Republican ledger, and Portsmouth price current — Portsmouth, N.H., 1802-03-30 00:00:00, page 2

Oneftions of this nature, fir, are not to be deter
mined by mere popular acclamation, by a flood
of metaphors, nor yet by the less attractive lorce
of approbious terms. It is ardently to be defied
that nothing of this kind may ever be fuffered to
tarmfh the deliberations of this house. The fub
jett before us is such as merits the molt impartial,
candid, firm, and liberal attention. And such,
I hope, it will receive. Admitting that the la„v
in question was puffed “ in a guit of palliof—
“ and at a midnight hour"—and even with views
hollile to the equal rights of a free people, dill it
ought to be met, if met at all, on principles di
rectly the reverse ofall these. Otherwise the rem
dy applied, may prove to be intin tely worse than
the disorder of which we complain.
It ought, I think, to be agreed by all, that the
judges both of the fapreme, and of “ such inferior
courts as congress may from time to time ordain,
and eltiblifh,"/^/ hold their offices during good
behaviour ; because this is expressly provided for_
in the cGiiltitution. But, fir, I conceive, that to
abolish an office, and to remove an officer from an
office while that office exihs, are, in the meaning
of the constitution, as well as in common speech,
diftiuft acts ; however one of those alls may al
fect the other. To jollify a dillinftion of this
kind, I need only to refer agaip to the act pro
posed co be repealed. Is that an act lor remov
ing from office a number of judges, who by the
constitution, are entitled to hold their office dur
"'" good behaviour ? If it is t will agree with gen
tlemen on the other fide, that it is an unconflitu
tional act ; and 1 shall expect, that lor this rea
fcn alone, if there was uo other, they will agree,
with me, that it ought to be repealed. Anti not
only so, but that it is the indifpenjible duty of the
iegdlnitre to repeal it, and to restore those courts
which have been thus wantonly abolished, together
with the judges who have been thus unconflitu
tionail, removed from office. But even 'without
the aid of the act in question. I believe the dis
tinction between removing an officer and abolilh
ing an office, will be found to be a real and ob
vions one.
Congress are undoubtedly veiled with conftitu
lional power to repeal the act for laying and col
lecting internal taxes; and in doing this, to abol
ish all the offices, have been instituted for that
purpose. But it will not be pretended, that Cori
grefs have power, by a legiflauve aft, either to
appoint to, or remove from office, a tingle officer
in that department. A power then to abolish an
office, and a power to remove an officer from of
fice, are in their nature dihinft powers. Admit
ting therefore, as I readily uo, that Cougrefs are
not, in the meaning of the confutation, veiled
with power to remove an officer fiom office
(whether judiciary or executive, it matters not)
it dill by no means follow, that they have not
pover to repeal the law instituting that office.
Should a refutation be brought forward for re
pealing the law laying duties of excise on stills,
&c. ; would/any gentleman, who might be op
posed to filch a resolution, venture to ground his
opinion on the uuconhitutionality of the mea
fiire, fonn this consideration, that it would in ef
feet abolilh.three fourths of the offices in the rev
enue department of the government, and in this
indirect way, deprive d hofl of officers of the offi
ces which the constitution has placed as much
without the power anil controul of the legisla
ture as it has those of the judiciary department?
^:zy,rt4^. warum i ju w new mmni■ —BUC
fp-bJ lor their continuance in cxift
<c- b as 4 line gentlemen contend, it i
^^ :.4b,; the coiritituthmlot the Ic§;fo
te t I abohlh a judicial court, the law it
^ r rucn it is in contemplation to repeal,
trit be an one cdti'utional law. And 1
.ocud uot fop/ofe it to be a violation of
1.- c^nititmiou tor a legislature to lepealan
uucobtiuniunal law.
Che a^. in question, by which the late
c ^- : charts were abolished and the present
. : us uikoliihed, either is, or is not
ornlitutional a&. If it is a con
famionU act, then it was not a vio
i ot the Constitution for the last
Igrefsto pass it And if it was not a
vk nation of the constitution for the last Con
,reG to pass the act by which they abolished
fro circuitcourts which then were, and they
ertablithed thole which now are, it cannot
be any more a violation of the constitution
for the present Congrels, by repealing that
aa, to abolish the encuit courts which now
and to eStabliSh new ones. If
on the contrary, the ad in question is an
unconstitutional a&, I Should suppose, that
of itfelf was a fufficient reason for repeal
ing it, and that the constitution, instead of
forbidding, demands a repeal of it. So that,
whether it is, or is not, a constitutional a&,
the rcfult mud be the fame—to repeal it
cannot be a violation of the constitution.
I am not disposed to ply upon terms, nor
would I knowingly defeend to a lirain of
mere metaplyfical quibbling on this serious
and important fubje&—l may be mistaken
• —But 1 feel as if the argument was not on
ly rational, but absolutely conclusive. If it
is fallacious, let it be fairly met and the fal
lacy will easily be detected# The senti
ments which I now express are not the cur
sory thoughts of a moment, which have oc
ted on the spur of the occasion. Whether
right or wrong, they arc the result of Seri
ous and mature reflection. If they are not
found if they are not salutary if they are not
predicated on those principles of the consti
tution which are to be considered as immov
able by any authority Short of that by which
they were firft established, let them be re
jected with all that abhorrence which the
tongue of man can express, or the human
mind conceive. For, I readily admit that
the effects resulting from a violation of the
constitution by the legislature, are not less,
but if possible, infinitely more to be dread
ed than what any gentleman has described.
With respect to this queflion, I will not go in
to a minute difeuffion ofit. 1 will not only ob
lerve in general, that from the documents which
we are furnifhed with, and from the present situa
tion and date of the nation in general, it does not
appear neceffarv to retain all the courts which by
that law have been conflitured. It does net ap
pear but that, to fay the lealt the buliuefs of these
courts may be traufafted equally well by a lets
number. And as it is iu itfelf, not only impru
dent, but unjust, to lay unnecessary burdens on
our condituents for the private advantage of in
dividuals—-as this would have a natural and most
dweft tendency to weaken the government by de-
Itroying the confidence of the citizens in it, and
alienating their affections from it. lam tor my
felf, fully convinced, that these laws ought to be
repealed, and, with my present views of the sub
ject, I shall give my vote accordingly ; although
I confefs I am not entirely finished with the aft
proposed to be revived. And I will here take oc
casion to fay, I fhbnid for myfelf, with to add
two or three more judges to the supreme court,
and to strike out of that aft the sum of fae hun
dred dollars, and insert a much larger fam. Per
haps something like this may take place, either
as an amendment to the present bill, or at some
future day. If such an amendment might be ob
tained, I mould be much better pleated with it
than I am at present.
HOUSE cf REPRESENTATIVES.
MONDAY, MARCH 8.
Petitions agaiuft the additional duty on
Opes were preferred, and referred.
A bill for the accommodation of persons
concerned in certain fisheries ; and a bill
for rebuilding the light^houfes on Gurnet
Point, and New-Callie Island ; and for e
reding one on Lynde's Point, were palled.
TUESDAY, MARCH ~
A petition from merchants of Chailelton,
refpeding French depredations, was com
mitted. Also, one on the fame fubjea from
the merchants of New-London.
WEDNESDAY, MARCH TO.
The Naturalization Bill palled. The
probationary term is five years.
It was moved that Congress should ad
journ on the 2d Monday in April. It was
moved and voted, that this queflion should
be taken on the fall Monday in March.
The Military Bill palled. Disbanded of
ficers, who have served more than 3 years,
are to receive one month's extra .pay for
each year.
THURSDAY, MARCH 11.
French Spoliations.
Mr. Griswold laid the following motion,
in fubßance, on the table:
Resolved, That it is proper to make pro
vision by law towards indemnifying the
merchants of the United States for French
spoliations, so far as claims for the fame
have been abandoned by the convention with
IFrance. Ordered to lie on the table.
Sir, I believe not. The argument however would
be neither more nor lets conclusive in one cate than
in the other, it is urged within doors ^nd with
out, that to repealthe law, would be no other
than an indirect way of removing judicial officers
from office, and ct destroying that legal tenure
by which they hold their offices. This argument
it such it may be called, and if I understand it,
takes for granted the principal, if not ihe only
matter in dispute, viz. That every judicial officer
has inch a tenure in his office, as puts the office
iifeif entirely beyond the power, and influence
of the legislature ; to that uh°n the legislature
have, by their own legislative all, o'uce inUituted
fuco an office, they can never afterwards abolish,
or touch that office without violating the consti
tution under which they act. This, fir, is a Jac
trine abhorrent from the principles of all free
governments —it is abhorrent from, what has been
demonstrated, as I conceive, to be cohfonant to the
principles of the constitution of the U. S.—it is
abhorrent from the feufe and uniform practice of
the legislature, eyer Since our government was ef
tabbOied—it is more especially abhorrent from the
express provisions of the aft ilfelf, the repeal of
which is now in contemplation.
But, fir, permit me to alk, what wdtud be the
consequence of adopting the Sentiment of our op
ponents ? Would not this be a cunning & incited
way of tying up the hands of the legislature, and
of restricting that body in the exercise of those
powers which the constitution has veiled them
with for the fafety and welfare of the communi
ty at large ? Would it not be a cunning and indi
rect way of fixing an immoveable end intolerable
burthen on the honest and industrious citizens ul
the U. S. for the private emolument of court 1a
iorites, idle fyeophants, and useless drones ? And
would condoft like this in representatives evince a
becoming and sacred regard to the Spirit of the
constitution, and to the trust reputed in them by
their car,dilutions ? Or, would t not rather fur
niih a melancholy instance of the betrayment of
both? Let candour, let common feufe, let solid
learning, let found policy and reason decide thele
solemn queries.
A decision grounded on all, or on any one V
these principles, is Such as we wish to abide. Ayd
I mean not to fuggett a doubt, but, that our dp
ponents are equally willing to abide the fame iin
portant test. By what I have row Gid, 1 mean
no more than to express that clear conviction,
which exists in my own mind, that the principle
for which onr opponents contend, has a natural
and direct tendency to Such a state of things as 1
have juft'mentioned ; however pure their motives
may be who lb warmly contend for it.
Whether the judges will be entitled to retain
their offices and to receive their Salaries, provided
the act Should be repealed, is, as I conceive, a
question entirely distinct from that which is now
before the committee. It may perhaps hereafter
be made a question, either before the legislature,
or before a judicial court. Whenever this Shall
happen, then will be the proper time to consider it.
If from a fair and candid examination of the
fubjedt, it appears, as I think it does, that there
is nothing in the Constitution which, in the lead
degree, militates against the repeal of the
afts, then the only question' which remains to
be considered is, whether it is expedient to repeal
them?
[Fromv Often refer, injected ly defre]
A committee of the Republicans from Sa-
Tem, Marblehead, Beverly and Danvers,
To the Electors of the County cf hflex.
GENTLEMEN,
THE present moment is every way im
portant to our country. It is a moment
which must left the principles, fix the char
a&er, and model the exigence of Republi
can governments. The public contelt no
longer involves mere party measures, or per
sonal preferences : On its decision await the
fafety of each (fate, the Confederacy of our
empire, and eventually the fate of mankind.
The Republicans hold the right of Suffrage,
frequency of pedions, liberty of the press,
and independence of Rate governments, as
firft principles, acknowledged, fan&ioned
and consolidated by the Constitution, and
national compact—They pledge their lives,
liberty and properly, for the firm and un
qualified 'defence of the letter and spirit of
this glorious instrument—They hold, that
its Arid and rational conftruaion Should be
abandoned to the artifices of sophistry, or
overawed by the denunciation of party zeal
—They hold, that the interest of all § and
consequently, that the very whisper of a di
vision is pregnant with disorder, anarchy and
despotism.
Diametrically opposed to these ideas, ever
has been, and dill is, the policy of a body of
men, who cloak themselves under the hon
orable, but misapplied name of federalifts.
Ihe great majority of the American peo
ple are unquestionably ' all Federalists all
Republicans.' But their credulity has been
imposed on ; their honesty deluded, and their
manly confidence abused to the worst pur
poses ; they have been enlisted under the
banners of names, and artfully made to war
against their own pure and unfophifticatcd
Sentiments —lt is time our yeomanry Should
See the division line of parties in its true
light, as a division of firft principles. The
question, on which they are to decide, is not
what person Shall rule, or what measure of
ordinary legislation Shall be adopted. It
traveifes a wider range, and requires evety
man to decide, whether he prefers a govern
ment founded on popular elections and Sup
ported by popular talehts ; or a government
organized for permanent aristocracy and ex
clusive prerogative : In one wold, a heredi
tary tenure ot office without refpunfibility y
and without change, or a Republican icpte
fehtation, elected by the voice and support
ed by the countenance of the people. It
cannot be doubted but that the yeomanry of
this country, if once the pfeudu federal doc
trines Were Stripped of their Shallow pre
tences, would trample them under feet as
royal and ambitious insinuations.
If therefore, Gentlemen, you value your
independence, purchased at the expence of
so much blood and toil, if you value the lia
bility of the Union, whose balis is equalized
rights and uncorrupted elections-—if you
abhor a division of our Rates as involving
bloodshed and anarchy—-if you value the
conliituted authorities of our nation, as pro
moters of patriotism, morality and the arts,
let us intreat you, by ail you hold sacred, to
aflert these principles on the firft Monday of
April, and uninfluenced by federal faction,
and unalarmed by seditious menaces, to
give your votes for men, who hold the good
of the people and the principles of our revo
lution in their hearts and actions. Ihe op
position are concentrating all their forces,
and shall we decline the contest? shall we
forget to a& on principles which Wathing
ton confirmed by praaice, and authorized
by advice ? No laudable exertion should be
remitted, no measure of honesty and integ
rity declined.. While republicans deleft
corrupt influence, they deem themselves en
titled to meet their adverfarics on the ground
Influenced by these confederations, be
lieving that we should cling to the federal
constitution, as the anchor of our fafety,and
" the world's belt hope"—and perceiving a
fyßematic opposition to the general govern
ment pursued and invigorated by an imperi
ous party, in order to throw an odium on
popular adminilhatioß, and thus open the
way to a gradual display of greater execu
tive permanency and presidential patronage,
the Republicans of this part of the country
have determined to support new candidates
for official Rations in this commonwealth.
They with to avoid the imputation of in
vidious remarks, peifunal abuse, and private
Render. They- ground the necessity of
change upon the necessity of the Rates har
monizing -w ith the general government—in
strengthening the bonds cf national union,
in allaying the bitterness of party spirit, in
promoting plans of economy, and retrench
ments of public expences, in exciting a love
of order, industry, improvement and manu
faaures, in all which views the political
sentiments of the falfely called federal tick
et oppose a dire&, influential, and determin
ed negation. To prove this, reference need
only bc+tnade to votes on the late legislative
debate to address the President, which is
.conedly Rated by b'oth parties, as forming
the partition wall between them.
of reason and religion by a free difeCToo of
public characters, and a decent animadvert
bon on political tendencies. In the c^ufe
of patriotism wetruft that tflx win curve
first in MatikcbuScus,aud MatUchufeta fiat
in the Union.
By the Mails.
AUGUSTA, (Georgia) FER, 27. 1802.
The folio-wing ASdvejs of the Legifature f tbit
fate, at their iae frfion, was dirked. 10 be pre-
Jented to iHe PrefacHt ftoe United State), and
the annexed is the reply of the Prejuient thereto.
To THOMAS JEFFERSON,
Prgiaent of the United States.
SIR,
THE Legislature of Georgia, reposing
high confidence in the Executive ot the
Union, congratulate the Prelidcut on his el
evation to the Chief Magistracy.
1 hey felicitate thtmlclvcs that an office of
the firft dignity in the Federal Republic,
bearing the greatest re pontibility, and em
bracing in its detail, various and complicat
ed relations ; on the judicious determination
of which, cilentially depends the prosperity
of the commonwealth, has been committed
to the charge of Him, in whole justice, in
tegrity and patriotism, the Legiflaiuic of
Georgia do confide.
We have equal confidence in the Legisla
ture ot the Union—State rights, State fovern
ty, as recognized by the constitution, when
refpeaed by the general government, will
form the ligament, binding each political
fraction to the aggregate, by the indiffolubic
ties ot reciprocal inteiell ; then Georgia,
receiving justice for the past wishing no Se
curity for the futury, will hartbonize with
the Legislature of the Union, and throw her
feeble weight into the Federal scale.
Under an admiiriftrution which has the
public good fur its end, and the constitution
for its rule Under the Federal Legisla
ture, where the talents and virtue ot the re
public are concentrated, we look forward to
that ultimatum of political peifc&bility,
from which we hope never to retrogade.
Receive, Sir, this teftimuny ot the Legifi
lature's confidence, together with our wish
es that your private walks may Ire as emin
ently happy, as your public life has been
vonfpcuoullv virtuous.
DAVID MERIWETHER, Speaker
of the House ot Representatives
JOHN JONES, President of the Scu«*
ate pro tempore.
Louifvide, Dec. 4, 1801.
—<-<-<i, < «*,{3¥>-> >--—
To the honorable ihe Pi evident of the Senate and
Speaker of the HouJe cf Kepfertatiues of Geor
gu.
Gentlemen,
THE confidence* which the Senate and
Representatives of the State of Georgia, ate
plcafed to repose in try conduct, and their
felicitations on my clt&i&n 10 the Chief
Magihiac), are testimonies, which, coming
from the collected Councils of the State, en
ccurage continued efforts to deserve them in
future, and hold up thkt icwaid molt valued
by me.
S^te rights, slate fovercigntics, as icccg
nifed by the constitution, are an integral
and cffcntial part of our great political Fa
bric. '1 hey are bound by a common liga
ment w ith thole of the national government,
and form with it on; fyflem, ot which the
constitution is the law and the life.— A sacred
refpc& to that inlbument, therefore, be
comes the firit interest and duty of all.
Your reliance on the talents and virtues of
our Republic, as concentrated in the Federal
Legislature, that the public good will be its
end, and the constitution its rule, is afferefy
Well placed ; and we need not doubt of that
harmony which js to de pend on its jufficc.
I pray you to accept for yourkhes and
the Hooks over which you piefide, my
grateful thanks for their favorable difpeh
tions, and the homage of my high confides
tion and rofpc&,
TH: JEFFERSON.
Extraa of a letter from agentleman at ^ux Cayes,
to hisfriend in Baltimore, dated lev, Q xl:02.
" 1 have but one moment to write to you.
The French troops have lai tied, at the Cape^nd
Port Republican. Unfortunately they bate not
yet appeared before our coast. But our Lraveand
generous general La Plume has ^ elated in lover
of the French, and deter mined to save us contrary
to the sanguinary orders he has jcceiied from
General Deffalines. Thus we are fate, at kag
quiet enough at this moment,—lwill not (peak tQ
you of the transactions at the Cape and Port Re
publican ; you will icon be better ipiormed leap
we are at prefect.
EVENTS at PORT-REPUBLICAN.
Extract rs a letter from a French gentleman at
Wilmington, (Del.) to his correjpoudent in N^-
York, dated March 13th, ißcu.
[Trarijiatedfor the MorchanFle ^dz-ertfoQ
Fall night a brig arrived here front Port-au-
Prince, u hich place the left on the :7th 1 eb. By
her we have received numerous details refpr cling
the late events that have happened there, on the
arrival o f the troops lent item France.—Op the
4th Feb. fix ships ofth'e line and two frigates an :
chored in the great road ; ope of the frigates drew
near and icht on fLure an Aiu de Ct^'p, to let