United States oracle and Portsmouth advertiser — Portsmouth, N.H., 1802-03-20 00:00:00, page 1

COPY of the RESIGNATION.
' % Maj. Gera. M^rs, commanding the stb Divificn.
" Lieutenant Colonel Lincklaen, and
the officers belonging to his regiment,
whose names are hereunto underwrit
ten, having thought proper to fend in
their resignations, they request Major
General Myers to accept of the fame,
and to forward them to the command
er ingfiief, for his final acceptance.—
And whereas, the law has made it their
duty to Rate their reasons in writing for
so doing, they beg leave to offer :—
That the re-inflating of Benjamin Her
vey, as Lieutenant Colonel, and the re
moval of Jonathan Forman, Esq. from
the office of Brigadier General, has ex
cited in their breasts the most lively e
motions of indignation and regret :—
that under a mild and just administra
tion, they have been honored with the
confidence of the Government, and
have felt a pride in being among the ac
tive instruments of its support :—
that they have endeavored to acquit
r, mfelves of the high trust reposed in
them, with alacrity and fidelity :—that
notwithstanding the change of admin
istration, they have felt disposed long to
continue in the fame line of duty :—
But that when trivial irregularities
in the proceedings of a Court Mar
tial are thought of fufficicnt magni
tude to authorife the commander in
Chief to reverse a just sentence, and
without ordering a new trial, restore to
his former rank, an officer who has wil
fully and notoriously disobeyed the on
ders, and bid defiance to the commands
of his superiors ; when on the other
hand, a harmless arrangement, or at
most an undesigned error, is, without
the interference of a Court Martial, or
even without a single enquiry, made
the ground work of the removal of an
old, brave, and experienced officer, who
has fought the battles of his country,
and whose integrity and past services
place him far beyond the reach of dis
grace—when honor is thus made the
price of guilt, and degradation the re
ward of virtue ; and when they are
told of " the importance of a well regulat
ed militia, and that too much attention can
hardly be devoted to that ineflimable object ;"
tyilft military discipline is trampled
upon, and subordination is become the
foot-ball of derision ; that then it is
high time for those who are not totally
loft to all sense of dignity, to resign
commiflions which they cannot hold
any longer with henor to themselves,
nor with ufefulnefs to the community.
Cazenovia, Feb. 8, 1802.
J Lincklaen, Lieutenant Colonel.
Samuel S. Forman, ) .
James Green, \M ff
James Frizel, Adjutant.
Hendrick De Clercq, ^uarter-mqfler.
James Moore, Surgeon.
Peter Tyler,l
John G. Moyer, > Captains,
Joseph Yeau, J
Ira Alvoard,l
, &ha Farnham, 1 }„„,,
, Elihu Severance,
} David Hatchinfon,J
; David Smith,
Richard Button, Ire
Selathiel Jackson,
T Jedediah T. Turner,.
" SIX,
^l° N compliance with the aft for the
I organizing the Militia of this State,
I have forwarded to General Myers
my resignation as Lieutenant Colonel,
together with those of a number of of
ficers belonging to the regiment under
my command : ,But taking into consid
eration the precarious tenure of office
nt the prefect day, and doubtful wheth
er General A&ers will still command
the division, mien in due coutfe of con
veyance he will receive them, I have
been induced to inclofe you a copy
thereof, for your information.
With the homage of my high refpedts,
I have the honor to fubferibe myfelf,
Sir, your most humble and
Most obedient servant,
J. LINCKLAEN, Lieut. Col.
% % Excellency Geoige Clinton, Ef,7
Governor of the State of Nro-York." J
&,, of 4 better from Col. John Lincklaen,
to his Excellency the Governor, accompa
nying the refgnation of himfelj and a
number of Officers of his Regiment.
"CAZENOVIA, FEB. 9, lßcl
Os all the Dispositions and habits which lead to POLITICAL
'prosperity, RELIGION AND MORALITY are indispensabl .
supports. -WASHINGTON'S Legacy.
; of.XII.] SATURDAY, MARCH 20, 1802.
PORTSMOUTH, N.H. Printed and Published every
MISCELLANY.
REAL NOBILITY OF MIND.
AMERICAN INDEPENDENCE, TWENTY-SIXTH YEAR.
intteb ^tat^
Portsmouth
From the Gazette of the United Stated.
A correspondent a few days since,
informed us that the Aurora, in repub
lishing Mr. Morris's second speech in
the senate, had entirely omitted that
part in which Mr. Morris, with so
much delicate severity, convi&ed Mr.
Mason of an untruth refpe&ing the
judges of Virginia. We at firft doubt
ed the correftnefs, of the information,
for we could not believe that even the
Aurora would be so flagitious as to
garble and maim an argument to save
the feelings of its party, for the detec
tion of a want of veracity in one of its
champions. We however recurred to
the Aurora of Saturday the goth ult.
and found that the information of otir
correspondent was perfectly accurate.
It will be recollected, that Mr. Mason,
in his argument, said that the judges of
Virginia made no complaint when the
legislature of that state repealed their
judiciary law, and deprived the judges
of their offices. We following passage
in Mr. Morris's reply to this affertiori,
is wholly ommitted by the Aurora:
" I will not enquire into that fad, al
though I HAVE THE PROTEST OF THE
Judges now lying before me ; Judges
eminent for their talents, renowned for
their learning, refreshable for their vir
tue."
In one point of view, this does cred
it to the Aurora, as it manifefts so
much remaining refped for truth, as
to be unwilling that one of the leaders
of the party should be publickly known
to have violated it in a solemn debate
before the Senate of the United States.
Whether this will atone for the want'
of fidelity, as an organ of information
to the people, the public will judge. „,
From the AUGUSTA HERALD.
To ^PRESIDENT of the United States.
Q sir,
00 much has been written on the in
consistency of your conduct, that it is
unpleasant to add any thing more, but
your appointment of William Stephens
to the office of Diftri<ft Judge for the
Diftri& of Georgia, is such an indeli
cate procedure after your reply t'd the
New-Haven merchants, that I cannot
but enquire whether in the filling this
office, " time was taken, information
was fought, and such obtained as could
leave no room for dotibt of his fitnefs."
—Sir, until yoti return to that state of
things, when the Only qUeftion concern
ing a candidate Shall be, is he honest;
is he capable; is he faithful to the Con
stitution ? And while you are lessening
private distress by extending your cor
reriives to anti-revolutionary adhere
ence to our enemies, it is proper yoti,
Should in this manner be informed of
the public characters of men, that you
put in office, and their delinquency;
and anti-revolutionary adherence to
our enemies—This Mr. Stephens was
Chief Justice of the State of Georgia,
and Lieut. Colonel of the Chatham
County Militia, when he deserted to
the British army during the revolution
ary war, his name is recorded in the
aft of confifeation and banishment, and
in the amercement law of Georgiy
Do you mean Sir, to begin your career
with such men, can you expe& no cor
dial co-operation, but from men of this
character, have you loft all confidence
in the American Revolutionary citi
zens ?—When we look back to the
many veterans of the revolution, whom
you have removed from office, and of
fices too which they needed, and when
you make such appointments as this,
what are the citizens of America to ex
pert from such an administration ? Is
this what you call asserting some rights
in themajority also? You fay, " therights
of our fellow-c tizens to represent to
the public functionaries, their opinions
on proceedings interesting to them, is
unquestionably a constitutional right,
often ufeful, Sometimes necessary, and
will always be refperifully acknowledg
ed by me."
If you are kept in ignorance by your
advisers, surely you ought to be thank
ful for information given you, and not
only refpe&fully, but gratefully ac
knowledge the fafrnur^rind whatever
untimely attachments yotimay have
formed for foreigners, you ought to be
careful that they do not get too far in
to your confidence, it will be most pru
dent for you to expel from yottfr coun
cils both Britons and Genevans. A
merica must be ruled by her own sons;
Savannah, iBO2. A CITIZEN.
A petition WAI read and referred,
praying that Marietta, (on the Ohio)
may be established as A port of entry
and delivery.
A message, was received frbril the
President of the United States, enclos
ing, I. A return of ordinance, arms,
and military fibres belonging to the
United States. , 2. Returns of muskets
and bayonets fabricated at Harper's
Ferry arid Springfield, with the experi
tes thereof; and 3. Ari estimate of Ex
penditures rieceffary for fortifications
and barracks for 1802.
The President states kis opinion ' of
the propriety of establishing an addi
tional magazine in some point conven
ient for N. Carolina, S. Carolina; arid
Georgia.
Refolded, That the Secretary of the
Navy be directed to furni/h the House, ossith
copies of any documents in his office relative
to the object of the voyage or crenus of the
frigate Injurant and brigantine Pickering;
and also to state the time <when, and the
place from whence the, failed, together with
an, other information refpe&ing their loft,
•which it may be in his power to furnifb.
Wednesday, feb. 3.
IN SENATE, feb. 2, 1802.
A BILL was received from the
House for exonerating Samuel
Dexter frorii the ilhe of an action com
menced against him fdr the House in
which the War-Office was kept, which
was accidentally deftroy^d by fire.
[Mr. D. is to be fallowed fix dollars per
day for his expends awhile attending the
suit, and usual travelling charges.]
THURSDAY, rth. 4.
A bill was received from the Senate,
to repeal certain ads for the organiza
tion of the Courts of the United States,
and for other purposes.
[CTB, this bill those alls are to re
ceive their death-warrants on the if Jul,
next.*
• The bill being read twice, Mr. Bay
ard moved that it be referred to a fele&
committee, and Mr. Randolph that it
be referred to the Committee of the
whole. A debate ensued an the last
The question whether the bill to re
peal the JUDICIARY LAW of the
iaft session, fbould pals, was again de
bated. Messrs. Nicholas, Bradley; Ari
derfon, Breckenridge, Jaehfon, Wright;
and Cocke spoke in favor of the bill ;
which was opposed by Messrs. Ross,
Ogden, Morris, Daytori and White.
The argument continued until Half past
five in the evening, when the queftiori
was taken. The whole number of Sen
ators present was 31 —16 making A
vote. There Were for the bill 16—a
gainst it 15. , , . >;
For tbe JW-Meffrs.' Anderson, Baldwin,
Breckenridge, Bradley, Brown, Cocke, Ellery,
Th. Foster, Franklin, Jackson, Logan, S.T. Ma
son, Nicholas, Stone, Sumpter, Wright.,
Against it—MefTrs.CHIPMAN,CALHOUN,
DAYTON, D. FOSTER, HILLHOUSE,
HOWARD, J.MASON.MORRIS,OLCOTT,
bGDENROSS, SHEAFE, TRACY,WELLS,
and WHITE. ,
A difeuflion took place on the fub
je& of military land warrants ; and a
bill was ordered. Local and private
business as usual.
Mouse of representatives.
TUESDAY, FEB. i.
As the Aurora boasts of going into
the hands of many who read no other
paper, it is hoped that every federal
republican paper will notice this cir
cumstance, that the people may be able
to judge of the reliance to be placed
on information derived from Jacobin
papers. •
We cannot but make a general re
fleaion here upon the Striking focor
re&nefs of information laid before the
Senate byDemocratic get I- men How
happens it, that a man so well acquain
ted with the internal concerns of Virgi
nia, as Mr. Mason Certainly is, could
assert that the Judges of that state made
no complaint of the repeal of their ju
diciary law, when a gentleman from
NeW-York was able to produce the so-,
lemn protest of those judges against the
frepeal ? How happens it that the doc-
Ument No. 8, which was laid before
Congress by the President, and declar
ed in his MeiTage to be an exa& ftate
mentof the riumber of carifes, &c. Should
be proved, by Mr; Tracy, to abound in
essential errors.
CONGRESS.
0 — -
webNEßbAt, frEB. 3.
The motion of Mr. Giles, for repeal
ing the laws eftablifhirig the Mint, was
debated in committee of the whole,
Mr. Rutledge moved the reference of
the fubje& to a fele& committee, As
usual. —This motion was supported by
Messrs. Rutledge, Griswold, Dana,
Elmer, Mitchell, Bayard, ind Dennis :
rind opposed by Messrs. Bacon, 0.
Smith, Randolph, Giles, and Macon,—-
It was loft, Yeas 33. —-Nays 54. The
refoldtion was then agreed to, and re
ported to the House, when Mr. Rut
ledge reriewed his motion, which was
again loft. The House then concurr
ed, and a Bill was ordered.
The Speaker informed the House lie
had received a confidential Communica
tion from the President of the United
States—the reading whereof was post
poned until to-morrow.
MILITIA.,
A fripplenientary Militia Bill was
read twice, and made the order of the
day for Thursday.
TUESDAY, FEB. 9.
A corifideritial communication from
the President was read with elofed
doors. [lt relates, we understand, to In
dian affairs.] .
The 1802 Appropriation Bill was
difeuried iri committee of the whole,
Mr. Varnum in the chair, reported, a
greed td, and ordered for a third read
ihg'
The New-Orleans drawback bill
faffed —Ayes 45 —Nays 24.
WEDNESDAY, FEB. ±6.
Mr. Davis moved a resolution for a
Bill to abolish the Internal Taxes. —He
aligned as a reason, the delay of the
Committee of Ways arid Means on the
fdbje&, and the rieceffity of a speedy
decision. °
This motion Was opposed, as the
committee, having determined 'on the
abolition of the internal taxes, would
speedily report: and that of confe
qtience no time Would be gained by its
adoption. The motion was negatived
—Yeas 40-^Nays 57.
A bill making certdiri partial ap
propriations for 1802, palled ; as did
also a bill refpe&ing the colieriion of
certain fees in the territory of Colum
bia. —
THURSDAY, FFB. tt,
The House took up the amendments
of the Senate on the bill for the relief
of Samuel Dexter, which instead of al
lowing him fix dollars per day, au
thorize the Secretary of the Treasury
to advance him. §OO dols. he to account.
Committed for tomorrow.
The Direct Tax amendment bill was
taken up and discussed.
FRIDAY, fE*6 11.
The Dired Tdx amendment Bill passed.
'CITY bl WASHINGTON.
A report on The President's message,
on the fubjed of the city of Washing
ton, was received :—lt concludes with
proposing resolutions, for reducing the
Board of Cmmifontrs from Three W
motion which was Supported by Messrs.
Randolph, Giles, Millege, Smilie, and
S. Smith ; and opposed by fyleifrs.Bay
ard, Rutlege, Grifvckk rind Dana.
Mr. Randolphs motion of course, ob
tained —ayes 54. Made the order of
the day .or Monday, the 15th inrt.
The Speaker communicated A letter
from the Secretary of the Navy, criclof
in^^pies of the failing orders given
th commanders £ the ' ri b ate infur,
f nt, and bnean'ine Pickering. The
Secretary dates, that nd information
has been received of the fate of these
vessels, from which it is inferred that
they were loft in an equinoctial gale.
FRIDAT, FEB. J.
Mr. Perkins, on account of sickness
in his family, had leave of absence for
the remainder of the fellion.
An Appropriation Bill for 1802, was
read twice and referred.
A motion was laid on the table for
a Committee to enquire into the pro
priety of providing by law for securing
to the United States the property of
public officers indebted to them, and
for the eventual release of such persons
from irriprifonmerit.
The New-Orleans drawback bill pair
ed to be engrossed..
On motion Os Mr; Giles; the com
hiittee on The Brefiderit's message ref
peding debts due by the city of Wash
ington to Maryland was intruded to
inquire into the expediency of difcori
tinuing the offices Os the Commission
ers of said city ; arid report thereon.
MONDAY. FEB. 8.
THE MINT.
PRICE I DOLLAR 50 CENTS Per Imum. [No. 25.
Saturday Morning; by WILLIAM TREADWELL, & CR
'^ADVERTISEMENTS reasonably ^conspicuous, inserted —COMMU
, NICATIONS duly attended to—and ever, FAVOR THANKFULLY
ACKNOWLEDGED...
FEDERAL GOVERNMENT, FOURTEENTH YEAR.
®K«€ie ana
Advertiser.
Mr. Thomas in Committee of the
Whole, called up his motion, for a
committee to inquire into the expedi
ency of extinguishing the claims of the
United States, for certain balances,
which by the commissioners appinted to
fettle the accounts between the United
States and individual States, were re
ported to be due from several of the
States to the United States, and to re
port thereon. <
Mr, TillinghaSi moved to add, " and
certain balances reported to, he due from the
United States to individual States." This
Amendment was loft, Mr. Griiwold ob
serving; these Were no such balances , in
exigence ; they having all been extin
guished by beirig paid.
Mr. S. Smith in order to bring the
main question before the committee,
moved,that the resolution be so amende
ed as to read, "Resolved, that it, it expe
dient 'to extinguish the claims, i^c. This
Amendment Was advocated by Messrs.
Smilie, Hill, Holland, R. Williams,
T. Morris; Macori, S. Smith, And Bay
ard; and opposed by Messrs. Lowndes,
Rutledge, Dana, Dennis, Bacon, and
Griswold—arid loft, 46 to 4.1. The
original resolution was then agreed to,
Ayes 54 ; and a committee of five ap
pointed;
MONDAY, FEO. If.
, A petition from Philadelphia, pray
ing the repeal of the Judiciary Law,
was read, and referred.
The Amendments to the Conftitu
tiori of the United States, in relation to
the elation of President; &c. as agreed
to by the Legislature e' New-York,
were presented by Mr. Wiker.
A memorial from certain merchants
of Alexandria, prayirig indemnification
for French fpoiiations, was presented
and referred.
Judiciary Bill.
The order of the day, on the Judi
ciary Bill from the Senate, was moved
by Mr. Davis.
Mr. Bayard moved the postponement
01 its consideration to this day three
Weeks. He observed, that no injurious
consequences could arise from the pose
poriement ; as the bill does not go to
abolish the Courts until July ; and on
a fubje& of such vift moment, it were
proper to obtain the opinion of the
people. There was much business, he
observed, of importance, to engage the
attention of the house until that time.
On this rilotion an interesting debate
of length arose, in which Messrs. Bay
ard, Rutledge; Griswold, Dennis,
Hemphill, Goddard, Huger, T. Mor
ris and Dana supported the motion ;
and Messrs. Giles; Davis, R. Williams,
Smilie, Euftis, S. Smith, and Holland,
bppofed it.
When the question was taken by Yeas
and Nays, as follow :—
YEAS Messrs. Bayard, Boude, Cut
ler, Dana,Davenport, Dennis, Foster, God^
dard, Griswold) Grove, Hastings, Hemphill,
Henderson, Hill, Huger, Lowndes, Mat
toon, L. R. Morris, T. Morris, Pierce,
Platers Read, Ratledge, Shepard, J. C.
Smith, Stanley, Tallmage, Tenney, Til
linghaft, Upham, Rensselaer, Wadsworth,
Walker, L. Williams, Woods —35.
NAYS.— Messrs. Alflon, Archer, Ba
con, Bailey, Bifoop, Brent, Bro^wn, But
ler, Cabell, Claiborne, Clay, Clopton, Con
dit, Cutts, Davis, Davefort, Dickson, El
mendorf, Elmer, Etfis, Fowler, Giles,
Grey, Gregg, Hamm, D. Heifer, %
Heifler, Helms, Hoge, Holland, Holmes,
Jackin, Johnfin, Jones, Leib, Milledge,
Mitchill, Moore, Mott, NeW, Nekton,
Nicbolfai, Randolph, Smilie, L Smith, J-
Smith of N. T; % Smith, of Virg. Jos.
Smith, S. Smith Southard, Stanford,
Stanton, Taliaferro, Thomas, Thompson,
A. Trigg, % Trigg, Far .Cortlandt,
Farnum, Van Horne, R. Williams —6r.
Mr. Dennis then moved the poftpon
ment for aweek—which was also nega
tived 58 to 34. . *
After a motion for adjournment wa^|
made and negitived ; a motion of Mr.,
Giles, to go into committee, on rhe bill,l
was agreed to=Mr. John & Smith
the chair.|
One ; providing for the Settlement of
the accounts of the Commiflion ; and
for the repayment of loans made of
Maryland,in such Way as the President
Shall judge most conducive to the pub
lic interest. Referred fa Monday next.
Richard Sprigg, a Member of the
House, resigned Iris feat. The Speak
er was reqriefted to acquaint the Ex
ecutive of Maryland thereof.
STATE BALANCES.