The Rhode-Island American, and general advertiser — Providence [R.I.], 1810-12-18 00:00:00, page 2

• , * *
It would, In the place,be'an instate
of a very strange want of -foresight, in the
framers of the charter, and in those legis-
Lr.ive worthies, who from time to (ime have
built up a Constitution, composed almost
entirely of ancient and venerable customs,
if they had composed one branch of the
Legislature of the even number of twelve,
and allowed the Governour as one of the
twelve an equal vote with the other mem*
bers. If the Governour has an equal vote
with the other members of thrGrand Com
mittee, he certaiely has an equal vote in
the Senate sitting by themselves, and thus
it might happen that a bill or law might
pass the House of Representatives, bet fail
io the Senate, for want of a majority,
either to concur or non-concur. This might
have happened when both branches made
one House and voted together, or at any
time since the law passed for their sitting
ia separate Houses, and having a negative
on each ctfher. Was it ever heard of, that
any other entry was made by the Senate
upon a vote eent up for concurrence, than
either ebat it whs non-concurred or concur-
Hd in, with or without amendment? Did
the Secretary ever come down to the House
and pay, Senate can neither eoncer
Wor nqa-concur to the bill sent up; because
{hey ■ Are equally divided by the exercise
of the Governour’s prerogative of Voting in
the Seat instance with the members of the
Senate? Would it not occur to any man,
who was drawing up a Constitution, or
frame of goverament, that if he gave the
Governour power ex officio of presiding
over one branch of the Legislature, and
over both when united in convention, he
must give to this officer not an equal but a
Casting vote only ? If in the choice of offi
cers the Governour could vote in the first
instance, it might happen, as the Grand
Committee is composed of Eighty-Four
or might at any time consist of
;; mm even number, that the Executive and
Judicial officers, indispensably necessary
to the execution of the laws, could not be
elected; and the consequence would be,
gbnt the government might be dissolved, for
Want of the necessary officers for its organ
bation, The Governour is not elected a
member of eijher branch of the Legisla
ture, but is chosen by the people at large
to preside over both ; be is, according to
usage, and net by express law, the Presi
dent of the Grand Committee; and is,
therefore, from the nature of the thing, to
exercise the function of voting, in cases on
ly in which the Grand Committee cannot
agree. There is no analogy between the
situation of the Speaker of the House of
Representatives, or of a Moderator a
Town Meeting and that of the Governour,
because the Speaker or Moderator is elect
'd from amongst the body he presides over, I
and so it may be said ought uot to lose a
right which he possessed before his ap
pointment in common with the other mem
bers of that body; but the Governour is
sent into that body be presides over, and is
not elected by them, but by an higherau
thority. If there is any analogy between
the cases, it fornishes a new argument
against the Governour; because, in point
tf fact, the Speaker never exercises the
power contended for, and Moderators very
seldom. is called into the
Gtand Conynittee, by virtue of his office,
- to fureaide there, and therefore lie cqnnot
by giving his own suffrage, defeat the will
of the majority, and prevent an election.
Me was sent there to give dignity to the
meeting, and to prevent the wheels of gov
ernment being stopped by an equal division
of votes; not to produce confusion and per
plexity, by making the division equal. In
analogy to this power is that of the Vice-
President of the United Slates, who is Pre
sident of the Senate, not by the appoint
ment of that body, for he is not a member
of their House, but he holds the chair by a
stronger tenure, ear officio. The Constitu
tion therefore provides, that he shall have
«riy a casting vote.
UP* the occasion of the Governour’s
cfaimtog er exercising the power which
the of Representatives say was an
of their privilege, and a de
partuvbWMn hncicnt custom, one of the
most imyMtaat statutes that bears on the
question Wfaaot read, nor even referred
to. Nobody was prepared except the Gov
emiar himself, aqd hr appeared to have
read nothing on the subject but the Char
ter. He expressly said, that whether the
gmwer he than claimed had been exercised
by himself, or his predecessors or not, was
Wholly c of the question ; that thfc disuse
of the power did not destroy the right; and
that whether the usage was one way or the
other, he should and would vote; because
fat he eaid) the Charter gave him the
power. It seems then that his Excellency
at that time, believing ancient usage to be
against him, did not choose to rest his pri
vilege on that bottom, bat rested it on what
be thought the solid foundation of the Char
ter. He defied usage to destroy his lawful
prerogative.' To be sure this was begging
the question, but his Excellency could not
have seen she law I am about to quote, or
he would not have spoken so disrespectful
ly of tba ancient customs of our fathers.
The law I j-efer to is in the State Laws,
page 136—** That the Senators in Con
gress, to be elected by the Legislature of
thia State, shall be elected agreeably to the
noage thereof in the choice of State officere
r* • ■ .
by ths General Assembly joined io • Grthd g
Committee, and not b separlka Houses.”
That a law to applicable, and indeed sb
decisive of the question aa this, not
have been quoted at the time by
sition, Is to be accounted for only by the
suddenness of the question, rod the sur
prise excited by such a novel asseyMobof
prerogative. Tbe law refers to usago*and
not to the Charter or any positive statute.
The Governour’s friends, finding no provi
sion for this prerogative in the Charter or
the laws, (if there ie such an one, let it be
produced,} Jnd aware that the act pro
viding for tbe election of Senators has
sanctioned the ancient .usage, have lately
denied th*fr the usage was against them,
or have asserted that the usage has riot
been uniform. Upon these facts they arc
now called on for protf. I ask not for de
clamation or assertion. I ask evidence
from authentick history, from records from
the writings of men of character and infor
malion, or at least from full, clear, uncon
tradicted otal tradition. No such evidence
has been produced, or can be cited. I can
offer proof of the contrary,
from grave authentick history, and from
the works of eminent civilians. On the .
authority of a candid, respectable histori
an, who wrote eixty ye art ago, and de
scribed our polity and frame of govern
ment, we find it stated not as a problemat
ical, or questionable point, but as a part of
our fixed, established Constitution, that the
Governour has only a casting vote. I re
fer to Dr. Douglass, who wrote a history
of New-England in 1750, whose words I
shall quote.
“ As in the majority of voters there must
(by the Charter) at least be th? Governour
or Deputy-Governour, and six of the As
sistants, it was tbe same case as if the
Governour and Assistants were a separate
Board or House; therefore, after some
years, by Act of Assembly, they were con
stituted a separate House : and the Gov
ernour, in case of an equi-vote in the board
of Assistants, to have'the casting vote—but
no negative. Doug late e Summary, vol
2, page 82,’ concerning the Colony of
Rhode-Leland. ' t •
So in page 86, speaking of the General
Elections, he says, “At the Township
Meeting in March annually, the Freemen
of the Town bring in their written votes,
called proxies, for a Governour, a Deputy-
Governour, Ten Assistants, Recorder,
Treasurer, and Attorney-General; these
votes are sealed up, and sent to Newport,
for next May General Election ; the Gov
ernour has no negative in elections, has no
negative in passing of bills or resolves,
only in the Hoose or Board of Assistants,
in case of an equi-vote, he has the CAST
ING VOTE. All other officers, civil and
military, are appointed by a joint vote of
the Board of Assistants and House of Rep
resentatives.”
\ “ In all Grand Committees and election
of officers, the Board of Assistants and
House of Representatives sit and vote to
gether.” * «
Upon a careful perusal of the whole
chapter, .relating to the Constitution, or
usages of Rhode-Island, of'which subject
the authour is perfect master, not a sen
tence can be found, intimating the existence
of any such right as the Governoiu con
tends for; or a hint, tmtt any such right
had been, by the highest party Governours,
in the highest party times, ever exercised,
or even claimed.
I have the satisfaction of adding, to the
authority of Dr. Douglass, that nf William
L. Smith, of South-Carolina, L. L. D. and
formerly a member of Congress, and Am
bassadour to the Court of Portugal. In his
valuable work, called ** A comparative
view of the Constitutions of the several
States with each othet 1 , and with that of
the United States, 8c c. &r,” published in
Philadelphia in 1796, fn the notes upon the
Legislature, page 13, speaking ofihe Gov
ernour and Speaker of Connecticut, who
may, it seems, “ vote in the first instance,’’
he says, “This is another peculiarity. In
all the other, Staten, the President or
Speaker has only the CASTING VOTE.”
1 I beg the candid attention of my fellow
citizens to these authorities, and to these
facts. I have avoided, as far as possible,
every thing which could irritate the jealous
spirit of party. Not because 1 fear its ma
lignancy, but because the case Is so strong
on the part of pie House of Representa
tives, that it needs roly to be stated with
perspicuity, and requires no aid from pre
judice or passion. If the Governour has
law, or precedent, or charter, or history,
to justify him, let it be produced. If he
has been guilty of an assumption of power,
and an infringement of the rights of the
General Assembly, let him frafikly con
fess his errour. He will thus avoid the
severity of that just punishment, which
must inevitably overtake a. Magistrate,
who, having infringed the highest privi
leges of Unpeople, and arbitrarily assumed
an unconstitutional power, should, when
his fault was pointed out, instead of throw
ing himself upon the good nature of his
constituents* persist in has wrorpation. As
to the consequences «f this Illegal vote,
which decided the election of a Senator,
upon the validity of the drotiTOlseeif, they
will be determined by that Apgwt Body,
the Senate of the United Swm, before
which tribunal a proper inqnicp will ba
semblyVimMul of Wr. own dignity Vid
of ihe fight* of the Free mend
A FREEHOLDER,
> 4* **
TSOM THI FBBBMAir* JOVaWAU-
THE FRENCH PARTY. •
Evinr act of <he Frencjl government
towards the United Statss,'*whatever assy
have been |ts duplicity, its arrogance, ltd
atrocity* its infamy, hss always found apo.
logists and vindicators in the mass of the
leaders of the demyaratick party/ We
have shewn that the conduct of the fede
ralists, in relation to the aggressions of
Great-Britain, has been essentially and
radically different. The demotion, indeed,
of the. democratick leaders in America to
the interests of France, is one of the most
curious, though by no means one of the
most strange, of the political phenomena
of the present age. The facility with which
they have duped, for so long a time, the
great body of the honest men of their party
is much more strange. The Semfironii of
democracy have certainly display no lit
tle sagacity in all their operations. It is
more necessary to point this out, as it has
been too common with the federalists to af
fect to regard the democratick leaders as
men of talents. In the great and compre
hensive views of men and of events, which
peculiarly constitute the great and com*
prehenUve statesman, almost every one of
them, it is true, has appeared to be deplo*
Irably deficient. But there is a species of
knowledge, and one which the ancient sages
of Greece, and the Bacons and Lockes of
modern times, have pronounced of no in
considerable value, in which democracy
has been in some respects superiour to fed- I
eralism. The leaders of that party have
better known themselves, and men like
themselves, than their opponents. Effectu
ally have they known their own powers,
and effectually have they given them the
best direction to promote their purposes.
Effectually have they studied the passions
and prejudices of the-great majority of
men in common life, and effectually have
they and directed those passions
and prejudices. With strong native sense,
they discovered the very great extent and
power of the prejudices of the people
against England, and with apt dexterity, |
they turned aside every weapon which
truth and reason aimed at those prejudices.
The recollection of the times of revolution
is “ pleasant and mournful to the soul.” In
** the times that tried men's souls,” Eng
land was our enemy, and France was our
friend. England was regarded as a cruel
stepmother, driving her daughter Ameri
ca, like Hagar to the wilderness of Beer
sheba, to perish in gloom and wretched
ness, and France as an amiable and affec
-1 tionate sister who had followed her in her
retreat, fctj to share and to soothe her
sorrows, and to assist her in repelling per
secution, aud regaining hope. However er
roneous andYomantick these impressions,
and erroneous and romantick they certain
ly were, it is not to be expected that they
can be soon erased from the minds of ar
dent republicans. No matter what changes
the government, and even the people of
France, may have undergone; no matter
what tremehdous scenes of .borrour may
have been displayed in her borders; no
matter what inconsistencies she must have
shewn, or what atrocities she may have
perpetrated: still it was *.* sister France*’
that walked arm in arm wrtUasTthYough
the dark valley of 1
desolation, and thusWteftme entitled to our
eternal love and gratitude. 1
All this is very unreasonable, but it it
not unnatural. Nature and reason are not
always ttib same. We have many natural
feelings, find why not many natural senti
ments, the indulgence of which reason ha.
flexibly condemns. Some of the original
impressions of our nature operates as Sy
rens to lure us to destruction. To state this
momentous fact is not to censure Divine
Providence. The Almighty has made us
what we are, for inscrutable, but, no doubt,
for good and wise purposes. Why has the
mass of mankind been doomed to barbari
ty and slavery through so long a course of
ages ?It is not for us to say. Why are we
subjected to passions so strong, and to pre
judices so inflexible > In vain shall we at
tempt to decide. It is our duty to be hum-
Fenelon’t delightful region of Betica was
inhabited by innocence, aincerlty, obedience
and a horrour of vice. Its inhabitants learn*
ed wisdom only by the study of simple na
ture. Well may we regard this as une
belle fable, a delightful tale of the imagine*
lion, and well might such a people regard
our system of life as un tonge montlueux,
a herrid and distorted vision of the night.
But no such people ever existed, no not in
Eden. The inhabitants of Eden were dis
obedient, and soon ceased to be innocent
Yet there is still such as timftle nature. It
is not for as to discuss the question whether
our race are or are not originally depraved.
AU may be naturally depraved, but it is
not unmiagled with natural
This trait of human nature is well under
stood by friends of France. We feel
a passion of resentment against England,
which tenturhA of reflection would not
cool. We feel a passion of affectionate
gratitude to France, which ages of insult
and injury would not totally extiqguith.
I
Tht simplicity of our nature la oveVft
l*B HoucDce J>»aoioo*,
WWfc point wire succewfully im<
men of more artthan ability, and <|pre per
spicacity t*a» wisdoqy.
The democratick leaders, then, are ex
cellently calculated to preserve, for it was
not necessary for them Vo acquire, an as
cendancy, at once powerful and pernicious,
over the honest and unreflecting minds of
* vast portion of countrymen. This
work has been, in a great measure, pre
pared to their hands. The “ tide in the
affairs of men, which taken at the flood
leads on to fortune," has invited them, by
the alluring smoothness of its surface, and
the sweet musick of its murmurs, to em
bark upon its amp|p bosom, and expand
their sails to catch the wanton breetes of
popularity and power.
In SENATE. Friday, December 7.
The petition of Larkin Smith, Collector
of the port of Norfolk, praying for aa in
crease of compensation, has been referred
to Messrs. Giles, Lieb and Crawford. •
Th? bill to suspend the second section of
the act entitled “ An act regulating foreign
coins, add for other purposes,” was read a
second time, and committed to Messrs.
Smith, of Maryland, Crawford and Dana.
On motion of Mr. Giles,
Resolved, That so much of the Message
of the President* of the United States as
concerns the relates between the United
{states and France and Great-Britain, with
the accompanying documents, be referred
to a select committee, to examine and re
port thereon to the Senate, and that the
committee have leave*to report by bill or
otherwise.
Messrs. Giles, Crawford, Pope, Ander
son and Goodrich, were appointed a com
mittee accordingly.
Mr. Giles also offered the following reso
lution, the consideration of which was, on
motion, postponed to Monday next.
Resolved, That so much of the Message
of the President of the United States ea
relates to the occupation of that part of
West-Florida which is included within the
boundaries described by the treaty for the
acquisition of Louisiana, with the accom
panying documents, be referred to a select
committee with instructions to examine the
same, and report thereon to the Senate;
and that the committee have leave to re
port by bill, bills, or otherwise.
Resolved, That so much of the' Presi
dent's Message as relates to the Corps of
Engineers and Military Academy.be refer
red to a select committee to report by bill,
bills, or otherwise.
Messrs. Smith, of Maryland, Gilman,
Bradley, Pickering and Reed, were ap
pointed the committee.
The, petition (presented on Tuesday by
Mr. Giles) of the Stockholders of the Farm
ers’ Bank of Alexandria, praying for a
charter, was, on motion, referred to Messrs.
Giles, Leib, Goodrich, Crawford andCutts.
Adjourned to Monday.
HOUSE OF REPRESENTATIVES.
Thursday, December 6.
The House convened, this day at the
usual hour, and the Clerk proceeded to
finish the reading of the Documents.
After -the Docunadma were finished, «
motion was made for printing.—3ooo co
pies of the President’s Message, with the
accompanying Documents were ordered to
be printed.
Mr. Bacoq moved a resolution author
izing the members to frank the Message
and Documents. This resolution was also
carried.
Mr. Southard presented the proceedings
of the Legislature of New-Jersey, rela
tive to some proposed amendments to the
I Constitution. Laid on the table. g
Mr. Root made a motion (hat the House
go Into committee of the whole on the state
of the Union. This motion was negatived,
as the members appeared tube more anx
ious about their dinners'! thlb'tbey did
about the state of the
The following commiiSeea'wqsSiMb
pointed:
Rational legirtature.
Committee of I
ky. Clay,
Rensselaer and Ta- •**!
Committee of Root, |
Butler, R. Brown,
borough and Shaw. ‘
Committee of Commerce’Wuft Maaiufac
turci—Messrs. Newtow, Mkshilt» Cutts,
Pipkin, M’Kim, Seybert and Bibb.
Committee of Ways and Means—Messrs.
Eppes, W. Alston, Tallmadge, Montgome
ry, Bacon, Smilie and Johnson.
, Committee of Publick Lands—Messrs.
Morrow, Goodwyn, Ely, Boyd, Gold, Cobb
and M’Kee.
Committee of Revisal and Unfinished
Business—Messrs;. Southard, Jackson and
Witherspoon.
Committee for the District of Columbia
—Messrs. Van Horn, L. J. Alston, Weak
lty,G.Smith, LC. Chamberlin, Tiacy and
Breckenridge.
Committee of Accounts—Messrs. N. R.
Moore, Turner and Kenan.
Committee ef Post Offices and Post-
Roads.— Met vs. Rhea, (Ten.) Thompson,
On motion of Mr. Smith, of Maryland,
I at thu
died by
Desha, Troup, Calhoun, Mor.
tow, Davenport, Chitteiwlen, Key, White
oili, J. Smith, Potter, Wilson, Seayer, and ~
Hufty.
Friday, December 7.
On motion of Mr. Root, the House re* '
solved itself into a committee of the whole
on the state of the Union, Mr. Macon in
the chair.
Mr. Roof then moved the appointment
of several committees on the President’s
Message; but it being suggested that the
Documents bad not been hid on the tables
of the members, the committee rose with
out deciding on any thing in relation to the
Message. . ' <
Wr. Lewis presented the petition dfthe
Stockholders of the “Farmers’ Bank of
Alexandria,” praying for a charter; Much,
was referred to a committee on tb< Dis
trict of Columbia.
On motion of Mr. Macon,
Kesotved, That the Secretary of State *
be directed to lay before thia House a list
of the names of persons who have invented
any new or usefill arts, machine, manufac
ture or composition of matter, dr any im
provement fhereon, and to whom patents
have been issued for the same from that of
fice subsequent to the 23d of January, 1805,
with the dates and general objects of such
"patents. '•
Mr Fisk laid upon the table the follow
ing resolution:
Resolved, That the apportionment of
Representatives among the several States
according to the third enumeration of the
people ought to be in the ratio of one Re
presentative for every thousand per
sons in each State, and that a committee
be appointed to report thereon, by bill or
otherwise.
On the suggestion of Mr. Alston,' that"
the apportionment ought to be fixed, be
fore the census of each state was known,
and thus avoid a difficulty which would
arise in fixing on a ratio—
The House now took up the resolution,
which was agreed to, end a committee df ,
seven appointed accordingly.
After the presentation and reference of
some other petitions, amongst which were «
petitions from sundry sugar refiners, the
House adjourned to Monday.
BALTIMORE, December 7.
Sfieck of War in the Horizon.**
.1 he President's Message, is pronounced
by some, to be a milk and water firtHuc
tion i by others, it is called mild and dig
nified i and by a third of political
free-thinkers, it is considered a pusillani
mous back-sliding document, which veri
fies Bonaparte’s charge, that the “ United
States treads back her steps.”
The fact is, in this great appearance of -
moderation and impartiality, is wrapt up a ,
deadly poison to the tranquillity of those,
who foresee certain destruction hi a rap
ture with England, and a consequent alli
ance with France.
The forcible seizure of West-Florkla
has •• more meaning than meets the eye,”’
and may be attended with very awful con
sequences. For the publick information
we will give a history of the title of West-
Florida.
Frapce originally planted Louisiana,
which lay on both sides of the Mississippi.
By the treaty of peace of 1763, all the
country west of the Mississippi was ceded
to Spain, and all the territory eas\ of that
river was confirmed to Great-Britain.—
The last mentioned power erected the ter
ritory lying south of Georgia and of the
pissent Mississippi Territory into two pro
vinces, which she called East and West-
Floridg, and held them till by the treaty
of peace of 1783, they were ceded to Spain,
who thence forward retained them and
Louisiana, as three separate provinces, but
by the treaty of St. Ildefonso, on the. Ist
October, 1800, she ceded Louisiana to
France, with the following description
“The colony or province of Louisiana,
with the same extent that it now hat in
the hands < T f Spain, that it had when
France possessed it; and such as it should
Iba after the treaties entered into between
and other States.” This is thg title
Elba United Stases purchased from France
[«i4be 30th !M3».with the following
nCffiWg.' "“WBITiWI Owiiml nf I'ir Frewab
I Republick, AmMk to give the United
States a ■strong prduf ef his friendship, doth
hereby cede to the said United States, in
the name of the French Republick, for
ever and in full sovereignty, Me said terri
tory with all the rights and appertenances,
as fully and in the same manner they have
been acquired by the French Republick, in
virtue of the above mentioned treaty, [of
St. Ildefonso] concluded with his Catholick
Majesty.”
At the time France possessed Louisiana,
her title was said to extend to the Perdido,
to which Mr. Madison also claims; but
Spain never possessed Louisiana, as ex
tending into West-Florida, The meaning
therefore of the clkuse of the treaty of St.
Ildefonso is: Ist. “ With the same extent \
it now hat in the hands of Spain,” that is,
detached from West Florida altogether.
2d. “ That it had when France possessed
it,” which words must be confined in their
operation to the other boundaries of Loui-
2&p tljt flßailtf.