORTH PINCKNEY ? But 
are filent as to enquiries relpe£ling Mr. 
King. As they appear to know the latter ; 
and as thev may be anxious to be acquatnted, 
who the former is ; you will do well to 
repulrhfb the*^ following anfwcr to the 
queftion — 

Who is Gen. Pinckney ? 

This queftion is frequently aflced by 
Jacobins. As we have but a poor opin- 
ion of their knowledge^ we will endeavour 
to inforiDthem whonc is> and what bets. 

1. Gen. Pimkneyisanativeof Ji^ttMCa- 
rolina ; '\$ the fon of the Chief Juftice of 
that (then) colony ; and is in the 59th 
year of his age. 

s. He was for many years previous to 
the revolution, an ardent and patriotic 
Member of the General Affembly ol Souths 
Carolina. 

3. He commanded the firft corps of u- 
nitorm volunteers in Charlejlon^ in 1773, 
&c. 

4. He was M^jorof the Firft Siate Re- 
jira.m) after the cofDiseocexBcnt of the 



• war, of which the late Gen. Gadfden was 
: Colonel. 

5. He was afterwards promoted to the 
command of that regiment, and aflifled at 
the defence of Fort Moultrie, in 1776, 
againft tlie Britifli under Sir Peter. Parker 
and Gen. Clinton; 

6. He was aid-de-Camp to Gen4 
WASHINGTON, in the battles of i^ro/i. 
dywine, Germaniown^ &c. 

7. On the re-invafion of the Southern 
ftates, he ref umed the command of his re- 
giment, and headed it in the affault on «Sa- 
vannah'. 

8. He was engaged in every important 
a^ion in Georgia and South^Caroltna, pre- 
vious 10 the fall of Charlejlon. 

9. He was entrufled by Gen. Lincoln 
with the defence of the important pafs of 
Fort Moultrie. 

10. He was madeaprifoner by theBrit- 
iOi, at thefurrender otCAar/e^(7/7. 

11. He was kept prifoner until nearly 
ihe cloie of the war ; during which time 
tiis beautiful feat near Charlefion was burnt 
to the ground by the Briiiib, becaufe of 
whigifm. 

la. He w^ made a delegatein the Fed- 
eral Convention 10 1787, and figned the 
prefeot Confiitution of tiie United States^ 

1^. He was a friend to the French Rev- 
olution, until its crimes rendered it the 
abhorrence of all good men* 

14. He was Commander in Chief of the 
Militia of 5^tiM-£ari^/tiitf, in 1794. 

1^. He was offered the office of Secre- 
tary 0/ l&iate on the refignation of Mr. 
J^ff^{fo^^ and a feat on the bench of the 
Supreme Cour: of the United States, by 
I Prefident Washington ; but he declined 
them. 

16. He was appointed by prefident 
Wafhington to fucceed Mr. Monroe, as 
Minifter Plenipotentiary to the French 
Republic ; which he accepted : But the 
infolent republic refufed to accredit him. 
— The world well know the perfonal dan-» 
gen which lie then braved while onpro- 
tefied by the law of nations, and abandon- 
ed by a profligate government to the regu* 
lations of their own police againil foreign* 
ers. 

J 7. He was nominated at the head of 
the iecond embafTy to Paris, in company 
with Gen. MarQiall, and Mr. Gerry.— 
How well he then behaved none hut the 
mofi ignorant are unacquainted. — Giles of 
Virginia^ confefled that Gen. Pinckncy 
had condtt£led •• with difcretion and atil- 

18. He was Major. General of the pro- 
vifiona) army, of whichCen, Wafliingcoo 
died Commander in Chief* 

jg. He is a perlbn* ol whom the late 
Prefident Adams, in the frocerity of bis 
heart, hai Uifif that he knows of 00 Gca* 



No. 6. 



(^ ^simtt. 



43 



tleman wbore chara£ler 4ind condud is 
more deferviog of confidence. 

to. He in a man who alfirays follched 
the poft of dan«r?r :— 4 man of ^reat lejjal 
knoMrWje ;• a m^fculine and nrrvoiii or- 
ator ; anH a m*n of pore morals, and of 
vnafiefied n^^^v. 

SacS isCHARLES COTESWORTII 
PINCKNEY, who h^j^jnft Seen voted for 
by the F<dera! Elcftors as Prcfident. Let 
the world (hew a man in whom j[rf ater fet*. 
vices« and better qaalificalions are united, 
it it can. , 



atterarp Motitt 



A NATIVE POET, 



A 



^ ^ MANUSCRIPT poem, enti. 
dcd •• 1 H£ Shade or Plato, o^^k de- 
nsCK OF Religion, Morality and 
Government," has recently been put. in* 
to the hinds of the ed tor of the Balance, 
for publication. It is the prodnfHon of. 
an obfcure and inrli^cnt (hoemaker, who 
refides in Maffachufctts, and whofe oppor- 
tonkies for literary acquirements^ have been 
▼ery few. Like Bloomfield, he has been 
under the neceflity of laboring diligently 
at his trade, infomuch that his threads and 
bis verfes have befen meafured at the fame, 
ttme-^he has fliaped his ideas while (hap- 
ing bis vamps, and poimed his farcafms 
while poiolilig his awl ; and his lines are 
as well tnatched as if formed on one 
• ^ifi. But were we to judge only from 
the work itfclf, we fhoold imagine thae 
the antbor had had all the advantages 
to be derived from a rood education and 
extepfive fcadii^* Devoid of that gjit- 
fering tinfel, and fenfelefs hombaft, which 
too much abounds in modern poetry, this 
Httle work is remarkable for found fenfe, 
exprefled in plain, correft and familiar 
tangua^. As the writer is in needy cir. 
c»imftance$,and we propofe to publifli the 
poem folely for his benefit, it would per- 
haps be improper to give copious extraQn, 
btit we cannot deny ourfelves thegratifica-. 
tfon of copying a f*w fpecimens. 

«« PHILOSOPHERS, with aU their skilU 
Cant regulate the puhlic wjll ; 
Or iMinith local prejudice 
Frwi such a temper*d race at t^is. 
CH'Idren to parents will be ilear, 
THottgh fife and faggot interfere : 
Miieri may y»e!d tlwir wealth to force, 
Yetttiift will not their mind* divorce. 
Or make the coffers whic^ thej prtae, 
Seem less delightful in their eyes 

« Nor cati these sons of light remove 
Revenge, disgwst, or partial love j 
TVte Oil this eav«h will have apiece* 
Aai efae |irepoesest yowr race : 



Promotion will alltirethe mind-p« 
Pleasure its advocates wUl find—* 
Deceit and fatshood will intredt 
Up^n the wea!«r mnltittide i 
And prida, when it is fully grown, 
AVai find raaterijls for a throne.'* 



^ The heart of every man is prone 
To cherish passions of his own^ 
And yet, aa anxiously inclined 
To have all bat his own confin*d : 
Thus discipline, and slavery too. 
From selfish principles accrue ; 
The first, self interest does provide. 

To bound the rage of lust and pride — 
The last, by which yow race are curst. 
Is bnt the product of this lust. 

And springs from mutual strife to be 

From all subordination free. 

Hence these will both on earth remain. 

While there's ambition to restrain ; 

And this will ever be the case. 

Till Heaven regenerates your race ; 

Till the great God who reigns above. 

Diffuse more charity and love. 

And makes the hearts of men more prone 

To think each other's good their own. 

•« Tho* pride inhabits every breast. 
It can be partially supprest : 
Restraints, if fumish'd in its prime. 
May check its progress for a time ; 
As streams that flow witli mod'rate force, 
May be retarded l|i their covrse ; 
Yet i^de lik^ streams that never fai^ 
At length will o*er restraint prevail. 
And inward to oppression tend, 
Aa ^vera to the ocean bend r 
^ ^for can all human art display'd, 
The cause or conaef^uence evade.** 

We (hall (hortly iffue propofals for pub- 
lifhing this poem, when we hope and truft, 
the friends of genius will give it a liberal 
patronage, and thereby renrfer a poor and 
honeft man, the afliftance Ire richly merits. 

BALANCE. 




<a>itot'^ Closet 

PEACE! PEACE! 

The aniipathy to ihefmell of gun-^ow. 
der evinced l)y our prefent adminiftrauon, 
however it aiay excite the derifiotfof fed- 



eralifls, wiH neverthelefs romtrand the ad- 
mimtion of all peaceable citiyms. Mr. 
JefTerfon has endeavored to enforce, both 
by precept and example, the pacific and 
philofophic doGrine that the ** eff^Con of 
human blood" ought ever, at all evenM,^to 
be avoided. He has been laboring for 
years, to put down the ^frTiirafical and arifto- 
cratical old notion, that " toenfure peace, 
we (hould always be prepared for war ;'* 
and to eftablifh in its place the milder 
principle, «« that the tejl w^y to fecvre 
peace, is to deprixte the nation and indi* 
vidnaU of the weans of waging war.'* 
Finding the people too pervcrie to be piir- 
fuaded by the fage maxims of wifJom and 
experience, he has at length been com- 
pelled to rcfort to force, and has aftnallv 
pot a bill (commonly called the charance 
hill) almoft thronch congref*, the ohjeft 
of which 1% to reflrain our merchants from 
arming their vefTels with any offenfive 
weapons, and from carrying any ^t«a^<?af- 
der or balls to fi-a. Nay, (o far fuive tfie 
humane and philanthropic views of oor ad* 
miaiflratioa extended, that the wicked and 
m^fchief.ma^ing fhips which carry arma 
and ammunition to fea, are in future to be 
punt (bed, by fine, imprifonment and death ; 
and not the people on board of tliem. 

To thpfe who admire this humane poli- 
cy, ft mo^ afford great confolation, to 
learn thai jt is to l^e purfued, until a total 
reformat ioh takes place. A fnll, it is farid, 
will fhortty be brought forward in Con- 
grefs, for preventing the manufaf^ure, faje 
or ufe of gun -powder, buHets, or fire-arms 
in the United States. Officers will he ap- 
pointed in every town and village (a fine 
opening for needy r (fire fee keni) whofe 
duty it will he Ko vifit all the flores, ware, 
houfes Tk^A dH'clMnjrs within their re rpef>* 
ive jurifdiftion^, and tofeize all the ofFen- 
five' weapons and warlike materials found 
therein. The mufkets, pifiols, .^c. tskeis 
iri this way, are to be ftripped of their 
locks — the fwords and cutlpffes riretted 
into their fcabbards, and then fent tn 
•♦ our f&i^khors'* the Indians. A'l th^ 
gun- powder thus feiy.ed, will be coHefttd 
tojjether . and formed into (kv,rocketie, 
Tquibs and crackers to be let off on Mr. 
J ffeffon's birth-day, and on the glorious 
anniverfary of the acquifiiion of Looifia. 
na! 



ii4 



<S|^ SNEatiee* 



Vol. IV. 



&tau 'fittmtt^. 



} 



Tnafurer^s Offiuy Albany ^ ^^d Jan. 1805. 
SIR, . 

I HAVE the honor to cnclofe a (laterocnt of the accounts of 
thcTrcafury,wiih a fmnmaryof the receipts and payments forth/*, 
year preceding the feth of January inftant ; to which is annexed 
a certificate ol the committee appointed to fettle and audit the ac- 
counts oi the Treafurcr. 

I am, very refpcflfully, 
Sir, 

Your Humble Servant. 

ABm. G. LANSING. 
The Honorable Alexander Sheldon, . , 

Speaker of the Houfe ofAJfembly. 

TREASURER'S OFFICE, 
State of New- York. 

A Statement of the Balance in the Treafury^ and due to the 
People of this State, with a Summary of the Receipts and 
Payments from the 8M January laft^ to the gt/i January in- 
ftant : during which period, thefollowifig Sums have been 
received into the Treajury, to wit: 

D. C. 

For iniereft on the debt due from the Bank of 
New. York 

three per cent, fiock, 
loan of 179s, 
loans to indivtda^ 
^ New-Pcterfburg mortgages, 

Nathaniel Mallory &others,do. 
• iotereft and part principal on the loan of 

Brothertown mortgages, 
Saratoga do. 

Oneida 4fe# 

Cayuga & Onond^^ do* 
mortgages on ioriei^ed eftatet ^ 
do. on lands in the Royal Grant, 
do. for loan of fchool monev, 
Dividends of Profits on Bank Stock, viz 
Bank of New. York, . 
United States, 
Albany, 
Farmers' Bank 

For arrears ot taxes, intereft and charges, 
the dire6l tax, 
quit rent, 
commutation lor quit rent, 
vacant lands, 

duty on fates kt pi^blic au&ion, 
rent of the government houfe in N. York, 
do. of land attached to theharfeoals, 
fees received and accounted' for by the 
fecretary and furveyor-genef^al. 471 71 

From John Woodworth, attorney-gencral, in 
part of a Judgment obtained againlV^ John 
M*Arthur, 464 

the fuperintendent of the Onondaga 

falt-works, * ^A^5 6^ 

managers of the lottery for the encour* 

agement ol literature, fi^«ooo 

Daniel Bur(, Jan. for rent oi land leaf, 
ed him» 10 



75'7^5' 48 
«3>358 60 


27.384 


43 


1,890 




176 


•4 


6° 


17 


5,018 


87 


»'537 


86 


64^ 


«4 


19,687 


5« 


12,400 


>7 


' 130 


53 


250 




J.509 


67 


i, VIZ. 




4'5oo 




5.168 




8,500 




729 




«». 736 


29 


601 


41 


4.946 


53 


1.384 


75 


9.728 




56.322 


69 


2.594 


82 


«5» 


25 



From A. G. Mappa, on lo^n for improving 
a ro^d in fhe county of Oneida, 

John Jay and Auguftus Van Cortlatillf, 
executors of Anne'Chambefi^ for 
principal and interefl of a mortgage 
executed by David Fowler to the faid, 
Anne, ' 
John M'Lean and Peter E. Elmendorf, 
tor furveyjng fees, 
For pedlar's licences. 

From the Bank of New^York, borrowed by 
the comptroller^ 



500 



2,602 

8,840 
20,000 



2; 

25 



by 



8,217 99 



Amount of receipts, di)ll. 334,6(72 

Payments out of the Treafury, on iVarrants ijfued 

the Comptroller. 
To diftrifl aitornies for their fdrvtces, 

members of the legiflature, tlieir ofBcers 

and attendants, 
.council of appointment, 
Infpeftors of the ftate*prifon, 
for the monthly pay of the 

guards, « doll. 6,335 23 

pay of the keeper, af- 

fiftants and clerk, 6,703 35 



4^376 
H69 



theufeoftheinftttution, 4^000 

amount expended by 

them inthe year 1801, 214 



45 



appropriated for their relief by a£l 
of i2ih Nov. 1804, 
brigade inrpeftors, for iervices, 
•verfeers of the poor for the luppoft ol in* 
firm flavts, 
dov da. ' children 

of flaves, > 
officers ot gpve^rnmeiit for their falaries & 

additional allowance, 
countiy treaforers^ out of the arrears ot 
.taxes, 
treafurer ot the hofpital in the city of N. 

York, \ '' 

country clerks, for notifying officers/ 
(heriffs/ for balances of their accounts 
corporation of the city of New- York, on 

the lo^n aflTumed.by the ftate, 
Mary Hanfon, tor her annirity, 
Catharine Paris, for her penfioDi 
John Sweeny, for his do. v 

claimants of lands in Vermont, 

fold by the commiflion* 

ers of forfeitures^ . 

cl^ks of counties and roeiTengers for re. 

turning trantcripts of Votes, 
George Caines, reporter to the fupremc 
court, fcge bis fervice:?, 
For expcnces of the fecretary 's office, 

Indian annuities, with incidental charges 

and expenfes of paying the fame, 
fupport of the Brothcrtown Indians, 
repairs^of arfenals and military ilores, 
purchafe of arms and military flores, " 
incidental expences ot government. 
To truftees of Cotuthbia college, for prefcrv- 
ing the anatomical mufeum, and for pro« 
curing additional articles thereto, 



i3<^3* 58 



4.214 45 



ag.O'^o 




772 


5» 


ic6 


50 


«Q.8«9 


81 


99.60^ 


68 


15,989 


59 


aeo 
3-303 


3f1 
86 


10,080 

187 

75 

50 

24 


50 
93 


47. "5 


>3 


1.048 


75 


4«5 
^^550 




10,619 

2.142 

1.444 

*'397 
321 


99 
79 
93 
M 

lU 



;oo 



No. 6; 



<fi|e JPdantt 



4.5 



oanzfeoicfcnau .>] 



QjSSSXS 



tniftcegof U»ton colfege; *orimeTefl oo thfe 

Farmou-^ baiik; ioru netpifirbu on soo 

Solonjon Van Renffclaer, for poftage of 

officiil fetters, • 
Eliflia f enlcifj*, do 

To Jonathan Packharft, purfuaoi tO'ad, 6 h 
April, 1803, 
. the eomrniffiohers for cxtwgmfh'mg 
feFaitnsto lorfeitcd eflatei, for clerk hire, 
the freafurer of the city of New-Yorfc> 
for the fupport of foreign poor. 
B^nk of New.Ybrtfor principal and in* 
lenrft on monies borrowed, ^ 

do.- for intereft on For titer !o9n$, 
commifTioners for fettling difputes in O- 
nondaga> and their clerk, f^r fer* 
vices, , V. 

'do. of the heahh-of&ce in the crty of 
Mew.York, 
for redemption of ,publi<: fecurities, 
printing performed for the ftate, 
entertainment of Indians vifiting the feat 

of government, 
amount erroneously paid for taxe5» 
do. for quit fent,* 

To Eliiha Jenkins, the additional falary aIlov«. 
ed him, on account ol the ipcfeafed 
duties of his ofllice, 
dollar repairing the feal firth of his ofEco, 
Thomas Tillotion^ for proc\iring ttpoeou 
^ piet of a book contaiain^ returns 
o^T^erfofis entitled to a»Utary boun- 
ty lands, 
do. for ftahdard weights aiitl metfures. 
do. h>r book-eafes for bt$ offica^ 
Abraham D. Lafifing^tor rerfrand jk^xci^ 
ontbehoufeoccupiedby the^vern* 
• . or, • 

Charles D. Cooper^ for his fervices as 
hMlth^fficer oi the city of Albany, 
for the year 1803, 
Solomon South wkk, tor making an index 

to the Journals of the Affemtly, 
Henry I. Bleeekef , for do. do. to the 

Senate, 
the com.roiffionert for opening certain- 

great roads, 
. Aoz>A Bancker and Henry Eckford and 
Letter Beebe, for rent of ground on 
which fortifications were ere&ed in 
New- York, 
Lodowick & Sherman Miewit, due them 
on fettlemeot of their mortgage on 
t^nd in BrotbertoMTD, 
Sundry perfons on loan, out of theinoney 
paid into the treafury by the man- 
agers of the lottery for the eacour- 
agement of literature, 

Samuel Ofgood, in part, for the redemp* 
tion of lands fold within this ftate» 
under the autbority of the United 
States. 

Silas Stowe, Waller Martin and Ja* 
cob Brown, commifEoners of roads, 
amount loaned by A« G. Mappa. 



700 



X,00Q 



li 


63 
11 


ICO 




«5 


25 


i«.5«5 


69 


20,360 
8,^80 





459 



- 68 
4.8ifr 


55 
50 


«4.5 
81 


65 


65 


2a 


500 




n 




59 

«47 


If 
6* 


«4» 





780 50 
30 ^ 

12,500 

'686 
20 93 

11,600 
3.000 

^00 



Nathan Sage and Peter Golt, purfiiSritto 

aft, 7ih April, i8<?>}. 
Smith & Boarfhnaii, for Icrvices pcifor- 
. . tried by them, 

. Simeon Ds Witt, for furrey^, 
Forrepairs of public building in the city of 
Albany t 



7^5 S« 

5 
1.731 fi 

y6 29 \ 



Amount of payments, 340,627 98 



The balance in the treafury, 8ih Jan. lad, was 37,829 lo 425 
The amouqt of receipts* fince tbat period, is 334 602 14 
Tbe anlount of payments, from 8ih January 

fafttotbe 9ih January inftant, is 3^0 6^7^ 08 

bills of credit emitted in 1788, now in 

the treafury* 603 y^ 

' — 341*231 73 



3t,i99 5* 425 



Balance ditfe from the treafury, 
Errors excepted, 

AB;m. G. LANSING, 
Albany^ the ^th January^ 1805. 



WE, thfc Subfcribets, DO hereby certify, That in purfuanct 
of the concurrent refolutions of the. honorable the fenate and 
afTembly, of the 31ft day of March, one thoufand feven hundred 
add ninety-eight — we have examined the accounts of Abraham G. 
Lansing, Treafurer of this ftate, from the eighth day of January, 
one thoufand eight hundred and four, to the ninth day ot Janua.. 
ry ioftant, and that we find t}iem regularly ilated and balanced : 
And that there is due from tie laid Treafurer to the people of 
this State, (exclufive ot the bills of credit) a balance of thirdly- 
one thoufand one hundred and ninety-nine dollars, fiiiy.one cenu, 
four mills and one fourth part of a mill t And that the faid fum, 
together with fix hundred 4md\hree dollars and feventy.fiye cents, 
in the bills of credit, emitted in 1788, is aftually in the treafury, 
or depofUed as the law diteiEls, 

Witness our hatids^ at the citv of Albany, this 2^d day of 
January, in the yedr of our Lord, one thoufand eight bun- 
dred and five* 

AB*M TEN BROECK, 
JOHN TAYLER, 
G. W. V. SCHAICK. 



OF HIS EXCELLENCY THE GOVERNOR. 

GENTLEMEN, ' 



L 



__HAVE the honor to fubmit to the confideration of the 
legiflature, a concurrent refolution of the fenate and houfe of 
commons ol the ftate of Nortli-Carolina, tranfmitted to me tor 
the purpofe by the exec;utive of that ftate*. 

That 1 may not too frequently interrupt the delibcraiiohs of 
the two houfes, I avail myfelf pf this occafion to lay alfo before 
them fome c>rcnmftan(ies which have occurred, and fome ideas 
which have prefcnted themfelves, fince I had the honor of ad- 
dreffing them at the opening of the feflion, which Appear to me 
fuificiently important to claim their attention. 

The Cayuga nation of Indians have exhibited a formal com- 
plaint againft certain citizens of this ftate, for intruding and com- 
mitting trefpaOes upon thek refer ved lauds lying in Cayuga county. 



I 



46 



file 2S^a{^^. 



For 1805^ 



They a(k the aid ol theftafc to icfiore them 
to the pofleflSon ol tbcir propeny, with a 
compenrition in damages for the injury fuf- 
ftained. A provifion, (imilar to that which 
obtains in cafes f»ftrffp;i{r« committed on 
lands of "the Oneida or S'ockbridge, In- 
djans, would, I prefume, be adequate to 
the otjeO. 

Gautinonty, a fartge, ttyling bimfelf 
chief ol ihe Ofwegatche nation^ is now in 
this city, reprefenting a grievance which 
he prays the government to redrefs. 
He dates that his tribe is the parent ftock 
of the Onondagas andCayu^as ; that they 
have poffcffed, from time immemorial, a 
tra£l of country extending along the St. 
JLawrence from the mouth ol Ganonoque 
river to Cat Id^nd, a diftance of about 
feventy miles. TbJit the boundary between 
them and the St. Regis or Canawaga, In- 
dians was, by confent of parties, fixed and 
eflabliflied by Sir J >hn Johnfton, who for 
that pnrpofe, ereded a monument on*ie 
faid iflind. That the Britifh government 
built for them twenty framed houfes near 
the Ofwegatche river, where lomeof them 
Hill remaib, deriving a fuhfiftence from ag- 
ricultural purfuits. That the ftate claims 
* title to their lands by virtue of a purchafe 
of the Canawagas, who had no right to fell 
them, and that they have never received a- 
•y compenfation. That perfons claiming 
title under the ftate have ordered Acm to 
quit their habitations. That it tstheit wi(h 
to remain where they are, ^d that the ftate 
would fecure to then) each a farm, with a 
competent portion of hunting ground. 

From documents on file m the execu« 
tive department, it would appear thatrkhis 
is not a novel claim. That its being.dtf- 
regarded, is, the confequence of a dec1ara« 
tion of the St. Regis Indians, that thofe of 
Ofwegatche were their tenants at fulfer- 
ance. Oppofpd, however, to the truth of 
this a (Frr tion is, an attemjpt made by the 
Cinawagas, in 1603, to juftify trefpaffes 
comm\nedx>n Raptde- Plat iflands, by pre- 
text of a purchafe made by iliena of the 
Ofwegatche* 

An examination of t'lis claim, in fome 
mode which the wildom of the legiflature 
(hall fugjjcft, I have ventured to alTure the 
chief and his followers, will not be denied 
them. They wait the refult ^l this com- 
munic^tion. 

At the USi frllinn of the lejjtdarure a 
very neccffary and important geper^l reg- 
ulation, as to carri-*gcs pafling each other < 
on 5)ublic roads, washy law eilahliflied. 
Partial regulations, diff^rinsf 'romthisgen- 
eral one, Tiave previouily obtained in cer- 
tain counties, in confequence of laws for 
the purpofc^ doubM have ari fen whether 
they are not ftiil in force. In fome io- 
ftances they hftve been adi^ered to wiih a 
pertinacity which has prodncci ferious 
confeqijence«. Although, ^s a q^jcflion t 



of law, there can be no doubt on the fub- 
jc3, ftill at every roan is not t lawyer, I 
(ubmit the propriety of leiiving no room 
for doubt by a direfi abrogation of all (itch 
partial regnlatiors* 

Thf a«s for giving relief in cafes of in- 
folvency, and of abfconding and abfent 
debton, might be confiderably improved, 
by giving greater publicity to the feveral 
notices required by them. — A defeft in 
this particular is frequently attended with 
inconvenience and Icifs to creditors under 
the former, and to debtors un<?er the latter 
aS. Publication in at leaft onr, if not 
more, of the newspapers printed in the city 
of New- York, would, from the extenfive 
circulation of thofe papers, in a great meaf. 
ure remedy the evil. 

The length of time which uravoidably in- 
tervenes between the clofe of each fefTion 
and the publication of its laws in a voliime, 
has been the fubjeft of almoft general com- 
plaint. Permit me to fuggeft the expedi- 
diency ef caufing each aft, as foon as it 
(hall become a law, to be publifhedby au- 
thority, in one newfpaper at the leaft, in 
each great diflrift of the ftate. This fyf- 
tem, with triflmg variations, has been a- 
dopted in fi?veral of the ftates. The ex- 
pence will be a ffnall objeft, when compar- 
ed with the advantages which will refult : 
for, in addition to ftlencing the above 
complaint, it will afford an eafy mean, 
whereby almoft every citiaen of the ftate 
may furnifti hiinfclf with a pppy of the 
laws. The mode adopted tn fome of the 
ftates IS, for the fpcrctary to caufe a fuffi- 
cient number of copies of each aft to be 
cut ovit of the official paper publifhed at 
the feat ot government, and after colla- 
ting them with the original on file^ to 
tranfmit them to the feveral printers. 

>10R'm. L^WIS. 

Albany t a8/A Jan^ 1805. 

NORTH-CAROLINA. 
It^LiiGH, %tk January^ 180,5. 

SIR, ' 

- THE legiflature- of this ftate have re- 
quefted xr\t to tranfmit to your excellency 
tne annexed refolutions, propofing an a- 
mendment to the federal conftitution, 
with a requ#ft that the fame mav he laid be- 
fore the legiflature of New.Ypik, for 
their concurrence and adoption. 
I have the honor to be, Sic, 
Wiihijreat refpeft. 

Your excellency's moft 
Obedient fervant, 

J. TURNER. 
//?> excellency ikt gorurrtor \ 
of ih$,Jtqte of New.York. J 

NORTH- CAROLINA. 

IM SEI^ATB, NOVEMBSR 29, 1804. 

RefotveJ, That our fenators in the 
congrcft of the Uni^^d States ba inftruc- 



ted» and oor reprefentativet requefied, ta 
take all legal and necefiary ftepa, to ufe 
their tttm<% exertioot, at loon at the fame 
is prafiicable, to' obtain an amendment to 
the federal conftitution, foas to authorize 
and empower the congrefs of the United 
Suies to pafs a law, whenever they may 
deem it expedient, to prevent the fur- 
ther importation of flaves, or people of 
color, from any of the Weft-India iilands, 
from the roaft ot Africa, or clfewhere, 
into the United State&, or any pf rt there 
of. 

Refolvid farther^ That the Governor be 
and he n hereby requefted to transmit cop- 
ies of the foregoing refolutions to our fen. 
ators and rcprefentativcs in congrefs ; alfo 
to the executives of all the different Statra 
in the union, with a rrqueft that the farr^e 
may be laid before their refpe&ive legiiU- 
turcs, for their concurrence and adoption. 

iO : RIDDICK, S. S. 
I. STOKES, Clerk. 

In Hotife of Commons^ 14/A Dec 1804. 
Read and concurred, with. 

S. CABARRUS, S- \l. C, 




Be it oiir weekty taik. 
To Mce the passing tidhigt of the timea. 

^^On^ February 5. 

A fevere* thunder.ftorm was lately ex- 
perienced at New- London. The light- 
ntg Vfvid, the thunder heavy and rain fell 
in torrents. 

Mr. Bnrr haa obtained leave of ahfence 
from the Senate, and his arrival has been 
announced at Philadelphia. It is fai<f. He 
is going to New. Jerfey, to take his trial-^ 
but we don't believe it. 

AmVofe Spencer and L«c;»s E'pier- 
dorf, are choien hj the legiflature, R^-r 
gents of rhe Univerfity of this ftate, in pla'-e 
of the Hon. P. Schuyler and the Rev. N, 
Kerr, deceafed. What next? 

The frnthem mail informs ns th^Jt l^e 
Pennfylvama Judges have beenacqnittrd ; 
the votes were 13 guilty, 11 not guii^Vf 
hot as the conftitution requires two thirds 
they are of courfe acquitted. 

lEtm. Pojl.'] 

Attempts to fet Sre to the city ol New* 
Yoik cootinqe to be made. 



No. 6. 



Clje 25alance* 



i^tm 



Mt«^W#* 



47 

— m 



KEW COUiiTY. 



A petition has been prcfentcJ to.the Le- 
l^iQjmre pr«ying the crcftion of a New 
County, to be tormed ol th* Ciiy a/ Sc/U- 
ntSady^ and Ihe Town* of Duanelbargh, 
Prineeiowa and GbilierUnd/in thccoun- 
tv of Albany, and oi certain pans of the 
Counties of Molntgomery and Saratoga. — 
This petition io the Houfe of Alfembly, 
hat been referred to a committee confifl'- 
ing o( the members attending the Hou^b 
from the faid three Counties.— ^/iS>. Gaz, 

0n Monday laft, a law pafTcd tiie^egiU 
lattire 6\ tlys ilaie, anthorifing the Corpo»- 
Tation\ 't the city of New- York to pull down 
the balfions oi the battery in Rhineland- 
cr's wharf, for tue), to be appropriated for 
the ufe of the poor ot that city. Ibid. 

A lar^e fhip, fuppofed to be the Britifh 
frigate Revolutionaire^ is on flioreon Long- 
Iflaod. 

Mr. M'lntyre's three boyi, who were! 
fo imprudent as to venture upon the ice, 
ooe day laft week, in the north^river, we are 
credibly informed, wereali foundi frozen 
to death, on Sunday laft« near Blackwell's 
Ifland. The tide carried them out fome 
dtftaace below the battery, and when it 
toined drifted them up the eal^ river. 
Tbo3» by an ill judged termerity, they fiave 
dug for themfeives an early grave, and 
plunged in immeafuraUediftrefs their tarn* 
lies and Ui^nd^i.^^MtrcantilB A^, 

The 3paniQi frigate La Madre de l^doi 
Jos Sano6, from Vera Cruz, has ti^en cap- 
tured bv the Bfitiih privateer Lord Mel- 
ville, after an afiioo o( five hours. The 
latter had 12 killed, and 32 woun4ed ; the 
Spaniard lofi 40 killed, and had 70 wound- 
ed. 4 

Some corioGty has been excited by the 
ia£lihat Mr. Buir and Governor Bloom- 
field of Ncw-Jerfey, have both been for 
feveral days in town. hit well known 
that Mr. Burr Hands indiSed, by a grand 
jury ot that £ate, of the crime of murder» 
It is alfo known that Governor Bloomfield 
is the warm perfona! friend of Mr.. Burr. 
— It IS further knpwn that Gov. Bloom- 
field pofTcifes the power of fcreeninga cul- 
prit from trial in the llate of New-jerfey. 
What connexioQ thefe fafis may have, 
and whether they have had any influence 
in producing a meeting of thcfe two gen- 
tlemen out of the fiate ot New- Jcrfey, wc 
leave to the conje£lure of our readers. 
U. S, GazcUe. 

Late European accountt ftate that the 

American prifoiiers are ufed with much 

ieverity at Tripoli ; a number of them are 

,, yoked daHy to a large waggoii| and wheo 



heavily loaded wiih wood, are compelled 

to draw it back again. And yet wt art 

told by our govern men ty that thefe poor 
prifomrs mujl wear iheir chains at leaji 
another year ! 

From a Load on paper (sf November 7. 

A letter from Spain has the following 
remarkable palTaere : — You will be furprif- 
ed to hear ihdt fo weak a goyerninent as 
ours ihould enter iuto a difpute with the 
United States oi America* and upon fuch 
extraordinary grounds* When Louifiana 
{ was ceded to Pranjce, it was generally un- 
' derflood that the cefliou wasabfolute ; nor 
could it be imagined that the Spaniffa gov- 
ernment would have taken any exception 
! to whatever difpofiiion might be afterwards 
made ot it. It it to the grand intriguer, 
I the difturber oi Europe, that all the mi f- 
; chief which has been made is to be traced. 
Bonaparte gave the Cabinet of Madrid to 
underftand, that he accepted of Louifiana, 
only ^o enable him to prote£l more efie£l. 
ually the Spanifii Colonies againil the Her- 
etics of England and North America, and 
to ftrengthen the alliance between the two 
great Catholic Powers of Europe, to whom 
he was in hopes (hortly to be able to add 
the kingdom of Ireland. He had fcarcely 
obtained the ceffion, than, on purpoTe to 
difconcert and diftrefs the SpaniOi Gov- 
ernment, he entered into negociations for 
its fale with the American Agents. A 
compenfaiion oi a very different kind was 
at firft proje£led by Bonaparte. As foon 
as he had aSually transferred the property 
to the Americans, he fet his fpies and crea- 
tures to work to inftill jealouSes in to the 
SpaniQi government, refpeding the defigns 
of America. Even forged letters were 
fubmitted to certain perfons in Spain as 
having been intercepted ; and fome per- 
fons of very hii^h rank were perfuacjed 
that the mines oi Mexico were the real ob- 
jeft with the Hereucs, while they pretend* 
ed to negociaie for Louifiana. At the fame 
time he fecretly encouraged the Americani 
to extend their views to the Flotidas, in 
order the tnore completely to excite the 
jealoufy of a Government bewifbes to ru- 

The Farmer*s. ^K>nitor, printed at Her- 
kimer, relates an inflance oi as (hocking 
barbarity, as we recoiled to have feen. 
One Stephen Arnold, a fchodlmafter, while 
teaching an orphan child who lived with 
him to read,got offended at her for pronoun- 
cing a word different from his idea oi what 
was right, and took her out of doors, ilrip- 
ped her clothes over her head and tied 
them to a (lake, by which (he was fufpend- 
ed'and expofed to the inclemency ot the 
weather ; after which he took a bunch oi 
green rods, tempered them by the fire, and 
beat the child, till it wai of one contiaued 



fore fiom the (boulders to the legs ; after 
keeping i)er in this fituation for the fpace 
of two hours, he carried her in, when his 
l^/iie exclaimed, ** Arnold, I fear you have 
killed the child!** to which he replied, 
^ " wa(h her wkh rum, and give her fome 
j to drink, and (he will do well enough," 
which was done, and the child put in bed, 
where It lay for fourdays, and then, not* 
withftaoding medical aid had been procu- 
red, (h? exjtired. The inhuman perpetra*. 
tor of the deed, escaped. 



Wi^t Htnot 



At Charleston, S. C. M)r. Thomas Skbt^aks, 
one of the editors cf ^ht limes, to Miss CHftis> 

TiANA COATBS. 

In this city, by the Rev. Mr. Wigton, Mir. Rich- 
ard Macy to Miss Hannah Slade, daaghter 
Captain William Slade. 



€Beftnell 




ta Vhsinia, the Horn James. Hbvby, la«e a 
judti^ of the General Court of that sute, aged f3 

. fKt tlhinebeck, a son bf Asa Potter^ jEsq ^g^d 8 
yecirs. 



To Corre^ponlrcnt^^ 

Wc thank * Alcahder' for his contributions for 
the Wrtmb, His productions and those of ♦ C will 
appear alcematel/. 

5pnce^ Current 

AT HUDSON, 

£C0RRECTED WEEKLY,] 

Saturday^ February 2, 1805. 

D. C. 

Pyhedi... a 12 I 

Ryc.A. 1 13 

Corn*. .,4 t c6 

Oats /ri 



Butter 4 fi i 

CAee/e*.,.,. ..^... •.... og 

Lard • ist 

Tallow '. ^. 16 

Bw fra;^MMM.. M.. ^ 



48 



^ Je aSalance. 



VOL.W. 




FOR THE BALANCE. 
THE WINTER'S EVENING, 
e 

OZT is the sun : earth ^nouros his absent be^ms i 
The moon pale ttemUiii^, veiU in cljudsher face. 

No h'ttle twink^er in the horizon gleams, > 
To cheer the trav'IUr't |ievt, or light him to hi* 
phce. 

On Catskill's high, dark mountain tops afar', 
The winds, ^nld raging, nr\U3ter all their store. 

Hark ! the dire noise of elemental war! 
Ue»?^ high, €l<MKl*Vj^tlt«4 Brcftir-ectHJeB ro tho 
roar. 

Yet 1, close seated by the cheerful fire. 
Taste sweetest p'leasures in.a night like'thU j 

Some favorite author's beaittics ) admire. 
Whose moYing, melting strains dissolve the sovl in 
bliss. 

Teihapt the historw- page attention chums, 
^ Where tome fierce Cicr; % lights the torch 6f war j 
Who, while prond cities sink beneath the flames, 
Kidet trif^pting o'er thedeady«nd triumphs in his par. 

•Tis then, O Brutus, I invoke thy aid ! 
1 see thee- starting at thy country's call ; 

I see the debt, long due, to freedom paid ; 
Ten thousand shout thy pndse, to see the tyrant fall. 

O iw I i euw a w iefftitrSotadU «bnd— td arms, * 
My breast, quick^throbbiog, bums to take the field } 

I" snatch ipy sword, qnick fly to fear's alamis. 
And swear to nobly die, or make the foe to yiel^. 

Oft, oVrieme fa>th£bl henUd of the times, 
1 cas^ my eye, l^nd roonm my country's fur^ 
- .^Wherg'aJiaw hiLgUgy i^mtnkiM wr iih l i ei t i ime s. 
Her choicest patriois ble€d,.by democmtic hate. 

When this I rea4 1 see the land no more. 
X float on ** Ubcrty't tempestuous tea,**. 

Where the wild waves oirexwiuthn l*oar. 
And mamfUfftJb mom'tert Uap^ and sjport in ckiodful 
gl^e. 

But shouW some bard, in love's soft, pkying strain, 
"Tune his smooth pipe to carch my \vijj|iug 4iebrt; 

At once I fed the an.\iou8 pleasing pain,. 
Heave love's long, wishful sigh, nor wish to allay 
the' smart. 

PAt:hance tfer sntwe old ghostly tales 1 Icok : 
My blood congeal j ; on end sttiits up my hair : 

In* wild -oflTtighr, I drop Ihe enchaated book, 
A^tremblmg gaise orotmd, to tec soine g^Wm gtarc. , 



Nor shall 1 e'er, O Yonng, forget thy lay s 
A lay, which sorrow chanted to the night. 

Thy strains transport.ut to the realms of day* 
Where joys immortal beam on man*6 enraptar'd 
sight. * 

Bnt 'tis not a!>vays books the Tnittd ^plof . * 
Oft do 1 hold sweet converse with a friend i 

Here do I 6nd life's nwst endearing joy, 
A joy which only flows where kindred hearts do 
blend. 

Hail then, aweet eve \ I bid them welcome here, 
Atid tho! the winds an4 storme without nray irage ; 

*» 1 love thee still," thou ever w'ilt be dear 
While I a friend eon fliid, or poet's sacred page. 

C. 

yojL 26/*, 1803. 



SINGULAR COMBAT. 

AS Capt. Meicalf, his fon, and one or 
two others, from Middletowp, were on 
iheir way to ihis pl3ce, ihc fore part ol iaft 
week, they difcovered, a few rods from 
them, a huge Wolf. He had a fm^Il trap 
hai;jing to one oi his legs, which he was 
caught in about a week before.—- Per ceiv« 
ing him fatigued, thefe men, without dog 
^or gun purfued him— fpllowed hiro nearly 
a mile, and completely furroundcd him. 
The Wolf, finding no means of efcaping 
turned upon his focT— with his jaws fpread, 
and with the? fierccncf? of a lion^ he 
fprung at a fon of iMr. Metcalf, who for- 
tunately clinched his antagonift by the 
jaws, while fufpended, one in each h«nd, 
and held him in that fuuation until his 
father came up and cut his throat.— This 
information we received from Capt, Mei- 
caff, apd we believe ii correfl. 

\C(inanclaigua Pap*'] 

LAW CASE, 

ON Wednefday came of* m the court of 
oyer and terminer, then fitting in this city, 
rhe long depending cau^e between - the 
State of New.York and Dr. Angelis, foFa 
hbel againft one William L. Simers, by 
reprefpniing him as an ignorant q'lack, 
and as being guilty of f rauduleruh felling 
a fporicnjs cornoofition as ^\^^ for rhe Four 
Herb P.lls of the defendant ; theieby in- 
juring the good name, fame, and repuia- 
lion of the faid Wm. L Simers. The 
court illowed the triuh to be given in ev- 
idence ; and upon the teftimony of three 
of the moft refpeSable phyficians \n New. 
York, the hrt^ part bfthechajge was 
fatWaraoriU' proved. The charge of fraud 
not bting fo clcirly made out, the jury re- 



turned a verdi£l againft the deiendaot« 
and fined him five dollars. Th? examU 
nation ot witneflet in this caufe, and the 
pleafantry of the counCel on both fides, 
kept the court in fuch convulfionsof laugh- 
ter as were not reflrained without difficnK 
ty. Evea the gravity of the bench could 
not always be prefer ved, 

Mr. Martin S. Wiljcins affifled the pub* 
lie profecutor ; and Mr. Waftingioo 
Mofton; Mr. Robert Bogardus, and Mr* 
Silvanus Miller, were of counfel for the 
defendant; but nothing Jike argument was 
urged by any oflhero, t be matter tndif, 
cuiBon being of too contemptible a nature 
to be treated ferioufly. The counfel, 
therefore, excrcifed tl>eir talent at biting 
farcafm and bitter irony agaioil quack- 
doQors, criack- medicines, pills, and Re* 
(loratKe ^alfam. 

\j^frcantiU Adv.'] 



SOME Jews coming out of Ncwgatc< 

where they had been or\ a vifit p! condo- 

I lence to a brother ; a wag bMVrvcd, iliat 

they were *• the Untdrfn vf IfnLtl com, 

ing out of the lioujlt of Bandage.** 

\_Lan. p^fi-'j 

THE fevefe corfi|\, fidn of the wcath, 
er has.av lerrgih obliged, the Ladies io wQtir 
petticoats. iuid. 



ff 



' ) ) i I I 



TERMS OP rHE;$ALANCE, 

FOR 1305. 

To City 'Subscfihers, TWo DoUani and Fiftj 
Cents, payable qvtrterlj. • 
j .To*Uose \fhoiecehre them'by mail. Two DoU 
Iqrs, payable in advance. 

To those who taxe ttfeir papers at the office, in 
bvndlas, o^ocherwie^, a ^Udgciion^ from rhe city 
price will be made. 

A handsome Title-Payc and Table of ContenU 
Will accompany the later B«mber of the vnlvme. 

Advfrtisementeir.serted m a handsome and.con- 
gpi-aions maimer, in the Aihicnitef which acc-mpa- 
nie^ the Balance* 

NOT!. 

The Srst serond and third Volumet of the Balanci 
may be had on the following terms •— 

Fir^i Vo(umt^wih6Hnd^-*^ - g 2 

Stcond Vbiufrtf, . • j$ 9, 50 

^hkd Volume, - - . g 2, id 

9be three together, - . g ^, 

If boui.d. the price <5f binding (either plain or el- 
egant) ATill be added.— An uhijoimd volomt may, be 
aent to any post-o(Bcein the.stite for 52 cents post- 
age 5 or to any post-office in-tltt nnion for 78 cenif 



?*S 



HAKRY CaOSWELL. 

Wwrcn^Sareet, Hudson. 
Vit»a< ^ftivTxjiw 131 aaNsftAv u jm»©*TMk 

WITH MBATH^ft AIC»*4CC««ACr. 



No. /. 



COLUMBIAN 




Vol. IV. 



wm 



REPOSITORY. 



" HAIL lACRED FOLIJTY, BY FREEDpM REAE'd I 

•• H^lL EAOIED FREEDOM, WHEN BY LAW RESTRAIM'D f** 

BE ATT IB, 



•HUDSON, (New.York) TUESDAY, FebRcary t«, 1805. 



€Oittnal 



ECONOMY. 



HERE arc a few itctm in the 

report ot the Treafurer of this ftate, pub- 
liihed in oar )aft, whicb claim the panic u^^ 
lar ttteistioii of fuch of our good citizcfii, as 
have bc<n made to believe that the demo- 
crats are the rooft economical people ic the 
world* It will be found that the pretail. 
ing party of Ais ftate (likeib^ of theUni- 
adhSttrte»)'feldoro carry thctt economy be. 
yond their own private concerns. They 
tale care to expend the public money lib- 
ermlly, where they are themfelves to he the 
rrceiv«rt of it ; and never did I yet hear 
that a democrat had felt any compunSioo 
4>F confcience, on account of the largencfs 
of hii falary, even though he had inveigh- 
ed bitterly againft federalifti, for receiving 
the fame amount. 

Amongft the payments out of the Trea- 
ftiry, we find, «• To Elifha Jenkins [Comp. 
troller*] the additienal friary allowed him, 
en account of the increafed dutici of his 
crfEce— ^t/e hundred dollars,** Who 
would have thought, a few years ago, when 
the democrats were clamoring about the 
exorbitance of falaries paid to federal of 
ficers, that they would themfelves not only 
infift on having as high falaries, but re-- 
quire an addition to them 7 This has been 
the cafe under the general governmem, 
and we now find it to he the cafe io*thi* 
ftate. Vfh^i xhcincreafed duties of Mi. 
Jenkins are, we know not. We have noi 
beard of bis having been fobjf fted to an^ 
additional clerk-bire } and «ve knojv, from 



a&ual obfervaiion, that he has not been o*- 
ver-much confined to his office, Wc 
will, therefore, fet down this item, under 
ihe head of Democratic Economy. 

We findalfo a payment to Thomas Til- 
lotfon, which appears to us to heextreme- 
ly economical : Two hundred andjoriy- 
two dailars^for book cafes for his office* 
Thefd book-cafes are undoubtedly very 
elegant, and may be charged low enough ; 
but we humbly conceive that they appear 
better fuitedtothe monflrous extravagance 
of federalifm, than to the plain and (imple 
.economy of republicinifm. Had a feder- 
al officer expended thus much forbook- 
cafe9, every carping democrat in the fiate 
Vould have had a tilt at him \ and we (hould 
have had heard in every bar-room and grog- 
(hop a le£lure on the utility and neatnefs 
of republican pint, ^ut, as it is, we will 
alfo fet down this item, under the head oi 
Democratic Economy. 

We would, had we time, examine fev. 
eral other parts of the report ; but beingi 
at this moment, about to dart for Albany 
to attend the Supreme Courts on the oid 
libel bufne/s^ we will confine ourfelves to 
one or two more items, vi^. 



D; 



c. 



" For printing performed for 

the fate 
•• To Solomon Southwick, for 

making an index to the 

journals of the Afftmbly . 
Add to this; 
To Solomon Southwick, dJt 

clerk 0/ ihe AJfembly^ «- 

bout 



4,816 5© 



&0 



6od 



Making in the*whoie % 5,446 ^o 



If the reader does not already know it, 
we will inform him, that the principal 
part of this fum goes to " the printer to the 
flate '^* for although the name o\ Soiotnt^ti 
Southvick is withdrawn from the firm of 
the Regi/let^ he is equally coccerned with 
Mr. Barber in the emoluments of the hu« 
finefs. Ir was probably found, that, un« 
der the cloak of ^' flate printing^'* that 
tool of flate,. the Rrgi/ler^ could not be 
fupported. An office u therefore beftow* 
ed on Southwick, by which he can enjoy 
a kind ot fplendid flavery. He can pot 
on the livery of his matter— live eaiy^ and 
fare wetl ; "Vhile CHeetham, MitchelU 
Hok, &c. muft, like poor field-flavef, 
perform aH the drudgery, bear all the fiog* 
ging, and after all, not more than halt 
live. 

As to paying thirty dollars^ for making 
an index to the journals— it is perhaps^ 
only about three times as much as it it 
worth, 'therefore, let it all come under 
the old h^ad. Democratic Economy. 



S>^ttW^^ 



FROM THE AMERICAN CITIZEHk 
MILITIA. 

Addrtffed to the Legijlature and Ctftfl* 
man der m Chi^. 

FUNDS. 

AK alteration is much wanted in thd 
military finances. It is certainly wrongs 
hat a captain in tome regiments fhould 
oay put of his own pocket for the publid 
Service «o or 3d dollars a year while othe^ 
officers oi the fame grade attached to otiu 



50 



C]&e SPalance* 



For 1805. 



er regimenls are at no expcnce whatever. 
It is fufficient to give bis time to the pub- 
lic and »ot his money j the caafe oi this 
inequality is, that feme regiments turn 
out all or nearly all the men enrolled ; 
confequemly there are lew or no fines 
levied ttJ^ pay the expence of mufic, print- 
itig ol notices, and other contingencies ne- 
ceffarily incurred. The officers of a regi- 
ment in the brigade to whxh I have the 
honor to belong, inform me that tHey have 
to fubTcribe to pay for their colors whilft, 
other regiments colleft feveral hundred 
dollars at court-martials from wealthy per- 
fons rcfiding within iheir refpeftive beats 
vrho never turnout. From this collec- 
tion«of fines the expences of the regiment 
ate paid ; the remainder is depofited with 
the colonel by the adjutant, and what he { 
does with it no one can tell. 

There fhould be a brigade treafurer or' 
paymafter, to whom the monies collefted 
by each regiment in his brigade fhould be 
paid after d«du6iing the ufual cxpenc- 
cs incurred. The deficits oi regiments 
that do not coUcft fufficient to defray 
their expences, Ihould be fupplied by 
the brigade pay-mailer» and the refidue 
remaining Ui his hands paid at dated times 
into the treafury of the State. Whether 
this plan will be adopted or not, ibme- 
thing is neceflary to' corrcft not only the 
prefent unequal receipts and application 
of military *fines, but to compel colonels 
to account to the treafurer oi the flate for 
the immenfe furpluffes which fomc of them 
have in their hands, ^d oi which np ac- 
count is r^dered. It is fubmittcd.to the 
Governmeftt whether it is proper to per- 
mit, on the part of the officers oi fome re- 
ginienis, a mifapplication of the fines of 
the nature we have mentioned, while oth- 
ers are obliged to bear themfelyes the ex- 
pences oi ihofe very ftandards which are 
defigned as rallying points for the'delen- 
ders of the country. 

OF ADJUTANT GENERAL. 

The exiftence oi this office is indifpcn- 
fible,andit is equally fo that the gentle- 
man who fills' it (hould be, what the pre- 
fent adjutant-general is, a (IriQ difciplina- 
rian and well acquainted with the duties 
of his flation ; he (hould have a falary 
that will enable him to devote all hh time 
and attention to the iervice, and place him 
above influence. He fhould attend all 
regimental ipfpe^ions, receive the returns 
from the brigadiers, and make an annual 
report to government oi the State of the 
armed torce, and the arfenafs. He (hould 
once in every year infpetl into the im- 
provements ol the brigade battahorrs, ex- 
amine the ofTiccrs theoretically, and faith- 
fully report to thofe who may appear de- 
ficient in knowledge of their duty. Ina- 
bility ought to be punifhed by the delin- 
quent being broke and turned into the 
racks. An appeal ia jihis cafe, ought to 



lie to a brigade court-martial at the option 
oi the cafhiercd ofHccr. — Without a gen- 
eral fuperindence of this nature, the beft 
fydem will be loo(e and UQconnefted. 
This officer would keep the whole to their 
duty, and in hitn would be lodged a con- 
centration of the martial authority of th^ 
State. Other fubjefts of improvement 
might be fuggeftqd, but my objeS is not 
to urge perieQion, but to recommend luch 
alteratipns as I think the prefent ftaie of 
fociety will bear. One improvement will 
produce another, and what might now be 
deemed a iiardfhip, may in time be re- 
ceived with complacency. 

I wiffi to fee an organization that will 
give the people confidence in their militia, 
and elevate it iar above its prefent feeble 
and deprefTed (late ; an organization thSt 
in its operation- may place over us gener- 
al officers, in whofe ab^ilities, we (hall put 
full confidence, under any circumftances 
that may arife. 

We can alTert, without being guilty of 
egotifm, that not any nation on eanh is 
better calculated than ours to produce an 
efficient and formidable militia force, in- 
ferior to none in animal courage, and fupe- 
riorto all in independence ofmind, ari- 
fing from the peculiar ftrufture oi our 
government ; qualities from which necef- 
farily flow that elevation of foul fo efTen- 
tial to the exiftence of an army under any 
modification. 

In clofing tliefe remarks, I take the 
oppottuni:y to exprefs a hope, that fome 
other perfon better qualified may come 
forward arid place the fubjeft in a more 
confpicuous and intereftJng point of view. 
I have treated it with 'the brevity of a foU 
dier, and the zeal of a citizen, iolicitous 
that the freedom and national elevation we 
enjoy may be tranfmitted to the remoteft 
poftefity. A MILITIA MAN. 



[With peculiar satisfaction, we copy the following 
Message of his excellency the Governor. When 
we see our chief magistrate bending his attention 
to an objeet so worthy of the ruler of a free peo- 
ple^ we shall not hesitate to lay aside all party 
feelings, and render him that praise which we 
consider justly due. Edit Bal.] 



Mt^^m 



Of his Excellency the Governor, to the 
Legijlature, 

Gentlemen, 

UNDERSTANDING that the atfen. 
tion of the legiflature \s about to be d^reft- 
ed to the promotion of literature, and be- 
lieving that any ideas which may tend to 
cad the lead glimmer on fo important a 
fubjefl, will not be unacceptable to gen- 
:Iemqn engaged in io jacdable a purfuiti I 



venture to offer to your confideration fucb 
as have occured to my mind, with all that 
diffidence which novelty and the magni- 
tude of the objeft is calculated to inipire. 
The plan I (hall .propofe, is bot one that 
can immediately go into full and efficient 
operation.-— The ground work, however, 
ihould it meet with approbation, may, if 
not at the prefent, at the next feffion, be 
laid. : And the lapfe of a few years, ii I 
do not indulge a vi6onary cxpe6iation, 
majr rear an edifice facred to fcience, 
morals and religion, which, (hall exalt in 
dignity the American charafter. 

The flrft effential to the fopport of a 
general literary inftitution, in ail its vari- 
ous ramifications, is the eftabliOiment oi 
an adequate, permanent and certain fund. 
In looking into the* finances ot the State, 
it will be difcovered, that nothing can 
be fpared from her ordinary revenue. 
The unappropriated landi which ftill re- 
main to her, prefent the only fure rc- 
fource. Of thefe flic ftill poffeffes 
1,500,000 acres, which certainly cannot 
be devoted to a more noble end. On a 
moderate computation ^hele l^nds may be 
eftimated as forming a capital of 1,000,000 
dolls, which, at an intereft of Ox per cent, 
will yield an annual income of 6o;ooo 
dolls. The mode of difpofing of them, 
which I ftiould prefer, would be, to have 
them laid out into convenient farms, 
with a price affixed to each according to 
quality of land, and contiguity to mar- 
ket. Sales fhould then be made to ap- 
plicants, on condition of aSual fettlement, 
and patents granted,referving a rent charge 
equal to the intereft on the purchafe-mon- 
ey at the rate aforelaid, with permiffion to 
the purchafer to difcharge the rent at any 
time by a payment ol the purchafe money* 
One, two or three years might be allowed 
free from rent, according to circunidances. 
The advantages in favor of this mode ar» 
many. Honeft indufiry would be fur- 
nifhed with the means of profitable exer- 
tion, without the aid of capital : Pay- 
ment of rent would not be called for till 
it could be made out of the produS of the 
land ; and the expeQaiion of being com* 
pelled to pay a large principal, when ve- 
ry inconvenient, or perhaps impoflible, 
would not be inceffantly damping the ar- 
dbrand the fpfrits of perhaps the wor- 
thy fathers of promifing families. 

To thofe who .©bjeft to fuch difpoft- 
tion, from a defire 10 fee an overflowing 
treafury at the difpofal of the govern-i 
ment, I anfwer, tha^the true riches of a 
State is, its efficient labor ; its phyfical 
flrengih, its yeonjanryj A rich treafury. 
is frequently an evil. It too often be- 
comes the parent of {peculation, and the 
corruptor of the adrainiflrators of the gov- 
ernment. 

The fund being once cftabliflied, the 
next enc^uiry is as to its dipofiticn. Tbit 



-No. 7, 



®Be 25aKance. 



51 



s 



might with Tafety be confided to the re- 
gents of the univerfity. The great out- 
line oi their conduft being defcribed by 
the legiflature. A competent fum being 
firft appropriated for the fupport of col- 
leges, therefidj^ Oiould be applied to the 
fupport, perhaps^ of academies, but cer- 
tainly ot common fchools. Thefe latter 
fiiouid be eilablifhed throughout the State, 
by dividing each county into a competent 
number oFfchool diftrifls, according to 
its geographical extent and population : 
And the regents of the uniyerlity (hould 
have the power of appointing three trust- 
ees for each diflrift, who fliould be author- 
ized to fix the place for the fchool-houjie, 
ereS one where neceflary, employ a com- 
petent teacher, have the difpofition of the 
ionds allotted them, with an authority to 
levy and colIe£l oi the inhabitants of the 
iliftri^l, according to the circumftancesand 
abilities of each, uich further lums as might 
be neceflary for the fupport of the fchool, 
and the maintenance and tuition of fuch 
poor children as may be objb£ls of chari- 
ty. The diviflon oi the county into dif- 
irifb, and the fum allotted to each, to be 
at the difcretioii of the regents ot the uni- 
verfity. 

The fupport of academies by aids from 
this fuud I have flated hypothetically, be- 
^aufe there are many weighty objeAions 
to their compofing a part oi a general fyl- 
iem oi education. Thofe which occur tb 
me, are, the difficulty ot keeping them 
f:oDftantly fupplied with unexceptionable 
leacliers. The academies which have ial- 
(en under my bbfervation, have all of 
ibem been, at fome period, tor months 
without a teacher. This is owing in a 
great meafure to the neceflity ot employ- 
ing young men, jud trom college, who 
jenter into thefe fituations, merely to ac- 
quire the means of profecuting the learn- 
ed profefllons, which, when atchieved, 
they bid adieu to the academy. A fuf- 
penfion of academic inflru^ion is the 
confequence, and beiore a fucceflbr can 
be procured, the Undents are frequently 
difperfed. Add to this, that each new 
teacher introduces a new fyftem of edu- 
cation. The fyftems eflabliflied in differ- 
ent academies alfo vary according to the 
acquirements and ideas of the various 
teachers. A confequence is, the raoft in- 
furmountable dilBculty of purfuing with 
e(fe£l a collegiate courie when the prepa- 
ration has been fo various. 

A grammar fchpol, attached to a col- 
lege, and under the direftion oi its iaculty, 
is free trom thefe objeflions. An atten- 
tion alio to morals can here be afforded, 
which in academies is impoflibie. Should, 
however academies be deemed indifpenfi- 
ble, the fame courfe of fludy fhould be 
prefcribed to each. 

Colleges, though lad confidered, are not 
the leafi iniportant graduation in the (caie 



o( academic infiitutions. If national prof- 
perity, if national pride, which is an honed 
pride, fliall warm our bofoms with a wiflr 
to fee our country gre?t in the various arts 
and i'ciences, the prolific parent of datef. 
men, legiflators, divines, &c. we cannot 
regard colleges with too much partial- 
ity. When judicioufly arranged and 
conduced, they become the bounteous 
fource of knowledge, of virtur, oi piety, 
ot all that is great and good. The arrange- 
ment of the building fhould be fuch as to 
completely cloider the ftudents ; who 
fhould. never pafs the walls but by perroif- 
fion.— The endowments fliouId be fuffi- 
ciently liberal to fecure teachers the mod 
refpe6able tor talents, for morals and for 
manners. — Liberal endowments, particu- 
larly where the plan of education is eco- 
nomical, tends to. diminifh the expence, 
fo as to place liberal education within the 
reach of the refpeSable yeomanry oi the 
country, where the mod virtue ordinarily 
exills, and from among whom no incon- 
fiderable part oi the profeffional characters 
in a government like ours ought to beta- 
ken. Where this end is like to beattained, 
the liberal endowment oi feminaries of 
learning is obvioufly the applica i^nofthe 
public funds tor the benefit of the middlin 
and poorer claffes of community. For, 
feminaries of learning are not patronized 
by the date, and for the want of this pat- 
ronage, a liberal education is very expen- 
five, the confequence will be, that the rich 
alone can afford to educate their children ; 
a confequence not defirable in any govern- 
ment, and highly dangerous in our own. 

Though the whole plan, as fuggeded a- 
bove, cannot be carried into immediate ef- 
feQ, and though, perhaps, a dep fo impor- 
tant to the date, as the difpofing of all her 
unappropriated lands ought not to be taken 
till fome time has elapfed for the expref- 
fion of the public fentiment, the attention 
of the legiflature may fafely be direfled to 
this fubje£l, and in the meantime a com- 
plete fyflem in all its detail be matur- 
ing. 

The fame reafon lor delay with refpeft 
to the highed feminaries, where a proper 
fydem is already adopted, does not exift. 
Thefe feminaries are the nurferies in which 
the indru6tors of common fchools are to 
be reared ; and no time fhould be lod in 
placing them on the mod relpeftable and 
independent footing ; that thofe among the 
middiinfr and poorer clafs oi community, 
who wifh to give their fons a liberal td^yu 
cation may have it in their power to do fo, 
without being at the inconvenience and 
expenfe of fending them toother dates, as 
is now the cafe ; a reproach to the date of 
rNew-York, which it is hoped her en- 
lightened and patriotic legiflators, will 
fpeedily wipe away by rendering her as 
independent in her literature, as fhe is in 
Ker refources and her government. 



Thefe ideas are haflily thrown together. 
They are, howev^cr, the refult ot former 
refleQions through a courfe of twenty years 
that I have had the honor ol being a truflfe 
of Columbia College. They will probably 
be found liable to many objeflions. Should 
they fortunately thi'ow the lead light on a 
fubjeft which lies near to my heart, and 
have the lead tendency to promote the firft 
objea ot ray wifiies, (the^ diffufion ol 
knowledge) my end will be attained. 

MORGAN LEWIS. 

4M February, 1805. 




<artt0r^ Closet. 

LIBERTY OF THE PRESS. 

We copy the following piece ot infor- 
mation nuw, and referve our remarks for 
another paper. la the mean time, the 
reader will bear in mind, that the demo- 
craUare (it their own affertions may be 
believed) the mod zealous friends of the 
freedom of the prefs. 

In the Maffachufetts houfe of Affembly, 
Jan. ft^th, Mr. Allen of Pittsfield, laid the 
following refolution on the table: — 

" Refol^td, That the Printers of the 
New-England Palladium, having fince 
^he corameliceraent of the prefent .feflion 
of this General Court, publifhed in their 
paper of January 18, 1805, an indecent 
and libellous publication againd the per« 
fonal character oi che Prefident of theU- 
nited Sfates, under the title of the Monar* 
chy of FtderaliffTiy be no longer employed 
as thePrinttrs ot this General Couit." 



We anfwered a quedion afked by the 
editor of the Newark Centinel, becaufe we 
perceived that lie w^s an ignorant dunce, 
who really dood in need ot information. 
He was fo well pleafed with this little at*, 
tention, that he has again been induced to 
bait his.hook and fjlifor notice. But we 
have done with him : For he is fuch an 
incorrigible blockhead that indru£lion is 
thrown awa)' upon him. 



52 



mSt S^alante* 



Vol. rv. 



political 



KROM THE C>IARLESTON COURIER. 



J^ HE rotfdiids which the doc- 
trines ot the new fchool ol philofaphy, and 
its pernicious profeffors have already done 
to mankind arc fo various and manifold, 
and exhibit themfelves in fo m^ny (hapes 
ot abufe, that it is impoffible to call our 
eyes in any direftion without feeing them 
bclorc us — turn wjiich way we will, they 
way lay us in our paflage, and obflru£l tlie 
ordinary courfe of our hopes and happi- 
nefs.— From the political world, they have 
extended to the moral--^nd from the mor- 
ral to the iiuelle£lua! ; irtfomuch that not 
only all'ihe principles, upon which alone 
freedom and independence can perma- 
nently ftand, arc frittered away ; but the 
moral judgment of man is moved from its 

Eofture, and his mihd wrenched from the 
old upon- wifdom, which the accumula- 
ted experience artd irrftrutkion of the fages 
of itemuries paft had given to it — Nor is 
thii^ all — not only the moral and religious 
fenfe is contaminated, if notdeftroyed, but 
the heart feems to have rebelled againft the 
gentle dominion of its own natural ieeU 
. ings, and to have (haken ofF the yoke of 
that pity and benevolence which once, by 
the exercife of a mild, unaffuming author- 
ity, ftept into the place of civil and reli- 
gious laws, to obtain iheirobjefts by miti- 
gated, means, and inftead of compelling 
men to their fecial duties by compnifion, 
to allure them to it by perfuafion, and be- 
flow upon them the dignity and credit of 
beiug volumeers in virtue. Cojuld a 
whole people be taught what a mutual de- 
pendance the moral, the religious, and f he 
political parts of human focial cftablift- 
ments have upon each other, they would 
be tnorc cautious than they now feero to 
be, how they intermeddled with any one 
of them, for fear of injuring the others. 
This country will, at no very diiftant day, 
fee in the depravity of national morals, a- 
bundant caufe to regret their political con- 
doQ. The deceptive hollow proje£lt of 
wicked or vifionary demagogues may tic- 
kle the fancy for a moment, and afford" a 
kind of temporary, dclufive pleafure ; but 
a very inadequate compenfation will that 
pleafure be, for the cxtinftioo of the reli- 
' gious fenfe, for the depratvation of national 
morals, and for the corruption and indu- 
ration of the general heart. Let us fee 
what progrefs has been made in this fatal 
procefs upon Americans, within the courfe 
of the Lft few mtmthj. 

On the fir ft of November, 1803, the 
American frigate Philadelphia wa* taken 
by the Tripolitius and three hundred of 
her crew loaded with chains, in unwho!*;- > 



Tonje dungeons^ The feeling of Ameri- 
cans for that horrible event miy have e- 
* vapor^ted, and left the heart chilli'd fnto icy 
' negleft ;'but the recollefciion of it cannot 
well have been banifhed. The ferffations 
which it excited at the time, were very 
different from thofe which feem now to 
pervide our people. They thch felt it as 
they fhould do — felt it as men, confeflirig 
the rights of humanity — as Americans 
boaftful of their freedom, and glorying in 
that of their fellow-creatures, of every 
couiitry whefc freedom could be found — - 
As fellow citizens, horror-flruck at the 
barbarities eXercifed upon their fellows, 
I and indignant of the monflers who excr* 
cifed them ; — and, in a word, as fathers, 
' fens, brothers, and friends, fympathifing 
for all who ftood in thofe relations to the 
unhappy captives. The proof they gave 
of this was fignal. The feeling run, like 
eleftric fluid, from city to town, from town 
to village, from village to hamlet, ahd 
from thofe back again to the city. Even 
Avarice found herfelf hurled by the fub- 
duing hand of pity from her filth-ere6fed 
throne in the heart, and robbed for a time 
of her dominion. In every part of the 
Uniori Che hand of Bounty was opened, 
and immenfe fubfcription promifed to re- 
lieve our unhappy fellow- citizens from 
their anguifh, and fpeedily to reftorethem 
to liberty, (the life-Wood of their fouls) to 
air, to comfort, to jov — to America — and 
to the embraces of their fond, mourning 
conneftions. But policy chilled the gen- 
ial current, ere it trickled from the foun- 
tain. — Government, more wife, fdrefaw 
evil arifing from it. The ardent, generous, 
anxiety of the people of America fo have 
their fellow-citizens rcflored to them ('twas 
(u^^eSed) would raife the demand of the 
ruffian robbers of Barba/y, and immode- 
rately inflame their terms of ranfom. The 
noble d/^fign was ftifled in the bihh, and 
pofitive promifes were made, that proper 
meafures would be taken by the Execu- 
tive to/'obtainthe liberation of thofe mifer- 
abJe men. 

The circuraftances of captivity in Tri- 
poli, or any of thofe African States, cap 
fcarcely be conceived by the people df 
this courtry. There was a time \* ben cap- 
tivity in the ordinary mode of ufage a- 
mongpolilhed nations, would ol itfelf raife 
the pity and indignation of a true Ameri- 
can, to an exquifiie pitch of fuffering. 
Yet fuch captivity, when compared with 
that our countrymen have endured, would 
be paradifiCal enjoyment. Dungeons 
damp and dark, fcanty food of bread and 
water, chains eating into their bones, ffripes 
and labor of the hardefl kind, dragging 
Irgf of wood and other things like ifie 
meaneft beafts of burden, with the bow- 
firing ready to punifh any fault which ty. 
ranny, ever jealous and cunning, can con- 
ftrue into refiivenefs : Ail tbefe are the 



fbfferings of our countrymen. For a day 
of fuch fuffering, nay, for an hour a bu- 
mane jury would award a common indi- 
vidua) damages (o lupport him comforta- 
bly for life : for to a tender feeling perfon 
'. and high mind, the wrongs of one day 6f 
fuch indignity and hardffaip would be irre. 
parable; a week intolerable; andwboth^t 
has a heart fit to be felt for, can tear with 
any patience the refleftion of even one in- 
nocent fellow creature endurirg fuch fiif- 
ferings tfiough but for a week : fufferings 
beneath which the moft fturdy bodily 
ftrength muft bow, the moft vigorous fink 
lO the earth, the flame of life itfelf expire ; 
and worfe than all, the mind be broken 
down from the high towering pride of that' 
laudable felf efieem which generates the 
living principles of freedom amd indepen- 
dence in man, and has often bid the moft 
humble rife from the duft of Oppreffion to 
trample upon the neck of tyranny. One 
fellow creature (o fuffering even for a week ! 
— horrible I — Do you not feci thus fellow- 
citizens ? If you do not, rcfrgn yourpre- 
tenfions to manhood. If you do fet Itxife 
your heart to every ping which pity can 
inflift ; give the whole length of the reins 
to your imagination ; and if you Tan form 
a conception adequate to fuch a pifiure, 
feel, wliile in imagination you furvey thtei 
hundred of your countrymen, of your fel- 
low creatures, bending bene^hthe weight 
ofjixty^one weeks of fuch mifery ; pov- 
erty emaciation, and difeafe pfdured in 
iheir perftins ; the channels fretted by iox^ 
f-ow in their cheeks, clogged with the filt 
bftfieir tears; their ohce bravmy Hmb» 
tottering Under the litfle weight of their 
worn carcafes ; atid thro' the rags which 
etch the outline of the piece, the Barbari- 
ans* ftri^es irpon their half- naked ffdes, 
vifible, and calling out for vengeance. 

Yes, Americans ! for fixtyone u^ieks^ 
have your brave and worthy fellow-citM 
zens, your friends, your brothers, yobr 
fons, been langoiftiing in this condition, 
while your country unfeelingly fits down 
to the cat-and-pangame of penurious, dif^i 
graceful economy, and between it, and 
hithertb abortive military bluffer, leaves 
them to fink, to rot, to pcrifh ; to curfc 
the day that brought them forth xo life, and 
did not bring them forth utider fame more 
fdfe, fome more propitious fun, than that 
oP America-^a fun indeed once blazing 
bright — when in the meridian of Federal 
feivour it glowed, Calling a luftre upon 
this land, and filling it with comfort; hot 
now, in a too early winter nor'hpole eve- 
ning, finking out of fight amrdft clouds, 
and fleet, and fnow, and all the elemental 
fmut of a dark< chilling, Hfelefs democrat- 
ic northpole flcy. 

We are told by govetnment th^ Com- 
modore PREBiiLE, having bombardeH Tri* 
poli, the barbarian Bafhaw has offt*refl xo 
rcleafc our countrymen for 500,000 dol* 



No. 7. 



Ciie 2?d!dnce. 



53 



lars. To this propofal there was but the 
alternative of two anfwers to be given. 
Comply with it — or refufe to gi^e any 
thing. . Hamantty might prompt the for- 
mer : found pohcy, juftice, a^ (what 
BOW never occurs to our wife politicians) 
national honour, flernly demanded the lat. 
ter. Our government did neither. They 
offered 150,000 dollars. But, to leave our 
countrymen in fuch a condition, to await 
the iffue of •• a bdfe bargain,*' a huckftry 
about 9 few dollars, inglorious, nay, igno- 
minions to a nation, is a proceeding for 
language to defcribe our fenfe of which, 
we (bould in vain ranCack the (lores of an- 
cient and modern eloc^uencc, or even look 
ior with hope to find it in the fanciful and 
fervid regions of poetry. If three hun- 
cret) Americans are to be left to perifli in 
the dungeons of Barbarians, let it be not 
lor the vile peculium of fo many dollars, 
as on calculation would be exadly feven 
cents a bead to the population of the Un- 
ion ; but let it be for the glory of their 
country. If fo they die, they die well ; 
then let our (hips lay Tripoli in a heap of 
ruin and combuflion — a monument glo. 
rious to them and their country, and for 
ever 4dmonitory to barbarian oppreflbrs 
and robbers. 

For our parts, we do Jioi hefitate to (ay 
that the latter is the meafure which we 
• fl>t>uhl think advifable. Britons- ha ve bee n 
known to blow, up their (hips and them^^ 
(thrcs with them, rather tban be taken : 
and have frequently, when prifoners on 
board an enemy V fliip engaged by the 
Englifh, been known to pray that (he might 
go to the bottom and they along witu l)er, 
for the honor ot Old England. It is the 
feed df thofeBritons who now drag chains 
in Tripoli^— the fame fpirit boils in their 
veins, and we dare to fay that they feel as 
we fet", and that if they, were a(k«d, mark 
this, the alternative, •• (hall your country 
buckder diflionorably, or (hall our (hips 
lay Tripoli In afhes, which do you choofe r * 
they would without hefitation fay, •• level, 
level the vile city with the earth, and let 
us lieglorioudy beneath its ruins.'* 

Alt this time, one thing appears, and 
indeed with no very promifingafpeS. In 
the fmoke of the minifterial falfe fire, by 
which ihe people are fo blinded, the Uate 
ot the captives feems to be lod to the pub- 
lic fight. Time, which deftroys all things, 
feems to have either diflipated, or entirely 
extingui(hed thofe feelings which, at the 
time of the propofed fubfcription, did them 
fo much honor: Perhaps, as they grow 
reconciled to the lofs and captivity ot their 
countrymen, they think their captive 
countrymen have l>ecome co-ordinately re- 
conciled to their fufferings : or knowing 
the e(Fe£l of cuftom in famtliarifing men to 
any thing, however painful, may fay to 
tbemfelves, ** poor fellows ! they are now 



folong accuftoroed to i% that they m*»ft 
be quite familiar and eafy nnder i^." As 
the Cockney faid to an Irifhman who was 
on the point of frtting o<it with him from 
the New drop at the Oid BaiUy, to the 
other world, and who, angered at his pu- 
fillanimous whining, bid him •• die like a 
man.'* •* Ah ! curfe^you — it is nothing 
to yon to be hanged, yon Iri(h (hief-^you 
are ufed to it ■!" So perhaps '\}\\% country 
may (ay to the crew of the Philaddpkia, 
•• Stay where you are, and be ftrapped, you 
Yankee Dogs — you are now ufed to it !" 



Mttt^ 



OF THE GOVERNOR OF MASSACHUSETTS. 

Gentlemen of the Scnaie, a. id 
Geutlert^ett of the House of ReprescntatiYCS, 

I MEET you with much faiisfa^tion at 
this time, as I am purfuaded that from a 
continuance of harmony in the feveral 
branches of Government* the bufinefs of it 
will be condtifled with advantage to the 
public, and with cafe and convenience to 
thofe who are employed in its adminiilra- 
tions. 

In the courfe of the fc(fion, you will 
have leifure maturely to con&der chofe 
fubjefls which^w^repoftponed at the clofe 
of your (irft meeting. Permit me again 
to recommend to your revi(ion the ar- 
rangement ot the terms of the Supreme 
Judicial Court eftabltfhed by the late a£l 
making further provifion in the judicial 
department.— 'If that arrangement is found 
to be impra&icable or inconvenient, you 
will undoubtedly make the neceflfary a- 
mendments. 

The Secretary will lay before you the 
return of the Militiaof the Commonwealth 
which I have received from the adjutant 
General, with a letter from him ftaiing 
(ome local inconvenience, which have arif* 
en under the cxiAing militia laws. He 
will alfo deliver to you the Quarter-Maf- 
ter-General's return, ot the ordnance and 
military (lores belonging to the State. 

The M^jor Generals of feverai divifions 
ot the mihtia have informed me, that in 
the late reviews it appeared that the regi- 
ments and corps compofing tfie (everal bri- 
gades, had improved in all the e(rentiaf 
points which conftitute a well regulated 
militia ; — that their arms and equipments 
were in fetter order than at any former 
period, and that with a few exceptions they 
had good cloth uniforms ; this latter cir- 
cumilance being voluntary and not requi- 
red by law, is truly meritor1t>us. 

There can be no neceffiiy. Gentlemen, 
of recommepding to you the advancement 
of the various interefls ot the Common- 
wealth |- your time will be devoted to this 



objcQ, in attending to the reque(fs of indi- 
viduals, and removing any juft grounds of 
complaint ; i i affording fuitahle encour* 
agement to every (pecies of ufeful induf* 
try, and .'upplving, as tar as you are able, 
whatever is deficient in our prefent fyflem 
ot legiflation. While you thus confider 
yourfelves as deputed to watch over the 
public intereft ; while you fupport the 
juft claims ot our fellow citizens, and 
gracify iheir reafonable expeflaiions^ you 
will meriu and probibly retain their rt-f, 
pe6h. But in whatever manner yowt 
fervices (ball he eftimaied by others, vou 
will have the fatisf<«aion which anies trom 
the confcioufnefs of doing good. 

We have afTociated with our leKnw 
citizens to preferve our rights, by fiiu-» 
porting Republican Gjverrimcijis ; — ;n 
doing this we are ail equally and ocm »y 
interefted. When the Con(tiiuiiiMj oi ;^e 
United States was (it 11 propofed, m^v 
good men doubted of the frncls or uHi- 
cicncy of its provifions. Bat fucii i n- 
portant benefits have icfui^ed from it, a. id 
fuch confufion and diforder would follow 
Worn a feparation of ifie Siatei^, (hat proha- 
blv few, or none of the people are defiroua 
of that event* 

TheConfliiution of this State utiiees ua 
ftill more dofely for our ci»mmon fafe- 
ly and bappinefs. It u founded on the 
bafU of 'equal ltbertv» ind its vabc does 
t\^i appear to be leffcned In theeftiroaiion 
of ihe people, by the experieace of more 
than 20 years ; our country flouriflies m 
peace and wealth, and we may be thought, 
from thefe favorable circum fiances to be 
out of the reach of danger. But when we 
lee other Republics diigraccfully renoun* 
cing the fruit of their fufferings and ex- 
ploits, and tamely fiihmitting to the con- 
Vroul of Maftprs, we ought at lead to re. 
fltrft on the caules of their tall, and con- 
fider (he means by Hoich we may t>e 
guarded againft a like degradation. 

It will, I think, be agreed that knowU 
edge and virtue in the body oi the people* 
are e(rentia! to the fupport of a free go v- 
ernment. — Without them we Ihould read- 
ily febmit to an artful ufurper. The (irft 
fettlers of this State, aware of their im- 
portance, adopted every expedient in their 
power to promote them ; and. fo long as 
we preferve unimpaired the inftitutions 
which have been iranfmitied to us by the 
wifdom ot our anceftors, and retain their 
j)uriiy of manners, and the leffons which 
they inculcated, we m<iy hope to be exempt 
from the<vtci(Iiiudes to which other na- 
tions have been expofed. 

Religious principles and inftitutions are 
neceffary to all Governments, and efpe- 
ciilly to Republics, The teachers ot re- 
ligion, of whatever denomination they are, 
by tlieir moral in(lru£fions, may have much ^ 
influence in upholding the order ot focie- 



54. 



€fie 25akttce* 



For 1805. 



t)% and rcgidating the conduft of the peo- 
ple;' — iheir offices would therefore be of 
great importance, even i\ they had no high- 
er obje6ls in view. — But ail nations have 
^xprefTed a reverence for the Deity, and 
have united in the belief that fome mode 
of worfhip is neceffary to obtain his favor. 
Within a few years, indeed, an experiment 
has been made by the people of France of 
renouncing religion ; but we have now 
feen the tendency and termtnation of their 
fyftem. 

To enumerate the inftitutions eftabliih- 
cd by our anceftors, might be thought fu- 
perfluous ; many of them, and particular^ 
lynhofe which related to education, are 
ifill maintained, and we every day expcri- 

' cnce their beneficial efFefts. — May thdr 
pofterity not only preferve their inftitu- 
tfons, but praftice their manners and vir- 
tues ! 

It is often faid.that rooftof the Repub- 
lics which I have referred to, were con- 
quered by their more powerful neighbors, 
and that our remote fituation from £u- 
rope cnfures the fafety of our Govern- 
mentt. Perhaps thefe obfervations are not 
fo corred as we are inclined to believe. 
Free States are in much greater danger 
from their own depravity, than from ex- 
ternal enemies. The vices, diforders, and 
divifions in former Republics, have in all 
cafes Qccafioned their ruin. It will be 
difficult to find an inftance, where a free 
and civili»«d people have been conquer- 
ed, who had not degenerated from that 
virtue by which their liberty waseftab- 
lilhed. When they are furrounded by 
other nations, they confider them as watch- 
ing to take advantage of their folly and 
weaknefs ; this refleQion operates as a 
conftant check upon their diferderiy paft 
fions. If an invafion is threatened^ ami 
any public fpirit remains in the people, 
they lay afide private animofities, and 
unite for their common defence : In this 
manner the apprehenfion of danger from 
abroad, has in numberlefs inftances pre- 
vented contention at home. Our difiance 
from Europe will be a fortunate circum- 
fiance if we can be at peace among our- 
felves ; it lefTens the probability of foreign 
invafion, though it may increafe the dan- 
ger from internal feuds. 

In the Republic^ which I have juft men- 
tioned the people had not fufficient vir^ue 
and public fpirit to unite their efforts 
againft the common enemy. Their num- 
bers and wealth were as great as when 
they refifled the moft powerftrl prince ; 
and if they had afted with unanimity and 
vigor, their (iofenfive attitude might have 
faved.thcm fr^.m ar» attack. But chey were 
divided gnd weakened by f iflions ; their 
f alfe patriots co-operated with their inva- 
ders, and their Gjverninents fell, not [o 
mi^ch by the arms of a conqueror, as by 



the weight of their own vices. Such are 
the effe&s of violent dKorders or impla- 
cable difcord in all free States : — they lead 
to anarchy, and end in defpotifm. There 
may be much diverfity in the procefs, but 
the refult is nearly the fame ; the chief 
difference is, that fmall States generally 
call in a mafter from abroad, and great 
nations make a Tyrant for themfelves. 

When political difputes are conduced 
with moderation and candour, they are 
innocent and may be ufeful. But when 
parties become eager and vehement — 
when in the heat of contention they lofe 
fight of the public interefl and endeavor 
to miflead the citizens by falfe reprefen- 
tations, they corrupt the poblic morals 
and tend dire£^Iy to licentioulnefs and 
confufion. In fuch cafes there would be 
danger that the moft unprincipled would 
be the moft fuccefsfnl — they might refort 
to meafures which their opponents might 
be unwilling to adopt — for honeft men 
would difdain to deceive the people, and 
would never deviate from right condu£l 
to promote any eaufe, or produ.ce any 
change in opinions or meafures. But if 
men of corrupt principles fhould thus 
predominate, they might choofe rather to 
fubmit to a defpot of their own feleflion, 
than hazard the lofs ot their ill-ac(^uired 
influence. 

From our fituation we have the means 
of fafety, in a peculiar manner in our own 
power, and it depends upon ourfelves, 
whether as a people we become the mofl 
refpeftable or the mo0 wretched. — If we 
are united in afFeSfion, if we retain a fru- 
gal courfe of living, and are animated 
with zeal for the public good, we (hall 
poffefs refources fully fuflRcient for our 
fecurity, and fhall rife to the higheft ftate 
ot public honor and happinefs. But if 
inteftine divifions and civil difcerds pre- 
vail, we (hall be expofed, not only to foreign 
infults, but to thofe revengeful domeftic 
enormities which have been the ttrror and 
difgrace oj. other nations. It is the great 
duty then of every citizen, inftead of ex- 
citing variance and party ftrife, which are 
the fources of confufion and qiifery, to 
promote concord among the people. — 
And it will be the aim of good govern- 
ment to unite the citizens in the ties of 
friendfhip, and make the happinefs of the 
State ponfift in the harmony of its feveral 
I paiti;. Such a government will i)e Aipe- 
, rior to felfifh confiderations and -partial 
j attachments, and will infpire refpeft by 
the equity and uniforniity of its princi- 
j pies ; by a conftant adherence to probity 
. and good fai^b in its meafures, and by 
caufing morat re£litude to he had in hon- 
or. 

You will readily perceive. Gentlemen, 
j that our fafety would he endangered by a 
I general relaxation either of the military or 



the political virtues ; a decay of the for- 
mcr would expofe to foreign aggreffion, 
and by the decline of the latter we fliould ^ 
become an eafy prey to the ambitious pro* 
jefts of refllefs and afpiring men among 
ourfelves. The hiftory of other Repuh- 
lies will ferve to lay open to our view the 
difguifes under which tyranny may be in- 
troduced in a fiee State. In tlie modern 
Republics of Europe the fcenes which ^ere 
formerly difplayed in thofe ot Greece and* 
Rome, have been repeated. DiflTenfion 
and party fpirit were excited among the 
people, and their paffions were aitiully in* 
flamed againft the moft able and virtuous 
citizens and againft thofe inftitutions and 
reftraints which wifdom had devifed, and 
the experience of age had fanfiioned, 
Thefe republics, one after another, have loft 
their freedom, and have been fubjefted to 
domeflic ufurpation, or foreign dominion, 
by the intrigues of men, who affisfled the 
language of patriots while they afpired to the 
power of Mafters, and who under the fpe* 
cious pretext of alTerting the rights of the 
people, betrayed and overwhelmed them. 
Let us take warning from their errors, and 
misfortunes ; and May Heaven preferve 
us from a fimilar deftinv. 

CALEB STRONQ- 
Jan. i8, 1805. 




Be it our weekly task, 
Tp note the passing tidings of the times. 
>»»♦«♦<«<<< 

^Utl^On^ 'February 12, 



A letter from Frederick fburg, Virg. 
mentions, that the New-York mail due at 
Frederickfburgh, on the i2ih ult. was loft 
in Potomac Creek, together with the fta^e 
and two horfes, owing to the unufual frefh- 
et in the Creek. [Af^r. Adv.'] 

The dwelling houfe ot Major Samuel 
Hayt, of New-Ark, with all its contents, 
took fire about half paft one o'clock in the 
morning of yeflerday (e'nnight, and burnt 
to the ground. The family did but juft 
efcape with no other apparel on than what 
they went to reft in. liid. 

TTie Legiflature of Delaware haVe ap- 
poimed the honorable James A. Bayard, 
a Senator, to reprcfem that State in the 
Senate cf the United States, for the terin 
of fix years,, commencing op the fourth 
day of March next. 



No. 7- 



Cj)e 25afance. 



55 

— "g 



Mr, MuNRO, the American Mioiftcr to \ 
England, (fays a Paris paper of Nov. 12) 
who had the honor ot being prefented to the 
Emperor lafl Sunday^was received in a 
moilgracious manner, and hisMajefly con-'' 
defpended to converfe with him tor a quar- 
ter of an hour. — The objeft ot this Minif- 
ter*s arrival in France is faid 10 be to ob- 
tain information of the Emperor's opinion 
concerning the difierences which fuibrift 
between America and Spain, fince the for- 
mer piirchafed Louifiana. He has already 
had feveral conferences with his Excel- 
lency M. Talleyrand, and intends, accor- 
ding to report, immediately after the arri- 
val of the new American AmbafTador^ Gen- 
eral Armftrong, -to fet out for Madrid, 
Ihould the Spanifh Court not fubfcribe to 
the demands of America fuch as they have 
been approved ot in France. In the pref- 
ent circumftances, a war upon the Conti- 
. sent of America would exaflly be what 
the court of St. James's would defire, a% 
it would make the United States either the 
dire£l or indirefl allies of Great Britain — 
both France and Spain arc interefted to 
prevent fuch an event. 

Spani/h war,'-^We can (late on the au- 
thority of letters from Madrid, as late as 
November 8th, that the Britifh Minifter 
had left the Spanifh court ; and that no 
doubt exifted of a war between the two 
countries. 

The Spanifh frigate La Vengeance it ar- 
rived at Cadiz, and the frigate L'Amphi- 
tttle'StCbrunna, both fronv America, with 
6,300,000 dollars* Another frigate, La 
Sabina, with feven millions was expe£led. 

On board the Mercedes, Spanifh fhip, 
which blew up in the late a£lion with the 
Britifh trigates, it is painful to flate, tha( 
there were 19 lady paffengers, who perifh- 
ed with the red of the unhappy perfoos on 
board. [^Bqften ChrcnicUi^ 

We are authorifed to fay, that at a meet- 
ing held at Havanna, the 13th Nov. lafli 
by the Governor, Intendant, &c. it was 
determined that the importation of horfes 
in foreign vefTels, (bould ceafe from and 
after the ift of this month ; and, that the 
privilege thereof fhould be allowed only 
to Spanifh vefTels. \Pkilad. Gaz.'] 

DeftruQive Hurricane at Tonquin* 

Letters from Tonquin ftat^, that coafl 
to have been lately vifited by a hurricane, 
more violent and deffruAive than was 
ever rememl>ercd in chat quarter. Up- 
wards ot 80 native vefTels foundered in the 
bay, and between ^o and 60 were daihed 
to pieces on the (hore. The coafl, for 
many miles, was ftrewed with dead bodies, 
and fragments ot wrecks. 
^ Several villages have been totally de- 
ilroyed — ^XQ fome inftances, prefecting 



heaps of ruins, while in others there was 
fcarcely a veftige ot them remaining. Up- 
wards of 20,000 perfons are flated to have 
perifhed on the occafion. 

Intcrejling infonnation, — Letters^ we 
are informed, have been received in town 
from Lifhon, as late as the 26ih Novem- 
ber. Thefe letters flate that the block- 
ade of Cadiz was refumed by Sir J. Orde, 
and that a war between Spain and England 
was deemed inevitable. In addition to 
this, it was faid that divifions were foment- 
ing in ttft interior of Spain, and that the 
king, through fear, had a£lually left Mad- 
rid, and had fled to Portugal . The interefl 
of the contending parlies demands the neu- 
trality ot Portugal ; but in cafe that inter- 
eft fiiould n6t avail, and fhe fhould be 
drawn into the war, there was no doubt 
but hoflility to England would be the final 
refult. One of thefe letters flates that 
there was every probability that the whole 
North of Europe would be engaged in the 
war before the enfuing fpring, 

[Com. Advr\ 

On the ifl November, a terrible f!re de- 
ftroyed the whole fouthwefl part ot the ci- 
ty of Gottenburgh (Sweden) containingbe- 
fides public edifices, between two and 
three hundred houfes : diflodging more 
ban 7000 people. 

The London Star, of the i«th Dec. 
dates, that Si the iitb, it was aiferted at 
the Exchange, on the authority of private 
letters, from Paris, that the Coronation ot 
Buonaparte took place on Sunday, agree- 
able to the forms which had been pre- 
vioufly arranged, and that the whole cer- 
emony was conduced with the utmofl or- 
der, and without the leaft tumult' or acci- 
dent. 

LONDON, NOV. b8. 

A private letter from the harbor of Ba- 
tavta dated the 7th ot February, 1804, fays, 
" Intelligence has been received here, that 
the king of Candia has driven the Englifh 
from Ceylon, and put the whole garrifon 
to the fword." 

Bufinefs ot every kind is at a ftand in 
Holland. 

DECEMBER 3. 

It is underflood that if a rupture fhould 
take place between France and RufTia, the 
court ot Vienna is refolved to form an Ar- 
my of Obfervation on the frontiers. 

The Auflrian Governor of Tyrol is 
making preparations to draw a cordon be- 
tween that country and Italy. 

A Swede which left the Texcl on the 
2,5th ult. has brought intelligence to our 
fquadron, that 50,000 French are now ad- 
vancing into Holland, fuppofed with or- 
ders to march and take pofTefTion^of Ham* 
b;irgh and Swcdilh Pomerania* 



DECEMBER ,5. 

We have received the Monitours to the 
i8ih ult. It appears from them that the 
day ot Coronation has not been deferred, 
as has Deen flated in fome papers. They 
fpeak pofitively of its being fettled to talce 
place on lafl Sunday. 

*• The King of Pruffia has again ex- 
prefTed his difTati&faftion at the conduS of 
Bonaparte in the feizurc of Sir George 
Rumbold : be has replied to the repre- 
fentations made to him by the Senate of 
Hamburgh, of whofe efforts to procure 
thcTreleafe ot that minifter, he exprefTed 
his ftrongeft approbation, condemning at 
the lame time, in the moft unqualified 
terms the outrage oflfered to the independ- 
ence ot a neutral State, and to the law of 
Nations." 

The Emperor of Ruflia is coliefiin^ an 
immenfe army upon the frontiers ot Ruf- 
fian Poland, and the Emperor ot the 
French is drawing troops from the intcri- 
or ot France to the Banks ot the Rhine. 

DECEMBER 6. 

The letters brought by the Prince of 
Wales packet, from Lifbon, were deliver- 
ed out this morning. Mr. Frere has left 
Madrid as appears by the following extraft 
of a letter from Lifbon, dated Nov. si. 
• "Mr. Frere and Mr. Hunter have cer- 
tainly left Madridi and no hope now re- 
mains that a war with Spain can be avoid- 
ed ; the difpatches fent home by the Dia- 
na were, it is faid very warm and hoftile ; 
as yet there are no movements here de- 
monflrative of any change or fyftem, but 
we cannot indulge the hope of being per- 
mitted to remain neutral, as on former 
occafions." 

The anfwer ot the Spanifh Govern- 
ment was fent by the Diana, which left 
Lifbon on the 14th uh. nine days before 
the Prince of Wales ; but (he is not yet 
arrived. 

No doubt of a war with Spain now re- 
mains — indeed we have long ceafcd to en- 
tertain any doubt on the fut>je6t. 



^xiui Ciittmt 

AT HUDSON, 

[corrected WEEKLY,] 

Saturday, February 9, 1805. 

D. C. 

Whfat 2 12 I 

Rye - 1 19 

Corn 1 oS 

Oats..* ^ ^4 

Butler «.. 21 

Chttft .......k 09 

Lard x^, 

Tallow 16 

Bus Wax •,...:....•, 28 



S6 



(^ balance. 



Vol- IV. 




FOR THE BALANCE. 
FABLE OF THE PARROT, 

A PARROT of beautiful h»e, 

Was kept by a lady, of late, 
Aiid long was Poll nourish'd and grew, , 

Contented and pleased with her state. 

Her ca^e with' fine gold was inlaid s 
H<T food was the whitest of bread. 

And when night did the welkin o*ershade. 
The softest of down was her bed. 

Thus mai^ a summer she past. 

In happiness, splendor and gteoi 
Till tir'd of dependence, at last.* 

Poor Poll often sighed to be &ee. 

One fine, rosy mom, in the spring. 
The door of her cage open stoodt 

And Poll, with a fluttering wing, 
EscapM to a neighboring wood* 

The birds of the gr^ve throng arotind« 

The beautiful stranger to view, 
The hillsy with their praises, resoundt 

The vallies the echo renew* 

Poll hears their applause with delight ; 

Of her beauty and wit she grows vain— 
When lo ! by a ravenous Kite, 

She is (eiz'd and destroy'd on the pUtn, 

MORAU 

Thus thoughtless maids, who love, irom home, 
In (jucst of flattery to roam, 
Shall find, when caution is too late. 
Their virtue meet the parrot's fate. 

ALCANDER, 



FOR THE BALANCE. 

FRIENDSHIP. 

* 

Behold yon purling chrystal streams advance, 
Winding their course along the distant vale. 
Turn thy glance onward, and behold the change i 
How sweetly they can mingle all their stores. 
And, as if taught, by sympathy divine. 
To aid each other in theirjdestm'd course, 
Unite, and sweetly munmiring their applauses 
Their mntuaVjoy, become forever one. 
No disagreement e'-er disturbs their course. 
So perfect is their uuk>nj on they gUde^ 



Forever flowing and yet still the same. 

How much may mortals learn from such a scene! 

Here let them gaze, and as they gaze, admire. 

O could our souls like kindred streams unite, , 

Atwl, by uniting*, be like tliem but one. 
All harmony, all peace, all concord sweet. 
Our interest one, and one all our desires* 
How should we rise from groveling in the dttst. 
And taste that bliss which angels now enjoy. 
M«y lot like this be mine ; to find a heart. 
Which, wheiHt knows the feelings of my own, 
Shall melt with love's warm extacy divine. 
And with it mingle, to be one forever. - 



2/ 



^i\itt^tp' 



A CURIOUS CAUSE OF WAR. 

IN the year 1005, fome foldiers of the 
commonweaUh ot Modena ran away with 
a bucket from a public well, belonging to 
the ftate ot Bologna. Thi^ implement 
might be worth a (hilling ; but it produc- 
ed a quarrel, which was worked up into a 
long and bloody war. Henerv, the king 
of Sardinia, for the emperor Henery, the 
fecond, aflifted the Modcnefe to keeppof- 
feflion of the bucket ; and in one ol the 
battles he was made priroher. His father, 
the emperor, ofTered a chain of gold that 
would encircle Bologna, which is feven 
miles in compafs, for his Ton's ranfom, 
but in vain. — ^After twenty-two years im- 
prifonment, and his father being dead, he 
pined away and died. His monument is 
dill extant in the church of the Domini- 
cans. This fatal bucket is fiill exhibited 
in the tower of the cathedral of ^ Modena, 
enclofed in an iron cage. Taffo has very 
humoroufly defcribed it his Delia Sec- 
chia« 



REAL REPUBLICANISM PUT TO THE TEST. 

ONE day when Dr. Johnfon was at the 
houfeot Mrs. Maculey, the celebrated fe- 
male hiftorian, whofe exec ffive republican 
fentiments are weH known, the Du£lor 
putting on a very grave countenance, faid 
to her, •* I am now become a convert to 
your way of thinking — I am convinced 
that all mankind are on an equal footing ; 
and to give you an unqueftionable proof, 
i madam, that I am in earneft, here is a very 
fcnfible, civil, well behaved citizen, your 
footman ; I deGre that he may be allowed 
lo fit down and dine with us." On dif- 
covering her difpleafure, the great moral- 
ift obfcrved, •* your levellers wifh to level 
down as far as themfelves, but cannot bear 
levelling up lo themfelves. They would 
all have fome people under them, why not 
then have lome above them ?*' 



The following advertifemeni 

Jrom a Baltimore paper • 



copied 



WANTS EMPLOYMENT. 



AN accommodating young Man, who 
is a neat and correfl accountant, and would 
very cheerfully undertake the keeping of 
books and care of fiorfes ; adroiniftcr pray- 
ers, &c. exhortations morning and eve- 
ning, fing pfalins/attend to other duties in 
general, both fpiriiual and temporal. En- 
quire of the printer. 



FATAL DIVE. 

A man in Northampton county, waa 
lately taken by a conftable and his a(D fl- 
am, on a warrant (rotn a Juflice, for break- 
ing down the road direClors from a fign- 
poit. As they were conducing him along 
the bank of the Delaware, the prifoner faw 
an air hole in the ice, about 15 feet below 
him, and fpringing from his keepers, plung- 
ed himfelf into the water, from whence, it 
is probable, t)e will never be taken. Rafh 
man ! who dare, uncalled, thus boldly ven- 
ture to the prefence of his Majcer* 

[Wilkejbarre Pap.'] 



TERMS OF THE BALANCE, 

JOR 1805. 

To City Subscribers, Two Dollars and Fifty 
C«nts, payable quarterly. 

To those who receive them bj mail^ Two Do]« 
lars, payable in advance. 

To those who taice their papers at tbe office, 10 
bundles, or otherwise, a deduction from the city 
price will be made. 

A handsome Title Pa^e and Table of Contents 
will accompany the last number of the volume. 

Advertisements inserted in a handsome and con* 
spituoas manner, in tbe Advertiser which accompa- 
nies the Balance* 

NOT B." 

The first second and third Volumes of the Balancs 
may be had on the following terms *•— 
Firti Volume-^unbotmd^ . JJ 2 

Second Volume^ - - |S 2, 50 

^bird Volume, - • . g 2, 50 

1b€ three together, • • g 6, 

If bound, the price of binding (either plain or el^ 
egant) will be added. — An unbound volume may bc 
sent to any post-office in the state for 52 cents jjost* 
age i or to &ny post-ofBce in the union for 78 cents 



PVBLISHBP SY ^ 

HARRY CROSWELL, 

Warren -Street, Hudson. 

WflEBL* ^BTNTIVG IN CBNBRA1. IS KXBCVT4i9 
WITH MBATNSSS ASfO ACaVBACY* 



No. t. 



J9S 



COLUMBIAN 




Vol. IV. 



REPOSITORY. 



•• HAIL 8ACRBD POLITY, BY FREEDOM RRAR'd ! 

*• HAIL SACMD FREEDOM, WHEN BY LAW RESTRAINED !" 

BBATTim* 



3=32 



HUDSON, (New.York) TUESDAY, February tg, 1805. 



aHittona!. 



« Bender «ato Cxmw the things that are CsestU'^s.*' 

\\ ITH finccrity and zeal, we 
•ppofed the ele&ion of Gov. Lewis. Our 
re^fous tor that oppofition, have been da- 
ted without referve or difguife, and we 
truft have been Tatisfa^ory to the reader. 
It was,^ however, the will ol the people 
that be (botild be our governor. Whether 
that will W9S freely exprefled, without any 
improper bias, is not a queftion at this 
time to be canVafled. In fubmitting to 
it, we had but one poor confblation: — ie* 
ing Governor, Mr. Lewis could no long- 
er be a Judge of the Supreme Court, 

It may be remembered, that in announ- 
cing the election of Mr. Lewis, we re- 
narked, that ** notwithdanoing the un- 
favorable impreflions which the condu£i 
of Judge Lewis had made upon the pub- 
lic mind, fiill he might poflibly make a 
good governor^ and thus difappoint the 
€](pedations of both his friends and ioes ;'* 
and that we added, *• we were prepared to 
give him full credit for every good a£l^ 
and hoped to be permitted to give fome 
account of his bad ones." Keeping this 
promise conftantiy in view, ^e have thus 
far watched the movements of Goufernor 
LfCwis. and until lately, we confefs, have 
fecn Utile to pniire-.^little to blame. He 
has, indeed, embraced the old fyftem ot 
fatjoritifmt purfu^d by his predcc'eflbr, 
•ad by Mr. Jeffcrfon, Gov. M'Kean, &c. 
He has« in this refpeS, iulfilled the pre- 
diftion of the Bird oJWifdom (Lucas EU 
roendorl) that •* he is well calculated te 
dUriJk ike inter efis (^ party .'* But ibis 



foible has become fo common with de- 
mocratu: governors and prefidents, that it 
almoft ceafes to difguft us. It feems to be 
conceded, (in conformity with the doc- 
trines of the new fchool) that the firft oh- 
jeft of a chief magidrate ought to be, to 
furniih his family, and neared conne£lions 
and friends with good fat offices, to the 
exclufion of every oiher perlon whatever. 

Waving, then, tue further confidera- 
tion of this point, let us turn to the objeft 
of this article, which is nothing lefs nor 
more than to applaud the late conduS of 
Governor Lewis I — not in giving offices 
exclufively to the family ^^not in appear- 
ing before the reprefentatives of the peo- 
ple tricked oflT in all the foppery of fafh- 
ion Y — but in.recommending the appropri- 
ation of the lapd belonging to the date, to 
the fupport of fchools and colleges. This 
is a meafure oi the fird confequence ^ and 
\& well worthy the attention of the chief 
tnagidrate and the reprefentatives ot a free 
people. It looks fo much like a New- 
England meafure«-it favours fo drongly 
ot federalifm, that we cannot but lika it ; 
and, believing his excellency fincere in 
his profefTions on this head, we cannot 
withhold from him the meed of praife. 

His excellency feems to dote upon this 
meafure, and apparently fearing that the 
iegidature might mar his fcheme, by fome 
vifionary economical whim, or by an in- 
dolent inattention to the bed intereds of 
the date, he has had the goodnefs to point 
out a mode by which the grand obje£l can 
be accompiifhed. The plan is laid open 
and explained in a manner fo ample, that 
the legiflature, provided they (hould be ac- 
tuated by the fame laudable motives which 
appear to influence the Governor^ have 



nothing to do but to adopt his well-di« 
gefted fcheme. 

The mode propofed for the difpofal o! 
the date land, we conceive to be no lefs ju- 
dicious than the appropriation. It would 
ofltr to enterprifing emigrants, an eafy ac« 
cefs to confort and competency : or, to 
life the more expreffive language of bii 
excellency,' •* Honed indudry would be 
furniflied with the means of profitable ex* 
crtion, without the ^id of capital." 

We admit that fws excellency's objec* 
tions to academies are weighty ! But be* 
caufe the prefent mode ot teaching in a« 
cacemies, it exceptionable, does it tqllowt 
that thofe feminaiies might not be fub- 
jefted to omlorm regulations, which would 
place them on the mod relpeflable foot^ 
ing ? Certainly not. 

But to common fchools let the atten« 
tion of government be ^turned. It muft 
give pain to every reflefting mind, to oh* 

ferve the miferable condition of thefe 

it would be a burlefque to call them^m* 
inaries of eduiation. In many parts oE 
the date the country is too thinly fettled 
to admit of the fupport ot any fchools 
whatever. In others, where fchool-houfes 
are built and teachers employed, the cafe 
is but little better — for the fird are fq 
wretched, and the latter fo ignorant, that 
they yield but little benefit to the com* 
munity. Toe confequence is, chtldreii 
are permitted to rife into manhood, igno« 
rant and uneducated— they become the 
fport of crafty demagogues— they knoif 
not how to be freemen — they are content 
to be little better than vafTals and flaves. 

Of Colleges let us repeat the language 
of his excellency : — «• If national profper* 
'* ity, if national pride, which is an honeil 



58 



ffifie 25alance. 



Fo5 1805. 



iA 



•• pride, fliall warm our bofoius with a wifli j| 
•• to fee our country great in the various 
•* arts and fciences, the prolific parent of 
•• ftaiermcn, legiflators, divines, &c. we 
*• cannot regard colleges with too much 
«• partiality. When judiciouRy arranged 
*• and conduSed, they become the boun- 
«« teous ifource of knowledge, of virtue, of 
" piety, of all that is great and good.** 

We fincerely hope that the legiflature 
will fecond the views of his excellency, 
and immediately «• lay the ground work, 
on which, the lapfe of a tew years may 
rear an edifice facred to fcience, morals 
and religion, which fhall exalt in dignity 
the American charaSer/' 

QUARRELS oTtHE GREAT. 

Our prediSions are faft fulfilling. The 
democrats at Wafliington have had a moft 
diverting quarrel. They begin to tell 
truth of each other, and fcold, and fret, 

and threaten ^ but, here are the de 

lails* 

The Commercial Advcrtifer gives the 
following account of the bufinefs :— 

Ajlormy ftafon at head quaxUrs. — We 
learn by a letter from Waihihgton, that the 
iaft week was unufually lempeftuous with- 
in the walls ot Congrefs. Tlie' report of 
the committee of claims in iavor of the 
Georgia Claimants was called t»p in com- 
Snittee of the whole, and padecl without 
debate. When it was taken up in the 
houfe, Mr. J. Randolph demanded, of the 
chairman of^hc committee, the reafons on 
which the report was grounded. — Finding, 
however, that he could not raife the chair- 
man from his Teat. •• Lit.le Ddvid,i^ highly 
enraged fcized his *• fling" and made the 
•• ftones** whittle unmercifully about the 
cars of the members who had advocated the 
report. To fpcak more intelligibly— In a 
focech ot more than an hour and a half, Mr. 
Randolph poured forth the moft aftonifh- 
ing inveaive againft the Georgia Legifla. 
lure of 1795. the claimants of the land, the 
gentlemen who voted m favor of the re- 
port, the Poft-Mafter- General, and his own 
party — and at Uft agairft the poor, defpi- 
ftd, perfecutcd tederalifls. 

In the courfe of his in'vefti^e, he de- 
clared in fubftance, that he fhould in future 
want fecurity for the purity of the inten. 
tions of his own party — that the mouths of 
Republicans mutt now be fealed in eternal 
tilence,' refpcain,f the petty lareenUs of 
the federalifts— and that the Poft-Mafter- 
General bad made ufe ot his fituation to 
influence members in that houfe.^ As he 
vaxed warm in the difcuflionibe increafed 



in eloquence. His heavieft blows were lev- 
elled at Matthew Lyon, who had formed 
fome contraft with Mr. Granger tor car- 
rying the MLail. "We have" — faid he, 
with one hand extendedand the other hang, 
ing gracefully by his fide-^** We have a. 
Jackall within thefe walls, who feeds 
not on the ofFals of a certain office, but 
who devours fome of the ckoicejl pieces 
and r0ams and prowh about while others 
fleep." 

Mr. Lyon in his turn, was equally liberal 
in abufc. He rofe wrathful and frown- 
ing. 

I " as if ruin 

Leap'd from his eyes. So looks the chafed lion 
Upon the daring hunts-man that has gall'd him." 

•• I thank God," faid he, •• that he has 
given me the face of a man, and not the 
vifage of an ape." 

Perhaps no debate has produced greater 
turmoil and confufion, than this, (ince the 
eftablifhment of the federal government. 
In confequence of Mr. Randolph's re- 
marks, the Poft-Mafter-General wrote to 
the Speaker of the Houfe, •• ftating that he 
had been informed, that during the debate 
a number of charges had been made againft 
his public and private charaEler, by a mem- 
ber ot the houfe, which he declared to be 
untrue, and foliciting an enquiry into his 
cond«a." 

Mr. Varnum moved to refer the lettertp 
a fele£l committee. A debate arifing on 
the propriety of fuch a reference — upon 
motion of Mr. Hugertbe farther confider- 
ationot the motioa was pofipon^d until 
Monday next," 

The debate on the report clofed on 
Saturday Iaft, tnd the vote pafle^ in its fa* 
vor, 63 to 54. 

The New- York papers alfo contain the 
extra£ls fubjoined: — 
ExiraQ of a letter from Wafhington^ da* 
ted February 1, 1805. 

There is high work, and bard words in 
congrefs. Mr. Randolph, made among 
others, a day or two paft, fevere animad- 
verfions on the Pofl- Mailer- General, and 
M. Lyon. Mr. Granger appeared this 
morning at the bar ot the houfe, and infift* 
ed on a committee ot that body being ap- 
pointed to inveftigate his ofRcial cooduft. 
This threw the houfe into a great ferment. 
How It is now I know not. 

ExtraR of another letter, dated Feb. 2. 

Juft from the Capitol, I employ a tew 
moments to inform you that at length, after 
five days debating, the houfe have decided 
on agreeirg to the report of the committee 
ot claims in favor of the Yazoo claimants. 
The ayes were 63, the nays 58. The com- 
mittee ot claims were inllruQed to bring 
! in a bill coniormably. 



There has never before been agitated a 
queflion in Congrefs, where io much bit. 
ternefs ot inveftive, and fo much rancor, 
ous abufe, have been exhibited. Bufinefs 
.has kept me from the hoUfe moft ot the 
week, but I attend enough to ^ecl afhamed 
of the conduft of the houfe.*— J Randolph 
began the fcandalous ftrain on Tuefday ; 
and continued it on Wcdnefday. Accu- 
fations ot bribery and corruption were ban- 
died about without ceremony ; he charged 
Granger with both indireHly ; and yefter- 
Granger fent a letter to the houfe requetl- 
ing an enquiry into his conduft. 
^ The fubjeQ, after fome debate, was 
poftponed till Monday, when we proba- 
bly (hall have warm work : he accufed 
Lyon of attempting to bribe another mem- 
ber, and compared him to a jackalL 
Yefterday Lyon read a fpeech he had 
written in anfwer, in which he vindica- 
ted himfelf, ?nd returned Randolph's 
Btningfgate. Among other things, be 
obferved — *• I thank God, however, for 
having given me the f^ce of a man, not 
that of an ape, or monkeyJ" — You know 
what a wilted eunuch countenance Ran- 
dolph has. 

Randolph's popularity and influence 
are gone, are funk forever ! 

I beard the fpeeches of Mr. Dana, and 
Mr. £lliot : both were cool, candid and 
argumentative, yet fevere. I am inform* 
cd that Jackfon and Ropt were unmer- 
ciful towards Randolph.' Indeed, Ran* 
^Iph (eems to have grown mad, and I'm 
I wot furc but he will need chaining. Chal* 
lenges are ferioudy feared by many. 
I have time tor no more. 



Duane, it appears by the following ar- 
ticle, takes part in this dreadful confliS. 
He has got on the Randolph fide of the 
queftion, and probably fijrnifhes ftones for 
I little Davids fling. He (eems to have a- 
j bandoned hif old crony, Lyon, notwith- 
ftandingthe warmth of their former friend- 
(hip. Where this affair is to end, we 
know not. We have no apprehenfion, 
however, that blood will be (bed on the 
occafion. 

The Yaz<io Empire,— On Thurfday Iaft 
we publifhed the lepori of the committee 
bt claims, on the fubj^rflof this fpecula- 
tion : this report concluded by recom- 
mending the adoption pt a refolutton pro- 
viding for the appointment ot commifTion- 
ers finally to adjufl and fettle the claims. 
On this report the Houfe ef Reprefen- 
tatives were occupied the whole of the 
Iaft week, and <ire arc forry to fay there 
is no great probability of the refult tend- 
ing to wipe from the national charafler 
the foul flain which had been caft upon it, 
by the profligate voce of the Legiflature 



No. 8. 



jS^ ^Wt$^ 



59 



ol Georgia, in 1795. In the early part 
of the difcuflion Mr. Clarke, a .member 
from Georgia, propofed to amend the 
cefolution, fo that none oi the claims, 
under the Georgia aft of 1795, fliould be 
allowed, and on this amendment prin- 
cipally the difcuflion refted — It was ad- 
vocated by Mr. Clarke and others, on 
the koown and incontrovertible grounds 
that the members of the Legiflaturc which 
palTed the aft. had been bribed and bad per* 
jared themfelvcs. In the committee of the 
whole, however, a majority decided in 
favor of the claim, and we mud believe 
to the aftonifhment of every honeft man 
in the country : on Saturday the queSioo 
was taken in the Hou(e, and the report a- 
dopled,ayes 63, noes 59 — wefli all fpeedily 
pubtiffa the yeas and nays on this mo- 
mentous queAion, for it certainly is one 
involving the honor and dignity of the 
unfon. 

The principal fpeakers, in favor of tbp 
report were Meffrs. Elliot, Euftis, Dana, 
Lyon, and Findley, it was oppofed by J. 
Randolph, J. Clay, Clarke. Gregg, Bed-« 
infer, Hojmes, and others. 

In the courfe of one of Mr. Ran- 
dolph's fpeeches, it was confidered that 
be implicated Mr. Gideon Granger and 
Mr. Lyon ; the former, in confequence, 
addrefTed the Houfe, demanding an eo* 
qairy into his conduft, and the latter roar* 
td in defence in a moil amuflng manner. 

The report having been adopted, a bill 
was to have been brought before Congress ; 
on Monday,. the faie of which will detecv^ 
mine whether our national Legiflature are 
prepared to fanSion a fraud, which ori- 
ginated in the mofl flagrant iniquity. 

The following is the clofe x>f Judge 
Chafe's plea :— 

•• This Rcfpondent Tias now laid before 
this Honorable Court, as well as the time 
allowed him would permit, all thecircum- 
flances of his cafe. With an humble truft 
in Pro^^idencc and a confcioufnefs that he 
bath difcharged all hts official duties with 
juftice and impartiality, to the befl of his 
knowledge & abilities; and that intention* 
ally he hath committed no crime or mifde- 
meanor,orany violation of theconftitution 
or laws of his country. — Confiding in the 
impartiality, independence and integrity of 
bis judges, and that they will patiently hear 
and confcientiouQy determine this cafe, 
without being influenced by the fpirit of 
party, by popular prejudice or political 
motives, he cheerfully fubmits himfelf to 
iheir decifion. 

^ |t it fball appear to this honorable Court 
from tlie evidence produced, that he hath 
afted in hi$ Judicial charafter with wilful 
iojufiice or partiality, he doth not with a* 
ny Uvor, but expefts that the wboh: extent 



of the ponifhment permitted in the con- 
flitution will be infiifted upon him. 

If any part of his official conduft (hall 
appear to this honorable Couvi^ JiriQi ju^ 
riSf to have been illegal, or to have pro- 
ceeded from ignorance or error in judg- 
ment ; or if any part of his conduEt (hall 
appear, akho' not illegal, to have been ir- 
regular or improper, but not to have flow- 
ed from a depravity of heart, or any un- 
worthy motive, he feels confident that this 
court will make allowance fortbeimper- 
teftions and frailties, incident to man. 
He is latiifiedthat every member of this 
tribunal will obferve the principles of hu- 
manity and juftice, will prefume him in- 
nocent, until his guilt (hail be eftablifhed 
by legal and credible witnefTes ; and 
will be governed in his decifion, by the 
mpral and chriftian rule, of rendering 
that juftice to this refpondent which he 
would wifh to receive. 

This refpondent now fiands not -mere- 
ly before an earthly tribunal, but alfo 
before that awful Being, who(<e prefence 
fills il fpace, and whofe all- feeing eye 
more efpecially furveys the temples of 
Juftice and religion. In a little time, his 
accufers, his judges, and himfelf -muft ap- 
pear at the Bar of Omnipotence, where 
the fecrets of ail hearts (hall be difclofed, 
and every human being (hall anfwcr for 
his deeds done in the body, and (hall be 
compelled to give evidence againft him- 
felf in the prefence of an afTembled uni- 
vejtfe. To his omnifcient Judge, at that 
awful "hour, he now appeals for the refti- 
tudeand purity of his conduft as to all 
the matters of which he is this day accu- 
fed. 

' He hath now only to adjure each mem- 
her of this Honorable Couit, by the liv- 
ings God, and in his holy name, to render 
impartial juftice to him, according, to the 
Conftitution and Laws of the United 
States ; he makes this folemn demand of 
each member, by all his hopes of happinefs 
in tlie world to corae» which he will have 
voluntarily renounced by the oath he has 
taken, if he (hall wilfully do him injuf- 
tice, or difregard the Conftitution or laws 
of tlie United States, which he has fo- 
lemnly (worn to make the rule and ftand* 
ard of his judgment and decifion. 

SAMUEL CHASE. 



aHtrttof^ do^et 



WONDERFUL POWER OF GOVERNMENT. 

A bill has recently been reported in 
Congrefs, •• to authorize the Circuit Court 
of the Diftrift of Columbia, to decree di- 
vorces.^* It is faid to be the work oi Beau \ 



Dawfon ; and we (hould (ufped as much 
from the following claufe : — 

^^ And be il further enaBed. That the 
" effefl of a divorce from the bonds of 
" matrimony (hall be to place the man and 
** woman parties to the faid fuit, free and 
'• clear from the power and control of 
••each other; and to place' tktm in the 
''fame plight and condition, to all intents 
•• and purpofes, as if they had never been 
^'joined j^ holy matrimony.'* 

This claufe has excited much merri- 
ment ; and has aftually fet many people 
on tip-toe. It is to be feared, however, 
that the powers of Congrefs will be found 
inadequate to the talk of carrying fuch a 
law into effeQ* 

AN OFFER. 

. . # 

I wi(h to know bow many cents theed-. 
itor of the Columbian Gazette Will take, 
and agree to fpare me from the dreadful 
la(h ol his terrible fatire. It is faid that 
he receives (ixty dollars per annum for 
his editorial labours. Suppofing then, 
there are (iity federal editors in the Uni- 
ted States,"Jupd I prefume there arc more) 
he receives one hundred cents each for 
laceraungthem. Now if he will not take 
double that i^om, and let me alone, he is 
unlike mdtf democrats. 

We are (orry, though we confefs not 
much furprifed, to fee revived, in a worth- 
lefs democratic print, an old cxplo<led lie 
concernir\g Gen. Pinckncy, ^the federal 
candidate for prefident. The perfon de- 
fcribed by the author of the Triumph of 
Infidelity was not Charles Cotefwortii 
Pinckuey, but Charles Pinckney, a noted 
democrat, and a man who could not be li- 
belled by any tales which his friends might 
publifh. 

PROSPECT OF REFORMATION. 

Ifaac^Mftchell, of Poughkeepfie, begins 
to admit- into bis paper,' eifays againft 5tf« 

duSion. 

Th« Salem Regtjler repeats " our fc- 
loved Prefidenf* fo ohen, that it would 
be an economical plan to fend to the foun« 
dery add get the leuers caA together. 



60 



^e SB^atett 



Vol. IV. 




9l[f0ricultuta!, 



EXTRACT. 

[The following article, which we find in several pa- 
pers, but know not where it originated, may 
with propriety be placed under our Agricultural 
head, as ir treats of a subject peculiarly interest- 
ing to fanners. Edit. Bal ] 

THE BOTS IN HORSES. 

MR. John Graggs, of Annc-A- 
ity, in Virginia, has pubhihed 
fonu impoitant oWervations relative to 
this diftempcr. He has found, from a£lual 
experimeni,that ^ofe worms are produced 
from the egjgs of a fl/ refemhling the hon- 
ey-bee. This fly, in the fall months is feen 
buzzing about horfes, and attaching its 
eggs or nits co fuch parts as it is likely the 
horfe may fvvallow them frorii biting him- 
felf when thole parts iich>%.Thefe eggs 
have alfo been known to find their way 
into the ftomach of the horfe,- by being 
mixed up with food in the fpring when 
horfes (hed their coats. Mr. Cfaggs has 
proved the truth of this h)rpothefis by keep- 
ing the bot-worm taken from the ftomach 
of a horfe, in a warm lempp.rature, till they 
pa fled through the feveral tranfmutations 
to a perfeft flv, fuch as I have defcribed. 
Thefe bot-worms are hatched in the ftom- 
ach of a \. \ fe from the nil ot the fly. they 
are covered with hair, and have a trunk or 
probofcis, refen^bling the point of a gim- 
bier. Armed with this fcrew -like pro- 
bofcis, and wkh this panoply of hair, they 
defy the moft powerful medicines. Eve- 
ry avenue of communication with the in- 
fide of the flomach is clofed, from the 
manner in which this trunk is fcrcwed 
^ioto the rtiaw. Therefore, they are fecure 
from any remedy which is to operate on 
them inwardly ; and their thick coat of 
fcair renders every externaf application 
abortive, by conv^'ying off the moft pene- 
trating and corrofive medicines. Thus it 
is, that when a horfe is attacked, the bots 
mock all medical fltill/and experience, and 
the generous, and valuable animal dies in 
•convulfions, uithout a poffibility of cure 
from human aid. 

Ihe remedy Mr. Craggs recommends 
is to fcrape the nits oiT with a common 
knife. This prevention has not only 
proved efficacious, but has eflabliOied in* 



conteftibly the origin of the bots. For 
Mr. Craggs, although he has been in the 
habit of keeping in the ftable a gicat num- 
ber of horfes, he has never known any to 
die when this prevention has been ufed. 



%Wt%tiimmU 



A SAVAGE RUFFIAN. 
Two Hundred Dollars Reward. 



\^Nthe loth inftant, Stephen Ar- 
nold, oi the town of Burlington, county 
of Oifego, and Slate of New-York, return- 
ed home from a fchool he was teaching in 
the neighborhood, and enquired of a little 
orphan girl of (ix years of age, who lived 
with him, whethei flie would fpell and pro- 
nounce GIG aright, flie immediately repli- 
ed ^* yesjir^" but being terrified by the fe. 
verity of his manner, or not having acquir- 
ed the conDraand of articulation, or potfibly, 
but not probably, froin a perverfe humor, 
flie pronounced it Jig. He then went out 
and collefied a number of green rods or 
fwitches about three feet in length, with 
which he returned, and threw them down 
by the fire, declaring that he would whip 
her until (he pronounced the word aright ; 
his wife obferved that the flicks were too 
big, he faid he woil^ld fix them, and placed 
them in the embers and twilled them fo as 
to render them fupple ; he then took fix 
or fevenof ihem and the afTfighted child, out 
of the houfe, into the fevere cold evening 
air, and turning her clothes over her head, 
to prevent her fcreams being heard,^ and 
clofing them in his left hand, which he reft- 
ed ori the top of a ftake or poft, held the 
child up in that manner with her body en- 
tirely naked, and whipped hei tor lome 
lime with great feverity, when being hirp- 
(elf cold, he took her into thp houfe, and 
aflced her if fl)e would proaouhce the word 
right, flie, as before, replied in a humble 
and obedient manner, *• yes fir," but could 
not or would not pronounce the g hard 
but ftill hid jig. He then took her to the 
fame place, and repeated the barbarous 
fcourging in the fame manner, at feven in. 
tervals, bring^ig her into the houfe be- 
tween each and repeating the fame quef- 
tion, and receiving the iameanfwer as be- 
fore. The fixth time he came in, after 
warming himfelf he told her fhe muft go, 
out again, upon which the child in a pite- 
ous and intreating tone faid " Do uncle 
let me warm my feet ^ they area'mojijroze,^* 
He quickly rephed in an enraged manner. 
*• rilwarmyourfeetfor you,'* diud feizing 
her, repaired again to the bloody poft, 
where he, in the moft favage manner, ex- 
ceeded bis former tortures. The mifera- 



I ble child languiflied nearly lour days and 

expired. The ftu':)S or remains of feveral 

of the flicks were found broken or fliWer* 

I ed off to about a foot in length. The whole 

I of the horid tranfaElion occupied about an 

i hour and an half ofTinie, diiring which nei- 

j ther pity or compunftion was difcernible 

I in bis eyes, features, words or aflions ; but 

I he declared that he *• had as lieve whip 

' her to death as not." The favage fury 

of this tyger in human (hape, is declared^ 

by the phyficians, and members of the 

Coroner's Inqueft, to be indefcribable. 

: The whole of her back had the appearance 

of a mafs of bruifed and lacerated raw flf fh, 

her thighs and legs were deeply cut in va- 

rious places, exhibiting a fight of horror, 

which would chill the blood of the moft 

\ infenfible of the human race. The bereav- 

. ed and di ft re fled mother has been, at times 

delirious. The monfter, who perpetrated 

t|)is horid a3, made his efcape a few hours 

before death had delivered the viQim of his 

barbarity from further torture ; He has a 

wile but no children, is about 34 years of 

a^^e, fandy hair, a little bald, fpeaks through 

his nofe, has fomething of a down look, 

ftipws his upper teeth when fpeaking, is 

very abftemious as to flrong drink, bas a 

father in Rhode IQand. 

The fubfcribers will pay the above re- 
ward, which is made up by the contribu- 
tions of the good citizens in the neighbor- . 
hood, to any perfon or perfons, wha 
will apprehend the. faid Arnold and deliv- 
j^erhiin to either of them in Burlington, a- 
forefaid,or producefufficient teftimony,that 
he is fecured in any Gaol in theUnitedStates, 
Louifiana, either of the Canadas or Nova- 
fcotia,; fo that he may be brought to trial ; 
and they ftrongly recommend that every 
perfon would be vigilant to deteft the vil- 
lain, and to take particutur notice of all 
ftrangers they may happen to meet with. 
All printers in America, Europe, or the 
Weft-Indies, will fubferveihe caufc of hu- 
manity by giving the foregoing, or the fub-. 
fiance thereof, one or more inferiions in 
their papers. 

Burlington, County of Ot-"^ 
fego, and State of New-York, v 
January 26, 1805. J 

MERRICK CHAMBERLAIN,-^ n 
ELIPHAZ ALEXANDER, 
BROWN SMITH, 
EZRA S. DAY, 
GAD CHAPIN, " J 8 



o 
3 
B 



SCRAP. 

THE ancients heaped flowers on dead 
bodies, but only gave a wreath of laurel to 
the living hero. Let us obferve this rule 
in writing. Great thoughts like great men 
need only fimpl6 drefs ; but let us cover 
the corpfe of dulnefs with all the flowers ot 
rhetoric. \^Mon. Antho.] 



1^0.8. 



CJe 2?alance» 



61 



jitoolutionarp CritonaL 



FROM THE EVENING POST. 



TRIAL OF JUDGE CHASE. 

t The trial ot this diflinguifhed patriot 
and venerable Judge, ' has commenced. 
As we prefume that every thing on this 
fiibjeft will be fought after with more than 
common intcreft, we lay before our read« 
ers the following details of the prepara- 
tions which have been made for the occa- 
fion, and the proceedings that have already 
taken place. We (hdll continue to pub- 
lilh fuch accounts oi this tranfadion as 
will enable thofe who may perufe them 
to fornn an accurate judgment of its true 
nature. And unleU we are greatly de- 
ceived, the inveftigation, which hasjuft 
begun, will fatisty all honorable and can- 
did men o\ the innocence of the accufed, 
and of the vindi6live pafTions which produ- 
ced his impeachment. 
.\ "■"■ 

tROM THE AURORA. 

JVaJhington^ Feb* 4, i8«5. 

The trial of Judge Ch^fe, upon the im- 
peachment oi the Houfe ot Reprefenta- 
tives, commenced this day ; agreeable to 
the former determination ot the Senate. 
Previous to an account of the proceedings, 
I (hall iiifOrm you ot the arrangemeht and 
et&tt of the the court. The Senate, in 
its legiflative capacity, at prefect occupies 
the north-weft room, formerly the office 
of the Secretary. 

The Senate chamber is fitted up in a 
handfome fiile as a court ; and laid out into 
apartments for the Senators, and Houfe ot 
Reprefentatives, the managers, the accu- 
fed, and counfel ; the members ot the ex- 
ecutive departments, befide a femi-circular 
gallery, conftru6led within the area of the 
chamber, which forms from its front an 
amphitheatre continuous with the fixed 
gallery of the fenate chamber. 

On the right hand, and left of the Pre- 
fideot of the Senatte, and in a right line 
with his chair there are two rows oi 
benches, with defks in front and the whole 
front and feats covered with crimfon 
cloth ; fo that the Senators front the audi- 
tory. 

The Secretary of the Senate retains his 
ufual Aation in front of the Prefident's 
chair. On the left of the Secretary is 
placed the fergeant at arms oi the Senate, 
and on h>s right the fergeant at arms ot the 
Houfe of Reprefentatives. 

A temporary femi-circular gallery, 
which confifts of three ranges of blenches 
is elevated on pillars, and the whole front 
and feats thereof covered with green 
cloth \ at the angles or points oi this gal* 



I lery there are two bojfes which proj"ft in- 
to the area about t^ree feet from the line 
of th« front, which favc the abruptnefs ot a 
fquare termination, and add conGderably 
totbeeflfeS of the coupd'ceil. In this 
gallery ladies are accommodated, and they 
afTemble in numbers. 

On the floor, beneath this temporary 
gallery, three benches are provided rifing 
from front to rear, and alfo covered with 
green baize — ihefe benches are occupied 
by the members ot the Houfe of Repre- 
fentatives ; on their right there is a fpa- 
cious box appropriated for the members of 
the executive departments, foreign mini- 
ters, &c. &c. 

ApaiTageis opened in front from the 
Prefident's chair to the door ; on the right 
and left band of the Prefident, and in 
front of the members of the Houfe of 
Reprefentatives are two boxes of two 
rows.ot feats ; that facing the Pre fi dent's 
right, h occupied by the managers ; that 
on the other fide of the bar for the accufed 
and his counfel ; thefe boxes are covered 
with blue cloth/ 

The marfhal ot the diftri£l and a num- 
ber of his officers have charge of f^veral 
fiations, in the avenues of the court and in 
the galleries ; and the whole is fo well 
arranged as to be conduced on the open- 
ing with all the order and filence that 
could be defired. 

At twelve o'clock the Senate, by their 
Secretary, made a communication to the 
Houfe of Reprefentatives, that tjbey were 
ready to proceed upon the trral in the 
fenate chamber, ; and thereupon proceed- 
ded to their Rations preceded by their fer- 
geant at arms ; and the Prefident (Mr. 
Burr) being feated : 

The members of the Houfe of Repre- 
fentatives, preceded by their fpeaker and 
managers, having entered into the court 
and taken their ftations ; on the front 
feat Mr. Rodney, Mr. Nicholfon, Mr. 
Clark, and Mr. Randolph ; on the fecond 
row, Mr. Campbell, Mr. Boyle, and Mr. 
Early. Chairs were provided ot the left 
of the managers for the fpeaker and cle rk 
of the Houfe of Reprefentatives. 

The Prejident then direfted the crier 
to open the court; which was done in 
the old Norman ftyle ; Oyez I Oyez I 
i Oyez I all manner of perfons, &c. 

The Prejident then direfted Simuel 
Chafe to be called, which was done, and 
'be appeared. ^ 

On Judge Chafe advancing to the bar, 
followed by his counfel, the Prefident 
addreffed him, informing him that the time 
which the Senate had granted to prepare 
for his defence was now expired, and he 
defired to know ii he was prepared to an- 
fwer to the charges preferred againft him 
by the Houfe ot Reprefentatives. 

Judge Chafe-\hcn delivered fome ob- 



fervaiions in too low a voice to be 
heard by us diftin£l!y, but feemed to 
import, that the time was not as much 
as he wifiied, and that his an fwer was not 
fo coroplde as he had defired. He con. 
eluded by handing a paper, which was 
delivered by the fergeant at arras to tjje 
fecreiary of the Senate, and by him read : — • 
thereupon. 

Ihe Prejident of tb? Senate having alfo 
read it, faid to the effeft, that there was 
fomething in the paper, or annexed to 
it, by which he undertook to direA the 
court A^a; they Jhould proceed ; the reft 
of the paper appeared to contain an ex- 
preflion ot the Judge's wifhes, that his 
plea might be read at the bar by himfelt 
and counfel. 

Judge Chafe faid that part which was 
exceptionable might be erafed. 

The Prejident faid he bad cancelled 
(hat part, and hoped that that kind of pro* 
ceeding would not be repeated. 

The Prejident then informed him, that 
feats were provided for himfelt and cotJn- 
fel :— the Judge named them, .Meflrs. 
Luther Martin, and Robert G. Harper, 
of Baltimore ; and Jofeph Hopkinfon ; 
and then feated himfelt : his fe^t was fep- 
arated by the bar from Mr, Rodney, who 
fat on the other fide — on the Judjre's right 
were in fucceflSon Mr. Martm, Mr. Hop- 
kinfon, and Mr. Harper. 

J^dge-^hafe then produced his pl^, 
which confifted of upwards of an hundred 
folio pages of engroffed manufcript — he 
read the caption and introduflory part, 
an4 then handed to Mr. Harper, who 
continued to read till two o'clock ; when 
Mr. Hopkinfon continued the reading to 
foul- o'clock ; when Mr. Harper contin- 
ued for about half an hour ; the Judge 
read the clofin^ part, which was a fulemn 
religious appeal. 

After a few errors made in tranfcribing 
were correfled : 

Mr. Randolph (chairman of the mana- 
gers) faid — am I to confider this plea and 
anfwer of the refpondent as final, or does 
he mean to go furthei ? 

The Prejident — I underflood that this 
anfwer, now given in, is that by which 
he means to abide. 

Mr. Randolph — That ercat)ed my hear- 
ing before — 1 now on behalf of the man- 
agers require of the Senate time to prc- 
Sire^a replication to this plea and a copy 
ereof. 

The Prejident — Upon this requeft the 
Senate will deliberate and duly advife the 
Houfe of Reprefentatives. 

The court was then adjourned. 

The plea of the Judge is copious and 
what the lawyers would call a very able 
plea; i^ confifts of a recapitulation ot the 
charges,' and much l**gal controvcf fion 
oi the principles of the fevcral articles. 



62 



€6e 2?ialante* 



For 1805. 



wmm 



There is very little if any thing in point 
of tafi denied, and even the paper handed 
•bout in court on Fries' trial is not only ac- 
knowledged but is juflified as proper and 
neceffary ! The refufal to hear E^glifh 
books read as authority is got rid of with 
dexterity, upon the ground that no Eng- 
lifli law book, prior to the revolution ot 
1788 ought to be received as authority. 
The political charges from the bench he 
/ vindicates as right, fitting, juft, and necef- 
fary^^and, as ii had been done htretofore, 
it was not cenfurabie or impeachable in 
b1m to do (o then. 

He alfo pleaded human infirmity, and 
as in the cafe at LancaJUr, declared his 
errors were not crimes. I fupppofe his 
plea will be pubiiflied, but the court will 
not fit again until the replication fhall be 
ready, which I fuppofe will be by Friday 
or Saturday next." 

FROM THE PHILADELPHIA GAZETTJE. 

ExtraB of a letter fr^m a Correfpondent 

at Wajhington, dated Feb. 4, 1805. 

" I am juft arrived fronri (he Senate 
Chaml?er-^The trial of Judge Chafe has 
proceeded, and a fhort (ketch, I prefume, 
will not be unacceptable to you. 

About halt paft la o'clock, the court 
being opened, Samuel Chafe was called 
to appear at the .ba::-^he appealed iMCcoi;d- 
ingly, attended by Luther Martin, 'Aob« 
ert G. Harper, and J. Hopkinfon^J&fqrs. 
as his- counfel. Mr. Harper rofe and 
called for the proteft, which was brefen- 
ted to the court at the introdu^Qn by 
J\idge Cbafe-^Mr. Harper commenced 
reading the fame, and ^a3 ^ffiil^ by Mr. 
Hopkinlou. 

The p^oie ft toot three hours and three 
quarters reading, and contained anfwers 
to the ieveral articles of impeachment. 
Judge Chafe clofed it with a very pathet- 
ic addrefs to the confciences of the mem- 
bers of ihe court {thirty-three f>eing pre- 
Cent, bcGdes the Prefident, Mr. Burr,) 
and an appeal to the fearcher of hearts, 
before whom, he and his judges muft be 
anfwerable, for the purity of their tnptives 
and atlions, 

Mr. Randolph, from the managers of 
the impf*a^hmen^ lofe and requefted a 
copy of the profefl, in order to enable a 
replication thereto: which accodingto 
prder being to be decided in privarc.- 

The court adjourned till to-morrow." 

4notlur :-^fame date. - > 
«• This (Jay at one o'clock, the H'gh Court 
of Impeachment was opened, and Judcje 
Chafe with his counfel, Mr. Mariin^Mr. 
Harper, and Mr. Hopkinfon of your city, 
made his appearance. Seats were provid. 
ed for them on the righ^ hand ^s you en- 
tcr the Senate room, and feats were alfo 



provided for the Managers on the left h^nd, 
— Four of the Senators not before fworn, 
took the oath, Meflfrs. Bayard, Gailiard, 
Cocke, and Stone, Judge Chafe requeft- 
ed leave to plead by himfelf and counfel, 
which was immediately granted. 

At five minutes part one, Mr. Harper be- 
gan the Judge's anfwer : the reply to the 
nrft article of the impeachment took one 
hour. It was, in my opinion, a complete 
juflifi cation of himfelf. Mr. Harper and 
Mr. Hopkinfon alternately continued the 
anfwer to the whole eight articles, which 
took, till B5 minutes paft four. Judge 
Chafe then in a folemn . manner, addrefTed 
a few words to the court. Randolph in- 
formed the court that the managers wifhed 
a copy of the reply, and time toconfult the 
Houfe : the Senators retired to the com- 
miltee room, where they have met of late, 
& the Houfe to their chamber to adjourn. 

The whole anfwer of Judge Chafe was a 
maftcrly produftion : heexpofediheonjil- 
fions, mifreprefentations, and incorreft 
ftatements of bis accufers ; proved the legal 
necefTity of his conduft in many inffances, 
for which he was accufed, the propriety in 
others, and his innocence in the whole. I 
had no expectation of having my mind fo ful- 
ly fatisfied. I felt a degree of pity that al- 
moft extinguilhed indignation towards bis 
accufers. I was pleafed to find (what 
could not otherwife have been well expeS- 
ed) that his anfWer has made a deep impref- 
fion on thchoncft of the democrats. I afked 
a decided democratic member of the houfe 
who had voted for his impeachment what 
he thought of the reply. *• The conduft 
** of Judge Chafe,'* faid he, «• he has fup- 
•• ported by ftrong reafoning that it will 
" be difficult to overcome : I told you 
*• long a^o he would not be convifted." 

The Senate Room was crowded ; bnt 
few ladies, the weather being extremely 
cold. 

The Houfe have done nothing yet on 
Granger's icqueft/' 

FROM THE UNITED STATES GAZETTE. 

FxtraCl of a letter from our Correfpondent 
at Wajliixigtou , dated February ^, 

About half paft twelve o'clock yefterday 
the fenators^ preceded by their prefident, 
entered the chaniher which had been fit- 
ted up for the trial of the impeachment ; 
fhortly after, Samuel Chafe was cited by 
the crier to appear, and entered with his 
counfel, Meflrs. Martin, Harper and Hop- 
kinfon. Being afked by the Vice Prefi- 
dent if he was ready for his trial, he an- 
fwered that he had prepared, as well as the 
fhortnefs of the time allowed to him would 
permit, the rough draft of an anfvyer which 
ne defired permifTion to read by himfelf or 
counfel, The anfwer was accordingly 
read by Mr. Harper and Mr, Hopkinfon 



alternately, and otcupied the time of four 
hours. This anfwer is a moft able pro- 
duftion,.and enters fully into the vindica- 
tion of the judge's conduft on each charge. 
When it was finiflied Mr. Randolph re- 
quefted a copy tor the Managers and time 
to reply. The Vice Prefident anfwered 
that the Senate would confider his requeft ; 
and he invited the members to retire to 
their chamber. This day the fenate in- 
formed the houfe of reprefentatives, tf^at 
a copy of the anfwer was prepared ; 
and-notbing further has, I believe, beea 
done. 



'^^ 




Bt it ow weekly task, 
1*0 note the passing tidings of the times. 

^Utr^On, February 19- 



CLOSE ELECTION. 

The following is the refult of the Maf- 
fachufetts eleftion for Senator in Cod* 
gcefs. 

Flm 7naL ^nd do.. Sd dm^ 
Timothy ^Pickering, 97 98 103* 

William 1£ustis, 99 106 99 

Isaac Parker, 5 2 

Whole nomber of votes, 201 200 20X 

Mr. Pickering was of courfe elefied. 

APPOINTMENTS. 

BY THE COUNCIL OF A?POINTMENT. 

Wajhington County, 

. William Livingflon and Henry Van 
Schaick, APfiftnt Jvjlices and Jujhc^s 
of the Peace; David Wood, Simeon r)e 
Rider, James Hill, Jonathan Wood audi 
John White, JvjHces oj the Peace. 

Tioga Ceunty. 
William WondrufF. Sheri^, and Wil, 
Ham Jenkins, Surrogate. " 

Cayuga County, 

Ehenczer Qreen, Infpeilor oJ Beef and 
Pork. 

Renffelaer County. 

John GrifBth, hj^eilor oJ Beef, and 
Pork. 

Schoharie County. 
Stephen Lawreoce, SAeri^^ 



No. 8. 



(JTfte 2?a!anee. 



6 



Extract of Ji letter from a friend of the Editor. 

*• Albany, Feb. 14, 1804. 

On Toefday laft. the houfe took into 
eoniideratton the objeftions of the honor- 
able council of rcvifion to the bill, enti- 
tled, " an aS conctrning lihls^'* and 
having rec©nfidered the laid bill, Mr. 
Speaker put the queAioD, whether the Uid 
bill, notwithftanding the objcQions of thf» 
honorable (he council ot revifion, fcould 
become a law oi this ftate, and it was lod 
—Nays 65, Yeas 12. 

" The fame day, Mr. Wm. W. Van. 
Nefs gave notice, that on fome future day 
he would move for leave 10 bring in a bill, 
entitled, •' An a3 concerning libels.'^ 

LONDON, NOV. 26. 

Buonaparte has lurntfhed another com- 
nent upon the'I^awof Nations, iri the 
floppage and robbery of Mr. Wagftaff, 
the Britifh Meffenger, on his way to Ber- 
lin, with difpaiches. This aft of high- 
way robbery and felony was committed, 
on the 13th, at noon day, between Rhena 
and Schwerin, by fix French foldiers, one 
oi whom was of fuperior rank to the red, 
within cannon (hot of the out-po(ls of the 
French army in Hanover. They robbed 
Mr. Wagftaff and a Hanoverian Courier, 
who was with him, of the difpatches, and 
made the ftrifieft fearch left they fliould 
bave omitted any o! the official papers. — 
They dragged them both out of the car-' 
riage, and beat them moft unmercifully .— 
Tbey*tore their clothes, ran facked i,heir 
pockeu, and robbed thorn ot their watch- 
es, money and every article except their 
wearini^ apparel. They tore the infignja 
from Mr. WagftafTs breaft, and then tied 
btm and the Hanoverian to two feparate 
trees, in an adjoining wood. After fome 
time Mr. Wagftaff contrived to relcafe 
himfeU and the Courier, and imagining of 
courfe, that it was perfeftly unneceffary 
lor him to proceed to Berlin without the 
difpatches, returned to London, where he 
arrived yefterday. 

DECEMBBB I7. 

We have 1^;^ aflured our readers that 
war ~with Spain was inevitable. We have 
noMT to ftate, that the die is finally call, 
and that the letters oi marque and reprifal, 
which have for feveral days paft been ^tq^ 
pared, will immediately be ifTued. The 
Chevalier D^Anduaga, the Spanifh Am- 
baflbr at our court, has received bis paff- 
ports« and purpofes fetting^ out this day, 
on his return to Spain^ accompanied by 
Gen. O'Farrelli an officer in the Spanifh 
fervice. The grounds of the war will 
fliortly be made known to the nation by 
minifters ; and, if we are correQly inform- 
ed, a ftronger cafe than that to be prefent- 
ed has rarely been made out on any fimilar 
occafion. Faft failing velFels are imme- 
4iateiy to>e Uifpatched to our dififercnt 



fettlements abroad. There being no Span- 
ifh (hips at prefent in our ports, except 
thofe under detention by our cruisers, no 
order for an embargo will of courfe be if- 
fued*. A veflTel is juft arrived at Sandgate 
creek, which left Cadiz on the 2©th ult. 
wiih only halt a cargo, in'confequenc'e of , 
an intimation fcom the Britifh Conful, j 
that he did not confider it fafe for Englifli 
veflVls to remain in that port, an order for 
an embargo being houj-ly expe&ed. Six 
Britifh men of war, of different defcrip- 
tions were then cruizing off Cadiz. 

PORTSMOUTH, DECEMBER 16. 

Tbfe following is an exira£l of a letter 
with which we have been favored from an 
officer on jjoard his Xfajefty's fhip Fi(h- 
gard, dated ofi" Cape St* Vincent, Novem- 
ber 28 : — 

•* We cannot defire a better ftation ; we 
heard of hoftilities with Spain, on the 15th 
of Oftober, and on that very day we cap- 
tured twif fhips. Lor;! Nelfon received 
from us the firft intelligence of the rupture. 
We have already taken twelve fliips, and 
entertain hopes of as many more. Yefter- 
day we fell in with the Donegal, Capt. 
Sir R. Strachan, who has taken a large 
Spanifti frigate, after a chace ol 46 hours, 
v&||d 15 minut^ a£lion, in which the Span. 
fill captain was killed ; the prize was from 
Cadizi with difpatches for Teneriffe and 
tlie Havanna, laden witl^ ilores. The 
Donegal has alfo captured another Spanifh 
fhip, fuppofed to be the richefl that ever 
failed from Cadiz — her cargo is reported 
to be worth 20,000/. 

'• November 29. — We have this day ta- 
ken a large ftiip from the River de la Plate. 

•* December 3. — Since writing the a- 
hove, we have captured the following 
fhips : 

NoftraSignoradel Rofario, value 10,000/. 
II Fortune, 8,QOo 

St. Jofeph, 12.000 

La Viegine Affumpto, "6.000 

Apollo, ' 15,000 

Signora del Purificatione. 40,000 

Fawkett, 1200 

Gufiavus Adolphus, 1000 

A Settee, * 600 

A fhip with naval fiores, 40,000 



Otfie Hinot 




M A R It I E D, 
At Lansingburgh, Mr. Gakdiivbr Tbact, Ed- 
itor of the LoMingburgb Gazette, t» Miss Cath* 
ARiKK Lahs xirv, daughter of CpracUus Lansing, 



At Troy, Mr. RrcHA^D P. Hart, merchant, of 
Cambridge, to Miss Delia Maria Doi^x, daugh- 
ter of James Dole, Esq. 

At Pembroke, K. H. Mr. Isaac HmAc to Miss 
Sally Hsad.— « Tw> Head* are better than one/* 
says a wag. ^ 

At Edentofi, N. C. John Little. Esq. to Misa 
Nancy Littlejohh.— What names can bc'bet- 
ter matched ! 



nOi 



€i)e ftneU* 




At Canaan, (N. Y.) on the 21jt uU. suddtnlf, 
Captain TsoMAS Tbrrill, in the 59th year of 
his age. 

fCJ^ The Printers of the Connecticut Courani are 
requested to notice the above death in their paper. 

At New-York, the Hon. John Sloss Hobart, 
Judge of the Distnct Court of the District of Kew- 
Y«rk, aged 66. A revolutiMiary patriotT 

iLn Jlew-Jtrsey, General Joseph Brbarly, % 
patriot^ th« revolution, aged 92. 

At Savannah, Dr. Noble Wimbrrly Jones 
a very aged and respectable physician, distinguished 
for hift Services and suflSerings in the American re- 
volutkn. 



ToM^tX^* 



Want of room compels us to postpone the paie^ 
ticidfttft of the late attack on the Liberty of the 
Press m Massachusetts, until our next. 

A continuation of the proceedings against Judge 
Chase will be given next week. 



^ttcejai Current 

AT HUDSON. 

[corrected WEEKLY.] 

Saturday, February 16, 1805. 

D. C. 

fVkeai 2 12 I 

Jiyt 1 19 

Corn 1 00 

i^^' • 53 

Butter,. 21 

CAeeJe 09 

Lard., .'. 12 

l Tdliow V 16 

U £<44 Jrax 28 



64 



dt&t ^eimtt* 



Vol. IV. 




rOR THE BALANCE. 

CELIO AND CLARfNDA. 



B, 



>RIGUT rote the sun, and sweetly tmil'd the 
fiiom ; ' 

The wanton Zephyrs sigh'd through every grove i * 

The Redbreast tnn*d his little pipe, to warn 
Each swain toie^ve his couch and ramble with" his 
love. 

Rous d by the call, young Cclio quick obeys ; 
He greets Clarinda waiting for her swain, 

Then with his charmer o*er the lawn he strays : 
His heart with joy exults, nor dxeams of future patn. 

Kor lets Clarinda, who his love retum*d, 
Enjoy'd the pleasures of a mom so bright s 

Their virtuous hearts with e^ual fondness bum'd* 
Xer joy young Cello was, Clarinda his delight. 

All nature Jetm'd in concert to unfoM 
Her brightest beauties to esrich the scene } 

Each dew-drop gtitteilng, seem*d a gem in gold* 
$ay flowers regard the eye, t^e groves weiede^'d 
in green. 

The woodland warblers, skill *d in tweetett song, 
Chant to the groves their sweet melodious lay » 

Each shrub, each flower seem*d furnishM wUh a 
tongue 
To serenade the mom, and hail the rising ds^. 

Ckarm'd with the scene, the lovers o«ward 
' stray'd, 
To where the woodbine form'd its magic bower, 
Here plao'd btueath its cool, enchantmg shade. 
They spent in converse sweet, ^the swiftly paMUflf 
hour. 

Thiak ye who love ; now h^py su^h. a pai?, 
Wh i%e hearts chaste love and innocence unite i 

Whose bosoms freo from every anxious care. 
Heave but with iove's sofc sighs, and throbbing of 
delight. 

But where*s the scei»e so lovely 'twi|l not fade ! 
Where spriags the flower forever in its bloom ? 

The brigh:etit pros^pects ofr are darkest made. 
And where j->y s>fc f^etest vmiPd, there frowns the 
deepebc gloom. 

Ah ! hapless Celio, thou canst witness this. 
And thou, Clarinda, happy in thy swain ; 

Love 8hew*d a day of pure, unclouded bliss. 
Nor dream 'd your hearts of aught, that could inflict 
a pain. 

But hark ! sbe shrieks, and flies to CelioH arms. 
Ah! envious serpoat thus to wound« shecry*d| 



Adieu, fond yomh : farewelVUlh*s gilded charms i 
Again she leokfd, adieu ! then hung her head and 
died. 

Awhile, in sfieechless woe jmmg C^o gaz*d ; 
The tear, wild glistening, aurted m hts eyes ; . 

At length to heaven his trembling hands he rais'd, 
" O God ! tho' veiled in clouds, ihy ways are jast/' 

be cries. 

«« Yet wJlil qjourn since nature on me frowns. 
« Ah, hapless youth, ere long must break thy heart : 

-« Impervious gloom thy youthful head smronnds, 
<* Come then, O death * he waits, nor trembles at 
thy dart. 

" What has he left to make this desart smite ! 
*' All, all is gone : Clarinda sleeps in death. 

" The world has nought but sorrow to beguile; 
•« He pants to sleep with her, for her to yield his 
breath. 

•* But raoum no more ; kind death is on the wing : 
(* Soon wil|^ he house thee in thy kindred clay. 

<• Then shalt thou chant, • O death ! where is thy 
sting." 
« I come, my lovt, to thee, where beams eternal day. 

** Then shall soms bard, whose love torn heart 
has bled, 
** In mournful strains the piteous story tsU, 

** How to the skies kis trembiinr spirit fled, 
*< When nature took hb all, and his Clarinda fell.** 

C. 



- ^itjet^iQi. 



[Tlie following advertisement appears \n an Alex- 
andria, paper. Its drollery resist excite a laugh 
every where, although its point can be feit only 
where the circumstances of the case are known. 

Edit 3a)] 

THOSE pfcrfons who have been in the 
habit oi ftealing my fence tor a coaridera- 
ble time pad, are refpeClfeHy informed, if 
equally agreeable to them, it will be more 
convenient to me, it they will ileal my 
wood, and leave the fence for the prefent 
—and as it may be attended * with fome 
little inconvienqe getting over the palings 
the gate is left uotailened for their accom- 
modation. J. SWIFT, 

A DEMOCRATIC ANECDOTE. 

A few years ago a lawyer in Virginia, a 
true difcipic of the new fchool, and mad 
for what his fe£l calls reformation, made a 
grave and folemn addrefs to a court ; in 
which he expatiated at large on the flavifh 
ignorance of our poor anceftors, and in 
the true democratic Jiang, hoped tfiat the 
court would hereafter forbid the ufe of 
the aiifiocratic words '• your bonoft" and 



*• gentlemen of the jury," The judge, 
though prevy much of a demo, was afton- 
iflied at Tuch folly ; and replied in gener* 
al/terms, that if the gentlemen o\ the Bar 
ufed rdpeSful terms, in their addreflcs, 
the court would not think it neceflary to 
infift on any particular form. This was e- 
nough« the true equalizers were rejoiced 
to perceive that there were to be no more 
gentlemen among them, and thai things 
were to be fettled to their wifhes. Tho 
Sergeant of the court, Tomewhat of a wag^ 
being diT«6led to call the Jury« began in 
the ufual way ** gentlemen of the Jury — 1 
mean Citizens of the Jury — I beg pardon 
for having called you gentUnun'* — This 
piece of humor, the more appofitc as the 
general appearance of the Jury required 
fome fuch apology, turned the efforts of 
our legal reformer into fuch ridicule, that 
the good old tafhion of " your honor" and 
•• gentlemen" coptinues to this day^ noau*. 
grc all the ** moonfliine of democracy." 
[Norfolk Ledger.'] 

A (hip called the Jffferfon^ was lately 
compelled to cut her cables and put to fea. 
from the Cape of Good Hope, the Dutch 
Governor having difcovered her to be a 
Britijh Spy /—This is not the only Chip of 
that name which fails xxnAtx fal/e colour $• 

\lren. Fed.'\ 



TERMS OF THE BALANCE, 

FOR 1805. 

To City Sobscribevs, Two Pollan and Fif^ 
C«nts, payable quarterly. 

To those who receive them by mail. Two Dol« 
ars, payable in advsmce. 

To those who taKe their papers at the office, in 
bundles, or otherwise, a deduction from th« city 
price will be made. 

A handsome Title Page and Table of Contents 
will accompany the last number of the volume. 

Advertisements inserted in a handsome and con* 
tpicuovB manner, in the Advert'tHr which accorap** 
nies the Balance 

NOTE. 

The first second and thvd Volumes of the BaUnc« 
may be had on the following terms '— 
Firtt Volume^'Unbound^-' » • J$ 3 

Second Volume^ • . g 2, 5# 

IbhrdVoiume, • • . 2 2,59 

7 be three together, , - g 6, 

If bound, the price of binding (either plain or eP 
egant) will be added. — An nnbound volume may bt 
sent to any post-office in the state for 53 cents pos|* 
age ; or to any post-office in the union for 78 cents 

PUBLISHBD BY 

HARRY CROSWELL. 

Warren-Street, Hudson. 

WBSJRB rmVWlVO IN OKNBBAL IS BXB€VTB» 
WITM HB^TMSSS An A«OV«4«T. 



No. 9. 



COLUMBIAN 




Vol. IV. 



s 



REPOSITORY. 



*• HAIL SACRED POLITY, BY fKZttHOIA ReAr'd ! 

«* HAIL SACRED FREEDOM, WHEN BY LAW RESTRAINED !" 

BSATTIS* 



HUDSON, (New.York) TUESDAY, February k6, 1805. 



« IHate fMtg, apeak trmk, a^id die miurtTrs.'* 
THE PRESS.. 

JIL HE late attack on the iteei<nt\ 
•f the prefs in Nfaffachufetts, is the roofl 
k>]d, outfageous and daring, that has ever, 
perhaps, been witnefTed in this country. 
It is nothing lefs than an attempt to wreil 
from the judiciary branch, its legitimate 
powers, and to give them to the legiQatttre 
*-to deprive individuals of the right, ot 
defending themfelves againft accufaiii:)ns 
m M coort of juftice, and to ftibje£l tUcm 
to the hazard of being condemned and 
ponilhed, unheard, by any factious. Ca- 
pricious, over-heated, popular a&embly. 
An attempt fo completely democraiical, fo 
lubverfive of order, lo clofely bordering 
on the revolutionary meafures of France, 
tlmt vre are aftonifhed to find in our coun- 
try a' man fufiBciently impudent and pre* 
fumptuous to make it, amongft a people 
boafltng of their enjoyment oi liberty, and 
and an equality ot rights. 

It is the bufinefs ot Icgiflatures to make 
laws — not to execute them ; and, we con- 
fefs, it feems to us a little furprifiRg that 
Mr. Allen's refo'ution* was not fcoutcd 
out o\ the boulc without ceremony. The 



♦ The loUowhi|f U a copy of the resolution :— 
«* Stsohed, That the Printers of the i^trnJCng' 
Immd FaUatUum^ having^ since the commencement of 
fhe prtsent session •f this General Court, publislied 
in their paper of Jandary 18, 1805, an indecent a •)<! 
libellous j;)ublication againsr the personal character 
df the President of the United States, under the t; le 
oCthe Mormteby of Federalism, be no* longer em- 
|So7cd as tlic PraMert of thie &^MnX Coiirt.^ 



utmoft the legiflature could rightfully do, 
would be to pafs a vote of difapprobation 
of the publication : and whether it wa^ 
libellous or not, the power of punifhirig 
the printers belongs not to that branch'. 

It is not our intention to difcufs the 
inerits of the publication at prefent. It is 
a mere epitome of the moft ferious charges 
that have been made againft Mr. Jeflfer- 
fon. A part oi them^ we have pfered, in 
a moft folemn manner, to prove in a court 
of juftice ; and we fincerely believe they 
are all lubflamially correQ, and that the 
printers of the Palladium might maintain 
them, had they an opportunity. With 
this Angle remark, we will proceed to give 
a (ketch of the debate on the refolution, 
in the 

HOUSE OF ASSEMBLY. 

Mr. Allen, after calling up his refolu- 
tion, and requefting the publication of 
which he complained to be read, proceed- 
ed in his argument. He began by decla- 
ring be had no defign to infringe the free- 
dom of the prefs," The reader is left to 
judge what meafure of impudence muft 
have been neceflary to enable him to make 
this declaration, at the very moment when 
he was aiming the moft open and direfl 
blow at that freedom— when he was at- 
tempting to puntfh primers, unheard, tor 
publifhing charges which, though fre- 
quently allcdged, have never been denied. 
It will be remembered that Spencer, at the 
outfet of his proceedings againft the prefs, 
made the fame proftflions ; and the refuh 
has proved their infinceriiy. Mr. Allen, 
n the next place, undertakes to (hew •* the 
iiflference between the liberty and licen- 
:iourne(s of the prefs." This carries the 
I memory back to the days of the Sedition 



law, whent to puttilh printers [in the regular 
leg^l way, and hot by legiflative re/otves,^ 
for wiJfiil lying, was declared by the demo* 
crats to be leftraining the freedom of the 
prefs. Thetiy to lie, wiitully and mali-^ 
cioafly, was UB^tY — n^w, to (peak trutb^ 
is LiCENTiOUSK.^. What abfurdity I 
What inconfiftency ! What abominable 
hypocrify 1 — Mr. -Allen then reiorted to 
Blackftoneand Bacon for tbe^definition of 
libels ; and auempted to fhew* that the le* 
giflature had a right to ptinifli the printeri 
of the I^alladium for the publication in 
queftion : And, laftiy, he urged, (rather 
democraticklly,} that to refcind a contraQ^ 
was not unjiift nor improper, provided it 
was done by a legiflative body, in a for* 
mal manner* 

He was followed by Mr. Hulbert, of 
Sheffield, whofe fpeech, as reported by the 
Bofion Centinel, we copy with great pleaf* 
ure, and beg leave to recommend it to the 
ferious attemion of our readers. 

" Mr. Hulbert faid, the gentleman from 
Pittsfield began his addrefs to the houfe^ 
on the fubje£l of the motion now under 
confideration, by reading from our Bill 
of Rights a declaration that •* The liberty 
of the prefs is e(feniial to the fecurity of 
freedom, and ought not to be reftrained 
in this Commonwealth." And he waS 
pleafed to clofe his obfervations by ex- 
prclTing his tender regard for this high 
conftitutional privilege, and protefting 
againft any intention to violate or infringe 
the fame. How well thefe declarations^ 
he faid, comported with the refolutioa 
which that gentleman had laid upon the 
rable would, he thought, be readily deci* 
ded. 

The mover of this refolutioni faid Mn 



66 



dG&e 25alanc^ 



For rsO^. 



mim 



H. has been kind enough to inlorm us 
that the charges inOnuated in the publica- 
tion complained of, are ainoed nt Mr. Jef- 
ferfon. He declares that thofe charges 
are indecent and libellous, and demands 
that ihe publifhers ot" the fame be no 
longer emjiloyed as the printers ot this 
General Court. It was, therefore, faid 
Mr. Hulbert, the duty of this houfe to 
give the fubjefl a full and ferious difcuf- 
fion. It was, he contended, a iubjeft in- 
terefting to Printers, who were implica- 
ted ; it ought to iJe highly interefting to 
Mr. Jefferfon ; and it certainly would be 
fb to the people of the United States. 

Since this relolution, continued Mr. 
H. was firft read from the chair, he had 
carefully perufed the publication in the 
New-England Palladium^ under the title 
of ** thfc Monarchy of Federalifm." It 
was admitted that the charges contained 
in that publication were meant to be ap- 
plied to Mr. JefFerfon — Thofe charges he 
had examined; and he begged leave lo 
jdechre — That he believed that far the 
greater part if not the whole of thofe char- 
ges were fj^bilantially true and capable p\ 
undeniable proof. He faid he would not 
deny that he was happy in the opportunity 
of making that declaration — he would be 
willing ip have'tt written in the flars, that 
he might never look up without behold- 
ing it. What he added, is the publica- 
tion complained o1 ? 

It is afferted, fajji Mr. Hblbert, that 
Mr. JtfFerfon, when Go^^emor of Virgin- 
ia, and when his State was invaded, Hke 
adaflard, quitted his (lation» and bid his 
head in a cave. This, he faid, may not 
be literally true ; but he was convinced 
that it was true in fubftance. Mr. 
Simms and Mr. Powell, two very ref. 
prQable citizens ol Virginia, he faid, had 
m public addrefles, proclaimed to the 
world this difgraceful faft. Tliey had 
declared, that when Col. Tarleion with 
the Britifh light-horfe entered Virginia, 
an 1 purfued the aflembly to Charlottes- 
ville, Mr » JefFerfon, who was then Gov- 
ernor of Virginia, inftead of attempting 
to defend the Commonwealth, fnddenly 
and unexpeftedly refigned his office ; fled 
for fafety, and left the Commonwealih 
at that hour of confufion and diftrefs to 
eleft another Governor. He was told 
that Col. Tarleton, on his return to Eng- 
land, fneeringly publiflied the fame f aft. 
And he had been informed, but he would 
not vouch for the correflnefs of the in- 
formation, that Mr. Nicholas, a diftin- 
guifhed citizen of Virginia, once move! 
in the Legiflative AlTembly of that S:ate 
an inrtpeachment againft Mr. Jefferfon, 
for the fame pufillanimous conduft. He 
was certain, he continued, that this accu- 
fation againft Mr. JefF^ifou had been pub- 
liflied by men highly refpe£led for their 



talents and virtue ;— who refided in Vir- 
ginia at the time the tranfafUon is fattl to 
have taken place, and muit have had 
means of correft information. He prc^ 
fumed they publiflred the truth. Let 
it be remembered, he laid, that at the 
lime Mr. JefFerfon abandoned his poft 
upon the invafion ot his State, be t\6v9 
Governor of Virginia^ and of courfe 
commander in Chief of the Militia of 
that Comnsonwealth. Let us not, he 
continued, forget that Mr. JefFerfon is was 
Prefident of the United States, Comman- 
der in Chief of our Army and Navy, and 
of all our Militia, when called into a£lual 
fervice. May Heaven preferve us from 
Invafion 1 

No one will deny, faid Mr. H. that Mr. 
Jefferfon has publifhed to the world that 
•* It does me no injury for my neighbor to 
fay that there aire twenty Godi, or no 
God. It neither picks ray pocket nor 
breaks my leg." 

|"Mr. H. was here interrupted by Mr. Sprague, 
who contended, that he had misrepresented what 
Mr. Jefferson bad said. — Mr. H. then read the 
words from the book ] 

Mr H. then faid, it appeared that he 
was correft. Is then, be aflced, a belief 
in theexiftence of a God of no import- 
ance to the peace and welfare oi fodety ? 
He hoped there was no gentleman in the 
Houfe who was ready to advocate this 
alarming do£lrine. It was a do6lrine re- 
futed by the prafiice of all nations, and 
all ages. In all governments on earth 
it had been, he faid, tound neceflary to 
introduce fome fyftem ot religion, and 
(Irongly to iru;ulcate a beliet of the exift- 
ence of an over-ruling power. It was 
true, he faid, that an experiment of the 
contrary had lately been made in Frat>ce. 
By a national decree all religion had been 
abolifhed — the idea of a God d if carded — 
and it had been irapioufly infcribed over 
the entrance into all the burying places in 
France, that " Death was an everlafting 
,/leep.** Had Mr. Jefferfon, he faid, been 
in that unhappy country, he might have 
felt the pernicious confequences of his 
favorite doftrine. If that doftrine had 
not there broken ajiy legs, it had fevered 
the heads of thoufands from their (boul- 
ders, and picked their pockets. 

Does any one doubt, afked Mr. H. 
that Mr. Jefferfon invited I homas Paine 
to leave France, and return to the United 
States ; let him hear his letter and he 
will doubt no more. 
[Mr. H. here read Mr. Jefferson's letter to Paine. J 

I.«! this, he afked, the language of cold 
ndifference ? Is it the language of or- 
dinary civility ? No, he faid, it was the 
ardent expreffion of high cfteem and af- 
feflionaie attachment for one of the mofl 
unprincipled and abandoned of the hu- 
man race ; for one who bad publifbed 



the moft infamous libels upon the char- 
aflei^ of our beloved W-fhington — ojne, 
who at ihe very time he received this 
ietter, was inventing new horrors for the 
French Revolution ; was endeavouring 
to corrupt and diforganize ail the gov- 
ernments of the earth, and was openly 
and blafphemoufly reviling the bleflfed 
Saviour of the world. — Thefe, he faid, 
were the ufeful labors', for which Thomas 
Paine wa$. to reap a reward in the thank- 
fulnefs of.patioM. Thefe were the ufe- 
ful labors which he was invited by Mr. 
Jefferfon to repeat 4n this country. 

It has been faid, continued Mr'. H. that 
the writings of Thomas Paine were ufe- 
fuLiolhis country in the commencement 
of our Revolution. So were the exer- 
tions of Benedift Arnold. Both were 
once ufeful men.;— Both turned traitors 
to their country ! J 

I liavc endeavoured, faid Mr. H.*ta' 
obtain correft information, concerning 
the alledgcd attempt of Mr. Jefferfon to 
feduce the wife of Mr. Walker. He 
begged to .be permitted to flate what he 
couSidered unqueftionable ta£l»» Mr. 
Walker had long confidered Mr. Jeffer- 
fon a confidential and faithful frjend, and 
as fuch had gladly and familiarly admit- 
ted him into bis family. Takmg ad* 
vantage of this familiarity, Mr. JefFerfon 
treacheroufly and bafely attempted the" 
honor of Mrs. Walker- Mr. Walker, 
ignorant ot this vile conduft of bis fup«. 
poftd friend, having written his will, iri 
which he had named Mr. Jefferfon, as 
executor, read the fatne to Mrs. Walker 
for. fier approbation. On hearing Mr^ 
Jefferfon mentioned in the Will, flic 
could DO longer fupprefs her feelings, 
but burfling into tears, difclofed to Mr, 
Walker his vile attempt ; his name was 
ftruck out of the Will, and Mr. Walker 
wrote him a letter, demanding fatistaflion, 
for the affront he had offered. — The letter 
was delivered to Mr. Jefferfon by Gen. 
Lee, Mr. Jeffeifon did not d^ny the 
faft, but wrote a letter to Mr. Walker, 
confefling the crime, and humbly be^. 
ging pardon. This flateroent Mr. H. 
faid, he did not hefitate to fay, was fub* 
ftantially true. He was convinced thai 
fuch evidence could eafily be obtained, 
as would le^vc not a doubt, on an unpre- 
judiced mind. 

« » # ♦ ♦ ♦^ 
It is a faft, faid Mr. H. that by the ad- 
vice of Mr. Jefferfon, a confiderabie part 
of our navy h«d fieretofore been difman- 
tied. It would be left to the people of 
the United States to decide, whether this 
was a wife or an ill advifed meafure, and 
they would determine whether Mr. J? f- 
ferfon had not conitantly (hewn a bitter 
enmity againft our infant navy* It was 
well known and deeply lamensed tha( a 



»o. 9. 



€&e !2B^aIdnee« 



^1 



large number of our leliow-citizens wert 
now, and for a long tim^ had been (ufFer- 
xngall the horrors of a Tripoline captiv- 
icy. But whether this misrortune be ow- 
ing to the mifmanagement of Mr. Jeffer- 
fon was matrer of opinion. The admi- 
rers of the Prefident muft decermine for 
chemfelves. It had been his condant 
opinion, he X^id, that our naval force, in 
the Mediterranean, has never been ade- 
^uate to the fervice required. This opin- 
ion had been frequently expTefled by 
gentlemen who had the beft means of in- 
formation on the fubje^l. He was told 
it has been cxpreffed by thtife who have 
commanded our expeditions againfl the 
Barbary powers, and he thought the opin 
ion was iataliy confirmed by the lo^s of 
Ihe Philadelphia frigate, and the captivity 
O^ many of our brave fellow. citizens. 

Gentlemen are ofiFended, (aid Mr. H. 
becaufethe Prefident is charged with hav- 
ing invented dry-docks to rot our (hios. 
It was true, he faid, that this was a very 
irritating fubj-ft, and it was to be pre 
fumed tl>at Mr. Jeff.-ifon andJiis friends 
would gladly refign it to oblivion. Bik 
we have, he continued, a right to f<irm 
pur own opinions on this fubje^l. Tak- 
ing the libeny of j'ldgmg for himfeif, he 
had always thought, it the invention of 
di"i docki had any merit, it was that of 
be.ng calculated to t^^e and difb'irden t 

KMning treafury of that inTipporta ;le 
4d of money, which the Prrfidenr fr»' 
Ireqtiently lells the people his Adminiilra 
lion has accumulated. E^very one know> 
the fate of this projefil. Wien it was 
propofed to C ingrefs, the warmeft and 
jDoft fcrvile friends of Mr. J."flFerron re 
ceived it coldly j and others ot his friends 
openly exprelTed their furprife and cha 
grin. 'He well remembered that the gen- 
lleman, who, at that time, did the pe.> 
pic of Berkfhire the honor to reprefent 
^cfo in Congrefs, infinuated that it wa^ 
a vifionary proje£l, and declared that its 
loccers was at ieaft problematical. In 
a W'>rd, he faid, the propofuion of Dry 
Docks lyas fiBouied out of Gongref^. 
And, he afked, fhall the Prmters (ufFe: 
for having merely fuggefted an opinion 
(mSioned by a inajority of Congrefs ? 

It was, he faid, to be prefunaed that nn 
member of the Houfe was ignorant of 
the fa£l that the Gun- Boats belonging tc 
the United States were invented and re- 
comnaen fed by Mr. Jiffcrfon. If there 
could be any queftion concerning thef< 
Gun^Boais it mud br, he faid, whether 
they dLT^ a piofit or difgrace to our coun 
try. It was faid that they were made i 
Bavigatethe Mffiffipoi during the occti 
fion of the port of New-Orleans. B *♦ 
they were not now required for that ler 
vice. Fiheen millions of dollars, he fai.^, 
)iad mide that . promiGng, that glorious 



Country our own ; the occlufion oi the 
port had ceafed, and tfaefe . poor Gun- 
Boats, finding nothing to do on the wa- 
ters, were lately, like the Windham frogs, 
travelling over our dry lands. 

(Remainder next week ) 



IN SUPREME COURT, 

February i6ih, 1805. 

Ordered. That CIRCUIT COURTS 
be held at the folbwing frveral times, and 
in the following Counties, that is to fay : 

IN THE COUNTY OF 

Cienango-^Qn the laflTuefday in May 
next. 

Tioga — on thefirft Tuefday in June. 

Steuben — on the Friday therealter. 

Ontario — on the third Wednefday in 
June. 

Cayuga — on Tuefday, the twenty. fixth 
of J'^nc. 

Onondaga — on the firft Monday in Ju- 

RenJfelaer-^OTi the laft Tuefday in May. 

Saratoga — on the firft Tuefday of June. 

Wajhington — on the fecond Tuefday of 
June. 

E'ff^ex — on Wednefday, the nineteenth 
of June. 

Clinton — on Tuefday, the twenty-fifth 
of June. 

4)range — on the third Tuefday in May. 

Dutchefi-^>on the fourth Tuefday in 
M V. 

Ul/ler — on the firft Tuefday in June. 

Columbia-^on the third Tuefday ia 
June. 

Greene — on the fourth Tuefday in June. 

Delaware — on Wednefday the twenty- 
ninth ot Mdy. 
' ^^fiS^ — o" Monday, the third of June 

Oneida — on Tuefday, the eleventh of 
June. 

Herkimer — on Tuefday, the eighteenth 
of June. 

Schoharie — on Tuefday, the twenty- 
fifth of June. 

Mon/gomery^^^n Tuefday, the fecond 
of July. 

Wejlchejler — on Monday, the twentieth 
of M^v. 

Rockland — on Monday, the twenty. fe- 
venth of May. 

Richmond — on the Friday thereafter. 

City and County oj New York — on 
Monday, the third of June. 

Suffolk — on Tuefday the ninth of July. 

Queens — on Monday, the fifteenth of 

Kings-^^on Thurfday, the eighteenth of 
Jnlv. 

Ordered, That a SITTINGS be held 
in and tor the city and county oi New- 



York. on the fecond Monday in April next » 
By the Court, ' 

FR: BLOODGOOD, C/rr/f. 




oHliitor'^ Closet 

Cheetham, now and then, wrhes truth 
and good fenfe ; and whenever this hap. 
pens, he is, of courfe, at variance with his 
political friends. Duane, and otheis, have 
wafted many a gallon of ink 10 prove, ttiat 
the government of the United Siaies is a 
democracy. Several wri«crs on the led- 
; eral fide, have ably fupported a contrary o- 
t pinion. But Cheetham has given a deci* 
five blow to tfie fticklers for dcniocracy, 
in the following paragraph in anfwer to a 
writer wbo had infinuated thatuur govern* 
ment is a democracy : — 

•• That • dignity and democracy are ut« 
•* lerly incompatible' I-aomit, but Tcon- 
•* tend that our government is not, as the 
•• writer inlinuaies, a democracy : God 
*' toibid it (hould be, for this ipecies of 
** unmixt rule, ij in any country or at a- 
•• ny time it ev^r did exiji, is the moft an- 
** arc hiai, the molt lyr^nmc, and oi necef« 
*• fiiy muft be, the rooft turbulent, cruel 
*• and relentlefs. It is unnttceffary to en- 
•• ter mto a tram of argument and reiearch 
•• to refute the flanderous remark that our 
*• government is a democracy : one fen- 
♦' lence ir lufficient to overthrow ii. De- 
•• MOCRACY ceajes where delegation be» 
*' gins. Our government is reprejenta- 
** tive, and I truft it w«U forever remaia 
•• fo." 



A Democratic Paper of PcnnJUvania^ 
puMifhes the following circumltances as 
*' Worthy ol Imitation f* 

A Magiflrate in Kentucky in his letter 
of refignaiion to the Lc^^iflaiure ftates, as 
reafons for declic ng to hold his office 
*' that he was prone \o get drunk and break 
the peace'' — The Grand Jury of Jackfoa 
county (Georgia) in O^ober laft prefent- 
ed three jujlices ot the interior court, " as 
public and very great grievances," and the 
Grand Jury ol Richland Diftrift (S. C.) 
in N.iv. prefenieci '* as a grievance, that 
" the office of Juflice of the Peace was too 
** ohen tilled by improper charaSIers,*' 
ITrenton Fed.^ 



68 



CSe S^aKonee* 



Vdt. iv. 



^:J* 70 RBALBRS. 

We are compelled to dUpenie with our usual va- 
riety, to make room for the interesting proceedings 
ftgainst JuBGB Chase. 



C0n0te^^. 



KOUSE OF REPRESENTATIVES. 
January 6. 

A meflage from th^ Senate, by Mr. O- 
tis, tbejr fccretarv. 

Mr. Speaker, I am directed to commu- 
nicate to jbis Houfe a copy ol the anfwer 
of Samuel<!!ba{e, one o\ the afTociate juf- 
ticcs ok the fuprcrhe court of the United 
States on tbe articles of impeachment ex- 
hibited to the Senate againft him by the 
Houfe i and he delivered in the fame, and 
then withdrew. 

The faid copy of the anfwer^ was read, 
and ordered to be referred to the managers 
appointed on the part of this Houfe, to 
condu6l the f^id impeachment. 

On motion q\ Mr. Nicholfon the anfwer 
was referred to the managers of the im- 
J>eachment to report a replication, 

Mr. John Randolph, from ftie mana- 
gers appointed to conduAlhe impeach- 
ment againft Samuel Chaie, one of the af- 
fociate juftices of the fupreme court of 
tbe United Stateit, to whom was this day 
referred the copy of an anfwer of the faid 
S. Chafe, to the articles of impeachment 
exhibited to the fenate againft him by this 
houfe, made a report, which he delivered in 
at the clerk's table, where the fame was 
read and was as lolloweth : 

•• That they have confidered the faid an- 
fwer, and do find, that the faid Samuel 
Chafe hath endeavored to cover the crimes 
and mifdemeanors laid to his charge, by e- 
vafive infinuations, and mifreprefentation 
of fa£ls ; and that the faid anfwer doth give a 
glofs and colouring, utterly talfe and un- 
true to the various criminal matters con- 
tained in the faid articles ; and do (ubmit 
to the judgment ef the Houfe, their opin- 
ion, that for avoiding any imputation of 
delay ^o the Houfe of Reprefentative?, in 
a cafe of fo great moment, a replication be 
forthwith, fent to the Senate, maintaining 
the charge of this Houfe ; and that the 
committee had prepared a replication ac- 
cordingly, which they forthwith report to 
tbe Houfe," as followeth : 

•• Tbe Houfe of reprefentatives of the U- 
nitcd States have confidered the anfwer ol 
Samuel Chafe one of the »ffociale juftices 
of the fupreme court of the United States 
to the articles of impeachment againft him 
by them exhibited in the name of them- 
Selves and of all the people ot the United 
States, and ofoferve, 

'* That tbe laid Samuel Chafe hath en- 



d^aVored to cover the high crimes and 
mifdemeanors laid to bis charge, byevafive 
infinuations and mifreprefentation ot fads y 
that the faid anfwer does give a glofs and 
coloring utterly fallc and untrue, tothe va- 
rious criminal matters contained in the faid 
articles ; that the faid Samuel Ciiafe did, in 
faft, commit the numerous afls of oppref- 
Kon, perfecution and injuftice of which 
he (lands accufed : and the Houfe of Rep- 
refentatives, in full confidence of tbe truth 
and juftice of their accufation, and of the 
neceflity of bringing the faid Samuel Chafe 
to a fpeedy and exemplary puniftiment, and 
not doubting that the Senate will ufe all 
becoming diligence to dojuftice to the 
proceedings of the Houfe of Reprefenta- 
tives, and tovindicifte the honor of the na- 
tion; do aver the charges againft the faid 
Samuel Chafe to be true ; and that the faid 
Samuel Chafe is guilty in fuch manner as 
he ftands impeached ; and that the Houfe 
of reprefentatives will be ready to prove 
their charges againft him, at fuch conven- 
ient time and place, as (hall be appointed 
for that piirpofc.*' 

On motion of Mr, J. Randolph, the 
Houfe took the faid replication into con- 
fider^ion. 

Mr. R. Grifwold moved to commit tbe 
fame to a committee of the whole Houfe. 

Mr. Elliot fupported, ancl Mr. J. Ran- 
dolph oppofed the motioi7. 

The queftion being put, the fame was 
rejefted. 

Mr, Dennis moved to amend the repli- ^ 
cation by (hiking out therefrom after the 
words •• and obferve" — the following 
words—- •• that the faid Samuel Chafe hath 
endeavored to cover the high crimes and 
mifdemeanors, laid to his charge, by e va- 
five infinuations, and mifreprefentation of 
faSs ; that the faid anfwer does give a 
glofs,and .colouring, utterly falfe and un* 
true to the \^ariou8 criminal matters, con- 
tained in the faid articles." 

The queftion was taken on this motion, 
by yeas and nays, and loft — Yeas 41, Nayt 
70. . 

The main queftion was then taken on 
agreeing to the replication, and carried 
in the affirmative — Yeas yj — Nays 34. 

It was then refolved, that the replica- 
tion annexed to the report of the mana- 
gers, be put in to the anfwer and pleas of 
the aforefaid Samel Chafe, on behalf of 
this Houfe, and that the managers be in- 
ft rufled to proceed to maintain the faid re- 
plication at the bar of tbe Senate, at fuch 
time as (hall be appointed by the Senate. ' 

Ordered^ that a melTage be fent to the 
Senate, to inform them, that this Houfe 
have agreed to a replication on^ their part, 
to the anfwer of Samuel Chafe, one of the 
affociate juftices of the fuprenie court of 
the U. States to the articles of in^peach- 
ment exhibited to tbe Senate againft him 



by tbii Houfe, apd have direfled tbe man- 
aged appointed to condu3 the faid im- 
peachment, to carry the faid replication 
to the Senate, and to proceed to maintain 
the fame at the bar of the Senate, at fuch 
time as fhall be appointed by the Senate. 
February 7. 
A meffage was received from the fen- 
ate by Mr. Otis their fecretary informing 
that the Senate would at 2 o'clock thia 
day proceed in tbe trial of S. Chafe. 

HIGH COURT or IMPEACHMENTS. 

February 7. 

Tbe court was opened this day about m 
o'clock. 

Prefent, the managers-^and Mr Hop* 
kinlon, counfbl for Mr. Chafe. 
. Mr. J. Randolph, on behalf of the mana- 
gers read the replication of the Houfe ot 
Kepreferttaiives to the anfwer ot Samuel 
Chafe. ^ 

Mr. Hopkinfon requefted a copy of the 
refjication, which, the Prefident replied 
would be furnifhed by the fecretary. 

Mr. Breckenridge moved a refolution 
to the following effeft : 

That the fecretar)' be direQed to inform 
the Houfe of Reprefentatives that the Sen- 
ate will to-morrow ar la o'tlock, proceed 
with tbe trial of Samuel Chafe ; which 
was agreed to without a difTenting voice — 
34 meg:ibers Voting for it. 

Whereupon the Senate withdrew to 
their legiflative apartment. 

February 8. 

The court was opened this day as ufuaL 
Judge Chafe appeared, attended by Mr^ 
Key, additional counfel, and his former 
counfcl, MefTrs. Hopkinfon, Harper and 
Martin. 

The crier of the court then again notifi« 
ed all manner of perfons who bad anv thing 
to do with the impeachment of Samitel 
Chafe, to come forward. 

The prefident then afkcd if the mar»a«. 
gers were now ready to proceed and make 
good their charges. 

Mr. Randolph faid it was the wifh of 
the managers in the firft place to call over 
the names ot their witnefTes, fo that they 
may know who were prefent, and if any^ 
wereabfent. 

The lift was then called over aslollows : 

A. J. Dallas, W. I.ewis, W. Rawlc 
W, S. Biddle, E'i. Tilghman, J. Reed, 
John Montgomery, J. Stephenfon, J. T. 
Mafon. S H. Smith, John Taylor, Geo. 
Hay, P.N. Nicholfon, J.Hardy, John 
Lee, who aJ) anfwered — the following did 
not r-jnfwer, James Lee, John Scrow, Rif. 
Hon Bifhop, Aqui'a Hall, Phil. Stewart, 
Thomas^ Hal), W. Wcit, Mefriw'r. Jones, 
J^mes Pjeafant. 

Mr. Randolph then faid vanous con- 
fideraiions arifing from (hortnefs of timt 



No. 9. 



(Gge !!^Idnee4 



69 



induced the managers to direS htm to 
move ior the pDilfK>aement of the proceed- 
ings on this trial until to-morrow, when 
they would be prepared on ihe part ot the 
profe cation. 

The Prefi4eMt. The fenatc will fit in 
this chamber to-morrow at twelve o'cloot; 
and be ready to proceed. 

Mr. Harper faid they'fliould beg leave 
io have their witrtcffes called over— which 
was done. 

D. M. Raiidol^» J. H. ChevaKer; J. 
Baflet. Div. Robinfon, J. Wilkinfon, 
John Purviance, Thomas Chafe, John 
Stewart* Gunning Bedford, N. Vandyke, 

Hamilton, S. P. Moore, Prager, 

. Meredith, S. Ewtnj^, W. D>rcey, 

J. P. Boyd, N. Price. W. Mac Maken, 
Govan, Coles, J. Hall, Thom- 
as Carpenter, S. Wheeler, Jarcd Ingerfol, 
anfwered to their names ; the following 
did not anfwer, Wm. Marfhall, E^• Ran- 
dolph, R. Yarncll, John Marfhall, Cyrus 
Gnffin, John Hopkins, Mr. Minor. 

Thetourt then adjourned. 

&XtTaB of a UtUrfrom the City of Wajh- 
ingtoriy dateJsFebruary 9. 

** This morning the managers appomted 
hj the Houfe ol Reprefeniatives to conduft 
the impeachment of Judge Chafe, proceed- 
ed to adduce the evidence with which it is 
enieavored to fupport the profecution. 

•* The caufe wa^ opened by the great 
c^ngrcflioiial commander, Mr. Randolph, 
in allodied haruOgi cof about two hours — 
His fpeech was as feeble and contemptible 
as any that was ever delivered on a (imilar 
occafio% It difgufted his friends and mor- 
tiSed the national pride, even of his politi- 
cal opponents. It had neither fancy, anima- 
tion or argument. His declamation was 
the fuftian rant of aconceited fchoolboy ; 
and his reafoning fo weak, trite arid mani- 
fcftly f'tllaclQus, as not to merit even the 
reproachful praife due to fjphiftry. The 
truth is, that this man poffeflcs talents 
for nothing but inveftivc. Here he in- 
dalges all the prtolence of his nature, and 
difcovers the difpofitions of a vindi^live 
heart, and an intolerant and illiberal temper. 
In congrefs he conttanily aHunned a tone of 
inri7lence and arrogance— which adignified 
leijiflaiure would punifh as a breach of pri- 
vilege, and which mutt and will otherwife 
fooner or latfr terminate in the difgraceful 
field of dte'iling. The opnclufion of his 
fpeech to-day, confidering the age and fta- 
tion of the grntleman who was the objeft 
of bis outrage, was as unmanly, as the whole 
of his declamation was abfurd and bombaf- 
tical. Speaking of the trial of Fries he 
faid that he rejoiced, that executive mercy 
had prevented the blood of the innocent and 
unoffending German^ from appearing at the 
bar of eternal juftice, as the accuTer of the 
refpcndent, that this fingle aft of the late 



Jailings^ and that it had prevented the 
ermine of juftice from being dyed with 
blood. Surely the expreffion of fuch a 
fentiment towards any man, would have 
been unjuftifiable, but towards the venera- 
ble obje£l of this flood of indignity, it was 
as mean, and malignant, as it was lalfe 
and ridiculous. 

Some of his illuftrations alfo, confider- 
ing the perfons to whom he addrelTed him- 
felf, *vere at lead peculiarly unfortunate ; 
fpeaking o^ the alledged prejudication of 
the caufe by Mr. Chafe, in the cafe ol 
Fries, he faid : 

*• Suppofe Mr. PreGdent, a man was in- 
dialed for murder^ that the f aft of the kill- 
ing was admitted and that the judge who 
tried the caufe, before any argument by 
couhfel, declared, that murder was a kill- 
ing with madce prepenfe would it not be 
irregular and a prejudication of the caufe ? 
This abfurd idea he dwelt upon for a con 
ffderable period. Its folly, as you jnay 
well imagine, was much lefs attended to, 
than the countenance of Mr. Burr; who 
however betrayed lefs emotion than might 
have been expefled, or than if I was his 
friend, I would have wished on the occa- 
fion ; but how difgraceful it is to the char- 
after of the nation, that in the higheft 
court of judicature known to our confti- 
tution, the word murder cannot be pro- 
nounced before the prefiding judge with- 
out exciting univcrfal furprile and obferva- 
tion. 

•• After Randolph had finifted, Meffrs. 
Lewis and Dallas were examined as wit- 
nefles — their ceftimony generally corref- 
pondecf with their ex-pane afBdavits which 
were puhlifhed by the Committee of en- 
quiry, lafl fefficn. After their exami- 
nation had doled, the Court ac!journed. 

•• The concourfe of company attending 
this trial is very great." 

DEBATE, 

On the replication reported by Mr. Randolph to 
Jodge Chase's answer to the articles of impeach- 
ment exhibited ag^aiiist him. 

Mr. J. Randolph moved that the Houfe 
concur wiih the Managers, in their report. 

Mr. R. G'ifwold did not know but what 
the replication was correft. But it ap- 
peared to him that they were about to aft 
in too precipitate amanner. The anfwer 
of Judge Chafe had only been tranfmitted 
to them that morning, and had been direS- 
ed to be printed ; it appeared therefore to 
him that genilcmen could not have had 
fuHicient time to judge whether the repli- 
cation reported by the Managers was a 
proper one or not — He was avcrfe to de- 
lay a deciiion of the impeachment, but he 
was not prepared to aft fo foon. It ap- 
peared from the replication that th'e anfwer 



prclident, bad redeemed 1 multitude of \ was fuppofed to be indecent. Let the an 



fwer be printed and then gentlemen ufould 
be able to decide that point. In orier to 
obtain a fair and fuU difcuffipn ot the re- 
plication he moved to refer it to a commit- 
tee of the whole houfe. 

Mr. Elliot did not rife to exprefs fur- 
prife at the fly le of the replication. After 
what had taken place in relation to the im- 
peachment of Judge Chafe, he felt no 
furprile at any kttguage that might be u- 
(ed. He hoped that the language of the 
replication would not be fanftioned by the 
Houfe In his opinion the ftyle was un- 
dignif ed and unworthy of that body* The 
courfc they were about to purftie, if the 
motion of the gentleman from Connefti- 
cut (Mr. R. Grifwold) (hou)d be rejefted, 
was unprecedented and not correft. That 
might be no objeftion with the managers, 
but be trufted that it would be with the 
houfe.-— He was in favor of the motion to 
referthereport to a committeeof the whole, 
and hoped they (hould adopt fuch a replica- 
tion as was worthy of the houfe. If tht 
queftion (hould be taken upon agreeing to 
the replication reported by tht manageri 
he ftiould give It his decided negative* 
The replication was undignified and im- 
proper. It aflerted that the anfwer of 
Judge Chafe contained untruths and eva- 
sions. This was not th'^ faft. In his o- 
pinion, it contained a correft ftatement of 
fafts^ and wiih a few exceptions principles 
correft and argumenrs unanfwerablc. The 
replication dtcl^nd alfoihar Judge Chafe 
was guilty t.p..n every arriclr of impeach- 
r»iem»: there itc no member who voted a/- 
gainfl either article ol impe^ichmeof, could 
in hfs opinion vote with pmprie?y in favor 
of the replication.' He honed ihcy would 
refer the fuhjeft to a committeeof the whole 
houfe in order that they miglft not aft in a 
precipitate manner upon a fubjeft ol fuch 
imporionce. 

Mr. J. Randolph hoped the motion ot 
the gentleman trom Connefticut, (Mr, 
R. G ) to refer the report to a committee 
of the whole Houfe would not prevail. 
He did believe that an agreement to tha 
motion would be a v.riual rcfufal, on 
ifie part of the Houfe, to proceed any 
farther with the prolccution of the \xx\* 
peachment. He was not furpri fed that 
the gentleman from Connefticut, who 
had heretofore deemed this fuhjfft as tin- 
worthy of difcuflion, (hould endeavour 
in this manner to deftroy the profecution, 
and to efTeft that indireflly which he 
could not ^o direftly. What were the 
fafls in the prefent cafe ? Early in the 
feffion, the Houfe of Reprefentatives had 
exhibited articles of impeachment apainfl 
Samuel Chafe to the Senate, After as 
long a time as could be given* him for 
the purpofe of putting in hws anfwer, he 
had come forward with one, of which no 
accurate defcription could be given. If 
they were to go into a committee of 



70 



Af^ S^alam. 



For .1805. 



the whole and adopt a rcprtication equal- 
ly as bng as the anfwcr, there 'would 
be no poffible chance of finifhing the pro- 
fecution at the prefent fcfTion. Alter, 
at the lift fcflioo, coming forward and 
preflTing for a trial, and complaining ol 
a denial of juftice, on account of its not 
taking place ; the refpondent was now 
endeavoring to poflpone the trial until 
the nf xt fcfTion. The, managers fiad but I 
one of two courfes to purfue, either to 
file a general replication to the anTwer, 
which they had done, or to file a fpecial , 
replication, which would be a virtual re- 
linquifhmcnt of the profecution for the 
prelent feffion. He hoped the Houfe 
would agree to file a general replication, 
and proccrd to the trial as foon as poffi 
bie, and that the impeachqieut wo\i^d not 
be wire drawn any more, 

Mr. Elliot was in favor of filing a gen- 
eral replication to the anfv/er of Judge 
Chafe, but he was oppofed to the ffyle oi 
the one reported by the managers* It 
they were to refer the fubjeft to a com- 
mittee of the whole it would probably be 
taken up to-morrow, and the difcuffion 
would not laft more tVk^n one day, and 
the trial would not be delayed until the 
next fcflion, as was faid by the gentleman 
from Virginia, (Mr. Randolph.) tfe flili 
hoped that the Houfe would proceed in 
a manner worthy ot that body, 

Mr. R. Grifwold afked, if the impeach- 
ment had been wire drawn as was r^e- 
fenicd by the gentleman from Virginia, 
(Mr. J. Randolph,) by whom had it 
been done ? It certainly was not by 
him. Since the fubjcQ had bfen fiifl 
under confideration he had not occupied 
thirty minutes of the time of the Hoqfe 
upon it. He w^fhed not to protraft the 
trial, as hcconceived that the pcrfon accu- 
fed and the public were both entitled to an 
immediate decifion. But upon a fubje6^ 
of (o much importance, and upon a re- 
port drawn in Inch an unufuaf ftyle as 
the prefent, he deemed it improper to aQ 
in fo hafty a manner. The anfwer had 
not been read in the Houfe, botmdftof 
the members had heard it read in the 
Senate. — Probably fome ol them had not 
and therefore could not decide upon a 
proper replication. Under tliefe circumr 
fiances he deemed it proper to refer the 
fubjeft lo the committee of the whole, 
and had \th it his duty to make the mo- 
tion he had done. Having difcharged 
his duty, he fh^iuld acquiefce in the de- 
cifion of a majority ol the Houfe^ 

The qiieftion was then taken, and the 
iDot'on to refer the report to a committee 
of the whole houfe was loft. — Yeas 37 — 
Nays 60. 

The qnedion then returned upon con- 
curring with Oic managers in ^bcir report. 



Mr. R. Grifwold cillcd for the Yeas 

and N.4ys. 

Mr. Lucas faid that it appeared to him 
proper to poflpone the farther confidera- 
tion of the replication until they (hould 
have the anfwer printed. It appeared 
prepoflerous to agree to a replication to 
the antwer when thit anfwer was not be- 
lore them. He underftood that the an- 
fwer would be printed on the n^xt day, 
and then they might a3 upon it. He 
therefore moved to poApone the further 
confideration of the report of the mana- 
gers until to-morrow, 

Mr. J. Randolph had no great objeflion 
topoftpone the fubjetl for the time moved 
by the gentleman from Pennfylvania. He 
wifhed to inform that gentleman that this 
houfe was in pofleflion of the anfwer of 
Samuel Chafe. " A copy had been fent them 
from the Senate, and whether printed or in 
manufcript it was in poffeftionof the houfe. 
Alter the able and mafterly ms^nner in 
which the anfwer had been read in the Sen- 
ite, he prefumed it mufl be Ifefh upon'the 
minds of every gentleman who had attended 
there. For his own part the filence which 
prevailed in the Senate, add^d to the ani- 
mated manner in which it was read, had 
made an impreffion upon bis mind pot ea- 
fy to be c fFaced. The anfwer was on the 
clerk's table, and he had no objettion to 
Searing it read by the clerk. 3ut a$ well 
ds the clerk of the houfe of reprefentativcs 
read, he conceived it would he no deroga- 
\ion to him to fay, that they would rec^uve 
but a faint impreflion of it alter having 
heard it read in the Senate. Should they 
noflpooe until to-morrow, what would hap 
pen then ? A printed copy of the anfwer 
would be laid upon the table ol every npen\- 
ber, and it would require four hours to 
read it. He thc^ught after once perufing 
it, they would not have fu^h a retention of 
it as from fiearing it read in the Senate. 
However, if ihc jjentleman from Penniyl- 
vania, wifiied ihe fubjf^l to be poffponed 
until to-morrow, he had no great objeftion 
to it. .While he was up, he would notice 
one obfervarion which^ell Irt m the gentle- 
man from Connefticut (Mr. R. Grifwold) 
that gentleman had no obje£f ion to the fil- 
ing of a general replication, provided it 
were done in a different flyle In m the one 
reported bv the man-igers. In anfwer to 
this Mr. Randolph obferved that the ref- 
pondent had' mniie thr proceeding in the 
celebrated cafe ol WarT<»r» Haftings author- 
ity for his anfwer : the Managers had alfo 
adopted an. authority which he conceived* 
that the gentleman from Conneftjcul, 
would, confider as entitled to refpei^f , it 
was the authority of Edmund Burk- D f 
covering that the anfwer wa» fluffed lull 
of evafions, and did contain a glofs and col- 
oring of faffs, falfe and untrue, the mana- 
gers thought it their duty tp draft e replica- 



tion fimilartotheoneput in by the boufeof 
Commons, in reply to the anfwer ot War* 
ren Haftings. He found however thai 
the theories of the Rt. Hon. Edmund 
Burke agreed better with the gentlemafli 
from Conneflicut (Mr, R, QrifWold) tbaa 
the pra£lice« 

Mr. Lucas obferved that as he had heard 
the anfwer of Judge Chafe read in the Sen. 
ate, and .he believed the reft of the meni' 
bers did alfo, he would withdraw his mo^ 
tion for a pbflpbbement of the fubje£l un« 
til to-morrow. 

Mr. Dennis moved to amend the repti. 
cation by.ftriking out, after the words 
•• and obferve" the following : •* that th« 
faid Samuel Chafe ha:h endeavored to cov* 
er the high crimes and mifdemesnors, laid 
to his charge, by evafive mfinuations, and 
mifreprefentation of fa£)s ; that the fatd 
anfwer does give a giofs and cojoring ut terly 
falfe and untrue to the various criminal 
matters contained in the faid articles.'^ 
He obferved that tliofe words were loo id. 
temperate to. comport with the digniiy ot 
the houfe. |f they were expunged, thp 
replication would be a general one aiid 
would anfwer every ^urpole. He did not 
believe that the refpondent wifhed 10 delay, 
It was true that at the beginning' of the 
feffion he had wifhed the iiial to be poft- 
poned until the next fcfTion, but having 
failed in that fe was now attendinjf 
with his witneffes ar a confiderable ex^ 
pence^ lind was anxious for a fpeedy dcx 
cificn. He fhould vote againfl tl>e repli* 
cation if the words prppofed to be expung- 
ed, wc>c retained, as he would do rQ 
a3 which would commit the dignity of the 
houfe. f 

Mr. Hugcr called for the yeas and nays. 
The queflion was taken upon agreeing 
to the amendment, by yeas and nays, and 
were yeas 41, Nays 70. 

The queflion was then taken upon agree- 
ing t6 the replication, and paifed in the. 
affirmative, yeas 77 — Nays 3^. 

ExiraS of a Utter froin Wajhington, da* 
ted tebruary ^, to the editors ojth^ 
United States Gazette, 
It was cxpefled yefterday, when the 
court of impeachment met, that we fhould 
be enlightened by the argumrnf, and rav* 
ifhed hy the eloquence of Randolph ^ 
who, as chairman of the managers, is to 
open the debate : but, he contented him- 
felf with afking a poflponment till today 
— ^obferving that the managers were not 
preparer* then, but probably would be to- 
day. He alfo requefted the witrelTes lor 
the profecution to be called, and it was 
fourwl that nearly all, amounting to about 
twenty, were prefent. It was evident, 
therefore, that the Sbfencevof the witneffi^s 
was pot the ground of poflponment. It 
is the general opinion among the lederafi 



^ 



}^6. p. 



Cfte 25a!attce» 



71 



ifis, that the managers wi(h a poftponncient 
tiJl the next feflion. and hope, by thefe 
crtSiitg delays, to prevail on Chafe to 
make the application* This, however, he 
will not do, a$ his witnefll-s are ail attend- 
ing, and as it would be impolitic np^t to 
take advantage of the great impreffion, 
produced by the aniwer and plea of Judge 
C. which, for perlpicuity, method, and 
ability, is the mod able thing oi the kind 
I have ever perufed. It Teems to be 
generally agreedj that an acquittal is cer- 
tain, if the trial fhould now proceed, and 
the managers are fo well apprized oi this, 
that they do not wHh to ri(k it, il they can 
throw the fault on Chafe. This day, at 
ift o'clock, the court will meet, and if the 
trial proceed,) Randolph will open on the 
part of the profecuton. The power, in- 
fluence, and authority ot this mongrel 
creature is fad declining, and there are 
many ot his followers who are prepared 
to throw him over the precipice on the 
firft favoable occafion, and toafTumehis 
place. He is expeCUd to be very violent 
againft Judge Chafe, ^nd will inevitably, 
br fach conduft, in the prefent (ituation 
Of affairs, injure materially the profecu- 
lioo.. 

Of the thirty.foar membei-s, nine are 
federal, and there arc three or four of the 
remainder, who are fufp^fted by the fed- 
eraliftsto be honeft. Twelve votes will 
fave him from the fangs of democracy, 
and from the malice of JefFerfon, wh^ is 
believed to be the author, promoter^ and 
main/pring of the prof^bution. It de- 
lights my heart to $n4 that the gentlen^n 
orthe profeflion from our city, excepting 
Dallas, will not wait upon JeSerfon, al- 
though a hint has been given that fuch 
a viOt would be very acceptable. It is 
at once a proof of their integrity and their 
independence, and although it may add 
frcfh vigor to the malice which is brood- 
ing in his hollow ^eart, it m»jft be hop* 
orable to themfelves and beneficial to the 
party of which they form fo refpe^able 
a portion. 

Burr is in better repute among the 
democrats (ince he is ftained with, the 
Uood oi Hamilton, than he was previ. 
oafly. As Prefident of the Senate, be 
exercifes a defpotic authority, without 
apy appearance of partiality. Mr. Key, 
appeared yeilerday among the counfel of 
Cnafe, for the firil time, and had the AU- 
DACITY to feat himfelf in his great-coat l-^ 
Burr inftantly fent the feargent^t arms, 
with the complimenu of the Vice-Prefj.. 
dent, to enquire of Mr. Key, if it were 
too cold to fit without his great>coat-^ 
Mr. Key immediately threw it off. I 
mention this circumiiance to (how the 
temper of the man. It might have been 
perfonal to Mr. Key, for bis former to- 
ryifmi but this conilru6lioD is Aot con- 



«l 



fiftent with the permiflion to Mr. Ran- 
dolph to wear his furtout, without exci- 
ting a frown on ih^ brow of the Vice- 
Prcfident. It has excited however a con- 
fiderablp fenfation among the gentlemen 
who are witneflts, and I have prepared 
a barber to be at hand to powder my 
locks at the nod ot the Vice- Prefident, 
the whitenefs of whofb head forms a ftri* 
king contraQ with the color of his heart. 
If, however, fuch a rcquefl, or rather com- 
mand, ihould be m^de of any ot the wit- 
neflfes from Philadelphia, you may beaf- 
fuied that it will be refitted, if their ref- 
olution is to be relied on, which I believe 
is not to be queflionedr 

Saturday, half paji 3, P. M. 
I am wHting in the Senate's anti-cham- 
ber. Randolph has finifhed his open- 
ing. It is the mod lame, feeble, ignorant, 
and malTcious fpeech which was ever de- 
livered on an occafion fo important as 
the prefent. The only part where he at- 
tempted to be pathetic, was in favor of 
" The poor, innocent, friendlejs, and ig- 
norant German, John Fries.'* Thefe 
were his words. Lewis has given his 
teflimony, and Dallas is now under ex- 
amination. 

ExtraQ of a letter, dated «• Wajhington, 
Feb, nth, 1804. 
" MelTrs. E. Tilghman, Rawie, Biddle, 
and Hay, have this day been examined 
aB witneffes, in the trial ot Judge Chafe. 
The teftwnony ot the two firft has turned 
out extremely favorable to the a^cnfed, 
and certainly muft, as I hope and believe, 
difcomfit the Profecutors, in relation to 
the firft artide ot the impeachment." 




Be it our weekly task, 
To note the passing tiding^s of the timet. 

»>>>>«9*<«<<< 

^Utl^On, February 26. 



A bill Tor altering the place of holding 
the courts in the county of Columbia, has 
pafTed the leglflature of this ftaie. They 
are to be held in this city, after the erec- 
tion ot a new gaol, and the neceffary alter-' 
ation and repair of the City-Hall, which 
is to be occupied as a court-houfe. 

Orl the i4tb inft. a man was dug out 
ot the fnow on the battery, New-York, 
who, from his own account, had lain there 
ever fince the foov-ilorm ot the 26ih 
ulf^ 



A duel was fought at Baltimore on the 
morning of theg.h \t\{\. by a Mj». Chrifti 
and Capt. Laogtord. The latter received 
a bail through his body, and is dangerouf. 
iy wounded ; the former received no in- 
jury, and has made bis cfcape, 

IMercantiie Adv.'j 

The only interefting article of foreign 
intelligence furniihed by our i^te papers, 
is the following which decides the qucf- 
tion of Peace or war between England and 
Spain. . 

^ • •^_ 

INTERESTING FROM SPAIN. 

A letter from Cadiz, dated Dec. t, n^en- 
tions.that all Britifli property \n the ports 
of Spain, had been f^queftered by the 
Government : it follows, therefore, that 
War between that country and England 
is certain. 

Accounts of the fame and later dates 
indicate the approach of foroe ierious 
civil commotion in this ancietit but debaf. 

ed Government. It is underftood, that 

the Queen and Prince of Peace had con- 
fpircd again* the royal charafter and the 
Prince of Afturias. Their defign was 
to have them committed to a Convent, 
under the charge of infanity ; and then 
to erefi a Regency under the joint influ- 
ence of Ae Queen and her favorite. 

This -Ifitehigence is in part confirm^ 
ed by v^bal information, received firom 
Capt. Smith ot the Refclution. — He left 
Cadiz the 3rd of December, at which 
time it was currently reported, that the 
Prince of Peace had been flabbed by one 
of the grandees in pre fence of the King ; 
the wourrd not proving mortal, the Prince 
was placed under arreft. Other circum- 
fiances confpire to render it very prob- 
able that the Government of Spain i* 
about to experience a fhock which may 
not. only vary its form, but even jeo- 
pardize its exiflence. [^Philad. Gaz.^ 

' t ■ ■ I — a— — i— ■■i~~*# 

AT HUDSON, 

[corrected weekly.] 
Saturday, February 23, 18^5. 

- D. C. 

Wheat 2 19 

Rye. ...1 19 

Corn 1 00 

Oats • ^o 

Butter 21 

Cheefe 09 

^ard ...k J 2 

Tallow,.^ j^ 

Bees Wax .-... «)j 



72 



Cjge 26^dbmce. 



Vol. XV, 




FOR THE BALANCE. 

THE LOVER'S ADIEU. 

Suppoted tahavc'been prucniedm the morning of bit 
departmre for a dittant land. 

And mast I bid my love farewell ? 

Sweet, charming maid — adieu ! 
N^tonguc my present griefs can tell. 

No words can speak them, true : 
The fatal day begins to dawn. 

Which bids me part from yon. 
And chiding, warns me to be gone« 

But first III say— adieu \ 

Those fleeting hours of bliss are past^ 

Which gave me to my lovcj 
The present moments fly as fail 

And I must hence remove ; 
Yet when, departing far M»if» 

No more thy charms I Tifw ; 
Still, sighing, in ray heart HI lay 

Sweet, blooming nymph-^-odieu \ 

May Time, upon his eagle wings» 

Glide swiftly on his wi^y^. 
Till, with revolving yeart, he brings 

That blest, that happy day 
When we shall meet, no more to part. 

Then, constant, kind and true. 
We'll live and love — tiU death's ^d dart 

^all seal our last adieu. 

ALCANDER. 



FOR THE BALANCf^ 

JJELISARIUS kept alive the laft 
fpark ot Rs)man virrue, and with him it ex- 
pired. 1 cannot forbear tranfcribinj? fome 
hiftorical fketchcs relating to this hero : — 
Belifiarius was appointed by Juflinian, 
to the command ot the armv deftmed tor 
the African Vand^ 'war. Three months 
after his departure from Connantinoplc, 
he difembarkevi on the African fhore- — his 
troops occupied a camp on the fea fide. 
The next morring alter his encampment, 
fome of the nrijjhboring gardens were pil- 
laged, and Bfhfdrtus, aficr chaftifing the 
offenders, eribraced the flight occafion, 
but decifive moment, of inciilf:ating the 
inaxiiiis of jiiftice, moderation, and found 
policy. *• When I accepted the comraifr 



(ion of (ubduing Airica, I depended much 
lefs (faid he) on the numbers or event 
bravery of my troops, than upon the 
friendly difpofition of the natives, and their 
immortal hatred to the Vandals. — You a- 
lone can deprive me of this hope, if you 
continue to extort by rapine what might 
be purchafed for a little money. Such 
aSs of violence will recpncile thefe im- 
placable enemies, and unite then in a juft 
and holy league againft the nnvaders of 
their country." 

When Belifarius invefted Naples, he 
gave audience to the deputies of the peo- 
ple, who exhorted him to difregard a con- 
queft urworihy of his army, to feek the 
Gothic king in arms, &c.-*Belifarius re- 
plied, with an baugbty Tmile, ** wnetf I 
treat with my enemies, I am more ac- 
cuftomed to give than to receive coun- 
fel ; but I hold in one hand inevitable ru- 
in, in the other peace and freedonW fucb 
as Sicily now enjoys. The impatience of 
delay urged bin to grant the mod liberal 
terms — his honor fecured their perform- 
ance ; but Naples was divided into two 
fafiions. They deliberated, but came to 
np conciufion. The patience ot the army 
was almofi exbauRed ; and at the end ot 
twenty days, Belifarius had reconciled 
himfeif to'the difgrace ot abandoning the 
fiege, and marching tgainft the Goths. At 
laft an Ifauriao, who explored the dry 
channel of an aquedufi, reported to the 
general, that a paffage might be pertora* 
ted to introduce a file of armed foldiers in- 
to the city. Wlien the work was execu- 
ted, the humane general rifked the diTcov- 
ery ot the fccret, by a lail and truitlefs 
admonition of the impending danger. In 
the darknefs ot night, four hundred Ro- 
mans entered the aquedu£t, raifed them- 
felves by « rope faftened to an olive tree, 
four>de4 their trumpets, fur prifed the cen- 
tinels, and gave admittance to their com-^ 
panionSf who fcaled the walls afid burft o- 
pen the gates uf the city. Evtiy crime 
which is punifhed by focial juftice, was 
praAifed as the rights of war. Beliiarius 
alone, \r\ the ftreets and churches of Na- 
pies, endeavored to moderate the calamity 
he predi6led. '* Tlie gold and fijver," he 
repeatedly exclaimed, •♦ are the Juft re- 
wards of yot^r valor ; but fpaie the inhab- 
itants. They arc cbriftians — they are yc^ur 
fupplicants— they are now your fellow 
fiibjeQs Reftofc the children to their 
oarents, the wives to their hufbands, and 
(h?w them hy your generofity, of what 
♦ri/*nds ibev have obftinaiely deprived 
thcnjfclv*." 



U^itjet^ttp. 



ON Friday a young woman, dreffed jn 
in man's cloatbs, was taken before the 



lord-mayor at the Manfion-houfe, on t 
charge brought agaiuft her, which was of 
a very extraortinary nature^ The cafe 
was as follows : the prifoner, tinder tiw 
charaQer and appearance ot a man, liad 
prevailed upon an old woman (the profe- 
cutrix) to accept of her as a huiband, and 
the ceremony was performed bet ween them 
in due form : but the wife foon afterwards 
difcovering the impofition, was lo much 
enraged, that (he obtained a warrant a- 
gainft htx Jpoufe, who was committed by 
his lordfhip to the Compter tor further ex- 
amination. The profecutrix was poflefT- 
ed ot one hundred pounds at the time of 
the marriage, which was the priloner's in* 
ducement to marrying her. 

[Sentimental Mag."^ 

ABOUT the year 1538, a (hip of 2000 

tons, called La Graode Francoile, was 

built at Havre de Grace ; its cables were 

in tlricknefs tt leaft equal to tlie body of a 

corpulent man. In it was a tentiis- court, 

and it had likewife a wind-miH. It was 

j defigned tor the £aft-India trade ; but, af. 

j ter taking up two tides, with much \9hfk 

j and difficulty, in getting to the pier-head, 

the officers of the navy were obliged to 

pull it down, and many houfes were built 

of the materials.-— ^i7ttr;ia/ du Marquis ck 

Couftenvaux* 



TERMS OF THE BALANCEi 

FOR 1805. 

To City Subscribcra, Two Dollars and Fifty 
Cents, payable quarterly. 

To those who rec«iTC them by maU, Two Do!* 
lars, payable in advance. 

To those who taKc their papers at the office, i« 
bundles, or otherwise, a deduction from the city 
price will be made. 

A handsome Title Page apd Table of ConteRtt 
will accompany the last number of the volume. 

Advertisements inserted in a handsome and con* 
spicuous manner, in the Advertiter which accon(>a« 
n^s the 9alance 

NOTE. 

The first second and third Volumes or4l3e Balance 
may be had on the fcH owing terras '-r- 

First Volume — unbound^^ - 8 2' 

Second Volume, - • g 2, 50 

7hird Volume, - -« - g 2» 5Q 

7 be three together, - - S ^» 

If bound, the price of binding (either plain or el- 
egant) 'Will be added. — An unbound volume may be 
sent to any" post-office in the state for 52 cents post- 
age ; or to any poit-office in the union for TS cent* 



-PUBLISUet* BY 

HARRY CROSWELU 

Warren^Street, Hudson. 

WHBRB VftlNllKG IN OSNEIIAl. 19 EXSCtVTft* 

WITH KfiATtJESS AND ACCURACT. 



No. io. 

Iiiiliii<ii — r I' it 



COLUMBIAN 




Vol. IV. 



REPOSITORY. 



** UAH 6ACRED poLqy, by freedom reared f 

** HAIL SACRED FREEDOM, WHEN BY LAW RESTRAINED !" 

I^EATTIE, 



HUDSON. (New. York) TUESDAY, March 



=3d= 



5. 1805. 



oBtritottal 



♦* State facts, «peak tmth^ and die martyrs." 
THE PRESS. 

VV E ^^^ P^^ ^^^ conclufion of 
Mr. Hulbert's Speech in the Legiflature 
of Maflacbuf^tts, to which we fubjoin the 
report of the comiiHttee to whom was re* 
ferred the refolotion of Mr. Allen, &c. 

MR. HULBERT, IN CONTINUATION. 

One of the moft ferious charges, he faid, 
t\iat had ever been brought againft Mr. 
Jefferfon, was that ot having paid the infa* 
iDOUs Callender for writing that vile azid 
ditefiablc book intitled " The Pro/pen 
bejort us /" — a book containing the moft 
bitter libels upon our beloved Wafliing. 
ton, and other great and good men, and 
fraught with the moft fcandalous invec- 
tives againft the Federal Adminiftration of 
the Government, and againft even the 
Conflituiion of the United States. Bold 
and Ibocking, he faid, as this acfcufatron 
might appear, it had the ftrongeft evidence 
tofupport It. We have, fays he. the de- 
clarationsof Callender, that before he pub 
/iflied the firft volume of the <« ProJptQ 
before us,'* Mr. Jefferfon, having fecn the 
proof fheets of that book, and being pleaf- 
cd witttheir contents, fent him a letter 
thanking him for the fervice he was rcn. 
deringhis country, and informing htm that 
be had direfted Mr. George Jt^fferfon to 
pay him fjhy dollars. In addition totbi^. 
Callender has declared, that When the firft 
part of the fecond volume of the •* Prof^ 
pea before us," was publiflied, Mr. Je|. 
lertbn'fent him, Unfolicited, fifty dollars 



more. But, he faid, the declarations of 
Callender were not the only evidence we 
have in this cafe. The letters which Cal- 
lender had received from Mr. Jefferfon on 
^he fubjea of the " ProfpeS before us*' 
were depofited by him in the hands of a 
gentreman, [Mr. Davis,] in Virginia, who 
was perfeaiy acquainted with the hand 
writing of Mr. Jefferfon, and that gentle'^- 
man has declared that he is convinced be. 
yond a doubt, that the letters were written 
by Mr. Jefferfon. Many other gentlemen 
who are familiarly acquainted with the 
hand writing of Mr. Jefferfon, have ex- 
amined the letters, and are clearly of the 
fame opinion. Mr. H. faid he did not 
hefitate to declare to this Houfe, that he 
believed the charge to be irue.—Ht, then 
a/ked permiffion to read from the •• Prof- 
pea before us.'' And firft fays Mr. H. 
we will fee what this man, paid by Mr. 
Jefferfon, fays, on the Conftitution of the 
United States : — 

"The Federal Constitution was 
crammed down the gullet of America. 
The longer we examine, the harder we find 
'}t to prove what America has gained by 
Ihis government." 

«• Every Virginian who values' his free- 
doin, fhould prepare himfelf to meet the 
worft that may happen. He fhould per- 
.ea himfelf in the ule of the rouflcet with 
as much diligence as ihe devotee learns his 
catcchifm.*' 

*' Men of Virginia, this is the glorious 
government which draws from your pock- 
ets twenty. five thoufand dollars per an- 
num, befides the net feven millioi}s of dol- 
lars that we annually fink on the price of 
your labor." '^ 

We j(Mill next fee what he fays of the 
late Federal Adminiftration :— 
^ ** Under the old confederauon, matters 
I never were nor could.havc been fo wretch- 



edly con^.uaed as under the fucccffive 
MoHh^Kiii^ oi Braintree d^nA Mount Ver^ 

«/*• ^*^^ y®°^ ^^^^^^ between Adams, 
War and Beggary, and Jefferfon, Peac<5 
and Plenty/' 

Next, faid Mr. H. we will fee, what he 
i^ys of our ilhiftxious and beloved Waft, 
ington : ^ 

"For years to|jether the Grand Lama 
ot federal adoration, the immaculate Di* 
vinity of Mount Vernon, approved of and 
rubfcribed every one of their [paper-job- 
bers] blackej meafures." 

•• This fpeech completely unmafks the 

i^lAi^f^ ^yP^'^'^fy o* Wafhington.'* 
Mr. Ada^ / has only completed the fcene 
of tgnomn^ ./hich Mr. Wdftington be. 
£an. « Hcr-^-^ld nochave committed a more 
pure and net violation of his oath.' •• By 
his own accoeint he was twice a traitor.'* 
•« The extravagant popularity of this citi- 
zen rcfleas the utmoft ridicule on the di/l 
cerntpent of America." - He authoriW 
the robbery and ruin of his own army." 

And laflly, faid Mr. H. not to tire the 
Houfe, he, would read what this hireling 
fays of the venerable fage of Quincy :-! 

•• This hoarv-headed incendiary bawla 
out to arms r Alas, he is not an objea 
of envy, but of compafCon and— of hor^ 
ror r 

••John Adan^— that rcourge,that fcorn. 
that outcaftof i^merica.*' 

•* We h>ve been governed by the moft 
execrable o» all fccouNDRELs." «• He is 
in private life one ok ih^ moH egregious 
fools upon the tontinert." 

*• He (the ftjture Hiflorian) will inquire 
by what Ipeciesot madnefs America fub. 
mitted to accept as her Pjefident. a perfon 
without abilities, and without virtue • a 
being alik^' mc-pablc of attraaing either 
tendernefr or efteem 1" 

" Are ycu folicitous, my friend; tha^ 
your wile /hould want a fhirt to her back'' 
&c. vote /or the man of Br^intree; but 
li you are dcGrous to live in peace and 
plenty, to keep your money for your own 



74 



€^t ^simtt. 



For 1805. 



1 



purpofes, then go— fly — and at you value 
foul and body, vote ^or the Jtfftrj9n tick- 
et!" 

Thcfe, faid Mr, H. are (ome ol thofe a- 
bominable libels tor wViting which, Mr. 
Jeffcrfon paid Callender one hundred dol- 
lars, and in open violation of the Confti- 
mtion, remitted to that wretch a fine of 
two hundred dollars, inflifted upon him for 
vilely calumniating Mr. Adams. Let gen- 
tlemen, he faid, candidly^ confider ihefe 
things, and he trufted they would not again 
compd to inveftigate the character oi Mr. 
Jeffcrfon. 

Will any member of this Houfe^ he aflc- 
ed, approve oi the compliment which Mr. 
Jefferfon was lately pleafed to bellow up- 
on the GalHck/'fTy? C^/i/i/ f Will it be 
pretended that France was then blefied 
with an " enlightened government ?*' He 
hoped not. It was then a government 
fwimming in blood. It was adminiftered 
by a man whofe ambition was a peftilence 
to the world ;— one who had once folemn- 
ly fwore eternal hatred to monarchy and 
eternal love, to republics, and whonotwiih- 
(landing that oath, had demoliflied every re 
pulic in Europe; and inftead of dethroning 
a Tingle monarch,hadadded a Kingof Etruria 
to the lift of crowned heads, and who then 
was vociferating liberty and equality with 
one foot mounting an imperial throne. 
Surely, faid he, fuch a man did not de- 
ferve a compliment from the Chief Magif- 
trate of the only Republic fematntng on 
earth. 

Are, faid Mr H. the printers dt the New- 
England Palladium to be deprived ol im- 
poftant privileges, tor having infmuated 
that Mr. Gallatin, who is now at the head 
ol the trcafury ot the UniteiStates , oppo- 
fed the colleftion of the puWic revenue, 
and fomented an infurre6lian which coft 
the general government a million of dol- 
lars ? Is there a fingfe member of the 
Houfe, who does not, at this day, fully be- 
lieve the charge ? The official communi- 
cations, he faid, which were made to Con- 
grefs on the fubjeft of the infurre£lton» are 
convincing proof ol the faft. The records 
of the whiikey-infurreftion clubs will (hew 
that Gallatin was their Secretary! — If 
gentlemen, he faid, wanted any further ev- 
idence on the fubjeS, let them call on Du- 
ane. He has boldly publifhed the faS— 
ht has told the truth. 

We are, continued Mr. H. officially in- 
formed that Loiiifiana had been purchafe<{ 
by the Prcfident and that the United States 
are bound to pay fifteen millions of dollars 
for the fame. The friends h'i faid, of thr 
prefent adminiflration may fay that this was 
a wife meafure. But he could but declare 
that while he could difcern but few bene- 
fits he thought he dilcovered many feri- 
•tts and lafting evils in that purchafe. It 



was adding a vail extent of territory to a 
republic already too much extended. It 
had greatly increafed th^ national debt, 
and extended to a very alarming degree of. 
executive patronage. In a word, he con. 
fidered Louifiana 2i%xh^ grave of the Un» 
ion. * 

It will be readily admitted, be faid, 
that it was a ferious thing to charge the 
chief magi ftrate of our country with an af- 
leAion for criminals convi6led;|i enor* 
mous crimes. A fubje6l like tfcat ought 
to be treated with great candour. If Mr. 
JefTerfon's conduA toward Callender and 
Duane had not manifefled an affe£lion 
and regard for the blackefl of criminals, he 
muA confcientioufly declare that he knew 
of nothing that would. 

That the United States are at prefent 
governned by an ariftocratic Junto, under 
the influence and dire£lion of Mr. Jeffer- 
fon was a ta£l, he faid, which was not mere- 
ly infinuated in the publication complain- 
ed of, but which was loudly proclaimed 
in every part of the Union, by men who 
are now, or lately have been, in the coun^ 
cils of the nation, and who were no friends 
to the former adminiilrations. It had 
been declared in Kentucky, by Mr. Davis, 
the gentleman who took much pleafure in 
declaritig that the **Jun of federalifm had 
ftt forever^* and who, when the fun had 
fet, found himfelf groping in darknefs. 
The exiftence of this Ariftocratic Junto 
had been repeatedly poblifhed, and boldly 
reprobated, by Mr. Butler, of South Car- 
oUna, and Mr. Elliot, of Vermont ; and 
we roav add the teAiinony of Mr. Lyon. — 
That this charge was true, he faid, he had 
no doubt ; and if true, it ought to be feri- 
oufly confidered. 

He hoped that he (hould be excufed for 
having detained the houfe fo long. He 
had only to and, that in his opinion, the 
Printers of the New-England Palladium in- 
ftead of meriting cenfure lor the publication 
mentioned in the refolution on the table, 
were entitled to the eftecm not only of 
the houfe, but of all good apd honeft men. 

After a long and animated debate, in 
which the federal ifts contended for, and the 
democrats againft, referring the refolution 
to a fele£l committee, the reference was 
finally agreed to, and the committee made 
the following report :-^ 

The Committee, to whom was referred 
the motion 

*• That the printers of the New -England 
•« Palladium, having, fince the com- 
*• mencement of the prefent (efTionof this 
** General Court, publifhed iA their paper, 
'* ot Jan. i8. 1805, an indecent and li- 
'* bellous publication againft the pertonal 



*• chara£ler of the Prefident of the United 
•• States, under the title of ** The Monar* 
«• chy of Federalifm,'* be no further em- 
** ployed as the Printers ol this Generaf 
** Court." 

And to whom alfo was refered the pe- 
tition of Young and Minns, on the fub- 
je£l of the faid motion beg leave to re- 
port : 

That they have examined the publica- 
tioo entitled •• The Monarchy of Federal^' 
i/m, and find that it contains feveral aU 
legations, which are fOppofed to afFe6l the 
charader of Thomas Jefferson, Ef<j. 
Prefident of the United Sutes, individu- 
ally, and in his official ftation. They al- 
io find it contains ftri£lures and opinions 
on fome meafures of the National Gov* 
ernment. 

That purfuant to the prayer of faid peti« 
tion, the committee have notified Youngs 
& MlHNS, who have appeared and offer^ 
a defence in writing, which is herewith 
fnbmitt^. 

That your committee are of opinion, 
that the prefervation ot our RepubKcan 
Conftitutions, and tlie impartial and faith* 
f ul adminiftration ot laws enabled in eoa- 
formity to them, depend alone on the 
knowledge which the people may have of 
the conduB, integrity and talents of thofe 
of their fellow- citizens, who have been, 
or who may be called to oflices of trufl 
and honor ; and that fuch knowledge can- 
lu^ he had without the free and unreftratB* 
ed Liberty of the Prefs. 

That our political inititutiont infure u^ 
every citizen the right to from opin* 
ions for himfelf, and to *' pubiilh truth 
frt)m good motives and for juftifiable ends^ 
although it refle£l on Government, Magif- 
trates, or Individuals ;" provided always, 
that every abufc of this right be cogniza- 
ble by a Judiciary Tribunal, which ouglit 
in fuch cafes to interfere and punifh. 

I'hat in the opinion of your committee 
every citizen, who may have made a publi* 
cation, which might be chargeable as li- 
bellous, has a right co a trial by jury ; and 
that the law of J£ngland on the f^hjeS ot 
libels, which holds, that the greater the 
truth is, the greater is the libel^ is not the 
law of this land ; and that this Honorable 
Houfe cannot know that to be *^ indecent 
and libellous," which might Be capable of 
proof, and which, if true, ought to be 
known. 

That this Honourable Houfe cannot -try 
and decide upon the queftion of truth or 
falfity, becaufe it cannot exercife any Ju- 
diciary Power. 

That if this Honorable Houfe (hould un« 
dertake to pafs affirmatively upon the a. 
forefaid motion, it would aft in boftility 
I to the provifions of the conftitution ; and 
that fuch afi would deeply affeft the Free- 
dom ot the Prefs ; and your committee 



10. 



(3P^ Se^almtte. 



75 



believe that i precedent would be thereby 
eftabliffied which might lead Co deplorable 
confeqaences : 

Becaufe, by (uch an a£V, public opinion 
might be fixed without the iair invefliga- 
tion eflemia) to the developement oi truths 
in which the community may be deepty in- 
terefted : 

Becaafe fucb an a£l might difcourage 
individuals from announcing faQs, which 
it might be of high importance to the pub- 
lie to know : 

Becaufc it might be conftrued into an 
authority in this Honorable Houfe to ccn- 
fure and to punifh in cafes not infringing 
on its own privileges : 

Becaufe it would neceflarily tend to con- 
toandthe Legiflativeand Judiciary Branch - 
es of Government in the fame body ot 
men : 

Becaufe, in the courfe of the changes 
and feelings incident to governments, the 
pradice, under fuch a precedent might re- 
fult in the word of Defpotifm ; that which 
might be exercifed by an afletnbly con- 
vened as a Legiflatnre. 

Your committee beg leave further to re- 
port, that the only connexion exifttng be- 
tween this Honorable Houfe and the Prin- 
ters of the New 'England Palladium^ by 
which they are diftinguifhed from any oth- 
er Printers in the State, arifesout of a con- 
track made by the Cleric oi the Honorable 
Senate, and the Clerk oi this Honourable 
Houfe, with thofe Printers, to do the Com- 
monw^th's printing for one year from the 
firft ieiy of July lafl paft* And your coin- 
mjttee are of opinion, that they have per- 
formed their engagements under that con«- 
CraS in a manner pericQIy fatisfa£lory 
to their employers. 

Forthefc confiderations your commit. 
tee refpe&ully (ubmit the following Refo- 
lution : 

Rtfolvtd^ That this houfe cannot pafs 
any order or refolve to cenfure or punifli 
any individuals, except in cafes of the 
breach of its own privileges; that Young 
and Minns, in making the aforefaid publi* 
cation, have not been guilty of any fuch 
breach ; and that it is inexpedient to re- 
fcind the contra£l made with Young and 
Minns for the prefent year. 

All which is fubmitted. 

TIMOTHY JACKSON, pr. order. 

Confiderable debate arofe on the motion 
to accept the above Report ; and taken b) 
Yeas and Nays — and Was decided in the 
affirmative. YEAS gi'. 

NAYS 85. 

Thns ends the wicked attempt to (hackle 
the prefs in Maflachofetts— ^an attempt 
which refieds difgrace on its authors and 
•kdtoiFf » and ferves to Ihew how far de- 



mocrats will carry their fchemes of op- 
preflion, when they believe themfelves ful- 
ficiently powerful. 

Unlefs the leading democrats contrive 
(ome method to keep the indi f erect ^'^wn^ 
ones in better order, all tbeir projefis muft 
fail. In the prefent cafe, this young Mr. 
Allen, being' wonderfully flattered by an 
' eIe£lion to the Aflemblyof Maffachufetts, 
felt an intolerable itch to diflinguiOi him- 
felf. The reader has already feen what 
method he adopted to effeQ this objeft. 
He volunteered as the defender of Mr. 
JeflTerfon's reputation ; and this too, in a 
popular affembly, where the liberty ot 
fpeech cannot well be reftraioed. The 
confequence has been ferious to Mr. Jef- 
terfon. He has been (et up to public 
veiw, a mark ior the cutting (arcafms 
(couched in the terms ot eulogium) oi his 
indifcreet iriends, and the ihafta of truth, 
wit and fatire of his political opponents. 
Thofe who have read and confidered Mr. 
Hulbert's (peech can judge, how well cal- 
culated the prefident is, to fiand the teft of 
fuch a fcrutiny, and how thankful he muft 
feel, to thofe flupid advocates whofe indif* 
cretion has expofed him to it. 




<arttot'^ Closet* 

Parfon Grifwold, fays, " Elevation 
tends to bedizzen the head of him who is 
exalted" — by which he means to be un- 
derftood, that elevation is apt to render a 
perfon dizzy. If the parfon will turn to 
his diSionaiy^ he will find that io bediz- 
zen is a low term, which means, " to drefs 
out^ to deck in contempt'* — a meaning to- 
ally different Irom that which he has at- 
tached to it. We mention this, left the er^ 
ror might appear in the parfon's new fpell- 
ing-book, which is bedizzened with the 
name of the** Republican SpeHing-Book," 
and which has been puffed until its author 
is almofi dizzy. 



The democrats have a curious mode of 
getting over the charges that aie publiflied 
againft Mr. Jefferfon, without denying 
them. They fay, " they were never pro- 
ved ;" or that •• nothing new is charged.'" 
But with an evident intent to place Mr. 
Jefferfon beyond the reach of federal ca- 
lumny, the Salem Regijier^ avers — 

" We believe Mr. Jefferfon's charaQer 
•< as good as that of any man of the age, 
*' and we are not inclined to make any ex- 
•• ceptiona." 

We hereby offer a reward of Jive cents 
to any ingenious democrat, who will tranf- 
late into good Englifh, the lollowiog arti- 
cle, copied verbatim fiom the Salem Re» 
gifier. the only democratic paper of note 
in Maffachufetts, except the Bofton •« De- 
mocrat,'' which the fame Regifter de- 
dares to be ** one ot the heft papers in the 
ftate." 

•• The defeftion ot Pennfylvania Is 
** mentioned in one paper, and then the 
" Editor of the Aurora becomes a Direc- 
" tor in the Bank of that State in another, 
•♦ This is pretty work furely. What a 
" progrefs this according to the noife made 
*• about it. What are we to think ot a 
" caufe that has fuch hi^h recommenda- 
•• tions, efpecially from fuch inconfiftent 
'* accounts as come from papers not pub- 
«« lifhed far frorn^ each other, and to be 
** read by the fame perfons. Is it not a 
•• clear cafe ?'" 

Oh, very clear — very clear, indeed 1 

The editors of mifcellaneous papenk, are 
very frequently impofed on, by certain 
literary cheals, who copy pieces (general* 
ly of poetry) and fend them for publica- 
tion z%' original. This fpecies of decep- 
tion calls loudly for corrcfiion ; and we 
will gladly co-operate with our fellow ed- 
itors in applying a remedy. At the fame 
time, we (hall always feel thankful to thofe 
who feleEi produfiions of merit, and fend 
chem to the prefs, in the chara£ler ot feUC'^ 
tions. '^ ^ ■ 

The Editor of the Evening Poft, intro- 
duces the account of the late attack on the 
prefs in Maffachufetts in form, thus :— > 

Commonwealth of Maff**^ On motion 
achufetts I ot Mr. Allen 

vs, fof counfel for 

Thomas Jefferfon. J Thomas Jef- 

ferfon, Prefident t)f the United Sutes. 



'16 



<i^ Balance. 



Vol. IV. 



f utae trmt. 



[We know not the wishes of all our reaxiew : But 
we arc sensible that a considerable portion of 

, them are desirous of seeing rhe admirable AN- 
SWER AND PLEx\S OF JUDGE CHASE, 
published and preserved entire in the Balavce. 
As this desire is seconded by our own feelings, wc 
have concluded to devote from two to three pa- 
ges of our paper weekly, to this highly import- 
ant and interesting document, until the whole be 
published. The Husbandman, the 'Moralist, and 
the desultory reader, will, we trust» yield up their 
favorite columns for a few weeks, 'without a 
iQurmur« to the superior claims of patriotism. 

Edit, Bal,] 

In the Senate qf the United States^ 

ilTTING AS A 

High Court of Impeachment, 

ON THE 
Fourth dsty of February, A. D. 1805. 

lUE UNITED STATES VS. SAMUEL CHA4E' 

The anfwer^ and pleas qfSAUVEL Chase, 
one of the Ajfociate Juflices of t fie Su- 
preme Court of the United States, to 
the articles of impeachment, exhibited 
againjl him in the faid Courts by the 
honorable, the Houfe of Reprefentatives 
of the United States, tn fupport of their 
impeachment, again/i him ^ for high 



crimes and mifdemeanors, 
have been by him committed* 



uppofed to 



HIS refpondent, in his proper 

perfan, comes into the faid courr, and 
protefting that there is. ho high crime or 
mifdem^anor particularly ailedged in the 
faid arlidles of impeachment, to which 
he is or can be bound by law to make 
anfwer ; and faving to himfelt now, and 
all times hereafter, all benefit of excep- 
tton to the infufficiency of the faid arti- 
» cies, and each of them, and to the defefts 
therein appearing in point of law, or oth- 
erwifc ; and protefting alfo, that he ought 
I not to be injure(^ in any manner, by any 
words, or by any want of form in this his 
anfwer; he fubmits the following fafts 
and obfervations by way of aafwer to the 
faid articles ; — 

The firft article relates to his fuppofed 
-* mifconduS, in the trial of John Fries, 
lor treafon, before the Circuit Court ol 
the United Stages, at Philadelphia, in A- 
pril and May, 1800 ; and ailedges that he 
prefided at that trial, and that ** un- 
mindful of the folemn duties cf his of. 
fice, and contrary to the facred obliga- 
tion, by which Tie ftood bound "to dif- 
charge them faithfully, and impartially, 
and without refpeft to perfons,*/ he did 
then, •• in bit judicial capacity, condufl 



himfelf in a manner highly sffbiirary, op^ 
preffive, aftd uhjuft." 

This general accufation, too vague in 
itfelf for reply, is fupported by three fpe- 
cific charges of mifcondu£l. 

ift. In delivering an opinion in wri- 
ting, on the queftion of law, on the con- 
firuflion of which, the defence of the 
accufed materially depended :" which 
opinion, it is ailedged, tended *• to pre- 
judice the minds of the jury, againft the 
cafe ot the faid John Fries, the prifoner, 
before counfei had been heard in his fa- 
vor." 

and. •* In reftrifting the coonfcl for the 
faid John Fries, from recurring to fuch 
Englifh authorities as they believed appo- 
(ite ; or from citing certain ftatutes of the 
United States, which they deemtd^ i'luf- 
trativeofthe pofiiions, upon which they 
intended to reft the defence of their cH- 
ent." * 

3rd, " In debarring the prifoner from 
his conftitutional privilege of addrefTing 
the jury (through his counfei) on the law, 
as well as^ on the faft, which w^s to de- 
termine his guilt or innocence, and at the 
fame time endeavouring to wreft from 
the jury their indifputablc right tu hear 
argument, and deteriiiitic upon the queft- 
ion of law, as well as the queflion of fa£l, 
involved in the verdift, which they were 
required to give." 

This firft article then concludes, that, 
'in confequcnce of this irregular conduft 
of this refpondent, ** the faid John Fries 
was deprived ot the right fecured to htm 
by the eighth article, amendatory of the 
Conftitution ; and wa^ ^condemned to 
death, without having h^en heard, by 
counfei, in his deience." 

By the eighth article amendatory to the 
conftitutjon, this rrfpondent fuppofes is 
meant the fxth amendment to the con- 
ftitution 9! the United Sta«es ; which fe- 
cures to the acculed, in all criminal pro- 
fecutions, the right to have the afTiftance 
of counfei, for his defence.. 

In anfwer to thpfe three charges, the 
refpondent admits that the ciricuit court 
of the United States, for the diftrift of 
Pennfylvania, was held at Philadelphia, 
in that diflrift, in the monih of Apr^l and 
May, in th« year of our Lord, one thou- 
fand eight hundred : at which cour*, 
John Fries, the per Ton named in the (aid 
firft article, was brought to trial on an 
indidment for treafon againft the United 
States ; and (hat this refpondent then held 
a commsffion, as one of the aflbciate juft- 
ices of the fupreme court ol the Uniftd 
States ; by virtue ot which office, he did, 
purfuant to the laws of the United States, 
prefide, at the above-ttientioned trial, and 
was afTifted therein by Richard Petera, 
Efq, then, and ftill diftri6l judge of the 
I United States, for the diftria of Pennfyl- 



vania ; who, as direficd by the hrws (A 
the United States fat as aflTiftant judge ae 
the faid trial. 

With refpcfct to the opinion, which i» 
ailedged to have been delivered by this 
refpondent, at the above-mentioned tri- 
al, he begs leave to lay before this hon- 
orable couit, the true ftate ot that tranf- 
aSion, and to call its attermon to fomc 
fafts and confiderations, by which his con- 
du£L on that fubje£l will, he prcfumes, be 
fully juftified. 

The conftitution of the United States^ 
in the third feSion of the third article, 
declares that «• treafon againft the United 
States, fhall confift only in levying war 
againjl them, or adhering to their wie* 
mies, giving them aid and comfort." 

By two afls of congrefs, the firft paffed 
oti the third day of March, 1791 1 and the 
fecond on the eighth day of May, i79«f 
a duty was impofed on fpiritj, diftilled 
within the United States, and on ftilU ^ 
and various provifions were made for ita 
colleflion. 

In the year 1794, an Infurreflion to0k 
place in four of the weftern counties oi 
Pennfylvania, with a view of refifting^ 
and preventing by force the execution 
of thefe two ftatutes \ and at a circuit) 
court of the United States, held at Phi- 
ladelphia, for the diftrift ot Pennfylvani«« 
in the month of April, in tlje year 1795^ 
by William Patterfon, Efq. then one ot. 
the aflbciate juftices ot the fupreme coufl 
o( the United States, and the at>ove-meii« 
tioncjd Richard Peters, then diftrifi judge 
of the United States, for the diftrjft of 
Pennfylvania, two perfons who had beca 
concerned in the above-named inti^rrrflt- 
ion, namely, Philip Vigo!,' and. Jojm 
Mitchell, were indifled tor t'-eafon, ci 
tevying war againft the United Slates, by 
refifting and preventing by force the ex- 
ecution of the two laft mentioned aSs 
of congrefs ; and were, after a lull and 
folemn trial, conviQed on the »ndiftments, 
and fentenccd to death. • They were af- 
terwards pardoned by George Wafhing- 
lon, then prefident ot thesynited Stares. 

In tl^e firft of thefe trials, that ot Vigol, 
the defence of the prifoner was condufted 
by veiy abl& counfei, one of whom, Wil- 
liam Lewis, Efq. is the fame perfon who 
appeared as* counfei for Jf^hn Fries, in 
the trial now under confideration. Nei- 
ther, that learned gentleman, nor bis abJc 
colleague, then thought proper to raife . 
the queftion of law," «• whether refifting 
and preventing by armed force, the exe- 
cution of a parti.cular law of the United 
States," be a' "levying of war againft 
the United States,** according to the true 
meaning of the conflitution 1 although a 
deciCon of this quefton in the negative, 
muft have acquitted the prifoner. But 
in the next triali that of Mitcbelli thit . 



No. 10. 



®&e 2?a!anct 



u 



qneftion wat raifed on the part of the 
prifoner, and was very tully and abjy dif- 
cuffei^hy his counfcl ; and it was fol- 
^ninly determined by the court, both the 
judges concurring, «* that to refift or pre- 
Tcniby armed force, the execution of a 

.' particular law ot the United States, is a 
levying of war againft the United States, 
and confequently is treafon, within ihe 
true meaning of the conftitution.'" The 
decifi )n, according to the beft eftablifh- 
cd principles of our jurifprudence, be- 
came a precedent (or all courts of equal or 
inferior jurirdi6lion; a precedent which, 
although not abfolutely obligatory^ ought 
to be viewed with very great refpcft, cf- 
pectally by tha court in which it was 

. made, and ought never to be departed 
f com, but on the fuileit and cicarefl con- 
virion of its incorreSnefs. . 

On the 9th of July, 1798, an aft of 
coogrefs was pa0td, providing for a val- 
uationof lands and dwelliog-haufes,' aod 
an enumeration ol (laves throughout the 
United States ; and dire£ling the appoint- 
spent of commiflioners and afleflbrs for 
carrying it into execution : And on the 
fourth day ot July, in the fame year^a 
direfi tax was laid by another aft of con- 
ffA ot that date, on the lands, dwelling* 
houfes, and (laves, > lo to be valued aod 
^ enumerated^ 

In the months ot February and March, 
A. D. 1799* an infurreflion took place 
in the counties of Bucks and Northamo- 
tao^in the State ol Pennfylvania, for the 
purpofe of refitting and preventing «by 
force, the execution ot the two laft men- 
tioned a£h of congrefs, and particularly 
that for the valuation ot lands and dwel- 
ling-houfes. John Fries, the perfon men- 
tioned in the article of impeachment, now 
under confideration, was apprehended and 

' committed to prifon, as one of the ring- 
leaders of this infurrcBion ; and at a cir- 
cuit court of the United States, held at 
Philadelphia, in and for the diftri£l of 
Pennfylvania, in the month of April, 
A. D. 17991 he was brought to trial for 
this offence, on an indiftment for treafon, 
by levying war againft the United States, 
before James Iredell, Efq. then one of 
theaffociite juftices of the fupreme court 
of the United Stdtes, who prefided in the 
fame circuit, according to law, and the 
above-mentioned Richard Peters, then 

•drftrift judge of the United States, for 
the State of Pennfylvania, who fat in the 
laid circuit court as affiftanl judge.^ 

In this trial, which was condufted with 
great folemnity, and occupied nine days, 
the prifoner was affifted by William Lew- 
is, and Alexander James Dallas, Efqrs. 
two very able abd eminent counfellors ; 
the tornier of whom, William Lewis, is 
the perlon who afSfted as above- mention- 
cd in conducing the defence of Vigol, 



on a fimilar indiClment. Thefe gentle- 
men, finding that the fafts alledgcd were 
fully and undeniiibly proved, by a very 
minute and elaborate examination of wit- 
neffes, thought proper to reft the cafe of 
the prifoner, on the queftion of law which 
had been determine in the cafes of Vi. 
gol and Mitchell, above-mentioned, and 
had then been acquiefced in, but which 
they thought proper again to raife. They 
contended, *' that to refift by force of 
arms a particular law ot the United States, 
dpes not amount to levying war againft 
the United States, within the true meaning 
of the conftitution, and therefore it is not 
treafon^ but a rioty This queftion they 
argued at great length, and with all the 
force of their learning and genius ; and 
atter a sexy full difcuffion at the bar, and 
the moft mature deliberation by the court, 
the learned and excellent judge who then 
prefided, and who was no lefs diftinguifli- 
ed by his humanity, and tendernefs towards 
perfons tried before him, than by his ex- 
tenfive knowledge and great talents as a 
lawyer, pronounced the opinion of him- 
felt and his colleague, "that to refift or 
prevent by force, the execution of a par- 
ticular law ot the United States, does 
amount to levying war againft them, with- 
in the true meaning of the conftitution, 
and does therefore conftitute the crime of 
treafon:** thereby adding the weight of 
another and m6re folemn decifion, to the^ 
precedent which had been eftablifhed in 
the above-mentioned cafes ot Vigol and 
Mitchell. 

Under this opinion of the court on the 
queftion ot law, the juryi having no doubt 
as to the fafts, found the faid John Fries 
guilty of treafon, oathe above-mentioned 
indi61ment. But a new trial was granted 
by the court, not by reafon of any doubt, 
as to the correQneis ot the decifion on 
the queftion of law, but folely ^n the 
ground, as this refpondent hath underftooA 
and helievcs, that one of the jurors of the 
petit jury, after he was fummoned, but 
before he was fworn on the^rial had made 
fome declarations unfavorable to the pri(« 
oner. 

The yellow fever having appeared in 
Philadelphia, in the fummer of the year 
1799, the above-mentioned Richard Pe- 
ters, then diftrift judge of the United 
Slates forihediftrift ol Pennfylvania, did 
according to law appoint the next circuit 
court of tli^t diftrift to be held at Norrfs* 
Town therein. Purfuant to which ap- 

R ointment, a circuit court was held at 
forris-Town aforefaid, in and for the 
faid diftria, on the 11th day of Oftober, 
in the laft mentioned year, before Bufh- 
rod Walhington, Efq. then one of the 
affociate jufttces ot the fupreme court ot 
the United Slates, and the above-men- 
tioned Richard Peters; at which court 



no proceedings were hid, on the aforefaid 
indiftraent agarinft John ?ries, brcaufe, 
as this rcfpondent hath been informed and 
believes the commiHlon ot the marfhall of 
the faid diftrift had expired, before he 
had fummoned the jurors to attend at 
the faid court, and had not been renewed ; 
by reafon ot which no legal pantiel ot 
jurors could be formed. 

On the 11th day of April, A. D. 1800, 
and from ihat day until the 2nd day ot 
May in fame year, a circuit court of the 
United States was held at Philadilphia, 
in and for the diftrift of Pennfylvania, 
before this refpondent, then one of the 
aflbciate juftices of the fupreme court of 
the United States, arid the above-men- 
tioned Richard Peters, then diflViQ judge 
of the United States, for the diftrift of 
Penfylvania. At this court, the indift*. 
ment on which the faid John Fries had 
been conviQcd as ahdVe- mentioned, was 
quafhed ex-officio by William Rawle> 
Efq. then attorney of the United States^ 
fpr the diflrifi of Pennfylvaniai and a 
new indiftment was by htm prefeired 
againft the faid John Fries, tor treafon of 
levying war againft the United Sutes, by 
refifling and preventing by lorce, in the 
manner above fet iorth, the execution ot 
the above-mentioned a£ls ot congrefs, for 
the valuation of lands and dwcllirg-hou- 
fes, and the enumeration of flaves, and 
for levying and colleftifng a direft tax. 
This indifiinenr^ of which a true copy, 
marked exhibit No. 1, is herewith exhib- 
ited by this refpondent, who prays that 
it may be taken as a part of this his an- 
fwei^, being found by the grand jury, on 
the 16th day of April, 1800, the" faid John 
Fries was on the fame day arraigned ^ere* 
on, and plead not guilty. William Lew. 
\%^ and Alexander James Dallas, Efqrs. 
the fame perfons who had condufled his 
r defence at his former trial, were again 
at his requeft afli^rned by the court as his 
counfel ; and his trial was appointed ^o 
be had, onTuefday the S2nd day ot the 
laft mentioned month of April. 

After this indiQment was found by the 
grand jur)% this refpondent confideipd it 
with great care and deliFeration, and 
finding, from three overt aSs of treafon 
which it charged, that the queftion of law 
arifing from it, was the iame ^queftion 
which had already been decided twice in 
the fame irouTt, on folemn arguments' and 
deliberatlbns, and ouce in that very cafe, 
he confidered the law as fettled bv thofo 
decifions^ with the correflnefs'of which 
on full confideraticn he was entirely fat. 
isfied ; and by the authority of which he 
fljould have deemed Imnfelf bound, even 
had he regarded the queftion as doubtful 
in itfclf. They are moreover inperte£l 
conformity with the uniform tenor ot 
I decifiocs in the courts ot England and 



n 



€|e SS^alance. 



For 1805. 



Great Britaini from the revolution oi 
1688, to the prefent time, which, in his 
opinion, added greatly to their weight and 
authority. 

And furely he need not urge to this 
honorable court, the correfinefs, the im- 
portance, and the abfolute neceffity of ad- 
hering to principles of law once efiablifli' 
ed,and of confidering the law as finally fet- 
tled, aher repeated and (olemn decifions 
by courts of competent jurifdifition. A 
contrary principle would unfettle the ba- 
f] 8 of our whole fyfiem oi jurifprudence, 
hitherto our fafeguard and our boaft ; 
would reduce the law of the land, and 
fubjeft the rights of th^ citizen, to the 
arbitrary will, the paflions, or the caprice 
of the judge in each particular cafe | and 
would fubAitute the varying opinions of 
various men, inftead of that fixed, perma- 
nent rule, in which the very efleqceof 
law confifls. If this refpondent ^red in 
regarding this point as fettled, by the re- 
peated and folemn adjudications of his 
predecelTors, in the lame court and in 
the fame cafe | if he erred in fuppofing, 
that a principle eflablrfiied by two folemn 
decifions was obligatory upon him, fitting 
in the fame court where thofe decifions 
had been made ; if he erred in believing 
that it would be the faigheS pre{umpti«n 
in him, to fet up his opinion and judg- 
ment over thai of his colleague, who had 
twice decided the fame (jue^ion, and of two 
of his predeceflbrs, who jufily fiht among 
the ableft judges that Kave ev«r adorned 
a court ; if in all this he erred, |t is an er- 
ror of which, he cannot be affathed, and 
which he trufls will not be deemed crim- 
inal in the eyes of this honorable court, 
of this country, or of that pofterity by 
which he, his acoufers, and his judges, 
muftonc day be judged. 

Under the influenc»tf of thefe confider- 
ations, this refpondent drew up an opin- 
ion on the \^^ arifing from the overt a£ls 
ftated in the laid indiflment, which was 
conformable to the decifions before giv- 
en, as above-mentioned, and which he 
fent to his colleague the faid Richard 
Peters, for his confideration. That gen- 
tlem^n returned it to this refpondent, with 
fome amendments afFe£ling the form only, 
but not in any manner touching the fub- 
fiance. 

The opinion thus agreed to, this ref- 
pondent thought it proper to communi- 
cate to the prifoner's counfel — feveral 
reafons concurred in favor of this commu- 
nication. 

In the firft place, this refpondent con- 
fidered himfelf and the court, as bound 
by the authority of the former decifions ; 
efpecially the laft of them, which was on 
the fame cafe. He confidcred the law as 
fettled, and had. every reafon to believe 
that his colleague viewed it in the fame 
lights It wac not fuggefled or undcrfiood 



that any new evidence was to be offered ; 
and he knew that if any (hould be offered, 
which could vary the cafe, it would ren- 
der wholly inapplicable both the opinictn 
and the former decifions, on which it was 
founded* And he could not and did not 
fuppofc, that the prifoner's counfel would 
be defirous of wailing very precious time, 
in addreffing to tl>e court an ufelefs argu- 
ment, on a point which that court held 
itfelf precluded from deciding in their 
favor. He therefore conceived that it 
would l)c rendering the counfel a fervice 
and a favor, to apprife them before hand 
of the view which the court had taken of 
ttie fubjeft , fo as to let them fee in time, 
the neceffity of endeavouring to produce 
new teilimony which might vary the cafe, 
and take it out of the authority of former 
decifions. 

Secondly. There were more than one 
hundred caufes then depending in the 
faid court, as appears by tlie exhibit mark- 
ed No. 1, which this refpondent prays 
may be--taken as part of this, his anfwer. 
Many of thofe caufes had already been 
fubjeQed to great delay, and it was the 
peculiar duty of this refpondent, as pre- 
fidingjudge, to take care, that as little time 
as pofnble (hould be unneceflarily confu- 
med, and that every convenient and prop- 
er difpatch (hould be given to the bufine(6 
of the citizens. He did believe, that an 
e^rly communication of the court's opin- 
ion, might tend to the faving of time, 
and conie^uently to the difpatch of bu(i- 
nefs. 

Thirdly. As the court held itfelf bound 
by the former decifions, and could not 
therefore alter its opinion in confequence 
of any argument ; and as it was the duty 
of the court to charge the jury on the law, 
in all cafes (ubmitted to their confidera- 
tion, he knew that this opinion mufl not 
only be made known at fome period or 
other of the trial, but muft at the end of 
the trial be exprefsly delivered to the 
jury by him, in a charge from the bench : 
and he could not fuppofe, and cannot yet 
imagine, that an opinion, which was to be 
thus folemnly given in charge to the jury, 
at the ciofe of the trial, could make any 
additional impreffion upon their minds, 
from^the circumftance of its being inti- 
mated to the counfel before the trial began, 
in the hearing of thofe who might be af- 
terwards fworn on the jury. 

And laftly, it was then his opinion, and 
ftill is, that it is the duty ot every court of 
this country, and was his duty on the 
trial now under confideration, to guard 
the jury againft erroneous impreffions ref- 
peding the laws of the land. He well 
knows, that it is the right of juries, in 
criminal cafes, to give a general verdifl 
for acquittal, which cannot be fet afide on 
account of its being contrary to law, and 
that hence refults the power of juries, to 



decide on the law as well as on the faflt* 
in all criminal* cafi^s. This power he 
holds to be a facred part of our legal priv- 
ileges, which he never has attempted, and 
never will attempt to abridge or obftruQ, 
But he alfo knows, that in the exercire of 
this power, it is-the^duty of the jury to 
govern thcmfelves by the laws of the 
land, over wbieh they have no difpenfing 
power; and their right to expeft and 
receive from the court, all the afliilance 
which it can give, for rightly undeiftand« 
iog the law. To withhold this aflift ance, 
in any manner whatever ; to forbear to 
give it in that way, which may be rooft 
cfFeQual for preferving the jury from er* 
ror and mifiake ; would be an abandon^ 
ment or forgetfulnefs of duty, which no 
judge could juftify to his confcience* or 
to the laws. In this cafe, therefore, 
where the quefiion ^of law arifing on the 
indiflmeot,* had been finally fettled by 
authoritative decifions, it was the duty oi 
the court, and efpecially of thii refpon- 
dent, as prefiding Judge, early to apprife 
the counfel and the jury of thefe deciuons, 
and their eflFeft, fo as to fa ve jhc former 
from the danger of making an improper 
attempt to miflead the jury in a matter ot 
law, and the jury from having tlieir miodt 
preoccupied by erroneous impreCfionr. 
(To be Continued.^ 




Be it our weekly task, 
Tq note the passing tidings of the timet. 
>»»♦•♦<<«<< 

^tttl^On, March ^, 

The academy at Hallowell, Diftrifl ot 
J^aine, was lately confumed by fire, with 
aU its apparatus, and the books of about 
60 (ludents, 

EjftraS of ^ Utter, from a, friend of the 
Editor. 

f Albany, February 26tb, 1805. 
•• You will recive herewith a copy of 
a bill concerning liielji, which was intro- 
duced into the houfe ot aflembly yefter- 
day, by your highly refpedable and truly 
worthy reprefentative, William W. Van 
Nefs, Efq. What our Solomonsi in the te- 
giflature will do with this bill, time only 
will determine. However, I am inclined 
to think that it will pafs, without any grea^ 
alteration. — That Truth (hould be declar- 
ed a libel in this boafted land of liberty, \$, 
aflcing too much. I care not how kvcre^ 
ly falfh^od is puni(hed ; bqi that iru$^ 



No. iO. 



dPde ^dtence« 



79 



(hould be liable to undergo the fame puo- 
UbmeDt as faljhood^ is a difgrace to our 
country." 

Copy of the Bill, entitled, 

AN ACT CONC£RNING LIBELS. 

WHEREAS doubts cxift whether, on 
the trial of an indidment or fnformatiain 
lor a hbel, the jury have a right t(^iv€ 
their verdiQ on the whole matter in if- 
fuc:^ 

Be it therefore declared and enaBed by 
the People of the State of New^York, rep- 
refented in Senate and Affembly, That on 
every fuch indiftment or information, the 
jury who (hall try the fame (hall haye a 
right to determine the law and the laft, un- 
4er the dire£lion of the coun, in like man- 
ner as in other criminal cafes; and (hall 
not be direfted or required by the court 
or judge before^whom fuch indiQment or 
information (hall be tried, to find the de> 
f endent guilty merely on the proof of tlie 
publication by the defendant of the mat* 
ter charged to be libellous, and of the 
* fenfe afcribed thereto, in fuch indifiment 
or infornution : Provided neverthelefs. 
That nothing herein contained (hail be 
Jield or taken to impair or deftroy the 
right and privilege of the defendant to 
apply to the court to have the judgment 
^ arrefted, as hath heretofore been pra&ifed. 

And be it further declared and enaSed^ 
That ijk every profecution for writing or 
publi(hiitg any libel, it (hall be lawful for 
the^fUkpdant, upon the trial ot the caufe^ 
to 'liW lb evidence in his defence tl^" 
Vnm of the matter conuined in the pubh- 
cation charged as libellous : Provided 
always^ That fuch evidence (hall not be 
a juftification, unless on the trial it (hall 
be further made iatisfa£lory to appear, 
that the matter charged as libellous was 
publifhed with good motives and tor jufti- 
fiable ends. 

And be it further enaSed, That any 
perfon or perfons who (hall, after the 
palfing of this a£l, be convi£ied of writing 
or poblj(hinga libel, fuch perfon or per- 
fons (hall not be fentenced to an imprif- 
onment exceeding the term of 

monihs, or to pay i^ fine exceeding 
the fom of 

And be it further enaffed. That from 
and after the pafling' of this a£l it (hall 
not be lawful to profecute any perfon or 
perfons by information for writing or pub- 
pithing any libeh 

The Senate have paffed a bill providing 
lor the territory of Orleans a territorial 
government, fimilar, in moft refpefit, to 
that to force for the Midifippi territory, 
and providing for their admifTion into the 
union fo foon as their free white popula- 
cioo flull amount to fixty thoufand. 
[Evening Pojl,-] 



The Mint. — The amount of the Coinage, 
at the Mint of the United States, in 1804, 
was as follows: — Gold, 6,795 Eagles — 
30,475 Half Eagles — 3. 327 Quarter Ea- 
gles ; total amount of Gold Coins, 258,642 
Dollars, 50 Cents. — Silver, 19,570 Dol- 
lars — 156,519 Half Dollars— 6,788 Quar- 
ter Dollars — 8,265 Difmes ; total amoont 
of Silver Coins, 100.340 Dollars, 50 Cents, 
— Copper Coin, amounting to 12,844 Dol- 
lars, 04 Cents. Amount ot ail the Coins, 
371,827 Dollars, 94 Cents. 

The New-York papers relate an inifance 
of horrid barbarity, which has feldoro been 
equalled io a country boafting of civiliza- 
tion :— A plror black giri, owned by a man 
(or rather brute) at Brooklyn, had eroded 
the ferry and w»« begging for food in the 
flreets ot New- York. On examination it 
was difc^vered, that h^r matter had cut off 
a part of one ot tier ears, and made a gaih 
in the other, through which he had fuf- 
pended a large iron padlock ! No key be- 
ing at hand at the alnrs-houfe, by which 
the lock could be unfaftened, it was taken 
off by cutting through the rim of the ear. 

During a late ftorm, the tide rofe To high 
at Providence^ R. J. as to fet fire to fev- 
era] (lores ••...... /;y ""coming in con- 

taS with a quantity ofunflaked lime t 

By a late arrival . at Norfolk from Ca- 
diz, information is received, that the price 
of grain and flour has fallen confiderably 
at tiktt place, in confequence of the re*> 
ceipt of large fupplies. 

The U. S. brig Scourge h9s arrived at 
Nortolk trom theMeditarranean. 



PHILADELPHIA, FEB. 23. 

By letters received in this city from 
the Mediterranean, we learn, that a duel 
took place between Mr. Deharr, of New- 
Jerfey, and Mr. Nicholfon, ot Maryland, 
both officers in the American fquadron. 
The third fire proved fatal to Mr. Nichol- 
fon. He was fhbt through the head, and 
died infiantly. 

ExtraSl of a letter from an ojficer, 
an board the frigate Co n/litution, dated 
Syracufc harbor, November, gth, to. his 
friend in this city, received by the John 
Adams. 

•' We have had no intelligence lately 
from our prifoners in Tripoli : our lafi 
accounts left them in clofe confinement. 
Naples is in pofftflion of the French, and 
the Royal family are at Palermo. The 
town of (Almeria, in Spain, has been funk 
by an earthquake. Lord Nelfon is going 
to England on account of his ill ftate ot 
health, and, it is liddi is to be fucceeded in 



the command, by Sir John Orde. The 
Mediterranean \^ very quiet as to warlike 
operations: we are at piefent the only noify 
people in it. Our force will confifl of 
twenty gun*boats, 4 bomb veffels, 5 frig- 
ates, 3 brigff, and 2 Ichooners, with which 
we (hall renew the attack on Tripoli in the 
Spring, if the Bafhaw continues the war 
until that time, which we undefftand he is 
determined to do." 



Extrafi of a letter from an officer on 

board one of the United States fh\ps 

^ dated ^ff Tripoli, OBober 6, 1504. 

•* I embrace the opportunity of writing 
you by the John Adams, who goes home 
with the fick and wounded ot the fleet,-— 
We have loft feveral brave men here, am- 
ong them are your triend John Wallcott 
and his Cant. We have taken five pri- 
ztt, targe (hips, loaded with powder and 
ball, bound into Tripoli, all of which we 
have fent into Malta, where they were 
condemned. — In the courfe of isdays^ 
we are to make a general attack, which, 
perhaps, will afford a fubjeA for a larger 
letter. A few days ago took three of the 
Philadelphia's late crew, in one of the en- 
emy's ffun-boats, as they aodaaumber 
more of them have turned Turks. — Shipg 
here, Confteltation, Conftitution, PreG- 
dent, Conffrefs, and Effex f brigs, Syren, 
Ar»us, an4 Vixen 2 fch'rs. Experiment, 
and Emerjnrize." 



(CgeDtnelOL 




At New-York, in the 54th year of his tgc, Docf. 
Lot Tripp, a member of the respeaable society 
of Friends, and an ornament to his profession and 
to humanity. His practice was confined principal^ 
ly to the poor and friendless, to whom he freqncnt. 
!y administered relief without any other reward 
than that which arises from the " luxury of doing 
good." His life was an epitome of aH the virtues 
and his death is sincerely regretted by every one who 
knew him. [Mer. Mh."] 

At Spencertown, on the 18th January, Rhoda, 
in her fifteenth year, and on the 28th, Wbslby, in 
hii fourteenth year, children of Mr. Daniel Leonaid, 



K7» No alterations la the Prices Current at 
Hudson amce our last* 



80 



Cfit 20iala«ee* 



V6L. IV. 




of 6 inches. The front being continued 
perpendicular, and the jambs at the top 
forming a half mitre with the back, alio 
perpendicular. The height behind 22 inch- 
es, (haped to the back, and covered with 
ftraiffht work on the top. 

BALANCE. 



POR THE BALANCE* 

ADDRESS TO MELANCHOLY, 

1-JrE AD melancholy ! eldest child of woe. 
To mental ease and cheerfulness a foe. 
Come to my heart ! and with thee let me live, 
Sigh at thy call and in thy presence grieve^ 
Before thy shrine long, painful yigils keep, 
And, taught by thy^'instructions, lemm to weep. 
Once, while at home my native soil I trod, 
Lop*d the tall tree, or tum*d the fertile sod; 
Jocund I toil'd and whistled o'er the plaii^ 
Free from desire, anxiety or pain. 
In ignorance and innocence my life 
Fass'd quiet on andl knew nor care, nor strifb. 
Then could I sing and unconcerned rove 
The cultured fields, or wander in the greve { 
Then with content unfeign'd and hc>K- felt joy, 
Could taste delights, unmingled with alloy, 
See bnght'ning prospects hail each rising morn 
And pluck enjoynaent's rose, without a thorn, 
But ail ! those fairy dream? of bliss' are o'er, 
Bead are those joys, those prospects charm nomor^ 
Tlr*d of my life, 1 diag c^h tedious dsy 
And wish and urge and drive the hour» »way-f- 
Come then, sweet solace of the suff'ring mind. 
Haste thine approach, nor linger still behind! 
With thee 1 yet may dwell, from thee may know 
How short, how vain is happiness, below. 

alcanr5:r. 



ifmptobemeat. 



SrAFFORD's CLOSE FIRE-PLACE. 

In ihe de{crip(ion of this 5re-place, 
pubhlhcd in the ^oth number oi the 3rd 
Volume of ihc Balance, it was mentioned 
that it might be made whollv ot iron, and 
fet apart Irorn the w^U. We learn that 
the inventor hif applied to this defcrip- 
tion, a (love tor rooms, with a pipe. The 
ground pi >t is 19 inches fqnare, fexclufive 
of a fjmici^cuUr projetiion in the front.) 
The (love dimenfion^ ar^: The jambs, t2 
inches high, connefled by a femi-circle — 
the radius i8 inches. The back, ^2 inch- 
es perpendicular— the jambs at right an- 
gles therewith, 6 inches in height : from 
, the front at the top of the jambs, a projec- 
tion to the back on an angle ot 22^ de- 
fpetSj let fall to the point oi interfeaion 
by a like ajpgle irom the jambs at the height 



tl^ibet^itp: 



FROM THE TRENTON FEDERALIST. ' 

NEW SURROGATES! 

IT is faid the following occurrence 
lately took place in a neighboring coun- 
ty under the aufpices of one of our new- 
Iv appointed "Deputy Surrogate Gen- 
erals." * 

^ A Squire of the orthodox fcEl wanted 
to take out letters of adminiftration for 
the fcttlement of the affairs of a deceaf- 
ed relation. Circumftances, however, 
rendering bis per/onal attendence on the 
" Deputy Surrogate General," tor this 
purpofe, rather inconvenient, he thought 
proper to authorize his better -half, by 
power of attorney, tq^cgmplifh tbebu- 
(inefs. The good Jady appeared before 
the newly, made officer wuh her creden- 
tials, and, after giving the requifil* fecu- 
rity, made oath that her fpoufejhoutd 
faithfully perform the duties enjoined by 
law in the undertaking. Upon this the 
♦•l)eputy Surrogate General " iffued the 
required letters of admmi(f ration to her 
huftand, and fettled all things in order. 
This is ihe Jirji time we ever heard of a 
perfon's making oath by proxy , but as ev. 
ery generation grows wifer and wifer, it 
may be fet down as one of the convenien- 
ces as weH as improvements of the prefent 
age. 



A gentleman ol Wrln^Incnon, (N.C.) 
being lately fohVited by his neighbor to 
be his fecurity to ihe Marfh-ill, afer read- 
ing the Bond, uttered in a laultering tone 
ot voice *' I am fo fickly, and Jh poor- 
h—fojicklyj ana poorly, that I do not 
think I can write. ' Then taking up a 
pen, made an attempt to write bis name 
on a piece of paper and tore it up. The 
other obferved that he could write well 
enough, and preflcd him to fign the 
Bond; to which he replied, ** I am go- 
ing to yoor wharf, to look at fome lum- 
ber, but will be back ^ain in the after- 
noon ; in the mean time do try to get 
fome one elfe to fign it with you ; I am 
fo fickly — and fo poorly. ^^ The other 
ftill perfiiling in his folicitations, declared 
it was only a matter ot form. '* Oh ! 
ho ! matter of f^rm do you fay ?" ex- 



claimed the pretended fick man, " I had 
to pay Six Hundred Dcllars for tnatter 
of form not long fince, and (ball have to 
pay Six Hundred more in a fhort time, 
and I amfofckly—and fo poorly :" and 
marched off. [Wilmi^igton Gaz.^ 

A very curious and valuable library, 
fome time fince, being on fale, amorig the 
reft, a manufcript law book was put v^ 
the performance ot a late eminent hand : 
To enhance the price, §nd ftimulate thq 
company to purchafe it, the audioneer, 
told them, that befides its originality, it 
had the additional advatitage of an opinion 
concerning it, written in a blank leaf, by 
one of the moft diftinguifhed fages of the 
law,pbut he muftbeg to be excufed the pro- 
ducing it, till after it (hould ht fold : This 
took fo well with the literati^ that they ad- 
vanced on one another at each bidding, till 
it was knocked down at a very confiderable 
price, to one who was determined to have 
it at any rate, who vfh^n it was delivered 
to him, fo eager was the expefiation and 
impatience of the company to read the o^ 
pinion, that the purchafer, for fear of be* 
ing crowded to death, to his mortification, 
read thefe words : 

Mem. 1 have carefylly perused this book, and d« 
pronounce it worth not one farthing. H. 

lOxford Mag."] 

>■ I t- I t I . I I Ml I . — 

TERMS OF THE BALANCE, 

FOR 1805. 

To City Subscribcri, Two Dollars ^d Fifky 
Cents, payable quarterly. 

To those who receive them by mail. Two DoU 
lars, payable in^vance. 

To those who take their papers at the office, la 
bundles, or otherwise, a deduction from the ekj 
price will he made. 

A handsome Title Page and Table of Content* 
will accompany the last number of thtf volume. 

Advertisements inserted in a handsome and con- 
spicuous manner, in the Advertiser which accompa- 
nies the 3alanc^ 

NOTE. 

The first second and third Volumes of the Balanc-e 
may be had on the following terms • — 

Ptrst Volume — unbound—^ 

Second Volume f j 

9hird Volume, 

9be thref together, - 

If bound, the jivice of binding (either plain or el- 
egant) will be added. — An unbound volume may be 
sent to any p-^st-olT^ein the rtate for 52 cents post- 
age ; or to any post office \n the union for 78 cents 



HARRY CROSWELL, 

Warren-Street, Hudson. _^ 

WaSB^ PATNTING TM GENERAL IS BXECVTUB 
WITH NEATNESS AND ACCV&ACY. 



y 



S 2. 50 
S3. 50 
S6, 



No. It. 



mmmmm0mmmmmm 



COLUMBIAN 




Vol. IV. 



REPOSITORY. 



** HAIL SACRED POLITY, BY FREBDOM REARED ! 

•* HAIL SACRED rREEDOM, WHEN BY LAW RESTRAINED !' 



BBATTIS. 



HUDSON, (New.York) TUESDAY, March 12, 1805. 



3[ut»0e Cfta^e. 



In ike Senate of the United States^ 

SITTING AS A 

High Court of Impeachment, 

ON THE 
Fourth dt^ of February, Jt, D. 1805. 

TRB UNITED STATES W. 8AXUEL CHASE. 

Theanfwer^ andpleas of Samuel Chase, 

" one of the Affociate Jujlices of the Su- 

preme Court of the united States^ to 

the articles of impeachment^ exhibited 

againfl him in the faid Court, by the 

' honorable, the Houfe of Reprefentatives 

of the United States, in fuf port of their 

tnfeachment, againjl htm, for high 

crimes and mijaemeanors, Juppofed to 

have been by him committed* 

[OOWTrsUEt).] 

IT was tor thefe reafons, that, on the 
a&d day of April, 1800, when the faid John 
Fries was b|K)ught into court, and placed 
io the pHrifoner's bo^ ior trial, but before 
ibe petit jury was impannelled to try bin, 
this refpondeht iatormed the above meti* 
tioned William Lewis, oneof hi* couofel, 
.the aforefaid Alexander James Dallas not 
Jbeing then in court, ** that the court had 
deliberately confidered the indidment a* 
gainft John Fries for treafon, and the 
three feveral overt- a£ls of treafon dated 
therein : that the crime oi treafon was 
defined by the Conllicution ot the United 
States : that as the federal legiflature had 
the power to make, alter, or repeal laws, 
fo the Judiciary only bad the power, and 
it was their duty, to declare, expound, 
and interpret the conftitiition and laws of 
the United States : that ii was the duty of 
the court, in all criminal cafes, to (late to 
jb^ petit jury their opinion of ihe law a- 
riGng on the taSs ; but the petit jury, in 
all criminal cafes, were to decide both the 
law and the fa6ks, on the confideration of 
the whole cafe ; that there mud be fome 
conftrufiive expofition of the terms ufed I 



in the conftitution, levying war againft 
the United States : that the queftion, what 
a£ls amounted to levying war againft the 
iJniied States, or the government thereof, 
was a queftion oi taw, and had been de- 
cided by the judges Patterfon and Peters, 
in the cafe of Vigol and Mitchell, and by 
judge Iredell and Peters, in the cafe of 
John Fries, prifoner at the bar, in April, 
1799 : That judge Peters remained of the 
lame opinion, which he had twice before 
delivered, and be, this refpondent, on 
long and great confideration, concurred 
in the opinion of judges Patterfon, Iredell 
and Peters : — That to prevent unnecelTary 
delay, and to fave time on the trial of 
John Fries, and to prevent a delay of juf- 
tice, in thegreat number of the civil cau^ 
fes depending ior trial at that term, the 
court had drawn up in writing their opin* 
ion oi the law, arifing on the overt a^, 
flated in the indiSment againft John Fries ; 
and had direfled David Caldwell their 
clerk, to make out three copies oi their 
opinion, one to the attorney .ior the dif* 
trifi, one to the counfel for the prifon- 
er, and one to the petit jury, after they 
(hould have been impanelled and heard the 
indi£Fment read to them by the clerk, and 
after the diftriQ attorney (hould have fia- 
ted to thein the law on the overt aQsalledg- 
edin theiodi£lmeot,as it appeared to him. 

After thefe obfervations, this refpond- 
ent delivered one of the above mentioned 
copies to the aforefaid William Lewis, 
then attending as one of the prifoner's 
counfel : who read part of it, and then 
laid it down on the table before him. Some 
obfervations were then made on the fnb- 
jeft, by him and the abovementioned Al- 
exander Jamea Dallas, who had then come 
into court ; but this refpondent doth not 
now recolle£l thofe obfervations, and can- 
not undertake to ftate them accurately. 

And tois refpondent further faith, that 
the paper marked exhibit No. 2, and here- 
with exhibited, which he prays leave to 
make part of this his anfwer, is a true co- 
py oi the original opinion, drawn up by 
him and concurred in by the faid Richard 



Peters, as above fet iorth, which original 
opinion is now in the poflTeflBon of this re- 
fpondent, ready to be produced to this 
honorable court. He may have erred in 
forming this opinion, and in the time and 
manner of making it known to the coun- 
fel for the prifoner. Ii he erred in form* 
ing it,«he erred in co.mmon with bis coU 
leagues and with two of his predeceflbrs ; 
and he prefumes to hope that an error 
which has never been determined criminal 
in them, will not be imputed as a crime 
fo him, who war led into it by their ex- 
ample and their authority. If he eiVed in 
the time and manner oi making known 
this opinion, he feels a juft confidence 
that when the reafons which he has alledged 
for his dondufi, and by which it feemed 
to him to be fully juftificd, (haJl come to 
be carefblly weighed, they will be fufficient 
to prove, if not that his conduft was per- 
feftly regular and correB, yet that he 
might fincerely have confidered it as right ; 
and that in a cafe where fo much doubt 
may exift, to have committed i miflake is 
not to liave committed a crime. 

And this refpondent further anfwering 
infifts, that the opinion thus delivered t(» 
the prifoner's counfel j. viz. that" any in- 
furreQion or rifing of any body of people 
within the United States, for the purpofe 
of refiftiug or preveming by force or vio- 
lence, under any pretence whatever, the 
execution of any ftatute of the United 
States, for levying or collefting taxes, or 
for any other objeft of a general or nation- 
al concern, is levying war againft the U- 
nited'State^, within the contemplation and 
true meaning of the conftitution of the 
United States," is a legal and a corrcft o- 
pinion, fupporied not only by the two 
previous decifions' above mentioned, but 
alfo by the plaifieft principles of law and 
reafon, and by the uniform tenor of legal 
adjudications in England and Great Brit, 
ian, from the revolution in 1688 to this 
time. It ever was, and now is his opin- 
ion, that the peace and fafety of the na- 
tional federal government, muft he endan^ 
gered, by any other conflru6lioD oi tlie 



82 



€!)e 2^^ance* 



For 18(>5. 



terras " levying war again ft the United 
States/' ufed by the federal conftitution ; 
and be is confident that do judge of the 
federal government^ no judge of a fupe- 
rtor ilate court, nor any gentleman of e- 
ilabliflied reputation for legal knowledge, 
would or could deliberately give a contra- 
ry opinion. 

If however this opinion were errone- 
ous, this retpondent would be far lefs cen- 
furable than his predeceffors, by whofe 
example he was led aftray, and by whofe 
authority he confidered himfelf bound.' 
Was it an error to confider himfelf bound 
by the authority ot their previous decif- 
ions ? If it were, he was led into the error 
by the uniform courfe of judicial procee- 
dings in this country and in England and 
is fupported in it, by one of the funda- 
mental principles oj our jurifprudence. 
Can inch an error be a crime or mtfde- 
meanor ? 

U on the other hand, the opinion be in 
itfelf corre3, as he believes and indfls 
that it is, could the expreflion of a corre6k 
^ opinion on the law, wherever and howev- 
er made, miflead the jury, infringe their 
rights, or give an improper bias to their 
judgments ? Ctuld truth excite improper 
prejudice ? Could the jury be lefs prepa- 
red to hear the law difcufled, and to decide 
on it correftly,- becaufe it was correftly 
ftated to them by the court ? And is not 
that a new kind of offence, ifi this country 
at Ieaft« which confift^ in telling the truth, 
and giving a correft expofitioairf the law. 

As to the fccond fpccific change addu- 
ced in fupport oi the firft article of im- 
peachment, which accufes this rrf|)ondent, 
*' of reftrifting the counfel for the faid 
Fries, fronl recurring to fuch Englifli au- 
thorities ai ihey believed appofite, or from 
• citing certain ftatutes of the United States, 
which they deemed ill uftrative of the po- 
fitions upon which they intended to reft 
the defence of their client,*' this refpond- 
cnt admits that he did, on the above men- 
tioned trial, cxprefs it as his opinion to 
the aforefaid counfel for the priConer, 
•• that the decifions in England, in cafes 
of indiftments fortreafon at common law, 
againft the pcrfon of the king, ought not 
to be read to the jury, on trials for treafon 
•under the conftitution and ftatute^ of the 
United States ; becaule fuch decifion 
could not inform, but might miflead and 
deceive the jury ; that any decifions on 
cafes of treafon, in the courts of Erg- 
land before the revolution of 1688, ought 
to have very little influence in the courts 
of the United States ; that he would permit 
decifions in the courts of England or of 
Great Britain, fince the faid revolution, 
to be read to the court or jury» for the 
purpofe of fhewing what a£ls have been 
confidered by thofe courts, as a conftruc- 
tive levying war againft the king of that 
country, ia his regal capacity, but not a- 



gainft his perfofi ; becaufe levying war a- 
gainft his government was of the fame na- 
ture as levyincr war againft the govern* 
thent of the United States ; but that fuch 
decifions, neverthelefs, were not to be 
confidered as authorities binding on the 
courts and juries of this country, but 
merely in the light ot opinions entitled to 
great refpefl, as having been delivered 
after full confideration, by men of great 
legal learning and ability." 

Thefe are the opinions which he did, 
on that occafion, deliver to the counfel 
fortheprifoner,and which he then thought, 
and ftill thinks, it was his duty to deliver. 
The coyunfellors admitted to praftife in a- 
ny court ot juftice in his opinion, and ac- 
cording to univerfai praftice, to be confid- 
ered as officers of fuch courts, and minif- 
ters oi juftice therein, and as fuch, {ubjeft 
to the dire6lion and controul of the court, 
as to their condu£l in its prefence, and in 
condufting the defence of criminals on tri- 
al before it. — As counfel, they owe to the 
perfon accufed,dil!gence,fidelity and fecre- 
fy,and to the court and jury,due and corre£l 
information, according to the heft of their 
knowledge & ability on every matter of law 
which they attempt to adduce in argument. 
Tlie court on the other band, hath power, 
and is bound in duty, to decide and dire£l 
what evidence, whether by direftion or by 
precedents of decifions in courts of juftice, 
is proper to be admitted tor the eftablifh- 
ment of any matter of law or faft. Confe- 
quently, (hould counfel- attempt to read to a 
jury, as a law ftill in forces a ftatute which 
had been repealed, or a decifion which had 
been reverfed, or the judgments of courts 
in countries whofe law^ have no connexion 
with ours, it would be the duty of the court 
to interpbfe, and prevent fuch an impofi- 
tion from being praflifed on the jury. For 
thefe reafons, this refpondent thinks that 
his conduft was corre6f, in expreffing to 
the counfel forFries, the opinions ftated a- 
bove. He is not bound to anfwer here for 
the correftnefs of thofe principles, though 
he.thinks them inconteftible, but mereiy 
for the correftnefs o^ his motives in deliv- 
ering them. A contrary opinion would 
convert this honorable court, from a court 
of impeachment to a court of appeals ; and 
would lead direftly to the ftrange abfurdity, 
that whenever the judgment ot an inferior 
court fhould be reverfed on appeal of writ 
or error, the judges of that court muft be 
conviSed of high crimes and mifdemean- 
ors, and turned out of office : that error in 
judgment is a puniftiable offence, and that 
crimes may be committed without any 
criminal intention. Againft a doflrine fo 
abfurd and mifchievous, fo contrary to ^'v- 
cry notion of juftice hitherto entertained, 
fo utterly fubverfive to all that part ot our 
fyftem of jurifprudence, 'vhich has been 
wifely and humanely eflablifhed for the 
protedioo ol innocence, this refpondent 



deems it his duty now, and on every fit oc- 
cafion, to enter nis proteft and lift up his 
voice ; and he trufts that in the diicharge 
of 1ms duty, infinitely more important to 
his country tlian to himfelf, he fhall find 
approbation and fupport in the heart of ev. 
ery American, of every man throughout the 
world, who knows the bleffings of civil 
liberty, or relpefts the principles of univer- 
fai juftice. 

It is only then, for the correftnefs of his 
motives in delivering thefe opinion?, that 
he can now be called to anfwer ; and^this 
correftnefs ought to be prefumed, unlets 
the contrary appear by foroe direft proofs 
or by fome violent prefumption, arifing 
from his general conduft on the trial, or 
from the glaring impropriety otthe opinion 
itfelf. for he admits that cafes may be 
fuppofed, of an opinion delivered by a 
judge, fo palpably erroneous, tinjuft and 
oppreffive, as to preclude the poffibiliry ot 
its having proceeded from ignorance or mif- 
take. 

Do the opinions now under coafidera- 
tion bear any ot thefe marks ? This hon* 
orable court need not be inf ormedjhat there 
hai exifted in England, no fuch thing as 
treafon at common la w» fince the year 1 350^ 
when the ftatute of the 2jth Edward lit, 
chap. 2, declaring what alone fhould in fu* 
ture be judged treafon, was pa (fed. It ia 
perfeftly clear that decifions made before 
tfiat ftatute, 45^ years ago, when England^ 
together with the reft ot Europe, was 
ftnl wrapped in the de^peft gloom of 
ignorance and barbarifm % when the fyf* 
tern of Englifh jurifprudence was ftill to 
its infancy ; when law, jufliceand reafon, 
were perpetually trampled under foot by 
feudal oppreffion and feudal anarchy ; — 
when, under anableand vigorous monarcb* 
every thing was adjudged to be treafon 
which he thought fit to call fo, and under 
a weak one, nothing was confidered as treaw 
fon, which turbulent, powertui, and rebell- 
ious nobles thought fit to perpetrate : is it 
perfeftly clear that decifions made at fuch 
a time, and under fuch circumftances, 
ought to be received by the courts of this 
coiuiiry as authorities to govern tficir de- 
cifions, or lights to guide the underftand- 
ing ot juries ? Is it pei'feftly clear that de- 
cifions made in England, on the fubjeft of 
treafon, befo!e the revolution ot 1688, by 
which alone the balance of the Englifli 
conftitution was adjufted, and the Englilh 
liberties were fixt on a firm bafis ; decif- 
ions made either during the furious civil 
wars, in which twc*rival families contend- 
ed tor the crown ; when the vicifftudes 
of war, death and confifcation in tf>e forms- 
of law, continually walked in the train of 
the viftors, and aftions were trcafonable 
or praife- worthy, according to the prepon- 
derance of the party ty whofiC adhercntt 
they were perpetrated ; during the reigns 
of three able and arbitrary m^mxc^t ^^^ 



No. IL 



Cfie 2?atenee. 



85 



3^ 



faceeeded this dreadlul coDfii3» and relate- 
«d or invigOTated the law oi treafon, accor- 
ding to ibeir anger, their policy or their 
caprice ; or during thofetfrribk druggies 
between the principles oMiberty, not yet 
well defined or underftood, on one h2|nd, 
>snd arbiuMry power, infinuating itfeif un- 
der the forms ot the conftitution, on the 
other ; ftruggles which prefented at fome- 
times the wi'.deft anarchy, at others, the 
extremes ot fervile fubmiffion, and alter r 
having brought one king to the fcaiFold, 
ended in the expulfionof another irom his 
throne ; is it clear that the decifions on the 
law ot treafon, made in times like thefe, 
ought not only to be received as author i- 
ties in the courts ot this country, but alfo 
to have great influence on the decifions ? 
Is it clear that decifions made in England, 
as to what a£ls will amount to levying 
war againft the king, perfonally, and not a- 
gainft his government, are applicable to 
the conftitution and laws of this country ? 
Is it clear that f uch Englifh decifions on 
the fufojefi ot treafon, as are applicable to 
out conftitution and laws, areto be received 
in our courts, not merely as the opinions 
of learned and able men, which may en- 
lighten their judgment, but as authorities 
which ought to govern abfolutely their de- 
cifions ? Is all this fa clear, that a Judge 
could not honeftly and Cncerely have 
thought the contrary ? That he could not 
have exprelTed an opinion to the contrary, 
without corrupt or improper motives? If 
k be not thus clear, then muft it be admitted 
that this refpondent, fincerely and hone(Uy» 
and in the beft ot his judgment, confidered 
thefe decifions as wholly inadmiflible, to 
sdmiffible only tor the purpofes and to the 
extent which he pointed out. 

And it he did fo confider them,was 
it not his duty to prevent them from 
being read to the ^ury, except under 
tbofe reftriftions, antf lor thofe purpofes ? 
"Would his duty permit him to fit filent- 
ly, and fee the jury impofed on and mif- 
Icd ? To fit filently,' and hear a book 
read to them as containing the law, which 
be knew did not contain the law ? Such fi- 
Icnce would have rendered him a party to 
the deception, & wouldhavejuftly fubjefl- 
ed him to all the contumely, which a con. 
-fcientious and courageous difcharge of his 
duty, ha$ fo unmeritedly brought on his 
^me. 

With refpeft to the ftatutcs ot the Uni- 
ted States, which he is charged with hav- 
ing prevented the prifoner's counfel from 
citing on the aforefaid trial, he denies that 
he prevented any a3 ot Congrefs from 
being cited, either to the court or jury, 
pn the faid trial, or declared at any time, 
ihat he would no: ]^rmit the prifoner's 
eounfei to read to the jury, or to the 
court, any aft of Congrefs whatever. Nor 
4opi be renumber or believe, that be ex- 



prefled on the faid (rial, any difapproba- 
tion ot the condu6l ot the circuit court 
before whom the faid cafe was firft tried, 
in permitting the a£l of Congrefs relating 
to crimes lefs than treafon, commonly 
called the Sedition A8, to be read to the 
jury. He admits indeed that he was then 
and ftill is of opinion, that the faid aS of 
Congrefs was wholly irrelevant to the if- 
fue, in the trial of John Fries^ and there- 
tore ought not to have been read to the 
jury, or regarded by them. This opinion 
may be erroneous, but he trufts, that the 
following reafons on wl>ich it was foun- 
ded, will be confidered, by this honorable 
court, as fufHciently ftrong to *render it 
pofTible, and even probable, that fuch an 
opinion might be fincerely held and hon- 
eftly expreffed : — ift. That Congrefs did 
not intend by the fedition law, to define 
the crime of treafon by •• levying war." 
Treafon and fedition are crimes very dif- 
tinfi in their nature, and fubje£l to ve- 
ry different punifhments ; the former by 
death, and the latter by fine and imprifon- 
ment. — 2ndly, The fedition law makes a 
a combination or confpiracy, with intent 
to impede the operation ot any law ot the 
United States, or the advifinjg or attempt- 
ing to procure an infurredion or riot, a 
high mifdemeanor punifhable by fine or 
imprifonment ; but a combination or con- 
fpiracy with intent to prevent the execu- 
tion ot a law, or with intent to raife an 
infurreftion tor that purpofe, or even with 
intent to commit treafon, lis not treafon by 
*• levying war " againft the United Slates, 
unlefs it be followed by an attempt to car- 
ry fuch combination or confpiracy into 
efFeft, by aSual force or violence. — 3rdly, 
The conftitution of the United States ir 
the fundamental and fupreme law, and 
ha\1ng defined the crime of treafon, Con- 
grefs could not give any legiflative inter- 
pretation or expofition of that crime, or 
of the part ot the conftitution by which 
it is defined. — 4thly, The judicial author- 
ity of the United States, is alone veftcd 
with power to expound their conftitution 
and laws. 

And this, refpondent further anfwering 
faith, that after the above-mentioned pro- 
ceedings had taken place in the faid trial, 
it was pcftponed until tfie next day, Wed- 
nefday, April 23rd, 1800 ; when at the 
meeting ot the court, this refpondent told 
both the above-mentioned counfel for the 
prifoner, '* that to prevent any mifunder- 
ftanding of any thing that had pafled the 
day before, he would inforra them, t|}at 
although the court retained the fame opin- 
ion of the law, arifing on the overt a£ls 
charged in the indiSment againft Fries, 
yet the counfel would be permitted to of- 
fer arguments to the court, for the pur- 
pofe of (hewing them that they were mif- 
taken in the law ; and that the court if 



fatisfied that they had erred in opinion, 
would correft it : and alfo that the coun- 
fel would be permitted to argue before the 
petit jury, that the court were miftaken in 
the law.'' And this refpondent added, 
that the court had given no opinion as to 
the ta£U in the cafe, about which both the 
counfel had declared that there would be 
no controverfy. 

After fome obfervations by the faid 
William Lewis, and Alexander James 
Dallas, they both declared to the court, 
•« that they did not any longer confider 
themfelves as counfel for John Fries, the 
prifoner.*' This refpondent then aflied 
the faid John Fries, whether he wifhed the 
court to appoint other counfel for his 
defence ? He refufed to have other coun- 
fel affigned ; in which he aQed, as this 
refpondent believes and charges, by the 
advice of the faid William Lewis, and AI. 
exander James Dallas : whereupon the 
court ordered the faid trial to be had on 
the next day, Thurfday the 24th of April, 
1800. 

On that day the trial was proceeded in ; 
and before the jurors were fwom, they 
were, by the direftion of the court, fever- 
ally afked on oath, whether they were ia 
any way related to the prifoner, and 
whether they had ever formed or deliver- 
ed any opinion as to his guilt or innocence, 
or that he ought to be punifhed ? Three 
of them antwerit^ in the affirmative, were 
withdrawn from the pannel. The faid 
John Fi^es was then informed by the 
court, tJm he had a right to challenge 
I thirty-five ot the jury, without (hewing 
Sny caofe ot challenge againft them, and 
as many more as he could (hew caufe of 
challenge againft. He did accordingly 
challenge peremptorily thirty-four of the 
jury, and the trial proceeded. In the 
evenipg, the court adjourned till the next 
day, Friday, the 25th of April ; when at- 
ter the diftrift attorney had ftated the prin- 
cipal fa6ls proved by the witneffes, and 
had applied the law to thofe fa3s, this re< 
fpondent, with the concurrence ot his col- 
league, the faid Richard Peters, delivered 
to the jury the charge contained and ex- 
preffed in exhibit marked No. 3, and 
herewith filed, which he prays may be 
taken as pari of this his anfwer. 

Immediately after the petit jury had de- 
livered their verdift, this refpondent infor- 
med the faid Fries, from the Bench, that 
it Jie,' or any perfon for him, could (hew 
any legal ground, or fufficient caule to ar- 
reft the judgment, ample time would be 
allowed him for that purpofe. But no 
caufe being (hewn, fcntence of death wag 
paffed on the faid Fries^ on Tuefday the 
fecond day ef May, 1800, the laft day ot 
the term ; and he was afterwards pard4)n- 
ed by John Adams, then Prefident ot the 
United States. 



84. 



€!)e 2S>aIattct 



Vol. IV. 



I 



And this respondent frsrlKer answering sftitb, 
that if the two instances of misconduct, first sta- 
ted in support of the general charge, contained in 
the first article of impeachment, were true as al- 
ledgcd, yet the inference drawn from them* viz. 
*< that the said Fries was thereby deprived of the 
benefit of cotinscl for his defence,*' is not tnie. 
He insists that the said Fries was deprived 
cvf the benefit of counsel, not by any miscon- 
dxict of this respondent, b»t by the conduct and 
advice of the above mentioned William Lewis and 
Alexander James DaHas, who having been, with 
their own consent, assigned by the coort as counsel 
for the prisoner, withdrew from his defence, and 
advised liim to revise other counsel when offered to 
him by the court, under pretence that the law had 
been prejudged, and their liberty of conducting the 
defence, according to their own judgment, hnprop- 
crly restricted by this respoadeni ; but in reality be- 
cause they knew the law and the facts to be against 
them, and the case to be desperate, and supposed 
that their wirhdrawing themselves under this pre- 
tence, might excite odiom against tht court; might 
rive rise to an opinion that the prisoner had not been 
_Wirly tried : and in the event of a conviction, which 
from their knowledge of the law and the facts they 
knew to be almost certain, might aid the prisoner 
in an application to the president for a pardon. That 
such was the real motive of the said prisoner's coun- 
sel, for depriving their client of legfcl assistance 
on his trial, this respondent is fully persuaded, and 
expects to make appear, not only from the circum- 
stances of the case, but from their own frequent and 
pablic aeclarations. 

As little can this respondent be justly charged 
with having by any conduct of his, endeavoured to 
« wrest from the jury their mdisputabU right to 
hear argument, and defermine upon the question of 
law as well as the question of fact involved in the 
verdict which they were required to give.'* He de- 
nies, that he did at any time declare that the afore- 
said counsel should not at any time address the jury, 
or did in any manner hinder them frOm addres- 
aing the jury on the law as well as onthe facts ari- 
sing in the case. It was expressly stated in the co- 
py^ of his opinion delivered as above ^ forth to 
William Lewis, that the jury had a iigM tjo deter-' 
nine the law as well as the fact ; and-th^ said W. 
Lewis and Alex. J Dallas were expressly informed, 
before they declared their resohition to ahatidon the' 
defence, that they were at liberty to argue the law 
to the jury. This respondent believes that the eaid 
William Lewis dkl not read the opinion delivered to 
him as aforesaid, except a retf small part at the be- 
ginning of it, and of course attcd upon it without 
knowing its contents : and that the sakl Alexander 
James Dallas read no part of the sakl opinion until 
abput a year ago, when he saw a very imperfect co- 
nf made in court by a certain W. S. BiddJe. 

And* this respondent further answering, saith, 
that according to the constitution of the United 
States, chtl officers thereof, and no other persons, 
are subject to imptachment ; and they oidy for trea- 
son, bribery, corruption, or other high crime or 
misdemeanor, consisting in some act done or omit- 
ted, in violation of some law fort>idding or com- 
manding it \ on conviction of which act, they muit 
be removed from office *, and may, after conviction, 
he indicted and punished therefor, according to law. 
Hence it cteatly results, that no civil officer of the 
United States can be impeached, except for some 
offence for which he may be indicted at law ; and 
that no evidence can be received on an impeach- 
ment, except sach as on t n indictment at la^w, for 
the same offence wouldhe admiaible. That a judge 
catuu>t be indicted or punished according^ law, tr r 
any act whatever, done by him in his jindicial capa- 
city, and in a matter of which he has jurisdiction, 
thro* error of judgnrvent merdy, without corrupt 
motives, however manifest his error may be, is a 
principle resting on the tdafnest maxims of reason 
luid justice, supported by the highest I^gal authori- 
ty, and sanctioned by the universal sense of man- 
kind. He hath already endeavoured to shew, and 
he hopes with success, that sll the opinions de- 
IWered by him in the course of the trial now under 
considgratioDy were correct in themselves^ and in the | 



time and manner of expressing them ; and that e< 
ven admitting them to have been incorrect, there 
was Such strong reason in their favor, as to remove 
^rom his conduct every suspicion q£ improper mo- 
tives. If these opinions were incorrect, his mis- 
take, in adopting tnem,or in the time and manner of 
expressing thenn, eannot be imputed to him as an of- 
fence of any kind, much less as a high crime or 
misdemeanor, for which he ought to be removed 
firom office, unless it can be shewn by clear and le- 
gal evidence, that he acted from corrupt motives.*- 
Should it be considered that some impropriety is at- 
tached to his conduct, in the time and mode of ex- 
pressmg any of these opinions ; still he apprehends 
that a very wide difference exists between such im- 
propriety, the casual effect ef human infirmity, and 
a high crime and misdemeanor for which he may 
be impeached, and must on conviction be removed 
from office. 

Finally, this respondent having thus laid before 
this honorable court a true state of his case, so far 
as respects the first article of impeachment, declares, 
upon the strictest review of his conduct during the 
whole trial of John Fries for treason, that he was 
not on that occasion unmindful of the solemn du- 
ties of his office as judge i that he faithfully and 
impartially, and according to the best of his ability 
and understanding, discharged those duties towards 
the said John Fries ; and that he dkl not in any 
manner, during the said trial, conduct himself arbi- 
trarily, unjustly or oppressively, as he is accused 
by the honorable the House of Representatives. 

And the Saul Samuel Chase, for plea to the said 
first article of impeachment, saith, that he is not 
guilty of any high crime ormisdemeanor, as in and 
by the said first article is alledged ; and this he prays 
may be enquired of by thi^ honorable court, m 
such manner as law and justis^}- shall seem to them 
to require. 

The second acticle of impeachment charges, that 
this respondent, at the tyial of James Thompson Cal- 
lender for a libel, in May 1800, did, «< with intent 
te oppress and procure the conviction of the said 
Callender, oveirule the objection of John Basset^ 
one of the jury, who wished to be excused from 
serving on the trial, because he had made up his 
mind as to the publicatloo from which the words, 
charged to be libellous in the indictment were ex- 
tracted." 

In answer to this article, the respondent admits 
that he did, as one of the associate justices of the su- 
_preme court of the United states, hold the circuit 
court of the United States, for the district of Vir- 
ginia at Richmond, on Thursday the 22d day of 
May« in the year 1800. and from that day, till the 
30th of the same month ; When Cyrus Griffin, then 
district judge of the United States for the distrkt 
of Virginia, took his seat in the said court ; and that 
during the residue of that session of the said court, 
which continued till the day of June, in 

the same year, this respondent and the said Cyrus 
Griffin, held the said court together. But how far 
any of the other matters charged in this article, are 
founded in truth or law, will appear from the fol- 
lowing statement ; which he submits to this hon- 
ourable court, by way of answer to this part of the 
accusation. 

By an act of Congress passed on the 4th day of 
May, A. D. 179S, it is among other things enacted, 
«« That if any person shall write, print, utter or 
publish, or shall knowingly and wittingly a<;sist and 
aid in writhig, printing, uttering or publishing, any 
false, scandalous, and malicious writing or writings, 
against the President of the United States, with 
intent to defame, or to bring him into contempt or 
disrepute, such person, being thereof convicted, 
shall be punished by fine, not exceeding two thou- 
sand dollars, and by imprisonment, not exceeding 
two years ;" and, «« that if any person shall be pro- 
secuted under this act,' it shall be lawful fer him to 
give in evidence in his defence, the truth' of the 
matter coi)tained in the publication charged as a 
libel ; and the jury shall have a right to determine 
the law and the fact, under the direction of the 
court, as in other cases,'* as in and by the said act, 
commonly called the itOitUm lav»^ to which thi» 



respondent begs leave to refer thb honorable court, 
will more fully appear. 

At the meeting of the last abo\'e mentioned cir- 
cuit court, this respondent, as requirtd hy the du- 
ties of his office, delivered a charge to the grand ju- , 
ry ,; in which according to hb constant practice, aind 
to his duty as a judge, he gave in charge to them, 
several acts of Congress for the punishment of of- 
fences, and among them, the above nrentioned act, 
called the sedition lawt and directed the said jury 
to make particular enquiry, concerning any breaches 
of these statutes or any of them, within the district 
of Virginia. On the 24ih day of May, 1800, the 
sudjury found an indictment against orve James 
Thompson Callender, for printing and publishing, 
against the form of the said act of Cotigress, a false, 
scandalous and malicious libel, called «* The Pros- 

Sect before Us,** against John Adams, then Presi- 
ent of the United States, in his official character as ' 
Pteskient; as appears by an official copy of the said 
indictment, marked exhibit No, 4. which this res- 
pondent begs leave to make part of this his an>* 
swer. 

On Wednesday, the 28th day of thes^me month. 
May, 1800. Phillip Norbonne Nicholas, Esq now 
attorney general of the state of Virginia, and 
George Hay, Esq. now district attorney of the U. 
States, for the djstrict of Vhrginia, appeared in die 
said circuit court as counsel for the said Callender; 
and on Tuesday the third of June following, his trial 
commenced, before this respondent, and the said 
Cyrus Griffin, who then sat as assistant judge. The 
petit jurors being called over, eight of them appear- 
ed, namely, Robert Gamble, Bernard MacKhamy 
John Barrdl, William Austin, William Richardson, 
Thomas Tmsley, Matthew Harvey and John Bas^ 
set ; who as they came co the Book to be sworn, 
were severally asked on oath, by direction of the 
court, " whether they had ever formed and deliver- 
ed any opinion respecting the subject matter then 
to be tried, or concerning the charges contamed in 
the indktment ?" They all answered in thenegativok 
and were sworn in chief to try the issue. The 
couftfisel tor the s»d Callender declaring, that it was 
unn^essary to put this question to the other foot 
jtnymen, Williara Mayo, James Havres, Hemy S. 
Shore and John Prior, they also were immediately 
twom in chief. No challenge was made by the said 
Callender or his counsel, to any of these jurtn^ t 
but the said counsd declared, that they would rely 
on the answer that should be given by the said 
jurors, to the question thus put by order of the 
court. 

After the above-mentioned John Basset, whom 
this respondent supposes and admita to be the per^ 
son mentioned in the article of impeachment now 
under consideration, had thus answered in the neg- 
ative, to the question put to him by order of the 
court, as above-nnentioned, which this reapoudeitt 
states to be the legal and prq)er question, to be 
put to jurors on such occasions, he expressed to 
the court, his wish to be excused from serving on 
the said trial, because he had made up his mind, or 
had farmed hia opinion, •• that the publicationa ca^* 
led • The Prospect before Us,' from which the 
words chatged in the indictment as libellous, were 
said to be extracted, but which he had never seen, 
was, according to the representation of it, which he 
had received, within the sedation law.'* But the 
court did not consider this declaration by the said 
John Basset, as a sufficient reason for withdrawing 
him from the jury, and accordingly directed him to 
be sworn in chief. 

In this opinion and decision, as in all the others 
delivered during the trial m question, this respond- 
ent concurred with his colleague, the afore-mention- 
ed Cyrus Griffin, in whom none of these opinions 
have been considered as criminal. He contends 
that the opinion itself was legal and correct ; and 
he denies that he concurred in it, under the influence 
of any •« spirit of persecution and iujostke,'* or whh 
any ^ intent to oppress and procure the conviction 
of the prisoner ;*' as is most untruly alledged by the 
second article of impeachment. His reasons were 
correct and legal. He will submit them with eonfi- 
denceto this hotK>rab1e coiut ; which, although -il 
canopt condemn him ^r an inccrrect cpiniop, pro- 



No. 11. 



aJTbt 2d^alance. 



85 



ccedmg from an honttt error in j uclgtm nt^mnd ought | 
not to take on itself the power of enqoiring into ihe 
' correctness of Im decisions, but merely that of ex- 
amining the par:ty of his motives ; will ne^'erthe- 
Icss weigh his reasons, for the purpose of judging 
kow ftar tlicy arc of sufficient force, to justtfy a be* 
lief that they might have appeared satisfactory to 
him. Tf they might have so appeared, if the opin- 
ion which he founded on them be not so palpably 
and gianngly wrong/as to rarry with it Internal evi- 
dence of corrupt mothres, he cannot in dehverin|^ it 
have committed an offence. 

This honorable court need not be informed, that 
it is the duty of courts before which criminal trials 
take place, to prevent jurors from being excused for 
I4g»|t and insufficient causes. Hthis r^ie were not 
observed^ it would follow, that as serving on such 
trials as a juror, is apt to be a very disagreeable bu- 
siness, especially to those best qualified for it, there 
would be great diiBoilty, and often an impossibility, 
Vk finding proper luries. The law has therefore 
established a fixed and general rule on this subject, 
calculated not to gratify the wishes or the unreason- 
able scruples of jurors, but to secure to ihe party aC] 
cosed, as far as in the imperfection of h«man natnre 
jc can be secured, a fair and impartial trial. The 
criterion established by this rule is,' ** that the juror 
stands indifferent between the govemmeat and the 
nerson accused, as to the matter in itew, on the in- 
diconent." This indifference is always, according to 
a well known maxim of law, to be presumed, imless 
tlie contrary appear ; and the contiary may be aW 
ledged by way of excuse by the juror himself, or by 
tbe prisoner by wi^ of challenge. £veii if not al- 
ledged, it may be inquired into by the court of its 
own n\ere moti«n» or on the suggestion of the pris- 
oner, and it may be established by confession of the 
jaror tafimself, on oath, or by other testimony. 

But ki order to shew that a juror does not ** stand 
indifferent between the acctner and the accused, tu 
%o the matter in Utue" it is not sufficient to prove 
that he has expressed a general opinion, ** that such 
an offence A that charged by the indictment ougjfit to 
teponished ;" or <* that the party accused, if guilty 
c£the ofence charged against him, ought to be pun- 
ished ;** or '« that a book, for printing and pubiish- 
ing which the party is indicted, comes wiihin the 
law on which the mdictment b founded/' All 
these are general expressions of opinion, as to the 
criminality of an act of which the party Is accused, 
snd of which he may be guilty ; not declarations sf 
aa opinion that he actually is guilty of the offence 
with wMch he stands charged. It is impossible for 
a man In society to avoid havings, and extremely 
difficult for him to avoid expressing an opinion, as 
to the criroinality or inno(ience of those acts, which 
for the most pabrt, are the subjects of indictments 
for offences of a public nature ; such as treason, se- 
dition, and Itbds against the govemmeat. Such 
acts always engage public attention, and become the 
subject of public conversation ; and if to have form- 
ed or expressed an opinion, as to the general nature 
of those acts, were a sa£kient ground of challenge 
to a juror, when alledged against him, or of excuse 
from serving when alledged by himself, it wonld be 
in the power of almost every offisnder.to prevent a ju- 
ry from being impannelted to try him;, and of almost 
every roan, to exempt himself from the unpleasant 
task' of serving on such juries. The magnitude and 
faeinous nature of an ofl&ice, would give it a greater 
tendency to attract public attention, iAkI to draw 
forth public expressions of indigtiation } and would 
ttaas increase its chance of impunity. 

To the tirescnt case this reasoning applies with 

f>?culiar force. The «* Prospect before Us" is a 
ibel v> profligate and atrocious, that it excited dis- 
gust ana indtgnatloB in every breast not wholly de- 
praved. Even those whose interest it was intended 
to promote^ were, as this respondent has under- 
stood, and believes, either so much ashamed of it, 
or so aprehensive of its effects, that great pains 
were taken by them to withdraw it from public 
and general circulation. Of such a pi^lication, it 
must Jiave been exrremdy difficult to find a man of 
sofficknt character and information, to serve on a 
Jury, .who hitft not formed itn op^on| either from I 



his knowledge, orfrom report. The juror \H ihepre 
sent case had expressed no o])lnion. He had for- 
med no croinion, as to the facts. He had never 
seen the "Prospect before Us," and therefore could 
have formed no fixed or certain opinion about its na- 
ture or contents. They had been reported to him, 
and he had formed an opinion that if they were 
such as reported, the book was withii:^ the scope 
and operation of a law for the punishment of 
** false, scandalous and malicious libels, against the 
president in his official capacity, written or published 
with intent to defame him" And who is there,, that 
having either seen the book or heard of it, had not 
necessarily formed the same opinion. 

But tnis juror had formed no opinion about the 
guilt or innocence of the party accused ; which depen- 
ded on four facts wholly dtstinct from the opinion he 
had formed. First, whether the contents of the 
book were really such as had been represented to 
him ? Secondly, whether they should, on the trial, be 
proved to be true ? Thirdly, whether the party ac- 
cused was really the author or publisher of this 
book ? And fourthly, whether he wrote or publish- 
ed it «' with intent to defame the President, or to 
bring him into contempt or disrepute, or to excite 
against him the hatred of the good people of 
the United States^?*' On all these questions, the 
mind of the juror was perfectly at large, notwith-* 
standing the opinirm he had formed. He might, 
consistently with that opiiflon, determine them all 
in the negative ; and it was on them that the issue 
between the United States and James Thompson 
Callender dei)ended. Consequently, this juror, not- 
withstanding the opuiion which he had thus formed, 
dkl stand indifferent as to the matter in issue, in the 
legal and proper sense, and in the only sense in which 
such indifference can ever exist; and therefore his 
having formed that opinion, was not such an excuse 
as coidd have justified the court in discharging him 
from the jury. 

That this juror did not himself consider this o- 
pinion, as an opmion respecting the <« matter in is- 
sue," appears dearly from this circumstance, that 
when called upon to answer on oath, ** whether be 
had expressed any opinion as to the matter m issue \ 
he answered that he had not. Which clearly proves 
that'he did not regard the circumstance of hts hav- 
ing formed this opinion, as a legal excuse, which 
oQght to exempt him of right from serving on the 
jury ; but merely suggested it as a motive of deli- 
cacy, which induced hi^i to wish to be excused. 
To such motives of delicacy, however commenda- 
ble in the person who feels them, it is impossible 
for courts of justice to yield, without putting it in 
the power of every man. under pretence of such 
scruples, to exempt himself from those duties which 
all the citizens are bound to perform Courts of 
justice must regulate themselves by legal principles, 
which are fixed and universal ; not by delicate scru- 
ples, which admit ot endless variety, according to 
the varying opinions and feelings of men. 

Such were the reasons of this respondent, and he 
presumes of his colleague the said Cyrus Griffin, for 
ref jsing to excuse the said John Basset, from serv- 
ing on the jury aboveraentioned. These reasons, 
and the decision founded on them, he insists were 
legal and valid. But if the reasons should be con- 
sidered as invalki, and the decision as erroneous, can 
they be considered as so clearly and flagrantly incor- 
rect, as to justify a conclusion that they were adop- 
ted by this respondent, through improper motives ? 
are not these reasons stiffieiently strong, or sufficient- 
ly plausible, to justify a candid and liberal mind in 
believing, that aC ^udge might honestly have regar* 
ded thein as solid ? Has it not been conceded, by 
the omission to prosecute judg^ Griffin far this de- 
cision, that his error, if he committed one, was an 
honest error ? Whence this distinction between this 
respondent and his colleague } And why is that opin- 
ion imputed to one as a crime which in the other is 
considered as innocent ? 

And the said Samuel Chase, for plea to the said 
Second articie of impeachment, saith, that he is not 
guilty of any high crime or misdemeanor, as in aiul 
by said second article is alledged against him ; and 
this he pra/s may be enquired of hf this honorable 



court, in such manner as law and justice shall seem 
to them to require 

The third article of impeachment alled;rcs that 
this respondent " with intent to oppress and procn e 
the convictioH of the prisoner, did not permit the ev- 
idence of John Taylor, a material witness in behalf 
of the said Callender, to be given in, on |ne»ence that 
the said witness could not prove the truth of the whole 
of one of the charges, contained in the iiid'ctment, 
although the said charge embraced move than one 
fast." 

In answer to this charge, this respondent begs 
leave to submit tlie following facts and observa- 
tions. 

The indictment against James Thompson Callen- 
der, wjiich has been abeady mentioned, and of 
which a copy is exhibited with this answer, con* 
sis'cd of two distinct and separate counts, each of 
which contained twenty distinct and independent 
charges or sets of words. Each of ihrfse sets of 
words was charged as a libel ap^ainst John Adams, 
as president of the United States— and the f.velfih 
charge embraced the following words, «* He (mean- 
ing president Adams) was a •professed aristocrat; 
he proved fa'thful a;id serviceable to the British 
interest," The defence set up was confined to 
this charge, and was rested upon the truth of the 
words. To the other nineteen charges, no de- 
fence of any kind was attempted or spoken of, ex* 
cept such as might arise from the supposed un- 
constitutionality of the sedition law ; which, if 
solid, applied to the twelfth charge as well as to 
the other nineteen. It was to prove the truth of 
these words, that John Taylor, the person men- 
Honed in the article of impeachment now under 
connderatkm, was offered as a witness. It can 
hardly be necessary to remind this honorable ^court» 
that when an indictment for a libel contams several 
distinct charges, founded on a distinct sets of words» 
the party accused, who in such case is called the 
«• travtfscr,** must be convicted, unless he makes a 
sufficient defence against every chairge. His inno- 
cence on oae, does not prove him innocent on the 
others. If the sedition law should be considered as 
anconstitiitumal, the whole indictment, including this 
twelf)ch <^iarge,.mast fall to the ground, whether 
the wbf()^ in. question .were proved to be true or not. 
If the law should be considered as constitutional, 
then the. traverser, wjiether the words in the 
twelfth thaige were proved to be true or not, must 
be convicted on the other nineieen charges, against * 
which no defence was offered. This conviction on 
nineteen charges, would put the traverser as com- 
pletely in the power of the court, by whicl> the a- 
mount of the fine and the term of imnrisoiunent 
were to be fixed, as a conviction upon all the twen- 
ty charges. The imprisonment could not exceed 
two years, nor the fine'be more than two thousantl 
dollars If then this re^>ondent were desh-ous of 
procuring the conviction of the traverser, he was 
sure of Ids object, without rejecting the testimony 
of John Taylor. If his tempertowards the trav- 
erser were so vindictwe, as tonnake him feel anx- 
ious to ob'.ain an opportunity and excuse for inflic- 
ting on him the whole extent of punishment per« 
mitted by the law, still a conviction on nineteen 
charges afforded this opportunity and excuse, as fullv 
as a conviction on twenty chai-ges. One slander 
moie or less, hi such a publication as the «* Prospect 
before Us^^* could surely be of ao moment. To at- 
tain this object, therefore, it was not necessary t© 
reject the testimony of John Ta>lor. 

That the court did not feel this vindictive spirit, 
is cleariy evinced by the rooderarion of the ^nmish* 
ment, #hich actually was inflicted on the traverser, 
after he was convicted of the whole twenty char- 
ges. Instead of two thousand dollars, he was fired 
only two hundred, 'and was sentenced to only nine 
month's imprisonmenr, instead of two years. And 
this respondent avers,that he never felt or expressed 
a wish to go further j but ihajt in this decision, as 
yreW as in every other given in tlie coiu-sc of tlie trial, 
he fuHy and freely concurred with hia colleague, 
judge Griffin. 

As a further proof that his rejection of this testi- 
mony did not proceed iVcjii ariy inipr;>per motive. 



86 



Cbe S^alante* 



For 1805. 



but from a conviftion in his mind that it 
was legally inadmiffiblc, and that it was, 
therefore his duty to rejeft it, he begs 
leave to (late, thst-he intcrlercd, in order to 
prevail on the diftrift attorney to withdraw 
/ his objeflion to thole queflions, and con- 
fen t to their being put; which that officer 
reli\fed to do on the ground *' thai he did 
not feel himfell at liberty to confent to 
fuch a departure from legal prii\ciples." 

Hence appears the utter futility of a 
charge, which attributes to this refpond- 
ent a purpofe as abfurd as it was wicked ; 
and without the flighted proof, imputes to 
the worft motives in him the fame aflion, 
which in his colleague is confidered as free 
from blame. But this' refpondent will 
not content himfelf with (bowing, that his 
conduft in concurring with his colleague 
jn the fcjeSion of John Tavlor's teftimony, 
could not have proceeded from the mo- 
tives afcribed to him ; but he will Oiew that 
this rejeftion, if not ftri^Iy legal and prop- 
er, as he believes and infills that it is, rells 
on legal reafons of fufficient force to fatif- 
fy every mind, that a judge might have 
fincerely confidered it as correct. 

The words ftated as the grdund pf the 
twelfth charge abovemeniioned, are Hated 
in the indiftment as one entire and indi- 
vifible paragraph, conftituting one entire 
offence. This refpondent confidered them 
at the trial, and dill confiders them, as 
conftituting one entire charge, and one en- 
tire offence ; and that they muft be tafcen 
together in order to explain and fupport 
each other. It is clear that no words are 
indiflable as libellous, except fucTx as ex- 
prefsly, or by plain amplication, charj^e 
the pcrfon againft whom they are publifli- 
ed, with fome offence either legal or mor- 
al. To be an • ariftocrat," is not itfelf an 
offence, either legal or moral, even. if it 
were a charge Aifceptible of proof ; nei- 
ther was it an offence either legal or moraf, 
for Mr. Adams to be • faithful and ferv- 
iceable to the Britilh intereft,' unlefs he 
thereby betrayed or endangered the inter- 
effs of his own country ; which does not 
neceffarily "follow, and is not dircftly al- 
ledged in the publication. Thefe two 
phrafes, therefore, taken feparately, charge 
Mr. Adams with no oflcnce of any kind ; 
and, confequenily, c^uld not be indi3a- 
ble as libellous : but taken together, they 
convey the implication that Mr. Adams, 
being an 'ariftocrai,' ihat is, an enemy to 
the republican gnvcrnmcnt of his own 
country, had fubfcivcd the Britifh in- 
terelf, againfl the intereft of his own 
country which would, in his fituation, have 
been an offence both moral and legal j to 
charg^^im whh it was, therefore, libel- 
lous. 

Admitting, therefore, thefe two phrafes 

> to conftitute^one diftiD6t charge, and one 

entire offence, this refpondent qopfid^rs 



and flotes it* to be law, that no juftifica- 
lion which went to part only of the offence, 
could be received. Ihc plea of juffifica- 
tion muft always arrfwcr the whole charge, 
or it is bad on the demurrer ; for this plain 
reafon, that the obje£l of the plea is to 
fhew the party's innocence ; and he can- 
not be innocent, if the accufation againft 
him be fupported in part. Where the 
matter of defence may be given in evi- 
dence, without being formally pleaded, the 
fame rules prevail. This defence muft be 
of the fame nature, and equally complete, 
in one cafe as in the other. The only dif- 
ference is in the manner of bringing it for- 
ward. Evidence, therefore, which goes 
only to juftify the charge in part, cannot 
be received. It is not indeed neceffary, 
that the whole of this evidence ihould be 
bgiven by one witnefs. The juflification 
may confift of feveral fafls, fome of which 
may be proved by one perfon, and fome, 
by another. But proof in fuch cafes, nfuft 
be offered as to the "whole, or it cannot be 
received. 

In the cafe under confideration, no proof 
was offered as to the whole matter contain- 
ed in the twelfth article. No witnefs ex- 
cept the above-mentioned John Taylor, 
was produced or mentioned. When a 
witnefs is offered to a court, and jury, it is 
the right and duty of the court, to^^equirc a 
flatement of the matters intended to be 
proved by him. This is the invariable 
practice of all our courts, and was done 
moft properly by this refpondent and his 
colleague, on the occafion in queftion. 
From the ftatement given by the traver- 
fcr's counfel, of what they expefcled to 
prove by the (aid witnefs, it appeared that 
his teftimony could have no poffible ap- 
plication to any part of the indiftment, 
except the twelfth charge above-mention- 
ed, and but a very weak and imperleft ap- 
plication even to that part. The court, 
therefore, as it was their right and duty, 
requefted that the queftions intended to 
be put to the witnefs, fhould be reduced to 
writing, and fubfriitted to their infpeft- 
ion ; fo as to enable them to judge more^ 
accurately, how far thofe queflions were 
proper ^nd admiffible. This being done, 
the queftions were of the following tenor 
and effeft :— 

iff. •' Did you ever hear Mr. Adams 
exprefsany fentiments favorable to monar- 
chy, or * ariftocracy,*and what they were ?" 
2nd. " Did you ever hear Mr. Adams, 
while Vice-prefident^ cxprefs his difap- 
probation of the funding fyftcm ?*' 

3rd. •* Do you know whether Mr. Ad- 
ams did not, in the year 1794, vote againft 
the fequefiration of Britifh debts, and al- 
fo againft the bill for fufpending ijnter- 
coorfc with Great Britain ?" 

The fecond queftion it is manifeft, haJ 
nothing to do with the twelfth charge ; 



for Mr. Adams' approbation ordifappro* 
bation ot the funding iyftem, could not 
have the moft remote tendency to prove 
that he was an ariftocrat, or had proved 
faithful and ferviccable to the Britifh in-^ 
tereft. In that part of t,hc publication 
which furnifhes the matter of the thir^ 
teenth charge in the indiftment, it is in- 
deed ftated that Mr. Adams, «* when but 
in a fecondary ftation, cenfured'the fund- 
ing fyftera," but thefe words are in them- 
felves wholly immaterial : and no attempt 
was made, nor any evidence offered or 
fpoken of, to prove the truth of the other 
matter contained in the thirteenth charge* 
It was from their connexion with that 
other matter, that thefe words could alone 
derive any imporance ; and confequently 
their truth or falfhood was altogether im* 
material, while that other matter remain- 
ed improved. This queftion, tlicrefore, 
which went folely to thofe immaterial 
words, was clearly inadmiflible. The 
third queftion was, in reality, as far as the 
fecond from any connexion with the mat^ 
in iffue, although its irrelevancy is nol 
quite fo apparent, Mr* Adams having 
voted againft the two meafures alluded to 
in that queftion, it he did in taft vote 
againft them, could by no means prove 
that he was ** faithful and ferviccable to 
the Britifh intereft," in any fenfe, much 
lefs with thofe improper and criminal 
views, with which the publication in quef<v 
tion certainly meant to charge him. He 
might, in the honeft and prudent perform-i 
ance of his duty towards bis government 
and his country, incidentally promote the 
intereft of another country ; but it waa 
by no means competent for a jury to infer 
from thence, that he was ^* faithful" tQ 
that other country, or, in other words, 
that he held the interefts of that other 
country chiefly in view, and was aftuated 
in giving his vote by a defire to promote 
them, independently of, or without regard 
to the interefts of his own country. Such 
an inference could not be made from the 
faft, admitting it to be true. The faft^ 
if true, was no evidence to fupport fuch 
an inference, therelore the faft was im- 
material ; and as it is the prpvince and 
duty ot the court, in fuch circumflances^ 
to decide on the rnateriality of lafts of- 
fered ip evidence, it follows clearly, that 
it was the right and duty of the court ,^ 
in this inftancc, to tcjlR the third qucf 
tion ; an affirmative anfwer to which, 
could have proved nothing in fupport of 
thedefence. 

[to be continued.] ^ 

NoTE....Ahhoiigh this paper furnishes the result 
of the proi€cuti0n ^xid persecution of Judge CHASE, 
still we conceive it to be cur duty to finish the pub- 
lication of his answer. It is a docupient which ev- 
ery reader must feel anxious to peruse. 

Edit. Bal. 



No. 11. 



€i^ 2?alance. 



87 




B« k our weekly task* 
To note the passing tidings of the time». 

>>>>>«G«<<<<<< 

Judge Chase. 

" ACQUITTED... .Z.^t/5 BEO r 
•• After a trial attended with great ex- 
pence, conduQed with afperity and impo- 
tence, on the part of the profecution, and 
vrith candor and ability on the part of the 
detence, this diftinguilhed Patriot, this a- 
. bJe, upright and independent Judge, whofe 
talents and integrity do ^qual honor to his 
country and to himfelf,has been acquitted of 
every charge, that political perfecutioo had 
raifed againfi him ; and by the judgment 
of the Senate ot the United States, fitfing 
as a Court of Impeachment, he is reftored 
to the fervice of his country." P. Reg. 

yudgment in the case oj JUDGE CHASE. 



Jrucles, 

Adams, Ms. 

Anderson, T^ 

Baldwin, G. 

Bayard, D. 

Bradley, Vt. 

Breck'dge, K. 

Brotvn, K. 

Cocke, T. 

Condit,N. J. 

Da}ton, N. J. 

Ellcry, R. L 

Frank'n,N.C. 
• Gaillard, S. C. 

GUes, Va. 

Hillhousc- C. 

Howland,R.I. 

Jackson, G. 

X.ogan, P. 

M-Clay, P. 

Mitchell,N.Y. 
"Moore, Va. 

Olcott, N. H. 

Pickering, Ms. 

Plumer, N H. 

Smith, Mar. 

Sroiih, N. y. 

Smith, Ohio. 

Smith, Ver. 

Stone. N. C. 

Siinjptcr,S.C. 

Tracy, C*nn. 

White, Dti. 

Worth'n, O. 

Wri^t, Mar. 



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Guilty, 


1 16 1 10 I 18 1 18 1 1 4 1 10 1 19 


Not Guilty, 


|a8|24| 16|16|34|30|24|15 



Total GriLTY 95. 

Not Gtjiltt 177. 

It is with no ordinary fatrsfaQionthat we 
announce the acquittal of Judg? Chafe,by 
ifae Senate of the United States^ only eight 



members having voted againft him....an 
acquittal equally honorable to the Judge 
and the Senate. Upon this event wefeh- 
citate the country, that there Is ftil) in our 
Senate rufficiem virtue to didate a decifion 
in conformity with law and equity, though 
oppofed by the loud and malignant clam- 
ours of viudrftive and unpiincipled difor- 
ganizers, both in and out of Congrefs. 
Let Randolph and his fellow-laborers now 
anfwer as they can to the people for the e- 
normous expence to which they have fub- 
jefted the nation, for the gratification of 
their own perfecuting fpirit againft an in- 
nocent and upright Judge.. ..an expence 
probably moie than fufliicient to ranfom all 
our brave coufitrymen who are now fufFer- 
ing the moft abjeQ flavery in the hands of 
Barbarians. [f/. 5. G'azJ\ 

, The Boston Gazette furnishes the following ex- 
tract, which we puMish for the gjratificatien of Mr. 
Allen, tbe^efender of Mr. Jefferson '^yime. 

THE RFXOMPENCE OF FOLLY. 
From JVa/kington, Feb. la. 
••The debate in your, Legiflature has 
excited much converfation here. The 
Prefident inquired of Mr. M*****, who 
the BLOCKHEAD (to ufe his own 
words) was, that had introduced the fub- 
je6\ in the Houfe of Reprefentatives ; and 
obferved, that whether the charges were 
true or falfe, he fliould not condeicend to 
fay, btJt palling through a Legiflative dif- 
cufEon,they acquired an importance which 
they never could have attained, had they 
been confined to the news-papers. Mr. 
M. obfcrved, that had he been at home, 
the bufinefs would have been prevented, 
or differently managed ; and that the- mov- 
er of it was a SLMPLE, SILLY FEL- 
LOW." 

EPITOxME. 

London papers to the 2iflof January, 
received at New-York, furnifli much in- 
terefting intelligence — 

In the fpeech of; the King of England, 
at the opening of the feflion of Parliament, 
the declaration of war by Spain, againft 
England, is announced, and at the fame 
time attributed *• to the unfortunate prev. 
alen,ce of French counfels." His Ma- 
jefty alfo mentions the receipt ot •• a 
communication from the French govern- 
ment, containing profeflions of a pacific 
difpofition." It is dilHcult to calculate 
with any certainty, on the refult of thcfe 
overtures. It is hardly probable that a 
peace can be procured on terms with 
which England will comply. 

The maiden fpeech of his Imperial Maj- 
efly. Napoleon, delivered from the Throne, 
at the opening of the legiflative body, is 
given under the date x>f Paris, Dec. 27. 
In this fpeecbi his majefty makes as many 



I profeffions of patrioufm as if he had been 
Ito fchool <o a democratic American prefix 
pknt. He modcflly takes the credit of ev- 
ery thing that has refalied in favor of 
France, to himfelf, and feems to feel n 
laudable folic>tiide to.livi until hift gr|nd 
objeft is perfefted. 

The addrefles of the Legin4tive Body, 
and the Tribunate, to his majefty, are re- 
markable only lor their unequalled fervility. 
On the 11th Janiiai-y, ttie..Briti(h gov- 
ernment ifl'ued orders for granting letters 
of marque and reprifal againil Spain. 

Aoifjinmenfe number of rich Spanifh 
fhips have been captured by the Englifh, 
finceihe commencement of hofiilities. 



€iie fenell 




At Wilkesharre, on the 10th ult. Col. Ezekiel 
Hyde, aged 33. 

^ In England, at an advanced age, the Hsght Hon. 
JomN Moors, Lord Archbishop of Canterbury, 
Primate of all England. 

In IVederick county, Virginia, Col. Kichar» 
K. M^ADE, formerly Aid-de-camp to General 
WasHinpon. 

In this city, a son of Mr. Christian Sears, aged 
14 years. 

On the 4th inst. afi^r a long and distressing ill- 
ness, in the 6rth year of, his age, Joseph Hamil- 
ton, M D. for several years an eminent Physician 
in this City, and the author of several Medical 
Pamphlets. His remain^ were interred with Ma- 
sonic honors. 

ORDER OF TfiE PROCESSION. 

Visiters, two and two. 

Members, two and two. 

Secretary and Treasurer. 

Junior and Senior Wardens, 

, Past-Masters. 

Sacred Writing*. 

Ma^er, &n|!ported by Jimior and Senior Deacons^ 

with staves. 



\ 



PALL. 



CO 

Q 
u 



BEARERS. 



Mourners, in carriages. 

Citizens in carriages. 

Citizens on horseback. 

Citizens, on fpot. 

The usual funeral ceremories were performed at 

the grave, by the Master. 



(Q* Nq Produce at Market, 



88 



Age S^alance. 



Vol. iV. 




E X T R ACT. 

[The following pkcc of pleasantry, communica- 
ted in a letter from the poet, Cowper, to his 
friend, Joseph Hill, Esq. was desig^ned as a 
satire xipon those «« common law judgments, 
which, while they paid the utmost respect to the 
letter of a statute, have departed widely from the 
spirit of it, and, being governed entirely by the 
pomt of law, liaTe left equity, reason, and com- 
mon sense behind them ^t an infinite distance." 

Ed}L Bal.] 

NOSE, PlainiiJ....EYKS. Defendant. 

Between Nosc and Eyes a sad cootest arose, 
Th^ Spectacles set them unhappily wrong ; 

The point in dispute was, as all the world knows. 
To whiehthe said Spectacles ought to belong. 

So the Tongue wwf the Lawyer, yid aygoed the 
cause [ing* 

With a great deal of skill, anda wi^ full of learn- 
While chief Bacon Ear, sat to balance the laws, 

So fam'd for hh talents at nicely discerning. 

In behalf of the Nose, it will quickly appear. 

And your Lordship, he said, will undoubtedly find 

That the Nose has had Spectacles always in wear. 
Which amounts to poss^Mion, time out of naind. 

Then holding the Spectacles up to the Court, 
Your Lordship observes th^r' are made w^tl^ a 
straddle. 

As wide as the ridge of the Nose is, in shorty 
Design*d to sit close to ^, just like a saddle. 

Again, would your lordship a moment fiq^posp, 
('Tis a case that has happcn'd, and may be again) 
/ That the visage or countenance had not a Nose, 
' Tray who would, or who coul4, wear Spectacles 
then ? 

Qn the whole it appears, and my afguro«nt shows. 
With a reasoning the Court will never condemn, 

That the Spectacles plainly were made for the Nose, 
And the Nose was as plainly intended fof them. 

Then shifting his side as a Lawjei: knows how. 
He pleaded again in behalf of the Eyes j 

Biit what were his arguments few people know, 
For the Court did not think th^iy were equally 
wise* 

So his Lordship decreed, with a grave solemn tpne, 
Decisive and clear, without one if or but. 

That whenever the Nose put his Spectacles on, 
B/ day-light, or candle light — ^E/es should be 
shut 1 



PEDESTRIAN FEAT. 

THE very interefling. match« which 
has been publifhed in mod of the London 
papers as depending, was decided on Fri. 
day, on Iplwich race ground, in which 
Lieut. Fairman, ot the royal LanarkQiire 
militia was to travel on toot ^o miles, in 
14 fucceflive hours. Lieut. Fairman w^s 
drefTed in white calico. He ftarted ej(a3* 
ly at twa o'clock in the morning, a mile 
previoufly meafured on the courfe being 
lighted. The lights were not fufficient to 
render the firft four hours even tolerable 
travelling*- He, however, went 21 miles 
in that time, during which no bets could 
be made. About this time a heavy fog 
came on, which laded till near nooo ; he 
had then been 46 n^iles, having refreftfed 
twice — ftill no betting. 

His fpirits were good all the while, and 
the intereil the numerous fpedators took 
in his b^halt, aniipated him extremely^ — he 
continued going at about 4^ miles an hour 
til! three quarters pad one, and then be 
flacked his pace to about 4 miles an hour, 
and the iyio or three miles took him each 
17 minutes. He |ini(hed the didanceat 
33 minutes pad three in the afternoon, be- 
ing 27 minutes leds than the limited time; 
Forty-five minutes were expended in re- 
trefliing him Tel f at a cottage, whither he 
went fiv^ times, whiph lengthened his walk 
fl j9 yards. This match, we are informed, 
was tor 300 guineas facb, and bets to the 
amount of ipo giiineas. [^Lond. pcf.^ 

AJlriking injlance qf Lo>ngevUy^ 

IN days of yore, a gentleman travellii^ 
through the Highlands of Scotland, hap- 
pened to fall in with a man who appeared 
to be abput eighty years of age, weeping 
bitterly ; On eoqpiring the reafpn, the old 
man informed him that his father had jud 
been whipping him — ihe gentlerpan-s cu- 
riofity led him to. vifit their cottj(ge, where 
he faw the father ; and on o^podulating 
with him on his cruehy in ufing thus his 
fon, was told that i\\t young rafcal had been 
throwing dones a^ his grandfather, who 
was at work ID the garden. 

THE late Dr. Leiand. Fctloiyol Trini- 
ty College, Dublin, chanced one day, at a 
commencement in that Univerfity, to put 
a few queflions to a younjr man of very 
moderate capacity. The Dot>orafked him 
his name — •* Scarlet^ Sir," anfwered the 
trembling candidate.-^" It may be fo," 
faid the Do6lor, «* and yet you are not deep 
read:' 

WHEN Counfellor Coflello vas told 
that Dr. Johnfon and Mr. Sheridan, au- 
thor of the l^ronouncjng DiQionary, and 



father of Richard Brinfley Sheridan, were 
penfioned, be obferved, that it was a curi* 
ous age, wlien one man receivedihreeluio* 
dred a^year for inveniing kardw^rdi, and 
another two hundred a-year for teaching 
QS horn to pranaunce theme 

From the Philad. Daily Adwertifer. 

CORNS, 

ALWAYS willing togiveany infortn^* 
tion condttcive to the melioration of my 
fellow fufier^rs^ I humbly t^der the fol*. 
lowing receipt fpr eradicating the mod in- 
veterate corns. 

Take a little unwrought cotton, lay it on 
the part afTefted — wear it for a week or two, 
and you will find iri an unaccountable man.- 
ner the corn will be diflodged, and nothing 
left to Qonjole the proprietary but the cok. 

I bad been hpgely affli&ed for a confid« 
erable time, with a concomitant of this 
kind, and finally was obliged to wear an 
old fhoe, put down at the heel, to my great 
mortification 9nd peril at this inclanent 
feafbn — wa^ advited to the above dated rem^ 
edy, and am very h^ppy to find, after 
wearing the cottpn for ten days, the corii 
was completely gone, ^nd pleafed myfelf 
with the confolatory idea of to- morrow 
puttii^g 00 my *' ^ennet's roiyal bed," and 
*• Bedford's up tp the knees." 

/ ^ JACOBUS. 

.M, 1 ■• ^ ■'!-'•■■'■ ^ ^" '^ ' 3 
TERMS OF THE BALANCE. 

FOR 1805. 

To City Sobtcribers, T^o PoUars and Fifty 
C^ts, payable ^uart^y. 

To tbotf iwho»receive them ^y mail, Two D^t 
Urs, payabk in ^vance. 

To tbose who taKe th^ pifpers at tht ofEce, in 
bundles, or otherwise, ^ d^\^ciion from the city 
prip^ will be ma^e. 

A handsomf Title Page and Table of Contenit 
wi^ accompany ^be la^ nnmber of tha volume. 

Advertisements inserted in a handsome and con^ 
tpicqous manner, in the Mlxertitfr which accompa- 
luea the Ba^iUKp 

N O T 5* 

« The first si^lid and third Volumes of the Balancf 
may be had on the follow ipg terpis •— 

Fir9^ Volume — un^ound^^ - g 2 

Second Voiume, 7 - g 3, 50 

7 kkd Volume^ . - - g 2. 5Q 

7 be thru tcgetker, • - - g 6, 

If bound, the price of binding (cither plain or eJ- 
egant) yrijl be 2uided.-7-An unbound volume may h^ 
sent to any post-office in the state for 52 cents post- 
age t or to any post-office in the union for 78 cents 



«fic; 



rrr^u -w- 



PUBLUKSD BT 

HARRY CROSWELL, 

Warren-Street, Hudson. 

W0^B fUlJfTYKG IN CZVBSAL IB AacSCVni^ 
VilJn MBATHESS AND AOCUflAOYf 



No. 12. 



COLUMBIAN 




Voi. IV. 



REPOSITORY. 



" HAIL SACRBD POLlTY, BY FREEDOM REAVd f 

" HAIL 8ACRED FREEDOM, WHEN BY LAW RESTRAINED !*' 

^ BBATTZB. 



HUDSON. (New. York) TUESDAY, March 19, 1805. 



aHtttoclail 

TO ThFpEOPLE. 
JUDGE CHASE. 

O abler hands belongs the tafk 
of treating as k ought to be treated, that 
mll-important tranfaftion, which to a far 
greater degree 'than any thing elfe that has 
occurred fince the adoption of the conili- 
tution, has interefted ^nd agitated your 
minds.. ..the impeachment, trial, and ac- 
quittal of J'jdge Chafe. — The motives 
which led to this perfecution — the manner 
in which it was condu£led, and its finsil i/- 
j^, are all fubjefts demanding for their 
dircuffion, talents (uperior to thofe we 
profefs to pofTefs. Compared to the mag- 
nitade of thefe fubjefts, we tee! even Ie(s 
iban crickets at the foot of a tower. We 
therefore " humble ourlelves before thjp 
undertaking,** and beg leave to offer a few 
remarks. 

It cannot be denied, that yonr honoi^, 
your dignity, your rights, and your liber-i 
ties, were all involved in the fate of Judge 
Chafe. Had the defigns of his enemies^ 
and yotjr enemies been crowned with 
facccfs, the laft barrier agatnft the intro- 
dufiion of the word ot tyranny, (an un- 
reilrained democracy) would have been 
defiroyed. Your greateft men and your 
be* patriots would have been fuccellively 
hunted down ; and at length the only dread- 
ful alternative would have remained, of 
eiiher yielding to oppreflion, or of feeking 
redrefs in ih^laji refort o\ an injured 
people. On this occafion, then, let your 
party feelings be flifled. Let no voice, but 



the voice ol patriotifm be heard. Let 
the honeft and candid of all parties joint 
in mutual congratulations for their happy 
deliverance from impending ruin. And, 
henceforth, remember, that if you hope 
for the fecurity of your freedom, your 
property and your lives, you are to look 
for it, not in the illufory pretenfions of a 
popularity.hunting chiet-magiftrate, nor 
in the frothy rant of a noify demagogue ; 
but in the honefty and found difcretion of 
your Senate, and in the undeviating integ- 
rity,^ the independence, and the unbending 
firmitefs of your judiciary. 

Had the trial of Judge Chafe termina- 
ted in his condemnation, his perfecutors, 
with more pHaufibility, but with not an at- 
om the more truth, might have plumed 
themfelves on the purity of their motives. 
But the refult makes us fufpicious, that the 
motive and theraeafure were equally wick- 
ed w 

Judge Chafe was appointed to office by 
the Walhington adminiftration. He is a 
firm, inflexible friend to the conftitution ; 
and an honeft and independent judge. It 
's not, therefore, furprizing, that he fhould 
be hated by thofe who loved not Wafhing. 
t«n — who are daily attempting to deftrby 
the conftitution piecemeal-^and who, as if 
by inftinft, tremble at the very name of 
an uprig^it judge. 

Judge Chafe prefidcd at the court where 
Callender was tried, convifled and pun- 
ifhed for writing and publlfhing one of the 
moft flagrant and abominable libels againft 
Wiifhington and Adams, and the moft 
outrageous written attack on the conftitu- 
*ion, that has ever difgraced the Atnerican 
prefs. It is not furprizing, then, that the 
man who encouraged that Callender, ky 



familiar letters and by large fums of mo- 
ney, to publiih that libel, ibouid feel in* 
imical to the judge who prefided at bis tri- 
al : Nor is it furprizing tiat the fame 
hand which was extended to cherifh the 
criminal, and remit bis fine, ibouid be 
ftretched forth to bear down and crufli the 
judge who inflifled it. 

Judge Chafe alfo prefided attbe trial of 
the infurgent. Fries, who was convi£bd 
of treafonand condemned to death. Thofe 
who contend for " the holy right of infur- 
rcSion,** will find it difficult to forgive 
him for this aft of oppreifion. That th« 
perfecutors of the judge are among this 
aun!iber will appear from their having rai- 
fed to one of thehigheft ports in the gov- 
ernment, a man who was one of the earli* 
eft fomentors of the infurre£lion in which 
Fries was engaged. 

All or either of thefe circumfiaaces 
might have been fufficient and more thaa 
fufficieot, to have induced Jefferfon, Ran- 
dolph, and others, to wifh for the im- 
peachment and removal of Judge Chafe, 
But from what tranfpir^d in congrefs after 
the acquittal, we are led to believe that 
thepromoteisof the profecution were ur- 
ged to themeafure by fomething worfe than 
mere perfonal hatred towards the judge. 
Randolph, after being defeated in his pro- 
je£l of impeachment, immediately propo« 
fed an alteration of the conftitution, to 
give to the prefident the power of remo- 
ving the judges, on being addrelTed by 
two thirds of both houfes of Congrefs* 
Nicholfon propofed another alteration, giv* 
ing 10 the ftate legiflatures the power of re- 
calling their (enators whenever they pleafe. 
Hence it is evident, that the main obje£fc 
of thefe men, is to get rid of the prefent 



90 



®&e 25alance* 



For 1805. 



judges of the Supreme Court — -ihat they 
may fill their places with men more Tub* 
lervient to the will of the party now in 
power. This being done, Congrefs might 
pafs unconftitutional laws, or in any other 
way opprefs the i^eaker party, fearlefs ot 
the check which the framers o\ the conftt- 
tution intended the judiciary Ihould fur. 
nifli. Mr. Jefferfon, in rueful moocf, h^as 
faid of the judges and other officers, ^*Jew 
die — none refign,** He, therefore, fent 
forth his ** littLe David, with his fling and 
Aones/' to bring them to the ground. 
[to be continued.] 

£We hid tlmost forgotten to mention, that Mr. 
Jefferson is again elected President, and Mr« 
Clinton, Vice-President ; indeed we might not 
have thoaght of it now, had we not discover- 
ed in the papers, the subjoined inaugorlU speech 
said to have be«n delivered, &c. £dit. Bal.] 

WASIhINGTON, MARCH 4, 1805. 

This day, at twelve o'clock, THOMAS 
JEFFERSON, Prejident of the United 
States^ took the oath of office, and de- 
livered ike following Inaugural Speech 
in the Senate Chamber, in the prefence 
of the two Houfes, and a large con- 
courfe of citizens. 



Speecj^ 



JL ROCEEDING, fellow, citizens, 
to that qualification which the conflitution 
requires before my entrance on the charge 
again conterred on me, it is my duty to 
exprefs the deep fenfe I entertain of this 
new proof of confidence from nty fellow- 
citizens at large, and the zeal with which' 
it infpires me fo to condu6l myfelf as may 
bed fatisly their juft expeflations. 

On taking this (lation on a former oc- 
cafion, I declared the principles on which 
I believed it rov duty toadminifier the af- 
fairs of our commonwealth. My con- 
fcicncc tells me, that I have, on every 
occaGon, a£led up to that declai^atton, ac- 
cording to its obvious import, and to the 
underfhnding of every candid mind. 

In the tratifafiion o\ your foreign af. 
fairs, we have endeavored to cultivate the 
friend (hip of all nations, and efpecially of 
thofewith which we have the moft im- 
portant relations. We have done them 
juftice on all occafions, favored where 
favor was lawful, and cherifhed mutual 
intereits and iotercourfe on lair and equal 
terms. We are firmly convinced, and 
we aft on that convifiion, that with na- 
tions, as wiih individual*, our imerefts. 
foundly calculated, will ever be found 
infeparable from our moral duties. And 
hiftory bears witnefs to the f^ft, that a jufl 
nation is truiled on its word, when re- 1 



coufe is had to armaments and wars to 
bridle others. 

At home, feIlow-citizen«,you beft know 
whether we have done well or ill. The 
fuppreffion ol unneccfTary offices, ot ufe- 
lefs eftabliihments and expences, ena- 
bled us to difcontinue our imernal taxes. 
Thefe, covering our land with officers, 
and opening our doors to their intrufion, 
and already begun that procefs of domi- 
ciliary vexation,^ which^ once entered, is 
fcarcely to be reftrained from reaching 
fucceffively every article of produce and 
of property. If, among thefe taxes, fome 
minor ones fell, which had not been in* 
convenient it was becaufe their amount 
would not have paid the officers' who col- 
lected them, and becaufe, if they had any 
merit, the State authorities might adopt 
them', inftead of others lefs approved. 

The remaining revenue on the con- 
fumption of foreign articles, is paid chiefly 
bythofe who can afford to add' foreign 
luxuries to domeftic comforts. Being 
colleQed on our fea-board and frontiers 
only, and incorporated with the tranf- 
aBions of our mercantile citizens, it may 
be the pleafure and the pride of an Amer- 
ican to afk what farmer, what mechanic, 
what laborer ever fees a tax gatherer in 
the United States ? Thefe contributions 
enable us to fupport the current expen- 
ces of the government, to fulfil <rontra6ls 
with foreign nations, to extinguifh the 
native right of foil within our limits, to 
extend thofe limits, and to apply fuch a 
furplus to our public debts, as places at 
a (hort day their final redemption, and 
that redemption once efiefled, the revenue 
thereby liberated, may be a jufl reparti- 
tion among the States, and a correfpond- 
ent amendment of the conffitution be ap- 
plied, in time of peace, to rivers, canals, 
roads, arts, manufa£lures, education, and 
other great objefts within each State : In 
time of war, if injufiice by ourfelves or 
others muft fometinies produce war, in- 
creafed as the fame revenue will be by in- 
creafed population and confumption, and 
aided by other refources refervcd for that 
crifis, it may meet within the year all the 
expences of the year, without encroaching 
on the rights of future generations, by 
burthening them wich the debts of the 
paff. Wat will then be but a fufpenfion 
ol ufeful works, and a return to the pro- 
grefs of improvement. 

I have faid, fellow-citizens, that the 
income referved had enabled us to extend 
our limits ; but that extenfion may poffi- 
biy pay for itfelf before we are called 
on, and in the mean time may keep down 
the accruing intereft. In all events it 
will replace the advances we (ball have 
made. I know that the acquifition of 
Louiliana has been difapproved by fome 
from a candid apprebeofioa that the ea- 



largementof our territory may endanger 
its union. But who can limit the extent 
to which the federative principle may op. 
erate efltaively ? The larger our aflbci. 
ation the lefs will it be fhaken by local 
paffions. And in any view, is it not bet- 
tertbat tlie oppofHc bank ot the Miflifip. 
pi fhould be fettled by our Owo brethren 
and children, than by firangers of another 
family ? , With which fhall we be moft 
likely to I ive in harmony and friendly io- 
tercourfe ? 

In oiatters of religion I have confidered 
that its free exercife is placed by the con- 
flitution, independent of tfie powers of the 
general government. I have therefore 
undertaken, on no oc cafion, to prefcribe 
the- religious exercife fuited to tt : but. 
h^ve left them, as the conflitution found 
them, under ttie dire£lion and difciplineof 
the State or church authorities, acknowl. 
edged by the feveral religious foqieties. 

The alH>r]ginal inhabitants of thefe 
countries, I have regarded with the com* 
miferation their hiftory infpires. Endow-/ 
ed with the facukiet and the rights of 
men, breathing an ardent love oi liberty 
and independence, and occup>'ing a coun- 
try which left them no defire but to be 
undifturbed, the ffream of overflowing 
population from other regions dire£led 
Itfelf on thefe fhores. Without power to 
divert, or habits to contend again ft it, they 
have been overwhelmed by the current, or 
driven before it. Now reduced within li- 
mits tcfo narrow for the hunter fUue,human- 
ity enjoins us to teach the'm agriculture and 
the domeftic arts ; to encourage them to 
that induftry which alone can enable them 
10 maintain their place in exiftence, and J^ 
prepare them in time for that ftateoffo- 
cieiy, which, to bodily comforts, adds the 
improvement of the mind and morals. 
We have, therefore, liberally furnifhed 
them with the implements of huibandry 
and boufehold ufe : we have placed among 
them ir.ftru^iois in the arts gf firft neceffi- 
ty ; and they arc covered with the aegis of 
the law againft aggrefTors from among 
ourfelves. 

But the endeavors to enlighten llicm on 
the fate which awaits their prefent courfe 
of life, to induce them to exercife their 
reafon, follow its didates, and change their 
poifuitswith the change of cincumftan- 
ces, have powerful obllacles to encoun- 
ter. They are combatted by the habits of 
thtir bodies, prejudices of their minds, ig- 
norance, pride, and the influence of inter- 
efted and crafty individuals among them, 
who feel fhemfelves fomething in the pre- 
fent order of things, and fear to become 
nothing in any other. Thefe perfons in- 
culcate a fanaimonious reverence for the 
cufloms of their anceftors ; that whaifoev- 
er they did muft be done through all time ; 
that rcafon is a f alfe guide, and to advance 



No. 12. 



€!)e 23alance* 



91 



und«r tU coonfel in their phyfical» moral 
or political condition, is perilous tnnova- 
tion ; that their duty is to remain as their 
Creator made them, ignorance being fafe- 
ty, and knowledge foil of danger. In 
ihort^my friemls^among them alfo is feen the 
aflion and counter- aaioiT of good fenfe 
and of bigotry. They too have their an- 
ti-philofophifts, who find an intereft in 
keeping things in their prefent fiate ; who 
dread reformation^ and exert all their fac- 
ulties to maintain the afcendency of habit 
over tbe duty of improving our reafon and 
obeying its mandates. 

In giving the fe outlines, I do not mean, 
fellow-citizens, to arrogate to myfcli the 
merits of the meafures. That is due, in 
the Srft place, to the reflefiing chara3er 
of our citizens at large, who, by the 
weight of public opinion, influence and 
firengthen the pnblic meafnres. It is due 
Co the found difcretion with which they 
fele£l from among themfelves thofe to 
whom they confide the legiflative duties. 
It Is due to the zeal and wifdom of the 
charaQers thus felefied, who lay the foun- 
dations of public happineTs in wholefome 
laws, the execution of which alone re- 
mains for others : and it is due to the 
able and faithful auxilaries, wbofe patriot, 
ifm has aflbciated them witli me in the 
executive funQions. 

During this courfe of adroiniflratioo* 
and in order to difiurb it, the artillery of 
the prefs has been levelled againft. U4, 
charged with whatfoever its licencioufnefs 
could devife or dare. Thefe abufes of an 
inftitution fo important to freedom and 
fcience, arc deeply to be regretted, inal- 
nmch as they tend to leflen ks ufefulnefs, 
and to fap its Tafety. They might, per- 
haps, have been correQ^d by the whole- 
fome punifhments referved to, and provi- 
ded by the laws of the feveral States againfi 
4al(hood and defamation. But public du- 
ties, more urgent, preXs on the time of 
public fervancs, and the offenders have 
therefore been left to find their punifhuaent 
in the public indignation. 

Nor was it uninterefting to the world 
that an experiment (hould be fairly and 
fully made, whether freedom of difcuflBon, 
unaided by power, is not fuflBcieht for the 
propagation and protcftion of truth ? 
Whether a government, conducing itfclf 
in the true fpirit of its conftttution, with 
?eal and purity, and doing no a£l which 
it would be unwilling the whole world 
Qijuld witnefs, can be written down by 
faifhood and defamation. The experi- 
ment has been tried. . You have witneffed 
the fcene. Our fetlow-citizens have 
looked on cool and collefled. They law 
the latent fource from which thefe out- 
rages proceeded. They gathered around 
tJieir public funQionaries : and when tbe 
confiitution called them to the decifion 
by fulTrage, they pronounced their ver- 



di£l ; honorable to thofe who had ferved 
them, and confolatory to the friend of 
man, who believ<*& he may be entrufted 
with tbe control of his own affairs. 

No inference is here intended that the 
laws provided by the States againft falfe 
and defamatory publications (hould not be 
enforced. He who has time. Tenders a 
fervice to public mora!s and public tran- 
quility, in reforming thefe abufes by the 
falutary coercions of (he law. But the 
experiment is noted to prove, that, fincc 
truth and reafon have maintained their 
ground againil talfe opinions in league 
with falfe fads, tlie pieTs confined to 
truth, needs no other legal reftraint. The 
public judgment will corre£l falfe reafon- 
mgs and opinions, on a full hearing of all 
parties, and no other definite line can be 
drawn between the inefiimable* liberty of 
the prefs, and its demoralifing licentiouf- 
nefs. If there be (fill improprieties, 
which this rule would not refirain, its fup- 
plement muft be fought in the cenforfhfp 
of public opinion. 

Contemplating tlie union of ientiment 
now manifefied fo generally, as auguring 
harmony and happinefs to our future 
courfe, I offer to our country fincere con- 
gratulations. — With thofe to<^, not yet 
rallied to the fame point, the difpofition to 
do fo is gaining ftrength, fads are piercing 
through the veil drawn over them ; and 
our doubting brethren will at length fee 
that the mafs of their fellow citizens, with' 
wfiom they cannot yet refolvc to aft, as to 
principlesand meafures, think as they think, 
anddefire what they defire ; that our wifh 
as well as theirs, is that the public efforts 
may be direfted honeflly to the public good, 
that peace be cultivated, civil and religious 
Hberty unaffailed, law and order pre ferved, 
equality of rights maintained, and that 
Rate of property equal or unequal, which 
refults to every man from his own induf- 
try or that of bis lathers* When fati«fied 
of thefe views, it is not in human nature 
that they fhould not approve and fupport 
tfiem ; in the mean time let us cherifh them 
with patient affeftion : let us do them juf- 
tice, and more than juftice, in all competi. 
tions of intereft : and we need not doubt 
tfiat truth, reafon and their own interefts 
will at length prevail, will gather them in- 
to the fold of their country, and will com- 
plete that entire union of opinion, which 
gives to a nation the bleffings of harmony 
and the benefit of all its ftrength. 

I (hall now enter on the duties to which 
my fellow citizens have again called me ; 
and £ha)l proceed in tV.e fpirit ot thofe prin- 
ciples which they have approved, /tear 
not that any motives of intereft may lead 
me aftray : / am fenfible of no pafTion 
which could feduce me. knowingly from 
the path of juftice ; but the weaknefles of 
human nature and the limits of my own 
underflanding will produce errors of judg. 



ment fonjetimes injurious to your interefts, 
I fhall need therefore all the indulgence 
I have heretofore experienced ; the want 
of it will certainly not leflTen withencreaf- 
ing years. I fliall need too the favor of 
that being in whole hands we are, who led 
our fathers, as Ifrael ot old, from their na- 
tive land, and planted them in a country 
flowini^ with all the neceflafies and com- 
forts of life ; wlu)tias covered our inlanc)^ 
with his providence, and our riper years 
with bis wifdom and power ;. and to whofe 
goodnefs I afk you to join with me in fup.* 
plications, that he will fo enlighten the 
minds of your fervants, guide their coun- 
cils and profper their meafures, that what- 
foever they do, (hall refult in your good, 
and (hall fecure to you the peace, (riendfbip 
and approbation a( all nations. 

Th : JEFFERSON. 
March 4, 1805. 

A law has passed our legi^atore, entxtled* Jn act 
to amend an act, entitkdy ** An act for giwn^ relief in 
caMt <^ itiMolventy,** and far other pwrpoett. The ed« 
itor of the Poughkeepsie Journal proposes an altera- 
tiom of the title, to render it more expressive of the 
object of tlie law, thus;...'* An act far prevent tbe 
insolvency of CBjrviKB nevft-jkiper printers,*' The 
reader need only examine the law to be convinced, 
that this alteration would be judicious : for it merely 
^«c# relief to thiee or four starveling democratic pa 
pers. It is ordered, that all the notices of insolvent 
debtors shall be published in Cheetham's A m . Citizen 1 
and that the laws of the state shall be published in 
the Citizen (N.Y.}....the Plebeian (King8ton)....Co. 
lumbian Gazette (Utica)....and Washington Regis- 
ter.(Salem)....at the price of two hundred doUarg 
each, per#nmxm. It' our legislature had no other 
object in view, than to give the most needx of their 
printers a .good job, the^ have judged well : But if 
they intended to publish the laws for the iofonna« 
tion of the people, they have judged iU, in designa'* - 
ting the above-mentioned papers, as we are infor- 
med their circulation is extremely limited. 

That our federal readers may not be compiled t# 
search democratic;papers for the laws, we propose to 
republish those of a genetid nature in the Balance. 

The following anecdote is communicated in a 
letter from Washington, under date of Sunday^ 
Marjc^h 3, to Mr. Rel|; Editor of the Philaddphifi 
G.'vzette {— ' 

«« This morning Granger was in the House, and 
J. Randolph came to h;ni, tapped him on the shoul-' 
der and addressed him nearly thus : — In your letter 
to Congress you say, that you have a respect for 
Congress vibile sitUog. I shall leave town at three 
o'clock to morrow .-—-Some time after, between 1 
Sc 2 o'clock.while Granger was relating this circum- 
stance to two gentlemen, a little distance from the 
door of the Setuire^ up came Randolph again, and 
thus addressed Granger .-—Perhaps, sir, I made a 
mistake when I last spoke to you ; I meant, tbat I 
shall leave town at 3 o'clock to-morrow evening.-^ 
He bpwed,and walked off. — Granger said nothing, 
but laughed. Generally speaking, men who have 
materially lost their reputation, wish to recoter it 
by duels." 



92 



Age ^Mtu 



Vol. IV, 



wmm 



In the Senate of the United States, 

SITTING AS A 

High Court of In^peachmcnt, 

ON THE 
Tounkday of February* ^' -D- 1805. 

USXTBD »TATK8 «f. SAMVBL CHASB. 

TA^ anfwer, andpleas o/Samvzl Chase, 
one of the AJjociate JuJHces of the Su- 
fireme Court of the united States^ to 

■ the articles of impeaehtnenl^ exhibited 
againji him in the f aid Courts by the 
honorable^ the Houfe of Reprefentatives 
of the United States^ in fufport of their 
tmpeachment, againji hxm^ for high 
crimes and mijaemeanors^ f^ppofed to 
have been by him committed. 

[CONTINUEB.] 

THE firft queftion, therefore, and the 
only remaining one propofed to be put to 
this, witnefs, fiood alone, and an affirma- 
tive anfwer to iu if it could have proved 
any thing, could have proved only a part 
ot thq change ; namely, that Mr. Adams 
vas an ariilocrat. But evidence to prove 
a part only of an entire and indivifihle 
V charge, was inadmiffible tor the reafons 
flated above. 

If on the other hand, the phrafet in quef- 
txpn, ** that Mr. Adams was an arifiocxat,'* 
that *• he had proved faithful and fervicea- 
ble to the Britifh intereft," were diilinft 
and divifiblCy and confiituted two dif- 
tinfi charges, which may perhaps b<^ the 
proper Vay^of confidering thera, ftill the 
above mentioned queftions were improp- 
er and inadmiilible, in that point of view. 

The firft charge in that cafi^^s, that 
Mr. Adams " was an ariftocrat," To be 
an ariilocrat, even if any precife and defi" 
nite meaning could be affixed to the term, 
is not an oScnce either legal or moral ; 
confequently, to charge a man with being 
an ariftocrat is not a libel ; and fucha charge 
]Q an indiflment for a libel, is wholly im- 
material. Nothing is more clear, than that 
immaterial matters in legal proceedings 
ought not to be proved, and need not be 
diJproved. In the next place, the term 
•VaiiftocratV is oncof thofc vague indefi- 
nite terms, which admit not of precife 
meaning, and are pot fufceptible of proof; 
What one perfon might confider as arifioc- 
racy, another would confider as repuhli- 
canifm, and a third as democracy. If in- 
di£lments could be fupported on fuch 
grounds, the guilt or innocence ot the par* 
ty accuied, muft be meafured not by any 
fixed or known rule, but by the opinions 
which the jurors appointed to try him 
might t)appen to entertain, concerning the 
nature of^ariftocracy democracy or repub- 
icanifm. And, laflly, the queftion itfelf 
was at vague, and 9$ void of precife 



meaning, as the charge ot %vfaich it was in- 
tended to fuinift the proof. The witncfs 
was called upon ta declare ** whether he 
had heard Mr. Adams exprefs aoy and 
what opinions, favorable to arifloccacy or 
monarchy?" How was it to be determin* 
ed, whether an opinion was favorable to 
ariftocracy or monarchy ? One man would 
think it favorable and another not fo, ac- 
cording to the opinions which ihty might 
refpefltully entertain, on political fubjeSs. 
The firft queftion, therefore, was iocon- 
clufive, immaterial and inadmiffibie. 

The fecond, as has been already remark* 
ed, was wholly and manifeftly foreign 
from the matter in iflue, Mr. Adams's 
^diflike of the funding iyftem, if he did in 
fa6l; diQike it, had nothing to do wi(h his 
ariftocracy or bis faiihiulnefs to the BritiA 
iniereft. There is no pretence for faying, 
[ that fuch a queftion ought to liave been ad- 
mitted. 

As to the third, ** whether Mr. Adams 
had not voted againft the fequeftraiton of 
Britifh property, and the fufpenfion otcom* 
mercial intercourfe with Great Britain,*' 
it has already been fliown to b^ altogether 
improper ; on the ground that Inch votes, 
if given by Mr. Adams, were no evidence 
whatever of his having been •• faithlul and 
ferviceable to the Briulh intereft." If he 
had been fo, provided it were, in his o- 
pinion, at the fame time ufeful to the inter- 
efts of his own country, which it well 
might be, and the contrary of which is not 
alledged by this part of the publication, ta- 
ken feparately, it was no offence of any 
kind ; and to charge him with it, was not 
} a libel. The charge was, therefore, imma. 
terial and fntile, and no evidence, for or a- 
gainft it, could properly be received. And, 
finally, if the charge had been material^«and 
the giving of thefe votes had been legal ev- 
idence to prove it, that faft was on record 
in the journals of the Senate, and might 
have been proved by that record, or an of- 
ficial copy of it. As this evidence was 
the higbeft of which the cafe admitted, no 
inferior evidence of it, fuch as oral proof 
is well known to be, could be admitted. 

For thefe reafons this refpondent did 
concur with his colleague, the faid Cyrus 
Griffin, in rej<:6f ing tKe three above men- 
tioncd queftions ; but notany other tefti- 
mony that the faid John Taylor, might 
have been able to give. In this he infifts 
that he a£led legally and properly, accor- 
ding to the beft of bis ability. If he erred, 
it is impoffible, for the reafons ftated in 
the beginning of liis anfwer to this article, 
to fuppofe that he erred wilfully ; fince 
he could have had no poffible motive for a 
piece of mifcondu6l fo fhameful, and at 
the fame time fo well calculated to give of- 
fence. In a point fo liable to mifapre- 
henfion aad mifreprefentation, andfo like- 
ly to be ufed as a means of exciting public 
odium againft hioiy it is far more probable. 



that had he been capable of bending his <^ 
pinion ot the'Iaw to other motives, he would 
have admitted ii legal teftimony;wbichtakenr 
in its utmoftefie^, could have no r.endencv 
to thwart tboh plans, of vengeance againft 
the traverfer, under the influence of which 
he is fuppofed to have a£led. 

If this error was an honeft one, which 
as his colleague alfo fell into it; might \n 
charity be fuppofed; as there is not a 
fhadaw of evidence to the contrary, mufl 
in law be prefumed ; fie cannot, ior com« 
miuing it, be convi6led of any offence, 
much lefs a high crime and roifdemeanor, 
for which he muft, on convi6lion be, de- 
prived of his office. 

And ior plea to the faid third article of 
impeachment, the faid Samuel Chafe faith, ^ 
that he is not guilty of any high crime or 
mifdemeanor^ as in and by the faid third ar. 
ticle is alledged againftliim : & this he praya 
may be inquired of by this honorable court 
in fuch manner as law and jufiice (halt 
fcem toifiem to require. 

The fourth article of i rn peach ment al- 
ledges, thatduring the whole courfe of the 
trial of James Thompfon Callender,above- 
mentioned, the cpndu^t of this refpondent 
was marked by ' maniieft injuftice,paruaiity 
& intern perance;'and five particular inftan« 
CCS of the •♦ injuftice, partiality, and interna 
perance" are adduced. 

The firft confifts, •* in compelling the 
prifoner's counfelto reduce to writing and 
fubmit to. the infpe^ion of the court, for 
iheir admiifion or rejefcfion, all queftion* 
which the faid counfel meant to propound 
lo the abovementioned John Taylor, the 
witnefs." 

This refpondent, in anfwer to this pan 
of the article now under confideration, ad. 
mits that the court, confifting of himfelt 
and the abovementioned Cyru*s Griffin, did 
require the counfel for the traverler, on 
the trial of James Thompfon Callender, a- 
bovementioncd, to reduce to writing the 
queftions which they intended to put to the 
faid witnefs. But be denies that it is more 
his a£l than the a3 of his colleague, who 
fully concurred in this meafure. The 
meafure, as he ^piehends and infifts, wai 
ftriftly legal and proper ; his reafons for 
adopting it, and he prefumes thofe of his 
colleague, he will fubmii to this honorable 
court, in order to fhow that if he, in com- 
mon with his colleague, committed an er- 
ror, it was an error into which the beft and 
wifeft of men might have honeflly fallen. 

It will not be denied, and cannot be 
doubted, that according to our laws, evi- 
dervce, whether oral or written, may bere- 
jcfted and prevented from going before the 
jury, on various grounds. — ift. For in- 
competenty : where the foUTce from which 
the evidence is attempted to be drawn, is 
an improper fource : as if a witnefs were 
to be called, who was infamous, or inte. 
refted in the event of the fuit ; or a paper 



No. 12. 



€&e S^alante. 



9 






■kould be offered in evidence, which was not be- 
tween the same pmrties, or was not executed in the 
forms prescribed by law. 2d. For irrelevancy : 
when ^ evideace offered is not such, as in law will 
w >i ' ia nt the jvn-y to infer x)it fact intended to be pro- 
ved { CfT where that fact, if proved, is immaterial 
to the issue. For these reasons, and perhaps for 
others which might be 9pecified,evidence may prop- 
erty be rejected, in trials before our courts. 

As little can it" b4 doubted, that according to btir 
laws, thesourt aad not the jur}', is the proper tri- 
bonal for deciding all quest ions relative to the admis- 
aibility of evidence. The effect of the evidence, when 
leceived, is to be judged otby the jury; but wheth- 
er it ought to be received, must be determined by 
the eourt. This arises from^the very constitution 
of the trial by jury ; one fundamental principle of 
"Which is, that the jury must dt:cide the ca:>e, not 
according to the vague notious, secret impressiolis, 
or general bePief, but according to legal and nroper 
evidence, delivered in coiirt. So stricdy is this rule 
observed, that if one juror have any knowledge of 
the matter in dispute, it may influence his own 
Judgment, but not that of his fellow jurori, unless 
he state it to them on oath in open court ; and noth- 
ing is more common than fwr our courts, after all 
the evidence which the party can produce has been 
offered and received, to tell the jury that there is no 
evidence to support the claim or the defence ; or 
when proof is offered of a certain fact, to deter- 
mine that suchi^act is not propef to be given in evi- 
dence. 

Hence it results, and is every day's practice, that 
when a witness is produced, or a writing is offered 
m evidence, the opposite party having aright to ob- 
ject to the evidence, if he shoiJd think it improper, 
requires to be linormed what the witness is to prove, 
otto see the wriung, before the first is examined, 
0r the secondis read to the jury. The court has the 
same nght, resulting necessarily from its power 
te decide all questions relative to the admissibility of 
evidence. This righr our courts are in the constant 
habit of exercising ; not only when objections are 
made by the parties, but when there being no ob- 
jection, the court itself has reason to suspect that 
the testimony is improper. In most cases, bttt not 
in all, consent by the opposite party removes all ob- 
jections to the admissibility of evidence, and courts 
sometimes infer consent from silence ; but as it 
is tkeir duty to take care that no improper or illegal 
evidence goes to the jury, unless the objection to 
it be removed by consem of parties ; it is conse- 
quently their duty, in all cases where ihey see rea- 
son to suspect that the evidence o0ered is improper, 
to ascertain whether consent has been given, or 
whether the seeming acquiescence of the opposite 
party has proceeded from inattention. This is more 
particularly their duty in crimtmz/ cases wliere they 
mn bound to be counsel for the government, as well 
as for the party accused. 

It being thus the right and duty of a court before 
which a trial takes place, to inform itself of the na- 
ture of the evidence offered, so as to be able to judge 
whether such evidence be proper, it results necessa- 
rily that they have a right to require, that any ques- 
tion intended to be put to a witness should be redu- 
ced to writmg.for that is the form in which their de* 
liberation upon it may be most perfect, and their 
judgment will be most likely to be correct. In the 
case now under consideration, the court did exej^ise 
this right. When the testimony of John Taylor 
was offered, the court enquired of the traverser's 
counsel, what that testimony was to prove. The 
statement of his testimo^^iy given in answer, induced 
the court to sUspect that it was irrelevant and baud- 
raissible— They therefore, that they might have an 
opifortunhy for more careful and accurate consider- 
ation, called upon the counsel to state in writing, 
the quesuons intended to be put to the witness. 

This is the act done by the court, but concurred 
in by the respondent, which has been selected and 
adduced, as one of the proofs and instances of 
«« manifest injustice, partiality, and intemperance" 
on his part. He owes an apology to this honorable 
court, tor having occupied so much of its time with 
the refutatioa of a oharge which has no claim to 
ftc^iu coo&idenition, except whftt it dcrivcA from 



the respect due to the honorable body by which it 
was made, and the high character of the court 
where it is preferred. 

The next circumstance stated by the article now 
under consideration, as an instance and proof of 
«' manifest injustice, parti:ility, and intemperance" 
in this respondent, is h*is refusal to postpone the tri- 
al of the said James Tliompson Callender," although 
an affidavit was regularly Aled, stating the absenee 
of material witnecs on behalf of the accused, and 
although it was manifest that with the utmost dili- 
gence the attendance of such wimess could not have 
been procured at tliai term." 

This respondent, in answer to this part of the 
charge, admiu, that in the above mentioned trial, 
the traverser's counsel did move the court, while 
this lespondent sat in it alone, for a continuance of 
the case until the next term ; not merely a postpone- 
ment of the trial, as the expression used in this 
part of the article would seem to import ; and did 
Ale as the ground work of tlieir motion, an ailidavit 
ot the traverser, a true and oflicial copy of which 
marked exhibit No 5, this respondent herewuh ex- 
hibits, and begs leave to make part of this answer, 
but he denies that any sufficient ground for a contin- 
ance until the next te. m, was dibclosed by this aili- 
davit } as he trusts will clearly appear from the fol- 
lowing fticts and observations. 

The' trial of an indictment at the term when it is 
found by the grand jury, is a matter of course, 
which the prosecutor can claim as a right, unless le- 
gal cause can be shewn for a continuance. The pros- 
ecutor may consent to a continuance, but if he 
withholds his consent, the court cannot grant a con- 
tinuance without a legal cause* Of the sulBcien- 
cy and legality of this cause, as of every other 
question ot law, the court must judge : but it must 
decide on this as on every other point, according to 
the fixed and known rules of law. 

One of the legal grounds, and the principal one 
on which such a continuance may be granted, is the 
absence of competent and material witnesses, whom i 
the party cannot produce at the present term, but 
has a nasonabU ground for expecting to be able to 
produce at ihe next term. Analogous to this, is the 
inability to procure at the present term, legal and 
material written testimony, which the party has a 
rtatwable expeaation of being able to procure at the 
next term. 

I'hese rules are as reasonable and just in them- 
selves, as they are essential to the due admi .istra- 
tion of justice, to the punishment of offences on the 
one hand, and to the protection of innocence on the 
other. If the continuance of a cause, on the applica- 
tion of the party accused, were a matter of right,it is 
manifest that no indxtment would be brought to trial 
until after a delay of many months. If, on the 
o|hcr hand, the granting of a continuance depended 
not on fixed rules, but on the arbitrary will of the 
court, it would follow that weakness or partiality 
might induce a court, on sr.me occasions, to extend 
a very improper indulgence to the party accused ; 
while on others, passion or prejudice might deprive 
him of the necessary means, of making his defence. 
Hence the necessity of fixed rules, which the judg- 
es are bound to expound andappl), under the sol- 
emn sanction of their oath of oiBce. 

The true and only reason for granting a continu- 
ance is that the party accused may have the best op- 
portunity that the laws can afford to him, of naak- 
ing his defence. But incompetent ayd immaterial 
wimesses, could not be examined if they were pre- 
sent ; and consequently, their absenee can deprive 
the party of no opportunity which the laws afford to 
liim, of making his defence. Hence the rule, -that 
the witness must be competent and material. 

Public justice will not permit the trial of offenders 
to be delayed, on light and unfounded pretences. 
To wait for testimony which the party really wish- 
ed for, but did not expect to be able to produce with- 
in some definite period, would certainly be a very 
light pretence ; and to make him the judge, how 
far there was reasonable expectation of obtaining 
the testimony within the proper time, would put it 
in his power to delay the trial, on the most uufoun- 
' ded pretences. Hence the rule, that there must be 
reasonable ^und of expectation, in the jud^uKnt 



• of the court, that the testimony may be obtained 
withm the prej>er time 

I It is thercfi)re a icuicd and most necessary rule, 
that every application ffr a tc ntiuuance, ^n the 
giound of cbtaifiing testimony, must be sup{>cried 
by an ailidavit, disclosing i.uf£cifcmji.aiter to satis- 
fy the court, that the teslmior,) wattitd ** is com- 

^ petcnt and material," and that ihere is •* reasonable 

j expectation of |;rccuring it wiihin the tnne I4escn« 
bed" Frt-.m a comparison of tlie affidavit in ques- 
tion with the indiciment, it will soon appear how 
far the traverser in this case, brought himself with- 
in this rule. 

1 he absent witnesses mentioned in the aiBdavit^ 
are William Gardner, of Portsmouth, in N. Hamp- 
shire ; Tench Coxe, of Philadelphia, in Pcnnsylva* 
nia ; Judge Bee, of some place in South Carolina ) 
Timothy Pickering lately of Philadelphia, in Penn- 
sylvania, but at what place at that time, the depo- 
nent did not know ; William B. Giles, o£ Amelia 
county, in the state of Virginia; Stephens Thomp- 
son Mason, whose place of residence is not men- 
tioned in the alBdavir, but was kno^^'n to be in I. ou- 
don county, in the stale cf Virginia ; ai:d General 
Blackburn, of Ba;h county, in the said siaie. The 
affidavit also states, that the traverser wished to 
procure, as material to his defence, authentic cop* 
les of certain answers made by the Prciidcnt of the 
United States, Mr. Adams, to addresses from vari- 
ous persons ; and also, a book entitled " an Essay oa 
Cannon and Feudal Law,'* or entitled in words t0 
that pur fort, whicli was ascribeil to the President^ 
atid which the traverser believed to have been writ- 
ten by him ; and also, evidence to prov€ that the 
l*resident was in fact, the author of that book. 

It is not stated, that the traverser had any reason- 
able groimd to expect, or did expect, to procure this 
book or evidence, or the:ie authentic copies, or the 
attendance of any one of these witnesses, at the 
nex$ term. Nor does he attempt to shew in what 
manner the book, or the copies of answers to ad- 
dreses, were material, so as to enable the court to 
form a judgment on that point. Here then, the af> 
fidavit was clearly defective. His believing the 
book and eopies to be material, was of no weight, 
unless he showed to the court, su£Bcient grounds 
for entertaining the same opinion. Moreover he 
does not state, where he supposes that this book, 
and those authentic copies may te found: so as to 
enable the court to judge, how far a reasonable ex- 
pectation of obt^ning them, might be entettained. 
On the ground of ibis bock awd these copies, there- 
lore, there was no prefencc f r a continuance. As 
to the witnesses, it is roanitest, that, from their 
very distant and dispeued :-i:uation, there existed 
no ground of reasci.able expectation, that their at- 
tendance cotUd be procured at the next term, or at 
any subsequent time Indeed, the idea of postpone- 
ing the tnal of an indictinent, till witnesses could 
be convened at Richmond, from South Carolina 
New Hampshire and the western extremities of 
Virginia, is too chimerical to be seriously en stain- 
ed. Accordingly, the traverser, though in'his affi- 
davit he stated them to be maierial, and declared 
that he could not procure their attendance at tliat 
term, could not venture to declare on oath,' that he 
expected to procure it at the next, or any othei* 
time ; mtx:h less that he had any reasonable ground 
for such expectation. On this ground, therefore, 
the aiBdavit was clearly insufficient; and it was con- 
sequendy the duty of the court to reject such appli- 
cation. 

But the testimony of these witnesses, as stated 
in the affidavit, was wholly immaterial ; and there, 
fore their absence was no ground for a continuance, 
had there been reasonable ground for expecting iheir 
attendance at the next term 

William Gardner and Tench Coxe, were to 
prove, that Mr. Adams had turned them out of of- 
fice, for their political opinions or conduct. This, 
applied to that part of the publication, which con- 
stituted the matter of the third charge m the indict- 
ment, in these words, •• the same system of persecu- 
tion extended all over the continent. Every person 
holding an- office, must either quit it, or think and 
vote exacdy with Mr. Adams'* — ^Judge Bee, was 
to pcgyer that Mr* Adams had advised and requci* 



c. 



€St S^alance* 



For 1805. 



ted him by letter, in the y«ir 1799, to deliver 
Thomas Nath, otherwise called Jonathan Robbins, 
to the British consul in Charleston. This might 
have had some application to the matter of the 
seventh charge ; which alledged that " the hards 
©f Mr. Adams, were reeking with the blood of the 
pdor, friendless, Connecticut sailor." •Umothy 
JPickerifig was to prove, 'that Mr. Adams, while 
president, and while congress was in session, was 
many weeks in possession of important dispatches, 
from the American minister in France, without 
communicating them to congress. This testimony 
was utterly Immaterial ; because, admitting the case ^ 
to be so, Mr. Adams was not bound, in any respect, ! 
to communicate those dispatches to congress, unless ! 
in his discretion, he should think it necessary ; and | 
also, because the fact, if true, had no relation to a- j 
iiy part of the indictment. There are, indeed, 1 
three charges, on which it might at first sight seem 1 
to have some slight bearing. These are the eighth, 
the words furnishing the matter of which are, «• ev- 
ery feature in the administration of Mr. Adams, 
forms a distinct and additional evidence, that he 
was determined at all events to embroil this coimtry 
with France ;" the tourteenth, the words slated in 
which, alledge, that " by sending these ambassadors 
to Paris, Mr. Adams and his British faction, de- 
signed to do nothing but piischief," ^nd the eigh- 
teenth, the manner of which states, «« that in the 
midst of such a scene of profligacy and usury, the 
president persisted as long as he durst, in making his 
utmost efforts for provokmg a Frex^ch war." To no 
other charge in the indictment, had the evidence of 
Timothy Pickering, as stated in the affidavit, the 
remotest afl^nity. Aad surely, it will not be preten- 
ded by any man, who shall compare this evidence 
with the three charges abovementioned, that the 
fact intended to be proved by it, furnished any evi- 
dence proper to go to a jury, in support of either of 
those charges, that « every feature, of his ad- 
ministration, formed a distinct and additional evi- 
idence, of a determination at all events, to embroil 
this country with France," that «< in flen<Ung am- 
bassadors to Paris, he intended nothing but mis- 
chief" that " in the midst of a scene of profligicy 
and u'ury, he persisted, as long as he durst, m ma- 
king his utmost effors for provoking a French war,* 
are charges which cannot be supported or justified, 
by the circumstance of his * keeping in his possession, 
for several weeks, while congress was in session, 
dispatches from the American minister in France, 
without eotnmunicuting them to congress,' which 
he was not bound to do, 8c which it was his duty not 
to do, as if he supposed that the communication, at 
an earlier pe iod, would be injurious to th« public in- 
terest. The testiriiony of W. B. Giles andS. T. Ma- 
son, was to prove, that Mr. Adams had uttered in 
their hearing, certam sentiments favorable to aristo- 
cratic or monarchical principles of Government. 

This had no application except to a part of the 
twelfth chaise : which has been already shewn to 
be wholly immaterial if taken separately, and 
vholl; # capable of a separate justification, if con- 
t ilered ai a part of an entire charge, and, listly, it was 
to be j)roved'b> gentral BlackbumiThat in his answer to 
an address, Mr. Adams avowed,* that there was a 
party i!\ Virginia, which deserved to be humbled in- 
to dust and ashes, before the indignant frowns of 
tjiclr injured, insulted, and offended country." There 
were but two charges in the ipdictment to which 
this fact, if true, had the most distant resemblance. 
1 hcse are the fifteenth and bixteenth, the words 
forming the matter of which, call Mr. Adams *• an 
hoary.headt^ libeller of the govemuoent of Virginia, 
who will all the fury, but without the propriety or 
sviblimity of llQ?Tjer*s Achilles, bawled out to arms, 
then, to arms !" aixt *• who floating on the bladder 
of popularity, threaten#:d to make Richmond the 
centre point of a bonfire." It would be an abuse of 
the patience of this honorable court, to occupy any 
part of its time in proving, that the fact intended to 
be proved by general Blackburn, could not in the 
slightest degree support or justify sfch chai^ges aa 
these. This is the account given of the testijnony of 
the absent uitnepses, by the affidavit filed as the 
ground of the motion for a continuance. From a 
comparison of it with r he indictment, it will appear, 
tk^t ont of twenty chari^es in the iadictmeat, there 



were but eight, to which any part of the testi- 
mony of these witnesses, had the most distant allu- 
sion ; and that of those eight charges there arc five, 
which the testimony,having some allusions to them, 
could not in the slightest degree support. Twelve 
charges therefore, remained without even an attempt 
to justify tkem ; and seventeen were wholly desti- 
tute of any legal or sufficient justification. On these 
seventeen charges, therefore, the traverser must have 
been convicted ; even if the remaining three had been 
completely justified by the testimony of the absent 
witnesses. The conviction of these seventeen char- 
ges, or even one of them, would have put it into the 
power of the court to fine and imprison the travers- 
er, to the whole extent allowed by the law. If the 
truth of tli^se 3 charge&,admittingit to be establish- 
ed could have any effect in mitigating the punish- 
ment, which depended on the coiurtand not on the ju- 
ry, the court in passing sentence might make, and 
in this case, actually did make, the fiiUest abate- 
ment on that account that the testimony if adduced 
would warrant. 

This testimony, therefore, was in every view im- 
material { and had it been material, there existed 
no ground of reaJsonable expectation, that it could be 
obtained at the next term, or at any future term For 
these reasons, and not from those criminal motives, 
which without the least shadow of proof are ascribed 
to him, this respondent did over-rule and reject the 
motion for a coutinusmce till the next term : as it was 
his duty to do, since he had no discretion in the 
case, but was bound by the rules of law. ^ 

But in order to afford every accommodation to the 
traverser and his cotmsel, which it was in his pow- 
er to give, this respondent did ofter to postpone the 
trial for a month or more in order to afford them 
full time for preparation, and for procurmg such 
testhnony as was within their reach. This indul- 
gence they thought proper to refuse. 

On Monday, the second, and Tuesday, the third 
day of June, 1800, when judge Griffin had taken his 
seat in court, and was on the bench, the counsel for 
the traverser, renewed their motion for a continu- 
ance, founded 'on the same affidavit; and af- 
tet a full hearing & consideration of the argument, 
the court, judge Griffin concurring, over-ruled the 
motion, and ordered the trial to proceed. 

If this decision be correct, as he believed and in- 
sists that it is, no offence could be committed by 
him in making or concurring i a it. It was a proper 
and legal j>ertormance of his duty as a judge. If it 
be erroneous, still the error if an honest one, cannot 
be an offence, much less a high crime and misde> 
meanor ; and as in his colU ague it has been consid- 
ered as an honest eriror, he confidently trusts it will 
be considered so in him also. 

To the third charge adduced in support of the 
article now under consideration, the charge of usmg 
*« unusual, rnde, and contemptuous expressions, to- 
wards the prisoner's counsel,'" and cf ♦* falsely insin- 
uating, that they wished to excite the public fears 
and indignation, and to produce that insubordi- 
nation to law, to wliich the corduct of ihis respond- 
ent did manifestly tend." he cannot answer otlier- 
wisc tlian by a gcneml denial. A chage so vague, 
admits not of prrc!>c or pariicular refutation- He 
denies that there wu', any thing unusual or intention- 
ally rudeor conten^i'tuous in his conduct or his ex- 
pressions towards the prisoner's counsel i that he 
made any false insinnution, whatever against them, 
or that his own conduct tended in any manner to 
produce insubordination to law. On the contrary, 
It was his wish and intention, to treat the counsel 
with the respect due to iheir situations and functions, 
and with the decorum due to his own character. He 
thouglit it his duty to restrain su^rh of their attempts 
as he considered improper, and to over-rule motions 
made by them, which he considered as unfounded in 
law, but this it was his wi*ih to accomplish in the 
manner least likely to offend, from which every con- 
sideration concurred in dissuading him. He did in- 
deed think at that time, and Still remaii^^lTnderthe 
impression, that the conduct of the traverser's coun- 
sel, whether from intention or not he a\ ill not under- 
take to say, was disrespectful, irritating, and highly 
incorrect. That conduct which he viewed in this 
light, might have produced some irritation in a tem- 
fer natuallyquicjk and warm, aNdchat this irritailon 



might, notwithstanding his endeavors to suppress it» 
have appeared in hit manner and in bis expressions, 
he thinks not improbable ; for he has had occasions 
of feeling and lainenting the want of sufficient can* 
tion and self-command, in things of this nature. 
But he confidently affirms, that his conduct in this 
particular was free from intentional impropriety; 
an4 this respondent denies, that any part of his 
conduct was such as ought to have induced the tra- 
-verser*s counsel to " abandon the cause of their cli- 
ent," nor does he believe that any such cause did in- 
duce them to take that step. On the contrary, he 
believes that it was taken by them under the influ- 
ence of passion or for some motive into which this 
respondent forbears at this time to enquire. And 
this respondent admits, that the said traverser was 
convicted aad condemned to fine and imprison meiit» 
but not by reason of the abandonment of his defence 
by his counsel ; but because the charges against him 
were clcariy proved, and Ho defence was made or 
attempted against far the greater number of them. 

The foprth charge in support of this article, at- 
tributes to this respondent, *« repeated and vexatious 
interruptions of the said counsel, which at length 
induced them to abandon the cause of their clients 
who was therefore convicted, and condemned to 
fine and imprisonment." To this charge ajso, it is 
impossible to give any other answer but a general 
denial. He avers that he never interrupt the , 
traverser's counsel vexatiously, or except when he 
coosidered it his duty to do so. It cannot be denied 
th*t courts have power to interrupt counsel, when 
in ^ ihcir opinion the correctness of proceeding re. 
quires it. In this, ais in every thing else, they may 
err. They may somethnes act under the iniliienca 
of momentary passion or irritation, to which they 
m common with other men, are liable. But unless 
their conduct in such cases, though improper or ill- 
judged, be clearly shewn to proceed, not fix>m hu* 
man infirmity, but from improper motives, it can- 
not be imputed to them as an offence, mudi kss as % 
crime or vnisdemeanor. 

Lastly, this respondent is charged undei-this ar^ 
tide. With an «• indecent solicitude, manifested by 
hina, for the conviction of the accused, unbecoming 
even a public prosecutor, but highly disgraceful to - 
the character of a judge, as it was subversive of 
justice.*' This is another charge of which it is im- 
possible to give a precise refiitation, and for a gen* 
eral denial of which, this respondent must therefore 
confine himself. He denies that he felt any solicit 
tude whatever, for the conviction of the traverser; 
other than the general wish natural to every frienj 
of truth, decorum and virtue, that persons guilty 
of such offences, as that of which the traverser stcod 
indicted, shoukl be brought to punishment, for th« 
s^ke of e^am|>le. He has no hesitation to acknowU 
edge, that his indignation was strongly excited, by 
the attrocious and profligate libel which the traver- 
ser was charged with having written and published, 
.This indignation, he believes, was felt by every 
honorable and virtuous man in the community, of 
every party, who had read the book in question, ox 
become acquainted with its contents. How proper- 
ly it was felt, will appear frrm the book Sticlf, 
which this respondent has ready to produce to thf5 
honorable court ; from the parts of it incorptrated 
into the indictment now urmer consideration ; and 
from some further extracts contained in the paper 
marked exhibit No. 6, which this respondent j>rays 
lea\ B to make part of this hts answer. He admits, 
and it can never be a subject of sclf-^prouch or a 
cause of regret, that he partook largely in this gen- 
eral indignation, but he denies that it in any manrt r 
influenced his conduct towards the traverser, whiuh 
was regulated by a conscientious legard to his du-y 
and the laws. He moreover contends, tliat asvli- 
citude to procure the conviction of the iiiN-er'^er, 
however unbecomming- his chatacier as a j^dgc, 
would not have been an offence, had he felt it ; un- 
less it had given rise to misconduct on his part. In- 
rentictis and feelings, unless acconvpanied ^y actions, 
do not constitute crimes in this country; wheietl.- 
guilt oriimoccnce of men is not judged ©f by their 
wishes and solicitudes, bur by tl^eir conduct and its 
motives. And this respondent thinks it his duty, 
en this occasion, to enter his solemn protest against 
the inticductipn in this country, of those arbiiraif 



No. 12. 



CSe 25a!ance» 



95 



princfplos.at once ihe offspring and the in- 
flrumenls'of dcfpolifm, which would ma!;e 
• high crimes and mifdemeanors' to confifl 
in •* rude and contemptuous exprcffions,** 
in '• vexatious interruptions of counfe!/* 
and in the manifeftaiion ol " indecent foli- 
citude" for the conviftion of a moft noto- 
rious offender. Such conduft is no doubt, 
improper and unbecominij in an/ perfon, 
and pduch more to in a judge : hut it is 
too vague, too uncertain and too fufcepti- 
ble of forced interpretations, according to 
tbc ioipulfe of paffic>n or the views of pol- 
icv, K> be admitted into the ckfs of pun- 
iOiabfe offences, under a fyftem of law 
nvhofe certainty and preciflon in the defl. 
nition of crimes, is its greateft glory, and 
the greaieft privilege of thofe who Hve on- 
dcr its fway. 

[to be continued.] 




Be it our weekly task. 
To note the passing tidings of the times. 



^nt^my^arch 19. 

APPOINTMENTS. 

Robert Smith, of Baltimore, late Sec'ry 
of the Navy, is appointed Attorney.-Gen- 
cnl of the -United Slates, in the tooni of 
Levi Linco'in, refigned...And Jacob Crow- 
sinfiiield, of Salem, is appointed Secretary 
of thcNavv in the room of Robert Smith. 

Hon. Daniel D. Tomkins, one of the 
Jiidges of our Supreme Court, is appointed 
Diftrifl Judge for this Sraie, in the rootn 
of Judge Hobart, deceafed. 

Ii is ftatedr that flour has been fold at the 
H^vannah, at the enormous price of 40 
dollars per barrel. 

On Saturday^ March jid, Mr. Burr took 
leave of the Senate in a Speech of about 
bait an hour* 

The bid for granting to Aaron Burr, the 
privilege of franking his letters during his 
life» is pofiponed till next feflton. 

" Congrefs fat the whole of Sunday, March 
3d, it being tbelaft day of the feflion. 

For the following particulars we are in- 
debtedtoRdf's Philadelphia Gazette, and 
tbe Gazette of the United States : — 

The Senate alinoft,unanimoufly voted to 
pay Judge Chafe's witneffcs. When the 
fobjefi came before the faoufe on Saturday 
evening, J. Randolpbi in a Ibort fpeech of 



rank venom UJwards Ju^ij^e ChaTe, fdid, 

among other things, that he h^d efcaped by 

! a mere fqueak ; that he looked upon him 

' in the light of an acquitted felon. A large 

^ majority of the-fiouie voted not to pay the 

j juii^e's witnefTes, althoujrh they they had 

paffeJ a bill for compenfaiingihe witneffes 

againft him. A committee ot conference 

was appointed by (he two houles. They 

nxet and difagreed. The Senate unani- 

moufly agreed to adhere to their refolution 

of paying the witnefTes of the judge ; and 

the houfe alfo agreed to adhere to their 

relolution of not paying. Confequently, 

no provifion was made lor compenfating 

any of the witnefles. 

Immediately after the verdiS of the Sen- 
ate, acquitting Judge Chafe, Randolph 
came into the Houfe, and moved for an 
amendment to the conftitution, viz, that 
the jud^eb (hould be liiible to be removed 
from office by the Prefident at the requefl 
of two thirds of the LegiHature. Nichol- 
Ton moved another alteration, viz. that the 
ftate legiflatures (hould have power to recal 
their Senators to Congrefs whenever they 
pleafed. — Mr. Elkot obferved that they 
might as well go direQly to the object, and 
refolve, that it is expedient to aboliffi the 
Conftitution of the United States, and fet 
the public bark afloat on the tempefluous 
ocean of anarchy. 'The refolutions were 
poftponed to the next fefEon, when Nich- 
oifon pledged himfelf to profecute them. 

. Out letters from the Meditefrtmean enable us to 
place before our readers further details of such hero- 
ic deeds, on the part of our gallant Officers, Seamen 
and Marines, as must impifess all nations witU res- 
pect for the American Flag, and cannot fail to ex- 
cite the emulation of our gallant youth. 

" In the attack upon the enemy's shipping and 
battenes in the harbour of Tripoli, on the third of 
August, six Ainerican gun boats and two, bombards, 
were {Haced in tWo divisions, commanded by the 
brave captains Decatur and Somers. TJie enemy's 
gun boats were abo in two dnrisions. W hen the A- 
merican signal to advance w\s made, captain Deca- 
tur led in with the boat which he commanded, and 
was followed by the boats commanded by Lieutcn- 
ant Decatur, Trippe, and Bainbridge— his inten- 
tion was to have brought the weather division of the 
enemy to a close and decisive action, but finding 
they declined the contest, and being unable to fetch 
them, he bore up for their leward division, of seven- 
teen gun boats, moored in a.close line abreast imder 
the batteries, advancing, & firing, under a press of 
sail — at this time he sustained a heavy fire of round 
and grape shot, from the shipping and batteries by 
which the boatcommanded by captain Bainbridge» 
was rendered unmanageable ; notwithstanding this 
accident, C apt. Decatur, having complete confidence 
in his seconds, Lietenants Decatur, and Trippe, pas- 
sed with his three boats tHrough the enemy's line, 
cutting off their five weathcrmost boats — ^and, board- 
ing the first himself, his example was ft>llowed by 
his Brother, and Lieutenant Trippe, each, of whom, 
in the handsomest manner, laid the enemy- on board, 
and compelled his antagonist to surrender. The 
boat boarded by Capt. Decatur, was obstinately de- 
fended, and was not surrendered until seven-eighths 
of her crew were killed or wounded. Lieut. Trippe, 
after a severe and bloody conflict in which eleven A- 
mericans subdued thirty -six Turks, killing fourteen 
and wounding seven, succeeded and brought off his 
pri^e. Tbe bxare and Umcntcd Lieutenant Deca- 



tur, when taking posFcssw.n of his vaiquishcd foe, 
was treacherously shot b; the 1 urkish Captain, wlio 
effected his esicape. 

" Having manned his prize, and left witIT onlv 9 
Air>erican8, besides himself, the heroic Capt. Deca- 
tur dctermmed tob^ard another b>iai, in which he 
succeeded — Being only 10 Am: hcans, to 24 Turks, 
a scene of <:ombat ensued, of the m<^8t daring cilort 
on the one part, dnd determined resis;ance oh the 
other. 

«* Prepared to receive the assailants with sabres, 
pistols and boarding pikes, the 1 urks made a |>ow- 
erful defejice, and were not subdued until 21 of ihtm 
had fallen. \ 

•* Capt. Decatur was at different times most orit. 
ically circumstanced — At one time while engaged 
with the .Tripolitan Captain in front a Turk in h's 
rc^r aimed a blow with a sabre, u hich one of 
his seamen most nobly interposed to receive, ands 
which split his skull. In a subsequent encounter 
he was engaged by a Turk with a boardinj^ pike', 
which he endeavored to cut off with his sword, w hen 

the blade broke, and left only the hilt in his hand 

and he then received a thrust in the arm. Not hav- 
ing time to draw a pistol before the thrust would be 
repeated ; he closed with his antagonist who, being 
the strongest man, threw him— but in falling, his 
activity placed him above his enemy, who then drew 
his dagger, as captain Decatur did his pistol, which 
prevailed— the spot ^vhere Cai>t Decatur was enga- 
ged then became the scene of action— the Turks ad- 
vanced to the relief of their comrade, and Decatur's 
sergeant and 4 marines, with fixed bayonets, flew 
to his rescue. Victory, afier a bloodv conflkr, deci- 
ded for the generous few, and 3 surviving Torks 
surrendered 

" The brave and much regretted Somers, having 
done every thing which skill and intrepidity coult? 
on this occasion, effect, afterwards solicited and ob- 
tained the coftintand of a fire-ship, called an Infer- 
nal, which Commodore Preble sent into ther harbor 
of Tripoli— after carrying her wuhin 20 yards of 
the Bashaw s Castle, she was boarded by 2 gun- 
boats, each carrying 100 men. Capt. Somers hav- 
ing but 8 men to defend his vessel, and preferring x 
^orious death to ignorainions slavery, fired the train, 
and with his gallant comrades, Wadsworth and Is- 
rael, and two hundred of the enemy, perished in the 
explosion.' Political MegUttr. 



Cfte Htnot 




MARRIED, 
At Lee, Massachusetts, Capt. Willta* E. . 
Sherman, of Philadelphia, to Miss Sally Dil- 
lingham, daughter of Major Nathan Dillinghair, 
of Lee. 



^xitt^ Cittttnt 

AT HUDSON. 

[corrected WEEKIY.] 

Saturday^ March 16, 1805,' 

D. C. 

fVheat,,.^ 2 31 

Ry^>.»^: X 19 

Corn*,,,,.,. '. •.•...! CO 

OaCs,....it^ ,„. go 

BuiUr... , 2 1 

Chcefe 09 

Lard 12 

Tallow ,.,. j6 

Bm Wax....... fig 



96 



Cfie 25alance. 



Vol. IV. 




FOR THE BALANCE. 

DEVOUT LINES. 
Written under severe affliction in 1765. 

Years tollow years, how swift they move, 

And pass into eternity ! 
O, may the next succeeding prove 

A. blissful jubilee to me ! 

Years, months and days, ye cannot go 
Too fast for one like me distre&s'd; 

Your swiftest flight is much too slow 
For souls that long to be released. 

Time's shortest period proves to me 
Long tedious years of pain and grief ; . 

I would the last grand period s^e, 
Or find in death a sweet relief. 

Must I forever live distress*d ? 

From youth to age in sorrow pine ? 
And shall I know no point of rest ? 

Must pain and.anguish stUl be mine ? 

Hourly my flash and strength decays ; 

Distempers urge me to the ton&b » 
Must I be dying all my days» 

Yet life's sweet period never cwnc ? 

Kight spreads her ourtain rotmd my bed | 
But gentle sleep forsakes my eyes ; 

Restless, X tummy weary head. 
And wish t9 sec themornmg rise. 

I turn, and turn, and turn again^- 
Gaze at the windows, wish for day ; 

Tliink o'er the dii« effect of »in. 
And weep the silent hours away. 

The morning comes with cheerful light \ » 
But light offends and pains my eyes \ 

Weary of day, I wish for night. 
To see the evening shadows rise. 

From night to night, from day to day, 
In pain and anguish thus 1 spend 

The tedious months and years away. 
And pray a ;d wish th' expected end. 

I pray, and wish, and sijh, and groan, 

In secret pmir.g o'f r my grief ; 
By friends en^'ompass'd, yet alone, 

Hclpleifi* and far frem all relief. 

Perplexing doubts distract my head- 
Distressing fears o'eru'helm my breast j 

Soft ease and ptace forsake my bed : 
Tnus tc^tless, anxious and dist^ss'd. 

My life's one lonjj, ck.rr:, gl3oroy scene 
Of sin and sorry v^*, pa la and care } 

Ten^P^^s ai.d it.>rms whli' u% within— 
Oh, tor a momeiii brig' a and lair ! 



Oh thou prime minister of heaven^ 
Supreme controller of our fate ! ^ 

Into whose hands all power is given— 
With sweet compassion view ray state. 

Open the iron gates of death. 

And grant my soul a passage free ; 

Grant me in peace to yield my breath, 
And take my spirit up to thee. 

To thee, where endless pleasures. reign— 
Pleasures, unstain'd with sense or sin ; 

Unmix*d with sorrow, care or pain— 
Tliat glorious prize the virtuous win.— 

Tir'd with this wretched load of clay. 
My spirit longs to be undress'd ;-^ 

Weary of life's long tedious day. 
She fain would enter to her rest.-^ 

With pitying eyes behold my grief ; 

That rest which thou hast promised, give i 
O, hear and grant me quick relief,— 

And let me die that I n\ay live. 

That I may live to thee alone 

A life ef liberty and love. 
With saints and angels round thy throne. 

And aid the blissful song above. 



^iljet^itp. 



The French Imperial Mantle. 
THE French papers gjve the tolI<%wing 
defcription of this mantle. — It is of the 
fined velvet, of emaranthue colour, four 
ells (fix yards Englifli) long from the ex- 
tremity of the train to the top of the col- 
lar; and nearly eight feet wide. The 
ground is parjime with golden bees, em- 
broidered in bofs. It is edged with a gol- 
den border, the richnefs of which is' only 
equalled by the workmanfljip. At equal 
intervals in the mid ft of branches o^ lau- 
rel, in full bloom, and ears of corn, pleaf- 
ingly intermixed, is a filver fun, furmount- 
ed hy an oak and oh've, and within the fun, 
the letter N. in raifed gold. This mantle 
is entirely lined with ermine ; the fur exr 
tends nearly four inches in breadth, be- 
yond the border in gold. It has alfo a 
broad collar in the fhape of a cippet, all ol 
erlnine. There is only one open flceve.like 
that of a turkiOi drefs , and upon the oth- 
er an opening, which is to be clofed with a 
clafp of diamonds. The mantle of the 
emprefs, is in every refpe£l like that o\ her 
augufi con^oxt , vfiih this exccptfon, that 
the funs in the border are of i^old, and the 
letter N. of filver. [CLar, Cour.'] 

The following is fdid to be a fragment 
of an Ej^ypiian king, found ai Thebes : — 

•• I never denied juftice to the poor, for 
his poverty ; neither pardoned the wealthy 
for his riches. — I never gave reward for 
affeflion, nor punilhment upon pafhon. — 
I never fuffered evil to efcape unpumfhed, 



neither goodoefs unrewarded— I never de« 
nied juftice to him that afked it, neither 
mercy to him that deferves it.— I never 
opened my gate to the flatterer, nor mine 
ear to the backbiter. — ^I always fought to be 
beloved by the good, and feared by the 
wicked.*— I always favored the poor, tliac 
was abie to do little, and God, who was 
able to do much, always favored me. 

Buonaparte,, it is faid, in a London pa- 
per of the 7th of Jan. was married by the 
Pope to the /w^<f rrW Josephine, the day 
before the Coronation, previous to which 
they were united merely by civil contrafi. 

A canonical wag defines the reported 
celebration of the nuptials of the Emperor 
Nap. and Imperial Josephine, by bis Ho» 
linefs, an ex pojljado ceremony. 

{Philad. Gaz.'\ 

A fanatic preacher being requefted to 
perform the laft fad office for a dying 
young woman, prefTed her to believe, as m 
preparation to the beatific flate, ih^ Jle/k 
and d/ood cannot inherit the kingdom of 
heaven. I am fafc then, replied the wSitjr 
patient, for I have been fo long ailing, that 
I am nothing but Jkin and bones. 

IPort Fotii).'] 



TERMS OF THE BALANCE, 

FOR 1805. 

To City Subscribers, Two Dollars and Fifty 
Cents, payable quarterly. 

To those lyho receive them by mail. Two Dol- 
lars, payable in advance. 

To those who taKe their papers at the office, in 
bundles, or otherwise, a deduction from the city 
price will be made. 

A handsome Title Page and Tabjc of Contents 
will accompany the last number of the volume. 

Advertisements inserted in a handsome and con* 
spicuous manner, in the Advertiser which accompa- 
nies the Balance 

NOTE. 

The first second and third Volumes of the Balance 
mi^' be had on the following terns •— 

First Volume-^unbound^^ p g 2 

Sccmd Volume, - • g 2, 50 

^hhd Volume^ - - ' * g 2, 5d 

9 be three to^cther^ , - g 6, 

If bound, the price of binding (either plain or el- 
egant) will be added. — An iinbound volume nmy be 
sent to any post-office in the state for 52 cems post- 
age ; or to any post-ofiicf iu the union for 78 cents 



PUBLISHED BY 

HARRY CROSWELL. 

Warren-Street, Hudson. 

WBEBB ■^RTNTING IN GTENERAl. TS EXECVTCB 
WITH Wai-TNESS AND ACCtKACY. 



Ne. 13. 



COLUMBIAN 




Vol. IV. 



REPOSITCmY. 



*• HAIL SACHED POLITY, BY FREEDOM REARED I 
" HAIL SACRED FREEDOM, WHEN BY LAW RBSTRAIN'D f*^ ^ 

X BEATYIB. 



HUDSON. (New.York) TUESDAY, March 26, 1805- 



[subject contiwuei^.] 

J[ HE acquittal of Judge Chase 
is rendered doubSy honorable to him, by 
the fingular manner in which the accufa- 
tioos were brought againft him, Tber« 
bad been no- formal complaint of hit con- 
dud, on which hit enemies could ground 
an accufation. He Was not impeached M 
any one zEt. Had that been ^he cafe, his 
acquittal would have proved him innocent 
of that one a3 0nly. But, as the bufinels 
hu been coodu&ed, the refult has proved 
^ the purity of hit conSu^, thro^ the whole 
coorfe of hit ofEcial life. 

Let us recolkct how the proceedings 
againft Judge Chafe commenced : Early 
in the fedion of 1803 — 4, a member of the 
boufe of reprefcntatives of the U. Statcst 
obferved, that be had feen in fome of the 
newfpapers, certain remarks and (uggef* 
ttons^ which induced him to believe that 
Saipu^l Chafe had, in certain cafes, while 
afiing as Judge, manifeded a tyrannical 
and arbitrary dilpofition, &c. &c. &c. — 
He therefore moved, that a committee be 
appointed to enquire intb, and examine a// 
the official conduCl of the faid Chafe, to 
fee if fomething could not be found, on 
which an impeachment could be ground* 
ed* Grofsly abfurd as this motion was, 
a majority of the houfe fanSioned it ; and 
• committee was appointed, principally, if 
not wholly ,compofed of men rooft decided- 
ly and openiy hoftile to the Judge. This 
comniittee of inquifition was invetled with 
power to fand for perfons and papers, to 
examine, enquire, &c. Their seal was. 
aDeafoTcd by their malevolence. Tbey pur- 



fued their talk with '* guiky diligence ;" 
and, after months fpeot in the vefearch, 
they reported, juft at the clofe of the fef- 
(ion, a whole volume of exparte teflimony^ 
on which they founded Gx articles of im- 
peachment* Contrary to every principle 
of right and juilice, this teftimony was 
publifhed and circulated throughout the 
union. lo vain did the friends of Judge 
Chafe contend againft this fcandalous pro- 
ceeding* In vain did they demand an im- 
mediate hearing, that the poifon might be 
accompanied by its antidote* Congrefs 
rofe ; and the injured and per fecuted Judge, 
was compelled to (it quietly down, and fee 
his enenues turning the current of public 
opinion againft him, without having it in 
his power to raife up a mound of defence. 
Every liule dabbler in filth..^.every two- 
penny preflman, devoted to Jefferfon, and 
«* inftigated by the devil," hroke up his 
.fluices, and poured his puddle of mud in- 
to t)>e great fiream. From the Salt Moun- 
tains of Louifiana to Canada, the vileft ca- 
lumnies were difleminated. Charges the 
mofibare....accurations the moft unfound* 
ed, were publilhed and repubtifhed again 
and again ; and many a typographical tri- 
bunal had paOed its (entence of condem- 
nation, long before the Judge had been 
heard in his defence. So falfe and decep- 
tive was the. colouring given to the whole 
buCnefs, by Judge Chafe's enemies, that 
^houfands ot his friends began to (ickeo at 
the profpeiQ, and adually confidered his 
fate as irretrievably fixed. 

Under all tbefe unfavorable circutn- 
ftancet, the Judge appeared before hit 
accufert, at the laft fe(lion,\o defend him- 
felt againft the fix charges^; when to his 
aftonilbment he found, that the inquiG- 



torial committee, without authority or any 
previottt intimation of their deGgn, had an« 
nexed two new articles lo the old batch ot 
accubtioas. By this defpicable trick, his 
enemies hop^ to take him unawares, and 
thus deprive him ot an opportunity ta 
make the necefTary preparation for his de* 
fence. From this moment, fotne of the 
boneft and independent democratic mem« 
hers of the houfe of reprefentatives began 
to view the condu&.{4 lUndolph and hii 
junto, with dkfgufi and«indig|nation ; and 
in confequence, the Judge was allowed a 
month o make out his defence. 

From this ftatement, it is evident, that if 
Judga 'Chafe, during bis official life, had 
ever been guilty ot any mifcondu3, he 
! could not have efcaped convi£lion. His 
accufers and his judges wei^ politically, 
and many of tbdm perfonally, his enemies. 
They were urged by every thing but hon* 
eliy, to coi|vi& him. f arty feelings and 
prejudices were enlilM againft him. The 
paffiont of the people had been wrought 
upon. The preft had l>een employed in 
the service of perfecution. In fhort, the 
Judge went to tri J under almoft every dif« 
advantage. He had, itis true, that " ftrong 
breaft-plate, a heart untainted ;" and oa 
that alone he relied. That^ thank Heaven^ 
proved fuBicient. His enemies, by their 
verdid, have teftified his innocence. .They 
have taken infinite pains,and expended vaft 
fums of the people*s money, to convince 
the world, that a man who, more than any 
other, has been calumniated, was the leaft 
deferviog of cenfure. Tbey have official* 
ly given the lie to charges which they have 
non-officialty repeated a thoufand timet*-— 
They have unwhtingly done the public an 
effentidl fervieei and we have only to de- 



98 



C]^ ^alante. 



FoR.:1805, 



fire that they will proceed, until they have 
wiped away all the foul ftatiu which they 
have been, for years, attempting to cafl 
upon every di&ioguiflbed tederaliS in ehe 
Uoited States. 

[to be CONTZWXD.3 



^potttieal 



fRQM THE WASHINGTON FEDJ8RALXST. 

IT was not in our power to accbiripajiy 
the refoluttons of Meflis. Randolph and 
Nicholfon, given in our lad, wiibtbe de- 
bates which arofe on the occafioo. We 
are now enabled to furnifli our readers with 
a fketch of that debate, and regret, that it 
cannot be given more at large. — Enough, 
however, is given, to make every Ameri- 
can biufh tor his country, when fo digni- 
fied and important an afTembly as the H. 
of Reprefeniatives^ is made ^he vehicle 
for envenomed fpTcen and mortified pride 
to vent themfelves, when it is doomed (i- 
kmly and patiently to bear (he tefty hu- 
mors of every, domineering upftart, and to 
hear the moft violent and indecent invec- 
tives again ft a co-ordinate legiflative branch 
of the government, for daring to exprefs an 
irtdepcndent optnioir; — Nay more* — Thefe 
fhings fliould not. only make us blufh for 
the degradation of our country — buttrem- 
ble for its liberties, when we fee a few af 
|>irin^ demagogues thus fetting at (jefiance 
ail laws of decertcv and decorubfi, and en- 
deavoring to grafp all the powert- g^ the 
fovernroent. What! Becaufe the. mem- 
ers of the Senate, would not betray their 
truft, violate their oaths, and give up their 
independence to the pride, the ambition, or 
the xnterfjl of fuch men as Randolph and 
Kicholfon, they are to be denounced and 
^enfured, and their conduft and motives 
q-jeflioned in the^Houfe of Reprefenta- 
tives. . Had any member of tlie Senate 
thus have dared, to queftion the condnfi of 
the fioufe of Reprefentativea, it would 
h^ve been confidered as a breach of privi- 
lege, and that body would have been called 
on to punifh the offending member. 

We have but a melancholy profpeQ be- 
iore us, if (bme important provifion of the 
Conflitution is to allay the angry pafljons, 
or heal the wounded pride of every haugh- 
ty and infolent demagogue. Mow does this 
cafe ftand ? The Senate of the Ut^taies, 
has dared to oppofe the wifhes of Meffrs. 
Randolph and Nicholfon, and therefore the 
Houfe of Reprefentatives \% called on to 
pafs a vote of cenfure, and the people to 
alter the Confliiution. Mighty indeed, muft 
be the refentment, which grafps at fo great 
9 facrifice to beappeafcd. 

Suhjeft the Senate and the Judiciary to 
the Houfe of Reprefentaiivesy and in vain 



may unprote^ed innocence look for ref« 
ugefrom the oppreffion of power and inOu^ 
ence. We (hall foon become the ready 
inftruments and willing (laves of a fingle 
defpot. Several members voted againft the 
refolutions, becauie they thought them im- 
politic and ilUtimed, but approved of the 
principle. — Let the people be on their 
guard, left thefe refolutions, flart up in a 
more difguifed drefs, and in a more «uf» 
picious moment. If fuch alterations (bould 
ever be made, we may bid adieu to our 
Conftitution, and with it too our Lhiion, 
Liberty and Independence. •There are 
many enemies to the Conftitution, who 
have not the boldnefs openly to exprefs 
fuch enmity. In a large party in Wa(h- 
ington, the Britiih Conftitution became 
the fubjetk of .converfation* Mr. Ran- 
dolph there declared, that in a Republi- 
can Government there ought to be NO 
WRITTEN CONSTITUTION. ^ His 
late coodu£t^ is a commentary on this text. 
All this party were a number of Mr. 
Randolph's political friends. And yet 
with this knowledge of his hoftility to the 
Conftitution, they look up to him as one 
of their.principal -leaders and fupporters, 
and yet profefs to be the firmefl friends 
and warmeft advocates of that very Con* 
ftitution, be is laboring thus fecretly and 
openly to deftroy. Hear, O Ifrael, and 
judge. 

In Mr. JefFerfon's letter to Mazzei, he 
fays *• That their," meaning Wafliington, 
and the federalifls, •• avowed ob}e3, is, 
•• to impofe on" us the fubftance, as they 
*' have already gwtn ns the form of the 
•« Britifk Government." 

Randolph is now (eeking to impofe on 
lis, that •• fubftance." He wifhes to make 
congrefs, like tli^ Parliament of England, 
the paramount authority, and to make the 
Judges in this country as in England, de- 
pendent on the Legiflature, by fubjefling 
them to a removal, on the addrefs ot both 
houfes. 

It is an old and very fuccefslul trick a- 
mong thefe pretended lovers of the people, 
to accufe "others of intending the very 
mifchief, they are preparing to commit. 
It is fomething like the perfon, who at- 
tempts to Icreen himfelf from a fault, by 
accufing the injured, and thus putting him 
on the defenfive. This raifes a fmoke, 
ahd then like yEneas in the cloud, walk 
on undifcovered in tlie work of deftruc- 
tion. 

It is already known, that Judge Chafe 
had been acquitted by tbe Senate of all tlie 
charges brought againft him in the morn- 
ing of til. firll ot March. On the eve- 
ning of the fanie day, the Houfe of Repre- 
fentatives met according t# adjournment 
and vrere proceeding, in great good hu- 
mour, to difpatch the load of bufinefs, 
whicb^inconfequenceoitbeimpeacbmenti 



remained unfinifhed — when Mr. Randolph 
(who we believe had juft taken his feat a* 
bout half paft feven) rofe, apparently in a 
high ftate of irritation, and addreffed the 
fhair. It was at firft fuggefted to him that 
there were feveral bills from the Senate to 
be read ; but he anfwered in his ufiial im- 
perative tone, that they were of no impor- 
tance compared to the buftnefs to which 
he wifhed to draw tbe attegtion of the 
Houfe, and demanded of the Speaker, 
whether he had not a right to addrefs the 
Chair. No anfwer being g*ven — he prgi- 
ceeded, in a fti|e of bitter inve^ive, againft 
the decifion of the Senate — but it \% out of 
our power to pretend to give any fketch of 
his Speech. He more than once called 
the Jndge an acquitted Fdon — talked of 
what had taken pUce, as the mere mockery 
of a trial, and ridiculed all idea of any of- 
fender ever being punifhed by impeach- 
ment. He obferved, that it was high time 
that the people fhould begin to look to 
themfetves, and forgetting all minor points, 
to rally round their real friends. Alter 
running on this way for fome time, an4 
calling^ thofe who had voted with him for 
the Impeachment, to fupport the refolu- 
tion he was atK)ut to offer, he prefented it 
in the forn* and words fallowing, and 
amoved to have it confidered. 

*iReJolved^ by the Senate and Houfe of 
Reprfcfentat*iyes of the United States of A- 
merica, in congrefs affcmbled,' two.third» 
of iKHh hotifes concuring, Tfiat the follow- 
ing article be fubmitied to the legiflature* 
of the fevenal ftatet, which when ratified 
andT confirmed by the legiflttures of three 
fourths of tlie faid ftates, fhall he valid and 
hindin;r as a part ot the coaftitution ot the 
United Slate*. 

"The judges of the Supreme and all 
other Couru of the United States fhall be 
removed by the Prefident on the joint ad- 
drefs of both Houfes of Congrefs requefl- 
ing the fame, any thing in the Conftitution 
ol the United States to the contrary not* 
withftanding." 

This refolution having been feconded, 
Mr. Nicholfon got up, to appearance, in 
a higher ftate of irrhation and anger, than 
his precurfer— and having expreffed his 
perfeS acquiefcen^ein every word which 
fell from his friend— faid. That he not on- 
ly agreed with him, as far as he went, but 
thought that his refolution did not go far 
enough. He therefore begged leave to 
prefent another, which he thought wa» 
abfolutely neceffary, in order to prevent 
gentlemen in high ftations from forget, 
ting altogether, to whom they owed their 
authority with which they were invefled* 
For bis part, he could not fee why the 
immediate Reprefentatives of the people 
fhculd hold their feats only for two years, 
and that Senators, who were only the Rep- 
refentatives of the Reprefentatives of t^ 



No. 15. 



€fte 25alance* 



^9 



people, (hoold continue to enjoy their'i 
ouriogyix. 

Merc follows Mr. Nichoifon's fef$lution. 

*• ReWved, That the following article, 
tfrhen adopted by two-ihirds o\ both IJou- 
fes of Congrcfs and by the Legiflatures 
of three-toarths of the rcfpcQive States, 
4ball become a part of the Conftitution of 
the Vbittfd States, viz. 

'• That the Lcgiflature of any State may, 
"Whenever the faid Legiflature may think 

S roper, recal at any period whatever, any 
enator of the United States, who may 
bave been eleQed By them, and whenever 
a vote of the Legiflature, of any State va- 
eating the feat of any Senator of the Uni. 
ted States who may have been eteQed by 
the feiid State, fliall be made known to the 
fienite of the United States,^ the feat of 
fuch Senator fliall thenceforth be vacated/' 

In anjwer to an obfervation, which, in 
the courfc of the debate, fell from Mr. 
Findley, or fome othqr gentleman, viz. 
that his refolution went to reduce the Sen- 
ate to a mere Corps Diflcmatique.he faid, 
that this was his intention — that the Sena- 
tors reprefented the fovereignties of the 
feveral States and ought to be entirely de- 
pendent on them. 

Mr. Elliot, among other remarks, ob- 
ferved. that to complete the climax, he 
woald recommend to the gentleman to 
bring forward another refolution to the 
following eflFeft, (We do not pretend to 
^c the vrords of any gentlemanf but 
ntitW the fubfl^nce of his ideas,) vir : 

** That whereas the people of tho Uni- 
ted States have no longer any occafion for 
the Conftitution, therefore refolvcd* that 
the prefent Conftitution be abolifhed and 
declared null and void, and that the good 
peopleof thefc States, will in future, em- 
bark and take their chance on the tempcf- 
luous fea of anarchy,** 

Mr. Huger oppofed both refblutions, 
and regretted that the gemleroen fufTercd 
their paflions to get fo much the better of 
them, as to induce them to brinn^ forward 
ihefe refokitioRj — which, even were thev 
correft therafelves, when brought forward 
fo immediatelv after the late trial and ac 
quiitai of the Judge, muft be rejrarded, Bn 
only intended to convev a cenfure on the 
part of the Houfc of Reprefentatives, on 
the conduft of the'Senate* 

Mr. Varnum, Mr. Smilie, and feveral 

other gentlemen, though not inimi(:al to 

the principle contained in Mr. Randolph's 

refolutioa. difapproved nnequivocallv of 

the amendment of Mr. Nicholfon, and re- 

' grelted that either had been brought for- 

war<J at that ftage of the feflion. and par- 

ticularlv fo immediately aher the decifion 

of the Senate. , 

Mr. Roger Nelfan approved of both refolu- 

tions- -at leaft/uch is believed by fome of the 

gentlemen with whom we have con ver fed. 



Mr. Grifwoldf, after the pofiponement 
of the refolution! fupported a motion made 
to print tliem — which was carried. 

The above are fome of the details of 
this curious tranfa3ion — which we have 
beeffable to colleft. Thev are fubftan- 
tially correQ, and we regret much that we 
cannot prefent a more circumAamial de- 
fcription of the tran(a6lions of an evening^ 
— ^highly interefting — but we are forry to 
add, little honorable to the principal a^ors 
in the (cene — or to the highly refpeflablc 
body to which. they belong. 

FROM THE CHARLESTON COURIER, 

A few days fince it was mentioned in 
the public papers, that the Legiflature of 
Ohio had granted leave for a bill to be in- 
troduced ^or changing the names of the 
counties of Adams^ Hamilton^ and Rofs / 

Thofe legiflators who (it dawn to change 
fuch names of counties to fome others, 
probably to Betlzebub^ Buonaparte, ^nd 
Robefpierre, have found put an office bet- 
ter fitted for their hearts and heads than 
making good Jaws. Thofe citizens of 
the fwamps and ftatefmen of the fcalping- 
knife, had better crofs the mountains, and 
go to fome fchool for grown perions ; 
there they will fiand a chance of learning 
that there are fuch things in the world 
as hiftories,. and national records-^and 
that, unlcfs they can contrive to burn all 
the libraries in America and Europe, their 
important m'alice can no more expunge 
the glories of HaiIiilton and Ax>aMs 
from the annals of the world, than a drop 
of the Crocodile tears, once fhed by their 
lord and mafter over the grave of Wash- 
ington, could melt away a mountain of 
adamant. Poor wretches : — they have juft 
intellefl enough to betray their inalrce, 
but not wit enough to give it efleft. Co- 
lumbus lives to everlafting fame by his 
deeds, whiie that of Americus Vefpufius 
is only kept alive, like a fpark under the 
afhes, by the roifnomerof Ameiica,wbich, 
in juftice, ought to be called Coiumhia. 
The fame of the former was built on oth- 
er grounds than the naming of a place. 
Thofe legiflators may not, however, be 
without an objcft ; they may have got a 
hint to begin a feries oJ changes, meditated 
by our ruling faflion, in humble imitation 
of the Fiench Jacobin Ufurpers, by whom 
•• Nothings no.fiofhtng was left unchang- 
ed,** The offices being exhaulle^l, tor 
means to (hew their malice, they now 
purvey for their turpitude in the names 
of places. The Savages of the Ohio have 
roufed the game, and the war-whoop will 
foon reach the Atlantic, where Americans 
may be aiTured not a towr> will be left 
bearing the name of Washington ! Mr. 
Eppes, the Prcfident's fon-in-law, wants to 
have the territory of Columbia i;e-€eded 



to Maryland and Virginia — this is a cir- 
^ cumftarfce coincident. 

In one reqocft they are right — they take 
from the rich what the rich do not want, & 
give it to the poor indeed. A Jefferson's 
fame, like that of Americus, may be IvoU 
ftered up for a ^htie by the name of a 
place, but tke fame of a Washington, a • 
Hamilton, or an Adams, like that of Co- 
lumbus, will live till, to ufe the beautiful 
idea of Ben Johnson, Time fliall throw 
a dart at Death. 

TTrrriigr-Sidney's Sister— Pembroke's motheft 
DeatlvVcr thou hast struck another 
Fair and learned and good as she. 
Time shaU throw a dart at thee. 



•• PAM BE CIVIL.'* 
Foot, district^attome/, has resigned his office 4 
thus evincing a nicer sense of shame, than the coim« 
cil of appointment, who have tbus long kept him. 
in office, to the disgrace of the district.— The Lan* 
singbnrgh Gazette, howevo*, says, that «< Foot waa 
permitted to choose between ruigntuion and fvmo* 
val i** and remarks, tiiat *• many a man has com* 
mitted nuckh, to avoid a^u^/<c emcutimr* 

A paltiy democratic print, celebrated ^f k ha« any 
celebrity) for its total disregard of truth and decea- 
cy.thns disingenuously treats the acquittal of Judge 
phase— 

'< Judge Chase is acquitted, having been declared 
n€t guilty on five articks of his imj^eachm^nt, and 
putlty on three, but by too small majorities to ena* 
bieth^ court to inflict anyjptrtitbment on him,*' &c. 

Noaigument is necessary to shew the baseness of 
this paragraph. The declaration or sentence of the 
court is amply sufficient. As oflicially published, 
it i4 in these words.— 

** The President then said— from this statement, 
then it appears that there is not a constitutional ma^ 
jority on any ong article ; and it therefore now be* 
comes ray duty to declare, Samuel Chase, Esq. 
stands acquitted of all the artictet of impeachmenc 
laid against htm.'* 

THE CLOVEN FOOT. 

The devil, it is said, can put on any disguise, or 
assume any form that he pleases : but, that he*may 
not carry his deceptions too far, he is deemed, in 
all his transactions, to retain one m\rk by which he 
can be distinguished.... i6« dorenfoot. Tlius 'tis with 
the democrats, [we mean the anarcbUUf not the 
honest democrats.] They can assume any sliape ; 
but they tannot hide their clovcn/oot. The Barotti'- 
etcTf after expressing the utmost chagrin at the ac- 
quittal of Judge Chase, exclaims — 

«< It is time to look for other remedies beftde ix- 

PEAttlMXNT." 

Yes, yes — if these federal judges are to be allow- 
ed fair trials, it is all in vain to think of getting rid 
of them. Why, they will ail prove themselves inno* 
cent. Some other rcmody most therefore be soijght 
for « They order these things better in France." 
There neither trial nor impeachment is necessary. 
The guHlotme is ihek remedy for <' opfvesscd ha- 
raanity." 



100 



0^ Se^dfaoce. 



Vmf^* 



^t%e €|id^e. 



/ 



Jn the Stmte ^ikt UniiedStaits^ 

SITTING AS A 

High Court of Impeachment, 

ON THft^ 
Four$b dmy <f Fehruwj, A. D. 1805. 

VNlt-Bp STA-BJU ts, lAMUBL CIIA8B. 

Thtnnfwer^ andpitas gfSAMUEt Chase, 
one of the Affociate Jfujlices of the Su- 

, preme Cdurt of the United^qhs, to 
the articles of impeachment, exhibited 
Againfi him in the fqid Courts by the 
honorable^ the Houfe of Reprefentatives 
of the United States, t n fufport of their 
impeachment, againft htm, for high 
crimes abd mif demeanor s, fuppofed to 
have been by him committed. 

£goktinusd.] ' 

IK concluding his defence against those charges 

contained in the fonrth article of impeachment, ^e 

declares, that his whole condvct in that trial, was re- 

" l^ated by a strict regard to the principles of law, 

: and by an honest desire ^to do justice between the 

United States and t)»e party accused. He fek ast|i- 

cerc wish, on the one hand, that the traverse* might 

* establish his innocence, b^ those fair and ^uflficieiit 

means which the law allows ; and a determination 

on the other ; that he should not, by subterfuges, and 

frivolous pretences, sport with the justice of the 

country, and evade that punishment of which» if 

■ pJJhy he was so proper an object. These intentions 

! DC is confident, vrere legal . and laudable t and, if 

in any part of his conduct, he swerved from this liae^ 

it was an error of his judgment and i¥it-9f his 

heart. 

And the said respiondtnt for plea to the said fourth 
article of impeachnient, saith,that he is not ^S^ty of 
any high crime and misdemeanor, as in and %y the 
«aid fourth article is alledged ?gainst him, 'and this 
he prays, may be enqrared of by this honorable court, 
in suchmanner aslaw and justice sluU ^eem to them 
' to require. 

The fifth article of impeachment charges this re- 
, spondent, 'with having awarded *• a capias ag«Ain6t 
the body of the said James Thompson Callender, io- 
- dieted for an offence not e&pital^ whereupon the said 
Callender was arre*!»cd and committed to dose cus- 
tody, contrary: to 4aw in that case made and provi- 
ded " . • 

The charge is rested, Ut, on the act of Congress 
f f September 24ih. 1789, entitled, «• an act to estab- 
hFh the Judicial Courts of the United States,** by 
•wri^ it is cnacied, «« that for any crime or offence 
against the United States, the offender may be ar- 
rested, imprisoned, or bailed, agreeably to the usual 
Tuode of process, in the state where such offender 
^nay be found.'* And 2dly, on a law of the State of 
Virginia, which is sa-:d to provrde, *« that upon pre- 
%en*me^thf any grand jury, of an offence ttot c^tai, 
the court shall order the clerk t© issue a summtms 
against the person or persons so oflfetkdicg, to appear 
and answer such presentment at the mxt court." — 
It is c^ntesded, in support of this charge, that the 
act of Congress above*mentioned, made the State 
law the rule of proceeding, and that the Stat^ law 
was violated by issuing a capias against Cttifa^der, 
instead of a summonac 

The first observation to be made on this part of the 
case is, that the date of the law of Virj^inia is not 
vnentipned in the article. A very mtLtenal omission ! 
For it cannot be infended, that by the aCt of^ongress 
la question, which was passed for establishing the 
laws of the U. States, and regulating their proceed- 
ings, it was intended to render those proceedings de* 
Ijcudent on tXX/uture acts of the Sta*e legislatures— > 
Tte iBigtfiga ceruunly was^to adopt^ to a certahi 



limited extent, Ac regalationa existing in the States 
I at xy^t time of passihg the act. Consequently, a laW 
of Virginia, passed sSter this ^t, can haye no ojpe- 
ration on the proceedings un^er it. But by referring 
to the law of Virgmiain question, it w^i be found to 
bea^ date on November Ijtfa, 3799, rtiore tban three 
years after the act q| Congress^ by which it is qaid to 
have been adopted. But the omission of thetilate .of 
this law of Virginia, is not the most material over- 
sight which "has been made in citing it. Its tule is 
•* An act directing the method of proceeding agaiilst 
free persons, charged w^Lth certain crimes,*' &c. and 
it enacts, section 28th, « That upon presentment 
made by the^grand jury, of an offence not capital, 
the court shall order the clevk to issue a summons, or 
otler proper procets, against the person or persons fio 
presented, to appear and answer at the next court." 
It will b« observed that these words, " or other prop- 
er process,'* wliich leaveit perfectly in the discretion 
of the court what process bhall issue, provided it be 
such as is j)roper for bringing the offender to answer 
to the presentment, are omitted in this article of im*- 
peachment. 

From these words it is perfectly manifest, that 
the law of Virginia, admitting it to apply, did not 
order a summons to be isSued^ but left it perfectly 
in the discretion of the court to issue a summons, 
or such other process as they should judge proper. 
It is therefore, a sufficient answer to this article to 
say, that thik respondent considered a capias as the 
piopcr process, and therefore ordered it to issue ; 
which he admits .that he did, immediately after 
the presentment was found against the said Cal- 
lender, by tht grana jury. 

This he is informed and expects to provei has 
been the constrviction of this law by the courts of 
Virginia, and their general practice. Indeed it woidd 
be most stranee, if any other construction or prac- 
tice had been adopted. There are many offences not 
capitalr Avhich are of a. very dangerous tendeney, 
and on w^ich very severe punishment is inflicted by 
the laws of Virginia ; and to enact by law, that in 
all such cases, however notorious or profligate the 
ofiender might be, the courts should be obliged, after 
a presentment by the grand jury, to proceed against 
them by summons ; would be*to enact, that as so»n 
as their gailt was rendered extremely probable, by 
the presencment of a grand jury,, they ^uld receive 
regular notice, to escape from punishment by flight 
or cq|i\cealment. 

It will also appear, as this respondent believes, by 
a reference to the laws and practice of Virginia, into 
which he has made all the enquiries which circum- 
stances and the shortness of time allowed' him for 
preparing his answer, would permit, that all the ca- 
ses in which a summons it considered as the only 
proper process, are cases of petty offences, which on 
the presentment of a grand jury, are lo be tried by 
the court in a summary way, without the. interven- 
tion of a petit jury. Therefore, these provisions had 
no application to the case of Callender, which could 
be no otherwise proceeded on than by indictment, 
and trial on ibe indictment by a petit jury. 

It mtist be recollected that the act of Congress of 
September 24Ji, 1789, enacts, section 14, "That 
the courts of the United States, shall have power 
to issue writs of scire facias, habeas corpus, and alt 
other wrtU, not specially provided for by statute, 
, which may be necessary for the exercise of their 
respective jurisdictions, and agreeably to the prin- 
ciples and usages of laws." Consequently, the 
circuit court, where the proceedings in question, 
took place, had power to issue a capias against the 
the traverser, on the presentment unless the State 
law above-mentioned governed the case, and con- 
tained something to restrain the issiung of that writ 
in such a case. This respondent contends for the 
reasons above stated, that this law neither applied 
to the case, or contained any thing to prevent the 
issuing of a capias, if it had been applied. 

Thus it appears that this respondent, in order- 
ing a capias to issue against Callender, decided cor- 
rectly, as it certainly was his intention to do. But 
he claims no other merit than that of upright inten- 
tion in tltts decision : for when he made the de- 
cision^ he was utterly ignorant that such a law ex- 
isted in Virginia ; and declares that he never heard 
of it^ till this arcjide wa8rf|)orted b/a cotmuiuee 



of the Hot^se of Representatively during the present 
session*^ Cotigf«8s. This law was not mentioned 
on the trial either by the counsel for jthe travcner 
or by^ jndge Ori^Sn, -who certainly had -fnuchbet- 
ter 4%>poitUriltie8 <tf knowing it than this respond- 
ent, and who, no doubt, would have ciied-k had 
they known it, and considered it as ^plicable to t^ 
case. This respondent well knows that in a crimi- 
ml view, ignorance of the law excuses no nian in 
oftndfing against it s but this maxim applies not 
to the^decision of a judge j in whom ignorance of ^e 
law in general wotdd certainly be a dis gi^^ catjon 
for this office, though not a crime ; but igmPrance of 
a particular act of Assembly of a State, where he 
was an utter stranger, must be considered as a very 
pardonable error ; especially as the counsel for the 
prisoner to whose case that law is supposed to have 
#ppRed, foriMre or omitted to che it; and as a 
ju<%e of the State, idways resident in it, and long 
conversant with its local laws, either forgot th>s 
la,w, or considered it as inapplicable. 

Such is the answet, which this respondent m^es 
to thefif^ article of impeachment. If he erred in 
this case, it was through' ignorance of the law, and 
surely, ignorance under sAch circumstances, cannot 
be a crimie, much less a high crime and misdemean- 
or, fbr whidi he ought to be removed from iiis of- 
fice. If a judfec were impeachable for >acting a- 
gainst law from ignorance only, it .would follow, 
Siat he would be punbhed in the same manner |br 
deciding against law- wilfully, and for decid'mga- 
gainst it through mistake^ In other woids, thare 
wouUl be no distinction between ignorance and de- 
sign, between error and corruption. 
' And the said respondent, fqr plea ,to the said fiM 
article «f impeachment, saith, that he is not guihy 
of any high crime and misdemeanor, as in \wnd by 
the said fifth article is alledged agaiiist him i aiid 
thif he prays, may be enquired of, by this hofieiable 
(Stfor^ in such manner, as law and justice <hsdlseem 
to them to require. 

The sixth article of imptachraent aUedgee* tjiat 
this respondent, ** with intent to opparesa and-pw- 
• cure the conviction of the said Jannes Thompson 
Callender, did, at the court aforesaid, rule and ad- 
jtidg^ thesaid Callender to trisd, duriaig the term at 
wh^ he, the said Callender waa presented and j^ 
dieted) contrary to the law in that case made end 
provkfed. 

This charge also, is founded, 1st, on the act of 
Congress of Sept. Sith, 1789, above meniieaed, 
which enacts, section 34, «* that the laws of the 
several states, except where the constitution, treat- 
ies, or statutes of the United States shall otherwise 
provide, shall be regarded as the rutQs of decision # 
•in trials at commmi lav m the courts of the United 
States, m cases wher^ they apply/* ard 2ndly, on 
a law of the state cf Virginia, which is supposed 
to provide, ** tlittt in cases not capitttl, thecffender 
shaH not be held to answer any presemment of a 
grai^i jury, until ^ e court next succeeding that* du- 
ring which such presentment shall have been made." 
This law, iris contended, is made the rule of deci- 
sion by the above niemioBed act of Congress, and 
was violated by the refusal to continue the case of 
Callender till the next term 

In answer to this charge this respondent declares, 
that he was at the time of making the above men- 
tioned decision^ wholly ignorant of any such law of 
Virginia as that in question, that no such law wa5 
adc^ced or mentioned by the counsel of Callendcf, 
in support ot their motion for a continuance ; neither 
when they first made it, before this respondent sit- 
ting alone ; nor when they renewed* it, after Judge 
GrifBn hail taken his seat in court : that no such law 
was mentioned by Judge Griffin ; who concurred in 
over-ruling the motion for a continuance and orders-^ 
ing on the trial i which fte could not have done had 
he known that such a law existed, or consitiered if 
as applicable 4o the case ; and that this respondent 
never heard of any such law, until the articles of 
impeachment now under concuderaton werereportci^ 
in the course of ihe present session of Congress, bf 
a committee of me House of Representatives. ' 

A judge is certainly bound to use all proper aud 
reasonable means of obtaining a knowledge of the 
Uws whkh he is appointed to administer i but after 
the use of such meani» to ovcidtok^ misundenta&o* 



ITo. 13. 



Cifte 25alaiict/ 



101 



.*— . .ifva a, - . — — 



«ri«fAftm ig^orBfft of SQmepvdcidar law, is at all 
tiraea a Very pasdonabk error. It is m«ch more so 
in the case of a judge of the Supreme court of the 
United States, holding a circuit court in a particular 

'■■We, with which he m a stranger, ahd with the 

'^xal laws of which he can liave eojoyed but very 
impeffect opportunities of becoming acquainted. 
It was foreseen by Congress, in c&taW&hing the cir- 
cuit courts of the United States, that difficulties and 
inconveBiencier must frequently Arise from this 
source, aiui to obviate such diflicuUics it was pro- 
vided, that the district judge of each state, who 

' liavin|g been a resident of the state and a practition- 
«T in if s courts, had all the necessary means of be- 

coming acquamted with its loc^ laws, should 
form a part of the circuit court in his owa state. 
The judge of the supreme court is expectcdi, with 
veason, to be weU tersed in the general laws ; but the 
local laws of the state form thepeculiar province of the 
district judge, who may be jus: 1\ considered as particu- 
larly responsible for their due observance. If in the 
case in questiqn,this respondent overlooked or miscon- 
smied any local law of the state of Virginia, which 
tMght to have governed the case, it was equally o- 
ralooked and misunderstood, not only by the pris- 
onet^s counsel who made the motion, and whose pe- 
cohdr dut>- it was $0 know the law and bring it into 
the view of the court, but also by the district judge, 
vho had the best opportunities of knowing and un- 
derstanding it, and m whom, nevertheless, this o- 
Yer^ight or nMstake is considered as a venal error, 
while iiPthis respondent it is made the ground of a 
cnminal chaigc. ^ , 

This respondent further states, that after th^ most 
diligent and the most extensive enquiry which the 

•flrae allowed for preparing this answer would per- 
mit) he can find no law of Virginia which express- 
ly enacts, that •<in cases not capital^ the offender 
'aball not be held to answer any presentment of a 
grand jury, until the court next succeeding that 
dqnng wlDich such presentment shall have been 
'wmim," *Thitprin<Qiple he supposes to be an infer- 
ence drawn hy the authors of the axtides of im- 
^• ^chme nt, from the law of Virginia mentioned in 
Ihe answer to the preceding article, the law of No-, 
vember 15th, 1792,' which provides ** that upoa pre- 
seatment made by the grand jury of an offence not 
capital the court shall order the clerk to iiiue a 
summons, or otlier proper process, against the person 
or persons so presented, to appear, and answer such 
presehtmcnt at the be«t court." This lawhecon- 
ceives dt>cs not warrant the inference so drawn from 
it, because it speaks of pretentmentt and not of i«- 
dictmentt^ which are veiy dilnerent thingt \ a»d is, 
3ia,he is informed, confined by practice and con- 
struction in the state of Virg^ia, to cases of small 
•fiences, which are to be tri^ by the coinrt itsdf iip- 
ofi the presenrment, without nn indictment ©r the 
intervention of a petit jury. But for cases, like that 
oC Callender, where an indictment must fellow the 
presentment, this law made no provison. Further, 
the state laws are directed by the abovementioned 
act of Congress, to be the ride of decision in the 
courts of the United States, cmly « in cases where 
they apply.** Whether they apply or not to a par- 
ticular case, iaa que«tion of law, to be decided by 
the court Where such case is pending^ andanerrar 
in making the decision is not a crime, nor even an 
■ofience, unless it can be shewn to have proceeded 
from improper motives. This respondent is of o- 
pmion, that the law in question did net apply to the 
case of Callender, for the reasons stated above ; 
and therefore it would have been his duty to disre- 
gard it, even had it been. made known to him by 
Che counsel for the traverser. 

And in the last place he contends^ tint tiie law 
of Virginia in question, is not adopted by the above 
nentioned act of Congress as the rule of decision, 
in such cases as that now under consideration. That 
act does indeed provkle « ^at the laws of die sev- 
eral states, exc^t where the constitution, treaties or 
statutes of the United States shidl otherwis^ro- 
vide, shall be regarded as rules of decision in trials 
at cumftum Ima in the courts of the United States, in 
cases where they apply.** But this provision, in his 
opinion^ can relate only to righta acquired under the 
late taw»^ whidi come into question on the trial j & 



not to forms of process or modes orproceeding,anterr- 
or or preparatory to the trial. Kor can it,asthis respon- 
dent apprehends,have any application to in^ctments 
for offences against the statutes of the United States, 
which cannot with any propriety be called " trials, 
at common law." It relates merely, in his opinion, 
to civil rights acquired under the state laws » which 
by virthe of this jwovision are, when they come in 
question in the courts of the United States, to be 
governed by the laws under which they accrued. 
. If in these opinions this respondent be incorrect,it n 
an honest error : and he c intends that neither such 
an error in the construction of a law, nor his igno- 
rance of a local state law whieh he had no opportu- 
nity of knowing, and of which the counsel for the 
party whose case it is supposed to have affected weie 
equally ignorant, can be considered as an offence li- 
able to Impeachment, or to any sort of punishmem 
or blame. 

And for plea to the said sixth article of impeach- 
ment, the said Samuel Chase saith, that he is not 
guilty of any high crime or misdemeanor as m and 
by the said article is alledged against him ; and this 
he prays may be enquired of by this honorable court 
in such manner as law and justke shall qeem. to them 
to require. 

The seventh article of impeachment relates to 
some conduct of this respondent in his judicial ca- 
pacity, at a circuit court of the United States held 
at Newcastle in the state of Delaware, in June 1800. 
The statement of this eondoct made iii the article is 
altogether erroneoos y b|it if it were true, this re- 
spondent denies, that it contains any matter for 
which he iftliaUe to impeachment. It alledges that 
" disregarding the dutiea tf his office, he did de- 
scend from the dignity of a judge, and stoop to the 
level of an infcarmer.** This high offence consisted, 
accOT«Ung to thejuticle, 1st, in refusing ta discharge 
the grand jury ahhough entreated by several of the 
said jury to do so: 3dty,iQ « observing to the said grand 
jury, after the said grand jury had regulaiiy declar- 
ed through their foreman, that they had found no^ 
b^ of indictment, and had no presentmems to 
make, that he the said Sam.. Chase understood * that 
a highly sedhious temper had manifested itself in 
the state of Delaware, among a certain ^dass of 
people, partictUaily in Newcastle county, and more 
especially in the town of Wilmington, where lived 

I a most seditious printer, unrestrained by any princi^ 
pie of virtue, and regardless of social order, that 
the name of this printer was-*——." 3dly, 
in •« then checking himself as if sensible of the in- 
decorum which he was committing.'* 4hly, m adding 
<■ thsit it might be assuming too much, to mention 
the name of this person ; but it becoities your duty, 
gentlemen, to enquire diligently into this matter, or 
words to that effect." And 5thly, /« in authorita 
tively enjoining on the district attorney of the U- 

• nited States, with. intention to pocure thej)rosecu- 

{ tioh of the printer in question, the necessity of pro- 
curing a file 61 the pn^ers to which he alliided, and 
by a strict examination of them to find some pas- 

i sage, whicli might furnish the ground work of a 
prosecution against the printer.** 

These charges amount in substance to tiiis ; that 
the repondent refused to discharge a grand jury on 
their request, which is ^vtrj day's practice, and 
which he was bound to do, if he believed that the 
due administration of justice required iheur longer 
attendance : that he directed the attention of the 
gi^d jury to an offence- against a statute of the U- 
nited States, which he had been inf^med- was com- 
mitted in the District « and that he desired the dis- 
trict attorney to aid the grand jury, in their inqui- 
ries concerning the existence and nature of this of- 
fence. By these three acts, each of which it was 
his duty to perform, he is alledged '<to ha^ degra- 
ded his high judicial functions, and tended' to im- 
pair the public confidence in, and respect for, the 
tribunals of justice, so essential to the general wel- 
fare." 

That this honorahle court may be able to form cor- 
rectly its judgment, concerning the transaction men- 
tioned in this article, this respondent submits the 
following statenrf^t of it| which he avers to he traCi 
and e^cpects to prove 



On the 27th day of June, 1800, this respondents 
as one of the associiite justices of the supreme court 
of the United States, presided in the circuit court 
of the Unite4 States, then held at Newcastle in and 
for the district of Dclawaie, and was assisted by 
Gunning Bedford, esq, then district judge of the. 
United btafes for that district. At the opening of 
the Court on that day, this respondent according to 
his duty and his uniform practice deliveied a charge 
to the grand jury in which he gave in charge to them 
several statutes of the United Sta'e';,and among oth« 
erg, an act of Congress passed July 14th.ir98, en- 
titled •< An act in addition to the act for the punish* 
ment of certain crimes against the United States,* 
and commonly called the * ttdition-law.' He dhec- 
t^ theOLto enquire concerning any breaches of thos^ 
statutes, and especially of that commonly called the 
sedition law, within the district of Delaware. 

On the san^e day before the usual hour of adjotirn- 
ment, the grand jury came* into court, and itiform* 
ed the court that they had found no indictment or 
presentment, and had no business before them, for 
which reason they wished to be discharged. This 
respondent replied, that it was earlier than the usual 
hour of discharging a grand jury ; and that business 
might occur during the sitting of the court. He al- 
so asked them if they had no information of publi- ' 
cations within the distrkt, that came under the se- 
dition lnw, and added, that he had been informed, 
that there was a paper called the < Mhror,' publish- 
ed at Wilmington, which contained libellous char- 
ges against the govemment and president of the U- 
nited States : that he had not seen that paper, but it 
was th€ir duty to enquire into the subject ; and if 
they had not turned their attention to it, the attorney 
for the district would be pleased to examine a file of 
that paper, and if lie found any thin^ that tUBom 
within the sedition law, would lay it before them.'* 
Xliirls the substance of what'^the respondent said to 
the grand jury on that occasion, and he believes 
nearly his words. On the morning of the next day^ 
they came into court ajid dealared that they had no 
preseatmems or indictments to make, on which 
they f>*re immediately discharged. The whole 
time therefore, for which they were detained, was 
twenty-four hours, far less than is genermHy requir- 
ed cf ■ ^nd juries. 

• -In these proceedings, this respohdent acted accor- 
ding to his sense of what the duties of his office re- 
quired. It certainly was his duty to give in charge to 
the grand jury, all such statutes ofthe United Stares 
as provided for the punishnient of offences, and a- 
mong others, that called the sedition act ; into 
all offences against which act, while it contin- 
ued in fjrce, the grand jwy wcie bound by 
their oaths to enquire. In giving it in charge, to- 
gethcr with the other acts of Congress for the pun- 
ishment of ofienccs, he followed moreover the ejt- 
ample of the otlier judges of the supreme cotut, ia 
holding their respective circuit courts- He also coti« 
tends.anddklthen believe, that it was his duty, when 
informed of an offei.ce, which the grand jury had o- 
vcriooked, to direct their atiention towaros it, and 
to request for them, af^d ^en to tcqaire* if ne- 
cessary, the aid pf the district attorney in making 
their enquiries. In thus discharging what he cen- 
ceives to be his duty, even if he committed an error 
in so considering it, he denies that he committed or 
could commit any offence whatever. 

With respect to the remarks which Jie is charged 
by this article wirh having made to the grand jary, 
relative to«« ahighly seditious tern per, which he had 
understood to have mahifested itself In th^ state of 
Delaware, amor.g a certain class of people, partic- 
ularly hi Newcastle county, and more especially, ia 
th^ to^fn of WilnAJngton." and relative to « a most 
seditious printer, residing in Wilmington, unre- 
strained by any principle of virtue, and regatdlesa 
of soc'ral order ;** this icspondent does not recollect 
or believe, that he made any such observations. But 
if he did make tltem, it could not be improper ia 
him to tell the jury that he had received such infor- 
mation, if hi fact he had received it ; which was 
probably, the case, though he cannot reecHect it 
with certainty at this distaiuje of time. That this 
information, if he did receive it, was correct, so fisr 
as it regarded the printer in question* wiU fuli^ ap- 



102 



Cj^e ^dmtt* 



■^% 



For 1805. 



fevr from a file of the paper called the «* Miiror of 
the Times," &c, published at Wilmington, Dela- 
ware, fr-jm Feb. 5th, to March 19ih, 1800, inclu- 
sive, which he has obtained, and is ready to produce 
to this honorable court when necessary, and Rome 
extracts from which are conttonod in the exhibits 
severally marked No. 7. 

And for plea to the said seventh article of impeach- 
jnent, the said Samuel Chase saith, that he is not 
guilty of any high crime oi' misdemeanor, as in a.nd 
Ify the said seventh article is alledged against him, 
and this he prays may be enquired of by this honor- 
able court, in such manner as law and justice shall 
seem to them to require. 

[to be co2roi4Tn}BD.} 



Con0re^,^* 



FROM THE COMMERCIAL ADVERTISER. 
THE WINDING UP SCENJ;* * 

OF all the extraordinary occurrences 
which have taken place at the feat ot gov- 
. ernment» during the late fcffion of Con- 
grefs, the windicg up fcene is perhaps the 
xnoft ludicrous. A few days before the 
Senate bad formed a decifion on the tri- 
al of Judge Chafe, the Houfe of Wprefen- 
tatives paffed a bill appropriating j,0Q0 
dollars to defray the expencesf ot the wit. 
nefTes who were fummoned on the part of 
the managers of the impeachment. The 
bill was carried* to the Senate, where it 
was read and laid on the table- for farther 
conrideration.--=^ After the trial was clo- 
fed.the hilt was called up, and paff^ftfunao* 
imoufly in conneQion with 40 amend- 
niem, appropriating an aidditional fum, 
fufficient to cover the expences of the 
witncfles for the defendant.— Tht^s amen- 
ded it was taken down to the Hou(e,where 
it met with powerful and virulent oppo- 
fition. When certain members had giv- 
t:n vent to their paffion^ in execrating the 
amendments and abtifing the Senate,a vote 
was taken on the bill as amended— it was 
rejefted by a mdjori'y;' arft returned to 
the Senate. It was then agreed that a com- 
mittee fromeach Houfe fhoqld be appoint.- 
cd to confer on the fubjefl. Mr. Giles & 
Mr. Bradley were appointed on the part of 
the Senate, and Mfffrs. Randolph, Nich- 
oHon, and Early, f three of the Tr^anagers 

' Iff the impeachment J on the part ot the 
Houfe of Repiefentatives. The appoint- 
fnent of thefe men ^as con^dered, by the 
Senate, as extremely indecorous^ ftill, 
however, the conlerees met — but came to 
no agreement on the h^&tiefs. The Sen- 
ate then took a final vote, and decided 
unanimoujly^ that they would adhere to 

-4he amendment. Qn this occafion, Mr. 
Giles declared, and to his honor be it re- 
corded, th^t he would never vote for an 
appropriation to defray the* expenses of 
witnefTes,. in this or in any future ca{e, 
unlefs the witnefTes of the defendant were 
jnplu^e^ in t{ie bill. The H^ufe^ having 



been informed of the ultimate decilion of 
the Senate, alfo took a final vote, perfifl- 
ing in the rejeflion of the amendment. 
Ot couife, the bill was lofl. 

Mr. Randolph, however, was not thus 
eafily to be defeated in his efforts. The 
expences of his own witncfles niuft be de- 
frayed by the U. States ; but the idea that,- 
in addition to the acquittal of the deiend- 
ant, his witnefles too (hould be remunera- 
ted from the public treafury, was quite too 
rhuch for his mortified and exafperated 
mind to endure. It would have f urnifhed 
too great a triumph for the learned judge. 
He could now no longer imprecate on him- 
felfandhisafFociates 'thedifgraceot having 
dragged the defendant to the barol jullice' 
— he could no longer exclaim, *• let us be 
, configned to infamy, whiift hofannas are 
Qiouted to his praife"^«he could no long- 
er declare, <^ thus (hall it be-done to f^im, 
whom the higheft judiciary tribunal of the 
United States delighteth to honor." His 
inventive genius therefore fuggefied ano- 
ther mode of accomplifbing his objeft. — A 
motion was accordingly made to defray the 
expences of the fuit out of the fum appro- 
priated for the camingencies of the Houfe. 
This motion produced an inf^antaineous 
burfl of indignation from many of his own 
party, &>me of his beil ffiends declared, 
th^t to commit fo pafpable a violation ot 
the conflitution, would be an indelible 
difgrace to that Houfe, and to the charac- 
ter of the union. The point, however, 
was urged, the vote taken, and the decifion 
declared in the affirmative. The yeas gnd 
nays were then called fqr, when it appear- 
ed that there was not a quorurp prefent. 
Mr. Randolph then demanded the calling 
the roll, when ,it appeared that 20 or 30 
more than were fufficient to form a quo- 
rum, wey on the floor. The yeas and 
nays were again called, and again there was 
not a quorum. On calling the roll a fe- 
cond time, more than the necefTary num- 
ber ware again pre fent. A repetition ol the 
fame fteps produced the fame refult. Mr. 
R. highly exafperated, demanded that the 
fergeant at arms (hould be difpatched to 
compel the attendance of abfent niembers. 
Mr. R. Grifwold faid the demand of the 
gentleman mij^hi be very proper — ^there 
appeared to him, however, to be one or 
two trifling obje£lions to ii-^if thele could 
be furmounted, he would hot oppofe the 
motion. He obferved that it had been 
cuHomary for the houfe to be guided in its 
proceedings by eftablifhed rules ; xh^t 
there was no exifting rule that would war- 
rant the meafure — and that he doubted the 
propriety of confuming the laft hour ot 
their congreflfional exiftencc in forming 
new rules for the government of the houfe* 
Befides, faid Mr, G. fomc dtlficuities may 
occur in wording the^commiflion tp the 
fergeant at arms— it is well known that 



fomc of the members have gone liome 
without leave, orte to Delaware and anoth- 
er to Georgia, &c. — He hard fy fuppofcd 
that thegentleraenprefent would be willing 
to wait until the fergeant at arms cbtlH 
bring the members ' from thofe defiant 
ifates, Mr. Randolph waved the fubjeS, 
of compelling the attendance of the abfent 
members, atid called again for the ayes and 
noes on the main queflion : Still there waa 
not a quorum .: The roll was called a fourth 
t.ime-^and again more than the neceffery 
number anfwered to their refpeSlive names. 
The fame farcical fcene, we are informed, 
was exhibited no lefs than ten times. 

At length Mr. Randolph pronounced it 
a piece of finelTe^^a mere trick, to prevent 
thi^ queftion from being taken. A demo« 
cratic member replied — •• The gentleman 
ought to have made the difcovery earli* 
er.— rlt is, afluredly, a trick\ and we who 
arc concerned in it, are determined to 
trick him, for attempting to trick the Con- 
flitution." ,This reply fo completely difr 
armed Mr. Randolph, that he relinqui(he4 
his obje£l ; and thus no provifion is made 
to remunerate the trouble and expenfe of 
his witnefTes, Sa endeth the winding up 
fcene If 



■^g^ 




Be it our weekly task, 
, Xci note the passing hidings of tlietlmM. 
>>>>>«9f <<<<<< 

Columbia Academy^ 

IN THE TOWN Of KINDERHOOK. 
T^K Trufleer, with pleafure inform the 
Public, that they have employed Mr. Ja» 
RSD Curtis, to take the charge of this 
Academy. Mr. Curtis not only bringi 
the moll ample recommendations from the 
Rev. Dr. Fitch, Prefident of Williams 
Colfege, in which he lately officiated as 
a Tutof , but has already given fuch proof 
of his abilities as a Teacher, while in this 
place, that the tru flees can with confidence 
recommend him, as well qualified to fu- 
perintend the education of youth. They 
take the liberty to invite Parents and Guar- 
dians, to commit their children and wards 
to his pare, feeling alFiired that their e-x- 
peQatJons will not be difappointed.. Mr^ 
Curtis will commence his next quarter 
on the firft day of April. 

KiNDERHOOK, AlanA 13, 1805. 

Gun Boat, No. was lately launched 

at Walhington, in prefence of the prcfi- 



No. 13. ' 



Cfte Sfdiince. 



103 



ieni and vice-prefident. It is faid that 
Jeffeffon rmiled, and Clinton frowned, as 
&e left the flocks. 

The Prefidcnt has apppointed General 
James Wtlkinfon, Gavernor oi Upper 

The Evening Poft of Tuefday laft, fur- 
niflies the followrn|T article : — 

Office oflht United States' Gazette. 

PHILADELPHIA, MARCH l8. 
DEAR SIR, 

I fend you the following juft at I 
have this moment received it. I am fure 
it will at lead be untxpeEltd news. 

•' Capt. Glldea, ol the (chr Beaver, ar^ 

Tived here, informs that he failed, from 

Martinique on the 25ih ol Feb. and that 

two days before a French fleet of five foil 

ol the line, ieven frigates, and a nam- 

bcr of iranfports, had atirivedat Fort-Roy. 

al and failed immediately againft Oomini- 

co; and on the 26th.of Feb. off Roffeau, 

he was boarded by a French frigate, and in- 

formed that they had a paffage of 60 days 

from Rochefort -; that they had captured 

Dominicotwo days before, after an attack 

of 14 hours, with the lofs of 30 men ; 

that the fire from the AdiBiral's fliip had 

ncarfy "deflroyed the town of Roffeau ; and 

that they expefled to be joined by a fleet 

i^ffhf ftlife^iDrce every day. The French 

fleet was at anchor in Rofi^a harbour. *■ 

- - ^j* » . ■« ■ 

Ifwo attemps have lately been make to 
Tob the EfTex bank in Salem, but the vauhs 
being impregnable the thievcs;.did not oB. 
tain any booty. 

A Havannah paper of the 10th ult. re- 
ceived at this Office ycflerday, contains a 
decree of the Governor ordarningthat all 
neutral veflels; laden with provifions, 
ftiall be permitted 10 enter the ports of Cu- 
b? during the blockade of the Ifland. A 
MS. note on the margin of the paper* da- 
ted Feb. 21 adds — •♦all kinds pfprovifions 
and flonr admitted into the ifland of Cuba, 
in vefTels of the U. States." 

[D. Adv.\ 

An arrival at Sa'em, from Mai feilles 
brings an article of intelligence which, if 
h could be depended upon, is interefting. 
The Captain informs, that *« on the 2d of 
January he was boarded by a boat from the 
fleet of Lord Nelfon and informed, there 
was a prafpeff of peace between the Unu 
ted States and Tripoli very Jhortly'* It 
is probable that fome negociation may have 
taken place between commodore Baron 
and the Ba/haw fince our tad advices from < 
the Mediterranean, but it is far from cer- \ 
tain. And though fome intercourfc had 
occurred, it by no means follows that a 
fpecdy peace would be the refult. 

lihid.l 



S 



ExtraQ of a letter from a refpeBable gen* 
tieman oj St. Jetgo-de-Cuba^ dated Feb- 
ruary. 8. 

" It is faid that the brigand negroes are 
going to march againfl the city of St. Do- 
miiigo, and that Deffalines and all his 
principal comi*ades will be of the party. 
General Ferrand expcfts them ; he has 
at leaft 1,500 troops of the line or na- 
tional guards. We fjave alfo' received 
intelligence that 900 troops have arrived 
from France at Samana, and will reach 
St, Domingo before ihz negroes, if they 
intend to go there. You perhaps have 
heard that Gen. Deffalines^ had fent one 
of his naval captains, commanding an 
armed veflel with 25 negroes, to fummon 
Porto Plata to furrender. The Spaniards 
pretending to be overjoyed at the vifit of 
their French friends, invited the Captain 
%nd crew to land and partake of an enter- 
tainment they had prepared. The fellows' 
accepted the invitation, and were fur- 
rounded, by the Spaniards, who cut all 
their throats, except the captain's whom 
they fent to Gen. Ferrand in the fame 
veffel in which he had arrived but a lew 
hours before. This behaviour of the Span- 
iards give us reafon to- hope that they 
will miike a vigorous defence againft the 
negroes ; and it will be much worfe lor 
them if they do noi*, for they need not 
expefi more mercy than was fhewn to the 
other whites who have fallen into their 
hands. This, my friend, is the only in- 
terefting news I have to communicate ref* 
pe£Hr)g our country," r 

It was lately erroneoufly ftaied that the 
murderer, Arnold, had been apprehen- 
ded at Newark, (N. J.) He has, how- 
ever, been taken at Pittfburgh, (Penn.) 
and, on examination before a magiftrate, 
iConfefTed himfelf guilty, and was com- 
mitted to jail. 

Thefoliewing particulars, are copied from 
the Pittsburgh Tree of Liberty^ 

StepJ:>cn Arnold^ of the town of Burlington, in tbe 
state of New Vork^ who in a most wanton and cru- 
el manner whipped a girl of about six years of age, 
seven timcLS in the space of an hour atldran half, be- 
cr.use she did not pronmince ^/^ as he requh^d, and 
which caused her death — was apprehended at thi^ 
place, on Monday evening last, by Mr. Thomas Co- 
hoon, who.bad heard of him at Owcgoupon the Sus 
quelianna, and followed him 320 miles. His appre* 
hensiou was attended with^singtllar circumstances. . 
On Sunday he arrived here*: he was unsuccessful in 
3 or 4 a^v^icctions he made for a passage down the 
river ; He conrinaed in the vicinity, upon Grant's 
Hill, a considerable part of the da)r, and was fre- 
quently upon the point of committing the dreadful 
act of self murder, but was happily deterred By a di- 
recting providence. Monday night be called at Mr. 
Henderson's tavenv for something to eat, but s^id 
he had no rnoney ; in a short time Mr. Cohoon came 
m and was informed that a countryman of his was 
in the room? to whom he addressed himself, anddir- 
covered that he answered the description of Arnold 
--after requiring the other company to leave the room 
he read the advertisement 1 while reading, be disco- 
vered the other drawing something from his pock- 
et^upon w^icb h^ nuaed hia e/ea and said, tou arc 



tbcmmtf the hand dropped — it was a pistol which 
was cocked twice, and only prevented from doing 
execution by Mr. Cohoon^s firmness. They took him 
to a mag^trate, but on the way he drew a pistol and 
fired--^ different directioii was given to it by his arm 
being seized by a bystander ; the flash of the pan 
singed his temple, and the ball flew by the ear pf Mr. 
Cohoon ; it however did no injury. The pistol, a 
number of balls, a rope and some money, were 
found upon him ; he called himself Smith, and 
would give no satisfaction that night. The next 
day he made full confession— and appears to be ful 
ly sensible of the enormity of his crimes, deplores 
the violence of hfs passions, which haVe sunk him 
from a respectable standing in society to the lowest 
degradation. ^ . '. 

Englilh papers mention a report of ati 
attempt to affafTmate Bonaparte at oneot 
tlie PariGan tlieatres. 

Tfie crew of a veflel, lately arrived at 
New. York, in 171 days from Bourdeaux, 
being out of proviGons, fubfifted upwards 
of twenty days on fweet oil ! 

We obferve in the paper?, many com- 
plaints of the imprefTmem of American 
feamcn, by the Britifh ; but we fee na 
meafures taken by our government, for 
preventing thefe injuries. 

In the Legiflature of NewSork, The 
J)ill for incorporating the MrRCHANts* 
Bai^k, after a long and violent contention,' 
has pafred..*.In Senate, by a majority oi 
4 — in the Houfe, by a majority of 12. 



mt ilmea* 




'*yr:itt;ii*'^''^-»"ft*- 



At Boston, the Hon. PelegCoffix, Esq. iu 
the "49th year of his age; 

In this city on the 20th inst. Mr. Alexander 
M 'Cut CHEN, aged 28 yeairs. 

J^tice^ Cuttmt 

AT HUDSON, 

[corrected AVBEKLY.] 

Saturday^ March 16, 1805. 

' D. C. 

Wheat 2 31 

'■ Rye..,.....\ 1 1^ 

Corn*,*,,, .•.....,.. 1 00 

Oats..., ^o 

Butter, fii ' 

' Cheeji 09 

Lard .1 12 

Tailor/).. 16 

Bees Wax..,,,. stg 



104 



€fie SSdance. 



Vol. IV. 




EXTRACT, 



7E0M AN IRISH PAPEft. 

BONAPARTE IN LOVE. 

Every movement (Casuisti 33iig) 
Has, though often hid, its tpring^ 
Now controlling, now impellingy 
Raising, sinking, soothing, swdling* 
As prevails the different passion, 
I^ove, fear, envy, av'rice, fashion. 
Anger, pleasure, lust, grief, hate. 
Or ambition to be great. 
Musing on this mental mover, 
Kow, methinks, I can discover 
The true motive and occasion 
Of Ae boasted French Invasion .• 
And, that credit I n\ay gain, 
This th^ matter I explain : 

All his motions lately prove 
BoKAPASTK is deep in bve.... 
Xave inspires his daily scheme ; 
Zove supplies his nightly dceam ; 
Love at Paris is his host ; 
Xo«e attend him to the coast ; 
JLove, along the Rhine's meanders. 
Swamps of Holland, bogs of Flanders t 
Ramble when and where he will» 
Love is his companion still. 
And will never let him rest. 
With er^oyment vsbile unbleft, 
Kow, perhaps^ conjecture stupid. 
Thinks kU love the flame of Cupfd ^ 
For some Vemu, theme of wonder.... 
No suc;^ thing !..*.'tis love of plttnder ! 



FROM A LONDON PAPBR. 

GENEALOGICfAL TREE.. 

AT rhe coronation o\ kings and empe. 
rors, the principal genealogiil of the em- 
pire or kingdom, can ies in poflcflion the 
g-nealogical tree oi the royal family before 
the anointed monarch. — The following ig 
Bonaparte's genealogy, which we deem it 
our duty lo blazon and fet forth ior the en- 
tertainment and uiiormation, of our rea- 
ders : — 

Mrs. Ranio^lina -bf Bafle, married Mr, 
Ranioglina— and. fecondly Mr. F^fcb, 
She had by ihcfe marriaget Laetitia Rani, 
oglina, and U. Fetch now Cardinal Fefch* 



Lastilia Ranioglui^ married Carlo Boaa- 
papte^ a recorder of a peuy tribunal at A- 
jaccio. 

Laetitia Bonaparte was afterwards mif. 
trcfs of coum Niarbceaf, governor ot Cor- 
iica. Her children by Carlo Bonaparte 
and count Marboeuf are, his imperial hkjii. 
ncfs Jofeph Bonaparte, who married her ; 
imperial bighnefs, M. M. Clary, daughter \ 
of a Qtip-broker at Marfeilles. 

His imperial majefty. Napoleon Bona- 
parte, who married Madame de Beaubar- 
nois, firft the wife of count Beauharnois, 
and afterwards the miftrefs ot Barras. 

Citizen Lucien Bonaparte. He was 
firit an abbe. In 179a he was employed 
in the waggon fervice of the army of Prov- 
ence, at lopl. a year. His firft wife was 
a pot girl in the uvem of one Max- 
imim, near Toulon — (he died at Neuilly 
in 1797, from bad treatment. His fecond 
wife is Madame Jaubertholi, the divorced 
wife of an exchange-broker ol Paris— (he 
was his miftrefs for a year. As foon asihe 
was pregnant he married her. 

His royal highne(s Louis Bonaparte 
married Mademoifelle Beauharnois, daugh- 
ter ot her imperial majefty, by her farft 
hu (bands 

Citizen Jerome Bonaparte, married Mifs 
Patterfon, a very rcfpeftablc and beautiful 
young lady of Baltimore. 

Her imperial highne(s princefs Eliza, 
the (ifter of her imperial majefty, married 
at Marfeilles Bacciochi, a fon of a Waiter 
at a cofiee-houfe, and marker of a billiard* 
table at Aix la Chapelle and Sp^, in 1792. 
The fon carried on a fmall trade in cotton 
in Switzerland. 

Her imperial highnefs princefs Matilda 
Bonaparte married general Murrat, fon of 
a hoftler at an inn three miles from Ca- 
hors, in Quercy : Murar, in 1793, pro- 
pofed ta change his name to Marat. 

Her imperial highnefs Drincefs Paulina 
Borghefe, married, firfl, General LeClerc, 
who was the (on of a wool dealer at Pon- 
toife. He purchafed wool of the country 

Seople, and refold it at Paris to the nphol- 
erers. His mother, madame Le Clerc, 
was a retail dealer in corn and flour. Her 
brother has been fentenced to be hanged 
for robbery, and the gibbet poft yet re- 
n\ains in Picardy, to prove the exalted fit. 
uation of his grand-father. 

AGENTS FOR THE BALANCE. 

NEW-YORK. 
XindefhooJ^D. Ludlow, P. M. J/A«wy— WW- 
ting. Backus & Whiting. Utica—M. Hitchcock, P. 
M. fanmrndaigua-^. Seymour. Maitliut^'R, Wil- 
son, P. M. Whitevtmm-^'R. Leavenwori>h, Esq. 
Cberry-Valley^MT. Holr, P. M. Cazenovia-^Z. %. 
Jacksdti and the Post Master. vftfre//tw— Samuel 
Crosset, P. M. 3^*fi'»i*fOTOii— Nathan Brewster, P.Bf . 
Ongndaga^Qt, W. Olmstead. CooptrHovm-^V . Stran- 
ahan,Esq. yh5N-Wright,Wilbur& Stock well. Ber- 
kinter-'^, WoodmC Litiie PalU^Vf, Alexander, 
P.M. G#9i««a— the Pou Master. Sharmh^,VjA* 



neo, P. M. and J. VnL^mt.-^LeumnktrPb^^ 
Tracy, Printer. Salem-^JyodA & Rnmsey, J'^^I 
tcrs. Marceltui^^vj Humphrey, P. M. eiwtmi 
—J. Simonds. P. M. Sbenectmdy^}.^\i}m\^f[,V. m 
Suilivtm^Z, Caulkins, P. M. FarU^H. M'Ntll* 
P. M. ilwntejf— D. Wood, P. M. Amiferdam-1 
Mr. Downs,?. M. Niagara-^ht. Geo. Armisiead 
7ulfy^J. Buel, P. M. Cayuga^H. Buckl^.p |^* 
PituJield^Ctfohle, P. M.. BronnviUe-^G, Carop. 
Skeneatclat — Dr. Sam. porter. Saratoga — A. V^n 
Deusen, P. M. Jthinebeci^A. Potter, P. M. i?frf- 
Jkook — M. Cantine, Esq. Kingtton — David Burr > 
& S. S. Freer- Pougbkeepiiie^^. S. Street, Em. 
N. Power, Printer, and the Post Masteih. J^?ewl 
tori— Michael Bumham, Publisher of the Evening 
Post. Ov3€go-—lE., Dana, P. M. Batk^S, S. 
Haight and the Post Master. Chenango Point^C. 
Stone. JTa/toii— W.Butler. Z7ikMtf//tf—0. Stevens!' 
JFindbmm^S. Hunt, P. M. 

MASSACHUSETTS. 

Stoehbridge^n, Jones, P. M. Springfield^li, 
.Brewer, Printer. PimJUld^^h., Strong:, Esq. Lanet- 
horougb^M. Wells, P. M. Jftilianutovm — Tryon 81: 
Callender. GreenJUld^J. Denio, Printer,* Norths 
ampton^S, Butler, P. M. PandoIpb^Yf . P. Whi- 
ting, P.M. Worceiter-^l. Thomas, Jun. "Brmm 
—J. Hastings P. M. ^o/em— Mr. Dabney, P. M. 
and T. Gushing, Printer. Nantucket-^. Brock jun. 
Plymautb — ^W. Goodwin. Leicester — the Post Mas^r 
tcr. Newbttryport-^E. W. AHen, Primer, and J. 
Emerson, P. M. 

CONNECTICUT. 

^rw- jBtfven— Eliai Beers. DanbiNy~^E, R. White, 
P. M. and Mr. Gray, Printer. Maddam-^tht Post 
Master. Farmington, S. Richards, P. M. 5i6arw 
G. King, jun, P. M. 

NEW-HAMPSHIRE. 

JSTmuHw— J. Baldwin, P. M. jBoMttwefi-— Thomr 
as W.Thompson. jTeene—J. G. Bond. P.M. Cbf 
ter/eld-^K. Harvey, jun. P. M. 
VERMONT. 

3/<dSti7e&2^-^Huntington& Fitch, Printers. I^ev* 
bury — D. Johnson, P. M. Ptyaiton-^J. Smith. 
St. Albans"-^. W. Keyes, Esq. Burlington--^, 
Robmson. Putnp-^V. White. P. M. Si>afUbwrj 
— E. Niles, P. WL Windsor-^IH. Mower, Printer. 
PENNSYLVANIA. 

A*oi»^Mr. Prentice, P. M. mUetbarre^T. 
Welles, and Mr. Miner, Printer. Williamsport^ 
S. E. Grier, P. M. Pbilddehbia^Vf . Maria. 
NEW-JERSEY. 

Benton— Sherman & Mershon, Pnnters» and the 
Post Master. .We«-J?n«wwf ci— Mr. Blauvelt, Prin- 
ter. , 

^ MARYLAND. 

Balttmore-'^Yundt & Brown, Printers, Setttfih'^ 
Dr. R. Moore. 

GEORGIA. 

Atiguiht'^T^. Taylor. Savaunab^^A. Grant, and 
Seymour, Woolhopter & Stebbins. 
OHIO. 

Marieita-^B. I. Oilman. 



TERMS OF THE BALANCE, 

FOR 1805. 

To City Subscribers, Two Dollars and Fifty 
Cents, payable quarterly. 

To those who receive them, by mail, Two Dol- 
lars, payable In advance. 

To those who take their papers at the office, in 
bundles, or otherwise, a deduction from the city 
price will be made. 

A handsome Title Page and Table of Contents 
will accompany the last number of the volume. 



PTTBLISRSn BT 

HARRY CROSWELL. 

Warren-Street, Hudspp. 

WH|IR« PRTHTING tV GBREftAL fi »X««*' 
TSD WX7X SLKaAtrCB AV9 ACeV1lA<^' 



.No.: 14. 

i< ~ 



COLUMBIAN 




Vot. IV. 




REPOSITORY. 



•* HAIL UCKIO FOLltT, >Y FRBBDOM REAR'O I 

" HAIL tACRXO FREEDOM, WHEN BY LAW RESTRAXN'o !'* 

UATTIS. 



HUDSON, (New.York) TUESDAY, April «, 1805. 



« 



oBtiitoriaL 



[subject concluded.^ 



T. 



HE efkSt of Judge Chasb's ar. 
fwer upon his enemies was aftomfliiDg.-*- 
Some it c^vince<I..»»others it eonfounde;!. 
From the moment it was read in the Seii- 
«le» ** the charm diflblved apace'\...the 
fcalet of juftice evidently began to incline 
to the Gde of the accufed^ The friends o( 
the Judge took courage ; and tbofe \^ 
bad relotred to get rid of him at all e^renu, 
fetlDg with what rapidity the honefi ol th;. ^ 
party deferted their ranks, and went 4^ver 
to the fide of innocence^ manifefted their 
obagrin and dirappointment, by the poll 
malevolent and bitter, ynd, at the {$mr\ 
time, impotent, raving agahift all, of what- 1 
ever fefi, who had honefly and indepen* 
ilence enough to oppoCfi their fchen^ of 
porJe^utionf 

Ip vatn, however, did the Virginiian Ma- 
rat, attempt to deftroy the Judge by a ptr 
ty dtvifion. Honeil men united ! Virtue i 
triumphed ! The wicked were defeated ! 
....And THE Pj:OPI,6 •• WILL RE- 
JOICE r 

Amongft thofe of tl>e democratic party, 
who had the firmnefs to a£l according to 
the diQatei of their confciences, we ob< 
ferve, with (incere pleafure, the Senatoi^ 
from this State and Vermont. This^au 

. gurs well :- And we are not yet without 
hope, that the State of Ncw-'Vork wir 

' eventualfy uke a^rftand in the union the 
moft commanding, elevated and honora- 
ble. 



CONSTITUT10N..KILLING. 

THOROUGH-going, f ufUblooded de- 
mocrats, whatever may be their pretentions, 
are naturally averfe to written conftitutions 
— becaufethofe who believe that the lile,tbe 
liberty, and the property of individuals, 
ought to be <at the difpofai of a majority of 
the whole people, mufi of courfe believe, 
that fuch majority does not require the con- 
trol of a written rule. Men who hold fuch 
ideas of govemyient, wtll not allow that 
one fet of men have^ right to make a con- 
fiitution which (hall be binding on the geii<» 
eration that may fucceed them. Aoiongft 
the party ufualljT ftyled democratic in the 
United States, there are great numbers who 
adhere to this vifionary notion. In Penn*^ 
fyjvania, particularly, there is an enor* 
mous mafs of that ungovernable ftuff, call- 
ed democracy. It has ufually been em- 
ployed by the demagogues of that ftate, to 
overbalance found principles ; and in two 
inftances has been ftirred up to open in» 
furrefiion. The leaders of the mob in 
Pennfylvania,have been able, in Tome mea- 
fure to ^nceal themfelves, by means of 
having a moft convenient fervant, ftyled 
by himfelf, tl^e Organ of the Public Will; 
but with more propriety called the Tocfin 
$f Inf urgency, William JDuane, editor 
of the Aurora, has been the oftenfible dic- 
tator ; and it is a melancholy, truth, that 
his mafters, thro' him, have, for feveral 
years, ruled the ftate, by giving a tone and 
dire£Uon to the popular voice. Ol late, 
however, fobcr and fenfible people have 
beep endeavoring to make a ftand againft 
the wild fpirit of innovation and anarchy 
which has ever diftinguiQied the Pennfyl. 
vania mofa. They have looked up to the 



judiciary for protefiion. The judiciary 
has c#nfeqocDtly been afTailed. The con** 
ftitu'tion fu^ports the judiciary. Hence 
arifet ttM^hftredof the Pennfylvania jacd* 
bins towards the conftitution : And thia 
brings us to the immediate objeft of tbia 
article. 

Since the acquittal of the Pennfylvania 
judges, the Auroraites have come to the 
defperate refolution •f deitroying the con. 
ftitution of that ftate. The leaders of the 
faSion ai% circulating petitions among the 
lower clafles^f people, praying the legifla* 
turetocalla convention to frame anew con* 
ftitution, or v. alter tlie prefeot one in fuch 
manner as to render the judges dependent 
OB the kgifltfbre, and to elect the mem« 
bers of both boufes every year. The Au* 
rora advocatts the meafure ywcA. it is faid^ 
vaft numbers of (^natures to the petitions 
are. obtained » Tbefe proceedings of the 
jacobins have created fuch an alarm, that 
the ufual party diftin3ionsare entirety laid 
afide. Federalifm and Democracy, as they 
formerly ftcod, appear to be forgotten. 
The federaltfts, generally, and the moft 
refpefiable of the oppolite party, unite 
under the appellation o{ Conftilutionalijls : 
and the dilorgaoizing fafiion are diftin* 
guiihed by the name of Revolutionijls. 

We have given this hafty iketcb, tbat 
the reader may b^ enabled to under ftand 
whatever may heUeafter appear on this fub« 
jeA : And we take this opportunity to re« 
mark, tfut we de|nn the diftin£lion above 
mentioned* as eJbry way proper to be •• 
dopted tfurooghont tlie United States. It 
is no longer dotfbted by any one, that a 
U^ion exifl^ ami^ft us, as hoflile to the 
federal coiii^.itutiof], as the Aurorait'ts are 
to the conftMutioii of Pennfyl vania. I( i< 



106 



£1^ 2£^^anee* 



Fofe'1805. 



alfo evident thaf, of the party pfually fty- 
kd democratic, there are many who are 
fincere friends to the conftitotion* It is, 
therefore, high time to bory the ordinary 
party names in oblivion ; and in liuure, 
let^us divide on one queftton onlv....A 
CONSTITUTION or NO CONSTI. 
TUTION. 

A CONSTITUTIONALIST^ 

THE following kticr from the Hon. 
James Elliot, to the people of the South- 
Eaftern Diftrifl of Vermont^ has b^cfn on 
file for publication feveral wfek^, owing 
to a great prefs of matter more immedi- 
ately imerefting. It is now recommended 
to the attentive perufat of every, reader. 
It contains facts and principles important 
to all. Mr. Elliot is an honeft conftitu- 
lionalift. His integrity fs animpeached— > 
his character unqueffionable. He ranks 
with the democratic party ; but U too in- 
dependent -to follow any leader but his con- 
fcience. Happy would it be for our coun- 
try if all our legiflators bad fuch leaders. 

WASHINGTON, MC. 21, 18O4. 

FELLOW CITIZENS, 

I have received information that I am 
again honored, hy a grett majority of 
your fuffrages, with a fearifi the nation- 
aflegiflature. This eleaion, which bad 
been made in oppofition tir the influence, 
not only of innumerable falfhoods and 
ilanders, but alfo of a caucus of many of 
your reprefc^tativcs in thoGeneral Aflem- 
biy, who liflened with too treat facility to 
ihc falfe reprefematioas 01 my inlereftcd 
enemies, has excited emotions in my mind 
which I fliould in vain endeavour to ex- 
prefs.^ 
^ Almoft at the moment when the clec- 

. lion was commencing, my coafctcnce dic- 
tated to me a diiTent from the articles of 
impeachment againft Judge Chafe, Adopt- 
ed by a great majority of the friends of 

* the adminiilration : and as my conduQ 

- in that cafe has been reprefented as incon- 
fiftent, and as the political madnef« of the 
times, in certain diftri&s, has poifoned to 
their fources the dreams of private confi- 
dence, I (ball coofider it my duty hereaf- 
ter 10 explain my condufi to my conllitu- 
ents through the chminel of the newfpa- 
pers. 

In the coorfe of 4he laft feffion, Mr. 

- Randolph demanded ihc appointment of a 
committee to enouife into the official 
condufl of Judge Chafe, without produ- 
cinga finglcacufatioaagainft him ; and al- 
though at the time oTmaking the motion, 
the ufual liour of adjournment was ap. 
proacking, be Biade every poflible effort 



to prevent an adjournment^ and (o produce 
an immediate^deciCon upon the qiieftlod. 
In this attempt he was difappointed, but 
the motion ultimately pafTcd by a great 
majority. It was oppofed by myreltand 
others, froma conviflion that it waa im- 
proper to delegate to a fl!cret committee, 
powers of an inquifitorial nature, in rcta- 
tion to the condu£l of pulic officers, when 
no fpecific accufations were exhibited. 
The committee, aftei feveral weeks fpent 
in laborious examination, reported to the 
Houfe, almoft at the clofe of the feffion^ a 
confiderable volume of ex parte teftimony, 
confifting in a great meafure, of the private 
opinions and fufpicions of lawyers, who 
confidered themfelves as brow-beaten by 
the Judge ; with this curious evidence, 
however, were mingled many fa£ls of an 
important nature. This teftimony was 
immediately publiQied in the newfpapers, 
contrary to every principle of law and juf- 
tice, and the eKcR of this publication muft 
have been alttK>ogb the intention might 
have been good, to condemn the Judge in 
the public mind, before he ^ould have 
time to prepare his defence. This, how- 
ever, I do not charge to the account of the 
committee or the houfe. Even the report 
of the committee did not prefent any partic- 
ular charge againft Mr. Chafe, to which he 
could apply his defence ; it only recom- 
mended an indefinite impeachment for 
high crimes and mildemeanors, upon the 
volume of evidence. In this book I dif- 
covered no ground of impeachment, ex- 
cept in (he condufi of the Judge in the Iri- 
al of Callender, to whom I thought con^ 
ftitutional privileges had been denied, 
and upon that ground alone I voted for the 
impeachment. My fpeech on that occa- 
fion was publifhed in all the newfpapers 
which have any confiderabie circulation 
in the diftrifi, and appeared to meet the 
approbation of a great majority of my con- 
flituents.— In this crude ftaie, except that 
articles were reported and not a6led on, the 
impeachment came over to (he prefent fef- 
fion, early in which the articles v#ere re- 
committed. — The committer to whom 
they were referred, without any powers 
for that pur pole, rmde^ new enquiry, and 
reported two new articles. As in this re- 
port the condu£l of the Judjje in Callen- 
der's cafe was not confidered a& a violation 
of the conftiution, and ^s I had alWays 
been prepared to fay that if it were not 
fuch a violation it ought to be confidered 
as a mere error of judgment ; as the new 
articles, in my opinion, were reported 
without authority, were unfupported by 
evidence, and were infignificant in them* 
felves , and it was impofRb'e, to obtain a- 
raendments, I was under the necefCty of 
voting againft every article upon the final 
queftion. 
Thefc proceedings, from firft to laft, 
|l have appeared to mc to conftitute one of 



the greatefi flrides towards the eftabliih- 
ment of an ariftocracy in our country, that 
we have ever' witneffed. Being in the 
minority, my vipws of the fobjeft will 
f probably be pronounced erroneous. But 
when I refl^a - that one of the high 
crimes for which Judge Chafe is impeach- 
ed is neither more nor lefs than the ex« 
preffion of a political opinion, I cannot 
but tremble, not only for theconftitution- 
al independence of the judiciary, but for 
the liberties of the people. 

I am accufed of afiing under the influ- 
ence ol ptffion. It is falPr. No member of 
Congrefs canexamine important queflioos, 
with more attention, or deride upon them 
with more coolnef s than myfell.^-I am char* 
ged with felfifh and ambitious views. Tbii 
charge is falfe alfo. Had (uch been my views, 
as I early taw that certain violent and am* 
bitious men, the more dangerous for be- 
ing honeft and enthufiafiic, p^fTefs an al- 
moft irrcfiftible influence upon our poli- 
tics, and believed it probable that the day 
would come, wlien iney will have in their 
hand tbedifpofid of the offices and faonora 
of the nation, I ihould have entered in 
their train, and might have calculated up- 
on receiving the reward ofttry fevility 
and apoftacy. But I have chofen to pur* 
fue the path of independence and integri- 
ty, a path planted thick with thorns, but 
leading through the dark valley of pov- 
erty, to the bright temple of honeft fame. 
Again it is (aid that I do not follow the 
republican feaders*-— — This is true ; and 
I never will follow them when I tbink 
them wrong. Legiflators- ought to have 
no leaders ; we muft not be led at all, or 
we muft be led to deftruAion. Whatever 
opinion the world may entertain of nay 
difcarnment, the j>€ople have told me, by 
their fuffrages, that I am not to conlider my- 
felf as ftanding on inferior ground to other 
members ; &I (hould be a traitor to their dig. 
nity, as well as totfieir interefts, were I to 
acknowledge any leader. — Were I doOHltd 
thus to difgrace my conftituents, I (houhl 
at leaft a(k permiflion to wait till men of 
folid talents aiK) correCl principles were 
elevated to the rank of CongrefTional com* 
manders. The doQrine, that legiflators 
are to be difciplined like foldiers, and that 
we ought to fupport our party when we 
think it wrong, is anti.repnblican, immor- 
al, irreligious, and deteftable. 

My principles remain unaltered. Tbey 
never can be changed. Whoever (hall 
hereafter govern our ^<^ntry, I (hall fup- 
port the general fyftem of their adminif* 
raiion,as fuCh, and not a» a party, fo far as 
I (hall in confcicnce deem their meafurei 
promotive to the public good : and of con* 
ftitutionaLliberty« 

I am preparing for publication, ai the 
clofe of the prefent feffion, a courfe of 
letters to my conftituents, embracing a 
full view of my congrelfioual conduC^,. 



Now 14.> 



(9^ SS^alattee^ 



107 



and of fbe political Hate and profpeA of 
the nation* 

JAMES ELLIOT. 



?ROM THE CONNECTICUT COURANT. 

An attempt /# explain " j£gis.** 
IN Mr. ^effcrfon'i fecond Inaugural 
Speech, which it was hoped would be more 
imelligible than bis firft, we are tdd, that 
** the aboriginals ot tbefe countries (mean- 
•*, ing probably the Indians oitkis country) 
^* . are covered by the jEgis of the law." 

The increafe of political notions of late 
years, doubtleCs apologifes for the coining 
ok sew terms ^nd phrafes to exprefs them 
bjr ; but thei|,Tome notice (hould be.giv- 
en, what thefe new terms arid phrafes are 
iDteoded to iland ior ; ^% there is yet a 

Crt ol the community who find it bard to 
Heve and applaud what they do not un- 
d^ftand. It. may be learned irom its con- 
nexion indeed* that this Rrange word jE- 
£'Sf means fomething different from the 
w itfelf, the ordinary 'ioftrument of pro- 
tefiion ; alfo.that it means fomethiDg that- 
lias relation to the law ; and furthermore^ 
that it meant fomething that can cover Indiw 
ans ; but what this fomething is,, whether it 
be the fcabbard of the law, in which maqy 
plaice fafety ; or the fword ot the law, 
Of whidi amounts to the fame thing, the 
£xecQ4»r of the law, the Prefident, we do 
not ihence learn. Nor is any light attain* 
a^fe firom Johnfon's dictionary, the Hand* 
ard oi the.Engliih language. In fhort, 
j£gis is a Latin word, or rather a latini* 
zation, ot the Greek word Aix^ which 
fignifiesa (he-goat. Is it then the (he- goat of 
the law that covers the. Indians ? A (he- 

foat cannot furely l>e emblematical ot the 
Executive Chief, for the fex is wrong. 
And even if we (hould take the liberty to 
change the fex, and read he-goat, the em- 
blem would be no fitter, for fiill the goat 
wilLbea filly animal, and alfo wear a long 
beard | pnd a$ to covering by way of pro- 
t^fiion, he is the firft to flee to the moun- 
tain upon the approach of an enemy. No, 
neither (he-goat nor he^goat can be the 
trye reading here. We muft theref«^re 
drop the literal fenfe, and feek tor a rocLa- 
phorical one : which is to be foynfi »n th'^ 
genealogy of the gods^-thofe twenty ^oiU. 
more or lef*, which appear in Mr. J ffr^ 
Iqu's Notes on Virginia ; and which he 
foppofes a man may as well believe in as 
tQ believe in one God, ^s to any eifcd ir 

can have upon his conduQ. v 

The goat Amaithea, which had fuckle^ 

Jove, being dead, that god is faid to have 

covered his buckler with the (kin thereof ; 

whence the appellation J£gis from aix, 



MGOS^Jte-goai. Jupiter,atterward8 reflor- 
ing the beaft to life again, covered it wkh 
a new (kin, and placed it among the ftars. 
As to Ws buckler; he made a prelent of it 
to Minerva : whence that goddefs' buck- 
ler is alfo called yEgis. From this foun- 
tain then, ot hidden treafurc, we have the 
thhig (ought for. And it appears to he 
Jupiter^ s buckler that covers the Indians ; 
for ^gii never fignified, or had reafon to 
fignify any buckler but ihis — afterwards 
given to Miverna. We can get no fur- 
ther, unlefs, by a bold figure of fpeech, 
we fubBitote the Prefident tor jupiter, or 
for Minerva, if Wifdom (hould fuit better 
than Thunder, in which cafe it will be the* 
Prejident's buckler that covers the In- 
dtans. — ^To talk of having got Jupiter's 
buckler onto ih^Law, is a jumble of facri- 
lege and nonfenfe, fufFcrable only when a 
Pbilofophift pronounces to the admiring 
multititttde, his own eulogy. 



miW'^ Closet. 



BRIBERY. 

Whil< tlie bill £br hicorponiting the Merdiant*s 
Bank was pending in the Assembly, the^democrats 
wiio were opposed to it, macle the unqualitied decla- 
ration, that, ** M republtc^n toottld vote /or it tmieu 
be bad been bribed ;** aiid great pains have been taken 

^ prove that it owed its final success to comtption* 
We are not inclin d to say, at present, whether we 

4)e]icve this or not : But, admhting for a moment 
that it is true, how does the account stand ? The 
house of Assembly is democratic, with an exceptioiv 
of only twelve members. The bill abovementioned 
passed ^y a majority of twelve, the federalists «U 
voting in favor of it. According to this curious log« 
ic, then, precisely one half of the democratrt mem- 
bers had been bribed. Lord bdp us I if this be true, 
what are welcoming to ? 

We learn, with great pleaswe, that Dr. Parfc, 
Editor of the Boston Repertory, has now in his 
possession, the celebrated letters of Jeffinrson to Cal- 
[ lender, concerning the infamous work, called ** 7be 
Prospect bejore £/«." Correct copies of these tetters 
are published in the Repertory / and it is onr inten- 
tion to give them, a place in the Bakmet at some fu- 
ture day. While such documents exist, it is ctuel 
^n Mr, Jefferson's advocates, to provoke an Investi- 
gation of bis moral character. 

To such a low pitch of degradation have the dem- 
ocrats of New-Hampshire fallen, that at their late 
! St. Jefferson's festival,they toasted * Negro Voters.* 
A toast vcty iit and proper for such an occasion, 

.RBPOftXATIOy, 

Mr. Jeffetton lately left the city of Washington 



WISDOM AND WINE. 

We find, m the Kewaric Centinel, a Itring of 
toasts, said to have been drank by a set of deiKo- 
crats,who hsEdiissembled to cdebrate Mr. Jefferson's 
second election' to the presidency. The originality 
and extreme Vsteness of aome of these toasts»' in- 
duces us to copy them for the ainnsement of oor 
readers. 

« Thomas Jeffievaon— may he centlnue in his lib* 
eral and patriotic exertiops^ through the succeeding 
four years to c<mu.** 

f* Both houses of Congress— May they deserve 
weU of their eomntry^t good and teeurity** 

Whit in the tuune of wonder does that mean \ 

«< The acqnisition of the territory of Looisiana^i- 
May it comport with our detirtd ^isbet, and be » 
lasting monOflDf 9t for futiiire ages.*' 

What sort of things are desired msbes f That iSkM 
acquisition of Louisiana will be a lasting monumeat 
'^of folly ^ no one can doubt. 

It appears, by the following toast, that neither 
the assembled democrats, nor. the Centinel printer 
had heard of Washington's death ; for they express 
great solicitude, lest he should commit enrora :— 

« George Washington— May his past yurtues nev* 
er be destoyed by his errors.** 

Bat the last toast is the most nrasical in the set. 

«< May each and every one set under his onn vint 
or shade, atid no O0e to si^y why art thou afraid.'* 

The editor of the Norfolk Ledger, thus intredncef 
the motions of the Congressional revolutionists for 
destroymg the Constitution of the United States : — 
•( 7bey^r4ige, reform, and madden ramd the tamP* 
** If any man hfa^hought that we, as well as th# 
great majority of Federalists, have been wronf^ 
in asserting that the motives of Mr. Randolph and 
his coadjutors, in the late prosecution of Judge Chase» 
were aeitiier meivtor less than the ardent wi^ en- 
tertained by their party tp destroy the hidcpendem:e 
of the Judieiary, and through this branch of thegov^ 
hnment, to destroy the Constitution of the United 
States in one of its hlost valuable provisions, let such 
person read the following proposed changes in the 
Constitution. It was found by General Sandolhk : 
that this fortress of liberty was not to be taken by 
Sc^ ; he has therefore determined to proceed with 
a regular and open siege % and, as a practicable 
breadvhas already been mside, he has disposed his 
forces and prepared for a regular attack : the ouu 
works are so much wjisred, and the defending gar- 
rison so weak, thefe is^ but tittle hope of the citadel 
holding out for any length of time. — At what point 
the rancor of the enemy may s^op, it is impossible 
to conjecture : there i5 however too much reason to 
fear that it will extend to universal destrucrion : and, 
even in our da/r the traveller, whai passing j^ver 
the sacred spot may, while meditating upo the 
scene of desolation, say « bsre stood the Constitmtitm 
of the United States. 

The following^ par t^graphs are exlraQed 
from the Mew England Palladium. 
Advice. — Read il^fe paragraphs ot the ^ 
late Inaugural Speech which refpefi the 
freedom of the prels— 4hen CaJtender*t 
•• Pr^^5*'— and i»xt Mr. Jefferiiin'i let- 
ters to Caiicnder* 

John Lakgi>on, Efq. is elefied Gov- 

, — , , _ .-.-^.„.^ — , ernorol AViv-^d7;;2^ar«-*-andthe nth of 

> for MonticeUo on pitarsdayy iBstead of his usual Ij April next is appointed as a day oi humili* 
starting da^, Swndty / ^ ation, tailiog^od prayer in thai Sate I 



108] 



g[^ ^amt: 



Vot. IVv 



are 



In, lAe Senate of the UniifdStaiis^ 

WTTING AS A 

High Court of Impeacbmcnt, 

ON THE 

Founi day of February, A, D. 1805. 

-l^tfiYaD fcTATsir «r. s^mvju^ «basb. 

Tfieanfw€$r, andpteas o/SAMVf.L Chase, 
one of the A/Jo date Juftices ofth^ Su- 
preme Court of the United States, to 
the articles of impeachment, exhibited 
againfl him in the faid Court, by the 
honorable, the Hdufe of Rtpr^fentaiives 

' of the Oniied States, m fuppori of their 
impeachment, againfi htm, for high 
crimes and mijaemeanors^, fuppofed to 
have been by htm committed^ 

[CpVCLUDBO.] 

THE eighth article of impeachment 
cbargf Sy that this refpondent, ** difregard^ 
ing the duties and dignity of bis omtial 
eharader did, at a circuit court for the* 
drftrifi of Maryland, held at Baltimore, 
in the month of May, 1803, pervert his 
ofiteiat right and duty to addrefs the grand 
jury then and there alTembted, on the mat- 
ters coming within the province of the 
laid jury, foi^ the purpofe of delivering to 
the faid grand jury an intemperate and 
inflamatory political harr«ag4ie# with in* 
tent to excite the fears and refentment 
ofthe faid grand jury, and of the good 
people of Maryland,againfiaiMr Sutegov* 
ernment atK) conftitution,'' and alio, that 
this refpondcnt, "under pretence of ex- 
ercifing his judicial right lo addrefs the 
grand jury as aforefaid, did endeavor to ex- 
cite the odium of the faid grand jury, and 
of the good people of Maryland, againfl 
the government of the United States, by 
delivering opinions, which were, at that 
time, and as delivered by him.highly inde- 
cent, extra judicial, and ten^g to profii- 
tute the high judicial ^harafier, with which 
he was invefted, to the low purpofe ot an 
cle£lioneering partizan/' 

' In anfwer to this charge this refpond- 
ent admits, that he did, as one of the affo- 
ciale juftices of the fuprcme court of the 
United States, prefide in a circuit court 
iield^at Baltimore, in and for the diflria 
of Maryland, in May, 1803, *nd did then 
deliver a charge to the |[rand jury, and ex- 
prefs in the conclufion of it fome opihr. 
ions as to certain public meafurcs, both of 
the goverment of Maryland and of that of 
the United States. But he denies that in 
thus aQing, he difregatded the dunes and 
dignity of nis judicial charader, perverted 
his official rignt and duty to addrefs the 
grand jury, or had any inteniion to excite 
the fears or refentment of any perfon what- 
r^er/agaioft the government andcorfli- 



tutfbn of the tJnited St^itfcs, or of Mary- 
land. He denies that tbie (entimenta, 
which he thus exprefTed^ were *• intempe* 
rate and inflamatory," either in fhem- 
felves or in the manner of delivering them ; 
that he did endeavor to excite the odium 
of any perfon whatever, againft the gov- 
ernment of the United States, or did de- 
liver any opinions which were, in any re{- 
peS indecent, or which had any tendency 
to proftitute bis judicial charafler, to any 
low or improper purpofe. He denies that 
he did any thing t4)at was unufuaI,improp- 
er, or unbecooHngin a judge, or expreu- 
ed any opinions but fucb as a friend to his 
country, and a firm fupporter of the gov. 
ernments, both of the State of Maryland 
and of thfe United States, might entertain. 
For the truth of what he here fays,. he 
appeals confidently to the charge it- 
felf ; which was read fron^a written paper 
now in his poifeffion, ready to be pro- 
duced. A true copy ot all fuch parts of 
this paper as relate to the fubje£l matter 
of this article of impeachment, is contain- 
ed in the exhibit^, marked No« 8, which 
he prays leave to make pari 0! this his an- 
fwer. That part of It which relates to the 
article now under*confideration is.in thefe 
words: — "You .know, gentlemen, that 
our State and national inftitutions were 
made to fecure to every member of the 
fociety egual liberty and equal nghi$; but 
the late alteration of the federal judiciary, 
by the abolition of the office of the fixteen 
circuit judges, and the recent change in 
our State conftitution by the eftabliflMng 
univerfal fuflFrage, and the further aUer% 
ation that is contemplated in our State ju* 
dietary, (if adopted^ will, in my judg. 
meiit, take away allfecurity for property 
and perfonfil liberty. The independence 
of the national judiciary is already fhaken 
to its foundation ; and the virtue of the 
people alone can reftore it. The inde- 
pendence of the judges of this State will 
be entirely deflroyd, if the. bill for the 
abolition of the two fupreme courts Qiould 
be ratified by the next general affembly. 
The change of the State conilitution by 
allowing univerfal fuffrage, will, in my 
opinion, certainly and rapidly defiroy all 
protefiion to properly, and all fecurity 
to pcrfonal liberty ; and our republi- 
can Conftitution will fink into a mob^cra- 
cy, the worfi of ali pofTible governments* 
•• 1 can only lamem that the main pillar 
ot our State conftitution has been thrown 
down, by the eftabliflhment of univerfal 
fuffrage. By this (hock alone, the whole 
building totters to its bafe, and will crum- 
ble into ruins, before m^n)> years elapfe,un- 
lefs it be rejiored to its original ftate. If 
the independency of vour State judges, 
which your bill of rights wifely declares 
** tot)e effential to the impartial adminif- 
eration of juftice, and the ^reat femrity to 
*he rights & liberties ot thep eople/'iballbe 



taken away,by the ratification'of.tbebinpaf- 
fed for that purpofe, it will precipitate the • 
deftruSJon of your whole State coofiitu* 
tion, an^d there will be nothing left in it,^ 
worthy the care or fupport oi freemen/* 

Admitting thefe opinion^ to have be'en 
incorre£l and unfounded, this lefpondent 
denies that there was any law which for- 
bid him to exprefs them, in a charge to a 
^grand jury ; and he contends that .there 
jean be no offence, without the breach oi 
:f6me law. The vtxy eflence 6f defpoiifra 
confifts, in puniftiing a£fs,' which, at the 
time when they were done< were forbid, 
den by no law. Admitting the expreffion 
of political opinions by a judge, in hia 
\ 9harge to a jury, to be improper and dan- 
gerous ; tliere are many improper and very 
dangerous a£ls, which not being forbidden i 
by laws cannot be punifhed. Hence the ^ 
aeceflity ot new penal iavu*; which are ' 
from time to time ena3ed for tlie prevea- 
tion of afis not before tor bidden, but found ' 
by experience to be of dangerous tended* 
cy. it has been the pra£lice,in this coun« 
try, ever fince the revolution, whtch fep* 
arated us from GreatBtritain,lor the judges - 
to exprefs from the bench, by way of. 
charge to the grand jury« and to enforce • 
totheutmoftoi their ability, fuch polit- 
ical opinions as they thought corre^ and 
ufefuf. There have been irrftances in- 
which the legiflattve bodies oi this coiin- 
try, have recommended this praQice to 
t^he judges; and it was addpted by the 
judges of the fupreme court of the United 
States^ as foon as the prefent judicial {yU^ 
tem was eftabliflicd. If the legiflature of » 
\hc United States confidered this pra3ice 
as mifchievous, dajigerous, or liable to^ 
abufe, they might have ;orbidden it by 
law ; to the penalties of which, (uch judg- 
es as might afterwards,trangrefs it, would 
bejuftiy fubjefted. By not forbidding 
it,'the legiflature has given to it an impli. 
ed fanflion ; and for that Lcj^^ifleture to 

Eiunilh it now by an impeachment, would 
»f to convert into crime by an ex poll 
faQo proceeding, an afl, which, when it 
was done, and at all times, before, they 
had themfclves virtually decisred to be 
innocent. Such condu61 would be utter- 
ly fubverfive of the fundanriental princi- 
ples on which free governments refl ; 
and would form a precedent lor the mod 
fanguinary and arbitrary perkcutions, un« 
der the forms of law. 

Nor can the incorreSnefs ot the poltt« 
ical opinions thus exprefl'ed, have any in- 
fluence in deciding ©n the guilt or inno- 
cence of a jj^^ge's conduft in expreffing 
them, for i( he fhould be coirfidered as ' 
guilty or irrocent, accordir>g to the fup- ' 
pofcd corrcftnefs or incorrefinefs of the. 
opinion, thus exprfflV^ by him, it would . 
follow, that eiror \r\ political opinion, 
howevei honcflly cnter-tainpd, might bo* 
a ctin^e ; and that a'paity in power might| 



m. u. 



€it Sfalantf ♦ 



109^ 



T»h I At -a 



J a ' 



■P^I^-^i»«TW<" 



P^""!^ 



uadcr.tbis pretext, deftroy any judge> who 
taight h^pea.in a charge to a grand jury^ 
toiay fQmetbing .capable of being coallru- 
edby them* into a political op inioD ad- 
vcrfe to their own fyftem. 

There might be fome pretence for fay- 
. ing« that for a judge to utter feditious len- 
timents, with intent to excite fedition, 
would be an impeachable offence ; al* 
^thoagh fuch a do(lrine would be liable to 
the aaoft dangerous 'abufe ; and is hoASe 
ioibe tuodamenul principles ofourcofi- 
fiitutiont. apd to the bed eftabhfhed max* 
imaolour criminal jurifprudence. But 
adfl^^tipg ^^^^ doflrine to be correal, it 
cannot be denied that the feditious inten- 
tion* muft be proved clearly* ^either by_ 
tlie moft neceffary implication from the 
vroids tbemielveS) or by fome overt a£lt of 
a feditious nature conneSed with them, 
lotbe prefent cafe no iuch a£l& areal- 
/edged, but the proof of a feditious intent 
muft reft on the vrords themfelves. By 
ibh rule this refpondent is willing to be 
Judged. XiCt the opinions which he deliv- 
ered, be examined ; and if the members of 
this ^nocable cour^t can- lay their hands 
09 their hearu, in the prefepce of Gad» 
and A^ ^h.^( \^^^^ opinions aie. npt only 
ecronepus^but feditious alf9; and carry 
witl^ them internal evidepc^ of an inten* 
tipn iiv-this r^ppndeni to excite fedition, 
either againft the St^te ojr general govern- 
iqent» jbe is c<^ntent to be found guilty« 

la puking thi/i examination* let it be 
bofoe-ia mind, thatio oppofe a d^pendin^ 
mea&ire, by *endeavof ing to coavince the 
public that ic is improper and ought pot 
€0 be adopted ; or to promote the repeal 
of a law already paft, be endeavoring to 
convince thevpublic,that it ought tQ be re* 
pealed, and that fuch men ought to be 
cle£led to the legiflature as will repeal it, 
to attempt in fine* the corredion of pub- 
lic meafures^by arguments tending to (hew 
their improper nature, or deftruftive ten- 
dency ; never has beeQ qr can be confid- 
^red as fedition, in any country, where 
the principles of law and liberty are ref- 
pe£led $ but is the proper and uluai ex- 
ercife of that right of opinion and fjpeech, 
iwhieh conftitutes thedillinguifhing feature 
* of a free government. The abufe of this 
privilege, by writing & publifliirtg as fafts, 
«nalictous lainioodi> with intent to defame, 
is punifh^bie as libellous, in the cbuftstiav 
ing jarifdiaioa of fuch offences; where 
the truth or fal&ood ot the fa£ls alledged, 
«nd the malice or corre&nefs ol the in- 
tention, form the criterion of guilt and in- 
nocence. But the charafier of libel- 
lousy much lefs of feditious, has never 
been applied to the e)^reflion ot opinions 
conc^ning the tendency ot public meaf- 
ure$,or to arguments urged for thu pur- 
pQfe of oppoOnff • tbeiQ, or effe£ling thei^ 
l^peal. To apply the dg£lriac ot fedition 



or of libeU to fach caf^s, would in{lantly 
deftroy all liberty of (peech, fubyeri the 
main pillars of free government, andcpn- 
vert the tribunals of jafU'ce into engines qI 
party vengeance. To condemn a public 
meafure, therefore, -as pernicious in its 
tendency ; to ufe arguments for proving 
it to be fo ; and to endeavour by thefe 
means to prevent its adoption, if ftill de- 
pending, or to procure iis repeal in a reg- 
ular and coqilitutional way,if it be already 
adopted ; can never be confidered as fe- 
dition, or in any way illegal. 

The firft opinion cxprefled to the grand 
jury on the occafion in queftion,; by this 
refppndent, was that ** the late alteration 
of the federal judiciary, by the abolition qf 
the office of the fixteen circuit j udges ; 
arid the recent change in. our State copfti- 
tution, by eflahliflring univerfal fuffrage ; 
and the further alteration that was then 
contemplated in our State judiciaryi if 
adopted ;*' would in the judgment of 
thia refpoodent, ** take away all fecuriiy I 
for property and perfonal liberty." Tbat{ 
{.«, ** thefe three meafures, it the laft of 
them, which is ftill depending, (hould be 
adopted, will, in my opinion, form a fyf- 
tem whofe pernicious tendency, m«>fi be, 
to take away th^ fecurity Jor oar property 
and our perfonal liberty, which we have 
hitherto, derived from, the falutary re- 
flriQions,laid by the authors of our confti- 
tutions on the n]j;ht ot fuffrage, and frpm 
the prefent conftuution of our courts of 
juflice.^ What is this but an argumeat 
to perfuade the people of Maryland lo re- 
jea the alterations in their State judiciary, 
wliich were then propofed ; which this 
refpondent as a citizen of that State had a 
right to oppofe ; and the adoption of which 
depended on a legiflature then to be cho- 
fen ? If this be fedition, then will it be 
impoffible to exprefs an opinion oppo&te 
to the views of the ruling party of the mo- 
mem, or to oppose any of their meafures 
by argument, without becoming fubje3 
to fuch punifhment as they may think 
proper to infllQ. 

The next opinion*4s, that *• the inde- 
pendence of the national judiciary ^as al- 
ready Awaken to its foundation, and that 
the virtue of the people aloqe could reftore 
it." In otlier words, *• The a6t of C09. 
grefs, for repealing the late circuit court 
law, and vacating thereby the offices of the 
judges, has fhaken to its foundatioo the in- 
dependence o( the national judiciary, and 
nothing but a change iu the reprefeniation 
of Congrels, which tfie return ol the peo» 
pie to correft feoiiments alone can effeft, 
will be fufBcient to produce a repeal of 
this aft, and thereby reflore to its former 
vigour, the part of the federal conftitution, 
which has been thus impaired* 

This is the obvious meaning of the-ex- 
prefiion i and it amounts to nothing more 



than an argument in favor of that change, 
whi^ch this itfpondcnt then i]w)ught and 
dill thinks to be very defirable ; an argu* . 
ment, the farce of which as a patriot he . 
might feel, and' which as a tree man he had 
a right to advance. 

Thetiext opinion is that ** the independ* 
ence of the judges of Maryland, would be 
entirely deflroyedit the full for abolifhing^ 
the fopreme courts ihould be ratified by' 
the next General affemhiy" — This opinion, 
however mcorre£l it may be, feemsto bavo 
been adopted by the people of Maryland, 
to whom this argument againft the bill in 
queftion was addreffed : for at the next 
feffion of the legiflature this bill, which 
.^ent to change entirely the confthu* 
taonai tenure of judicial ofHces in the 
ftate, and to render the f ubfiflence of the - 
judges depeodetlt on the legiflature, and 
their continuance in office oft the execu- 
tive, was abandoned by common confent* 

All the other opinio^is expreffed by this 
refpondent^ as above mentioned, bear the 
fame cIiaraQer with thofe^ already conGd* 
cred* They are arguments addreffed to 
the people of .Maryland for the purpofe oi > 
diffuadinff themfrom the adoption of a 
meafjiire tnen depending ; and of inducing 
them, if poffible, to r^ore to iti^ original 
(late, that part of their conftitution rela* 
ting to the right of fuffrage, by a repeal o£ 
the law which had been made for its alter* 
ation^ . 

Such nfire the objefis of this refpondeni 
indeliv^ng thofe opinions, and ne coiu 
tends tltfA they were fair, proper and legal 
obje£lsi mi that he had a right tp purlut 
them in this way : a rigbt fanftioned by 
the univerfal pra€lice of this country, and 
by the «tquiefcence of its various legifla^ 
tiveauiborities. Such he contends, is tl)e 
true andobvtous meaning of the opinions ' 
which he delivered, and which he believes 
to be conred. It is now neceffar^ to en* 
quire into their corre£lnefs ; but, if tncor^ 
re8, be denies that they contain any thing 
feditiottSy or any evidence of thofe improp* 
er intentions which are imputed to him 
by this article of impeachment. — ^He de- 
nies that in delivering them to the grand 
jury, be ccpimhted any offence, infringed 
any law, or. did any thing unufual, or here- 
tofore confidered in this country as im- 
proper or unbecoming in a judge. It this 
articl«^f ifi^peachment can be luftained on 
thefe gr6und«, the liberty of fpeech on na- 
tional concerns, and the tenure of the judi« 
cial office under the government of the U« 
nited States, muft hereafter depend on the 
arbitrary will of the Houfe ot Reprefenta- 
tives and the Senate, to be declared on 
impeachment, after the aSs are done, 
, which it may at atiy time be thought ne- 
neffary to tr««t as high crijxies and mifd&- 
meaaorst 



110 



Cjge 2?d[dnce. 



For 1805: 



And the faid Samael Chare, for plea to 
the raid eighth article of impeacnmenf, 
faith* that he is not guilty otany high 
crime and niifdeineanor» as in and by the 
faid eighth article is alledged agai^ft him, 
and this he prays may be inquired of by 
tMs honorable court, in fuch manner as 
law and juftice (hall feem to them to re- 
quire. 

This Responpent has now kid before 
this honourable courts as well as the time 
allowed him would permit, all the ch^cum- 
ftances, oi his cafe, with an humble truO 
in providence, and a confcioufnefs that he 
has difcharged all his official duties with 
joflice and impartiality, to the beft of his 
knowledge and abilities \ a^d,that intention- 
ally he hath committed no crime or i^fde- 
sneanor, or any violation of the cohflitu- 
tion or laws of his country. Confiding in 
the impartiality, independence, and integ- 
rily» of bis judges, and that he will patient- 
]y })ear, and confcientioufly determine this 
cafe, without being influenced by the fpiri( 
of party, by popular prejudice, of political 
motives, he cheerfully (qbmits bimfelf to 
their decifioo, 

It it (hall appear to this honorable court, 
Irom the evidence produced, that he hath 
aCled in h\$ judicial charafler with wilful 
injuftice or partiality, lie doth not wifh a- 
ny favour ; but expefi^ (hat the ^hoie 
extent of the puni/hnjent permitted in the 
conditution will be infli6fed upon hiin. 

If any part of his official conduQ (halt 
appear to this honorabfe CQurtiJiriHi juris, 
to have been illegal, but to have proceed- 
ed from ignorance or error in judgment ; 
or ii ai^y part of his conduft fliall ^pear, 
although not illegal, to have been iiregular 
0T improper, but not tohaveflowilfrom.a 
depravity ofrheart.orany unworthy motive, 
Ibe feels coofi^t that thts court will 
snake allowance for the imperfffi^ons i^nd 
frailties incidental {o man. 

He is (atisfied, that every menmber of 
this tribunal will obferve the princtnles of 
humanity and juftice^and w\\\ prefutne him 
innocem^ until bti gmkfiiaflbecftabliOied 
by legal and credible witnefles^ and will 
be TOverned in bis decifion, by the moral 
and chrillian rule of rendering that juftice 
to this rtfpondent, whi^rh he would wi(b 
to receive. 

This refpondant now ftands trot merely 
before an earthly tribunal, but alfo before 
that awful Being whofe prefeace $lls all 
fpace, and whofe a}l-fef ing eye more Spe- 
cially furveys the temples of juftice suid 
religion. In a iiitle tiocie, bis aecufers, his 
judges, and bimfelf, muft appear at the bar 
ot omnipotence, where the feprets of all 
hearts fhall bedifclofed^ and eie^ry human 
being fliall afifwer for))is deeds 4one in the 
body, and fliall be compelled to give evi« 
dence againft UmfeD, in the presence of an 
yQembkd.aoiveffe* To bis Omaifcfent 



Judge, at that awful hour, be now appeals 
tor the re£litude and purity of his conduQ, 
as to all the matters of which he is this day 
accufed. , 

He hath now only to adjure each mem- 
ber of this honorable court, by the living 
GOl3, and in his holy name, to render im- 
partial juftice to him, according to the con- 
ftitution and laws of the United States. 
He makes this folemn demand of each 
member, by all his hopes of happinefs in 
the world to xome, which fjc will have 
voluntarily renounced by the oath he has 
taken, if he wilfully do this refpondent 
injuftice, or dilregard the conftitution or 
laws of the United States, which he has 
folemnly fworn to make the rule and ftand- 

i^ard oi his judgment and decifion. 

^ • SAMUEL CHASE. 

A True Copy, Attest, 
SAMUEL A. OTIS, Secretary. 




Be it our weekly task, 
Tq nott the passini^ tidings of tbe tim«f . 

S OMETHING NEW ! 

g4r THE citi^ns of Hudfon are this 
day to witnefs a rsire fcene«.,..a city elecr 
tion without conteft ! We mention thfs 
as a proof oi the conciliatory difpofition 
of the federalifts, who, although they have 
a clear majorky in the city, have yielded 
up to their political opponeuts a majority 
of the offices^ 

A refolution has palTed the Senate of 
this State, (by what maj<)rity we do not 
learn) direfting the Attorney-General to 
commence a profecution again ft James 
Cheetbam, editor of the American Citizen, 
for his indecbrous remarks on the propeed- 
iqg9 of that body. 

BEWARE OF QUACKS i ! 

THE following panicular$ relative to 
the trial of John Johnfon, for an jndift 
ment of Murder^ \i communicated to us 
by a gentleman who attended the court. 
We hope it may inftruCl the crcdulops, 
and form a leflbn for thofe who are too 
often employing fuch vile impofter^ of 
phytic, who are continually ranfacking the 
country; •• fceking whom tfiey may de- 
vour/* 

At the laflTebruary term of the fupreme 
court of this State, holden at Manchefier, 
in the county of Bennington, came on the 



' trial of Jahn Johnfon, who wa< indiSed 
for the Murder ot Mifs Everts, a younj 
girl of Sunderland, in faid county.— The 
evidence given againft the prifoner, on the 
part of the State, was to fubflancci That 
the faid Johnfon had fet himfetf up in the 
vicinity as a cancer Dofior, and pretend* 
ed that he bad performed miraculous cores 
in that and many other diforders. The 
parents of the deceafed bearing^f hisj^«i<^ 
feni for him to call and fee tl^ir daughter, 
a girl of about 18 years of age, who had 
been delirious for fo'm^ time, fo that they 
were obliged to confine her. Upon the 
faid Jahnfun's calling on her parents they 
inquired of him whether he could cure 
their daughter 7 — He faid he could moft 
certainly cure her — that he had cured ma« 
ny perfqns, apparently in the fame fitua* 
tiotu He was then enquired of where he 
had acquired this great ikill above all oth« 
er Po3:ors ? He faid be had read a great 
many German authors and had acquired 
much knowledge, and had got much in* 
formation from the native Indians, be tho't 
more from thelodians than any other quar- 
ter. He then obferved that (he moil \yt pi)t 
to fleep, or laid as he expreffed it. The 
motber fearful he was about to adminiftev 
opium, faid,I fe^r you are about to give my 
daughter opium, The refpondent aofwer? 
ed he i^puld not give her opium. He 
(aid he hsid an Indian root, which put in 
rum would foon lay her, and hre&k the 
charf^, and when (he awaked (be would 
be perte£lly well. He then went away 
tdz neighbor's houfe^ to prepare his med^ 
icine, w^here he was feen to put a larga 
q^aiHity ol opium into water, the quantity 
xotitd itot be accurately afcertained, but thie 
witn^fs faid he (houTd judge enough to 
kill three^perfons. He returned to his pa- 
tient again after looking attentively thro^ 
the Almanack, and the ligns in particular, 
he obferved, that it was as good a tinoe to 
adminifter his medicine that day as any^ 
but it would take double the quantity of 
rum to lay her that fjay to what it would 
the next. He then had nearly a quart oi 
rum, and a fpiali ve(fel given him to pot 
in and mix his medicine ; with which lie 
went to the ruom where the girl was con-: 
fined and obferved that he moft be alone 
with her and mu(l not be di{lurbed till he 
had laid her. 

After he har^ been aloae with the girl a. 
bout tialf an hour the mother and a fon 
went to liften, being anxious to know what 
was going pn irt the room, heard nothing 
but the girl fay ^ct away, which the witnefi| 
faid was a common fxprefnon to the fam- 
ily if any of them only fpoke to herr— tfiey ' 
fooii returned. The mother being very 
uneafy, went and opened the door, found 
the refpondent near it, her d;«ugbter being 
applrentiv lifelefson the floor^ in a inoift ' 
fweat. She was hon taken u|p, 4re0bd iq * 



,Ko^tJ^' 



W^t 25arattte. 



Ill 



«is: 



; another apparel and put into bed, whicTi 
was about 3 o'clock, P. M. The Doaor 
obferved that he muft have fomething to 
drink, for he had llad a very hard time of 
it in laying Aer, and the rum which he had 
taken in the room with him was gone. — 
The girl appeared ftill to be nearly expfr- 
ing, which alarmed the family. But the 
Dofior affttred them (he would foon awake 
•nd be perfeBly well. The girl remained 
in this fltuation until about one or two 
o'clock at night, the family- being in bed 
except the mother, the Dodor propofed to 
go to bed to the daughter, and obrerved it 
was neceflary,— and that they being alone, 
it would not be known, (or words to that 
import.)^ The Do3or immmediately 
{prang into bed, put his arm around tfce 
girl, turned her face towards him — fJie 
foon puked on the do6lor, when he tmme. 
diately ^uittha Bed. The girl expired in 
a few minutes. 

There was ftrong TuTpicion entertained 
that'tbe Dofior was guilty of obfcene con- 
duS while alone with the girl. But there 
was not evidence fufficient to laiisfy the 
Jury of that fafi.-*— 

The Jury 3fter retiring abont three hours 
foand JohnCon not guilty, of murder but 
guilty of Man/laughter. 

The court fentenced him to receive ihir- 
ty nintfiripes, to fland in the pillory one 
hour, t0 pay coji, and /land committed un- 
til Jinttnce was complied with. 

[Rutland Herald}' 

The Courts of Oyer and Termtner ai^d i 
GeneralGaol Delivery, in and for the coun- 
ty of Bergen, (N.J.) will be held onTuef- 
day next. — Rumour fays, that Aaron Burr, 
Efq.the late Vice Prefident, willatiehd to 
traverfe his indi£lment. Indeed it is be- 
lieved to be reduced to a certainty. This 
qaeftion, which has for fome time p^fl 
friven rife to conGderable difcuffion, will 
foon, in aU probability be put to reft. 

[^Hackenfack paper."] 

Captain Churnfide, of the brig Venus, 
arrived at Charlefton in >; days from the 
Havannah, (ays that on the 8th inftanf, in 
lat. 98, he was boarded by the Briiifh Let- 
, terof Marqiie (hip Allen, Capt Ready, 17 
days from Montego Bay, (J=im.) who in- 
formed that orders had been given bv^the 
Admiral on that (lation, clof^Iy to block- 
ade the port of- Havannah, and that no vef- 
fels whatever be permitted to enter. 

{^Mercantile Adv.] 

A late fire at Kingfton, Ulfter county, 
threatened deftruftion to the whole village, 
but was fortuunateiy cxtinguifhed, after 
having laid in afhes, the barn and fliop^f 

iudge Bancker — the houfe and^ barn of 
Ir. William De Waal, and the barn and 
iwo bu-racks «f Mr. Abraban UoSfnan, 



as 



HALIFAX, FEB. 23. 

It is faid, •• that the interconrfe between 
this Province and the United States, hith- 
erto authorifed by proclaraation,*wilI be 
difcontinued afieriihe firft of May next, 
unlefs fome urgent Beceffity, occafioned 
by the failure of crops, fliould require the 
importation of Flour or Grain." 

As the purpofe of this ftep, if taken, 
muft be to encourage the agriculture and 
commerce of the province, we flatter our. 
felves, that the exertions of the Farmer, 
and the liberality of the mercantile inter- 
eft, w»il mutually co-operate to evince the 
propriety of the meafure. 

Should we thus prefer Canada, as the 
fource from whence to fupply our defi- 
ciencies in grain, &c. it would be but 
fairandjuft, were the Parliament of that 
P-rovince to exonerate our trade from the 
extra duty under which it labours there. 



NE\V-ORLEANS» FEB. IJ. 

We mention with pecqifar regret the 
unhappy fate of Mr. M. G. Lewis, broth- 
er of the late Mrs. CUiborne, who lell on 
Tuefday laft, in a duel with Mr. Robert 
Sterry. 

Mr. Lewis was a youth of amiable de- 
portment and promiflng charaSer, We 
have heard that the dream of Fidelis, 
in our paper -of Friday iaft, created the 
mifunderftanding that ha$ terminated fo 
fatally. We have been at fome pairis to 
learn the circumftances of the duel, and 
believe ourfelves correft in the following 
ftatement : 

Mr. L. with his friend called at our of- 
fice for a knowledge of the author. Webeg. 
ged time to afk approbation. Before We 
could make Mr 'Sterry 's como^unfcfiton, 
it^feems Ft delis became known through 
fome other medium. A challenge then 
enfued from Mr. Lewis, which we have 
underftood.lelt no means of concellion pt 
requiring no explanation, but immediate 
fatisfa3ion for the outrage committed on 
his feelings. — It being accepted^ the par- 
ties met, and were to w^it the count i, 2, 3, 
and at the fucceeding word of fire, to fire. 
Mr. Lewis's piftol fiaihed before the time, 
at the word three j and he therefore loft 
his chance of fire. Mr. Sterry feeing 
this, immediately turned, and fired back- 
ward in the air. No oflfer of accommoda- 
tion was, we believe, made, and the par- 
ties again fired nearly at the fame moment, 
when Mr, Lewis received a ball which 
pafTed through his heart, and out at his left 
fide. For a moment he continued his atti- 
tude, when cafting his eyes to his friend, 
as if confcious of bis wound, he could 
only utter» •• I bclicvc l" and tell a litelefs 
corpfet 



J CHARLESTON, MARCH l6. 

Extraa of a letter, from J. Blakely, Efq. 
Conful of the United States, at St. fa- 
gO'de-Cuba^ dated the 2gth February^ 
1805^ to James Simmons^ Efq. Colleil^ 
or of the Cujloms. 

** Permit me through your politenefs, 
to inform the Merchants of che U. State', 
that this port^'i now opened for Amer- 
ican ve(}e)s bringing flour and provifions.'* 
The fame letter fates. 
"During a month paft, flour in this 
city has been from forty to .fixty dollars 
a barrel. *Tis now faid, that two days 
moie will finifh the laft barrel of flour of 
kjfie beft fupplied baker in the city." 

News from Cadiz. ...^eh^vt been fa- 
vored with, the perufal of feveral late let- 
ters from Cadiz, written by one of the moft 
eminent merchaDts of that place — {^om 
thefe letters we learn, 

Thar, from the 23d of April to the 83d 
of December, 1804, there was imported 
into that port, i, 789^232 bufhels of wheat, 
and 55,854 barrels ot flour. 

That there was grain and flour enough 
in Cadiz to laft till the firfl of May, held 
by the Corporation of that place, which is 
bought by the bakers as they want if 

That nptwiihflanding this great fupply, 
it was expe3ed the price would continue, 
in confequence of the fcarcity of the adja* 
cent cities — The probability of this cir- 
cumSance was increafed, as no grain was 
expeaed|rom the Mediterranean, or the 
Baltic, a^d becaufe nnpe would come in 
Irom France, «s the prSc in that country 
exceeded |fae fum eftabhftied there for ex- 
portation^ [iV. Y. Gazette.'] 

To €nnt^tmtm$. 

The unknown friend, who lately sent us a file of 
London papers, will accept our thanks. 

MARRIED, 
At Clavmck, on the 24th ult. by the Rev. Mr. 
Gepherd, Mr. James Lbggbat, Jua. to Misa 
Sophia Kittle, daughter of the late capt. John 
Kittle, of Kinderhook. 



mt ftntU. 




At Northunptm, (Mass.) on Thursday the 7(k 
ult Mrs. Sak^h Storks, consort of Mr. Nathan 
Stom, and daugitcr of (h« Hon. Timothy D wight, 
deceased. 



tll?2 



;4(|e a^iatetite. 



VbL..IV, 



iISi 




FOR THE BaTaNCE. 



Th« CONTRAST...OH, WAR and PEACE. 

WhEK the swcct-smiling Moon rolls her orb 

through the sky, 
And the white clouds are flying aftr, " 

I rove 

Through the grove. 
While no danger is nigh, 
And with pensiveness utter a heart-hr«ken sl^h. 
As 1 think on the horrors of War. 

Q*er the earth, hostile armies, in battle, tround 
' Spread destruction and carnage afar i 
WhHe blood. 
Like a flood. 
Flows with crimson the ground ; 
And the groans of the dying, unnumb^M, resound { 
Oh ! the merciless horrors of War ! 

Ifeav'n hasten the time when the batde shall fe^se, 
And d^ead terror be banished afar | 
When love 
Like the dove 
With the emblem of Peace, 

Shall return to the Ark, and that wvetohedncsa cease^ 
Which embitters the horrors of War. 

Then the vftlture, Despair, shall from Bliatry gy. 
And no iU-omen'd grief-bearinj star 
Shan keep 
Gentle sleep 
From the fiitherless eye, 
If oi' dttturb the repose of the l^raye, with a sigh 
For the wide-wasting hoqrcMfs of War. 

ALCAKDER. 



aiata %nm\mtt, 



FROM THE LONDON STAR. 



, COtTRTOP KING> BENCtf, Kor. Sr. 
THE KlijC V{. G. LO\VTHER, ESQ. 

Mr. GiBBS moved for a crtminal in- 
formation againft this Defendant, on an 
ifHdavit from Lord Radhor, William 
Eyre. Efq. J. Bait. Efq. wd the Rev. J. 
Jacob, all oTthem Juftice« for the county 
ot Wilts. It appeared by this affidavit, 
that a complaint had been made to tbefe 
Magiftrates by a man ot the name of Sop, 
a laborer, that Mr. Lowtler would not 
difcharge his account. ti confequencc 
of this circumftance, a fum»ions was iffu- 
pd ift th« ufual form, when the Dfsfendant, 



inftead of attending, according to the or- 
der of the Jullices,fcnt a letter to the cler- 
iciil Magi (Irate, dire6led either from mil-' 
take, or burlefque^ J. Jacob, Efq. 

** Sif, — ^The bearer of this ia a worthy 
farmer of the nam^ <# Grant. As a ma- 

fiftrate you ought not to have iiTued the 
ummons to me, which I have heard of, 
but which had never teen ferved upoa 
me. Whether you think it right or not 
to allow fumnrK>nfes on the application of 
felons I will not determine; but this I 
know, had \ been a Magiftrate, I (hould 
have thought myfelf bound to ad fr<mi 
different principles than thofe by which 
you were guided, when ygugave this war- 
rani, on the mere application of a country 
laborer. The meafure is the more extra- 
ordinary, as the Bench of Magiflrates» at 
the laft meeting, feemed fatisficd with my 
conduS, 

. (Signed) ^ ^'G.hr 

It feemed that thfs Sop had been em- 
ployed in making a well ; whether this 
Gentleman fucceeded in extra6ling any 
liquid, or 6therwife, from Sop, does not 
appear, but Sop could not draw from the 
weil the produce of his tioneft induflry. 
The Magillrates did no( grant a fecond 
(umtnons, until after the enitiing Seflions. 
The following letter was next fcnt-, direQ- 
ed to DoQor Batt, but if, from ridicule.or 
error, is again doubtful : 

•• DoBor Batt,— I flattered myfelf that | 
the explanation J gave before, regarding 
Sop, would have been fati$ia£iory ; and 
that from, you, as Juftices and Gentle- 
men, I Oiould not have been troubled with 
another fummons. J am fo much aflon- 
ifhed at this notice, that I am at a Jofs to 
what to attribute it, whether to your want 
ot knowledge of the duties as a Magif* 
trate, or your defign to give me a perfonal 
infult. As to the fummons, I ihalf pay np 
attention to it whatever^ &c. 

-rSigned) "O. L.** 

Mr. GiBBS U'aid, that it' appeared from 
the affidavit of Lord Radnor, and his Col- 
league* on the\ Bench, that they had no 
intention whatever to offend this Gentle- 
man, but merely had in view the faithful 
difcharge of their public duties. The 
Learned Counfel .was proceeding to ftatc 
the ferious injury the country would fuf. 
tain, if Magiftrates were thus to be jnful- 
ted with impunity, when he was inter- 
rupted by the Lord Chief Justice, who 
granted the Rule to fhew caufe, upon the 
grounds we have flatcd. 

------ 

AGENTS FOR THE BALANCJ^. 

NEW-YORK. ^ 

Kinderbook^jy, Ludlow, P. M. Albany-r^^ViThU 
ting, Backos & WhitJng. Utiea-^^\, Hitclicock, P. 
M, Canandaigua-^Z. Seymoor. ManUut-^W.. Wil- 
son, P. M. WhiteHovin — R. Leavenworth, Esq. 
Cberry'Vallej^yir. Holt, P. M. Caztnovia^E. S. 
I Jackson and the Post Master. ^vre^'tM-'-Sainnd \ 



Crossct, P. M. %A«ifo«n-»-Nathan Brewster, P.M. 
Onondafa — G. W. Olmstead. Coopentonn^Y . Stritn^ 
ahan,E«ii. 2rqjr— Wright, Wilbur & Stockwell. Ber^ 
kimer^C. WoodniC Litde FalU^W. Alexander 
P. M. Gtneva^the Post faster. Sbaron-^Z, Pyn' 
neo, P. M. and J. Williams. — Lantingburgb^^, 
Tracy, Printer. ^fl/ffw--Dodd & Rmnsey, Trin- 
ters. MarceUtu — Cxiy Humphrey, P. M. <S&'irio»* 
— ^J. Simonds, P M. 5c^tfr^<a<fy— j.ShurtleffjP'.M, 
Sutiivan'-E. Caulkins, P. M. Parit^H. M'Ncil, 
P. M. Pow/e)^-D. Wood, P. M. Jfn9terda^^ 
Mr. DownSjPrM. ^a^ara-^ht. Qto. Arraisttad. 
7uUy^\, Buel, P. M. Cay^ga^H. Buckley, P. M. 
Pittsfield^O. Noble, P. M. Brc^nvilic^. Camp. 
Shncatclai^-^Dr. Sam. Porter. Saratoga — A. Vaa 
Deusen, P. M. Pbinebeci^A* Potter, P. M. Htd-. 
bcok—H, Ci^ithpte, E^. iTfy^fion— David Bnre 
& S. S. Freer Pou^bkeepste-^K. S. Street, £s^. 
N. Power, Printer, and the Post Master. Ne^. 
Tori— Michael Bumham, Publisher of the Evening 
Post. OcM^v— £. Dana, P. M. Batb.^S.$, 
Uaight and the Post Master. Ob^nango Point-^, 
Stone. ^o/ton—W. puller. l/iMK/iV/a—O. Stevens. 
fTindbapt^S, Hunt, P. M. 

MASSACHUSETTS. 

Stocikidge-^H' Jones, P. M. Springfi^-^^. 
Brewer, Printer. Piwj/fc/i— A. Strong, Esq. Lattet* 
h<*rougb — M. Wells, P.M. WHliamsUnsn-^Txyovi^: 
CaUender. Greenfield^}. Denio, Printer, Nortb- 
ampton-^S. Botier, P. M. Bandqlpb^W. P. Whi- 
ting, P. M* WorcetteT'^h Thomas,, Jun. BotUm 
—J. Hastings, P. M. ^a^m— Mr. Dabney, P.M. 
and T. Cushtng, Printer. Nantucket — ^J. Brock jon. 
Plymoutb'^yf , Goodwin. Leicetter — ^the Post Mas* 
ter. Mewburyport~^&, W. Allen,^ Printer, aod J. 
Emerson, P. M. 

CONNECTICUT. 

^^i^invn—'Elias Beers. Danbury^^. R.Whili, 
P. M. and Mr. Gray, Printer. Maddinn-^^ihe Ptost 
Master. Farmingtoiu S. Richaids^ P. M* ^orm 
G. King, Jnn, P. M.' 

NEW-HAMPSHIRE. 

JTmMver— J. Baldwin, P. M. jOofCflwrii— Thom- 
as W. Thompson. JTwze— J. G. Bond,P-M. Cbee' 
terJUld-^%. liarvey, jun. P. M. 
VERMONT. 

J^<i^^r)>— Hvmtington Sc Fitch, printqrs, hem^ 
imy^V. Johnson, P. M. Poyalton-^J Smith. 
St' Alhani-^E. W. Keyen, Esq. Burlington-^* 
kot^inson. Putney— P. White, P. M. Sba^biq 
•r-Z. Niles, P. ^. Wtndtor-^'^, Mower, Printer. 
PENNSYLVANIA. 

Atbene^l/lr Pr«Mntk!e, P. M. mike^barre^T, 
Welles, and Mr- Miner, Printer. Williamtport^ 
S. E. Grier, P. M. Pbtlaaelpkia^W. Maris- 
NEW-JERSEY. 

7rf«lon»^Sherman ^ Mershon, Printers, and tb« 
P. M. 2lev)-Bruntv}ick'^Mr. Blauvelt, Printer. 
MARYLAND. 

Baltimore — Yundt & Brown, printers, JfLaet^tif^ 
Pr. R. Moore. 

GEORGIA. 

Juguita^D. Taylor. ' Savannab'-^A. Grant, wA 
Seymour^ Woolhopter & Stebbins. 
OHIO. 

Marietta^-'B. I. Oilman. 



TERMS OF THE BALANCE. 

FOR 130.5. 

Ta City Subscribers, Two Dollars and Fifir 
Centv, payable quarterly. 

To those who receive them by mail, Two Dc** 
)ars, payable in advance. 

To those who taxe their papers at the office, m 
bandies, or otherwise, a deduction from the city^ 
price will be mtfde. 

vvni^nnvrD by 

HARRY CROSWELL, 

Warrftn Street, Budicm* 

WH9RB raiNTIKO IN OBNBBAL IS EX«Ct;Tff 

-wxTM wtaaAJiCEMiC'AflfBvaAer 



No. 15. 



COLUMBIAN 




Vol. IV. 



REPOSITORY. 



•• HAIL SACRED POLITY, BY FREBDOM RKAR'd ! 
•* HAIL SACREO freedom, WHEN BY LAW RESTRAINED !" 
BBATTIB. 



HUDSON. (New.York) TUJESDAY, April 9. 1805. 



<2Btitt0tiaL 

MERCHANTS' BANK. 



w. 



ERE we to treat of this fubjeS, 
tinder the influence of ordinary party feel- 
tngs,we (hould undoubtedly admit the truth 
of every thing which the democrats have 
thouglit proper to fay concerning it, du- 
ring its pendency in the legiflature. We 
ihould not give ourfelves the trouble of 
contradi&ing ibe charges of bribery^ and 
corrnption, made by democrats a|^'nft 
their own political partlzans and friends. 
Li common cafes, we ihould not deem it 
incumbent en us, to take extraordinary 
pains to prove the honefiy of our pcditical 
opponents. On the contrary, we might 
feel inclined to fecond any attempt to 
prove their diflionefty. But the prefent 
cafe involves confideraiions vaftly fuperior 
to thofe of party.... the honor of our ftate... 
the dignity of our government. Thcfc are 
objeQs dear to all true fcdcralifts ; and, un- 
lefs truth requires the facrifice, they are 
objeQs which we Ihall uniformly main- 
tain, even though, in doing it, we are cpm- 
pelled to becoipe, for the time, the advo- 
cates of our political and perfonal enemies. 
When, however, we are convinced that 
oar rulers are corrupt, criminal or incom- 
J>etCnt, WE WILL EXPOSE THEM, be the 
confequences to our country or ourlelves, 
what they may. 

Wfccn the Merchants' Bank firft appli. 
cd for a charter, the opporaion to it, was 
extremely powerful. Its enemies artfully 
contrived to enlift the democratic party a- 
gainft it, thereby intending, contrary to 
cv«y principle of private right, and pab. I 



lie juftice, to make that a party queflion, 
which, in faS, was to effeft the intereft of 
men of all parties. The democratic prefTcs, 
generally, oppofed the Bank, until it was 
found that party.fpirit had not wholly 
fwallowed up every particle of honefty in 
the legiflature, and that a charter would 
probably be granted : They, then with one 
or two exceptions, lowered, and in fome 
inftances, entirely changed their tone. 
The •* printers to the flate,*' in particular, 
whetlier from an ho^eft conviction, or 
what is more probable, froni a defire to 
float away with the current, very prudent* 
ly changed from the weak to the Srong 
fide. Cheetham, however, perfevered in 
his oppoGtion, in fuch a daring, outrage- 
ous and indecent manner, that it has 
been found neceflfary for the legiflaturf! to 
call in judicial aid to fupport their privi- 
leges. 

Under thefe.circutoftances, we fliould 
have deemed it unnecef&ry to offer any re- 
marks on the fubjeft of the Bank, had not 
a publication appeared in the laft Bee, too 
glaringly falfe, too audacious and libel, 
lous to be pafTed in filence. As this pub- 
lication fails nothing Oiort, in atrociouf- 
nefs, to Cheetham 's remarks, the pdnter 
of the Bee (unlefs his infignificance and 
the limited circulation ol his paper faves 
him) will doubtlefs be called to anfwer be- 
fore the fame tribqnal. But for reafons 
which we (hall foon explain, the animad- 
verfions of the prefs are alfo neceffary. 
Cheetham has avowed his intention of ap- 
pealing to the people, from the deci- 
fions of the legiflature, the executive and 
the judicial branches of our •government. 
This is no idle threat. Every body knows 
who direSs the hand ot Cheetham } and I 



it is not diflicult to conjeaure w:ho wields 
the pen for Holt. They have formed the 
defperate refolution of ruling the flate, or 
deflroyingevery thing valuable within it^ 
By advancing their charges boldly, and re. 
pcating them often, they hope to impofc 
upon the credulity of . the people. They 
intend to corrupt the public mind, and 
poifon the populai^ fentiment, and thus 
prepare it for witnefling unmoved,the moft 
wickof and deteflabie meafures. They 
intend^to fill the next, or the fucceeding 
legiflainjce with men well fitted for the 
work of deflruflion ; "and then, at one 
blow, hy repealing the incorporating aft, 
they intend to deftroy the charter, for the 
fecurity of which, the faith of the ftate is 
pledged ; and thereby proftrate the digni- 
ty of the government, and cafl an indeli. 
ble ftain opon the honor of the ftate. Sin- 
cerely believing this, we fliould prove our- 
felves unfit for public journalifls, were we 
to deM one moment from a taflc, the per- 
formance of which duty loudly demands* 
We flwll therefore engage in it, at leaft with 
zeal : and if our feeble efforts tend in the 
fmalleft degree, to check the torrent of 
calumny and mifreprefentations, which aU 
ready furround us, then, fliall we be fat- 
isfied. 

[Our remarks on the publication in the 
Bee, are unavoidably poftponed until 
nexj week.] 

To Qiew the reader in wfiat manner 
this affair of the Merchants* Bank has 
been treated in New- York, we go back 
and copy fome of the moft prominent ar* 
tides from the papers of that city. * 

FROM THE SVBVZKG >OST, OP MAACH 25. 

The editor of the American Ciiizen has 
indulged Umfeli in the moft unqualified 



114 



€U 2?dtance^ 



For 1805. 



GC 



abufe in his p^p^r of this moinin^ againft 
the Legiflature tor fa^orihg the Merchants' 
Bank without regard to party. In the 
paroxifm of his rage hecxpreffes himfelf in 
the following extraordinary manner :' — 

*' That the bill will pafs the aflembly is 
•• far from impoOible. The villains who 
•• are tbcmfelves bribed, or who have bri 
*• bed others, funk deep in the abyfs of 
** difgrace and infamy, will brave conclu- 
•• five charges of corruption and defy their 
•• operative force. Let them do fo ; for 
•' fecurity we mufi refort to the Council 
" of Revifion, and if not to this lettered 
•' branch of our Government, to tlie Su- 
•• preme Court, and (hould we not even 
•• here be fafe, we muft appeal to the peg- 
«• PLE." 

What ? Already an appeal made to the 
people againft tbe conftituted authorities of 
the government ? Are the mob (for every 
concourfe of enraged people is a mob) are 
the mob I fay to be reforted to, to be cal- 
led upon to turn out againft the Senate, 
the Aftembly, the Governor, the Council 
of Revifion, and the Supreme Court ? Is 
a mob to be col]e6led in our ftreeu to pull 
down the Bank ; to pillage the vaults and 
bang the I>ire£lors at the Lamp^pofl ? 

From the fame^ of March 25. 

The editor of the American Citttina of 
Saturday having threatened that it the 
MercbanU' Bank Charter (hould notJ>e re- 
jeQed in the Council of Revifion.he'would 
appeal to the people^ by which he wa%«n- 
derftood by us to mean the people ^nt of 
i/^^rj, in their individual capacity, he in 
this morning's paper thus explains— » 

** But if the Supreme Court, the appel- 
^' lant tribunal of the people from uncon- 
**Jlitui{onal or corrupt dcci&omol thcLe- 
*' gifldture, (hould, contrary to plain and 
•• concluGve teftinwny of bribery^ decide 
*' in favor of the a£l, then I fay we raufl 
•• appeal to the people, not to - volt againft 
** the conftitiited authorities, God forbid ; 
•« not to affemble in •• mobs to pillage 
•» banks^ or hang bank dire£lor«," lor this 
•' remedy, if remedy it can be called, 
•* would be worfe than the difeafe, but to 
•• fend to the legiOature.by force & virtue 
•• of the elefiivefranchifc, men to repeal a 
*' law that has been obtained by means fo 
' ** foul and abominable. This was the 
•» mode purfued by the people and legifl^- 
«* ture ol Georgia, in the cafe of the Ya- 
•• zoo grant. This appeal, if I live, (hall 
•• be made with all the force of which I 
*' am capable, and if the people are 001 
•« loft to themfelvcs, its objeS will be ac- 
*' compHfhed." 

We confefs we were one of ihofe who 
thought Mr, Cheetham meant fomiething 
much more than this ; in fhort, that a Par- 
is mob and the lamp iron were to be the 
final refoit« Bui now he teJU us» in a 



paraphrafe of the laft meffage, that hitob- 
jed has been mi/underfloody and after the 
candid explanations that have been given^ 
we (hall not inflft 00 the fir ft and mbft ob- 
vious conftruflion. 

It I underftand Mr. Cheetham now, he 
means to fay that the party 10 which he 
and Mr. Wortman belong, and whofe or- 
gan he 18, will fend to the next fuch a fet 
of people from this city as will burn the 
records of the prefent fefTion of the Legif- 
lature, and aboli(h the law gcanting a char- 
ter to the Mei chants' Bank. Such, I 
think, he explains, to be his meaning. 
What glorious limes are coming ! Every 
Legiflature that di (Tents from a former Le- 
giflature are to burn their records, refcind 
their afts, cut up charters, wreft property 
from the owners and turn the world upfide 
down. What fay ye Manhattan Compa- 
ny ? How do you relifh this doftrine ? 
Only let the example once be fe^, and I'll 
warrant it won't be long before we have 
full as many bonfires of records, and 
Banks, and Charters,as we (hall very well 
know what to do with. — That's right Mr. 
Citizen, fet fire to the four comers of the 
State at once, becaufe you can't have your 
own way. 

Mr. fTortman^s appeal, — ^The follow- 
ing appeal to the Council of revifion by 
the honorable Mr, Tunis Wortman is ta- 
ken verbatim from the American Citizen 
of this morning. 

•• COMMUNICATION. 

" TO THE COUNCIL OF ItSVISION. 
•• From a corrupt and venal majority 
«« of the Legiflature, from the perfidy and 
" crimes of the reprefentatives of the peo- 
•• pie, we turn our attention to the CouA- 
** cil of Revifion; as the laft remaining 
«• branch ol Obvcrnment which can arreft 
«• the progrefs ol pollution, and (hield a 
'* State from infamy. A bill has paffed 
•• the Senate by the influence of bribery, 
' perhaps, it has received the fan£lion of the 
' Afl*embly by the fame execrable means ! 

• With evidence of the faft moft direft 

• and authentic can it be poffible that the 
' facred members of juftice will parcipi- 

• tate in the meafure, and by affording 
' their authority, become accomplices in 
' guilt ? Yes I Gentleman, you ftami 

• on that interefling and dccifive pafs 

• which feparates dignity from difgrace, 

• and you only can evince to the people 

• whether a portion of virtue and integri. 

• ty fubfifts in the government, or wheth- 
' er all is plunged into the abyls of undif- 

• tinguifhable degradation. I have hope- 

• in your determination. I ftill have con- 
'^t/fffCtf, though, alas I when legiflators 

• praOife bribery ,confidence departs from 

• the community. When herealtcr you 

• admihifter the folemn juflicc of your 

• country, ibould-you ianftioa corruption 



fo flagrant and fo vile — how could you 

fentence the future viQim of violated 

laws ? Each weak and haplefs culprit 

might explain *• The very Judges who 

pronounce my fate poffefs more frailty 

than myfelf, for they have fanflioned 

crimes more fatal and atrocious when 

the dignified crimmals were Legifla*- 

tors I" The events of this moment are 

too interefting to pafs unrecorded. The 

' faithful pen is ready to tranfmit to pof. 

' terity your glory or your fhame. It will 

^ cither be faid that the virtue of an in- 

' corruptible Jtidiciary has preferved the 

' chara£ler of fociety, or that you alfo, 

* conquered and proftVaied by the venal- 

* ity of the times, have periftied amidft 

* the general wreck of honor and indc- 
' pendence. 

" MANLIUS." 

I do not know whether the majority of 
the Legifldture will take any notice of this 
extraordinary language or not ; if they do 
not, it is not tor me to complain of it. Ai 
to the reft, where the author declares that, 
if the Council of Revifion, confifting of 
the Governor, the Chancellor, and the 
Judges of the Supreme Court 'do not ar- 
reft the progrefs of this bill, they will be 
guilty o\J'an3ioning flagrant and vile cor- 
ruption ; it is really fuch a ftretch of im- 
pudent eflFrontery, and confideiing from 
whom it comes, fo glaringly indecent, that 
I waat words to fpeak of it as it deferves. 
I can only exprels my untdgned aftoniOi- 
ment. Poor Freer, we well remember, 
Was arraigned before the Supreme Court, 
put to great expence, and fentenced to 
pay ff fine, or be committed for a con- 
tempt, becaufe be publifhed reniarks on a 
queiiion pending before the Court ; but 
compared to this before us, all he faid was 
as inoffenfive as the prattling of a child up- 
on its nurfe's knee. Blclled Liberty and 
Equality. One man may flcal a horfa, 
while another is hung tor looking over 
the hedge, fays the proverb, but we tiuft it 
is not applicable. 



^elected. 



FROM THE REPERTORY. 



SEEING THEY SEE NOT, 
HOW often have we feen inftances of 
m^n, profefTing to hold certain a£ls of 
which Mi. JcfFerfon has been reprefented 
as guilty, in abhorrence, and declaring that 
if he could he fairly convifled, they, fo 
j.ir fr.^m fupporting, would join in oppo- 
fing him ; and yet when the neceffary ev- 
idence is produced, thev fhrink from their 
affected love of principle,and their refent- 
raent ialls, not . n the author of the crime, 
hut on him wtio expofes him. 
A genikuian of the firft refpcaability 



m >5. 



€^ TSeimtt. 



115 



i s uumikm 



twrrecenily furnifhfd us with a (Irikmg il- 
loftration of ihe above remark. 
. A gcnUeman of Viririnia iocravtlling,' 
fell in company with a liranger, who hid 
be was from Kentuckv, and who was a 
warm (riend of Mr. JeflFerlon. He fpoke 
of FEDERAL LIES, fabricated to ca- 
lamniate Mr. JefFerfon, and particularly 
in afcribing to him, a correlpondence with 
-Callender* The Virginian afked the ftran- 
ger if he knew Mr. JefFerfoa's hand wri- 
ting ? ** Yes," heanfweredt " very well 
—I Jiaye correfponded with him." The 
Virginian, having in his pocket the ori- 
ginal letters, prefented them to him. The 
Kentuckian having read them, acknowU 
edged them to be Mr. JefFerfon's ; — but 
immediately manifefted his vexation and 
ill humor ; — at what, do you imagine ? — 
at having occular demonftration that the 
federal lie he had fpecified was a ferious 
TRUTH ! •* Well," faid the Virginian, 
•• now you are yourfelf convinced, from 
the teftimony of your own eves, will you 
on your retarn home, declare the truth, in 
this matter and undeceive the people?" 
" No, rUbe damn'd it I do," anfwered 
the Kentuckian. 

In Boffon, we obferve the fame fpirit. 
How often have we been ftigmatized as 
infamous flanderers, for afTerting that^r. 
Jefferfon patronized Callender, va his vir- 
ulent abufe of the FEDERAL CON- 
STITUTION,^ WASHINGTON, and 
ADAMS. It^was a lederal lie, and.no 
democrat would yield any credit to a cir- 
rumftance, which, if true, would exhibit 
^t. Jefficrfoh in the blackeft colors of po- 
litical hypocriiy^ and allied to that detaon 
of flander, for the purpole of lying down 
bis betters^ We now oflFer irrefiftible 
proof, — Mr. JefFerfon's letters to Callcn- 
der, in his own hand writing. There are 
feveral letters of Mr. JefFerfon in town, 
all of which perfeaiy agree. ONE DE- 
MOCRAT, and one only, has called to 
fatisfy hirafelf, and when the letters are 
gone, Mr. JefFerfon will again be, as, with 
confuromate impudence, he was lately toaf- 
ted in Charleftown — ** A man, ihe purity 
of whofe private charaSer adds luftre to 
his public virtues." 

STATE LEGISLATURE. 
The rcfolution direfting the Attorney. 
General to profccute Jjraes Cheetharo, tor 
his libels on the Le^ifl.iiure of this ftate, 
has paffed the Affembly 52 to 28. 

Mr. Taylor ol the Senate, on the 2d inft. 
moved a confHeration of this refolution, 
but the motion was lofl, which probably 
gave rife to the following pioceedings : — 
IN SENATE. , L^ 

Albany, Tue/day, April a,' 180,5. 
Mr. Tayler made a motion that the Sen- 
ate (bould agree to a refolution, with reci* 
tab, in the words following : 



Whereas Certain falfe, wicked, and fe- 
diiious libels have been publifhed againll 
jithe Picfident of the United States, in a 
newfpaper primed in the city of New- 
York, called the New. York Evenin^Toft, 
edited by" William Colehian, on the 20ih, 
21ft and 22d days of MtJfcn, 1805, impu- 
ting to and charging the'Prefident of the 
United States with hypocrify, debauchery, 
with living in (hamelefs and open commif- 
(ion of fins, with defrauding his benef^- 
or of his property, with violating the mar- 
riage bed of his mofl intimate Triend,and 
with various other enormities, tending to 
bring into difgrace the faid Prefident ofthe 
United States, and to injure and to bring 
into contempt the dignity and charac- 
ter of the United States, and the citizens 
thereof ; — and in order to bring the author 
and publifher of fuch viofent, daring and 
infolent attacks on the faid Prefldent of the 
United States, and the citizens thereof, to 
trial and punifhment, 

Refolved, (if the hon. the AfTembly 
concur) that the Attorney- General be and 
he is hereby dire£led to take all neceffary 
and legal meafures to bring the author or 
authors and pubtifher of the faid falfe,wick- 
ed, feditious and flagitious libels to fpeedy 
and condign punifhmeat« 

Debater having beeii had on the faid 
motion, Mr. Annin moved the following 
refolution, with its recitals, as a fubllitute : 

Whereas it is the fincere wifh of this 
Senate, to difcountenance the Ticentiouf- 
i>efs (i\ the prefs, by every conftitutional 
j mean in its power : And whereas to ac- 
accompliih that end, the Senate feels dif- 
pofed to bear tcflimony againft all unfoun- 
ded attacks on the conflituted authori- 
ties of the United Sutes or of this State, 
within ^ts proper fphere : And whereas a 
qnefiion is now pending before the Su- 
preme Court of this State, the decifion of 
which will determine whether the State 
Courts have jnrifdi£lion in cafes of libels 
againft the Prefident of the United States : 
Therefore, 

Refolved, That it is not expedient at 
prefent tor this Senate todireft the Attor- 
ney. General of this State, to profecute at 
the expence of this State, anv Printer for 
libels againft the Prefident of the. United 
States. 

Mr. Van Vechten, moved to amend the 
faid fubftitute by ftriking out, after the 
word refolved, the whole of the refolution, 
and inferting the following in its flead : — 

That it would be improper for this Sen- 
ate to exprefs any opinion at prefent on 
the queflion whether the cafe of a libel a- 
gainii the Prefident of the United States is 
cognizable by the courts of this State. 

The queftion being taken on the amend- 
ment, it paffed in the negative, 1 j to 6 ; 
and on the fubftitute, and it likewife paf- 
fed in the negative, ig to 8. 



The queftion on the motion of Mr. 
Tayler, was then taken, and italfopaO'ed 
in the negative, in the manner following, 
viz : — 

For the negative. — MeflTrs. Brewfter, 
Bruyn, Denning, Foote, Savage, TifFany^ 
Tredwell, Van Schoonhoven, Van Vech- 
ten, Veederv Wood worth — 1 1 . > 

For the ajirmative. — MefFrs. Annin, 
Burt, Danforth, Hogeboom, Hyde, John, 
fton, Purdy, Tallbaadge, Tayler, Thomas 
— 10. 

FROM THB LITCHFIELD MONITOR*^ ^ 

That our readers may fee fomething of 
the aconomy of our aconomical rulers,' 
take the following fiatement of Judge 
Chafe's trial : — 

The daily expences ofthe twoHonfes of 
Congrefs, is about FOURTEEN HUN- 
DRED DOLLARS. 

1. The Houfe of Reprefenta- 
tivet were occupied lall winter 
about three days, 142 members, 

&c. Dolls. 3,000 

2. They employed four days 
in preparing and difcufTing the ar- 
ticles of impeachment. 4,000 

3. The two Houfes twenty. fix 

days on the trial, at 1,400 dolls. 36,400 

4. Coft of witnefFes, preparing 
the Senate chamber, ofBcen, &c. 

&c. atltaft 10,000 

5. Printing reports of Commit* 
tees, l>»llfl, and a very great number 
of large books, containing the evi. 
denceto fupportthe impeachment. 
(Thefe books were diftributed all 
over that part of the country, at 

the expence of the United States.) 4,000 

Dollars. 57,400 
FIFTY-SEVEN THOUSAND FOUR 
HUNDRED DOLLARS, at leaft, of the 
people's money expended in fupporting 
party malice againft a moft upright Judge, 
whom his very enemies were obliged to ac- 
quit ! 

How many fuch things will it take to 
make honest democrats op'en their tyt% ? 

i<g B lex I I I 

In reply to the Baroineter,we have only to remark, 
that, since Judge Chase has been honorably acquit- 
ted by the High Court of Impeachment, principally 
coraposed of his political enemies, and since botl) tbc 
Senafrtfrom this ttate declared himisor guilty 
on ALT. the c^arget exhibited^ it would be idle in his 
firiends, and indecorous in his enemies to enfarge oa 
the subject. 

▲ CBALLENCB; 

The editor of the Lancatter (Penn ) ydumai, af- 
ter republishing all the chan?:es against Mr. Jefferson, 
excepting that respecting Mrs. Walker, adds — 

" We say, openly say, that we will engage to 
F&ovB THE TRgxH of all and evcrj of the afore- 
siid charges in a regular court of justice.'' 



116 



Cj^e 2?d[ance. 



Vol. IV. 



mmmmmm 




THE SUGAR MA?J.E. 

HE maple not only affords an 
excellent fugar, but a pleafant Molafles, an 
agreeable beer, a ftrong and found wine, 
and an excellent vinegar. 

The following receipts for making each 
of them have been obtained trom perfons 
who have facceeded in the roanuia£hire oi 
them and are earneftly recommended to 
thofe citizens of the United States, who 
live in the neighbourhood ot fugar maple 
trees. 

TO MAKE MAPLE SUGAR. 

Make an incifion in a number of maple 
trees, at the fame time, in the months o( 
February and March, and reVreive the juice 
ot them in earthen or wooden veifels. 
Strain the juice (after it is drawn irom its 
fediraent) and boil it. Place the kettle di- 
re6l!y over the fire in fuch a manner that 
the flames fhall not play upon its (ides. 
When it is reduced to thick fyrrup, and 
cooled, flrain it again, and let it fettle for 
two or three days ; in which time it will 
be prepared for granulating. This opera* 
tion is performed by filling the kettle half 
full of lyrrup, and boiling it a fecond time. 
To prevent its rifingtoo fuddenly, and boil- 
ing over, add to it a piece of frelh butter 
or tat, of the fize of a walnut. 

You may eafily determine whether it is 
fufficiently boiled to granulate, by cooling 
a little of it. It mud then be put into bags 
or bafkets, through which the water will 
drain, fo as to leave it in a folid form, 
This fugar, if refined by the ufual procefs, 
may be made into as good fingle or double 
refined loaves as ever were made ot the 
fugar obtained Irom the juice ot the Weft 
India cane. 

MAPLE MOLASSES. 

This may be made in three ways: tft, 
Irom the thick fyrrup obtained by boiling 
atter it is {trained for granulation. 2^Iy, 
From the drainings of the fu^ar. 3dly, 
From the laft drainings ot the tree (which 
will not granulate} reduced by evaporation 
to the confidence ot molafles. 

MAPLE BEER. 

To every 4 gallons of water, (while 
boiling) add a quart ot maple moiafTes. 
When the liquor is cooked to blood hear, 
put in as much yeail as is neceflary to fo- 
ment it. Malt or bran may be added to 
this beer, when agreeable. If a table 
fpoontul ot tbeeiTeace ot fpruce is. added 



to the above quantities of water, and mo« 
la(ie») it makes a moll delicious and whole* 
fome drink. 

MAPLE WINE. 

Boil 4, 5, or 6 gallons of fap (according 
to its Ilrength) to one and aod yeaft in 
proportion to the quantity you make. 
— After it is fermented, fet it afide in a 
cool place, well flopped. If kept for 2 or 
3 years, it will become a pleafant found 
wine, in evtry refpeft equal to the (econd 
clafs ot wines imported from foreign coun- 
tries. Thi« wine may be rendered fragrant 
by the addition of a little fheed magnolia 
root, or any other aromatic fubilance. 

MAPLE VINEGAR. 

Expofe the fap ot the maple to the open 
air, in the fun, and in a fhort time it will 
become vinegar. 

By thefe receipts large quantities ot each 
ot the above articles have been made in 
the frontier counties of New-Ham pftiire, 
Maflachufetts, N. York and Pennfylvania. 
A German farmer in Northumberland 
county Pennfylvania, (where the maple 
trees grow as plentifully a« oaks and pines 
in any other places) made three hundred 
lbs. of fugar in one year, which he fold to 
his neighbors and travellers, tor nine pence 
a pound. From the value ot thefe trees 
and the many ufes to which their fap has 
been applied, the new fettlers have learned 
to preferve them with as much care as if 
they were apple or other fruit trees. From 
the facility with which they may be culti- 
vated, and the profh which can be bad 
from them, it is plain, that a farmer in an 
old country could raife nothing on his farm 
with lefs labor and notlring from which he 
could derive more emolument, than the 
(ugar maple tree, 

(TV. E. Rep.) 



Monitorial 



FROM THE CHARLESTON COURIER. 



PULPIT ELOQUENCE. 



WE should be guilty of a criminal neglect of du- 
ty if we omitted to recemincnd to the perusal of our 
readers the. Rev. Dr. Boist's Discourse at the Fu- 
neral of the Rev. Mr. Malcomson'. As s, piece 
of elo<nience it may fairly be put in competition 
■with some of the fitiest specimens handed to us by 
the brightest christian divines. With the sound 
doctrine of the English, it possesses much of the 
splendid, persuasive eloquence of the French pulpit* 
In the application of the doctrines of our all-glorious 
religion to the event ivhich gave occasion to the 
Discourse, the Rev. Doctor lias displayed genius 
and knowledge in our opinion not inferior (for so 
much) to those which distinguish a Barrow and 
a B1.A1&J and if we make allowance for the differ- 
ence Iktween the advantages they derived from 
their subjects, little^ in some parts not at ^li infe» 



rior for affecting and brilliant passages to 
pans of the splendid oraUonsJunebre* ofBosivET» 
Flstchier, and Mascaron. Those had ior thei^ 
subjects, Princes,' Princesses, Military heices, and 
Statesmen of high distinction— our preacher for his, 
the huml^e, noiseless pastor of a flock. As a spe. 
cimen of finished English style, we recommend it to 
those who wish to form theirs upon good models* 
But let the two foUovKing passages speak for them- 
selves. 

It is but justice to add that we are given to un. 
derstand the Doctor has given the profits of it to Ik 
Applied to purposes connected with the deceased. 

*• IT is gain for the Chriftian to die, 
becaufe death removes him from a world 
ot forrow, and imperfeftion. However * 
dcfirous we are of long lite, we muft ac 
knowledge that but froall is the portion ot 
pure and unmixed bappinefs which we 
here enjoy. Even the moft profperous 
have their thare ot tuffering. Solomon, 
Kingot Ifrael, who enjoyed everything 
his heart could defire under the Sun, who 
fought for bappinefs in power, in knowl- 
edge, in pleafure, in Tame, and in every 
way in wliicb men commonly imagine it is 
to be found, yet declared that all was van- 
ity and vexation of fpirit. If fuch is the 
ftate of thofe whofe *• cup runneth over" 
what muft be the condition of fuch as are 
expofed to adverfity and fubjefted to the 
various calamities daily occurring in the 
humbler walks giTife ? Poverty and want, 
ficknefs and forrow, an]^tety and difap- 
pointment form •• a bitter draughtr* and 
in a great meafure^juflify the declaration 
of Job, •' that he would not live always'' 
In the morning ot our days, before we 
have experienced the cares and forrows ot 
the world, we imagine the profpeft before, 
us to be altogether fair and beautilul. We 
fuppofe the path of life to be fmooth and 
eaiy, ftrewed with rofes where no 'thorn is 
found.and befet on every fide with fourccs 
ot enjoyment. But no fooner do we en- 
ter on this path, than we find how egre- 
gioufly we were deceived. Cares an4 
toils, in- corltant fuccefTion, cloud our 
fky. The tender buds ot hope are nipped 
by the killing Irofl oldilappointment. The 
airy vifions ot youthful expeftation arc 
diflblved by the touch of real life. We 
find the world ftored witl^ fewer enjoy- 
ments than we imagined. We fee that noth- 
ing is to be gained without labor, toil, and 
unceafing exertion. We behold around 
us a fleeting and tranfitofy fcene. The 
friends ot our youth are removed into the 
land ot forgetfulnefs, and leave us to pro- 
fccute our journey alone. Old age ad- 
vances, with hafly fteps, attended with in- 
firmity and difeafe, deflituieot enjoyment, 
and leaving us nothing to wifh tor, but 
that death j^ould come to conclude our 
forrows, " 

•• I iptfzk not thefe things to difguflyo« 
at the world. In the world, fuch as it ih 



No. 15- 



dP^ S^alance. 



117 



Efi 



God has placed you, and in his appoint- 
ment yoa ought readily toacquiefce. But 
if by ftating the true eftimate of humati 
hfe, I can reconcile you lo the thoughts 
of your departure lience, and baniOi from 
your minds that fear of death which holds 
fo Ihany in hondage, I (hall not difturb 
your innocent tranquility, but rather lay 
the fureft foundation o\ ferenity and peacev 
And what in the prefent uncertain and vain 
fccoe can attatch to it any rational being ? 
What can there be formidable in death, 
which is fo fovereign a remedy for every 
difeafe, fo certain a deliverance from every 
forrow ? In the grave you (hall reft from 
atl your labors. How filent, ftill and 
peaceful are the nanfions of the dead !-— 
Txie turmoils, cares and purfuits of life are 
over. The ftorms of pafTion difturb not 
the endlels calm which there reigns. The 
cares of gain, and the projeQs of ambition 
interrupt not the (lumbers of the lowly bed. 
No more fhall the corroding hand of envy 
trodble the repofe of the inhabitants of the 
tomb. No more (hall they feel the pangs 
ot difappointment. No more (hall they 
know the fickncfs of the heart whicharifei 
from hope deferred. In the grave, " The 
wicked ceafefrom troubling, and the weary 
areatrejt: There the prifoners reft to- 
gether : they hear not the voice of the op- 
preffor^ and the fervant is Jreejrom his 
mafier. 

(A.VOTKBm EXTRACT IN Om NEXT.] 



Hitetatp <0leamn0^* 

Haley, the biographer of Cowper, 
gives the following •* exquifite portrait ol 
a fretful temper," as a fpecimen ol that 
admired Poet's talent at coiiaic painting : — 

* Some fretful tempers wince at every touch ; 
You always do too little or too much : ^ 

You speak with life, in hopes to entertain; 
Your elevated voice goes thro* the brain : 
You fall at once into a lower key ; 
That's worse : — the drone-pipe of an humble- Bee ! 
The southern sash admits too strong a light ; 
You rise and drop the curtain : — now it's night. 
He shakes with cold :— -you stir the fire, and strive 
To make a blaze : — ^that's roasting him alive. 
Serve him with venison, and he chooses fish ; 
With soa]—^hat*s just the sort he would not wish. 
He takes what he at first profess*d to loath i 
And in due time feeds heartily on both : 
Yet, still o'erdoudedl witli a constant frown : 
He does not swallow, but he gulps it down. 
You bop« to please him, vain on every plan, 
Himself should work that wonder, if he can. 
Alas ! his efforts double his distress ; 
He likes yours litde, aiui his own still less. 
Thus always teazing others, always teaz'd* 
His only pleasure ia— to be di»pleas*d. 



In one of the original letters ttith which 
Haley has tnrtcked hit life of Cowper, 
the following pafTages occur. . They con- 
vey a very juft ideao( the political revo- 
lutions that happen in the world, and of 
the vanity of human affairs : 

*' Great revolutions happen in thi& Ant's 
neil of ours. One Emmet ol iJluftrious 
chara£ler and great abilities pufhes 014 an- 
other ; parlies are formed ; they range 
themlelves in formidable oppoTition ; they 
threaten each, other's ruin ; they crofs o- 
vcr and are mingled together ; and, like the 
corrufcaiions ot the Northern Aurota, a- 
mufe the fpeflator, at the fame timetbat, 
by fome, they are fuppofedp be forerun- 
ners of a general difolution. 

•* There are political earthquakes as well 
as natural ones ; the former lefs (Rocking 
to the eye, but not always lefs fatal in their 
influence than the latter. The image which 
Nebuchadnezer faw in his dream was made 
Dp of heterogeneous and incompatible tpa- 
terials, and accordingly broken. Whatever 
is fo formed mufi expect a like cataftrophe. 

<Cfte ^tru00le : 

▲ CONSTITUTIOM OR HO COIISTIX.VTIOW ? 

[The following is a copy of a Memorial and Remoa- 
strance, which receives the signatures of the friends 
of the Constitution in Pennsylvania.] 

To the Senate and House of Representatives of the 
General Assenxbly of the commonwealth of Penn- 
sylvania. 

The Memorial and Remonjlrance of the 
Subfcribing Citizens^ 

RESPECTFULLY SHEWETH, 

THAT your Memori^lifts perceive, with 
furprife, regret, and apprehcnfion, the at- 
tempt which, is made to induce the Legif- 
lature to call a State Convention, for the 
avowed purpofe of introducing a radical 
change, in the principles and provifions of 
the Conftiiutinn of Pcnnfylvania, 

That your MemorialiRs cannot confider 
it material to enquire into the origin and 
progrefs of this alarming Projeft ; nor 
will they examine the authority of the Le- 
^iflature, to give it fan6lionimd effe£l : 
For they are confident, that the virtue and 
good fenfe of the People, will, be ultimate- 
ly dilplaved on the occafion ; and the fi- 
delity and impartiality of the r Reprefenta- 
tives, furnifti an aCTurance of a fair and full 
opportunity, tor deliberation and decifion. 

That your Memorialiftsdeem it, howev. 
er, a duty to themfelves, to their Fellow- 
Citizens, and to pofterity, to offer a fol- 
emn Remooftrance againll the projeQed 
call of a convention. 

I. Because the conftitution of Penn- 
fylvania (which was the work of her wif- 
eft and beft Citizens, and which has been 



adopted, €s m M^dei^Jor the Corjlituxion 
of every State of the Union' formed fuhfe^ 
quent to its eflabl\jkment) exhibits noihmg 
effentially defeflive 10 its theory ; and, in 
its operation, has gratified the rational 
hopes of every friend of civil liberty and 
public order. 

It fecures the right ot general fuffrage, 
the principles -^f political equality, the 
foundations of private properly, the lafety 
of pei/ons, the trial by Jury, and the priv- 
ilege of the Prefs. 

It defines and aparts the Legiflative^ 
Executive, and Judicial powers. 

It gives to legiflation the advantages ot 
caution and experience ; — on the Execu* 
tive Magiflrate it confers ufelul authority, 
while it extrafts conftant refponfibility ; — 
and to the Judges it communicates a char* 
afier, and a fenfe, of independence, with- 
out which,in a Republican Government, the, 
adminiftration of juilice wouldbea mock- 
ery and a name ; vary inffil^ current and ita 
colour, according tothe fears, or the bopes^ 
of every popular ele£lion. 

It renders every Public Agent amenable, 
immediately or mediately to the People. 

And it eftablilhes a Legiflative jurildic- 
tion, competent to reform all the abufes,- 
to fupply all the defers, and to corred all 
the inconveniences, which can occur, in 
the deuils of Executive and Judicial tranf- 
aSions. . 

If a ftaie of Society is necefTary to the 
peace,, improvement, and happinefs*of 
mankind: And if a fiate ot Societj^im-" 
plies a goirernment of laws ; what (yflem 
does the hiftory of nations prefent^ what 
free fyllem can the ingenuity ot Politicians 
devife, better calculated, for the peace, 
improvement, and happinefs ot man ! 

Againft the alteration, or abolition, of 
this iyfiem, framed, approved, and deliber- 
ately ratified, by tbe People, your Memo- 
rialifis thus tender their folemn remon- 
firance. 

II. Because the oftennble change, 
which is propofed to be made in the Con- 
ilitution ot Pennfylvania is calculated to 
deftroy the political fy mmetry ,the pYa£iical 
energy, ot the fyftem. To invigorate tbe 
popular branch of the Legiflauve Depart- 
ment, it is piopofed to take trom the Sen- 
ate the benefit of experience ; from the Ex- 
ecutive Maglftrate, the attributes of ufeful 
authority ; and from the Judicial Office, 
its duration and independence. The inev- 
itable effeS of fuch a change mufi, indeed, 
be to blend and abforb, in the moft nu- 
merous branch of the General Aflembly, 
(even it two branches (hould ftill be toler- 
ated) all the iun£lions ot Government, Le- 
giflative, Executive and Judicial, than 
which, a fcheme of greater tyranny, can 
not be conceived. For, 

The Senate will not venture to rejeft 
the legifiative propoliiions ot its co«ordi- 



118 



€6e 25alante. 



For 1805^ 



Bate, but more n uja p tWM I 
ential, branch of the Legiflature. 

The Executive Magiftrate, rendered 
feeble and timid, will anxioufly yield obe- 
dience to the wiflies ot the popular branch 
of the Legiflature, as the nioil able to pro 
tea his official exiftence. 

The fubordinate officers of the ftale, be- 
ing appointed by a legiflative vote, every 
Seffion, will exhibit a Icene of intrigue, ta- 
voritifoi, and clamour. 

The Judges, holding their Commiffions 
upon the tenure of their Popularity, not of 
their good behaviour, will naturally be led 
to make the flu£luatihg (landard ot legifla- 
tive politics, not the fteady fcales of juf- 
tice, the rule and meafure of their decif- 
ions. 

Againft fuch a change, your Memorial- 
ifls oflFer a folcm.n remonftrance. 

III. Because the call of a Convention, 
lor the purpofe of making a radical change 
in the principles and forms of the Confti- 
tution, ought, at all times, to proceed on- 
ly from a moti^and a caufe, juft, obvious, 
cogent, and generally approvejd i Where- 
as the meafure, at this time, is unneceflary, 
tinexpcfted, fpeculative, and inexpedient. 
Befides, whatever may be the oflenfible 
caufe for the call, the Convention, once 
net, will a£l, without limitation, reftraint, 
or controul ; And who can calculate the 
danger of the experiment, "or the evil of 
the example \ 

It will agitate, inflame, and may, fatally, 
divide the People. ' 

It willdifTolve the bonds of focial union, 
and 6§fiToy the hope and fafeguardbt per- 
fonal liberty and private property. 

It tettds ID deprive the People of every 
fixed principle of Government, fubflitu- 
ting a perpetual Revolutionary efTart, by 
which the conflitution will change,with ev- 
ery change of Party,andof Party-Leaders ; 
-^wiih every guft of popular paffion, and 
every impulfe of political difappointment. 

It tends to bring Republican inftitutions 
into difcredit and hazard ; to generate H- 
centioufnefs and anarchy ; and, finally, to 
cftaWifti Defpotifm, upon the ruins of A- 
irerican virtue, freedom, and independ- 
ence. 

Againft any legiflative agency, in pro- 
ducing fach dreadful and deftruftive con- 
fcquenccs, your Memoralifts pronounce a 
' fohmn warning and remonftrance. 

£We cop7 ihe fallowing articles on the preced- 
ing subject, from tke Gazette of the United 
States :— ] 

IT muft give pleafure to all the friends 
of our conflitution to find that not- 
withftanding the apathy which has of late 
fo univerfally pervaded the country on the 
fubjeft of politics, the moment that the 
conftiiution, the palladium of our rights, is 
^f^cniy aiAilcd, every ipgQ of principle is 



j mnft A 4»i4efence of k. Memorials are 
-now. in circuUtion, among both federaljfts 
[and democrats, praying, the legiflature to 

withhold the hand of violence from this ark 

of our fafcty. 

One of the neceflary confequences of 
a faftious difpofition in,a republic is,a con- 
tinual difcontent with the exi/iing Jtate 
of iAings,vfhdiitver that may be. Tou 
may alter your fyftem, and change the 
perfons who are to adroinifter your gov- 
ernment as often as you pleafe, with the 
hope of fatistying thofe who clamour for 
change ; and in the end you will find 
thofe very perfons more difcontenied and 
more clamorous for further change than 
when you firft commenced your exertions 
to gratify them .by yielding to their wiflies. 

Almoft every man who now belongs to 
the revolutionary faSion, and who is call- 
ing for the overthrow of the conftitution, 
as a thing indifpenfably neceflary to the 
happinels of the people, was lately a warm 
advocate for the eUaion of Gov. M*Kean 
to the office which he now holds. We 
were then told of the excellency of our 
Conftitution, and o! the certain profperity 
and happinefs which we fhould enjoy un. 
der it, provided we could have him to ad- 
roinifter it. He was accordingly eleSed, 
and difcharged the duties of his office, as 
thefe perfons told us, to (he perfeQ fatis- 
faSion of the people. They exultingiy 
called upon us to wiuiefs the proof of this, 
in the immenfe majority by which he was 
re-cleSed. Every body knows that his fyf- 
tem of adminift ration has been uniform ; & 
that whatever merit it poflefled originally, 
it ftill poflefles. But thefe faflious men 
now want to get rid ot the conftitution ; 
and for that purpofe they find it conven- 
ient to cenfure the adminiftration of gov- 
ernor M'Kean, and to afcribe the faults, 
which they acculehim of having commit- 
ted, to the conftitution iifelf . A writer in 
the paper of that faQion propofes a num- 
ber of queftiobs to the people of the com- 
monwealth, among which are the follow- 
lowing very emphatical ones. 

•• Do you think that when two thirds of 
both houfes of aflembly have addrefled the 
executive for the removal of an infolent 
and obnoxious ofiicer, that the conftitu- 
tion fliould be evadjed, or left open to eva. 
fion, upon the conftruflion of a word, in 
oppofitio/i to the (enfe of the reprefenia- 
lives of the people ? 

** Do you think that it is a proof of the 
excellence of the prefeni conflitution, 
that the great mafs of officers appointed 
Ifjf the executive ftiould be with few excep- 
tions in open political enmity againft the 
interefts, and wiflies ot the great body of 
the people i* 

•* Dp you think ihzt good behaviour n 
more confpicuous, in the members of the 



houfe ot reprefentatives — in the fenatc— 
in the judiciar)iE— 4>r in ihe executive f 

*' Do you ewr difcern any difference 
between the deportmefuof your reprefen- 
tatives, your fenators, or your governor^ 
immediately before an election audio fome 
time after ? 

•* Do you think that the arguments of- 
fered by the governor againft the adjuft- 
ment law, would not be equally found, le- 
gal and applicable under the Britifh gov- 
jernment ? 

** Do you think the mode ot trial by 
impeachment, borrowed from the Britifh, 
is the cheapejl, the beft, and moft effica- 
cious in fupporting the rights and redref- 
fing the wrongs of oppreifed citizens a- 
gainft the alTumed powers of court ?" 

A number ot thofe democratic citizens 
who are oppfed to the diforganization con* 
templated by the new fa£lion of revolu<> 
tionifts, convened the 21ft inft. at the 
White horfe tavern, for the purpofe ot de- 
vifing meafures to countera£l the ruinous 
proje6ts which are now in agitation among 
the enemies of the conflitution. Among 
other proceedings, the following refolu- 
tions were adopted. 

Refolved, That inafmuch as the legifla- 
tive department of the government ot this 
commonwealth, is not vefted with a con« 
ftlftutiona], or lawful authority, to call a 
convention ot the people, for the purpofe 
of aboliihing, or altering the ftate confti- 
tion (which every member ot the legifla- 
tUre has t>een folemnly fworn, or affirmed 
to fupport) the cafl of a convention, by 
the^ general affembly, can be Juflified on a 
principle of public convenience, after the 
people themfelves have fairly and fully 
deliberated and decided upon the fubjefl. 

Rejolved^ That as the people of Penn- 
fylvania have not had an opportunity to 
deliberate and decide upon the recent pro- 
jeS for calling a convention (a projeQ 
which was divulged in the city of Phila- 
delphia but a Jew days ago and which has 
not yet /been announced in many parts ot 
the ftate) to abolifh and alter the conftitu- 
tion ; themembeis of the legiflature can- 
not, at this time, po lit (s the degree of \v\^ 
formation on fo momentous a fubje6>, 
which would juftify a legiflative interpo- 
fition. 

Refolved^ That the memorial and re- 
monftrance againft calling a convention, 
propofed by the Society of Confiiiutional 
Republicans tor the confideraiion ol the 
citizens, be figned by the Chairman, and 
counterfigned by the Secretary, and that a 
copy thereof be tranfmitted to each branch 
of the Legiflature, with copies of the fore- 
going refolutions. 

GEO. LOGAN, Chairman. 
Attej^^ Matthew Carey, SecWy. 



No. 15. 



A|)t 23'dante. 



119 




Be it om- weekly task, 
To note the passing tidings of the times. 

^Utf^^pril 9. 

The following paflage in Mr Burr's val- 
ediflory addrefs to the Senate ot the Uni- 
ted States is worthy of attention : — 

•« BUT he chaJJenged their attention to 
** conGderations more momentous than a- 
•' ny which regarded merely their perfonal 
** honor and chara£ler: the prefervation ot 
".the Law, ol Liberty and the Conftitoiion 
*' — this houfe, faid he, is a fanQuary and 
*• a ciudel pi law, of order, of liberty — 
" and it is here — it is here — in this exalted 
*• refuge — here, it any where refiftance 
*• will be made to the florms ot popular 
•• phrenzy and the filent arts ot corrup- 
•• tion :— and if the Conftitution be defti- 
*• ned ever to perifh by the lacrilegious 
*• hands of the Demagogue or the Ufur- 
** per, which God avert, its expiring ago- 
•• nies will be witneffed on this floor." 

A man by the name of Banks, living in 
the Bowery, New-York, lately oiurder* 
edhis wife, and made his efcape. 

NAVAL ENGAGEMENT. 

NORFOLK, MARCH 26. 

CapL Nevftll^ arrived here on Saturday 

tafifrom Bermuda, handed us a paper 

from which we copy the Jollowing ac- 

count §f a dejperate and gallant aSion 

between an Englijh a French frigate. 

BERMUDA MARCH 9. 

Wednefday came in from a cruife His 
Majefly's (hip Leander, Capt. Talbot, with 
the French frigate La Ville de Milan, com- 
manded by Monfeur de Reynaud, captaine 
de Vaiffcau, and member of the legion ol 
honor, and Monfieur Gillet, captaine de 
frigate under jury mafts, which (hip had 
heen taken by the Leander ; and alfo 
with his Myefty's Ihip Cleop!ttra, Capt, 
Sir Robert Laurie, baronet, alfo under 
jury mafts, retaken by tKe Leander. A vq- 
ty defperate engagement had taken place 
between the Cleopatra & Li Ville de Mi- 
lan, which ended in the capture otthe for- 
mer, and of which the following are fome 
ot the particulars ftated as accurately as 
we have been able to procure them : 

About ten o'clock, A. M. of the 6ih of 
Feb. La Ville de Milan hove in fight, and 
the Cleopatra gave chafe, holfting Ameri- 
can colours to induce the other to bring to. 
La Ville de Milan, however continued her 
courfe, and the Cleopatra, (though under 
a f refs o\ fail} could not come up with 



her foas to brin^ her to afiion, until half 
paft two o'clock, P. M. of the 16th Feb- 
f^ry, when the aQion commenced, and 
continued with great fury on both fides, 
within half cable's length. During two 
hours and an half the Cleopatra, had great- 
ly the advantage, notwithffanding the 
great fuperiority of the force of the enemy, 
and would in all probability have foon o- 
bliged the French to lurrender, (having at 
5 P. M. (hot away her main top fail yard 
and her mafls being very much wounded] 
had not the wheel of the Cleopatra been un- 
fortunately flruck with a (hot which ren- 
dered it immoveable and the rudder at the 
fame time fo choaked as to be wholly inca- 
pable of direfling the movements of the 
(hip. The Cleopatra having fhot a head, 
was, at the moment of the wheel's being 
(truck with the (hot, •ttempted to crofs the 
bows of the French (hip, fo as to rake her, 
when tha enemy (eeingthe accident which 
had happened, and that'^fhe was wholly 
unmanageable) with the wind on his beam, 
and a heavy fwell, run. his head and bow- 
fprit over the Cleopatra's quarter depk — 
and availing himfelf of his great fuperiori- 
ty in numbers, under a tremendous fire 
from his mufquetry, which almoft cleared 
the Cleopatra's deck, attempted to board. 
They were, however, with the greatefl 
bravery driven back by the gallant few 
who yet remained to defend the (hip. An 
attempt was now made to hoift the foretop 
mail ftay fail, and to fei the fprit-fail top- 
fail, in order to ^get clear ot the enemy's 
iih"p ; but the me*i ordered to do this duty, 
were all killed by the mufquetry of the oth- 
er fhip, and the Cleopatra being now 
able to bring only two guns to bear upon 
the French (hip, and that with very little 
efFeft from her fuperior height, and the 
French mufquetry fwecping the deck8,the 
enemy at length fucceedcd in boarding, 
and at a quarter paft 5, P. M. (after a (e- 
vere and bloody conflift ^f i>car three 
hours) the Cleopatra was obliged to give 
over an inefTeflual refiftance, and to fur- 
render to fuch a fuperior force — aided as 
it was by an unfortunate accident. After 
the aflion the Cleopatra was a mere wreck, 
no mafts ftanding but her mizen-maft, her 
fore-maft and alfo her bo%cfprit having 
been fhot away.; and the next morning the 
French had no maft Qanding but her fore- 
maft ; her main-maft and mizen-maft hav- 
ing gone over the fide. 

To form a juft opinion ot the very gal- 
lant defence made by the Cleopatra, in 
this feverea£lion with a frigate of fuch fu- 
perior ftrength, it is only neceff^ry to ftate 
the comparative force and numbers on 
board the two veflcls. La Ville de Mi- 
lan was laid down for a 74, is a (hip of 
1200 tons burthen, with fifteen ports of 
a fide upon her main-deck, upon which 
(he had mounted in the a^ioo twenty, fix 



French eighteen-pounders, each carrying 
a twenty-two pound fliot ; fourteen long 
nine-pounders upon her fore-caftle, with 
a crew of 360 men, befides twenty offi- 
cers,and a number of foldiers,who were go- 
ing paiFcngers to France. The Cleopatra 
mounts twenty-two twelve-pounder», and 
had 199 men in the a3ion ; fo that in fize, 
number of men, and weight of metal. La 
Ville de Milan was nearly double the force 
of the Cleopatra. There were twenty- 
two men killed and thirty-fix wounded on- 
board the Cleopatra ; among the latter 
were fcven oflicers, including Mr. Mitch- 
ell, (the eldeft fon of Sir Andrew Mitch- 
ell) who was dangeroufly wounded in the 
(houlder. We have not heaid how many 
were killed and wounded on board the 
French (hip ; among the former was Mon- 
fipur Reynaud, the Captain de VafTeaui 
and among the latter, Monfieur Gillet, the 
Capt. of the frigate. After the Cleopatra 
bad been about a week in po(rr(riQn of the 
frigate, the Leander, Capt. Talbot, moft 
toitunately hove in fight,after a (hort chafe, 
took b6th the (hips,without the leaft rcfifi-- 
ance on their part, and brought them with 
her into this port. The a8ion happened 
about three degrees to the fouthward of 
this port. 

BATAVIAN REPUBLIC. 
The fpeech of the Burgomafter, Van 
Ha(relt, upon the new demand of the State 
Direfiory^lor a contribution from Capi- 
tal and Incotne, does not merely throw % 
light too ftfong tor the eyes of Buonaparte 
upon the fufferings, but upon the courage 
and defperation of the Hollanders ! The 
terms and the tones ot M. Van JiaiTeh, 
are thofe of a Pairiot,whom the miferies ol 
his country have rendered indifferent to 
his own fate I He paints, with little cau- 
tion and referve, the danger and perplexity 
ot the State« which he defcribes as upon 
the brink of annihilation ! He fays, that 
entire deftrujElion and blotting out from 
the lift ot nations, is the recompence which 
the United Provinces have received from 
the immenfe facrifices they have made for 
the acquirement and defence ot independ** 
ence and freedom ; and he treats the de- 
mand of the new tax, as being folely foun- 
ded on the alledged extreme neceffity of 
the State, which he confiders to refult from 
a total ftagnation in every branch and de*> 
partment of the Government and Admin- 
iftration ; from the Infurreftion ot both 
Army and Navy ; and from general Bank- 
ruptcy. \London Paper. 2 



CORRESPONDENTS. 

The Communication of our «« friend and subscri« 
ber,*' is rather deficient in poetic merit. 

NoTB.— We omitted giving credit to the Norfotk 
Ledger, for the article umler the head of I^lvcrsit/f 
entitled'" CIE9VLAE lbttsas." 



120 



Cge 20^{ante. 



Vol- IV. 




FOR THE BALANCE. 

RURAL SIMPLICITY, 
om Natuaji umsbackles by Fashion. 
P 

HI L LIS, the fair, trippM it over the lawa away, 
BHihsome as Comus and mild as the Spring: ; 
Just as bright Phoebus announced the dawn of day, 
And the gay lark did most cheerily sing. 

Far through the pastures, the dew-drops had tipp'd 
the grass 
Lightly with nectar, from Jove's own domain j 
Seeking her new-mllch cows, round the lots skipp'd 
the lass, 
Searching them over and over again. 

Samuel, the farmer's man, saw the fair Phillida, 
As 6*er the fallow- ground nimbly he hied ; 

••Hail ! lovely maiden !" he cried, and most readily, 
«* Hail ! gentle farmer P' fair Phillis replied. 

After the cows then tojg:ether they sped away. 
When this young milk-maid her story had told : 

But the poor farmer's heart was by love led astray, 
Love, which is conqper'cfby nothing but gold. 

With gentle accents and faultering diffidence. 
Soon to the maiden his flame he made known ; 

Kindly she Seated him, bade him have confidence. 
She would receive him an<f call him her own. 

Quick to Ae chmx:h they repiur'd, in their best array, 
There were united by mutual vows ; 

And die fond Samuel has often sin^ blessM the day 
When he met Phillida seeking her cows. 

ALCANDER. 



CIRCUI^ARLETTERS. 
Are not more common from our know- 
ing members ot congrds to their conftitu- 
cnt8, than they are from the kind, attentive, 
and intelligent merchant^ of the Hans- 
Town? to \\\t\r friends in America. Tiiefe 
latter, alfo, ricver fail to print their circu- 
lars, which they generally fend in dupli- 
cate and triplicate ; with price-current, 
and other papert inclofed, in fuch quanti- 
ties a« to amount to no trifling fum for poft- 
agein the courfe o\ a year. . Another cir- 
"tumftance atiends the receipts ot thofc 
communicationt ; from ignorance of the 
topography of this country, orcarelefs of 
the expence occafioned, the writers fre- 

?[uently fend them to that port mod diilant 
rom their addrcfs. Many a£ls of retalia- 
tion have been pra£lr(ed ; a merchaitt oi 



• Baltimore once enclolcd to Ruker & 
I Wortman of Hamburg, one hundred ot 
their own letters, by way 6t Spain^— and a 
wag in Philadelphia, fome years ago, %L 
4re(red the following letter to another Hamr 
burg houfe ; which we republifh as a fpe* 
cimen of good praSical humour. 

PHILADELPHIA, DEC. lO, I797. 

Ta Mr. J. Amberg^ a Merchant in Ham* 
burgh 

I had the peculiar latisfaClion of receiv- 
ing, on the 7th inftaht, by way oi Balti- 
more, your very refpe£lable favor of the 
firft of January laft, covering a price-cur- 
rent oi Hamburgh, and a date of your mar- 
ket for articles of import as well as export. 

Having been honored with feveral late 
communications from you by the way oi 
Bofton, New-York, &c. for which I have 
paid feveral dollars pottage, I thought it but 
juft and grateful to make fome handfome 
acknowledgements of fuch fingular favors, 
and have therefore inclofed, foi^rour peru- 
fal, Poulfon's Almanack for tne prefeni 
year, in which you will find fome very 
flirewd prognofiicks ot the weather : and 
although the year will in a iew days 
expire, yei it will, no doubt, afford you 

f^reat pleafure to know that we moftly hava 
bme kind ot weather in this outlandifh 
country ; and furthermore, it muft prove 
very agreeable to be informed of the kind 
we have had even in times pafi. 

For your further information I have fent 
herewith •• Gale's Independent Gazet- 
teer" for Jan. 3d, 1797 : in it you wiH 
perceive advertifed for fale, twenty thou- 
fand weight of rappee fnuif, fit for expor- 
tation ;*' a capital job ;. and feveral other 
advertifements' and articles oi equal value 
and prefent utility. 

I have annexed, for your particular 
government, a lift of feveral articles of 
domefiic produce and manufacture, which 
I have no doubt will alfo contribute much 
to your advantage. 

This goes via England, and you may 
expe£l to have the benefit of frequently 
hearing from me in the fame way. Wait- 
ing your very agreeable commands, I am 
yours, &,c. 

PRICESXURRENT. 

[inclosed in the above letter.] 

Potatoes — Small ones, 2S. lod. to 3s. 
3d. per bufhel ; large and mealy, 3s. pd. 
to 4s. 6d. 

Cabbage — (mall and rough, fid. to 4d. 
per head ; large, fit for four-crout, 6d. to 
lod. 

Onions — red and flrong, ^d. to i#d.per 
rope ; white and comfortable, is. 3d. to 
IS. lod. 

♦ Magnolia Flowers— 2d. to ^d. per 
bunch ; none at the market. 

Bear's Meat-*-Beft quality* lod. to is. 
6d* per lb. 



Samp — pd. to iid. per quan. 
.Rabbits — Skin and all, ^^d. to Ti|d. 
per piece. 

Oppoflums— Single bellied, 38. 6d. to 
5s. /d. per piece ; double bellied, 6t* to 
78. 6d. 

Eggs — Frefb laid and virgin, is. 8d. to 
as. with chickens in the fame. 

Cows' Tails — id. per piece. 

Bulls' do. — fid. to 4d. do. 

Pepperpot — Madeoi tripe, sd. a cup- 
full ; with chickens in it, jjd. 

* Cash 7. 6d. per dollar. 

Articles marked thus *, are not to be de- 
pended upon tor large fupplies* 

A fon of Neptune, inquiring the other 
day of a democratic relation, the caufe ot 
the violent proceedings and rafh roeafures 
ot his party, was told fhey were from a 
dread ot Monarchy. •• What I" faid the 
failor, •• Are we all to go to 11-1.1. for fear 
of Monarchy.** [Palladium,'\ 

A Gentleman lately boafling in London 
ot the quicknefs of his fight, laid, by way 
of confirming his remark, ** That he faw 
at that moment a moufe on the top of the 
monument.** •• I cannot fay I fee it,'* re- 
plied a fneering and incredulous friend, 
•• but I plainly hear it run.*' 

. [^London Paper.'] 

TERMS OF THE BALANCE, 

FOR 1805. 

To City Subscribers, Two Dollars and Fifty 
Cents, payable quarterl J. 

To those who receive them 1^ mail^ Two Dol« 
lars, payable in advance. 

To those who tane their papers at the office, ia 
bundles, or otherwise, a deduction from the citf 
price will be made. 

A handsomcf Title Page and Table of Conteoli 
will accompany the l%st number of the vokime« * 

NOTE. 

The first second and third Volumes of the Balance 
may be had on the following terms *-*- 

Fir»i Volume — unhound^-' • g 2 

Second Volume, - t jg 2, 50 / 

7 bird Volume - - - j5 2. 5^ 

7b€ three together, - - g 6, 

If bound, the price of binding (eithejp plain or^ 
egant) will be added.^An unbound volume may be 
sent to any post-office in the state for 52 cents post- 
age ; or to any post-oifice in the union for 78 cents 

Advertisements inserted in a ha^idsome and con- 
spicuous manner, in the Advertiser which accompa- 
nies the Balance 



PUBLTSHED BY 

HARRY CROSWELL, 

Warren Street, ^d^oiu 

WHEBK PRINTIWO IN OBKERAL 18 EXEC«T1» 
WITH. BLBQA»OX ▲»» ACCIJ^ABTj 



No. 16.- 



COLUMBIAN 




Vol. IV. 



«s 



REPOSITORY. 



*' HAIL CACRED POLITT, BY FREEDOM REAR'o ! 

** HAIL SACRED FREEDOM, WHEN BY LAW RXSTRAIN'O !"' 

BBATTIS. 



HUDSON, (NBW-YoRi) TUESDAY, April i6, ^805. 



OBtiitortdL 



5»4ERCHANTS' BANK. 



Ti 



HE writer in the Bee, alluded 
to in our Iaft« ii diftinguiflied trom the or- 
dimry correfpondentt of that print, by his 
audaciey. He has none of that lifping diU 
fidence ; that blafliing guiltincfs, by which 
the editor and moft ot his affiSants are 
knoWB* It fliould be recoUefied, too, 
that this publication appeared in the Bee, 
after intelligence bad arrived in town ot 
thepaffiog of the refolution in our legifla- 
Ciirc for profecuting Cheeiham tor publica- 
tions not an atom more libellous. This 
faft alone proves the extreme hardihood 
6f the writer. It is not for us to fay why 
the Bee has been employed to difleminate 
the (editions tales againftour gpvernment. 
It hat indeed fomething ot a name for fe- 
dition : But it is fo completely out ot cred- 
it and circulation, that no ta£lbn can (eri- 
oufly think of gaining any thing by its af- 
&ftance. We confcfs, however, that no 
man could be enlifted wiih more eafe, in 
any caufe (particularly a bad one) than the 
editor ot the Bee. Loft to every feeling of 
patriotifm, he regards no intereft but his 
own : And, therelorc', whilft the charges 
ot bribery and cerruption are fo liberally 
bellowed, it may not be amifs to apply the 
old faying...." The grealeji rogue cries 
rogue Jirji- ^ 

The writer m the Bee commences with 
die unqualiBed aflertion, that *• the means 
•• employed to obtain the charter [of ih • 
" Merchants' Bank] are fuch as reile£l dif- 
** honor on the legiflature, infamy on the 
*' corrupt individuals concerned, and dif- 



•• grace on our national charaft^r." This 
is a ferious aiTertion, and, were it true, we 
Ihould admire its boldnefs and fpirit : But 
with all the evidence. t>etore us, we fee no- 
thing to warrant it. On the contrary, we 
declare, and we are able to fupport the de- 
claration, that no proof has yet appotred 
that ** dilhonorable, infamous or difgrace- 
ful means" were employed to obtain a 
charter for the Merchants' Bank. 

The writer piroceeds— 

" If our public officers, the depofita- 
" ries of our rights and liberties, are capa- 
<* hie of being bought and fold to the high- 
** eft bidder ; it votes in the legiilature are 
" to be purchafed for money* and the long- 
^ eft purfe will command the firoogeft 
" majority ; then are our public affairs in 
"a lamentable fituation, and it is time for 
*^ every good man to look about him." 

Truly, we think fo too : And //"the wri- 
tcr means to' be underftood that this is the 
cafe at the prefent time' ; and t/'his fufpi- 
cions are well founded, we hope he will 
have the candor to acknowledge that cor- 
ruption and impurity have grown remark- 
ably rife in thefe days ol democracy. It 
may furnilh him with a good lefFon, if he 
will take the trouble to contraft this ftate 
ot things, with the times when federaKfm 
was triumphant. Did he ever hear of bri- 
bing legiflatures ttien ? 

•• I will not (fays the writer) totally con 
•• trovert the maxim ol Sir Robert WaU 
*' pole, that every man has his price. But 
" this I will declare, that wh<*n legiflators 
.*• have too little honefty to refufe bribes, 
'« an(i too little fhame to conceal them, le. 
*' giflation is a wretched farce, and defpo- 
** tifm preferable to rcprefchtative govern- 



** ment. In fuch a cafe, a Cromwell or 
" Bonaparte ii a bleffing to a country. Of 
^* what avail are oaths of office, or the ob« 
*' ligations of honor and juftice ? A def- 
*< potic mafier is better dian corrupt and 
<* traitorous agents.'* 

Admitting the truth of this pofitbn, wliaft 
is to be the final event ? When the demo* 
crats were ftruggling for an a£cendency a* 
flBongft us, there was no end to their fair 
promifes and flattering reprefenutions.— » 
They were to remedy alt the evils preva- 
lent under a federal adminiftration. They 
were to proceed according to the di6Utea 
of honor,, juftice and virtue. They pre^i 
vailed. There is not even an oppofition ta 
themt which they deem formidable. And 
now, with their own motiths they are com* 
pelled ta confess that they have too little 
virtue to maintain the reprefentative fyf- 
tem. They acknowledge that they have> 
by their want of honefty, tendered legifta* 
tion fuch a •* wretched farce," that defpo« 
tifm would be preferable to it... .that they 
have made the country lo miferable, thai it 
would find a blefTing in a Cromwell or a 
Bonaparte. Our deftiny, then, is fixed.— • 
The hiflorian is to add America to the cau 
alogue ot nations, that have pafled from 
flavery, through revolution, to freedom... • 
from freedom to licentioufnefs....from li- 
centioufnefi to anarchy... .from anarchy to 
defpotifm I 

But let us be cautious how we give cred" 
it to every thing that is told us by the art- 
ful and dcfigning. Perhaps we have in 
America, a Cromwell or a Bonaparte, who 
would gladly make us helieve that our pre- 
fent iyftemis corrupt, and that a «• defpot- 
ic mailer" would be preferable. There 
may be men amongd us, wiiofe intereft it 



122 



fflge S^dante. 



For. I'SOS. 



is, to bring our rcprerentative government 
into contempt*. ..to make the people Joaihe 
the very liberty they enjoy, and thus ren- 
der them fubmifDve to the yoke of a def- 
pot. Thofe who falfely accufe the major- 
ity of a large and refpeSable legifJative 
body, of bribery and corruption^ can have 
no good defign. It evinces the mofl dead- 
ly hoftility s^atnft the rights and liberties 
of the people. 

We are not left entirely in the dark 
with refpeQ to the obje3 of this writer. 
He opens his heatt before he clofes his 
communication, and plainly tells us that 
the feats in the Legiflature, now occupied 
by democrats, are wanted by other demo- 
crats who have labored long to put down 
the federalifts, and have never yet received 
an iota ok compenfation. The people 
are, if poffible, to be duped by this bold 
projea,.and induced to *« burl " their pre: 
fent Reprefentatives •• from public confi- 
dence and eftecm." To obtain fuch a 
defirable tnd^ the moft bafe and violent 
puans are reforted to ; and it is left to the 
good fenfe pf the people to decide whether 
they Ihail prove e£fe£lual. 

FROM THE EVENING POST OF^M'^UCH 1/, 
The American Citizen of yefl^rday ac- 
knowledged the receipt ot fom<i' queries 
iddreffed to me which were delayed for 
want of room ; ih the paper ot u>*day the 
following is given — 

COMMUNICATION. 
Mr. Coleman appears to view the bold- 
nels of the language adopted by Manlius 
with aftonifliment. He confidered the ap- 
peal made to the reftitude which fliouid 
govern a Council ot Revifion, compofed 
of men who are to adminlfter the juftice of 
their country, as indecent ! Let this gen- 
tleman, whofe fenfe of delicacy is fo ex- 
tremdy acute, anfwer the following plain 
and palpable queftions. 

1. Sliould a Council of Revifion, pafs 
a law in the face of evidence to prove that 
it originated in bribery ? x 

2. Does not Mr* Coleman believe, and 
let him once in his life be candid, does he 
not believe that Judge Purdy was bribed ? 

3. Is it not more than probable that the 
fate of the bill in the Senate was determin- 
cd by bribery, praflifed uppn or by mem- 
bcrs of that houfe ? 

4. Does he believe the Affembly to 
have been more honeft and uptight tbanthe 
Senate ? 

Let htm anrwerthefe qneftions with fin- 
centy ij ke dare. The quibblinjr of a lawyer 
fiiali airftil him noU ACORK£Si>oNi)£NT. 



This «« correfpondent*' certainly roifap- 
prehends or at leaft mifreprefents me. 1 
did not confider an appeal to the Council 
ot Revifion as in itfelf indecent: but I 
confidered the attempts to dilate to the 
Council and to prefcribe to them a rule of 
adion, to make their decifion on this quef- 
tion a criterion of their integrity, and to 
infift that if they decided in any way but 
that which fuited this writer they ought to 
bedilgraced, this it was tl^at I^confidered 
fo highly indecent, Manlius undertakes 
to afTert pofitively that the Merchants' 
Bank Charter was obtained by bribery and 
corruption ; perhaps he has in his pofTef- 
fion fuch circumftances as are to his own 
mind evidence of the faft ; but does it 
therelore follow that this rouft be equally 
fatisfa£lory to every other mind ? and i« 
every perfon who is not convinced of it in 
the fame manner with himfelf, to be brand- 
ed as infamous ? Are the Coaftitutional 
authorities to be fiigmatized as giving their 
fanflioiv^to bribery and corruption if they 
(hould dare to view the fubjeft in i differ- 
ent light from Mr. Tunis Wortman, and 
to be threatened, that his pen (half" tranf- 
mit their fhame to pofterky ?*' This mbdeft 
young gentleman then has taken upon him- 
felf, it feems, to be the confcience keeper of 
theGovernor, Chancellor and Judges, and if 
they do not think as he thinks and a£l as 
he afts, they are to lie rendered infamotrs ? 
Whether tfMa was very detent in him 1 
fhall leave to every man to judge for him- 
felf without further comment, and fliall 
now pafs on to bis queries, *' 

Whether Judge Purdy or any other mem- 
ber of the Senate^r of the Houfe, has boei 
bribed out ot his vote, I know not ; the 
prefumpcion is otherwife, and fo far as we 
have received information ot the queftion 
having been brought to the teft, the refult 
has been otherwife. As to what ought to 
be the confequence of bribery in fuch caf- 
es, the rule i take it is very clear. The 
firft thing to be afcertained is, wheiher the 
corrupt votes were or were not material to 
tf>e iffue ; for if, after the fubftraSipn of 
the bad votes, a Competent majority of 
good votes ftill remain, then it is certain 
that the bad votes ought to ofouin no con- 
fideration whatever, inafmuch as it would 
be againft all reafon as well as law that the 
bad votes ought to have the eScfi to vitiate 
the good ones. This rule has been adopt- 
ed in Congref« on contefted elefiions ; it 
has iong ago been fettled, that if, notwiih- 
fiandrng the bad vote?, enough good ones 
remain to fupport the eleflion as returned 
it (hall ftand. 

Allowing then that Judge Purdy is as 

I corrupt as the enemies of the Bank would 

I make him, it can be of no avail, unlefs they 

can prove that as many more were alu> 

corrupted, as would have varied the refult 

I ot the Senate; and ia the Howie they will 



have to (hew that at leaft three and twenty 
members have been corrupted. But their 
difficulties would not, we apprehend, flop 
eVeri here. For the next thinjg to be done 
in order to ftrike a lair balance, would be 
to fubftraa the bad votes ot members who 
have been bribed and corrupted to vote a- 
gainji the Bill and we really believe, for 
our belief is now appealed to, that at leaft 
as many votes have been corruptly obtained 
againft the Bank as/^r it. *• Are you an» 
fwered Mr. Manlius ?*' 

[The foUowinglfCf , as originally introdwccd by 
Mr Van Nbss, has passed the Legislature, and 
Council of Revision, and has become a law of this 
State. We have ao room fbr comments thic 
week. Edit. Bal.] 

AN ACT CONCERNING LBIELS. 
Pujed 6th April. 1805. 

Whereas doubts, exift whether on the 
trial of an indiflment or information: for a 
hbel the jury have a. right to give their 
verdi6t on the whole matter in iffue : 

I. Be it therefore declared and enaSed 
by the People of the State of Ntw-Yort, 
reprefented in Senate and. Aflemblyy That 
on every fuch indiSment or information, 
the jury who (ball try the fame, (hall have 
a right to determine the law and the fa£l un* 
der^hc direfiion of the court in like man. 
ner as in other criminal cafes, and (hall not 
be dire£led. or required by the court or 
judge before whom fuch indi£lment or in- 
formation flmll be tried, to find the defend* 
a'nt.guihy merely on the proof of thepubli- 
caticm by the defcndaut of the matter charg- 
ed to be libellous and of the ienfe afcribed 
thereto in fuch indiSmentor information: 
Providence never theUJs.Th^i nothing here* 
in contained fhall be held or taken to im- 
pair or deftroy tl)c right and privilege of 
the defendant to apply to the court to have 
the judgment arrefted as hath heretofore 
been praflifed. 

II , And be it further declared and enaS^ 
ed. That in every profecution for writing 
or publifhing any libel, it (hall be lawful 
for the defendant opon the trial of the caufe 
to give in evidence in hia defence the truth 
of the matter contained in the publication 
charged as libellous : Provided altvays. 
That (uch evidence (hall not be a juftifica- 
tion, unlefs on the trial it (hall be further 
made fatisfaftorily to appear that the mat- 
ter charged as libellous was pnblifhed with 
good motives and lor jufti Gable ends. 

III. And be it further enaded. That any 
perfon or perfons who (hall after tf)e puff- 
ing of this a£l be convifled ol writfng or 
publi(hing alibel, fuch perfon or perfons 
(hall not be fentenced to an i m pri ft 'n merit 
exceeding the term of eighteen months or 
to pay a fine exceeding the fum ot five' 
thoufand dollars. 



No-. 15. 



€|^ SS^atenct 



123 



as 



iS 



IV. And be it furiktr inaStd^^ That 
jfromand aCtcr the pafling of this aS. it 
Ihall not be lawful to profecute any perfoo 
or perfoDs by information for writing or 
publifbing any libel. 

<^ttor^Cto^et* 

" THE WINDING UP SCBNR," 

In the Sute Legiflature, at in the Con- 
grefs of the U. States, we have had an atnu- 
fing «* winding up fcene," Or^ Wednef- 
day evening laft, juft at the clofe of a moft 
fiormy feflion, in (he courfe of a waraa 
difcuflton, in the Senate, fome democratic 
compliments paiTed, between Judges Tay- 
krand Purdy, in which, we are informed, 
they gave each other /A^ lit ! Order, how- 
ever, was rcftored. The Senate foon after 
adjourned Jint die / and the chaplain had 
cldied his valediSory prayer, when Tay. 
ler fiepped up to Purdy, and told him, 
that, as the Legiflature jiad adjourned, 
they ftood in the chara£ler of private citi- 
eens. High words enfued, and they he- 
ftowed on each other, without ceremo- 
ny, the gentlemanly epithets of " d-^^-^-d 

it«r,'*and *' d d rafcair till at length 

Tayler aimed a blow at Purdy, which 
tbok him in the belly, t>ut did but littJ^ 
ij^ury» Purdy Teized a chair, with which 
lie would unqueftiooably have ftruck his 
antagoniA to the floor, had not the cha(). 
Iain and fome of the members interpofed. ' 
Thus ended the affray — and thus ended 

the Seflion. 

For a circumftantial detail of the above 
iranfaQion, we refer the reader ^o the fol- 
lowing article from the Albany Centinel 
of the 12th inft. 

The memordble feffion of the Legifla- 
ture clofcd on WednefHay. We fliall lay 
before our readers a lift of the ads pa(red, 
foon ; together with fuch other details of 
iheir proceedings, as we fliali deem inter- 
efting to the public. To-day we can w\y 
offer tor general amufcment the outlines of 
A Genuine Republican Fracas in the 
Senate. 
In*the afternoon, a refolution was mov- 
ed by Mr. Savage, having for its objeft a 
dereii£lion of any further proceedings up- 
on the information difclofed in Judge 
Peck's affidavit againft Mr. Stewart, of 
this city, refpeifting his fuppofed oflEer of 
(hares for votes in favor of the Merchants' 
Bank. This was preceded by a recital, 
ftating in iubftance, that it did not appear 
from any evidence before the Senate, that 
the convprfations alluded to in that afHdavit 



were had With inlpropcr motives on the 
part of Mr. Stewart. The rerolution was 
oppofed by Judge Tayler, who urged that 
Mr. Stewart Oiould be immediately brought 
before them, in order to have the buGnefi 
poftponed to the next feflion. This was 
objeHed to on the ground that if the fafls 
charged, amounted to an offence^ it was an 
offence againft the privil^es of the metn- 
berj^ of the prefent Legiflature — notayii- 
iure one. Much warm altercation enfued ; 
in the courfe of which Judge Purdy obferv- 
ed, that if fuch charges amounted to bri- 
bery, he had in his eye perfons who praflif- 
ed the fame thing when the State Bank 
was incorporated. Mr. T. wiftied to know 
if he was one of thofe alluded to ? Mr. P. 
replied that ho was. Mr. T. faid the 
charge was falfe, and if Mr. P. repeated 
it out of doors he fliould anfwer for it in a 
court of juftice. The geotleraen were 
called to order. Soon after this a refolu- 
tion was received from the Aflembly for 
concurrence, that the Legiflature immedi- 
ately adjourn. Mr. Savage's refolution 
being difpofed of by the previous queftion, 
whicn was carried unanimoufly — And the 
minutes of the day being read over and a- 

Seed to, it was propofed that the feflion 
ould clofe with prayer. 

Froin the moment iht /mart had pafled 
between Mr, Tayler anclMr. Purdy, un- 
til this time, the former had continued to 
traverfe the floor of the Senate room aU 
moft inceffantly, as one who felt foreiy dif- 
comfited, or * 

•• Some great matter in his mind rev^lv*d" 

The Rev. Mr. Wilfon, one of the Chap- 
lains, who attended for that purpofe, now 
add re fled the throne of grace in an appro-«^ 
priate and very excellent prayer. The 
Senate then adjoarned^T?/?^ die. Immedi- 
ately after prayers — we fliould have faid 
adjournment, Mr, Tayler walked round the 
table to Mr. Purdy^ and told him in fome- 
thing of a low voice, that the Senate being 
adjourned, he now met him as a private 
citizen — ^and wiftjed to know what he 
meant by his oblervation ? alluding to the 
above. Mr. P. replied that he meant to 
tell the truth. Upon this Mr. T. called 
him a lying old rafcal. Mr. P. retorted, 
by calling him a rafcal or a fcoundrel in re- 
turn. Upon this Mr. T.Jans ctremvnie, 
ftruck him a violent blow with his fift juft 
under the ribs, which ftaggered him con- 
fiderably. Mr. P. paufed an inftant as if 
to colleft himfelf — then fei zed a chair and 
aimed a blow at the head of bis antagonift, 
but was prevented effeQ ing it, by the inter- 
ference of their brother Senators. Mr. 
T. then left the room ; and as he went out 
of the bar he faid to Mr. Pilrdy, you know 
where I live, fir. If you wjfii for fatisf ac- 
tion you'll find me at home. 

Tiie foregoing is as accurate a ftatement 
as we have been able to colleft of this ex- 
traordinary tranfafkion, We have fub- 



I mitted it to feveral members of the Senate 
' and others, who faw the affray, all of whom 
agree in itt being f ubftantially correal. It 
, took place in the prefence of about one 
i hundr^ witneffes. Wirfiin the bar were, 
j beQdes the Senator*, the Chief Juftice, 
Mr. Juftice Spencer and one or two Cler- 
gymen. But if a man will not refpeft 
himfelf^ bow fliall he refpcft others ? 

COUNTY ELECTION. 
At a meeting of Federal Republicans, hel J' 
at Stocking's Inn, in the city oJKudfon^ 
on TyLcfdi^y evening, April gtn. 

STEPHEN PADDOCK, Efy.Chair'n 

JOSEPH D. JENKINS, Sec'ry. 

Refolved, That a committee be appoint^ 
edtc ajfociate with the committee sjrom th^ 
other towns of this county, for the pur^ 
pofe of agreeing dn a ticket for members 
of ajfembly, to be fuppor ted by the federal^ 
ifts at the enfuing eteflion. 

Refolved, That Elijha Williams, Efq. 
H. L. Hofmer, Efqi James Hyatt, Ejq. 
Dr. John Talman, Mr. Ebenezer Rand^ 
Mr. Leveret Crittenden, and Mr. Jona* 
than Begraft, be a committee. 

Refolved, That this committee fe au^ 
thorifed to meet the other committees, at 
this place, on Monday, the tgth ifffi. ate^ 
leven o'clock, A. M. 

Refolved, That this meeting, be adjourn^ ^ 
edto Wednefday^the tyth in/i. to meet at 
the fame place, at 6 o'clock, P. M. 

JOSEPH D, JENKINS, Sec'ry. 

'"^! OLD TICKET. 
At the County Meeting, held purfuant 
to the above refolution, whereof General 
Henry Livingston was Chairman, and 
John Wigram, Efq. Secretary, it waa 
unanimoufly refolved, that the members 
who fo honorably reprefented the county 
at the laft feffion, Qiould again fland in 
nomination. 

Peter Sylvester, 
William W. Van Ness, 
Jason Warner, and 
Moncrief Livingston, 

Were therefore agreed upon ; and a 

orrefponding committee confiftin^ of the 

following geritlerren, viz. Eliftia Williams^ 

John Talman, Hezekiah L. Holmer, E- 

zeki^l Gilbeit and James Hy^tt, appointed 

to give inform t on to the difiVrent parts of 

the county, Commitifees for promotingthe 

eleftion of thefe candidates were alfo ap- 

pointed for the feveral towns. We regret 

that the laienef« of the hour, will not per- 

1 mit us to give the names of ihefe cora- 

1 mitees, nor a more particnkr account 

I of ihe proceedings of the meeiing. The 

i whole will be publlfhed in a h^ndb:)) to* 

1 morrow, and diftributedas early as poHible. 



124 



€it ^Mimtt. 



Vol. IV. 



Btf 



a 




2l0ticu](t«taL 

EXTRACT. 

FROM THE CONNECTICUT COUHANT. 



GRAFTING FRUIT TREES. 

AKE ihofe tree* whofe ftalks 
do not exceed an inch and half in diameter, 
faw them off near the ground, and after 
preparing the ftalk by paring off the 
j-ough furtace, occafioned by the faw, and 
by fplitiing and clearing away the (livers 
(it there be* any) fet your cions ; then raife 
a hill of clear earth, fufEcient to cover 
well the fiump, and to be of two or three 
inches deep, around the cions ; and noth 
ing farther is neceffary, except placmg 
StA^ aroand them, to prevent their injury 
from cattle. This method of grafting is 
attended with the folio <ving advantages. 

1. Any lad of common ingenuity, who 
has learnt to make a/^^n, with a little {bow- 
ing can perform it. 

2. The cions inferted in this way, will 
fejdom fair of living, 

3. Their growth will be very rapid. 
They have been known to grbw to the 
height of four or five feet the firft feafon, 
where the foil is good. 

4. The junSion formed between the ci- 
ons and the ftock in which they are infert- 
ed, will be as firm as though they were a 
natural growth. 

g. Any apple-tree that \%^ merejhrub, 
will anfwer as good purpofe as the mofl 
thrifty, provided the ftock be clear from 
knots and winding, near the ground. And 
in this way^you may foon have the beft of 
Iroit, from thofe trees which would other- 
wife be entirely ufelefs. 

This method of grafting may alfo be uf- 
4td to great advantage, in a young norfery. 
But if you firft tranfplant your trees, they 
muft ftand at leaft one year, left you en. 
danger their lives by the operation. In 
a forward fpring, you may graft by the be- 
ginning of April, and it will anfwer till 
the bark begins to peel. But they are 
more apt to live before the bnds are great- 
ly expanded. It may be added, that the 
common method of grafting a limb of a tree, 
will anfwer a good purpofe, if the tree be 
{mail, and the limb ftand nearly perpen- 
dicular. A limb which grows in a nearly 
horizontal direQion, is in danger of break- 
ing when it begins to bear, by the weight 



of the fruit. If yoo graft a limb, you inufl 
clear away the natural braocliet A the tree 
it the ciont fucceed, or their progrefs 
will be fo flow, as to be of little or no fer* 
vice. 



^omtortat 



To aid the cause of virtue and religion. 

[sZTftACT ABTBRRBI) TO IV OVR LAST.] 

** WHILE yet we ftand in the prefence 
of God, with this aflfedihg fpeCkacle before 
our eyes, and furrounded with the numer- 
ous manfions of the dead, let me call upon 
all who hear me, whatever may be their in- 
tereft in this difpenfation of Providence, 
if any can be fuppofed to be uninterefted 
in an event which may foon be their own 
lot to attend to, and to improve the im- 
portant leflbns fo forcibly taught by the 
prefent fccne. See here, my brethren, a 
faithful reprefentation of the vanity of 
all earthly purfuits, of all human glory. 
Youth, health, beauty, fortune, talents, 
honors ferve for a fhort time to diftinguifli 
one worm of the earth from another. The 
grave opens aAd reduces all to a perfefl 
equality. Look into the houfe appoint- 
ed for all living. What a fad fpefiacle do 
we there behold I Ye fathers and mothers 
of families ! who are ftill fo wedded to the 
world, whofe afTedions, with a finful ex- 
cefs are placed on the creature more than 
on the Creator, fee here the hideous re- 
mains of that amiable aiid beloved daugh- 
ter, once fo fair and fo gay, whofe memo- 
ry ftill wrings your heart aild moifiens 
your eyes— of that promifing boy who was 
the idol of yoor foul and the hope of your 
declining years, but who was ftopt (hort 
in the midft of his career, and cut off in 
the flower of his age ! D'fronfolate huf- 
band ! Behold the mangled form of that 
youthful fpoufc to whole accents of affeft- 
ion you furrendered the foul, on whofe 
beauteous face you gazed with rapture. 
Affli^ed widow ! fee here the huft)and of 
your youth, whofe unftrung arm can no 
longer yield you proteftion, whofe dull 
cold ear cannot liften to your foothing 
ftrains, whofe breafl, once kindled with 
the pureft fire and beating with the beft 
aflPeftions, is now mingled with the clods 
of the valley. '* How vain are all things 
here below !" How uncertain and tran- 
fitory our deareft poffefTions, and our pu- 
reft joys ! How careful fhould we be to 
place our afTeflions on the •• friend that 
tiicketh clofer than a brother," and who 
will not, like earthly friends, die and leave 
us. 

Hither let the men of the world alfo . 
repair, and derive inflru£lion from this| 



icene.' Whalt defolation do yofo here bce 
hold ! What profonivd fileoce reigns a- 
mong the inhabitants of the tomb ! But this 
filence i* rnftruSive : it is eloquent. 
Hear you not a voice ifTuing from yonder 
grave and faying, numker your days and 
apply y^UT fuarts unto wifdom. 

Lifben ye votaries of ambition ! to what 
is addrefted to you by one of the occupants 
of that church-yard ! " I fcave enjoyed 
before you that place of preferment which 
you now feek. I have been furrounded 
with that fplendor which now dazzles 
your fight. I made a figure in the world. 
My titles, my wealth, my dignity, my 
credit were fpoken of with admiration and 
applaufe. But where did all teroMuate ? 
In the grave. And where fhail it termi- 
nate alio with regard to you ? In the 
grave." 

Liften, ye covetous ! to what another 
of thefe dead feems to utter : "I was tor- 
mented with the fame infatiabte defire of 
heaping up wealth that now occupies yoar 
breaft. I became fat on the fubftacce of 
the widow and* the orphan. 1 got to myfcif 
large poflTeflions. But of all thefe what 
did I bring with me into this dark abode? 
Nothingbut a winding-flieet and a cofiiii. 
And what more will you carry away of. the 
treafures whicK you may amafs ?" 

Liften, ye foos of pleafure ! <a the 
voice from ihe tomb : «• I too lived 
voluptttoufly. I withheld not my heart 
from any joy. — Pleafure I tried in all iifs 
forms. But now the voice of omfic is 
low : My pomp is brought down to tlic 
grave, and the noife of my viols : The 
worm is fpread under me, and the worms 
cover me. What you are, I have beenj 
and what I now am, you will foon be." 

«• May the falotary^ impreffions, which 
have this day been, made upon our minds, 
abide with us, and influence oi^r condti£l 
during, the whole of our remaining abode 
on earth ! ! Amen I" 



That charming poet, Cowper, in a fa- 
miliar poetical cpiftle to Lady Auflen, 
thus aptly defcribes the itch/or writing : — 

«« But when a Poet takes the pen. 
Far more alive than other men, 
He feels a gentle tingling come. 
Down to his finger and his thumb, 
DeriYHl from nature's noblest part. 
The centre of a glowing heart ! 
And this is what the world, who knowa 
No flights above the pitch of prose, 
His more sublime vagaries slighting, 
Dcaonunates an itch for writing.'* 



No. 16; 



<C]^ a^dance* 



125 



• In the {bllowinc line$^ Cowpfett convejry 
a fublime idea of mental derangementt a 
calaonty with which he WMt hiinfeif, at 
timet, affliaed : 

« Man is a harp, whose chords elude the sight» 
Kach yielding harmony, disposed aright 4 
The screws reversed (a talk which, i£ he pleasff 
Ood in a monnent executes with ease,) 
"Fen thouiand thousand strings at once go loose ; 
Lost, till he tune them, all their power and use.'l 



A ^HSTITUTIOW dR NO CONSTITUTION ? 



fROM THK POLITICAI. MCISTBR. 

WHILE the events of the French Re^- 
elotion are irefli in oar remenibrance — 
while its atrocities are iliii regarded with 
faK>m>r by every nation of the civiliaed 
world — and when its termination, in the 
lAfoIute derpmirm o\ a miKtary leader, 
ought tor operate as an awful warning a- 
gainft Revolutionary innovation — the free, 
' tfee tranq.uil, the profperous, and happy 
cotntdonweaUh of Penntylvania is threat, 
ened with the ena£lion or Gmilar Icenes ei 
SDifery and defolation. 

AfpiiJtor difcontent is endeavored to 
b« excited a^ainft that form of govern - 
^a^t, for which we encountered the tofis 
and ^sogers of a long and bloody war. 
ObjeSSonh are raifed to that confiitution, 
wfaicb it was the. deareft wifh of our rooft 
approved patriots to eftablKb, and which 
toe experience of an uninterrupted prof- 
perity has cdnfiimed as being fully adap. 
ted to the prefervation of our civil and re- 
ligioas Fiberty, and the promotion of our 
individual and focial bappinefs. The mod 
orrfounded furmifes are offered as reafons 
tor unfettling our government, by the call 
of a Convention.to relorm abufes which do 
not exift — and the moft deteflable arts are 
prafiifed to impofe on the weak and the 
unwary. 

Men, who bore no part in the ftroggle 
tor independence, are the authors of this 
projefl — and mea,who are carelefs of con- 
fequences are its abettors. — Whether the 
citizens of Pennfylvania, who, from prop- 
crty, kindred, and real republican princi- 
ples, are interefted in the continuance of 
her profperity, and the prefervation of her 
peace and freedom, will yield their fair in- 
heritance a prey to defperate and defigiiing 
demagogues, remains to be (een. 

Without impeaching the good (enfe and 
the pairiotifm of its members, we cannot, 
' for a moment, believe that the Legiflature 
will countenance this tttdacious attempt 
to plunge the country into irretrievable 
ruia,— And we rauft conclude, . that tWs 



pernicions projeA will receive a firm and 
deciflve rejeQion* 

The bill to alter the mode of appointing 
the Comptroller. General and tne Regif- 
er- General, which had pafled both Houfes 
of the Legiflature, has been returned by 
the Governor with the following objeft- 
tons : — 

7o the Senate and Houee of ^epreeentativee of the 
CommoKfoeakb of Penntylvama. 

GENTL£MEN, 

I HAV£ read and confidered thelHll, 
entitled •• An AS to alter the mode of ap- 
pointing the Comptroller and Regijter^ 
Generat\^ and as it appears to me incon* 
fiftent with the purview and fpirrt of the 
Conftitntion ofthe State, and alfo inex- 
pedient, I cannot approve it. I have 
therefore dircQed the Secretary to return it 
to the Houfe of Reprefematives, in which it 
originated, together with my obje^ons — 
I which follow :— * 

Firjl — By the fecond article of the Con- 
ftitntfon, made and eftabltfhed by the peo- 
ple of the Commonwealth, on the fecond 
day of September,one thoufand feven hun- 
dred and ninety, fe£lion eight, "The 
Governor shall appoint all officers 
whole offices are eftabliOied by that Con- 
ftitution, or (hall be eilablifhed by law, 
and iufbofe appoiatments are not therein 
oihcrwife providejj for.'* By article fix, 
fefhon five, " The State^TreaJurer (hall 
be appointed annuallv by the joint vote of 
the members of botn Houfes ; all other 
officers in the Treafury Department, at- 
torneys at law, eledion officers, officers 
relating to taxes, to the poor; and high^- 
ways, conflablfs,'and other townfliip offi- 
cers, (hall be appointed in fuch manner, 
as is, or (ball be, direfted by law." 

Thefe being the parts of the Conflitu- 
tion, which have relation to the prcfent 
bill, the fole qaeftion is, what the Conven- 
tion had in contemplation by the words 
•• All other officers in the Treafury De- 
partment, &c. (hall be appointed as is, or 
(hall be direSed by law.*' If it had been 
intended, that the members of the two 
Houfes fhould, by joint vote, appoint all 
other officers in the Treafury Depart- 
ment, attornies at law, and the officers en^ 
umerated in this feQion, the Convention 
would have annexed this power to that of 
the appointment of State-Treafurer jn the 
fame fcntence or claufe. What then, it 
may be enquired, had they in view ? My 
anfwer is, they might have (uppofed, that 
the Legiflature might conceive it neceffa- 
ry that other officers (hould be appointed 
as a check upon him. They may al(o 
have had a reference to the county treaf- 
urers,exci(e officers and others, who might 
be deemed oeceffary to colle& and pay 
money into the State-Treafury, as a part 
of the revenue not vifing from taxes, and 



who might be employed or commiffioned 
folelv for that purpofe. 

Tne Comptroller or Regifter-Generaft 
has at little connexion with the Treafury 
Department, as any other officer in the 
State ; the names of officers merely, can* 
not defignate their department or duties* 
They receive no public monies, nor pay 
into the Treafury ; they mike no reports 
or reference to the State-Treafurer, nor 
are they amenable to him in any manner 
whatfoevcr ; they are entirely conne£led 
with the Supreme Executive Department, 
and are denominated the Department of 
Accounts ; their principal duty is to liqui«> 
date and afcertain the claims and demands 
againft the Commonwealth, and to report 
them to the Governor ; and if they difa- 
gree, he is to decide, and thereupon to 
draw his warrant for the money on the 
State-Treafurer, fpecifying the appropri. 
ate fund. No reafons have been affigned 
in the bill, why thev fliould be confidered 
aa officers in the Treafury-Department^ 
nor can I divine any. 

Since the eftabli(bment of the prefent 
Conftitution, thefe officers have always 
been appointed by the Governor ; and 
by the laft %St of the Legiflature, preceding- 
the prefent Conilitution, the Comptroller- 
General held his office during the picafure 
of the Supreme Executive Council. It' 
may be faid, that this was in purfuance of 
a8s of the Legiflature ; but, under the 
firft Conftitution, the Supreme Executive 
Council were vefted with the power ot 
thefe appointments, though over-ruled by 
the Houfe of Affembly : under the pre- 
fent,ihe Governor has the right to appoint 
thefe officers without the aid of the Legif. 
lature; — and the laft ad of Affembly on 
the fubjeQ, may be conftrued as a recog- 
nition of it. At any rate^ it cannot de- 
prive any future Governor of his Confti- 
tuttonal rights ; and, at leaft, proves, that 
the Governor, in their opinion, was heft 
qualified to appoint them. 

By this bill the' prefent officers are to 
continue in office, until the fecond Tuef* 
day in January next, if they (hall refpeS- 
ively fo long behave thcmfelves well ; but ^ 
there is no fuch provifion fur the f uture« 
I have long entertained doubt refpe6fing 
the power of the Legiflature, to make any 
office (iuring good behaviour, except thofe 
fo dire£led by the Conftitution ; if this can 
l>e done, a Governor, having a fuitable 
undcrftanding with the Legiflature, may 
place his and their favorites on this foun- 
dation ; and thereby not only preclude hit 
fucceffor from the aid of friendly coadju- 
tors, in the arduous adminiftration of pub* 
lie affairs ; but alfo fubjed him to every 
difficulty, which can be contrived by ene- 
mies. This would be contrary to the 
praflice of every well regulated Govern- 
ment, and not '* doing at we would wifh 
to be done to us.**. 



126 



4I$e 2^atance. 



For 1805?. 



Bcfides, tbc two Houfcs have no Con- 
ftitutional power to continue the prefcivt ot- 
ficen a fingie day againft the will of the gov. 
ernor: It would b« encroaching too far on 
his authority, and deftroying his refpOnfi- 
bility. Be all this as it may, the fpirit of 
GUI Conftitution is.to keep the Legiflative, 
!Executive,and Judicial departments in the 
Government, as diflin8 mA independent 
of each other as poflible ; it has prefcribed 
limits to each, the barriers oJ which, can- 
not be pafled without a violation of this 
facred infirument. — ^TheExecutive branch 

! among other duties) is, *• to fee, that the 
aws be faithfully executed," which he 
cannot fo well perform, unlets he has the 
appointment of the officers necefTary for 
that purpofe. The Legiflature are to make 
laws, not to expound them, nor to appoint 
thofe who are to execute them. 

Second — It feems to me to be inexpedi- 
ent. On the face of the bill it appears 
manifeil, that the Legiflature have no ob» 
jeQions tp the preient officers ; no mem* 
ber has even hinted any tfeing of the kind 
to me — then why the neceffiiy for, or what 
benefit can be derived from the altera- 
tion at this time ot the mode of appoint* 
inent? All Legiflatures heretofore tor near 
fifteen years, have thought this power ftiould 
be depoGted with the Governor for the 
time being ; and if capable and good offi- 
cers have been appointed by him,(as feems 
to be acknowledged,) what advaiMfl^es can 
be obtained for the public fervice, by pla- 
cing thefe officer^ hereafter undeir the will 
and pleafureof an annual, flu£l|iating bo* 
dy ; Merit alone will not fecure mt'ir con* 
ilant re-eleflion ; they mu& acquire a 
knowledge of every new member, as well as 
have addrefs and management in canvafT- 
ing for votes ; and more adroit candidates, 
will at all times, render their fituation irk- 
<ome and precarious. Few men worthy 
of thefe offices, will be found, who will 
fubje£l tbemfelves to fuch a tenure, and 
the advantages of experience will be loft. 

The firft Comptro'lerand RegifterGen- 
eral were appointed by the Legiflature ; 
the refult is too well known, and has been 
too feverely felt, to require any further an- 
imadverfion \ public default has likewife 
occurred in one of the State-Treafurcrs — 
more than two hundred thoufand dollars 
have by thefe officers been mifapplied J 
Thefe inftances afford no proof of the in- 
tended mode of appointment b'eint^ the 
moft falutary. Wi»h refpcft to myfelf, it 
is a matter of per fed indifference^ who fhall 
have the appointment of thefe officers. 
The faithfnl difcharge of the truft of ap- 
pointing officers moft be alwavs attended 
with great anxiety to a confcientious mind. 

Having been a member of as many 
CongrelTes, Conventions, Legiflative A f- 
femblies, and other public bodies, as per- 
kaps any gentleman in the United States ; 



permit me to declare that from all my ex* 
perience and obfervation, a large public 
body is not (o well q^ualified to fele£l the 
beft chara£ler8 for fubordinate offices as 
a fingie perfon, refpon&ble, unfettered and 
independent. 

The precedent being once eftabli(hed,of 
the two Houfes of AflTembly alTuming to 
tbemfelves the power of appointing Exec- 
utive officers, «• many an arror by the lame 
example will creep into the State." With 
more plaufibiliiy,the Secretary of the land- 
office,the Surveyor-General, ReceiverGen. 
and Proihonotary of the Supreme Court, 
may be declared to be in the Treafury-De- 
partment, than the Accounting Officers ; for 
they coUe6iand pay a large proportion of the 
public revenue to the Trcafurer of the State. 

/ have no ambition jor power ; but I 
truft, I fliall be excuied in holding it as 
a facred duty, to tranfmit the Conftitu- 
tion (which approaches as near to per- 
iedion as any that ever did, or does now 
exill in the world) to my-(ucceflbr, unim- 
paired and unfhackled by any a3 of mine. 
THOMAS M»KEAN. 

Lancafier, March 25tb, 1805. 




Be it our weekly task, 
To note the passing tidings of the thnef . 

§(^Utr|^On, April 16. 

We announce, Aviih fatisfafiion, the 
complete triumph of federalifm in the late 
eleflions inMdfTdchufeits and Conneflicut. 

The Hackenfack paper ftates,that, con- 
trary to expeftaiion, Col. Burr did not 
make his appearance at the late court of 
Oyer and Terminer held in that county, 
to traverfehis indiftmeni — for murder. 

Simon Synder is nominated by the rev- 
olutionifts of Pennfylvania, to run for 
Governor. Gov. M'Kcan is the confti- 
tutionalifts' candidate. 

By the brig Mountaineer, we have re- 
ceived a St. Croix paper of the 21ft March^ 
containing a circnmftantial account of the 
invafion of St. Kills by the French fleet, 
which is now on a vifit to all the 3nti(h 
Weft-India iflands. 

The fleet arrived at BafTeterre on the ^th 
of March, anchored abreaft ot the town, 
and fired a fliot at Fort Smith, when ihe 
flag was immediately ftruck ; the troops 
having retired to the garrifon at 3rim- 
flone-Hill, no efieClual refifiance could be 



oppofed by ihe inhabitants to fo formtda- 
a force as a (hip ot 120 guns, tour of 74, 
three ot 44, and two of 16. A committee 
of the principal inhabitants waited on Gen; 
Barbot, chief of the flafF, who propofed to 
them, as the terms on which he would allow 
the IQand of St. KJMs and its dependencies 
to capitulate, ift. That the inhabitants 
fliould retain during the war all the exift. 
ing laws relative to perfons and property ; 
2d. That their perfons and properties 
fiiould be fafe, and under the jirotedion of 
the French government ; 3d. The forts, 
arms, &c. as well as all the merchant (hip. 
ping in the roadi to^e furrendered to the 
French government ; 4tb. The occupa^ 
tion of two forts ; and ^th, a contribution 
ot one million livres tournois to be carried 
on board the Majefteux by 9 o'clock the 
next morning. Thefe terms were agreed 
to, and the inhabitants (to prevent the place 
being given up to military execution,wbicb 
was threatened) contributed liberally in 
dollars, joes, doubloons, and guineas, fo 
that the coin is almoft entirely carried out 
of the ifland, and roeafures are taking to 
encourage the importation of a treflb fupply. 
The fquadron left BafTaterre on the 7th 
for Nevis, where they obtained 4,2001. cur* 
rency, but landed no foldiers. Thqr de« 
manded at firft 20,000 guineas. 

\hiercantile Advertifer^ 

We have advices from Cape- Francois, 
which ftate that on the 26th of February 
Gen. Chriftoplie attacked St. Jago at the 
hejad of 6000 men, and took it after a very 
Severe conteft of an hour and an half againil 
1500 Spaniards. The Conquerors put the 
inhabitants indifcriminately to the fword. 
On the day following the ferocious army 
marched for the city of St. Domingo. 

IMPORTANT. 
We learn from an authentic fource.that 
our government have received oflicial no- 
tice that our trade with the blacks of St. Do- 
mingo is abfolutely prohibited, and that all 
neutral vetTels bound to or from any port 
in their pofTefTion will be feized, and the 
crews tried under a military commifTion 
and executed. This intelligence may be 
relied upon. [£/. S. Gazette. '\ 

A letter from Stoninatnn mentions the 
arrival at that place on Frid.jy ahernoon of 
a icWx from Martinique,in 15 days, which 
brings accounts of the capture of Antig'ja 
by the French fquadron. 

[^mercantik AJvertl/er.j 

We learn by the Captain of the brig 
Canton, that the Englifh blockading fquad- 
ron off Cadiz do not permit neutral vefTelf 
to enter. The day before the Canton fail* 
ed, MefTrs. Strange & Co. received a letter 
I from Li(bop, mentioning the arrival tbtio 



No. Its/ 



C|)e 2S^aldnte« 



127 



of a fhip from Pliiladelphia, which had been 
boarded off Cadiz^ had her regifter indorf- 
cd, and w^s turned away. Flour 22 to 25 
dollars per barrel ; at Lifbon and Malaga 
the price was rcviuced to 12, 

A Paffenger in ihe Canton confirms the 
account we publifhed yefteiday of the cap- 
tore of a Brill (h convoy in the Mediierra- 
crean by twa French frigates. He adds, that 
the Toulon Fleet had ioundan opportuni- 
ty to get out of port, & had arrived at Car- 
tbagena, where they were to be joined by 
the Cadiz fleet bf fifteen fail ot the line ; 
that an army often thoufand men, deftined 
ior the fiege of Gibraltar, had affembled at 
St* Roque ; and that the Spanifh privateer 
Podoroio had captured and carried into 

Cadiz an £ngli(h (hip of 400 tons burthen, 

taiaed at 500,000 dollars. 

IMer. AJv,'] 

The following (as tran Dated for the 
Mercantile Advertifer (is x:ontained in a 
report ot M. Talleyrand,to the Confierva- 
ttve Senate : 
LttUr from the Emttror to 4hc King of 

, England* 

SIR MY BROTHER^ 

Called xo the throne of France by 
Providence, by the fufTragcs of the Senate, 
the people, and the army, my firfl fenti- 
tnent is the wi(h of peace. France and 
England are wearing out their profperity-; 
they may contend for ages. But their 
governments, do they fuml faithfully th^ 
moft facred of their duties ? and fo much 
hloddOKd unneceiTariiy and without any J 
profpefl for an end^ does it not accu/c 
them m their own confcience ? I attach no 
<iifhonor upon making the firft ftep. I 
have (ufficiently, I think, proved to the 
world that I fear not any of the chances of 
-war ; it offers ms nothing of which I ought 
to be afraid. Peace is the wirti of my 
heart : but war has never been adverfe to 
«ny glory. I conjure your majefty not to 
relufe yourfelf the happiness ot giving 
peace to the world ; let not this fweet fat- 
isfaflion be left to your children. For, in 
ihorr, there never exifted a fairer oppor- 
tunity or a more favorable moment to pm 
tn end to all the paffions, and to liflen on- 
ly to the fentiments of humanity & ot rea. 
fon. This moment once Joft, what term 
«t duration can be afligned to a war which 
all my etibru (ball have been unable to^ 
hring to a clofe ? Your majefty has gained- 
more in territory and in riches during the 
]aft ten years than the whole extent ot^Eu- 
rope ; your nation is at the highefl: point 
of profperity. What is flie to expe£l 
jfrom war ? to coalefce fome ot the 
j>owers of the Continent ? the conti- 
nent will rf*main tranquil. A coalition 
would onl}' incieife the preponderance & 
coniinent'il grandeur of France. To re- 
ljm; the troubles in the intwior ?— The, 



times are no longrer the fame. To deftroy 
our finances ? Finances founded upon a '. 
jjood agriculture can never be deftroyed. 
To deprive France ot hei colonies ? The 
cofonies are wiih France only a fecondary 
objeft ; and does not your majeftty pof- 
fefs already more than you can maintain ? 
If your majefty will think ferioufly, you 
will perceive that the war is without an 
objeft, and without any prefumable refult. 
Alas ! what a melancholy profpeft, to 
make men fight tor the fake of fighting ! 
The world is large enough fpr our two na. 
tions to live in, and reafon is fufficiently 
powerful to find out the means ot recon- 
cilement if a fuitable difpofition to be re- 
conciled exids on both fides. I have 
meanwhile fulfilled a duly holy and pre- 
cious to my heart. May your majefty be- 
lieve in the fincerity of the fentiments 1 
have juft exprefled to you, and in ray de- 
fire to give you proofs of it. 

Paris tht 12M Nivofc^ Year x%(^dof 
January, iSogJ 

Signed, NAPOLEON. 

CHARLESTON, MARCH 29. 

Capt. Garman, in 53 days trom Mala- 
^a, anchored at Quarantine laft evening. 
Paffed Gibraltar, February 9. February 
a8, oflFthe Weftern Iflands, was boarded 
by tife Britifh privateer ftip Weftmore- 
land, Capt. Goodal, 5 days out*. He in- 
formed Capt. Garman that H^AR had been 
declared hetween Englar\d and Portugal. 
He alfo informed, that he bad a few days 
before towed into the Weftern Iflands the 
fhip Rifing States, having been out i jO 
days. "" v^ 

A letter from a gentleman in Kingfton, 
(Jam.) dated the 12th of March, ftates, 
that ** Admiral Beckworth failed from 
Port- Royal about two week? ago, in his 
M^jefty's (hip Acafto, and carried with 
him about 400,000 dollars. 

Accounts from Cape- Francois, by Capt. 
Richards^ ftate, that the Maytian army had 
gone againft St. D>;mingo. They were 
faid to amount to 40,000 men, in four di- 
vifions^ The ihain body under the com- 
mand of Chriftophe, confifting ot 24,000 
men^ Deffalines.the Emperor,had march- 
ed at the head of thefe until they reached 
St.. Yago, an inland town ot confiderable 
flrength — a council ot war was then held, 
when it was determined to ftorcn the city. 
— The Emperor, however, was requefted 
not to riik his life in the attempt and the 
dire£lion of the fiege was given to Gen. 
Brave, who^ alter a defperate and bloody 
conflifi, fucceeded in carrying the city ; 
not, however^ without confiderabk lofs. 
It was rumoured that Gen. Brave was mor- 
tally wounded, and had loft 1,000 of his 
heft troops. The French and Spaniards 
found in the city^ it was fuppoled, were all 
puT to ihe IworcL 



Ci&e !lineiG(* 



DIKD, 

At Granger, on the 13ih inst. Mr. John Kells, 
aged 35. 

At Claverack, suddenly, Mr Gideon R. Hub- 
bard, inn-kcej>er. 

At a COMMON COUNCIL holden in 
and for the Ciiy ol Hudfon 6ih April 
1805, 

Rejohed, that thefoHotijing Ordinances 
be renewed andjland infuU force for one 
year : — to wit. 

An OrdinafKe, if>r bctfer preventing a»d extingnish- 
Ing fires in the City of Hudson — passed th^ 16th A- 
piil. 1804. 

An Ordinance, to prevent the running horses in the 
streets of thecit^ of Hudson-passed 16rh April,1804-. 

An Ordinance^ vesting the scavengers of the Qity of 
Hudson with certain powers— passed 16th April, 1804* 

An Ordinance, to prevent the oUnghtering Cattle, 
whhin the compact parts of the City of Hudson- 
passed 16th April, 1804. 

An Ordinance t prohibiting inoculating for the small 
pox, within tlve City of Hudson— passed 16th Aprils 
1804. •* 

An Ordinance, for keepmg; clean the Streets in the 
City of Hudson— passed 16ih Apnl, 1804. 

An Ordinance, to pt«vent any person froni Bathing 
or Swimming near the feny arairs, in the Citj of 
Hudson-^)ftsaed 16^ April» 1804. 

An Ordinance, to preserve ^e nirf or sod on the par« 
•ade, and to regulate the sale of Lamh in the City of ^ 
Hudson, and for other purposes-— passed the 16th A- 
pra,1804. 

An Ord^iame, to prevent the smoaktng of T>ipes or 
segars in th^iirBets of the C'.ty of Hudson, after sun- 
set in the ev^ng — passed 16th April, 1804- 

An Ordinance, to prevent chopping or cutting fire-, 
wood with %tiH in Warren, tJnion, or Front streets^' 
in thexrity ofUudson^^passsed 16'h April, 1804 

An Ordinanoe, to regulate the seeing lime within 
the City of iludspn — passed 5th September, 1801. 

An Ordinanoe, for regulating the ferries within the 
City cf Hudson— passed 17th April. 1802. 

An Ordinanoe, to restrain swine and geese running 
at large 'within the compact parts of the city of Hud- 
son — ^passed 17th April, 1802. 

An Ordinance, to prevent riding horses on the pave- 
ment in the City cf H(idson-pas8edl6th April, 1804. 

An Ordinance, for the better regulation of the a- 
^ueduc^8 in the City of Hudson — ipassed the 11th A<- 
prU, 1799. 

An Ordine^ce in addition to an Ordinance for the 
better regulation of the Aqueducts in the dry of Hud- . 
son — passed 14th Januarv, X804. 
ATTEST, THOMAS PROTHINGHAM.CUc. 

APPOINTMENTS by the COMMON COUN- 
ClI,, 6th AprU, 1S05. 

William Sladc, Chamheilam. 

John C. Ten Brceck, Measurer of Gnun. 

John C. Ten Broeck, Beijamin Russe!l» and 
John Powell. Gaugers. 

Benjamin Hu'sel. Benjamin Ray, Francis Jenkins* 
Elijah Dodge. "William Rogers, and Joseph fianlet, • 
■cullers of Staves and Hoops. 

Stepheii CoflSn, Abiel Cheney, Obed Sears, John 
Powel, andXJornelius Toby, Surveyors of Lumber, 
and Corders of Wood. 

Shubaei Worth, and Isaac Dayton, Meaaurers of 
Lime. 

Silas Rand, and Seth Jones, Mca£urers of Stor^e 
Wall. 

Silas ^and, City Surveyor. 

Reuben Macy, John Mardick, Samuel I. T^n 
Broeck, Seth Toby, Samuel Stocking, and Peter 
Van I3e Burgh, fence viewers. 

Peter F. Uardick, Jesse Matthews, and Olisnr 
Whitafcer, Scavengers. 



12Sd 



C]^ 20^danee. 



Von. IV. 




EXTRACT. 

PROM THE COLUMBIAN CENTINEL. 

JLINES. 

XN tke dance Mim A. trips it so lightlj away* 
Her feet to the music so gracefeHy move ; 

So enchanting her smile, and so chaste yet so gay^ 
That were it not fbolbh I snrelf should love. 

In the circle, so sweet are the accents that flow 
From the lips of fair MiiiA» 1 can't but approve ; 

Such a dart in her eye, on her cheek such a glow. 
That were it not foolish I surely should love. 

So oft wanton Cupid to snare me has ti^d* 

And VmiMt so oft to entrap me has strove, 
I have thought in my heart, as I grievously sigh'd, 

That wer« it not foolish I surely should love. 
Pesist little urchin, thy efforu atevain. 

And thy chamas, qytterea fruitless will prove ; 
Though MiRA's so fair, that I often complain. 

That were it not foolish I surely should love. 

But alu ! blithsome Baechui, muting with Cvfikl, 
My < passions Inactive* endeavours to move i 

JLnd 1 scarce can ex^ laim,as with wine Igrow stupid, 
There's nothing like wine when connected with 
love. PHILETAS. 



;©itjet^itp» 



(The following is s^ good story, whether true or not.] 
A SINGULAR STRATAGEM. 

A gentleman recently from BoAon re- 
latertbe following fingular aiFair, wtiich 
he hy$ happened juft before he left that 
place : — A perfon had been taken up and 
committed to prifon, for pafling counter- 
feit Bills. Shortly afterwards a negro was 
taken op for fome crime, and confined in 
the fame room ; but was taken fick in 
about a week and died. Next day a cofHn 
was provided, and the body of the deceaf- 
ed depofited in it. As people of color are 
generally interred in the evening, by ihofe 
of their own complexion, the coffin was 
rufTercd to remain till night in the room 
with the money-maker. After the gaoler 
and tliofe who accompanied htm had left 
the room, he betlK>ught himrelt the pre- 
fent iirould be a mofi favorable opportuni- 
tjr to make his ef^ape, and thereby avoid 



the puoifhment that awaited him. The 
wicked do not fo much care what arc the 
means, if they can but accompIiOi their 
defigds.— When all was ftill and fale, he 
took the corpfe out of the coffin, and^ pla- 
ced it in his own hammock, got into it 
himfelf, and turned the lid do^n carefully 
as before. In this fituation he lay, anx- 
iouflyyet fearfully waiting the moments 
when he (hould be liberated from his 
loaihfonu confinement. In the evening 
the coffin was taken from the prifon room, 
by four good lufty Negroes, appointed for 
that purpofe, and Yolemnly conveyed to 
the burying ground— When they arrived 
at the grave, the coffin was fet down with 
great care, and one of them was about to 
make a fpeech upon the death of their 
companion. — Scarely had he time to utter 
one word, before the lid of the coffin flew 
open, and the money-maker jumped out 
and made his efcape ; while the noor Ne- 
groes, affrighted almoft to diflra^ion, ran 
with great violence in every direAion, 
fcreaming •• de Debil ! de Debit ! de 
Debil !" Tfie miflake was not difcovered 
till next day ; and the perfon had not been 
heard of fince. \Wuk\y tVanderer.'] 

FROM LEWIS' COMIC SKETtMES. 

ALTHOUGH performers negleaing 
the fludy of their profeffion deferve repre- 
henfion, yet I muft exempt fuch from cen- 
fure as have been negle£Uul from their en- 
deavors proving unfuccefsful. In this fit- 
uatxon was the late facetious George Al- 
exander Sievens, at Lynn, in Norfolk. 
Having played there feveral nights to emp- 
ty benches, he negle&ed to ftudy the part 
of Lorenzo, in the Merchant of Venice, 
which he had to perform before the com« 
pany left the town. He, however, butt- 
led through it tolerably well until he came 
to the laft aa, where he (hould have faid 
to Jelfica — 

** In fuch a night as this, Leander fwam 
the Hellefpont, and braved the winds and 
waves for Hero's fake," &c. &c. 

Inilead of which he began thus :^— 
*• Oh Jeffica ! in fuch a night as this, 
the — man — fwam over the water — and he 
div'd and he duck'd — and he duck'd and 
he div'd — 'till he got to the other fide — 
and — there, you know, he met with his — 
fweetheart — and there, Jeffica, you know, 
they met each other." 

This was intolerable t The audience 
perceiving the caufe, expreffed their dif- 
approbation by a general hiff from every 
part of the theatre. 

Stevens, greatly irritated by this, rcfol- 
ved to quit the town, as he termed it, in a 
blaze. He took, therefore, Jeffica by the 
hand, and, leading her forward, addrclTed 
the audience thus ;— 



J " O Jessica, in suchanigkt asthis we came to town, 
And sin ce that night weVe toueh'd but half a crown ; 
Let 70U and I then bid these folks good ntgh^ 
For if -we longer stay, they'll starve us quite^ 

Damn me.** 

A young Lady confulted a Phyficlan of 
eminence, on account of fome rheumatic 
pains, and a troublefome cough, which the 
had laboured under ever fince the com- 
mencement of the cold weather. The 
prefcription was fent by the footman to the 
Apothecary's, as ufual. He read it with a 
fmile, and recommended the roefTenger to 
take it to a Haberdafher's on the oppofite 
fide of the ftreet, as apothecaries did not 
keep the ^articles prefcribed ; upon«whicb 
the footman enquired what the DoQor had 
ordered, when he was informed by the 
young iEfcuIapius, that the prefcription 
ran thus :— « Take, a good warm double 
Scotch fliawl, and apply it immediately 
round the Ihoulders and cheft : add alfo^. 
cundem artem, a ftout Welch flannel peui. 
coat." 

At the late anniverfary feaft of the 
Mufical Society, London, a new catch 
was fung, in which we find the followrag 
piin : — 

»• I am unable (yonder beggar cries,) 

•« To ftand or go." If he Cays true, he lies. 

TERMS OF THE BALANCE, 

FOR 1804?. 

To City Subscribers, Two Dollars and Fiftj 
Cents, pa/able quarterlj. 

To those who receire them by mail, Two Dol- 
lars, payable -in advance. 

To those who take their papers at the o^ce, ia 
bandies, or otherwise, a deductioa from the citf 
price will be made. 

A handsome Title Page and Table of Contents 
will accompany the last number of the vokme. 

NOTE. 
The first,^oiid and thurd Volumes of the Balanct 
may be had on the following terms :— 
Fint Volume^wUfound'^ - g 8 

Second Volume, • • ^ 3, 5$ 

7bird Volume, - • • JB 3, 50 

7 be three together, - • ]g 6 

If bound, the price of binding (either plain or el- 
egant) will be added.— An unbound volume may be 
sent to any post-office in the state for 52 cents post* 
age 8 or to any post-office in the union for 78 ccm# 
Advertisements inserted in a handsome and cor- 
spicuons manner, in the Adverther which accoropa. 
nies the Balance. 



PUBLISHED BY 

HARRY CROSWELL, 

Warren-Street, ,Budfoa» 

WHKBX PBINTIVC IN GENERAL IS BZECVT1» 



No. 17. 



COLUMBIAN 




Vol. IV. 



REPOSITORY. 



•• HAIL SACRSD POLITY, BY FREEDOM RIAR'D I 

** HAIL SACRED FREEDOM, WHEN BY LAW RESTRAINED i'* 



HUDSON. (New-York) TUESDAY. April 83. 1804* 



ss 



MERCHANTS' BANK. 

\^ ITHOUT enquiring into the 
tnerits ot the qneftion. whether ic was ex- 
pedient to grant a charter to the Mer- 
chants' Bank, it may be wdl to befiow 
feme attention oii certain circumftances 
conneQed with that (ubjefi. 

On examination, it will appear, that a- 
nongft thofe who advocated the grant, 
are fband fome of the oldeft and moft re- 
fpeQable of the democratic party. Men 
who have the merit of being confiftent and 
uoiform.'and confequently fincere. Op- 
pofed CO them, we find the republicans of 
a later date. Inexperienced youngllers. 
Vfho believe themfelves wife and more ca- 
pable of conducing the affairs of the Ibte 
than the old men. Unprincipled dema- 
gogues, who have changed their political 
courfe about as often as their birth-d.ys 
Jiave occurred. All the uneafy. turbu- 
lent and fa£Hous. whole only objefl is, 
the gratification of their own ambitious de-^ 
fires. The reader, then, will be at no lofs 
to account for the boldnefe and violence of 
this new order ot politicians, who, like 
younff fprouu. are fhooting up around the 
patent trunk— and drawing from it its nu- 
trtipent ; and will eventually, unlets iea- 
fonably checked^ totally deflroy it and u- 
forp its place* 

To the publication in the Bee, whch 
<Hre noticed lafl week, an anfwer has ap- 
peared in the fame paper unt!er the flf.na- 
tore of "Moderator." Thi$ produOion 
CQmmon fame afcribes to his honor Juiige 
^Wii&m ; and we have no doubt he is the 



author.^ It is not to be expcfted that we 
fhall become the eulogifts of Judge WiU 
fon. He is, at Uaji politically^ our ene- 
my. We have no refpeS for his politics. 
But with his own party he ib^nds high.. 
His republicanifm (as the term is ufed in 
the political cant of the day) has never 
been queilioned. He cannot be accufed 
of inconfifiency. He is therefore entitled 
to attention, as a democrat who has never 
proved unfaithfur to 4iis party. Let us 
then, fee what he fays*, when he alfumes 
the charaQer of a *« Moderator." 

•' A pretended republican writer, over 
the iignature of •* Public Morality" in 
your laft number, lias overjhot his mdtrk^ 
in the animadverfions he has made, on the 
proceedings of our legiflature, in effablifh- 
ing the Merchants* Bank* It is well 
known (and to the honor of this flate) that 
a very large majority of our legiflature are 
republicans, in whom the peopla have re- 
pofed their dearefi rights ; confiding in their 
integrity for the honor of the republican 
caiife, and the fuccefs of republican meaf- 
ures. Shall any individual, let his polit- 
ical or literary merit, be what it may, 
have the effrontery to hold up to public o- 
dium and contempt, charafters who have 
long poffeffed the confidence and efteem 
of their conftituents, and ftoed high on the 
lift of republican patriots ? Shall he, up- 
on the flight pretext of a few whimfic^l 
affidavits, fufceptible of no definite con- 
flru6kion, clothe our legiflature with infa- 
my and difgrace, and endeavor to throw a 
(hadow of reproach over our national 
charaSer ? If any of our republican 
members have afted inconCftently, if they 
have not lupportpd that cbarafler, which 
becomes their dignified and important fta- 
tion, and this can be clearly afcertained, 
then let their names and conduft be defig 
natcd. and the people judge. But fince 
u appears from the moft carfeful exaraina- 
rion, that no fprcfic charge can with 
, propriety be alled^e J againft any ot our 



members, that will warrant .the vindiflive 
afperfions thrown out by. the writer above 
cited, les us fubftitute charity for fufpiciout 
fear, until time (hall devclope more con« 
clufive teftimony. and proclaim their guilt 
or innocence. 

" Judge Purdy. a man well known for 
the correfinefs of ^bis religious as well as 
his political principles, well known for his 
a£livity in the advancement of the republi- 
can caufe, well known for his meritorioui 
fervices during our revolutionary ftruggle, 
&'well known for his irreproachable knor- 
als. is the principal ohje3 at which the 
ppifonous darts of unqualified calumny 
are unwittingly direSed. The purity of 
his motives, and the fidelity of his con- 
ftituents.? ill prove an impenetrable (hield. 
that will reflcd his intended difgrace upon 
his calumniators." ^ 

Such language, however pure Judge 
Wilfon's motives may be in ufing it, ii 
fure to gain him the ill-will of the revolu- 
tionary fafiion. He, no lefs than Judge 
Purdy and Judge Hogeboom, mufiexpeft 
calumny, reproach and denunciation. Mod'* 
eration has become a crime ; and woe be 
to the man who prefumes to advocate lU 



TRUTH IN EVIDENCE. 

Ttiere is at leaft one circumftance that 
appears very much in favor of thofe mem- 
bers of the legiflature, who voted for the 
incorporation of the Merchants* Bank. 
They hive paffed a law allowing the truth 
to be given in evidence on trials of indi£l- 
ments for libels — thereby challenging thofe 
whcfhavc accufed them of bribery and 
corruption, to come forward and fubff^in, 
liate their charges, if in tht^ir pow»'r co iio 
fo. This, to us, is an incuntrov^nible 
proof of their honefty. 



130 



Cfte 25alance. 



For 1805. 



IBS 



ELECTION, 

sssss ^ 

At a Federal Republican Meeting of Committees 
irom the different towns in the County of Co- 
lumbia, held at the house of Samuel Stockingi in 
Hudson, on the 15th day of April, 1805, ' 
Gen. henry LIVINGSTON, Chaintian, 
JOHN WIGRAM, Esc^; Secretary. 

Refolved unanimoujlyy Thatihe follow- 
ing gentlemen be nominated as candidates 
for Members oi Aflembly, to reprefent 
this county the enfuing year,- viz. 

Peter Silvester, 
William W. Van Ness, 
Jason Warner, and 
Moncrief Livingston. 

Rcfolved, that the following perfons be 
a Commiltee of corrcfpondence, viz. Eli- 
SHA Williams, John Talman, Heze- 

KIAH L. HOSMER, EzEKtEL GlLBERT and 

James Hyatt. 

Refolvcd^ That the following perfons be 
a Committee to fupport the above Eleftion. 
[As the names ot thefe Comnjiitecs are al- 
ready publifhed in a handbill, it is deemed 
unnecefTary to republifh them here.] 

Refolved^ That the proceedings ot this 
Meeting be figned by the CKairman and 
Secretary, and publiflied in the Balance. 
HENRY LIVINGSTON, Ciutrraan, 
JOHN WIGRAM, Secretary. 

TO THE ELECTORS OF THE COUN^ 
Ty OF COLUMBIA. 

AN prefenting you with the k>rego. 
ing nomination, and offering it for.your 
fupport at the enfuing eleftion, you will 
readily perceive that we have dearer ob- 
je£ls in view, than the mere gratification ot 
perfonal or party feelings ; Regarding Gn- 
cerely the rights and liberties of the peo- 
p]e — anxious only to fecure the profperity 
and happinefs of our country, we have fe- 
leQed men, not celebrated for the violence 
oJ their politics, or the narrownefs of their 
prejudices ; but thofe who are known to 
you all, as men ot moderation, candor, in- 
tegrityand independence. In a time like 
the prefent, fuch a feleSion fecros^pecun 
liarly neceffary. Party- fpirit has already 
raged too long — men of principle have 
not unfrequenily differed about a name ; 
and it is high time that there (hoold be a 
unioa among thofe who are fincerely at. 
tached to the tranquility and happinefs of 
•ur countryi as fecured by and enjoyed 



J nnder our prefent form of government. — 
i A revolutionary fpirit begins lo^Quateour 
i public councils ; and violence is threaten- 
j ed to every inilitution which we have been 
} accuflomed to hold dear. A few daring 
and ambitious men, not contented with 
the overthrow of one adminiftration, are, 
for purpofes which cannot l>e miflaken, 
aiming a deadly blow at another. Ac what 
point they mean to flop, human fofefight 
cannot difcover : And unlefs the virtuous 
and moderate part of our countrymen ar« 
reft their deftruaivecourfe, we mufi, cie 
long, experience all the calamities which 
walk in the bloody train of revolution, 
confufion, and anarchy. Viewing, as we 
do, the approaching conteft with anxiety 
and terror, we wifh to awaken our tellow- 
citizens to a lively f€;nfe of their alarming 
fituation. Should we fucce^ in doing 
this, we are fatisfied that our country may 
yet el^cape all the horrors ot anarchy — our 
liberty may he preferved, and our political 
bark ride out the gathering tempefi in 
fafety. 

The fcenes that 4!ave been exhibited, at 
the feats ot our general and ilate govern- 
ments during their late feffions, afford us 
fome reafon to believe that the fpirit of 
perfecmion, faiH>ritifin and intolerance, 
which has prevailed for fome time pafi, is 
gradually fubCding. We earneftly pray, 
it may be fucceeded by a fpirit ot mildnefs 
and forbearance j — that men may be fe- 
leSed to manage our public concerns, 
whofe principles are found — whofe views 
are boneft and patriotic, and whofe con« 
duft if independent. To cultivate the ef- 
teem and friendihip of fuch men, to what- 
ever party they may belong, is compatible 
with the charader ot federalifm, arni we 
truft will conduce to the welfare and hap- 
pinefs of our country. 

We forbear, fellow- citizens, to indulge 
in comparifons between the ticket here re- 
commended, and the one propofed by our 
political opponents. You are well ac- 
quainted with tlie chara£lers who compofe 
both, and will make your own ctioice. — 
You will recolleft that tlie gentlemen we 
have nominated, reprefented you at the 
laft feffion ; and it is worthy ot remark, 
that not a lifp ot cenft^re has been attach, 
ed to either of them, although they have 
taken a confpicuous part in all the impor- 
Unt tranfa£lions ot the feflion. 



Mr. Van Nefs, by his talents — by con- 
duft frank, moderate and conciliatory, has 
gained general attention and refp<»a.— 
Even the moft decided of his political op- 
ponents tiave been compelled to acknowl. 
edge his ufefulnefs, and pay deference to 
bis independence and patriotifm* To the 
reputation of Judge Silvefter, our eulogy 
can add no lufire. He has grown old in 
your fervice-^he has filled many important 
offices— lie has flood a candidate at warm- 
ly contefled ele£)ionf ; and never has^the 
linruly tongue of party malice dared to ut* 
ter a whifper againft his integrity.^ Mr. 
Warner and Mr. Livingfton are drawn 
from among the independent yeomen ot 
the county. Their charaflers are pure— 
their talents refpeftable. Partial to' the 
agricultural intereft, and faithful to their 
iruft, they, no lefs than their colleagues, 
are entitled to your confidence and fuffra- 



^oUticaJ. 



FROM THE VERMONT JOURNAIt. 

MR. ELLIOT 
TO HIS CONSTITUENTS. 

LETTER 1. 

A Reprefentative of the people is fre- 
qnently placed in fituation.** of peculiar deli« 
cy. His conduQ may be mifundei^ftdod, 
and his motives mifreprefented .: and it 
may at the fame time t)e improper for him 
toertterinto a public explanation with his 
conftituenis. Such was my fituation pre- 
vioufly to the late eleftion, and fome may 
be of opinion that mv filence ought note* 
ven now to be broken. But the mof) 
powerful motives compel me to commu- 
nicate to thofe who have done me the hon- 
or to confide to me their moft important 
interefts, the truth and*the whole truth, in 
relation to the political concerns of out 
country. As a centinel over 4he rights 
and interefts of the people, I have been 
placed upon an elevated eminence, and in 
that fituation I have made difcoveries of 
fuch importance, that I' fhould confider 
myfdf as treacheroufly negleftful ot tny 
duty, were I to withhol(i( them from the 
public eye. 

Already denounced, I am aware ot the 
new denunciations which await -mc. I 
{hall be accufed of abandoning »ny party, 
and becoming an apoilate from republican 
principles. I fhall even be charged with 
treafon, in advancing fentimentji which 
may be confidered as intending to produce 
a difTolution of the Union. Againft falC- 



No; 17. 



€]^ ^aKattte. 



131 



boodand ealurony I (hall alwaylbe ible^ to 
oppofe \he ihield & helmet of truth & a good 
coofcience. Thofe who know me viU be- 
lieve my motives to be pure, whatever o- 
pinion they may form of my difcernraent ; 
and to thofe who know me not, and in 
whofe minis I am already condemned, I 
will addrefs the laconic expoftuiation of a 
celebrated ancient to his paflionate oppo- 
nent, ffrUe, but hear me. Afide from the 
circum&ances of the late eleffioni I have 
ample evidence that my condu£l in Con- 
grefs has been mifunderftood by many, 
and that I have been confidered as giving 
anti-republican votes, in oppofing fome 
of the moil ariRocratic theafures ever a- 
dopted in our country. I am a republican, 
On certain fubjefts, fiowever, it is time to 
fpeak out, and to fpeak with energy. 
There is a party in the United States, con- 
fiftingoi moderate and refleftiog conftKu- 
Clonal republicans, {^Jirjl rather than a 
third party) and which is not entirely 
compofed of individuals like myfelf, hum- 
bie and influential. It embraces many ol 
the heft ayd^Keafeft patriots of our coun- 
try ; men', againft whofe f pot lets fame e- 
ven malice dares not raife her voice, and 
to whofe talents millions pay homage; 
men, whofe abilities and virtues are d.eilin- 
ed, I hope and tru(i in God, to preferve 
the United States from many political evils. 
The objeSs of this party are, the prefer- 
^tion of the conftitntion in all its energies^ 
atid the union of all honed men. I know 
thai the union of honefl men is reprobSted 
by fome as a treafonable projeQ, but -it 
mdfi be cenfnred by the wicfed and en- 
tbufiaflic only ; the fi;ood and wife believe 
tbatootMeg elfe will fave the union,at fome 
future time, from divifion & deilruSion. 
Limited as has been my political expe- 
rience, 1 have learned thai violent party 
men are almoft always wrong. They view 
political objeQs as through a glafs dark- 
ly. If the fury of party fpirit ,be not 
fpeedily checked, moderation will become 
as great a crime in America, as it wjs in 
JFrance during the reign of Robefpierre. 
Self created organs of the public wril, al- 
ready denounce every one, whatever may 
be his fituation or chara3er, whofe con- 
dafi is diftingtifflied by the leaft difplay of 
confcientious independence. Among re- 
publicans, among ardent republicans, it 
is already criminal to be an honed and in- 
dependent politician. A new defpot is ere 
ated all powerful and irr^fiflible, on the 
footftool of whofe throne we are comman- 
ded to bow the knee,' and to whofe impe- 
rtous mandates it is the e (Fence oi democ 
racy to yield paffive obedience. Who is 
this defpot ? It is a phantom, but not the 
Icfs powerful for being imaginary ; like 
other phantoms it has power to miflead and 
terrify. It is what a certain junto pleafe 
to term the public will* A lew ambitioQfr 



individuals undertake to anticipate the pub- 
lic fentiment upon all political fubje£ls, 
and, to the (hame of our country be it fpo- 
ken, a confiderable portion of the people 
yield a too eafy acquiefcence to the migh- 
ty ulurpation. The voice of the people, 
when it is the refult, of correal informa- 
tion, and. cool rcfleftion is always jud. 
But the people may be deluded. Delud- 
ed they hat^e been at particular times, in 
every age and nation. 

An attempt is making to divert the cur- 
rent of popular opinion to an improper 
channel : It now glides like the rivulet, it 
may foon thunder like the torrent. The 
people will be told that the condituiion is 
an odious fydem of ariftocracy : that the 
Prefident mud beelefted by the people at 
large : that the Senate mud be dedroyed, 
or at lead greatly weakened ; that the judg- 
es mud be rendered ele£live ; and that all 
who oppofe this glorious renovation oi 
our political iydem are lederalids and en- 
emies to freedom. There is too much 
reafon to fear that this gilded pill will be 
greedily fwallowcci, although nothing can 
be more certain than that the conditution, 
in proportion as it is rendered more demo- 
cratic, becomes lefs federative, and de- 
droys the rights and intereds of the fmall 
dates. The fmall dates may be' deprived 
of their rights by the combined operations 
of violence and iptrigue ; they may be 
terrified and deluded ; they may regret 
their delufions only when their chains are 
fadened ,* they may poiGTibly be dooR>ed to 
cl.ofe an inglorious career by the commif- 
fion of political fuicide. , 

I fhall be accufed of political ioconiid- 
ency. The accufaition, however, can on- 
ly be founded upon injudice, and fuppor- 
ted by deception. I oppofed many meaf- 
fures of the federal party, becaufe I be- 
lieved them anti-republican, and pernio 
cious to the bed intereds of my country ; 
and that opinion remains unaltered^ But 
I have changed my opinion as to fome men 
and fome meafures which are called repub- 
lican,I oppofed a junto calling themfeivs re- 
publican, from the fame views & with the 
fame motives, that I oppofed the former 
adminidration ; for I fhall always oppofe 
what I conGder as aridocracy and perfecu- 
tion. I draw a line of difcriminittl6h be- 
tween the adminidration & a fa£iion who 
diftate equally to the government and the 
people. To explain and judify my own 
conduS, it is neceflary that I (hould de- 
fcribc that of thofe to whom I dand oppo- 
fed : but I (hall do it without impeaching 
the integrity ol any man in publit life. I 
have no private views to promote, no per- 
fonal refentments to gratify ; and I have 
learned to reprefs the afpiring fpirii of ju- 
venile ambition*. The fird wifh of my heart 
is to fee my country free and happy, and 
{ always deem it my duty to devote my 



feeble efforts to the (upport and preferva. 
tion of her freedom and felicity, 

« Probably I fliall he the lad rarsn in the 
United States %vho will change principles, 
or even parties, unlefs parties (hall change 
principles. I protefs dill to be,as I ever have 
been a moderate and cuufiilent republican ; 
but in my public capacity, I confider my. 
felf as the reprefcntaiive, noj of iwparty, 
but of the people. / am mofl decidedly in 
favor of a wnion of parties in thenor^ 
thernjlaies, upon conJlUutional principles. 
I believe it necclf:>ry in order to pi eferve 
the Union and fuifil the injunftions of 
the illudrious Wafliinglon. It is alfo in 
drift conformity to the opinions of the 
prefent Prefident, who has declare^ to the 
world, that we are •• ail federaiids and all 
republicans," and of courfe that our po- 
litical didindions are rather nominal than 
real. As the terms iederalid and dem- 
ocrat, although innocent and correft ia 
themfelves, have become reciprocally o- 
dious, it would be well if we could unite 
as a band of brothers under the appellation 
of conjlituiional republicans. At all e- 
vents, I fhall continue to confider myfelE 
as the reprefentative of all the people ol 
the didrid, and to devote my felf to the 
(uppprt of the conditution. For my nu« 
merous enemies, fome of whom will ncv- 
er ceafe to calumniate me, I will offer, in 
humble imitation of Him to whofe merita 
I look for bappinefs beyond the grave, this 
mod benevQ^nt of all prayer s....FjM^r 

Jorgive them for they know not what they 
do. My only political friends (hall be the 
friends of real liberty, and my enemies 
(hall be the enemies of the people. 

JAMES ELLIOT* 



miW^ Closet. 

THE JOURNALS, 

Of the lad ftffion of our legiflature, 
exhibit a curious contradiction. Fird, a 
law was paffed, with almod the lole view 
of putting about one thoufand dollars a 
year into Cheetham's pocket. Next comet 
a refolution tor profecuting the fame Cheet- 
ham for his libels on the fame legiflature \ 
Alas ! alas f The ingratitude of republics^ 
has bdtome proverbial. 

Cheethatn^ jfays, that the appointment of 
Dr. Browne, by the prefident, to the of- 
fice of Secretary oj the Territory of Up- 
per Louifiana *• has excited unpleafant 
fenfations in the bread of every trpe re- 
publican." Take care, Mr. Jefferfon ! 
— Don't provoke Cheetham to empty, the 
bottom of his cheJI. 



132 



C&e S^atotci. 



Vol. IV. 




5if0nculturaL 



EXTRA C T. 



TKOM THE feNGVCLOPEDIA. 

A method to prejtrve fruit trees in blof- 
font f rom the effcRs offrojl^ 

JL HE Chevalier deBierenberg of 
Prague^ we are told, has difcovered a 
method of efFeftually preferving trees in 
bloflbm from the iatal efFefls of ihofe frofts 
which fometimes in the fprins deftroy the 
moft proroifing hopes of a plentiful crop 
of fruit. This method is extremely fim- 
ple. He furrounds the irunks^of the tree 
m bloflTom with a wifp of flraw or hemp. 
The end of this he finks, by means of a 
Hone tied to it, in a vcfTel of fpring water, 
at a little diftance from the tree. One ve(- 
fel Will convenieutly fcrve two irees ; or 
the dord may be lengthened fo as to fur- 
round feveral, before its end is plunged 
into the water. 

It is neceffary that the vefTel be placed 
^in an open (ituation^ and by no means fha. 
ded by thcvbranches ot the neighbouring 
trees, that the troft may produce all its ef. 
fefts, on the water^ by means of the cord 
communidatttig with it. — This precautipn 
is particularly neceffary for thoic trees the 
flowers of which appear nearly at the fame 
time as their leaves t which trees are pecu- 
liary expofed to the ravages of the frofls. 

The proofs of its efficacy, which he had 
an opportunity of obferving in the fpring 
of 1787, were remarkably ftriking. Se- 
ven apricot efpaliers in his garden began 
to bloff.>m in the month of March. Fear- 
ing that they would fufFer from the late 
frofls he furrounded them with cords as 
above dircfled. In effefl, pretty (harp 
frofts tt>ok place fix or eight nights : the 
apricot trees in the neighbouring gardens 
were all frozen, and none of them pro- 
duced any fruit, whiHi each of the Cheva- 
lier's produced fnuic in abundance, which 
came to the greateft peirfeftion^ 



patentTauger, 

TOR BORING POST HOLES, WELLS, &C. 

MR. HOXlEjthe invcnferofthis con- 
venieot and ufeful iafirumeoti now offers 



them lor (ale, at his FaOory in this city, 
made ot the beft bliftcr fteel plate, at five 
dollars each fingle ; and adds, 

«* Any perfon, doubting the utility of 
*« thefe Augers, will receive fatisfaftory 
*' iilformation, by writing to airtiofl any 
«* gentleman in Hudfon— as it is well 
«• known the expence of them can be faved 
*^ in one day. It is alfo believed that thofe 
*• who ha^e ufed them in clay, fand or 
** loamy foil* would as foon think ot cat- 
'* ing foup with a fork, as digging a poft- 
*' hole with a ipade.'* 



ilitetarp JSotice. 



FROM THE BOSTON GAZETTE. 

DEMOCRACY UNVEILED. 

A new worlc has recently been published ill this 
town, entitled " DEMOCRACY UNVEILED." 
This is a work of Hudibrastic verse, with copioiis 
notes, from the pen of the celebrated Ht. Caustic 
We think a short extract by way of specimen of the 
performance, cannot fail to afford gratification to 
our readers. After haVin|^ liberally contributed 

Si* service* to davb andgiott omdr, 

A pbilanthropkal plilosofibtr. 
He proceeds. 

But now my modest little Muse, 
Who drips with Hyblxan, honey dews. 
Her ciurtesy makes, to curry favour 
With federal gentle folk^, who waver. 

Good Messrs* almott Demtcratfl, 

If you were not as blind as bats. 

Before yotir Chief, your trejmbling knees on. 

You'd deprecate his wrat& in season. * 

No more at Jefferson be railing. 
Nor scout the party now prevailing. 
Although the tail has got " the upper- 
Hand of the head, for want of crupper.** 

The character of this our aation 
•Tia time to place on some foundation, 
Which niay without deceit declare 
To all mankind just \^hat we are. 

And IF Americans are Jockies, 
If public virtue but a mock h. 
Then,— «« Hail Columbia ! happy land !*» 
Where scoundrels have the upper hand ! 

But let Columbia be contented. 
As she's it present reprfetentcd. 
Nor at our Demdcrats be vext. 
Lest their great pirototypt come next. 

Now I'm a man, who would not keep ill 
Tfermswiih my sovereign friends, the people, 
tiave therefore strove with main and might. 
To wash their Ethiopian white. 

That I might suit fhcm to a tittle, 
Have streich'd the truth, and— lied a little, 
Fof which my complaisance, I beg 
They 11 hoist my Bard- ship up a pcf 



Of two, or so, for Tve a notioi| 
That none can better bear promotion 1 
And III accept of any thing. 
From petty Juryman to Ring. 

Besides, t h,ncy that his highness. 
Wont treachis Elalogist whh shyness, 
But compliment me with a pensioif, 
And fine things which I need not mention^ 

For Canto fourth of this my Poem, 
Rekd by his Migbtiness, will shew him^ 
He has a friend expert enough in 
The Chesterfieldian knack of— ^uifing^ 

But please his Highness-ship, I wont 
Be Deputy to Mr."Hnnt ; — 
No,— wereitoffer'd, 'twould be vain, he 
Wont catch me in Louisiana.' 



€fte^tni00le: 

A CONSTITtTTION OR NO CONSTITUTION 1 



FROM THE UNITED STAl^, GAZZTTEi 

WE this day publifli the report ol the 
grand cominittee of our houfe ot aflemblyi 
on. the fubjeft of calling a convention^ 
Frora'this report it appears that a majority 
of the committee are in favor of a revolu« 
tion, though they wifli tnote perfeftly to 
afcertain the popularity of the tneafure^be- 
fore they will venture to call a conveotian^ 
Wt> however confider the report as adding 
greatly to the probability, that the revoUi- 
tionary fa€lion will Qltirtiaicly fucceed i 
as thofe itietnberii' of the iegiflature who 
have joined that party, and who are faid to 
compofe a majorijy of both houfes» will 
douhtlefj exert their influence among thcif 
conftituents to enfure fuccefs to their rev* 
oiutionary proje3s. 

LEGISLATURE OF I»ENNSYLVAKIA. 

CALL OF A CONVENTION. 

The committee to whom Was referred a 
number of petitions from the citizens of 
differents parts of the Stale, rrqueftin^ the 
Iegiflature to take meafures for the call of 
a convention to revife and amend the coil* 
Qitution of this commonweafth, and id 
whom alfo was referred^ a number of /c- 
monftrances againft the call of a conven- 
tion, having deliberated upon the import* 
ant fubje£l fubmifled to them, with iti tb^ 
care and attention which its delicacy and 
Its magnitude iitiperioufly demandedi now 
offer the following report ; — 

When the great Author of nature ^av^ 
exiftenceto matj^ he eiidowed him with 
mental powers capable of progreffive and 
indefinite advance tpent, and imprcflfed up- 
on his foul a defire of approximating td 
the gaol oi pcrfettioti iti ettry art and 



Nb. 17. 



0ij;t 28^almite. 



133 



as they may think prop* 
bus the right of the people to 
alter ami amend the conflituiion — a right 
founded in reafon and in natural juftice, is 
guaranteed by the cnnftitution itfelf* Un- 
der this ran6lion, a number ot the citizens 
of the common weahh have addrefled the 
Icgiflaturc by their petitions oji this deeply 
interefting fuhje& : and having beejs thus 
addreffei, it appicars to your committee, 
chat it is incumbent on the general aflem- 
bly to exprefs fome feniiment on the fub« 
jea. i 

Befoi;e the committee proceed to give 
an opinion they offer a few preliminary 
remarks. 

It is the prerogative of the fovereigti 
people alone — to alter, amend, or to aboK 
ifh their goverment : that the power is not 
vefted in, nor do they conceive it is claim- 
ed by the legiflaiure to affume'the right ol 
^iQatingto the people on this important 
(ubjeft : that the committee a« members 
oi the legiflature have come under the 
moft folemn obligaition to fupport the con* 
ftitution under which the government is 
now organized nor do they feel difpofed to 
infrafi in the fn'alleft degree anyof its provi- 
(ions,while it remains unaltered bv thepeor 
pie thcn^ifelves. Yet we conceive that the le- 
giflature have an unaueftionable right with- 
out violating any obligation, to exprefs an o- 
pinion as to the imperte3ions of that inftru- 
ment ; & efpecially as their attention has 
been calkd to the fubje£i,by the numerous 
petitions and remonflrances prefented to 
the legiflature. 

This opinion perhaps might receive 
fome corroboration by adverting to the ju- 
diciary ; a co-ordinate branch of the gov- 
ernmeot, the ofiRcers of which are under 
like obligations with the members of the 
affembly, to fupport the conflituiion of 
this & of the United States : In Dallas* 
reports, Vol. III. p. 474, Respub. versus 
CoBBETT, Chief Juftice M'Kean thus ex- 
prefFed himfelf — •• Tfiere is no provifion 
*• in the conifitution, that in fuch cafe the 
** judges of the (iipreme court of the U- 
*• nited States fhall coniroUl and be con- 
*• clufive : neither can Congrefs by a law 
•• confer that power. There appears to 
,, be a dele6l in this matter, it is a casus 
'• omjjfns, which ought in fome way to.be 
*• remedied.** In numerous other inftances, 
courts have expreffed opinions upon the 
imperfe-ftions of the conftitution. 

With thefe preliminary obfervations the 
committee proceed to obferve, that after 
the mofl difpa (Fiona te examination they 
have been able to give the memorials tor 
and the remonftrances agamftthe call of a 
convention, they are of opinion, that al- 
though there are many excellent proviOons 
in the conftitution which ought to remain 
facred, yet fome parts are defeQive, and 
ought to be revtfed and amended. And 
*^ abolilb Uieir ~ governments ia fach | rhu this important objed might be obtain- 



fcience, and no man or generation of men I '• manner 
is authorized to fay to their fuccefforsjthat •' er :" — Tl 
we have arrived at the acm of perfeQion in t 
any human inflituiion, beyond which it is 
impoflible for you to pafs, & aboVe which it 
* is dangerout and prefumptious for you toaf- 
pire ; had an affumption of this nature once 
been admitted,every improvement in arts & i 
fciences, as well as in government, as in 1 
natural and moral philofophy would long | 
fincehave ceafed ; and the aClive genial j 
current ol the (o6l been chilled»and bound 
in adamantine chains. It is with high felt 
fatisfafiion your committee recoiled, that 
the citizens of America were among the 
firil to refift fuch an affumption of power, 
to have burft the chains with which they 
iffcre trammelled, and to exhibit to the 
w6rU« that improvement, «ven in the fci- 
ence of government was pra£li'cable. £v* 
cry art and every fcience had been ftudied, 
improved, and brought to a degree of per- 
feaibiiity by the progreflive labors of fuc* 
ceeding generations, whilft that of govern^ 
ment, o( alt others th^moft interefting to 
man, remained for ages nearly ftationary, 
tlmil the aera of^ the American revolution. 
* — ^The fame forms and fyftems which ex- 
{fieri in the remote and dark age& of ig- 
norance and fuperftition were continued, 
and (lieir antiquity fabilituted in place of 
right ; and lie who darecU to invefligate 
tteir principles, ftretched forth his hand 
lo draw afideahe veil, or exerted his roen- 
jtal powers to dtfTipaie the miRs^by which 
their t>rigio tvas enveloped, was denoun- 
ced as'a traitor, or immolated as a difturber 
of the peace and harmony of fociety ; but 
the citizens of America have not only 
dared to examine — and to refteft, but to 
%Gt upon the fubjefl ; and taught the 
world, that ancient forms can be improv- 
ed and ameliorated, and a fyftem of free 
governnflent realized. 

To the eflabii(hment of this noble ex- 
ample, the good old citizens of this com- 
monweahh have contributed in ^ fmall 
degree ; they have fhewn that n^orms«of 
governdient can be altered and amended 
without thefe dreadful -and terrific confe- 
qtiences which have been predifted by ' 
thofe who held power^ and were hoftile to 
tiie equal rights of man. 

In the year 1776, altlx>ugh engaged in a 

bloody cooteft with an invading foe, they 

eftablidied a frame of free government. 

In the year ijqo that Jrame of government 

was fuperfcdeia by tlie pfefem conftitution 

x>i this commonwealths In the latter in- 

firument as well as the former, the princi* 

pie of progreflSve improvement is recog- 

M:cd— ** That all power is inherent in the 

•• people i and all free governments are 

** conftituted for their peace and happi- 

•^.nefs ; for the advancement of thefe ends, 

*• they have at all times an unalienable and 

•* indefeafitte right, to alter, relorn^ or 



ed by the good people of this common- 
wealth, without nfking their liberties, or 
hazarding their peace or tranquility. They 
have their own experience^ — the example 
of many of their finer flates — the example 
I of the United States, the conffitution of 
I whi^h has incorporated in it provifion fur 
alteration and amendment, anil which has 
been put in pra8ice repeatedly whhout 
danger ordifadvantage to the citizens of the 
United States. 

On the fubjefl of changing or altering 
conftitutioQS, and the danger which by 
fome is prediAed, the committee cannot 
better exprefs their ideas,-than by adop- 
ting the language of judge Wilfon — •• A 
*• change ot government,*' faid he, " has 
*• been viewed as adefperate event, as an 
•' objefl of the moft terrific afpefl ; bc- 
** caufe it has been thought that govern- 
*' ment could not be changed without 
•• tearing up the very foundations ol tjie 
** focial eftabli(hment. It has been luppo- 
" fed that in a tranfitibn from one ffovern- 
" ment to another, the body making it 
*• muft bediffolved ; that every thing muft 
** be reduced to a ftate of nature ; and that 
** the rights and obligations of the fociety 
" muft ^e loft and dilcharged. 

•* In many parts of the world, indeed^ 
•* the idea of revolutions in government is 
*• by mournful and indiffoIublcalTociation 
•* connefted with the ideas of wars, and 
** of all the calamities incumbent on wars. 
*« Bpt joyful experience teaches us in the 
•« Unified States to view them in a very 
" different and much more agreeable light, 
*• to confider them only as progreflive ftept 
'* in impioving the knowledge of govern- 
*• ment', and iqcreafing the bappinefs of 
•• fociety and mankind.*^ 

Your committee prefome that the citi- 
zens of this commonwealth are not lefs 
wife, prudent, virtuous or patriotic, than 
thofe who called 4or and compofed the 
convention that framed the prefent confti- 
tution fifteen years ago ; that tiie people at 
this time may be, as fafely trufted with 
themfelves ^ at any previous period, which 
tlie oppofers of reform can poflibly point 
out. 

But while the committee exprefs thefe 
(entiments, they conceive that fufficient 
time and opportunity cannot be had with- 
in the prefent feffion of the legiflature, for 
the majority, of .the people fully tocxprefa 
their opinion, on this very intereftin^ fub- 
je£l : and that the number ot petit ions al- 
ready prefented are not fufficient to au- 
thorize the legiflature to take meafures for 
the call of a convention at this time*-^ 
Therefore offer the following refolutions : 
Refoivedt That although the boufe o€ 
reprefentatives are imprefTed with the o- 
pinion that the prefent conftitution is de- 
fe3ive, yet the number of petitioners are 
not fufficient to juftify, at this time, any 
, meafures being uken hy the legiflature for 



154. 



€%e balance. 



For 1805. 



ealling a convention ; but they refer the 
fubjefk to the good people ol Pennfylva- 
niathemfelves, to whom of right it be- 
longs, to adopt fuch mea{ure« as their wif- 
dom may dire£t, to give a fair and full 
expreflion of their opinion to the focceed- 
ing le^iflature. ' 

Re/blvadi Tbfit as foon as the people 
(hall fully mtruft and inftruft their repre- 
fentatives in general aflefnbly to call a con- 
vention, provifion fhall be made to ac- 
compli/h fuch inSru3ions and dire£lions. 

FROM THS 3AME. 

The governor has ireturned another bill, 
whicb was a favorite one with the revoiii- 
tiooi&s, withoot.his fignature. The party 
have become fo enraged, that they can retain 
their fury no longer ; and the whole ken- 
nel which ufed to be kept and trained by 
Mr. M'Kean and his friends, for worrying 
their political adverfaries, are now let loofe 
upon him. He and Mr. Dallas are open- 
ly denounced and infulted in all the papers 
of the new faftion, and are likely to be 
completely trodden under foot by that ve- 
ry defcription of people upon whofe (boul- 
ders they have heretofore been elevated. 
To the Jenate and houft of reprc fenta- 
tives of the cornmonwcaltk of 
Pcnnfylvania^ 

^ENTLEMEM, 

I have perufed and confidered the bill 
• entitled, •• an aft regulating the adraini- 
ilration of juftice within this common- 
wealth/* and have dire6led the fecretary 
to return it to the houfe of repre featalives, 
in which it originated, as I do not approve 
it — my realons againft feveral bilU oj the 
^ke nature^ which has been prefented to 
roe within the lajl two or three years, ap- 
pear at large on the journals of both hou- 
fes ; I fhall, therefore, confine myfelfat 
prefeni barely to mention i— 

Firjl — It is declared in the conflltution, 
*• that trial by jury fliall be as heretofore." 
— By this bill it cannot be had^ until after 
iiie caufe fhall be tried and decided by re- 
Jerrees, — Exclufive of the time, trouble, 
delay, and expcnce attending the firft trial, 
there is danger to be apprehended ^ffub^ 
gr nation of perjury from the evidence 
and ftrength of trie refpeftivc parties, being 
previoufly known, and the minds of the 
jury, on the fubfequent trial, will proba- 
bly be influenced by the firft decifion. // 
appears to me^ thai it would be more eli- 
giole for fuitors in our courts^ to pay 
a teriain Jtipulated fum of m9ney to the 
$tate,far an allowance to have a trial by 
jury in thefirfl injlance. 

Second. — it is provided by the confli- 
tution, •* that the judges of the fupreme 
90uit. & the prefjdents of the feveral courts 
of common pleas (hall, at dated times, re- 
ceive (or their fervices, an adequate com- 
penfation, to be fixed by law, which (ball 
not be diminiffaed daring their cootinu- 



ancc in office/* The prefident of the firft 
circuit, compofed of the county of Phila- 
delphia, &c. has by law, at prefent, two 
thoufand dollars a year, the other five, Gx- 
teen hundred. By the prefent bill, the 
falaries of all the prefi dents are reduced 
to thirteen hundred dollars a year, with an 
addition of two dollars daily wages, tor ev- 
ery day they (hall be employed in holding 
courts. Itjhouldhave been fubmitted by 
the bill to the feveral prefident s heretofore 
commifTioned, who refitle within their for- 
mer and n^wly appointed circuits, wheth- 
er they would accept of the alternative or 
not > other wife it appear s_ to.me^ to be a 
palpable violation of another patt oi the 
conftitution, which declares •* that no law 
impairing contra6ls (hall be made.'* • Be- 
fides, it appears to me, that the forms for 
the adminiftration of juftice, prefcribed by 
this bill, ate not fo good as thofe which 
at prefent exijl, 

THOMAS M*KEAN. 
Lancafler, March 29. 

FROM THE SAME. 

New revolutionary Governor, — It ap- 
pears by a fetter from Lancafter, publifh- 
ed in the Aurora of Friday laft, that the 
new party of revolutionifts in the legifla- 
ture have determined to abandon Gov. M' 
Kean, at the next ele£lion, and to fupport 
as his fuccelTor Simon Synder^ the pref- 
ent fpeaker of the houfe of reprefentatives. 
It is ftatecl that the members of both boufes 
of the leglflature converted upon the occa- 
fion,and that out of the whole, Governour 
M'Kean had on\y feven votes. — Oh I the 
end, the dreadful end, of that popularity 
which is acquired by facrificing, to the 
turbulent and unprincipled part of fociety, 
that honourable independence, -and that 
unbending integrity which fhould confti- 
tute the moft prominent traits in the char- 
after of a Judge. 

We arc told that the firft propofitioo, 
which WdS fettled at this caucus of both 
houfes of the K'giflature wasj that the can- 
didate to he fixed upon (hould be a Ger- 
man, and the fecon'^l, tint he fh^uId not be 
a lawyer, and the third, ** th.it a clodhop- 
per (hould be preferred." — Thefe princi- 
ples being (eitled, they proceded to fix 
upon Synder for their candidate, 

PROM THE SAME. 

The RevoliUioniJis defeated. Two bills 
were lately brought forward in our legifla- 
lure by the promoters of revolution, and 
paflTed both houfes. One toalter the mode 
of appain'ing the comptroller and regifter 
general ; the other to new model the judi- 
ciary department of the ftate, Both thefe 
were returned by the governour with his 
objeflions. — The former was confidered 
in the houfe of reprefentatives, and pa (Ted, 
by the conljitutional m'ajority of two 
thirds :'but upon being taken up in the 
fenate, the votes were yeas ;6, nays 9, 



I which not giving a majority of two thirds, 
the bill was loft. — The other was taken up 
and confidered, together with the govcrn- 
our's obje£lioo8, in the houfe of reprefen- 
tatives, and upon iht queftion on pafGng 
the bill, there were ayes 51 » nays 26. The 
majority being Jefs than twa thirds, thb 
bill was alfo loft. — ^The members of the le. 
giflature it feems, have refolved to remove 
this obftacle to the accompli (hinent of 
their revolutionary fchemes, by dire£ling 
the ptople to rerpove Mi. M'Kean from 
the office of governour, atid to eleS one 
Mr. SnyJer, who, it is fuppofed will be 
perfe31y compliant and manageable. 



[The editor of the Virginia Gazette, a very wi* 
pectable f<^ral paper, published ait Ricbmond^ 
has formed a connection with Mr. Charlb$ 
Prentiss, former editor of the B altimore Jn- 
ti'Democrat, who has undertaken the editor- 
ship of the Gazette. • He has entered on bit 
task, with accustomed ability. Wc can giv« 
in this day*s paper, but one short specimen -:-« 

Edit. Bal.) 
Pierce Butler, of South-Carolina, ihro' 
his integrity and independence, loft his 
feat in the Senate of the United States.-* 
In his room Mr. Gailiard was fent : but 
the Carolinians are again bit : be has 
tricked them ^ith old fafhioned honefty 
and independence of opinion. Thefe dif- 
ficuhies might caGly be remedied. Let 
the different States pafs a law of this ten- 
or : — **Be*it enaQed that whenever any 
perlon fliall be elefled a member ot ihie 
Houfe of Reprefentatives it (hall be hi| 
duty on all occaGons to vote as Mr. John 
Randolph votea : and it fliall be the duty 
of every Senator to (ubmit tb the direftion 
of Mr. John Breckenridge. And if any 
Reprefentative or Senator ftiall plead the 
authority of confciencc, he (hwll confult 
with the Prefident of the Uuiied States 
how far fuch imagination ought to con- 
trol ; and it, after fuch confultation, he 
per lift in obeying the authority of con- 
fcience, it (hall be the duty of fuch perfon 
to refign, that his place may be fupplied . 
by a greater connoiffeurin ih^ freedom of 
confcience. " [Virginia Gazette. J 

^— "P— — i"^**— ^'■»— —— — M— — <» 

§^Ui^^On, April 23, 

Be it oiir weekly task, 
To note the passing tidings of the times. 

SENATOR. 

The federal ifts, deeming the tontcft 
ufelefs, will not run a Senator for the 
Middle Diftrift. It is generally believed, 
however, that Peter C. Adams, Elq. wiU 
receive the federal votes of Criimbia. 



No. 17. 



CJje 2^a!antf. 



1S5 



LIBEL LAW. 

, We mu ft be permuted to exultalhtl«, 
on account of our Utc triumph. We will 
&BJOXCE ! we have reafon to rejoice — for 
hereafter we are to be permitted to give 
the TRUTH IN EVIDENCE, when we are 
indided for libelling public officers. Mr. 
Van Nefs, our worthy reprefentative in 
the Aflembly, introduced a bill for this 
purpofe* and had the fat is faction of wit- 
ncffing its paflage through the legiflature, 
and the council of reviGon. 

Mow, thank God, truth is fafe again, as 
in federal times, and we can fpeak of our 
Tokrt, without the fear of public profe- 
cotortiprifons and fines. Though thefe 
terrors have never driven us entirely from 
the performance of our duty^ flill we con- 
fcfswefeela little more at liberty. We 
can {peak out in plain terms, and make the 
people underfland ; and we will do it, and 
^id defiance to profecution. 

On the 8th in ft. the Country Seat be- 
longing to the late Gen. Hamilton, called 
the Grange, fituated at Haerlem, was fold 
at public auflion, at the Tontine Coffee 
Houfe, and purchafed by Archabaid 
Gracie^ Efq. tor the fum of 30,500 dol- 
lars. 

Ifaoy perfon can inform us under wh;|t 
pretence the Engl I (h cruizers take our 
vefTets trading to St. Domingo, and fend 
them to Halifax, the' information would 
oblige us ; as it is out of our power to 
Conje£lure. If our government have re- 
fotved to fet themfelves up as an objeft to 
be fpucned and kicked with impunity by 
every power on earth, they ought, at leaft, 
to make known the faft by a proclamation 
to that effeft : in order that fuch indi- 
viduals as do not like the (port may k^ep 
•at of it. [£/. StaUi GazetU.'] 

An Englifh Priv^eer fchooner has been 
•razing off Sandy-Hook for the lafl £ou( 
days. She boa)ds all veflels going out or 
coming in ; and on Saturday (he fired fix 
{hots at the fch. Indufiry, from Savannah ; 
one of which went through the mainfail. 
We have not learnt the name of the priva- 
teer, but we underfland (he is from New- 
Providence, and left that place two months 
ago. She {% a very fmall veCTel, and has a 
•rew of 36 men only. 

YMer. AdvJ\ 
Where are all our Gun !&oats ? 

Captain Paddock, from the city of St. 
Dommgo and Porto Rico, informs us, that 



the Haytian army appeared off St. C-jrlo 
the 5th March, and, on the fame morning 
(hota French genera! who was walking on 
the ramparts. On theSih they croffed 
theriv^r, and pitched 'their tents. On 
the nth the French gc'ribral Debarque, at 
the head of 400troop.</toacie a fortie from 
Fort Carlos, and routed the befiegers (who 
loft their commaatler, and one hundred 
troops) after a (mart fklrmifh of four 
hours with tiie lofs of only 3 men killed, 
and 5 wounded, including General De- 
barque, (lightly. On the faccceding day 
General Ferrand ordered all the (hipping 
to leave the poit, on account of the injury 
they would fuftain from the firing of the 
negroes ; and compelled them to take on 
board all the women and children in the 
place,: and convey them/lo Porto Ricb. 
Captain Paddock received fixty of thefe 
unfortunate performs on board his veffell 
The garrifon at St. Domingo confifted of 
about 4009 troops, well fupplied with arms, 
^mrpunidon, and provifions ; and the com- 
mander in chief apprehended' no danger 
from the threatened attack. 

[^Mercantile Adverti/er.J 

At a meeting of the .Council of appoint- 

ment, held at the chambers of his Excel- 

lency the Governor, loth April, 1805. 

Prefent, 

His Excellency Morgan Lewis, Prefident, 

The Hon* Jedediah Peck, 

Jofliuah H. Brett, 
Stephen Thorn, Members. 
Refolved, That Jacob Morris, be no 
longer brigadier .general of th6 brigade of 
mi}ttiaof the county of Otfego» and that a 
fuperfedeas iffue accordingly. [To this 
refoiution Mr* Brett diffented, and the 
Governor refufed fignirg the minutes.j 

jiprii II. David Bates, brigadier gen- 
eral, vice Jacob Morris, fuperfeded. 

[Albany GazeUe."] 

Gen. Wilkinson, who it appointed 
Governor of Upper Louifiana, retains his 
poft as Commander iq Chief of the Amer- 
ican forces, at a falary ^ 5000 dollars. 
lEvening PoJ.'] 

BALTIMORE, APRIL t2. 

The following has been received by the 
editors of the American as a tranflation of 
the recent edift of Gen.Ferrand. Though 
as a tranCation, it may i>e incorrefi, it is 
not doubled that it is in fubftance authen- 
tic, as the fource from whence k comes is 
refpeftable : — 

L. FERRAND. 
General of Brigade, Commander in Chief 
of St. Domingo, afting as Captain-Gen- 
eral, and a Member ot ^tlSe. legion of 
Honor. 

Experience has, for too much time, 
I taught the general, that all kinds oi regard 



and modification towards thofe fcoundrels, 
who maintain the rebellion in Hifpaniola, 
by f urnifhng every thing neceffary to the 
rebels, againft the will and approbation dt 
their refpeftive governments, and who, by 
thofe aSs of cupidity, difhonor the flags 
they fail under; and finding the necefli- 
ly of pulling a ftop to rdpachy,and to treat 
them as pirates, has proclaimed and pro- 
claims : — 

ArXicle /. 
Ail individuals, . wfiomfoever, found on 
board of any veffcl or veffels, allies or 
neutrals, bound to any port in Hifpaniola, 
occupied by the rebels, (ball fuffer death. 
Thofe found on board of any veffel, al- 
lies or neutrals, coming out of any ports 
in Hifpaniola, occupied by the rebels, 
(hall fuffer death. 

Thofe four^d at two leagues diftance from 
any port of the coa^of^ Hifpaniola, occu« 
pied by ' tfre relels, on board of alHes or 
neutrals, (hall fuffer death. 
Article II. 
The General informs, that all prifonera 
made in thofe different cafes, (hall be 
brought into one of the ports of Hifpani- 
pla, occupied by the f'rench, to be tried 
by military commiflion, which is to pro- 
nounce fentence. 

Article III. 
This proclamation (hall be put into exe. 
cntion on the firft Floreal, (21ft April) & 
until that tioi^ all the preceding proclama- 
tions, in order t6 prevent all kinds of com- 
munication whh the coa