United States oracle and Portsmouth advertiser — Portsmouth, N.H., 1802-06-19 00:00:00, page 1

Conclufer. of Mr. R UTLEDGE's Speech
on the repeal of the judiciary.
WHETHER another honorable
gentleman from Virginia (Mr.
Randolph) has derived all the service
from his fling and his done he had ex
pefted, or whether he feels acquitted
of his promise and now thinks himfelf
„ c-tJale &f proiliating the Gohah of
this house, armed cap-a-pie, with the
constitution of his country, I cannot
v conjedure ; whether he has discovered
the (kill and the prowess of David, or
whether he is likened to him only by
the weapons he wars with, it is for the
committee to judge—for myfelf 1 must
fay that his high promises had excited
expectations which in life have not
been realized, and when the gentleman
fat down I was sorry to find my ob
jections to the bill on your table undi
minilhed-^l fay sorry, for I can
lay my hand upon my heart, & in the
fulnefs of sincerity declare there is no
thing I desire more anxiously than to
be convinced by gentlemen that this
fmeafure is not unconstitutional. It is
not competent for us to decide where
the power of judging shall be placed
as is supposed by the gentleman from
Virginia, who fays the only question is
where this power shall be placed. Sir,
the true question is where <was this pow-
U er placed by the constitution ? and the
honest answer must be, that it was ob
tained to the judiciary by the will of
the people: Their power is paramount
to that of the legislature and revocable
only by the authority that gave it. In
deprecating the adoption in this country
of the common law of England, which
was brought to it by our ancestors, and
the principles which are the fundamen
tal maxims of our liberties, the gentle
man from Virginia has attempted to
Ihew the inconveniences resulting from
its uncertain rules, and has noticed the
case of Williams which occurred in
, Connecticut. Sir, lam surprised that
a gentleman so correct as he generally
is should have fallen into the inaccura
cy he has.-—The case of Williams is a
notorious one, and it was not a profe
c ition at common law ; the hiftory
of it is, that when general Pinckney
was at Paris he learned that some of
the privateers which were then cruising
against the American commerce were
commanded by Americans ; as soon as
this information reached congress they
pat Ted a law to prohibit our citizens
from going into the service of any bel
ligerent powers. Williams continued
to command a French privateer, and
he had captured many of our vessels—.
he was afterwards brought into Con
necticut, and there tried and punished
—not under-the common law as the'
gentleman from Virginia supposed ;
but under our statute ; under the law
passed in 1798. The gentleman has
asked whether if we had created an ar
my ofjudges, and given them mon
strous high salaries, it would not be
right to repeal the law ; that if the
power exists to repeal any law which
might have passed on this fobjeft, it
might not now be used, and has been
pleased to fay we would have created
more judges and given them higher
salaries if we had not wanted nerves,
and tells mv honorable and learned
friend from Delaware that we were re
frained by the fame feeblenefs of nerve
which induced us at the presidential e
leaion to put blank votes in the ballot
box. Sir, my friend from Delaware
does want that fort of nerve that some
gentlemen now difeover; although he
is as brave as he is wife, yet in living
without fear he will live without re
proach ; and never make himfelf liable
to the charge of prostrating the consti
tution of his country. For such a
work it is true he has no nerve. The
observations of one honorable gentle
man from Virginia (Mr. Giles) being
now reiterated by another refpeding
the course of condud we pursued ar the
prudential ele&ion, (hows that time
has not abated the resentment of Vir
ginia which we excited by our not vot
ing for the Virginian candidate. Per
mit me here to declare, fir, that in
reviewing all my public conduct I can
difeover no one act of which I am more
fatisfied than my having put a blank
vote into, the ballot box—much has
been said on this fubjed ; my friend
from Delaware and myfelf have been
denounced by the jacobins of the coun
ty ; at their civic feafts and in their
drunken frolics we have been noticed.
V o l.Xll.\ SATURDAY, JUNE 19, 1802.
Os ALL THE DISPOOSITiONS AND HABITS WHICH LEAD TO POLITICAL
prosperity, RELIGION and MORALITY are INDISPENSABLE
necessary.— WASHINGTON'S Legacy.
PORTSMOUTH, N.H. Printed and Published every
AMERICAN INDEPENDENCE, TWENTY-SIXTH YEAR
Portsmouth
WiteaStates
European renegadoes who have left
their ears on the whipping posts of their
refpe&ive countries, or who have come
to this country to save their ears, have
endeavored to hang out terrors to us
in the public prints ; nay, fir, circular
letters have been diffufed through the
country, charging us with the inten
tion of preventing at one time the elec
tion of a Prefident,and at another with
the design of defeating the vote of the
eledors and making a president by law.
This was all a calumny, and as it re
lates to the South-Carolina delegation,
I declare they had no intention of de
feating the public will : they never
heard of any projed for making a presi
dent by law ; they had but one objed
in view, which they pursued Readily as
long as there was any profped of
attaining it. The gentleman from Vir
ginia and the gentleman from New-
York had an equal number of votes ;
we preferred the latter ; we voted for
him more than thirty times ; but when
we found our opponents would not u
nite with us, and seemed obstinately
determined to hazard the loss of the
constitution rather than join us ; we
ceased to vote ; we told them we can
not vote with you, but by ceasing to
vote, by ufi^g blank votes we will give
effed to your votes ; we will not chufe,
but we will fuffer you to chufe. Sure
ly, Mr. Chairman, there was nothing
in all this which had any afped towards
defeating the public will. Why I did
not prefer the gentlemanVho ultimate
ly was preferred has already been men
tioned. This is a fubjed on which I
did not exped to be called to explain ;
but the gentleman from Virginia has
called, and it was necessary to answer.
Permit me to state also, that besides the
objections common to my friend from
Delaware & myfelf, there was a strong
one which I felt with peculiar force.
It resulted from a firm belief that the
gentleman in question held opinions re
fpeding a certain description of proper
ty im my state, which mould they ob
tain generally would endanger it,' and
indeed lessen the value of every other.
Following the example set by his col
league, the gentleman from Virginia
has bestowed much censure on the past
administration, and made it a serious
charge against them, having appointed
under this law a gentleman of Mary
land who he fays was not with us form
erly, but unfurled bis flandard in the
service of his King, and fought against
his countrymen whom he then deemed
rebels. I did not expert, Mr. Chair
man, to hear this observation from one
of the friends of the executive. Since
the fourth of March last I thought phi
losophy had thrown her mantle over
all that had passed ; that fins were to
be forgotten & forgiven, and to prove
this sincerity of forgiving spirit, sinners
were to be diflinguifhed by executive
favours ; one would have thought so
in reviewing executive conduct ; where
persons had been imprisoned and fined
under our laws, they, we know, were
released ; where fines had actually been
paid, the officers of government had
been ordered to return them and not
only tones had been appointed tooffice,
but old tories, rank old tories who had
been banilhed. The present collector
of Philadelphia for the internal revenue
has been appointed since the four th of
March last, and although he never,like
the gentleman alluded to, shivered
lances in the service of his king, yet he
was adiVely en ployed in the more fafe
service of giving information to the
British generals, and marching before
Sir William Howe, and decorated with
laurels he conduced him into the me
tropolis of his native state? Sir, there
are many inOances of this kind. Have
gentlemen forgotten the young En
glilhman who was so busily employed
here last winter during the Presidential
eledion, that in feeing him one Would
really have supposed him not only a
member of this house, but like him of
Tennessee holding an entire vote at his
command—this youngfler was fert out
here by some merchants in England to
collect debts due to them in this coun
try, and his father whole tory princi
ples carried him from America early
in the revolution is now subsisting on a
royal pension—and this young man
has been appointed our consul at Lon
don, and the former consul, a native
and ftannch American, whose condud
had been approved by our merchants
generally, has been turned out to create
the constitution, perhaps with honest
views : but these innovations are pre
cedents to fandion subsequent innova
tions of men with bad views, and des
potism succeeds anarchy. This is what
we learn from every page of hiftory.
Let us profit by these motions ; let us
take experience as our guide. We all
have one common interest in this con
stitution, let us then leave it untouched
—if you touch, others will ruin it—
what has happened elsewhere will hap
pen here ; these gentlemen are not ma
sons in politics and government —the,
cannot build up again—they are mere
sappers and miners, and if they pull
down this mild government, those who
come after them will build up a des
potic one. If you will not reject this
measure, postpone it for a year ; the
people want no change of our constitu
tion, give them but time, and my life
on it they will fay so; the President
will refped public opinion,give time for
its expression and the President will su
bordinate his desire to destroy, to theirs
to preserve. Is there no ground upon
which gentlemen will meet us & com
promise ? If the remnant of the army
is disliked, we vyil| abolish it ; if a fur
ther reduction of our little navy is desir
ed, we will reduce it ; .we will join in.
abolishing the internal revenues ; fir,
indeed, there, is no facrifice we will not
make to prevent the facrifice of this
constitution. Gentlemen fay thecon
ftitution will live-fir, it may last our
time, but it will drag out a miserable
exigence after receiving this wound;
it will be mortal ! inflict it and. you
doom it to ruin ; like the best and most
lovely part of God's creation, violate
and you destroy it—as has been observ
ed in the House above by a country
man and honorable friend pfminc^at ,
ic will be with this constitution as with
a confined fluid ; if a drop of it escapes
the leak through which it deals, will
soon become a breach by which the
whole will pass away. This bill is an
egg which will produce a brood of
mortal consequences. Although the
blow aimed at the constitution will not
immediately destroy, the injurious .ef
fects will be immediately felt—-it will„
soon prostrate public confidence ; it
will immediately depreciate the value ,
of public property. Who will buy your
lands ? Who will epen your Webern
forefts? Who will build upon thehills
and cultivate the valleys which here
surround us ? He must be a (peculator
indeed, and his purse must overflow,
who would buy your weftern lands and
city lots, if there be ao iadtpadeat ,
a vacancy. The gentleman from Vir
ginia has repeated the observations of
his colleague, that the people are capa
ble of taking care of their own rights,
and do not wauta corps of fudges to
proted them. Human native is the
fame every where, and m%g { r rife
ly the fame fort of tcin^p&^£r „
world that he is in the old.
zens of other republics were as wife
and valiant & far more powerful than
we are. The gentleman from Virginia
knows full well, that wherever the Ro
man standard was unfurled, its motto
“ Senatus Populufque Romani" pro
claimed to a conquered world,that they
were governed by the Senate and the
people of Rome. But now, fir, the
Roman Lazaroni, who crouching at
the gates of his prince's places, begs
the offals of his kitchen, would never
know that his ancestors hid been free
—not that the people had counted for
any thing in Rome, or that Rome ever
had her Senate, did he na read it on
the broken friezes and broken columns
of the ruined temples, whole fragments
now lie scattered over the R>man forum.
Italy ? The people of thtfe countries
were once free and happy, but their
government for want of some protest
ing check some inherent principle to
defend themselves, have di been sub
verted—they have all travelled the
fame road-—it is as plain as a turnpike
—-it is pointed out by the ruins of other
republics—every where the fame caus
es have produced the fame effcA^. —
The government gets into the hands
of theorists, and they make inroads on
Sir, the mournful hilbries of the
republics of Rome and Greece, are not
the only beacons which rarn us of the
dangers of instability anc innovation.
All Europe was once free But where
now is the diet of Sweden? Where are
the states of Holland ar.d Portugal,
and the republics of Switzerland and
rampart around it, are now worn by
the consular janiflaries, and the repub
lican Randards are among the trophies
which decorate the vaulted roof of the
consul's palace.
Refpeding the expediency there was
for passing the law which gentlemen
now seek to repeal, I shall fay nothing
as my hon. friend from Delaware has
entered inter a most ample detail of it.'
Indeed, fir, he travelled through so ex
tensive a field of enquiry refpeding the
unconstitutionality of the repeal as well
as of the expediency of having passed
the law, that he has greatly narrowed
the ground for all ,who follow him;
his range was commensurate with the
extent of his mighty mind and with the
magnitude of the fubjed ; a fubjed,
fir, let me tell gentlemen, that is perhaps
as awful a one as any on this fide the
grave. This attack upon our constitu
tion will forra a great epoch in the hif
tory of our government. In the im
portant changes we read of in the sys
tems of other governments, we find
some public benefit to have been in
tended ; something plausible at least
was offered in juftification. But here,
“ when we are in the full tide of experi
mental success," a revolution commen
ces without an, necessity or pretence.
It is not to be presumed that the exe
cutive has been incited to this by the
paltry confederation of saving 30,000
dollars. He has proved by bis expen
ditures, since the fourth of March that
our nation is not in great want of mo
ney. The fad is, fir, that so good was
the management by the past adminif-'
tration of our fifeal concerns, that.our
treasury overflows with mopey ;, to
this cause may be ascribed some of the
great expenditures made during the re
cess, and which to me appear to have
been perfectly useless ;but pethaps ,hf y
were not so. Although thefoate Aft'
year appointed a minister to France ^
immediately upon its rising, the prcfi
dent appointed another honorable gen
fl&map (who now fits near me) envoy
ho carry over the treaty ; although the
French had called in their Gtuifers/add
• for us it was a time of profo^d pehci,
thi§ gentleman wasfent oyer iri^a man
of war, at an enormous ezpenfe. If
gentlemen will look at the printed re
port of the secretary of the navy for the
lift year, of money necessary to be ap
propriated, they will read in page 52,
tribunals where the validity of your
titles will be confirmed. Have gen
tlemen forgot the sales of public lands
made in France ; the national domain
was fold for affignats ; after they had
been well fold and one inftalment
paid,the terms of payment were chang
edand the purchnfcrs ytctc obbiged to
'pafin specie or relinquish the lands.
Sir, look at home and we fee examples
to prove the necessity of an independent
judiciary. Have we not seen a state
fell its weftern lands and afterwards
declare the law under which they were
fold made null and void. Their nulli
fying law would have been declared
void, had they had an independent ju
diciary. Whenever in any country
judges are dependent, property is inse
cure. An Hon. Gentleman from Ken
tucky fays, he does not want to seek
examples across the Atlantic. Sir, is
this wife ; are we to (hut our eyes to
the li,t of hiftory and turn away from
the voice of experience. Sir, the un
tutored Indian marks on his toma-hawk
great events as they pass, and augurs
what will happen from knowing what
has happened, and (hall we travel on
without noticing the finger boards e
reded by hillorians for our security ?
The gentleman censures our having
noticed France,and read a passage from
a speech of the illustrious Washington
where he called the French a great and
wife people. What has been the fate
of this gallant people ? Where is their
constitution ? We have seen La Fayette
in the camp de Mars at the head of
50,000 warriors who with one hand
grasping their (words and the other laid
on the altar, swore in the presence of
Almighty God, they never would de
sert their constitution. Through all
the departments of France similar
pledgee were given. Frenchmen re
ceived their constitution as the follow
ers of Mahomet did their Alcoran, and
thought it came to them from heaven.
They swore on their standards & their
fabres never to abandon it. But, fir,
this constitution has vanished; the
swords which were to have formed a
PRICE I DOLLAR^o CENiS Per Annum. [No. 38.
^ADyERTISEMEN TS reasonably ^conspicuously inserted—COMMU
f NICATIONS duly attended to—and every FAVOR THANKFULLY
<ACKNOWLEDGED.
Saturday Morning, by WILLIAM TREADWELL, & C °
FEDERAL GOVERNMENT, lOuR^EENTH YERR.
Advertiser.
®^€ie, ana
celebration of their success, they do
not dig a grave, and decree funeral
rites for our constitution. I repeat a
gain, this is not away to save money-
If saving really be the object, let our
opponents procure it by more gentle
means. To attempt saving a little mo
ney by injuring the conftitution,would
be like taking from the foundation to
patch the roof. Like digging up for
use the roots of a tree, inttead of lop
ping off the boughs,—To the confi
dence inspired b, the independency of
our judges are we indebted for much
of our national prosperity. Pass this
law and the tribunals in America will
be like those of France as described by
the most brilliant scholar and sagacious
statesman of this age. On the fubje&
of the French judges, Mr. Burke has
said, " In them it will be in vain to
look for any appearance of justice to
wards strangers ; towards the abnox
ious rich ; towards the minority of
routed parties ; towards all those who
in the ele&ions have supported unfuc
cefsful candidates. The new tribunals
will be governed by the spirit of fac
tion." I feel myfelf much honored,
Mr. Chairman, by the great attention
the committee have given to my ob
servations. They have, I fear, ex
hausted all your stock of patience. I
find they have exhausted all my strength
—but the magnitude of the fubjed will
I trust, be an apology for their lergth.
Permit me here tc express my fcrrow at
hcamg the declaration of an honour,
abllftntleman from Pennfylvania(Mr.
Gregg) who yesterday, after joining in
the call for the question, rose, and Aid
it was useless to contidue the debate,as
the minds of the majority were fuily
made up. It feerns the gentlemen are
not op^n to coffyi^joh, and that they
have deteimined to violate the fan&ua
ry. Myfelf' arid my friends will not,
'however, be .deterred by this menace,
'Wehave alvvaysSeeu the fineere friends
of this coriftitution, .and we will, at
tempt its defence as long as we have
the means of making it. We will strug
gle to the last ; if we cannot command
. success we will endeavor to deserve it.
If the friends of the conditution are
fabdued by numbers, the material
phalanx, in bursting into the temple
will, I hope, fijid them all,at ^etr polls
—they will be in the portico, toe vesti
bule, and around the altars, grafting,
grappling the conllitution of their
country with holds of death, and with
nollumm wutari on their lips-
that the expences of the flip Maryland
are estimated far a year, at 37,269 dls.
77 cents. The Maryland was seven
months, in carrying our envoy waiting
his orders, and returning to America ;
and for seven months the expence of
this (hip would be thirty-three thousand
fourjMindred arid fc<eri dollars. Per
haps ^1 this was wife and neceffaty on
the part-ofthe-ereem—:..,tar&/At
the fa&. Another which I will notice,
is that without waiting for the final
ratification of the treaty, or for con
gress to make appropriations for its
fulfilment, the executive had the (hip
Berceau repaired, to be delivered up to
the French government at the enor
mous cost of 30,00 dollars. Besides
this, the officers were paid when at Bos
ton, fix dollars per day. How does all
this agree with availing the most pre
cious part of our constitution to save a
little money ? But if I am under any
delusion, and we are not rich ; if we
want to save, and must fate money ;
let us turn to something else—let us be
gin with ourfelvcs. The Speaker of
this house receives twelve dollars a day,
gave him fix ; we receive fix, let us be
content with three ; on our fide we
cheerfully agree to this reduction. If
gentlemen will look at the catalogue of
expenses under the head of " Legisla
ture," they will find a number of items
which if summed up, will amount to
193,470 dollars ; let us retrench as I
have proposed, and save to the nation
one half of this sum ; we will in doing
so, save nearly 100,000 dollars a year.
Sir, gentlemen may depend upon it
the people of this country are too in
telligent to ascribe this measure to the
mere desire of saving a little money ;
they will view it as the vengeance of
an irritated majority. I conjure gen
tlemen to celebrate their victory by
more harmless sports. Let them tri
umph over Us, but not by immolating
the constitution ; let them beware, that
in erecting a triumphal arch for the