Oracle post — Portsmouth, N.H., 1804-04-10 00:00:00, page 2

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^Congress of the U. States.
-House of RepreJenwives.
: ^OFEIG^L)
TWE'D&Y MARCH 21.
Yeftetda, the fallowing Meffag* ' r ° m the Prefidenc, was
delivered to the two houfe# of Coagrefs, by Mr. Hattie ;
MESSAGE.
To the Senate and House of Referfotafces of tbeUnited Stater.
I lOTitßunicate to Congrefr a letter received from cap:
' Bainbridge, commander of the Philadelphia frigate,inform
ing us of the wreck of that vessel on the co#ft of Tripoli,
and that himfelf, his officers and men tad fallen into the
hands of the Tripolitans. This accident renders it exped
ient to increase our force & enlarge our expences in the
Mediterranean, beyond the last appropriation for the naval
Service contemplated. I recommend, therefore, to the con
, federation of Congress, such an addition to that appropria
tion as they think the exigency may require.
TH : JEFFERSON,
fig, Tripoli, No:. I, 1803.
MISFORTUNE neceffiates me to mke a
communication the meft-diftreffing of mv life,
and it is with the deepest regret that I inform
you of the loss of the United States frigate Phil
adelphia, under my command, by e:ng wrecked
on" rocks between four and five miles to th. east
• ward of the town of "Lripoli. 1 he citcumdancrs
relating to th s unfortunate event are—at 9A. m.
bring about five leagues to the call ward of Tri
poli raw a (hip in ffiore of vs lending before the
wind, to the westward ; we immediately gave
chafe. She hoisted Tripolitan colours, and con
tinued her course very near, the shore ; about
it o'clock had approached the -shore to seven
fathoms water ; commenced firing at her, which
We continued by runnig before the wind until
half past eleven ; being then in seven fathoms
water, and finding our fire ineffectual to prevent
her getting into tripoli, gave up the pursuit,
and was bearing off when we ran on the rocks,
in twelve feet water for ward,&feventccn feet abaft
immediately lowered the boat from the stern,
founded, and found the g eateft depth of water
astern ; laid all fails back, hoofed top gallant-fails,
and from heavy press of canvas on the (hip,
blowing fredi, to back her off,caft three anchors
away from the bows, flatted the water in the
hold,hove overboard the guns, except some abaft
to defend the (hip againtt the gun boats, which
were then 'firing on us; found all this ineffect
ual ; then made the last effort of lightening
her forward, by cutting away the fore-matt,
which carried the main-top-gallant=ma(l with it,
but labour and enterprize were in vain ,$r our
fate was direfully fixed. lam ftflly fcnfible of
the loss that has occurred to our country, and
the difficulty which it may further involve her
in with this Regency ; and fee! beyond difcrip
tion, for the brave unfortunate officers ^cd men
tinder my command, who have done ev^ry thing
In their power worthy the character and Nations
they filled ; and I trull on investigation of my
own dondu^, that it appear to my government
and country, confident with the Ration in which
I had the honor of being placed.
Striking on the rocks was an accident not
possible for me to guard against, by any intima
pon ofcharts as no such fnoals were laid down
in any on board, and every careful precaution
by three leads keep heaving, was made use of in
approaching the shore, to afferi the capture of a;
Tripolitan cruizer, and after the (hip ftru k the
racks, all possible measures were taken to get her ,
off; & the firm determination made not to give
up as long as possible hope remained, although
annoyed by the gun-boats, which took their
position in such a manner that we could not
bring our guns to bear on them, nor even after
cutting away part of the Bern to effect it.
When my officers and felf had not ahope left
of its being possible to get her off the rocks, and
having withstood the fire of the gain-boats for
four houis, apd a reinforcement coming out
fiom Tripoli without the smallest chance of in
juring them in refinance, to save the lives of brave
men, left no alterna tive,but the diftreflling one of
hauling our colours down and submitting to the
enemy whom chance had befriended —ln such
a dilemma the flag of the United States was
frack. However painful it will be to our fol
low citizens to hear the news, they may be allur
ed that we feel it a national loss equally with
them—Zeal of serving our country in doing our
duty, has p'aced usin that situation which can
better be conceived than described, and from
which we rely on our country extricating us.
The gun-boats in attaching fired principally
at our masts- Had they directed their shot at
the hull, no doubt but they would have killed
many.
The fliip was taken possession of a little after
sun-set and in courfc of the evening myfelf and
all the officers with part of the crew, were
brought on fhore,carried before the Ball aw who
asked ftveral questions. From his palace we
were conduced to the house which Mr. C th
cart lived in where we lodged fall nightand this
day the Minister has become the guarantee to
the Bafhaw, for us officers, & we have given him
our parole of honour.
Enclosed you will receive a lift of the officers
and a few of the people to attend them, who, are
quartered in the American consular house, and
are to be provided for by such ways and means
as I can belt adopt, which will be on as economi-|
cal a plan as possible. The remainder of thej
crew will be supported by the regency.
We have all loft every thing but what was on
our backs, even part of that was taken off ; the
loss of the officers is considerable as they were
well provided in every necessary for a long Ra
tion.
M. Niffon, the Danish Consul, has been ex
tremely attentive, and kindly offers every fa vice
of assistance. '.'
q I truli, fir, you will readily conceive the anxiety
ofmind I mutt Suffer. After the perusal of the in- ,
closed certificates from the efficers on rry condud,
fbould be plea fed to express the opinion of govern
ment, y^u will tfuch oblige me. I have the honor
to be, Sir, with the greater MOM,, your most obe't
so. W.BAINBRJDG^
P. 8. Notwittiftanding our parole we are not per
mined tg leave the house or go on the top of p,
and they have closed our view of the sea. 7
The above letter was accompanied by a certifi
cate of the officers of lire Philadelphia, bearing tes
timony to the good concilia of capt. Bainbridge ;
had a lift of 43 officers and 264 nien in captivity.
On motion of Mr. Nicholson the 'meffage was
immediately referred to the committee of ways and
means. ,
From the REPER7URY.
Exta& of a letter from Washington to the Editor dated,
March 13.
Yeflerday the Court of Impeachments again
met—Mr. Hillhoufe observed that as the Courtl
had heard the petition of Jacob S. Pickering,
flaring the infinity of the Judge, his inability tol
attend court and requesting a poßporement of|
the trial—and as evidence and Counsel had been
heard in support of these alegafons—-he moved
the Court to confider and decide on said petitibn
previous to a question being taken on the arti-;
cles of impeachment. This motion was refufed.l
It was then determined that a separate ques
tion should be taken on each^article in the Im
peachment.,
Mr. White offered the following 'its theform
of the .quellion to be put to each member ofthe
Court upon each of said articles— viz. "Is John
Pickering,-Diftrid Judge of Newhampfliire,gty,
ty ofbig, trimeriS ntifdemeanours. upon thech^f^ds
contained in the -^== article of Impeachment
or not guilty ?"
Mr. White obferveld, that in a vote upon this
queßion, the Court would - pronounce not only
upon the particular ads of mifeondud charged
againd Judge Pickering in each article, but also
whether those ads amounted to high crimes and
mifdemeanours. These ads are not in thd arti
cles Rated to be high crimes and mifdemeaiors;
t>utjudgement is demanded upon them as such.
U pon the question as thus Rated, he had foot a j
moments hesitation in faying not guilty tofvery 1
charge.
A motion was then made, by one of th« ma
jority, to Rrike oct of Mr. White's motiowthe
woi ds " of high crimes and mifdemeanours." Whe
therchis motion was made to evade the fairtyicf
lion and avoid giving any opinion whether the
luppofed miicondud of John Pickering, amoun
ted to high crimes and mifdemeanours,aod to to
vote,as merely to find him guilty of having com
mitted the ads charged upon him, and upon his
conviction to remove him, without deciding the
question of law—let the impartial decide. The
quellion for striking Out was carried by the dual
majority —and Mr White withdrew his motitfo.
The following was then submitted by Mr. Ah
derfon, and adopted, as the form of the question
“IsJohn Pickering,DißridJudge of New-Hamp
shire, guilty, as charged in the . article of
linpeachmentexhibited against him by theHoufe
0: Representatives."
Mr. White then enquired, whether after this
question should be decided, it would bein order
to fiibmit another so as to obtain a vote of the
Court, to decide whether th\ charges against
Judge Pickering if true, amounted to high crimes
and miflemeanours. It was declared such a
question could not be taken. Mr. White then ob
served, that he believed some of the charges con
tained in the articles were true —but he was ve
ry far from thinking that theft Amounted to high
crimes and mifdemeahours,b&ufe from the tef,
timony, given in the case, he wa< of opinion that
Judge Pickering was insane at the time of com
mitting those ads, and cohfequently incapable
of a high crime or mifdemeanonr.— That upon
this mode of proceeding,any officer may be con
victed upon Impeachment and removed from of
fice, without the Court deciding that he is .guil
ty ofhigh crimes and misdemeanours.
Afier these, and similar observations were
made by General Dayton and Mr. White —thef
declared such a method of deciding the case,
would compel some of the Court to retire—and
accordingly those two Gentlemen withdrew.
The house of Representatives preceded by their.
Speaker and Managers then came into the Sen
ate Chamber, and the question was taken on each!
article as Rated by Mr. Anderson ; and the fol-|
lowing Senators voted in the affirmative—Me flrs
Anderson, Baldwin, Brackenridge, Cocke, Elle
ry, Franklin, Jackson, Logan, Maclay, Nicholas
Potter, Israel Smith, John Smith of Ohio, John'
Smith of New York, Samuel Smith, Sumpter,
Venable, Worthington and Wright. Those who
voted in the negativeare Messrs. Adams,Hillhoufe,
Olcott, bickering, Plumer, Tracy and Wells—
Yeas 19— Nays 7.
The question, “Is the Court of opinion that
John Pickering be removed from the office of
Judge of the Dirtrift of New- Hamplhire ?" Was
determined in the affirmative—Yeas 20-Nays 6.
Mr. Wells, who voted against the articles, vo
ted in favour of the removal, upon the idea that
whenever two thirds of the Senators present de
,clare the accused guilty, that it then is the duty
of the Senate to remove him from office. The
Court then adjournedfre dte—and the House of
Representatives returned 0 their Chambers.
From the evidence given in their proceedings,
(for I cannot call it a trial) it appeared to me
that Judge Pickering had long before the offen
ces charged in the articles of Impeachment
and was then, ever since has been, and Rill is in-
I sane! and being so he was not a free agent, dr
.in any way accountable for his anions to any
tribunal—for insanity necessarily excludes guilt.
It is a found principle inlaw,that when the insan
ity of a man, accused ofhigh crimes and mifde
meanours, is suggested—the Court is bound to
inquire into the fad —and if proved, t# Ray all
proceedings until his reason is restored - but if
the insanity is perpetual there is then an end of
the process. Proof was not only offered that
this unfortunate Judgewas in fad infanearthetime
the Summons was served upon him and therefore
, could not have any notice of the intendechtrial,but
that from bodily infirmities he could not possibly
attend without eminent danger of his life. This
evidence was unimpeached and uncontradi^ed.
Yet the Court# though they heard the petition
tfthe son, Rating the insanity and ficknefa of the
Aeenfed, evidence indCoinfel in support thereof
without making any direst decißon on that pe
'tftidn;declared the accused guilty, and removed
him from office.
Messrs. Armstrong, Bradly, and Stone,were in
the Senate; but left it just btforethe question was
taken. It is said that had they voted, their votes
would been in favor of acquitting the accused,&
in that case would have prevented a conviction:
But what is more extraordinary, John Smith
of New-York, and Samuel Smith of Maryland,
did, on the second day of March, A D 1803, as
members of the House Representatives vote tolm
peach Judge Pickering, and now they both voted
Ito1 to coffiritfl him on the fame articles of Impeach
ment. This is aaing literally the part both of
I Accuser tend'Judge ; but it was neceffary—for
I without them it might have been difficult to have
obtained the necessary number of votes.
How far these proceedings will serve as a prece
dent to establish the doctrine,that when requested
Iby a majority of theHoufe two thirds of the Sen-
I ate can remove a Judge from office without a
formal conviction of high crimes & mifdemeanours
time alone can develope. I ready wr(h those in
New'EnglAnd, who aretoaftingof the indepen
dence of our Judiciary, would reflect on what a
Render tenure Judges hold their offices, whose
political sentiments are at variance with the do
minant party.. %
The House of Representatives have this day
impeached Judge Chafe; but it is thought the
public mind is not yet prepared for his removal
—the trial will not therefore take place this ses
sion."
I!^=^====±—^^^
Late Foreign Advices.
~ Native akmV,
\Theday, the firft of January 1804, the General
in chief of the Army convoked for the purpose of
I taking the necessary measures for eftablilhing the
Ihappinefs of the country, having made known to
the Generals assembled his true sentiments, toaffure
for ever to the indigenous of Hayti a permanent
government, the object of bis most lively solici
tude, and which he has done in a difeourfe tending
to convey to Foreign Powers his resolution to ren
der the country independent, and to secure to it
the enjoyment ofa liberty consecrated by the blood
of the people of this i'fland ; and after having col
le'aed the opinion of each, demanded that every
one of the Generals present Riould take the oath to
renounce France forever,to die rather then live un
der its domination,& to combat with the lad breath
for Independence. The geqerah animated With
these sacred principles, and having given their un
animous concurrence to the well-divifed project
of Independence, have ail sworn to posterity, and
to the whole universe, to renounce for ever the
authority of France afffl to die rather then live un
der its domination.
Done at Gonaives,the fofl day of the Independence of
Hayti, ift Januaiy, 1804.,
(Signed) DESSALINES VERNET,
CLERVEAUX, GABART,
CHRISTOPHE, P. ROMAIN,
PETION, J. CAPOIX, &c. &c. &c.
GIFFRARD
^ seven firfl are Major-Generals.]
In ^e Name of the People of Hayti.
We, Generals and Chiefs of the armies of the
ide of Hayti penetrated with the knowledge of the
good services which we have experienced from the
General in Chief, John James Drinlines, the Pro
tedot of the Liberty which is enjoyedby the Peo
ple n the name of that liberty, in the name of
independence, and in the name of the people
whom he has rendered happy ; We proclaim
him'Governcr-General of Hayti for life, and we
promise to' pay implicit obedience to the laws issued
under his authority, thl only one which we (ball
ever acknowledge : We give him the right to pro
claim War to make Peace, and to nominate his
fuccetror.
Done at head quarters at Gonaives if January
1804, frft da, of the Independence of Hayti Signed,&c.
(as above)
By the latest Mails.
BALTIMORE, MARCHT^
' We have it from undoubted authority, Mons. Pichon
Minister from the French government, residing in the city
of Washington, has been recalled ; and that a person has
arrived, who is immediately to fill his pl.;cc.
, PHILADELPHIA, MARCH 2%
A rumour was yesterday received in this city by the
southern mail Rating, that a French frigate had arrived
at Norfolk, bringing accounts, that Spain and the North
ern Powers had refpe&ively entered into hostility with the
Belligerent Powers. The report is of so vague a nature,
as to meric but little attention. Beside, we are in posses
sion of Norfolk papers to the tad of this month, received
by the Harmony Ellwood, arrived on Saturday. These
announce no arrival ; and we believe it improbable for la
ter accounts to be received by the mail. It so further Ra
ted that a Mr. Tuleau is to come out to this country
as French minister.—He is a military chtrader, distingui
shed for bis Cervices in Lavendee.
— — Q—~—
— CT BOSTON, APRIL §.„
THE SLAVE TRADE.
A report has been circulated in London, that it
is in agitation to suspend the fiave trade for the term
of five years. A proposal of this nature is said to
have been submitted to ministers by the old Weft-
India proprietors, particularly those belonging to
the i(land of Jamaica. The propriety ofa measure
to very unexpected, after the obdinate refinance 1
made by the Weft-India interest, not only to the 2. I
tolition, but to any tafpicion of this abominable|
traffic, is understood to arise from a con fiderationl
pf ? the dangers to which an encreafe of the negro
population in the fettfement s might expose them,
The example of St." Domingo muff, no doub.
have a powerful influence on the minds of the:
British proprietors of Weft.lndia property; but|
we could have wifoed for their honour and their
regard for humanity^ that the proposal had arisen
from &fe' rprinciples than those of fear.; The,•
may aifo be influenced by their apprehensions, left
the recovery of the French and Dutch colonies
given up by us at. the peace should lead to the
transfer of a great quantity of britiffi capital in
these islands, whicb.wiil, it is not unlikely, be once
more restored by another treaty to the poflediun of.
the enemy. The natural confequcßce of such ;
transfer# must be an encreafed degree of induffry k
cultivation and enterprize, on the part of the new
Settlers, which cannot be accomplished without &
new and coufiderable importation of negroes.
The event of competition between them and the
old proprietors, it is apprehended, may be prejudi
cial to the interest of the latter ; while in a nations
al view we do not hesitate to fay, that it would be
highly impolitic to expand our wealth, (kill, and
labour, on possessions which there is no reason for
thinking will not be given up as those which had
been acquired during the late war. The improved
state in which Demarara, Surrinam, Martinique,
and the colonies, were restored by us, is in the re
colMion of every man.
But whatevet arguments may be used for adopt
ing the suspension which is now rumoured to have
been proposed the enemies of thie detestable trade
must rejoice to find it interrupted even for a short
period. In the course of five years the experiment
may be made, whether the present Rate of human
fleffi employed in the cultivation of the Wed-In
dia colonies can be kept up by its own means of
increase ; and, should the event prove favourable
to the claims of joftice and humanity, we my-°
Took with some confidence to the complete aboli
tion of the Slave Trade.
Extraa of a letter front a gentleman at Washington to
the Editor dated March 24.
Tfe Bill inplofed in my rinpofing an additional
ad valorem duty of two and ahalf per cent upon
goods wares and merchandize, puffed the House of
Representatives, and this day has passed in the Sen
ate to a third reading, without any alteration. This
Bill with the Bill laying Specific ffiftead of ad valo
rem duties, and imposing light money, will, if they
pass the Senate unaltered, raise near a million of
dollars annually. Thecontempiated annual expence
of prosecuting the war with Tripoli, will be tefs
than half that sum; but the surplus revenue will
be wanting to pay the accruing interest on thcLou
ifiana flock. 'For the fad is, that the demand for
each at the Treasury is very great, the PrefidentiaL
message to the contrary notwithfianding. Thus
early, and in this deceptions manner, must the
Commerce of the Eafiern states be taxed for the
purpose of the useless wilds of Louisiana.
, John Samuel Sherburne; Biftrid Attorney of
N. H. is appointed Qiftria Judge of that State
vice Judge Pickering removed by the Senate—&
Jonathan Steele, clerk of that Court, is appointed
Diftria Attorney, vice John S. Sherburne, promo
ted. Thus two of the willing witnesses against
Judge Pickering are appointed to fill (he very offi
ces rendered vacant by then tefimon, ; and the office
of clerk will probably be filled by a third witnefi
equally asfo ward and deferring as the other two.
The pious Mr. Ellery of Rhode Iftano, moved a
'refolution that the Senate should fit to morrow,that
will be Sunday ; Armstrong, Samuel Smith and
the mover, were the only three who voted in favor
of R.
To Sick People.
THOSE People affli&ed with various
complaints it is expefted have something
about their machine that is out of order! Some of
the veffelsare untoned ! The blood and Jewels want
purifying! The head is jaundering! The Limbs
are weak ! The Joints tremble ! The Skin itches)!!
Well fee if there is nothing among the following
remedies which will help you. I presume there is.
Dr. Cooley's genuine anti-pestilential,
attenuating and restorative Pills, greatly efleemed
in Rheumatic Complaints, and Bilions difeales.
j price §0 cents.
Dr. Rawson's Family Physic, for Cos
tiveness, Indigestion, Headaches, Dizziness, Pains
in thelStomach and Bowells, Dropfieal Complaints,
&c. J pricezg eents.
Dr: Wheaton's genuine jaundice Bitters,
which are said to be bed preparation of the kind
ever offered to the Public, and are a pretty certain
cure for all kinds of Jaundicy and Bilious com
plaints. - As a proof of this the high reputation of
this Medicine, eighty thousand boxes have been
fold in the United States, the last two years.
price 58 cents.
# Dr. Rawson's Anti-bilious and Sto
matic Bitters; celebrated for their wonderful cures
of Anti-bilious and various other disorders.
price 50 cents.
Dr. Haskell's cure for the Jaundice,
confiding of Pills and Powders, taken morning
and evening. price go cents.
Dr. Lee's genuine Windham billious
Pills, for Billions Fevers, Jaundice, Indigestion,
Costiveness, Dropsy, Female Complaints, &c. &c.
Dr. Cooley's Vegetable Elixir, or Cough
Drop's; which are fonud to exceed every other
Medicine for t he cure of Consumptions Complaints,
Asthmas, Spitting of Blood, Coughs, Shortness of
Breath, and every other species of disease to which
the lungs are exposed. price ]„erits.
Dr. Hinkley's complete remedy for
the Piles! price §0 cents^r box.
Dr. Tilly's Medicamentum Gratia Pro
hatum excellent for Gravelly Comptaints ; Hys
terical Aftaions; Anlimas, &c. price 2; cents.
Dr. Noufer's Worm Powder's, which
destroys and expels from the body, all kinds of
Worms. price go .cents.
Dr. Haikell's Dysentery Pills and Pow
ders, which are a certain and speedy cure for this
I distressing complaint. price one dollar.
I Dr. Hamilton's celebrated Worm de
- Iftroying Lozenges, price ftcts. a package, or on,
dollar a bottle.
Dr. Thompson's celebrated Aromatic
P^fte for the Teeth and Gums, price gocts.pr, box.
IBeft impdrtedTooth Powder,price gocts.
\ Dr. Rawson's genuine, celebrated and
6ea®tfyng Itch Ointment ! being a certain cure
, for this horrid diforder. price 50 cents a bae. One
1 box will cure a grown perlon or two children,
j Dr. Haskell's warranted American Itch
Ointment. pice ^o cents.
The whole of the above may be had
it the Brick Book-Store of C. Prince, Daniel-
Areet^Porrimoeth, who has received a supply dited
t from the P'tentra.
hf/stath, ifyril ip, 18% '