The constitutionalist — Exeter, N.H., 1810-07-09 00:00:00, page 2

al inherent right to investigate and
scrutinize it—and if on investigation
any of your public acts in their opin
ion are improper, they have a right to
demand of you an explanation of such
acts Or a justification of your conduct,
a am a plain unlettered man, not pos
sessing talents adequate to investigate
the conduct of public men and measures,
unless they are palpably injurious and
improper. But when officers of gov
ernment so far loose sight of the ob
ject (the good of the people) for which
they were appointed, as to disregard
their rights and interest and wantonly
sport with them, it then becomes the
duty of the sovereign people to exer
cise their power, and remedy future
evils. The particular official act of
which I shall take notice and of which
an explanation is expected, or more
properly requested, is a refusal on your
part to sanction the nomination of the
Hon. Oliver Peabody for Sheriff for
the County of Rockingham. The
conduct of the late Gov. Smith in nom
inating, and of two of his Council,
Messrs. Gilbert and Ellis, in concur
ring in the nomination of Mr. Peabody
for sheriff, does credit to the heads and
hearts of those gentlemen. What mo
tive induced you to oppose that nom
ination ? Did you reflect on the proba
ble consequences of suffering the Coun
ty of Rockingham to remain three or
four weeks without a Sheriff? Do you
or any other person accuse him of a
want of sufficient talents and integrity
to discharge the duties of that office ?
Do you pretend he has been guilty of
any breach of trust, duty or confidence?
What other than a base motive, could
have induced you to oppose a man in
every respect qualified to discharge the
duties of that office, and add to it dig
nity and respectability? Had the rea
sons assigned by the late Gov. no influ
ence on your minds to induce you to
appoint Mr. Peabody, after being so
highly recommended b, a person bet
ter qualified to judge of his merit and
good conduct than any other ? or were
you so destitute of intellect you could
not comprehend his communication?
If Mr. Peabody had not been generally
considered as good, or even the best
man in the county for that office, (as
you, friend Dame expressed yourself)
we should pass over your opposition
to him in silence. If I could conjec
ture any substantial reason why you
were opposed to his reappointment, I
would forgiveyou,knowingyour Weak
ness and imbecility, hut I think you had
no good reason, & I now challenge you,
or any other person to point out one sin
gle instance of his official misconduct.
I assert it with confidence, that no
Sheriff in the State of New-Hampshire
fever gave so general satisfaction. Even
slander with all her malignity, has nev
er been able to injure, or even tarnish
his reputation, private or official—And
1 presume to say, had the only enquiry
been, " Is he capable, is he honest, is
be friendly to the constitution of the
State and of the United States" he un
doubtedly would have been reappoint
ed. What apology then can you make
to your constituents for your conduct.
If your motives were correct, you cer.
tainl^ will justify them. It js no jus
tification for you to say you were in
fluenced by party spirit. When party
spirit is suffered to influence the minds
of the members of the Executive branch
of opr government, wh'at may we not
expect. The opposition to the reap
pointment of Mr. Peabody, is one of
many other signal instances of that
spirit of political intolerance, which
has long marked the conduct of too
many of our public officers. From
you 'squire Hall I expected nothing,
for you probably received your in
structions before you left Portsmouth.
But from the character given of you,
friend Dame, I had reason to expect
a degree of firmness and independence
in your official acts, but was disap
pointed. I really commisserate your
situation Friend, for you committed
yourself in declairing " Peabody as
good, or even the best man in the
County for Sheriff, and if left to your
self, should be in favour of his reap
pointment." I fear, sirs, you have
been sacrificed to the passions and pre
judices of others. The folly and du
plicity of your conduct will afford you
a profitable lesson for four hours of
future retirement. That people must
be callous to a sense of duty, to them
selves and their posterity, who choose
such men to rule over them.
It is of the greatest consequence
to select men to govern, who possess
sufficient talents and firmness, to dis
charge their duty With credit to them
selves and fidelity to the public, with
out suffering the baneful effect of party
spirit to influence their conduct. It
is likewise a reflection on every State,
to choose men to offices of great trust
and responsibility, who have no re
gard to their own reputations, or the
Fights of the people.
ROCKINGHAM.
A Mrs. Clayton, aged 126 years, and in
the enjoyment of good health, is living near
Fredericksburg in Virginia-
Each member of Congress, as a sol
emn introduction to the solemn duties
of his high station, is obliged to take
an oath to support the Constitution of
the United States. In addition, there
fore to those powerful motives to duty
which are ever operative upon an hon
orable mind, in every scene and situa
tion of life, the man who is called by
the people to perform a part of the
great task of legislation, must com
mence his work by calling God to
witness that he will at all times sup
port the constitution from which he
derives his power, in its trye spirit,
and all its parts. It will be said that
although the letter of this constitution
only authorises Congress to keep se
cret a portion of their " journals,"
yet the fair construction is that their
documents and debates should also re
main undivulged. This must be mere
matter of opinion. One will think the
spirit of the constitution is one thing,
another that it is something else. To
the writer it appears that the spirit of
the constitution is publicity, and that
the power to keep even the journal
is an anomaly in the system. With
him this important consideration de
rives new force .from the reflection,
that the secret proceedings to which he
is inclined to direct his first attention,
respected the exercise of powers pecu
liarly belonging to the House of Rep
resentatives, as guardians of the pub
lic treasure. Could it ever have
been contemplated by the people, dur
ing the formation of the constitution,
that laws should be passed with closed
doors, laws, too, which should impose
heavy contributions on the public
purse ? Laws which should drain the
treasury for objects which no mortal
could have had in view, at the time of
the organization of the government?
Laws calculated to abandon the high
character of the nation, as an indepen
dent republic, and to convert the peo
ple, not only against their will, but
without their knowledge, into humble
suppliants for favor and mercy at the
feet of a foreign power ?
Although the writer of these letters
has come to the conclusion in his own
mind, that he is under no obligation to
keep concealed, either the secret doc
uments upon which Congress has acted,
or the secret debates of that body, yet
various considerations seem to require,
previously to entering upon the deve-
Again, it will be said, that although
the letter of this part of the Constitu
tion may justify the course which is
now pursued, yet the letter of another
part of that instrument is conclusive
to the contrary. " Each House may
determine the rules of its proceed
ings," &c. It will be contended that
the House of Representatives having
established certain rules upon this 3
point, and having thus acted clearly
within the purview of its constutional
powers, the act in that case is valid and
binding, at all times and upon all per
sons. This objection has been antici
pated, and has already been met by the
obvious, and, it is humbly presumed,
unanswerable remark, that the rules of
the House are binding upon members
only, and upon them only while they
continue members. The rules are
made for the purpose of regulating de
bates arid decisions. They are in no,
sense lava's of the land. It is a rule,
that members shall address the Speaker
in a certain manner : it is another that
they shall speak in a decorous style,
and shall be silenced if they do not ;
it is another, that they shall speak but
a certain number of times upon a
;question ; it is another, that their votes
shall be collected, and the occasion
announced, in a particular fortn. These
arid every other "rule" that can be
mentioned, relate to the temporary
regulation of the proceedings of a
legislative body. So completely are
all these rules temporary in their na
ture and character, that each succes
sive House assembles without any rule
whatever, and the Clerk of the preced
ing House, himself officially defunct
as well as every other member of that
I House, calls for the votes of the mem
4V
lopement which must result from such
a determination, that certain objec
tions to this course of conduct should
be met and resisted.;
It is impossible that such can be the
spirit of our excellent frame of gov,
ernment. It is a spirit of liberty not
a spirit of despotism. It is a spirit of
rational limitation, not a spirit of in
definite extension. It is a spirit of
republican honor, not a spirit of na
tional degradation.
To the People of the United States.
LETTERS UPON FRENCH
INFLUENCE.
From the Freeman's Journal.
Without our special wonder;
Could such things be,
And overcome us, like a summer's cloud,
^isefflanp.
No. VI.
organize itself! The "rules," are to
precede the formation of " laws," and
to enable the two Houses to form them,
but have no binding force upon any
person without the walls of the Capi
tol, or beyond the time for which the
members who make them are elected.
The constitutional power to " punish
members for disorderly behaviour, and,
with the concurrence of two thirds, ex
pel a member," is connected with the
power, to determine " rules of pro
ceding." and this connection shews
clearly that it was not contemplated
that the rules should operate upon
persons other than members, or upon
members beyond the time for which
the House should be elected, which
should make such rules. The letter of
the constitution does not, therefore, en
able the House to do more, in this re
spect, than " determine the rules of its
proceedings," that is, the rules that
shall govern the House while it remains
a House, that shall govern its proceed
ings while it exists, and neither letter
nor spirit authorises the House to im
pose, by any such rple, an injunction
of secrecy upon dny individual what
ever, uportany subject whatever, be
yond the period of its own constitu
tional existence.
If these arguments be conclusive, as
to the writer they appear to be, there
is nothing on the score of duty that
can prevent him from making as full
a disclosure of concealed documents
and debates, as he may deem essential
to the great object he has in view. But
duty is one thing, policy another.
A certain sense of decorum and pro
priety, also, is always to be regarded.
All things that may be lawful may not
be expedient. The government mould
be treated with some respect, even
when it has ceased to respect itself.
However, as the point of duty has
been made clear, that of policy will
only be incidentally examined in the
progress of the main subject, to the
view of which the reader will be intro
duced without further delay.
The writer could never for one mo
ment entertain the idea; of violating his
oath to support the constitution of his
country. Sooner should his arms drop
from his shoulders, and his tongue be
come mute forever. But having giv
en to the Public the reasons which con
vince his own mind that he is not a
bout to be guilty of such a violation, he
must now act under the impression if
a sense of duty to the cause of Liberty
and National Independence, para
mount to all other considerations.
FROM THE TICKLER.
The True Patent Jacobinic Ladder.
Grateful whigs, in 1788, when
France claimed our independence as
the price of her services.
Shayites, in 1786, when by seditious
and inflammatory writings andspeeches,
insurrection against the constituted au
thorities, was openly preached by them,
and actually carried into practice, in the
state of Massachusetts.
Anti federalists, in 1788, when the
federal constitution (under which we
have prospered so much) was opposed
and denounced by them as 'the calm of
despotism,. ''a monarchy in disguise,
&c.'
Gefoet iries, in 1794, when they vio
lated our independence and neutrality,
lpr 'fitting out ships, commissioning
others, and enlisting men for Genet,
in the very face of our government and
laws.
Whiskey boys, in 1/94, when they
rose in arms against the mild and pru
dent administration of Washington
himself; when Madison's French par
tialities were well known, when 'Jef
ferson retired to avoid making a figure,'
and when ' these pretended patriots al
ready had their prices.'
' Citizens' and Sans Culottes, in
1795 and 1796, when French Jaco
binic societies were formed throughout
the United States to intimidate thegov
ernment: when they placed the French
cockades ori the standard of their mil
itia regiments: when the French cock
ade was publickly worn by them, and
when they declared that insurrection
was a holy thing, and the first duty of
a free people.
Rank insurgents, in 1798, when
they carried the holy doctrine of in
surrection into practice in the state of
Pennsylvania.
Republicans, in 1799, when they
threw off those names which had be
come so justly obnoxious ; but retain
ing the same principles under the sa
cred name of Republicans, advocated
the payment of a tribute and douceur
Although there may be some well
meaning people among the democrats,
yet a great proportion of them ascend
the ladder of jacobinism, by grades
something like the following—They
were
bers for a Speaker, because some step
must be taken, or the House can never
Timid whigs, in 1775,when danger
was near.
Furious whigs, in 1782, when dan
ger was over.
"No 92. Years 3. In the trial
of Carrier the Deputy, for commiting
cruelty in Lavendee, Turreau is accu
sed of having signed orders for murder
ing men, women and children ! In the
course of that trial several witnesses
deposed that general Turreau, after an
excursion in La Vendee, returned in
triumph to Rennes, and wore as tro
phies the ears and hearts of Chouans
pinned to his coat, and in the loop of
his hat!!!"
They are from the official Gazette
of France, and the year and number of
the paper are giro, that the extracts
to Talleyrand & Co. and sent a specie
envoy to negotiate for themselves a
treaty of submission and allegiance with
France, &c. &c. &c.
Jeffersonians, in 1800, when they
employed Duane, Callender, &c. to
advocate the cause of France, to scan
dalize the character of Washington,
Hamilton and their friends, and write
down the government, and elevate Jef
ferson the undeviating friend of France.
Terrorists, in 1801, 1802 and 1803,
when by a 6 political intolerance as
despotic as wicked,' most of the real
whigs of 1775, officers of the revolu
tionary army, and dear friends of
Washington, were hurled from their
offices and deprived of their bread and
living.
Monarchists, in 1804 and 1805,
when they openly rejoiced in the suc
cess of Bonapartein the destruction of
peaceable Republics, and furnished
him with 15,000,000 dollars to assist
him in his strides to universal monar
chy.
Embargoroons, in 1808, when non
intercourse and embargo laws were in
vented to make us weak and defence
less, that we might fall an easier prey
to the destroyer of mankind —And
they will be
Loyal French subjects, in 18 —,
when Bonaparte shall have crushed
Spain, 'and conquered the liberty of
the seas.' —Huzza for jacobinism !
SPUN OS US.
From the Federal Republican.
A COUPE GORGE.
It is surprising, that any man with
the common feelings, which belong to
human nature, should not loathe the
residence in the same city with such a
monster as our administration commune
with under the title of French minister
—a monster whose crimes are scarcely
equalled by his master's, which like a
desolating blast have swept every
living thing from whole districts,
and which reproach heaven in that
they remain so long unpunished. The
following extracts afford but a faint
sketch of the atrocious character of
that minister, who is placed at Wash
ington to dragoon the executive into
the views of a foreign tyrant, to realise
whose supremacy ever us so many
stratagems have been devised, though
none has yet completely succeeded.
To this walking pestilence in the shape
of a human being, our great men at
Washington ceremoniously pay their
court, make visits and give entertain
ments. It is even said, that a few of
the citizens of Baltimore, who would
not be thought the worst of their spe
cies, suffer him to enter their houses
as a visitor. If it be so, we should
blush for them. No blessing can en
ter, where he has been a guest. No
parent can be supposed to value his
children, who suffers them to be breath
ed upon by this living iniquity. But
we must cease least we exhaust language
of its loathsome terms and invention
of its most hateful images, without
producing an adequate idea of one, a
few of whose actions are depicted be
low. n
"No. 57. Years 4. In the Coun
cil of Five Hundred, on a debate which
took place whether, Turreau should
be tried by a Council of war or by the
Civil Law, Chapeloin, Deputy said,
Turreau has committal the most un
heard of crimes in La Vendee; by his
orders, even old men, women and chil
dren, were massacred !"
" Official, a Deputy, observed, that
entire parishes (municipalities) were
shot by his orders !
" No. 12, Years 3. Alquier, a Depu
ty produced an order signed by Gen
eral Turreau, addressed to General
Moulins, and sent to him by his Aide
de Camp Dodum, which runs thus.—
" General Moulins is to proceed
with his column to Montague, to disarm
its inhabitants & annihilate (egorger)
every soul without distinction age or
sex —In this sitting his accusation was
decreed."
"No. 11. Year 3. General Tur
reau was accused in the Convention by
Merlin of Thionville, that he in the
absence of the representative Carrier,
caused the inhabitants of several dis
tricts to be assembled, and then had'
them all shot to the number of twelve
thousand men, Woman 'and chil
dren !!!
' EXTRACTS
From the Moniteur, the French Gov
ernment paper.
In the present humiliated and cm
barrassed state of our public affairs,
many of the democratic papers are ear
nestly engaged in exhorting the fede
ralists to turn round and join in up
holding the men in office and thrff
measures. Notwithstanding their oft
en boasted majority—notwithstand
ing they often tell us that all the States
in the Union, save little Delaware and
Connecticut, have passed under the
yoke—they still seem to regard, as of
great importance, the support of those
characters which are generally found in
the federal ranks. In truth, they act
ually, in many instances, notwith„
standing their overwhelming majority,
ascribe more to the influence of the
federalists, to their speeches and writ
ings, than they do to the acts & power
of the administration supported as they
are by all the resources of the country.
To the federalists they ascribe the rais
ing of the embargo, the repeal of the
non intercourse, and the total failure
of all that system of commercial re
strictions which President Jefferson
had planned and put into operation,
supported by a larger majority in Con
gress than was ever before experienced
by any President of the U. S.; and as
to foreign nations, if we may believe
these democratic men, they always wait
to hear what the federalists have to
say, and according to their sentiments,
shape their politics, as regardless of the
government as of the barking of their
dogs. With this view of things before
us, it is certainly not surprizing that
the democrats, seeing the weakness of
our rulers, should desire, at the present
crisis, the whole federal party to join
in and support their tottering leaders.
Their head men are sinking in the quick
sands of their own folly, and as misery
loves company, they are now beckon
ing with both hands those whom ire
their prosperity, they insulted, abused,
derided anti persecuted, to come and
participate in their disgrace. And
what are the offers held out to tempt
federal men to this union ? Not the
good of the country, for that is des
troyed by the pursuits the democrats
are engaged io, which we are called
upon to uphold; not private advan
tage, for f.Te is not enough of this
commodity in the party to serve the
democrats themselves; nor can honor
or respectability be conferred by such
a union—for every federalist who
joins himself unto democracy, is uni
formly degraded by the change, and
sinks both in morals and politics at the
same time.
We are then called to join the dem
ocratic party at this day merely for the
may be verified by those who choose
10 do it and have the opportunity.
Fer acknowledging such a monster as
minister, have we not deserved the
confiscation of our property and the
enslaving of our seamen —have we not
provoked heaven by retaining him %
mong us ? Before we expect its fa
vour in the removal of our national
dangers and sufferings, ought we not
to cast the unclean from among us ?
Ought not Mr. Madison to send him
back again to that court, which is too
polluted to be further defiled by him ?
General Turreau.—The minister
of his Imperial Majesty has a seat near
the Emperour's capital of the United
States, the Imperial city of Baltimore.
As soon as his highness "heard^pf the
arrangement made by Mr. Erskine,
with our government, he left his coun
try seat in a great rage, and went
sweating and blowing to Washington,
to call our administration to an acount
in the name of his master. He wrote
a note to Secretary Smith, which, if
report speaks truth, was more insolent,
overbearing and irritating, than the
letter of the polite Duc de Cadore, to
our General at Paris. Mr. Secretary
did not ily into a violent passion, as ia
the case of Mr. Jackson. It was not
politic to shew resentment just at that
time. The government did not wish
to be rid of General Turreau, nor to
offend his master. Mr. Smith was
therefore instructed to have it hinted
to his highness, that he could not an
swer a fetter couched in such terms, it
was too harsh for a gentleman.—There
were probably some other hints given,
such as that the arrangement was a
sham and that it would not be ratified
by the British government. The gen
eral was so far appeased as to with
draw his letter, and write another,
more agreable to the feelings of our
manly administration. This letter was
answered and the intercourse continu
ed as usual. So much for an affront
from General Turreau. The reader is
well acquainted with the treatment Mr.
Jackson received far an insult which
has not yet been found. But here the
case was altered. General Turreau is
a Frenchman —Mr. Jackson is an En
glishman. [N. Y. E. Post.
It is safer for oneto steal a horse, than
for another to look over a hedge.
FROM THE TRENTON FEDERALIST.