The Republican ledger — Portsmouth, N.H., 1800-04-02 00:00:00, page 2

Ltfflatnre of the refpe&ive fata (hall direct ;
Provided, That they assemble in regiment, bri-]
gaL ,or division, the whole of the aforefaid crops
of light troops shall at all times be deemed and
considered as in a date of requisition, and no part
of the residue of the militia (hall be called into
actual service, unless in the opinion of the Presi
dent of the United-States the whole of the light
troops within a convenient distance of the fceue ot
danger, shall be deemed incompetent to the object.
Sec. 8. And be it further enacted, That the re
siduary militia (hall be compelled to assemble but
once only in every year, viz. on the 4th day ot
July, and whenever the fame shall happen on a
Sunday, on the succeeding day, tor the foie pur
pose of infpe&ion of their arms and accoutre
ments, which said arms and accoutrements (hall
confilt of a good mutket a fufficient bayonet and
belt, and a knapsack, and shall be provided by
the said residuary militia, excepting where the
fame shall be furnifhed by the ft^te ; to eufarb the
aforefaid provision as well as the immediate re
pair of such arms and accoutrements when necef.
fary, jt (hall be the duty of the commandant of
each regiment to ntke out a lift of all fiich citi
zens enrolled as before*directed who shall fail to
fuppty themselves with the arms& accoutrements
required bv law, to keep the fame in good order;
which said lift shall be laid before a regimental
court martial to be held in every year before the
firft day of August, and the^faid court martial is
authorized to enforce the full and punctual exe
cution of the above requisition, by the infliction
of such fines as they may deem proper.
Sec. 9. And be it further enacted, That no par
ty or detachment of militia, drafted for, or call
ed into the service of the United States, shall be
compelled to remain in such service for a longer
time than nine months at any one time, and that
if any officer or soldier belonging to the militia of
any date, and called into the service of the Unit
ed States, be wounded or disabled while in such
service such officer or soldier (hall be taken care
of aqd provided far at the public ex penfe.
S'C. 10. And be it further enacted, That all com
missioned officers shall take rank according to the
date of their commission, and when two of the
fame grade bear the fame ,date reference (hall be
had to previous commission, in case either or both
shall have been formerly in commission, which for
mer commission shall determine the right of pri
ority ; in case of no such previous commission,
tnen their rank shall be determined by lot, and to
be drawn in presence of the commanding officer of
the regiment : the rules ofdifcipline aseltablilhed
for the regular troops shall be observed by the mi
litia throughout the United States, copies whereof
shall be transmitted by the Secretary of War to the
adjutant general of each state, in such numbers as
he may deem necessary, and by him distributed in
such manner as the general of division may direct.
Sec. ir. And be it further enaded, That all
clergymen of every denomination whatsoever,
Hull be exempted from militia duty, although
they may be within the age prescribed by law,
and whereas it is proper to exempt also from said
duties all other perfous coming within the pur
view of the law Who may from mental appreben
lions or scruples be incapable of difeharging the
duties of foldierfhip, by alloting to such citizens
some other employment beneficial to our common
country. Be it enacted, that all other persons
thus disinclined to prepare themselves to defend
their country (hall be employed at suitable feafons,|
the fame number of days in working on the pub-'
licroads to be fpecified by law, under the order I
of anon-commissioned officer, as the miliria
are engaged in training, taking care always that
those from the age of twenty, to the age of twen
ty-five, (hall give the fame number of days to pub
lic work as do the light troops to public training :t
Provided nevertheless, that all such persons may
by annual certificates, to be obtained in the month
of January from the commandant of regiments,
exempt themselves until the preceeding January,
and so on every year until they pass the age of,
twenty-five, from such work by paying tb said
Gommaridant on receipt of such certificate ten dol
lars.
Sec. CT And be it enabled, That every major gen
eral, brigadier general, deputy adjutant general,
or commissioned officer who shall fail to attend
training when so required, or to make the requi- 1
site returns, shall be fubjeft to cafhierment for, the
firft offence by sentence of court martial and to
the payment of a fine not exceeding dollars
for every return they shall fail in due time to make,
to be iimpofed by court martial,
Sec. 13. And be it enacted, That every non-com
missioned officer or soldier who shall fail to attend
training punctually, or shall leave the fame till dis
charged, shall be fubjeft to a fine of dollars,
or months imprifbnment, at the diferetion
of a court-martial. '
Sec. 14. And be it further enabled, That the
mode of prosecuting for and collecting all fines
and forfeitures arising under this aa, and of all
monies thereby admitted to be paid byway of
commutation for feruices in the militia, shall be
prescribed in each date, by the legislature thereof,
the collectors whereof shall pay the fame within
three months after collection, to the supervisor of
the state in which the colle&or relides, oh pain
of prosecution as by law directed.l
Sec. 15. And be it further enabled, That in case,
of aftnal service previous to the march of any de
tachment of cavalry, the horses shall be valued by 3
competent and dilinterefted citizens, on oath, to
be felefted by the commandant of the regiment,
which said valuation (hall be certified by any two
of the said appraisers, one copy of which signed
by the commandant aforeiaid, shall be transmitted
to the secretary of war, and another left in the
hands of one of the appraisers—And in case any
horse during said service shall be killed by the ene
my or by accident, the owner thereof sh 11 be
paid for the said borfe, agreeably to the aforefaid
valuation, out of the treasury of the United States
by order ofthe secretary of war.
' Sec. i 6. And be it enacted, That the field pieces
furnitbed tin ter this aft to the artillery compa
Dies shall be conftrufted for the use of horse, and
the artilleries shall, like the cavalry, provide
themselves with fit and proper horses, to be paid
for in like manner, (ho,ld any horse be killed- by
the enemy or by accident. Provided nevertheless,
That neither the dragoons nor artillerifls shall be
compelled in the time of peace to train mounted,
but shall perform their training exercise on foot
#it From the Be £.
THE LIBERTY OF THE PRESS.
Mr Holt,
AS 1 know not what it is you have published,
tho' I fhonld be glad to, for which you have been
prosecuted ; therefore, as I underhand it is not for
the publication of a libel, or falfehood (unless mere
I cannot but consider that law to be a mod fe
rious attack upon real liberty, which mull damp
the fate of Americans, as freemen or slaves ; and
that historians, who look back upon thingsas they
really are, after the veil of orientation is taken off,
will fee and record it accordingly.
Your patrons cannot stand aloof, with uncon
cern, to fee you made a viftim to that 'law (if it
be only upon the ground before stated, or to de
prive them of your paper, fyould that appeal to be
the object of the prosecution) neither, I presume,
do they with to be hostile to constituted authori
ty ; yet they can, as peaceable members of society
give their tacit diGpprobatfon of such an abuse of
power, by withholding their patronage, as I am
resolved to mine, from allthofe publications Which
conceal those faults of men in power, so necefory
to be known, qn account of the public good
and real fafety of the people, from tyrannic or ar
bitrary sway ; and which, as I believe, was tte
principal, if not the only reason of that provident
clause in the confiitution which fays, " The liberty
of the PreJs shall remain Violate."
trous at paradoxies—perhaps they can solve the
question. If fo,l fhonld be willing to attend to it
in any other paper, fhonld yours be ftopt. But,
by the way, if that fhonld be the fafe, that 1 fhonld
be deprived of your paper, by your being difenab
led to continue it, either by fine or iniprifonment
and it fhonld prove to be oniu for publishing
some mere fa&s or opinions, witn regard to pub
lic men and measures (in ignorance of which no
people can long be free, on account of the nature
of man, when invested with power) then I am re
solved not to pay a cent in purchase of papers op
posed to that true impartiality of ypur%fo long as
the (edition law exills, except for the fake of an
advertisement, or something alide from the truth
of our political situation, which I can never ex
pect to know, of people who are not at liberty to
publish itrianres on administration, whether pro
or con. In this refpeft there is no medium be
tween freedom and slavery. People are either
free to investigate and expose the conduct of ;he
public fervents, or they are not ; and if not, then
they mull write, speak and print, under a flatyh
fear of those who ought to fear them, but v|ho
have assumed the sovereignty, both of the people
and constitution (which was not delegated to
them by either) a right to controul both, as is pro
ved by the single a& of passing the sedition law Jin
spite of all the sophisms to the contrary, if I n,y
so ex press myfelf: for Ido not all; the above ques
tion thinking any one can answer it fairly, My) 0-
pinion is thajit cannot bedone. Perhaps it would
not do for me to fay I know it cannot ; and that
any attempt to do it mutt determinate in an artful
play upon words, calculated to deceive and ton
found the simple, like the British sophisms about
liberty, which the verfalite people of Maflathu
fetts, who, it seems, were the firft to oppose the
British in every thing, are now the most ready to
receive and adopt.
What avails all the literature of New-England,
if falfe science, learned ignorance, or felf decep
tion, mutt constitute so great a part of it that, as
it respects their eflential rights, it seems one may
apply lord Bacon's cotyufiou about the great
(hew of learning in his me : tamen nunguam suit
tanta ignorentia, tantus error. Literally render
ed, nevertheless, never was Jo much ignorance, so
much error.
But I confine myfelf to this point alone. And
I alk, what avails my right of fuffrage, annexed to
the mock name of freemen (rendered so by this
mean) if I am not at liberty to enquire & be told,
through the medium of the press, or otherwise,
what the real character of the persons are for
whom I should, or ffiould not, give my fuffrage,
according as I should find the character and con
duct of these persons to be ? In this case 1 would
not give a single pin for it ; because I should then
be as likely to vote for the persons whom I would
not as for those w hom I would, and should pre
fer.
opinion fhonld be so called, which would prove
all mere opinions to be either falfe or true, by the
fame rule) l would, through the medium of yqiir
paper, propose one fyllogHtic question, on the li
berty of the press, to those who fay that the fed
eral constitution is not violated by the fedifon
law.
Major proposition. By the liberty of the press,
the condition could hot mean a liberty to pub
lish that which can be proved to be falfe, as all
will readily agree.
Minor proposition. Neither could it mean foly
a liberty to publish either fafts or opinions fwor
able to the conduit of men in the adminihration,
for this liberty could not need * conflitutibhai
guard, being never in danger, on the score of the
law. Ergo, what liberty does the condition
mean, if not a liberty to publish faftsand opinions
unfavorable to men in power ? toe^pofe wal arcl
miniftration to the public view, in order that it
may be corrected ,by difcountetiaiicing or displac
ing the agents of it ?
For my part, though I have read a great deal
on this fubjett, by those who call themselves fed
eralills (perhaps it will not do to fay that it was
all mere nietaphyfical gibberish, and that the wri
ters are the true and real antifederpiits) yet 1 can
conceive of no other kind of rational liberty of the
press ; any but this that it could be necessary to
guard in the constitution, as the palladium of ci
vil rights, and the very key ot liixrty. If another
kind can be difeovered, 1 should be glad to kdbt
what it really is. New-England people are -dex'
Foreign Intelligence.
^*ti<&fyfc FH
Extraordinary State Papers.
(^Received at Savannah, March 6, in London
papers to January Bth, and Liverpool papers to
fan. 9th, brought there in the Jhip Hope, Capt. Car
laghan, 54 days from Liverpool.
•LONDON, JAN; 8.
\{Publifhed by Authority.] t
Letters from the Minify of Foreign Affairs in
France, and from Gen. Buonaparte, and the an
faers to them by the Right Hon. Lord Glenville,
his Majesty's principal Secretary of State for For-,
eigu Atlairs. . 0
(TRANSLATION.)
MY LORD, f
I dirpatch by order of Gen. Buonaparte, Firtt
Consul of the French Republic, a Messenger to
London ; he is the bearer of a letter from the First
Couful of the Republic to bis Majesty the King
of England. I requeft>ou to give the necessary
orders that he may be enabled to deliver it direft
ly into your own hands. This flep, in itlelf an
nounces the importance of its bbjeft. . Accept my
Lord,the assurance of my higher consideration.
1 CH. MAU. TALLEYRAND.
Paris, the sth Nivoje, Bth year of the French
Republic, (Dec. 25, 17,9.)
[TRANSLATION.]
French Republic—Sovereignty of the People,
Liberty. Equality.
BUONAPA RTE Firfl Con/ul of the Republic, to
his Majesty the King of Great-Britain and (fire
land.
Paris, the sth Nivoje, Bth year of the Republic.
Called by the wishes of the French nation to
occupy the Firfl Magistracy of the Republic, I
think it proper, on entering into office, to make a
direct communication of it to your Majetty.
The war which for eight years has ravaged the
four quarters of the world, mull it be eternal ?
Are there no means of coming to an understand
ing ?
How can the two mod enlightened nations of
Europe, powerful and flrong beyond what their
fafety and independence require, facrtfice to ideas
of vain greatnels, the benefits of commerce, inter
nal profperty, and the happiness of families ? How
is it that they do not feel that peace is of the firft
necessity, as well as of the firft glory ?
These feutiments cannot be foreign in the heart
of your Mdjefty, who reignsbver a free nation,
and with the view of rendering it happy.;
Your Majefly will only fee in this overture my
Sincere desire to contribute efficacioufly, for the
second time, to a general pacification, by a step,
speedy, intirely of confidence, and disengaged
from those forms which, necessary perhaps to dis
guise the dependence of weak dates, prove only,
ill those which are Itrong, the mutual defue ot de
ceiving each other.
France and England, by the abuse of their
strength, may still tor a long time, for the misfor
tune of all nations, retard the period of their being
exhausted. But I will venture to fay it, the fate
of all civilized nations is attached to.the termina
tion of a war, which involves the whole world.—
Os your Majefly,
BUONAPARTE.
*We are at a loss to decypher the meaning of
this sentence—it is, however, agreeably to the co
py.
Dotuuing-Jireet, fan. 4, 1800.
SIR,
I have received and laid .before the King the
two letters which you have transmitted to me ;
and his Majefly, feeing no reason to depart from
those forms which have long been established in
Europe for tranfa&ing business with foreign dates
has commanded me to return, in his name, the of
ficial answer which 1 fend you herewith enclosed.
I have the honor to be, with high consideration,
fir, your most obedient humble servant,
' GRENVILLE.
To the Minifler for Foreign Affairs, &c. at Paris.
NOTE.
The King has given frequent proofs of
his Sincere desire for the re-eftablilhment
of secure and permanent tranquility to Eu
rope. He neither is, nor has been engaged
in any contest for a vain and falfe glory.—
He had no other view than that of maintain
ing, against all aggression, the rights and
happiness of his fubjeds.
For these he has contended against an un
provoked attack ; and for the fame objc&s
he is still obliged to contend ; nor can he
hope that this necessity could be removed
by entering, at the present moment, into ne
gociation with those whom, a frelh revolu
tion has so recently placed in the exercise of
"power in France—since no real advantage
can arise from such negociation to the great
and desirable objed of General Peace, until
it shall diftindly appear, that those causes
have ceased to operate which originally pro
duced the war, .and by which it has since
been pfotraaed, and, in more than one in
stance, renewed.
The fame system, to the prevalence of
which France justly ascribes all her present
miseries, is that which has also involved the
rest of Europe in a long & deftru&ive war
fare, of a nature long since unknown to the
practice of civilized nations.
For the extentinn of this fyflem, and for
the extermination of all established govern
ments, the resources of France have from
year to year, and in the midst of the
anoft unparalleled distress, been lavished and
exhausted. To this indiscriminate spirit 61
tieftruaion the Netherlands, the United Pro
vinces, the Swiss Cantons, (his majesty's
ancient friends and allies) have successively
been facrificed. Germany has been ravag
ed : Italy, though now referred from its in
vaders, has been made the feene of unbound
ed rapine and anarchy. His majefly has
himfelf been compelled to maintain an ardu
ous and burthenfome contest for the inde
pendence and existence of his kingdoms.
Nor have these calamities been confined
to Europe alone : they'have been extended
to the most distant quarters of the world,
and even to countries so remote both in si
tuation and interests from the present con
test, that the very exigence of such a "war
was perhaps unknown to those who found
theinfelves suddenly involved in all its hor
ro^°
While such a fyflem continues to prevail;
and while the blood and treasure of a numer
ous and powerful nation can be lavished in
its support, experience has fhewnthap.no
defence but that of open and steady hostility
can be availing. The most folemffireaties
have only prepared the way for frefh ag
gression ; and it is in a determined refinance
alone that is now due whatever remains in
Europe of liability for property, for person
al liberty, for social order, or for the tree
exercise of religion.
For the security, therefore, of these effen
PARIS, dec. 24.
The New Constitution has been publicly
proclaimed by the Consuls of the Republic,
and by all the Generals of the armies. Ne
ver did compad, submitted to the free ac
ceptance of citizens, meet with ,a more
unanimous reception, than the Couftitution
just presented. . The wiffies of the people
have been constrained neither by timid un
easiness, nor servile imitation.' They have
arisen from a sentiment of approaching hap
piness, and the hope of feeing it produced by
new laws..
The numbers of fuffrages expressed this
•ay at Paris only, amounts to 30,000 citi
zens, and 15,000 among the army.—Scarce
ly any have refufed.
Dec. 29. The Conservative Senate isal
ready in the exercise of its funaions at the
Luxembourg. It fittings are secret. Si
eyes is chosen Prefidenr.
COUNciIToF STATE.
fr L Sitting cf Dec. 26.
The Second Consul, President.
The minister of justice having proposed
to the Councils to demand a law for the
purpose of revoking thole which excluded
the ci-devant nobles, and the delations of the
emigrants from the exercise of public rights
and public'fiinaions, it Was resolved, by the
Councils of slate ; that it was useless to de
mand such a law, because the constitution,
by determining, (art. 4 and 5) the only case
in which political rights may be revoked or
fufpendea ; and not compiehendingj'n such
Cases either the relations of emigrants, nor
a ny other class of citizens, more particular
ly when there no longer exist any diftinQ
classes (it was therefore impoffityl^ to sup
pose other exclusions.
tial objefts, his majefly cannot place his ft
liance on the mere renewal of geftral pro*
sessions of pacific difpolitions. „Such pro
feffions-have been repeatedly held out by all
those who have successively directed the re
sources of France to the deftrudion of Eu
rope : and wbem the present rulers have de
clared to have beet all, from the beginning and
umjormly, incapable ts maintaining the rela
tions of amity and peace.
Greatly, indeed, will his majesty rejoice
whenever it shall appear that the danger to
which his own dominions, and those of his
allies, have been so long expbfed has really
ceased : whenever he shall be fatisfied that
the necessity of resistance is at an end ; that
after the experience of so many years of
crimes and miseries, better principles have
ultimately prevailed in France ; and that all
the gigantic projeds of ambition, and all the
restless schemes of deftfuaion which have
endangered the very existence of civil socie
ty, have at length been finally relinguifhed:
But the convidion of such a change, how
ever agreeable to his majesty's withes, can
result only from experience, and from the
evidence of fads.
The best and most natural pledge of its
reality and permanence, would be the reftor-*
ation of that line of princes which for so
many centuries maintained the French na
tion in piofperity at home, and in consider
ation and refpc& abroad : Such an event
would at once have removed, and will at a
ny time remove aliobftacles in the way of
negotiation of peace. It would confirm to
France the unmolested enjoyment of its an
cient territory ; and it would give to all the
other nations in Europe, in tranquility and
peace, that security which they are now
compelled to feet by other means.
But, desirable as such an event must be,
both to France and the world, it is not to
this mode exclusively that his majesty makes
no claim to prescribe to France what (hall
be the form ot her government, or in whose
hands the shall vest the authority necessary
tor conducting the affairs of a great and
powerful nation.
His majesty looks only to the security of
his own dominions and those of his allies,
&to the general fafety of Europe. When
ever he (hall judge that such security can in
any manlier be attained, as resulting either
from the internal situation of that country,
'!° m whose internal situation the danger has
riien, of from such other circumstances
of whatever nature as may produce the
fame end, his majesty will eagerly em
brace the opportunity to concert with his
allies the means of immediate and general
pacification.
Unhappily no such security hitherto exists:.
no fufficient evidence of the principles by
which the new government will be dirtaed;'
no reasonable ground by which to judge of
its (lability. In this situation it can for the
present only remain for his majesty to pur
(ue, in conjun&ion with other powers, those
exertions of just and defenfive war, which
his regard to the happiness of his fubjeds
will never permit him either to continue be
yond the ncceffity in .which they originated,
or to terminate on any other grounds, than
such as may best contribute to the secure en
joyment of their tranquillity, their constitu
tion, and their independence.
.(Signed) GRENVILLE.
Downing jireet, Jan. 4, 1809.
To the Minijter for Foreign Affairs,
&c.&c. at Paris.