The constitutionalist — Exeter, N.H., 1810-06-18 00:00:00, page 2

sir, who talk so much about republi
can liberty, and a republican govern
ment, willing to make the judiciary
dependent ? Indeed, I have watched
pendent judiciary, is one of the main
pillars which support the existence of
our government. Pull this down :
and all our laws and institutions will
decline rapidly. Our liberty will hare
flown to another planet. If Mr. Jeff
erson was foolish and unprincipled
t do not suppose, sir, that I can by
a long train of laboured investigation,
persuade you to do yourduty. No—
I am too well acquainted with the hu
man heart, to believe that any thing
more than a direct appeal to it, is, in
ordinary cases, necessary. It may be
true, that you (for I have met with
many sensible men who could see no
ground for concern) are not acquaint-
who assisted in writing that masterly
Treatise, the Federalist, are well con
vinced that an innovation here, would
be dangerous and fatal to the liberties
of our country. .
Well, sir, do you not know, that
the jacobins wish to make the judiciary
dependent, that some of your party
belong to that sect, and that your
name is made use of to countenance
their project ? Open your eyes upon
the witchcraft schemes, which are
planning against the government.—
Overcome that weakness and timidity,
which unfit you for acting with wisdom
and energy ; and render you a dupe
to the artifice of those wicked politi
cians who surround you.
[to be continued.]
ed with the deep and dangerous influ
ence which the French politicks have
had among us; but, I am very much
inclined to doubt it; and to believe
with a good deal of concern, the prog
ress of publick sentiment on this sub
ject. One would think, it did not re
quire but a small share of political
sagacity, to understand that an inde-
enough, to wish to make the judges de
pendent: it is to be hoped, that you
that it is mere weakness and want of
energy, which has made you connive
at the proceedings of the French
faction.
N. Hampshire Legislature..
Uis Excellency John Langdon, Governor.
COUNCILLORS.
Hon. Elijah Hall, Rockingham.
Richard Dame, Strafford.
Jedidiah K. Smith, Hillsborough.
Caleb Ellis, Cheshire.
Benjamin J. Gilbert, Craft. & Coos.
Samuel Sparhawk, Esq. Secretary of State.
Nathaniel Gilman, Esq. Treasurer.
Deputy Secretary.
SENATORS
Hon. Josiah Bartlett, District No. 1.
William Plumer, 2.
William Adams, ------- 3.
Josiah Sanborn, 4.
Beard Plumer, - 5.
Santel Quarles, 6.
William Fisk, ------- 7.
Joshua Darling, ------- 8.
Lockhart Willard, 9.
Roger Vose, -------- 10.
John Fairfield, ------- 11.
Moore Russell, ------- 12.
—CT
Hon. William Plumer, President of the Senath.
Henry B. Chase, Esq. Clerk.
Peter C. Farnum, Esq. Assistant Clerk.
Hon. Charles Cutts; Speaker of the 11. of Rep.
Moses L. Neal, Esq. Clerk.
Nathaniel Weare, Esq. Assistant Clerk.
The whole number of votes for governor,
were 31,575.
His Excellency Jeremiah Smith, had 15,166
Hon. John Langdon 16,325
Scattering, 84
15,788 being necessary for a choice and the
Hon. John Langdon having 16,325 iselected.
Governor's Speech.
Gentlemen of the Senate, and
Gentlemen of the
House of Representatives,
MY fellow-citizens have again
thought proper to call me to the Chief
Magistracy of the State, for the pres
ent year. Thisrepeated and particular
mark of their respect and confidence,
demands my grateful acknowledge
ments. I have thought it my duty to
accept the call of my country, though
I shall now, as 1 always have, ap
proach the office of Chief Magistrate,
with great diffidence, feeling the want
of sufficient talents, to do honor to
that important station. However,
Such abilities as I am possessed of,
shall be faithfully employed to sup
port the independence and true inter
est of our Republican Government.
Gentlemen, y^ ^U permit me
Diost sincerely to congratulate you,
and my country in general, on the suc
cess of our National Government,
whose wisdom and firmness, amidst
the convulsions of Contending nations,
and party spirit, have, under the di
rection of Divine Providence, hitherto
preserved the peace and independence
Have you not seen those very men,
The encouragement of our own
Manufactures, must be considered of
great importance, and every reasona
ble measure should be taken to pro
mote this desirable purpose.—Should
the Legislature think proper to appro
priate a small sum of money for the
encouragement of introducing and in
creasing the breed of Merino Sheep,
whose fleeces arc much greater than
those of our common sheep, and of
double the value, it would be of great
advantage to the community.
The Constitution of the State con
templates that justice should be admin
istered to its citizens promptly and
without delay.—The present mode of
transacting business in the law courts,
appears to me to have a tendency greatly
to procrastinate and load it with intol
erable expences. I therefore think
that, at a convenient season, there
should be a revision of the Judiciary
System. TW discretionary power of
Judges to set aside the verdicts of Ju
ries, appears to me never should be per
mitted, except upon very extraordina
ry occasions, and whenever it shall take
place, the reasons for so doing should
be stated at large in the records of the
court, that they may be publicly
known.
I think it worthy the attention of
the Legislature, that directions should
be given for the better security of the
State and County Records from fire.
The state of the Treasury will be
laid before you, for your consideration.
Should the honourable Legislature
be able to complete the public business
of the year, at the present session, it
would be a great saving to the State.
I shall with great pleasure, Gentle
men, concur with you in all Acts and
Resolves, that may be thought condu.
Give to the general welfare.
JOHN LANGDON.
Thursday, June 7th.
Committees were raised to take into
consideration the laws of this State
relative to the jurisdiction of justices
of the peace in criminal causes ; rela
tive to the destruction of Salmon,
Shad and Alewivesin Merrimack river ;
relative to scale-beams, steelyards,
weights and measures: and relative to
taking the inventories.
.Friday; June Bth.
Commit tees -were raised to take into
consideration the petition of Samuel
Cummings and others, praying for the
incorporation of a company for manu
facturing Cotton, Linen and Woollen
yarn and, Cloth. Relative to the
Statutes of this State for laying out,
of the United States. Surely it is our
highest duty, as a people, so greatly
favored, to praise the Lord for his
goodness, and for his wonderful works
to the children of men.
It is much to be lamented, that the
difference in political sentiment among
our citizens,should be carried so far as
to produce a most violent opposition
to our general government, distract the
public mind, and greatly disturb the
peace and tranquillity of the State.
It is painful to hear some men
among us eulogizing foreign nations,
who are greatly inimical to us, and at
the same time calumniating our own
most excellent government. Permit
me to ask you, gentlemen, at this im
portant crisis of our public affairs,
whether it is not highly incumbent
upon us all, as the Representatives of
a free people, to unite our hearts and
endeavors to promote the general wel
fare, and harmonize the public opinion,
at the same time, imploring the Divine
blessing upon our exertions.
Gentlemen, you are convened at a
most interesting moment of our public
concerns, to deliberate and decide on
the important matters of the State;
and coming as you do, from the differ
ent towns and districts of the same,
you must be the best acquainted with
the wants and wishes of our fellow
citizens. I sincerely hope and expect
that your patriotism and unanimity
will be called forth in passing such
wholesome laws, and taking such
measures as will contribute to the wel
fare and happiness of the State.
Whatever of the public business
that may have remained unfinished at
the last session, with the general pru
dential affairs of the State, will claim
your attention. The time of one of
our Senators in Congress will expire
the fourth of March next ; of course,
another must be chosen the present
year.
The failure of several of the Banks
in this State, has been a great injury
to the public, and put it in the power
of a swarm of speculators to plunder
the citizens in a most bare-faced and
shameful manner. Every measure, ,
therefore, in our power, should be
taken, to prevent such evils in future.
By the great exertions of the Gener
als and other Officers, the Militia of
the State are as well organized and
trained as could beexpected ; yet every
further attention and encouragement
should be given by the Legislature, to
this body of our citizen soldiers, who
are our natural defence.
We should prize more highly the
checks and balances of our own gov
ernment, were we to reflect on the ca
lamities and miseries of Greece which
arose from their ignorance of them.
" The only balance attempted against
the ancient kings was a body of nobles ;
and the consequences were perpetual
altercations of rebellion and tyranny,
and butcheries of thousands upon ever
'I
The scientific Editor of the New-
Hampshire Patriot, alleges, " that the
Democracies or Republics of ancient
Greece and Rome were the most per
fect governments ever known."
'' What if some Patriot boasting public
good,
Heaven,•
In thy great day of vengeance ! Blast the
traitor,
And his pernicious counsels"
A simple Democracy, where the peo
ple possess and exercise the supreme
power, never did and probably never
will exist. Should we imagine every
individual of a nation assembled togeth
er (for there can be no representation
in a simple democracy) and in their
collective capacity enacting laws and
making general provisions for their
welfare, we would then have an idea of
a simple democracy. Should this
grand body elect their officers, the gov
ernment would then in some degree,
partake of the nature of an aristocra
cy. Should they vest one person with
the sovereign power, it would then be
a Monarchy. A republican govern
ment is where the sovereign power is
originally lodged in the hands of the
people, but exercised only by their re
presentatives. The assertion therefore,
that a Republican and a Democrat,
are synonymous terms and mean the
same thing, has its origin in the va
cuity or obliquity of an uncultivated
intellect.
Representations, instead of collec
tions of the people—a total separation
of the executive from the legislative
power, and of the judicial from both,
and an equilibrium between these three
grand departments, are improvements
and discoveries in the science of gov
ernment, of which the ancients were
ignorant, or had a very confused and
imperfect knowledge.
making and repairing highways; rela
tive to Printers accounts ; bankingin
stitutions: tbe military establishments;
to our own manufactures ; to the se
curity of our State and County Records
from fire ; to the judicial establish
ment : and to know whether ' Philip
Carrigain has completed the map of
this State according to contract.
Saturday, June 9th.
Committees were appointed to take
into consideration the Laws of this
State empowering Constables to serve
precepts and relative to theappointment
and duties of Sheriffs; relative to the
laws of this State regulating licensed
Houses: relative to papers : relative
to the fee bill: relative to the expe
diency of building a state's prison : rel
ative to the expediency of raising a
tax the present year.
Monday, June 11th.
Much private business occupied the
attention of the House.
The answer of the House to the
Governor's Speech was reported by
the Committee and the consideration
of the same was postponed until ten
o'clock Tuesday morning.
Tuesday, June 12th.
The answer of the House was again
taken into consideration : and it
passed the House Yeas 91. Nays 80 :
one Federal member absent.
Curse on the innovating hand attempts it!
Remember him, the Villain, Righteous
N. Carolina. RALEIGH, may 20, 1810.
We have authority for saying, thata
Member of Congress of this State,
waited on the President of the United
States, and in the course of conversa
tion inquired of him, whether , the
" private letter" said to have been
sent by Mr. Pinckney to Mr. Smith
[and which the mean and degraded
tools of the ministerial party scattered
over every part of New-England to
effect the late ephemeral elections]
was such as had been reported; par
ticularly whether the Marquis Well
esley, had made the admission re
specting Mr. Jackson, which had
been stated ; —when President Madi
son declared, “ that HE did not con
sider Mr. Pinck^'s letter as making
any such statement." Mark this
reader ! And mark also, that Smith,
the retailer of the electioneering false
hood, has not dared to publish Mr.
Pinckney's letter, which was stated to
have contained the admission!! Well
may the moralist exclaim 0 ! the times!
0 ! the manners!
Should vary the old Form—new mould the
State ?
COMMUNICATION.
For the Constitutionalist.
>p the saite
ry revolution from one to the other.
When the kings were abolished, the
aristocracies tyrannized; and then no
balance was attempted but between
aristocracy and democracy." This,
unhappily, was no balance at all, and
consequently the pendulum was ever
on the swing. The governments of
the petty states of Greece were origi
nally monarchical. But in process of
time some assumed the form of demo
cratical, others of aristocratical repub
lics ; of which, Lacedaemon and Athens
are the most celebrated. They were
the gardens of literature—there the
arts and sciences were advanced al
most to the acme of their excellence.
Lacedaemon had her kings, her Ephori
and senate, and her popular assemblies.
She had the three different and essen
tial branches of government, but she
had no balance between them. Athens
possessed in her bosom her beloved
Solon, who established fourseveral or
ders ; an assembly of the Archons, of
the people, of the four hundred and
the Areopagus. But he attempted to
balance one by another, instead of
forming his balance out of three
branches. The consequence of this
want of an equilibrium was, that the
alternate triumph of one power over
the other, continual factions, massacres
of their best citizens, and luxury, the
destroying angel of liberty, all contri
buted to pave the way for their easy
conquest by Philip of Macedon.—
Rome, the conqueror of Greece, and
once the Mistress of the world, exhib
ited a form of government, the excel
lency of which far surpassed any ever
previously known. True it is, She
had the three necessary orders of gov
ernment, the consuls, the senate and
the popular assemblies. But her con
suls, or the executive, had not a nega
tive upon the other branches, nor was
there any permanent balance of power
between the latter. A government like
this, must in its nature, be very limit
ed in its duration. The mighty con
tests between the Patricians and the
Plebeians were sources of continual
confusion and disorder, and perpetual
intestine commotions and revolutions.
Her government was too feeble to
check the exorbitant power of tbe no
bles, to stem the torrent of faction, or
to curb the mad career and infuriated
zeal of the popular assemblies. When
the public manners became corrupt,
and the faculties of the human mind en
ervated by luxury, it was an easy
thing for Caesar to grasp the liberties
of Rome, and thus put an end to the
conflicts of parties.
The government of Great Britian
approximates much nearer to perfec
tion than those of the ancient republics.
That of the United States is an im
provement upon all others, a compo
sition of the freest principles of the
English constitution. It is founded on
the eternal and immutable laws of na
tural justice, and has for its object the,
happiness of the people. It is, per
haps, as far from being a simple de
mocracy as a despotism. On the one
hand, it combines the firmness and en
ergy of a monarchy, on the other, the
wisdom and stability of an aristocracy
without the imperfections of either.
Yet there are those lurking in the bo
som of our country, who profess to be
firm votaries of democracy, and who
would fain hurl their poisonous shafts
of resentment at the very vitals of our
constitution: But for the honour of
the American press, we would hope,
that there is not more than one editor
in the union who asserts, that the de
mocracies or republics of ancient
Greece and Rome were governments
more perfect than that of the United
States. " Let the citizens of this^e
public look to the causes which pro
duced the downfal of ancient repub
lics, and learn that their danger is to be
apprehended from the machinations of
those who profess to be" democrats,
and whofalsely style themselves repub
licans, " whose practice is" democ
racy. The moonish deity of the jack
obins is surrounded with a star-numer
ous host of worshipers ; and unless
Wisdom can assemble a greater and
" brighter constellation," that shall
illume with piercing coruscations,
there are reasons for the apprehension l
that a long and fearful night of democ
racy will ensue, in which we may mope
out our lives without sufferance to
speak of the radiantand cheering beams
of the "Sun of Federalism." She
must " put forth her voice in the
streets —in the chief places of con
course —in the top of high-places —
at the entry of the city —at the com
ing in at the doors."
PHILO ARETE.
In Maryland, a man by the name of
Frog,christened a sonof his after Mr.
Bull, for whom he entertained a strong
partiality ; the absurdity of this attempt
to snatch a sprig from the chaplet of
great names, did not appear till too
late to escape ridicule —the childs name
was strictly Bull Frog, and recourse
.was had to the legislature of that state
to correct the blunder.
tempt our neutral rights ; he did not
mention that the emperor has burnt,
sunk and destroyed' our ships, mere!,)
to gratify his innate* rapacity ; he did
not mention that his Christian friend
has seized and sold, in defiance of alt
law, all our property within his con
trol and filled his coffers with the pro
ceeds ; he did not mention that the
despot has deprived our free born ' citi
zens of their liberty and treated them
with inhuman barbarity; and that the
adniinistration he would eulogize has
viewed all these outrageous acts with
the most astonishing insensibility.
There was great difficulty in the
choice of Secretary. They were oblig
ed to ballot five times before a choice
could be made: In the first attempt,
Nathaniel Parker, Esq. had 90, Philip
Carrigain, Esq. 65, and Mr. Samuel
Sparhawk, 25 votes. Mr. Parker
wanted tut one vote to have given hint
the majority—unfortunately one feder
al member was, absent —had he been
present, Mr. R would undoubtedly
have been re-elected. ^;
There have been great " squalls” in
this town respecting the office of Sher
iff. Before the governor was sworn
into office, no less than forty candi
dates for the office were on the spot,
each one making all possible influence
for his own promotion. In this
state a greater number of office-seekers
never before assembled. Every grade
from Generals to Deputy Sheriffs had
"full expectation of the appointment.—-
The poor old governor was constantly
harassed with the self-recommenda
tions of the various candidates, when
to their great mortification and chagrin
Josiah Butler, Esq. of Deerfield, who
was not supposed by the office-seekers
to be a candidate, received the appoint
ment. After the nomination of Mr.
Butler, many unsuccessful attempts
were made by the other candidates to
prevent his appointment, and to induce
him to relinquish his pretentions to the
office.
Ilis Hon. Judge Evans, has been in
Concord a few days, and with all the
simplicity of a pare republican, has
been dictating the course that his party
must pursue. 'Some of his party think
this dictatorial stile savours of aristoc
racy and have almost broken friend
ship witb the judge.
The attempt of Mr. Plummer to re
duce the fee bill, has excited great
amusement with those who knew the
The following is an extract of a Let
ter, dated Concord, June 13, 1810.
Yesterday the Committee from the
House reported an answer to the Gov
ernor's Speech, which excited consid
erable attention. That part of the
answer which commended the dignified
and spirited conduct of the National
government, was opposed by the fed
eralists who could not conscientiously
give their votes to applaud measures,
the ruinous effects of which, have been,
and probably will be felt for years.
The Hon. John T. Gilman, gave his
reasons for voting against that objec
tionable part of the answer, with a
spirit of moderation and candour; he
compared the present administration
with that of Washington, and exhibit
ed the weak pusillanimous conduct of
the present administration.
incorrect h?:orical narative of the cor
respondence between our government
and Mr. Jackson, which had no more
connection with the answer of the
House, than a dissertation on the phy-
Ibsophy of the Tides. He observed
with dry eyed pathos, that he would
not mention the murder cf Peirce ; he
would not mention the affair of the
Chesapeake; he would not mention!
the treachery of Mr. Jackson.—The
meek and lowly parson did not men
tion that his christian friend Napole
on has violated the most solemn treaty
with this country and treated with con-
There appeared in favour of the an
swer four democratic clergymen, with
D. L. Morrill, of Goffstown, at their
head. Parson Morrill's Speech had the
same soporific qualities that he has al
ways infused into his sermons, and
nothing but want of time prevented
the members from enjoying those re
freshing slumbers with which his par
ishioners werc'so peculiarly blessed.
she pith of Morrill's Speech, was an
We are informed that the Demo
cratic Junto at Concord, have agreed
to support J. K. Smith, for Senator to
Congress, in the place of the Hon.
Nicholas Gilman. The enormous
charge alledged against Mr. Gilman,
is, that he has not in every instance
aided in the accomplishment of their
base schemes; but in defiance of the
Jauto, has had theJirmness, independ
ence and integrity to oppose their
measures, when he felt conscious they
would ruin the country. On this
conduct of the dear friends of the
people we shall at present make no
comment.
EXETER,
MONDAY, JUNE 18, 1810.
p^^^d