Oracle post — Portsmouth, N.H., 1804-01-31 00:00:00, page 2

QfafowtTcc — &
ment illuded to, ought not to p^ "
anbther view (if 4 the constitution, which has
a reference to the general fubjed before us
that is the caution exhibited with reflect to the in
troduaion of amendments. In an instrument
important, and containing, many features new, i .
not to the world, at least to ourselves, although we
might approved its principles ; yet
I might difeover errors as to the mode deviled for car
lying those principles into effea. Hence, it was
the part of wisdom and caution to provide for iuch
alterations in practice, as would give the sorest op
eration to principles, without incurring l , e ?mlu
fonand agitation incidental toa general convert
tion. But left the daring and refiive fpim of <nno.
vation Should injure or dtflroy, under the specious
name of amendment, tliM fame wisdom and caution
have provided salutary checks.. „.
“ TO thirds of both houses of the %refsfall deem
is neceffar, to propose amendmtms ; and three
fourths of the state legislatures shall ratify such {-
mendmerits; before they acquire validity. 1
speak now, fir, ofjhe mode which has always
been, and probably will be put in pra&ce to ob
tain amendments. The other constitutional mode
is equally guarded as to numbers, but, as it has
no relationto the fubjed now in debate, may be
laid aside. “ Two-thirds of both houses mull, I
thin Lon every fair principle of conftruSion,mean
tvro-thirdsof all the members. The number of
Senators is thirty-four ; two-thirds being twenty-;
three. And as there is no representation from ,
New-Jerfey,the number es representatives is one
hundred thirty-fix ; two thirds being ninety-one. +
My impressions are, fir, that this amendment
cannot conftitutionaliy be proposed to the date Ie- ;
giflatures, unless it is agreed to, in the two houses
by those numbers, twenty,three, and ninety-One,
refprftively. This is a constitutional point, which
Idm told, has never been agitated. But it is
certainly worthy of attention. If the contrac
tion should prevail, that two-thirds of the mem
bers present, at any time, height propose amend
ments, the consequence is, that twelve Senators
being two-thirds of a quorum and forty-eight re
presentatives, being a similar two-thirds, might
propose any, and the moll important amendments.
I am aware fir, that it may be said, such pro
positions are not final, they 'may yet be ratified
or rejected by the state legislatures. But the spi
rit of the constitution seems to require two-thirds
of the nation, a&ing by its proper organs, to pro
pose amendments ; and that, in so interesting a
fubjeft as a constitutional alteration, a less num
ber should have no authority. /
To be continued.
INTERESTING?
0 ——
Judge Chase.
From Washington, fan. 7.
.“We had hopes the hoflile designs of democracy
had ceased, and that io its triumphs we Should have
difeovered that magnanimity of (pirit which is pe
culiarly ornamental to the vidor. But the fame
vindiaive and perfecting (plrit which aided its
conquest is ftiH its guide.
“The Houte of Representatives have for three
days past been engaged in difeuffing a resolution
brought forward by Mr. J. Randolph, jun. for the
purpose of ir.veftigatiog the conduct of Judge
CHASE of the 'Supreme Court of the U. S. an<i
Judge PETERS, Diftrid Judge of Pennsylvania, to
afeertain if there can be any ground of accusation
against them.- Or to speak in more appropriate
language, ths, have been denounced in theNcdionalAflem-
Wy, ula mode de Robespierre. The Houfc Dy a
great majority I think, 80 to 40, paffed'tbe refolu
lion and an inquisitorial Committee of seven, has
been appointed, whose natural accytenefs, Sharp,
cned by the Stimulus of party feelings will be prying
enough to dete& their Opprobrious deeds.
"The resolution contains no Specific charge.
But it is fufpeaed that one or the other or both of
these fudges have some how, feme where at dome
time, done some thing which renders them fit ob
jeds of legiflp.tive vengeance. True, they are guil.
iy of an aHackmeut to the Confutation as adminiftopd
by Washington and Adams, and though this is fuf
ficient to incur the displeasure of the present majo
rity yet it can hardly be believed they would be
willing to ground art impeachment on this charge
alone. It may be possibly made to appear that one
or other of these Judges in some unluckly moment
has exprefled an opinion that it is within their prov
ince to decide on the constitutionality or unconsti
tutionality of a law of ,Congress, thereby prefump.
tuoufly maintaining the independence of the Judi
ciary as a diftinft branch of the ^eroment,. But
if tbis is corred, (hall Congtefs ajume the right to
- make it ctimiral,?nd thus extend their power to
despotism. The oftcntible ground of this refolu
nop however is that on the trial of Fries who you
recoiled was convi&d of treason and pardoned,
these Judges, who then composed the Court, would
- ml permit Mr. Dallas and Mr. Lewis to argue to
™ the jury the law that was 10 govern fete decilion,
but only to the Court, claiming it as the province
of the Court to declare the law, while the jury
were to decide the fact. —You know the maxim
-of law "& guoefanemfaEli non respondent fadices ; ad"
quotfimem juris-non refpondcntj^ aiorfs, and though
a violation of this maxiin by the judgment of. our
. wife legiflatm may prove them petifoggers, it will
hot impress the world with art opinion of their jwf
tice.—~lt is also said that in the trialof Callender the
condu& of Judge Chase was arbitrary and op.
preffive ;—but we know his convidion was by a
. jury of Virginians.
“ It will be four years next month firice the trial
, of Fries. It took place in Philadelphia when Con.
. grefs was in fcffion,& all the occurrences at the trial
were then publicly known. Why the arm of Juf.
fee has not until this time been stretched out in
terror to these men, can only be acccounted for on
this ground, that it requires the occurrence of two
thirds of the Senators prefect to convi& on impeach
ment, and now it is conceived that number may be
obtained ! ! Which of the Judges of the supreme
Court or Diftrid Court will next have their turn of
denunciation we cannot tell.—The workis in good
hands ;—And after the constitution is repealed and
public opinion has made another, New-England I
hope will be raftered to her senses."
From the New-York Gerald.
IT appears by letters from Washington, that
Mr. Randolph's resolution for appointing a com
mittee to search for something that would afford
ground of impeachment against one of the judg
es of the supreme court of the U. S. was, on
motion of Dr. Leib, amended so as to include
Richard Peters, diftrid judge df Pennsylvania,&
that it was carried by a majority of 72'to 37 ; a
circuumftance by the way which (hews that all
this business had been mature in the cabinet be
fore it was brought before the house. The reso
lution as amended flood thus :
" Refolded, That a committee be appointed to
-enquire into the official condud of Samuel Chafe,
eneofche affociatejufticesof the supreme court of
the United States, and of Richard Peters,diftri&
judge of the diftri& of Pennsylvania ; and to re
port their opinion whether the said Samuel Chafe
and Richard Peters, or either of them, have so
aded in their judicial capacity as to require the
interposition of the constitutional power of this
house."
It seems that one of the democratic members
who was not in the secret, or who was d^pofed
to give this tragi-farce a little (hew of decency,
or who was really Shocked at the barefaced at
tempt to destroy one of the branches of the gov
ernment, without even the ceremony of a%&
mentof the case, on which the motion was pre
tended to be grounded rose and declared that he
-could not reconcile it to his mind to vote for this
resolution, without having some fpecific fads da
ted. On this Mr. Randolph said he remember
ed having heard Mr. Smilie ia the course of a
debate lad fellion fay something about Judge
Clrafe which in his opinion called for a farther
examination into his conduft ; but he declined
to report what it was & called on Mr. Smilie.
Mr. Smilie then said that, “ he well remembered
having lizard some person who was present at
the trial of Fries for high treason, —fay,
that Judge Chafe told the council for the de
fendant thatin their address to jhe jury they
Imutt confine themselves to fads, and leave the
law to the court." This was all the evidence of
those " high crimes and misdemeanors" mention
ed in the constitution as thecafes that will war
rant an impeachment. Yet on this filly ftatb
ment alone, did the House of Representatives
think fit to adopt a resolution, not indeed diredly
for an impeachment, but for appointing a com
mittee tofearch into the conduft of the two judges
at the time alluded to, and fee if no grounds for
impeachment could be discovered. A proceed
ing totally unknown to the constitution, and fdf
which, I am bold re assert, they can find no fafti
fication, either in any precedent of this country
or by analogy from any other. The federalifts,
with some difficulty, obtained a poftponment of
the resolution till the agxt day, but it was then
taken up and carried by a large majority.
If any explanation as to motives for this con
duct could ^ necessary, we have it in the last
Aurora. This favorite paper of Mr. Jeferfon
contains aparagraph on the occasion, which Jo
completelydevelopes the real views of the party in
Fewer, that we fhali prefentit to the reader. “We
are glad to perceive, fays Duane, a Hifpofition
manifefted by the Legislature of tie union, to
fetutinize the conduct of our judges? “ It be
hoves them [the legiflature] to aft, then instead
of displaying justice according to Iw, and the
constitution, they find the judges concerting the
bench into a rostrum from whence better anti
republi_an,anti constitutional and dargerous doc
trines. It is not enough that the pople have
changed all th ir representatives,\they Lok to those
representatives they now confide in, so what they
would themselves do, were their pover not re
presented ; — they expefl that the chiefs 0 their courts
of law Jhall not be advocates of a diffeent form of
government from that eftoblifeed, or attempt to bring,
its best principles into disrepute.”
.This is precisely in confirmation 0 what we
said two days ago/when we firft fawthe attack
made on Judge Chafe ; that the real motive was
to be looked for in his official charges ID thegrand
jury. The fame cause produced tie ruin of
Judge Addison, in the Rate of Pmnfylvania.
Whether Judge Addison deserved impeachment
and run for bis conduct, those who fill preserve
some remains of refpedl for the memory of Wash
ington,may judge after the perusal of the follow
ing letter from that great and good mao, to
Judge Addison, on receiving one of hs charges .
mount-tirnon, March 4, 1799. >
Sir,_
Your favour of the 31st January, enclosing
your Charge to the Grand Jury of the county
court of the fifth circuit of the state of Pennfyf
vania, at the last December sessions, has been du
ly received, and for the enclosure I thank you.
I wiffi, sincerely, that your good example in
endeavoring to bring the people of these U.S. more
acquainted with the laws and principles of their
Government, was followed. They t>my requite
a proper understanding of these to judge rightly
on all great national questions—bas *nfortunatel)
infinitely more pains is taken to blind them, by one
description of mtn,than there is to open their eyes by
the other which in my opinion is the source of moil
of the evils we labour under.
With very great esteem,
I am, fir,
Your most obedient servant,
GEORGE WASHINGTON.
Alexander Addison, Est.
Who wo'uld have thought that so Toon after
the death of the father of his Country, the man.
agement of out political affairs was to fill into
the hands of men who would convert those very
a&ions whiebbe deemed praise-worthy and pa
triotic into high crimes,and misdemeanors againll
the constitution."
He must be wilfully blind indeed who does
not fee in the present attack on the supreme court
the fame spirit which led to the former attack on
the circuit judges. The simple truth is Mr.
Jefferfon has been determined from the firft to
have a judiciary,as well asalegislature, that would
second the views of the executive. There was no
difficulty with the last, for never was fa on
earth a more servile submission to the views of L
nother than has been constantly evinced by our
present legislature to him. With the judiciary,
placed as it was by the constitution beyond his
controul or influence, he fore saw some little im
pediment, without committing direct violence on
that instrument itfelf'; his legislature, however,:
took that trouble off his hands, and removed all'
obftrudions at a blow. Still the supreme Judges|
were beyond his reach and looking about him, 1
he perceived too that there were some petty offi-I
cers, denominated commissioners of Bankruptcy,l
who also rendered independent of him by the law
which in analogy with the English law veiling the'
appointment of the officers in theChancellor,veiled;
the appointment ofthemhere in the diftri& judge.
The word however d was given, the law was re
pealed and another passed transferring the ap
pointment of theft officers to tbeMan of tbePeople,
who of all things deprecates the being eloathed
with power, even by the confitution. This be
ing done no officer remained to offend him, -but
the judges of the Supreme Court, and how to get
at them was the last difficulty. Behold then a
committee of inquifitibn appointed to examine
whether, in a trial that took place in the year
'99, one of these judges did not deliver an opin
ion on a point of law, that was incorre& and
whether another judge who fat by did not con
cur Tritt, Such is the obje& of the famous reso
lution just presented to Congress and now before \
the public.
We might here go into examination of the
truth, or colour of truth, in the insinuations of
Randolph and Smilie, for we have irin our pow
er to shew, from a report of the trial of Fries,
now before us, and taken in short-hand at the
time, that there is no ground whatever for their
statement. We might give Judge Chase's opin
ion on that occasion at full length, from which
it would appear that he expressly charged the
Jury that they were to “ decide in the present and
in all criminal cases, both on the law andthe fadls ;"
but it is not our business, nor is this the time or
place to enter into a defence of this officer. But
it is the principle we 'contend against. If the
House of representatives, whenever they find
themselves to consist of a fufficient majority of
the ruling party,& may count on such a majorit,
in the Senate as to make sure work, can, without
any fpecific charge, constitute a committee ofin
quifition, to examine whether the officers of the ju
diciaryhave^ afledas to require the interposition of
the House of Representative ;' & when their pub
lic prints back this with the dodrine that no man
on the bench ought to be permitted by the repre
fehtatives of the people, to hold fpeculauve opin
ions on government different from the ruling
party, without being fubjed to impeachment,
then I fay, the independence of the judiciary is
less than a shadow—then the do&rine of three
branches of government, to serve as checks and
balances,isa farce—then all that we have ever been
contending for has vanished forever from our
fight—then life, liberty, and property, are too
precarious to be worth preferviog, and are made
the fpott of every mad-man and every villian,
without the possibility of redreft or recompenfe—
then, in a word, is the American Cenftitrition,
so long our boast, the scorn and the feoff of its
enemies, and an object of melancholly pity to its
friends.
We know riot what may be the sensations cf
those on this occasion, who call themselves friends
to the Constitution, but we presume they will still
preserve the fame flothful indifference, that they
have hitherto, with, " Tet a little more fleefe, a lit
tle slumber, a little more folding of the hands to sleep."
But it requires no spirit of prophecy to foretell
that the time is fall approaching when they will
be compelled to rouse from the trance in which
they nowfeem to be bound as by the “ numming
• spell of enchantment."
Latest Foreign Articles.
By the British Marlborough Packet, arrived at Newyork.
g, London dates to the 12tb Nov. in the Evening.
I LONDON, NOV. 12, BURNING.
The Paris papers to the ad ioft. Hate, that Bonaparte
had not then left the capital ; but private advices ote
his arrival on the coast on Tuefday last. A few days pre
vious to the above date he went on board a gun boat on
the Seine, and exercised the men in the manceuvres of in
vaGon; they bad, as usual, their knapfecks on their backs
and their muikets flung to their sides. It appears however,
that the Consul has at length contented not to rifle his per
son and fortune in the hopeleß expedition against this
country. According to private letters, the farcical cere
mony of entreaty took place on the 27th ult. The hour
of three on the 28th was appointed for the deputation frenF
all the constituted authorities to wait on him, and beseech
him not to hazard the prosperity and the welfare of the
state, by exposing himfelf to the perils of the expedition.
The eagerness and impatience of his friends and the Legif-
Ilative bodies, however, precipitated the affixing feene, and
I at 2 o'clock there was posted on the walls of the Palais
; Royal the following placard,
I"The country is ftved once more '
IBousparte will not leave it."
'The orators of the Senate,and the Tribunate, attempted
in vain to address the First Consul ; their agitation, gentle
fouls, overcame them: One of these (M: dejaneourt,) in
capable of giving expression to 'his feelings, threw himfelf
at the feet of the Consul and extended his arms towards
him.—Bonaparte sprang forward, and folded him in hie
arms. A mixture of prayers, tears, and embraces Succeed
ed. The First Consul began to be affeded and the feene'
terminated by his concession to the wi(hes of the French
nation ! Such was the farcical feene exhibited on that truly
ridiculous occasion—What an insulting mockeryl
A letter from on board the Viadry, at Toulon, states,
that a detachment from Lord Nelson's fleet, was in readi
ness to make an attack upon fevetal French ships of war,
lying under the batteries of Marseilles, and no doubt was
entertained of its fucceb.
1
I* The Spaniards all now confider a war as inevitable;
though they have the fillleft reliance that we fall not
hurry them into it, but permit them to chufe their own
time for declaring war. They have now-very nearly got
all their treasure home, within these few months, to the a
r mount of fet,freon millions of dollars. (1 tpeak from the
official returns of the Cullom house at,Cadiz), ; they are
, fending troops to their colonies to put them in a state of
defence; upwards of 1200 men failed from Cadiz on the
lath 0&. for Vera Cruz, and they are now beginning to
* arm their navy ; when they have every thing prepared
they will theu declare war agaiuft us, with a formal ap
peal to all the world of our unprovoked and wanton ag
gt&Wi chough a ration of Quakers would fcarccly have
Buffered ar berne or, half of what We have hitherto q
Submitted to from Spain.
PLYMOUTH, NOV. 16
Intelligence has been received here, that the French
have been equipping in a snug way in the inner road and
"harbor of Brest, to fail of the line, many of which arc
nearly ready for sea ; and they boast at Brest, that thel
r fquadronjn the outer road is a kind of tub to the whale,"'
1 to amuse the Engliffi ; these ships are mostly manned with[
conscript seamen end landsmen, and there cannot be a I
doubt but the system observed in all the French papers,
refpe&ing Breft,portends some great plan which the French'
had in v^w some months past. A dalh at the Weftern
ports is new confidently talked of, and it is supposed this
port and arfinal is the ebjea--.lt were to be wished they
! wouH attempt it We are fully prepared to receive them
; with a completed assortment of troops of all descriptions, in
' a high state of discipline and order, and ready to meet the
foe—The fortifications are fully repaired, and well covered
with cannon, tnorters,,aad howitzers, to falutc them with a
heavy difeharge of grape, round, chain, and canuifter that
—The private figoal lately ufe'd in the fleet are tn be al
tered, and expresses with the altered code will be font to all
our squadrons abroad from this port, as soon as read,
for that purpose
—0 . 1
Abridgement Os The State Os Politics^
F?once.
THE French Consul Rill continues his prepar
ations for the invasion of this country, and the
whole energy, attention, and exertion of his gov-I
ernment id occupied on that alone. Though no
accounts are[received, yet by every thing that can
be learnt, the preparations are very c^rv^MQ —rd
nearly completed. The Brest fieri in Confiderabie
force is ready to fail the moment that unfavorablel
weather flrail oblige Admi al Cornwallis with ourl
fleet to quit the blockade of that harbour. That
fleet is believed to be destined for Ireland, and is
said to have oa board about about 30,000 troops.'
The beats ano other craft on the coati of Holland
are likewise stated to be ready to come over if they
could get faf/yout bf their harbors so that the invafioa
may be looked upon as certain, waiting only for a
favorable moment. In the mean time the lea-pqrts
of Botougne and Calais are perpetually harraffed ty
our frigates, and the exercise of the brave invaders,
sadly interrupted by otir foot and fliells. It is nol
from either of these places that we have any very
formidable attack to dread, nor can we indeed form
an, well grounded opinion of the numbers likely to
be fant over. Tae reports vary from 100,000 to
250,000, but it is very unlikely that they will ever
be able at an, one time to get the number of 100,00 c,
fairly sent to sea; our cruizer, keep fa good a
watch over all their motions. Partial and desper
ate attempts on the coast are what we certainly
may expe&, the firft moment that favours the at
tempt, and exaggeration of the numbers and dan
ger is more to be guarded against than the eaemy^j
The other Powers of Europe
seem all remaining in a state of silent expectation
to fee what will be the event of the terrible struggle
about to take place between this country and
France. It is certainly not to the honor of these
powers, who have the means of interfering, to fee
the destinies of the civilized world committed^ 7
the chance of an encounter, or to leave any nation
Jingle handed and 0!^ ^f,t ' ;rz ^' c^A ^
so it is, and if ui? mutely thc cae^ot deflec
tion #nd diford fh^ufrl fteceed it this oa# in
stance, the wholt of Em% wot,: ^rt
the Cisforturie;, k
sensible of this,. ^g^ ।
,es vidory ; otherwise they are the m^". hkh : ° n t(
about theh own welfare that it is poflibety re
ceive, for we cannot believe that the mere fyor
of the French name can compel powerful or^!„
t ant nations to so strange a line of conduct *\
By the latest Maih.
CAXANUhiCUA, DEG. 20. t
On Friday last, was committed to the gaol in this town,«
a Delaware Indian, by the name of Joon, for having (hot a 1
Mr. Azetiel Crane, on the 12th in(L near the outlet of Se
neca Lake. Mn Crane was not dead at the time of the
above commitment, no hopes however, were entertained
of his recovery.
On Tuefday the ijth inft.a barn the property of Judge
Annin of the village of Cayuga, was set on tire and en
tirely consumed, together with all its contents—Four or
five horses which were in the brro at the time were burnt
to tyth —A negro Have, named Pero, belonging to Mr.
Mil !er, of the fame place was apprehended on fafpicioa of
hoving committed the deed, on examination he coufeffed
his guilt alledgitg at the fame time, he had been induced
to do it, 1 ;oruequence of having received a pronLfe of
marriage im a wench living with Judge Annin, on con
dition thalli would burn the above mentioned barn—
They were immediately secured, and are; now confined id
the gaol v this place.
PHILADELPHIA, DEC 14.
Yesterday afternoon, between two and three
o'clock thetown wasalarmed by the cry of fire !
which proved to be on the fouth tide of Samion
ftrert, about the 7th or Stlrtoule from the weft fide
of Seventh- street; the boufes were all new, and in
an irnfiniffied state, though all roofed in, and sever
al of them nearly finiflied. We are told by some
perfen that it was owing to boiling glue in the 6th
orqch houle from the Weft fide of Seventh street,
which boiled ,°y«, took&e aad eemwrumcated to
some (havings ; others fay, it was by fire being left
whilf the carpenters went to dinner., Beginning ,
as it may, the fire by the (havings got to fucha'
height aided by a high S. W, wind, it could lot
be got under until if reached Seventb-ftreet, widen
by its width, flopped the pregrefs. Ey this con
flagration 8 new three (lory houses are entirely de
stroyed, and one or two more damaged. They
were most, if not all, the , roperiy of induftriot,
and enterprising carpenters, bricklayers and other
mechanics. Many,f the walls fell white the houlea
were burning but we do not he^r of any perlon be
ing hurt by them.
NEW.YORK, JAN. 16.
Extroa ^ , letter from a reft>#fytlc sharaaer at Natsbes,
' dated Dee igd 1893,
The mounted infantry from th^ state of Tenniffee have
arrived here, having fuffered without a murmur the fatigue
of a march from 5 to 800 miles of which upwards of 409
is a wilderneb
Another—Tive hundred volunteers from Teneff^e have
arrived at Natchez in good health and fpirits,they fuffered
much in the wilderness lor want of forage and piQvilwa
—they are ordered to halt at chit place )
Eatrafyfa letter from the City of WafoiHgton, dated 9tb %,
"1% Coovcu:^ with Spain wis approved yeflerday,