Oracle post — Portsmouth, N.H., 1805-06-11 00:00:00, page 2

Miscellany.
From the Vermont Herald.
Mr. ELLIOT,
TO VIS CONSTITUTE TS.
LETTER VII.
THE first of Mr. Randolph's resolutions respec- ;
fog the Georgia Claims is in the following words.
Resolved, That the state of Georgia were at na
time invested with the flower of alienating the right
of soil possessed by the good people of that state in
and to the vacant territory of the same, but in a
rightful manner and for the general good.
- Thisisnot objectionable as an abstract proposition ;
but it needs the addition proposed by Mr. Lyon viz
—“ of which such legislatures (the state legislatures
of Georgia) are the constitutional Judges" They
and not Congress, are the constitutional judges of the
extent of their own powers.
Second resolution, —That when the governors of
any people shall have betrayed the confidence repos
ed in them, and shall have exercised that authority
with whicli they have been invested for the general
welfare, to promote their own private ends, under
the basest motives, and to the public detriment, it
is the inalienable right of a people, thus circuuro
stanced, to revoke the authority thus abused, to re
sume the rights thus attempted to be bartered,tank
to abrogate the act thus, endeavouring to betray
them
it was proposed by Mr. Lyon to amend this re
solution in such a manner as that if should not jusify
a violation of public faith ; and every honest man
oughtto be opposed to it without such a qualifica
tion. *i
Third resolution. —That it is in evidence to this
House that the act of the legislature of Georgia,
passed on the 7th Jan. 1795," entitled, See. was pas
sed by persons under the influence of gross and
palpable corruption, practised by the grantees of the
land attempted to be alienated by the aforesaid act
tending to enrich and aggrandize, to a degree almost
incalculable a few individuals, and ruinous to the
public interest.
Congress have no power to receive evidence of
the corruption of a state legislature, or to act either
as accusers or judges of such a case.
Fourth resolution, —That the good people of
Georgia impressed with general indignation at this
act of attrocious perfidy and ,unpafalleled corruption
with a pre aptitude of decision highly honorable to
them, dd, oy the act of a subsequent legislature,
passed on the 13th day of February, 1796, and Un
der circumstances of peculiar solemnity, and final
ly sanctioned by the people, who have subsequently
engrafted it on their constitution declare the prece
ding act and the grants made under it in themselves
null and void ; that the said .act should be expung
ed from the records of the,the state and publicly
burnt ; which was accordingly done ; provision at
the same time being made, for restoring the pre
tended purchase money to the grantees,by whom, or
by persons claiming under them, the greater part
of the said purchase money has been withdrawn
from the Treasury of Georgia.
Congress hate no more power to justify the le
gislature of 1795, than they have to condemn that
of 1795.
Fifth Resolution —,That a subsequent legislature
of an individual state has an undoubted right to repeal
any act of a preceding legislature, provided such
repeal be not forbidden by the constitution of such
state, or of the United States.
A succeeding legislature has no power to repeal a
law of a preceding one, by which the public faith was
pledged, altho' the constitution may be silent on the
subject.
Stolt resolution-That the aforesaid, act of the
state of Georgia (the rescinding act) was forbidden
neither by the constitution of that state, nor by that
qf the United States.
This Congress has no right to say ; and if they
do say, it amounts to nothing.
Seventh resolution —That the claims of persons
derived under the aforesaid -act (the corrupt act) of
the 7th Jan. 1795, are recognized neither by any
compact between the United States and the state of
Georgia, nor by any act of the federal government.
Tais is not true in fact,upon a candid construction
of the instrument alluded to, and in view of all the
circumstances of the case. At least it appears so
to me ; to the honorable mover of the resolutions it
appears differently.
Eighth resolution^-Therefore resolved, That no
part of the five millions of acres reserved for satis
tying and qutetting claims to the Ends ceded by the
State of Georgia to the U. S. and appropriated by
the act of Congress passed at their last session,ought
to be appropriated to quiet or compensate any
claims, derived under any act, of tbg state of Geor
gia, passed, or alledged to have been passed,during
L the year 1795.
This would bh a violation of public faith, and of
every principle of political expediency. By an act
of Congress approved March 3, 1803, a general ap
propriation is made of the five millions of acres, and
a particular course is prescribed sos the claimants
to pursue in the exhibition of their claims, to in con
sequence of which they have already been subjectedi
to considerable expense as well as labor:
r 7 The United States never paid a cent for the fiye |
millions of acres, and but a mere trifle for the re-!
maining part of the territory. Nothing cah be|
clearer therefore than thafit would be expedient to ;
quiet the clams. But the great objections which I
have constantly urged to the resolutions are founded
upon the idea that' they are repugnant to tire con
stitution of the United States.l
By the constitution the states are interdicted fr,m
passing laws impairing the obligation of contracts.
'The act of 1795 created a contract upon the face of {
it, arid if it be aljedged that the Contract was void
on the ground of corruption, the question must be
determined by a court of law, and not by a succeed
ing state legislature, or by Congress. By one of the
first amendments of the constitution, all those rights
and powers, appertaining to the States, and not ex
pressly yielded to the general government, are re
served to the states respectively, oft to the people.
The legislative powers of the state of Georgia, al
luded to in these resolutions, belong to the class
which has never been given up to the Union. We
have no power therefore to make any decision upon
their validity or invalidity, or to delineate the
sphere nr extent of their operation. It would be an
act of usurpation. Whatever idea may be entertain
ed of inquisitorial and Censorial powers, in relation to
other subjects, there can be no doubt that this would
be an assumption, on the part of Congress, of inqui
sitorial and censorial powers over the state govern
meats. ’ •
Applicable to ray conduct in opposing those fa*
mous resolutions Is the sentiment of the movet in
reference to his able efforts in supporting them#
"it will be a subject of never fading self gratuhrfion to
me that I Have done so, as it would haye been of
remorse had I done otherwise."
/ JAMES ELLIOT.
4 {
LETTER ITU,I
THE constitution, of the United States is the mosts
illustrious monument of human wisdom that has ex-'|
istedin any age or nation. It combines energy with
liberty ; the great desideratum of the most celebra
ted statesmen of ancient and modern times Thei
provision of the constitution which renders attaint i
ble such amendments as time and experience may !
require, is one of its most estimable characteristics. ;
But an instrument so sacred should be touched with'
a gentle hand. It is time for every theorist, and
few have been more ardent theorists than myself,to
sacrifice the visions of his imagination upon the altar
of national union.
Many of the greatest and best men in Virginia
were opposed to the adoption of the constitution.
Could this circumstance be cotsidere&a^ a reproach,
it would not be applicable to Virginia alone ; it was
the case in a large majority of the states. Opposi
tion, generally speaking proceeded from the best
of motives, from an attachment to liberty, and from
a fear that, were the constitution adopted,“ liberty
would be but a name to aAru the short historic
page of the halcyon days of America." But there
were peculiar features in the constitution which
rendered it peculiarly obnoxious to Virginia. The I
states were to be equally represented in the Senate,
an important branch of the government, a two edg
ed sword, placed in the avenue to the sovereignties
of the individual states, and checking equally the ,
President and representatives of the people, should
they attempt to exceed their constitutional limits.
Many of the greatest men of Virginia thought it
radically wrong that the small state of Rhode-Inland
should have an equal voice in the Senate with the
largest state ; and as that idea still prevails in Vir
ginia, & that state possesses a great ^ increasing in
fluence over the small states, it is reasonable to con
clude that those who think the constitution wrong
will endeavor to make it right, as soon as they ob
tain the power. Nothing else can be expected so
long as "man is man." Although jealousy has
been considered by many as a republican virtue of
the first order, we ought not, however, to indulge
a groundless jealousy ; nor ought we to accuse any
portion of the. union of a desigh to change the con
stitution, without unquestionable evidence.—Upon
this subject my mind has been perfectly convinced
and I always express with true republican freedom,
opinions, of the correctness of which 1 feel a perfect
conviction.
The sentmerits of the celebrated Patrick Henry,
1 of Edmund Randolph, of Masty, and many other
distinguished Virginians, respecting the constitution,
are on record, and the record cannot be obliterated.
I —The equality of suffrage ii the Senate was a
I prominent objection. The mird even of the great
I Washington harbored a strong prepossession in fa-
I vor of the large states. I hav< been told by a ven
;erable member of the convention which formed the
Iconstitution, that Washington was decidedly of o-
I pinion that the small states tmk too high ground,
; and that nothing but the indispensable necessity of
,forming a constitution previou ly to the dissolution
lofI of the convention induced hinyto support what he
j Considered as too great a concession on the part of
I the large states. Various publications, of a recent
date, under the signature of the venerable patriot,
^Edmund Pendleton, inculcated the propriety of sev^
4ral important alterations in $e constitution ; and
there is every reason to believe that those publica
tions were correct indications of the general senti
।merit in Virginia. Mr. Eppds, a member of Con-,
gress from that state, in the address to his constitu
ents in consequence of wjiidi he obtained his elec
tion, announced his determination to advocate sev
eral very important alterations of the constitution,
loneI one of whicli should have for its object the reduction
of the time for which the Senators are elected, and
also, if my recollection be correct, to render them
liable to be recalled by the state legislatures. Mr.
Breckenridge, a native Virginian, and a distinguish
ed member of the Senate, declared in the debate
upon the late amendment, that nothing could be
more aristocratic, in his opinion, than the election
of the Senators for six years ; but that he wished
not to connect an alteration of the constitution, in
that respect, with the amendment then under con
sideration. Another able member of the Senate de
clared in my presence, that nothing could be clear
er than that it is totally wrong to have a Senate at
all in a republican government. Manyßepubli
cans of other states as well as Virginia, have de
clared to me that very important amendments cf
the constitution must and will take place in a few
years.—One member from Virginia, in the presence
of several members of both political parties, told
me thutthe time for which the Senators are elected
must be reduced to 2 years,that this alteration Would
soon be agitated; that it would be a test ba which to
try the republicans; and i^at no member could be con
sidered a republican who should oppose it. I have as
certained that a very great proportion of the re
publicans in Congress are of opinion that the con
stitution is too aristocratic, that the small states
possess too great weight, that the judiciary is by
far too independent, and that the following altera
tions of the constitution must be made, as soon as
the public mind can be prepared for them.
^ l. To reduce the time for which the Senators are
elected to two years—This would soon render the
Senators from the small states the mere tools of the
large states, and would lead to the total destruction
.of the Senate.
I 2..T0 carry the election of President to the peo
,plc at large.—This would destroy all the remaining
I weight of the small states, as states, in the election
i of the President. The weight of Vermont relative
;ly to Pennsylvania, in that election, is now in the
ratio of 6 to^O ; It would then; be only as 4 to 18'.
3. 1 hat the judges shall be appointed for a few
years only.—. Comment is here unnecessary.
Possibly there may be no just grounds 'for my a
larm upon this subject, but although I may be too
credulous I am certainly sincere in my fears.
I Should no attempts be made to alter the constitu
tion, I shall be willing to be considered, not only a
week alarmist, but a visionary politician.
„ Much is said of h plot to divide the Union. It is
imputed chiefly: to the federalists, but attempts have
not been wanting to implicate thenorthern republi
cans. I have expressed myself in. favor of a union
of the people in the northern states in general senti
ment, '° r 'be purpose of securing to us qur due
weight in the councils of the nation, and for pre
serving instead of destroying the constitution : but
I wish that union to takeplace upon republican prin
ciples and nd other ; upon the genuine prin
ciples bf the constitution alone. Were, the
nothern states as well united as the southern; we
should not be so unreasonable as to desire more
than cur due degree of political weight, and that
the southern states would be willing to allow' us,
for they must dread a dissolution of the union equal- 1
iy with ourselves. No person in the United States
I can more , ardently desire the preservation of the
Uqion than myself. I shall always be prepared to
spill the last drop of blood in its support. I believe
th? only way to preserve the Union is to preserve
the Constitution. , May, both terreserved ! May
the Constitution and the Union be perpetual!
These are the sentiments of a Vermont republi
can, who, without aspiring te preeminence, wiil
;never consider himself inferior tQthe republicans ;
f of Virginia. My little farm* of igcres, is culiiva-|
Ited by my own hands ; my bimmer of the south|
' possesses hundreds of slaves scanered over thou-I
sands of acres. Speculatively the Virginian mayl
be a better republican than I am ; but his republic|
' Canism is certainly not quite so practical as mine.
I JAMES ELLIOT.|
—_. CT — of the;
I P. S. Since writing the above letter, some tired 1
alterations of the constitution which I had vent Mr.
to predict, have been moved in congress, by
Randolph of Virginia, and Mr. Nicholson of Mary
land, and are made the order of the day for the
first day of the next session. I am also possessed of
evidence to prove that some of Mr. Randolph's most .
able supporters in Congress have boldly avowed ;
their hostility to the constitution in all its essentiali
parts.
It is possible that my alarm upon this subject may'
be a vain one. I hope that it is so. But, in the al
ternate triumphs of the two great parties in our;
country, I have seen enough to convince me that
party spirit is capable of every species of delusion
and violence, in the support of favorite measures ;,
and I sincerely believe that we are in danger of
I witnessing a political tempest, fraught with ruin to 1
the rigl,s of the small states. It is known to every
member of Congress from the northern states, that
the majority of Virginian statesmen, entertain o
-4 pinions, in reference not only to constitutional prin-I
ciples, but to the great interests of commerce, which'
are at variance with the sentiments of men of all
I parties in tins quarter of the union. In these opin
ions our Virginian brethren are honest. They have ;
; sketched for themselves the system whicli they
1 think would best promote the prosperity and glory
'of the union, an 1 they will support that system with
] energy. Our own Reclaimers who resort to the
j farewell address cf the great Washington, for dc
-1 nunciations against those who “ misrepresent the
opinions and aims of other districts," act unjustly in
censuring those who -represent correctly the senti
,ments and views cf politicians in other quarters. I
!have trade this correct representation under the
1 strongest impressions of duty. And jealous as lam
{of Virginia, I will support as an individual, a Vir
:ginian candidate for the office of President, so Icing
' as that state shall present one qualified, above all
I others, for that station. As the present President
I will probably decline a third election, I am induced I
I to believe that Mr. Madison and Mr. Randolph will;
I be candidates for the next presidency. In that e- 1
I vent the people of the northern states will consult
I their own interest an,that of the union by support
-ling Mr. Madison. Attached to the constitution from
litsI its infancy, his administration would be guided by
! its principles—And it is to be hoped that the charr-
I ot of the Sun will never be committed to the guid
ance of a second Phaeton. In other words, it is
to be hoped that genius and eloquence, combined
with habits of cool reflection and profound investi
gation, will ever be considered as forming supe
rior pretensions to the Presidency, to genius and
eloquence alone.
JAMES ELLIOT.
It is confidently reported and believed, that the
President of the United States will serve in his
PRESENT OFFICE, no longer than his present
term. The reason,which has been supposed to influ
ence his determination, will -cast no disgrace upon
the previous lustre of his life. Mr. Jefferson is the
friend of rotations in office. He is an enemy to
that monopoly of it, which should keep it for any
long time in the hands of a single individual. He
knows, that the longer any man remains in office,
the smaller opp ortunity can others have of acquir
ing it ; and the smaller this chance, the smaller will
be the incitements for them to deserve it. He
knows too that a permanent continuance in office
rot only enables a single individual to accomplish,
gradually, a system of measures, and tocollGOt a
round him a set of instruments favorable to his own
usurpation, but that it prepares the people them
selves for an undue reverence towards particular
men or particular families. Next to an unusual
and extraordinary 'authority exercised by an indi
vidual, such as exists in the head of an army, there,
is nothing, so capable of inspiring a respect for a
permanent and excessive power, as wielding the
lusual executive authority for any long period... It
is at the same time reported that Mr. Jefferson is
; willing to give an additional proof of the honoura-
Ible liberality of his views, by consenting to serve in
I any of the executive departments under a successor
r whom he may approve.... Should these reports be
correct, is it not time for the republicans of the
' union, to agree at once upon some -candidate whom
;they will place in the presidential chair ?°
[JVeWyork paper.
Yesterday we called the attention of the publicto
; the indecent and wicked use which the Aurora an'd
' its scribblers made of Bible characters,and cf the rid
licule which was attempted to be cast on the devo-
Itions of anOld-Testament Saint, "the sweet singer in
:Israel." But to day we have to record an act of the
' greatest atrocity and blasphemy, which must make
every one that hears it, shudder. One of the lead
ers.of the Revolutionists in this city, drew.a check
on one of the brinks in the following words :•
“ Pay to Jesus Chrut, or bearer," &c.
This check was regularly signed by the drawer,
and presented at the Bank, where it excited great
indignation. What think you, reader, of this ? Wfiat
think you wf the men who can league with this
I monster of depravity, in endeavouring to overthrow
I constitutions and governments ? It is again repeat
ed, that the man who drew this horrible check, is
a leader of the revolutionary party in this city. It
can be verified,if necessary,by the testimony of dien
of the greatest respectability. Now reader, turn
your attention to the proceedings of the ward meet
ings as published in the Aurora on Saturd,; Monday
and to day, and see if there are not names of men,
who prefers to hope for eternal salvation only thro'
that name which this depraved wretch has mocked,
who are associated with him in his revolutionary
career. Fremail's Journ.
If, says a most eloquent writer, we survey tht
various regions of the globe, what dreadful scenes
of wretchedness every where present themselves to
cur eyes !in some,we see thousands chain'd to the oar,
and perpetually suffering from the inclemency of all
weathers & their more inclement masters ; in some
not fewer condemned to wear out their miserable
lives in dreary mines,deprived of air and day-light ;
and in others' , much greater numbers torn from
theifr motive country,their families and friends, and
sold'tb the most inhuman of all tyrants, under
whose lash they are worn out with fatigue or expire
in torments. The history of mankind is indeed little,
4 more than a detail of tlreir miseries, some inflicted
by the hatid of Providence 3: many more by their own*
wickedness and mutual ill usage. As nations we
see them sefoetimes chastised by plagues, famines
inundations and earthquakes ; and continually de
stroying each other With fire and sword ; we See
fleets and armies combating with savage fury
and employing against each other every instrument
cf torture and death, which malevolence can invent
or ferocity use, we see the dying and the deadhud- j
4
; died together in h,Tps, and weltering in Jch ethers|
Ibl x>d —and can w&be spectators of this ~rrid tra-
I gedy, without considering the perform efrs Is ccn*
jdemned criminals, compelled, like the gladiators of
;the antients, to receive their punishment from er.cn
I other's hands ? I'he orator, the poet, and the histo
!rian, may celebrate them as heroes fighting for
ithe rights and liberties of their respective ccun
-Itries, but the Christian philosopher can look tiftn
them in no other light than as condemned spirits
exiled into human flesli and sent into the world tol
chastise each otlrcr.— Port Folio.
€ —i2j~^x^====-=zzz^=jAz=x= — ——^^^^^:
BY THE MAILS.
New-York, Ma;|27.
I Extract of a letter from an -officer on board the
I Revenue Cutter, dated PalHe April IP, 1105.
I “ Shortly after we sailed down to the Belize, and
lay there for some time.-.the 16th. inSt. news came
to us by the. pilots, that tlrcre were 2 Providence
; privateers off the mouth of the fiver, boarding and
plundering all vessels that went out or came in ;
and had actually taken possession of the schr. Fe
licity, from Campeachy, bound to New Orleans,
American property,within two miles of the land, at
' 2P. M. The captain went ashore at the Block-
House, and got 11 volunteers, which made our
compliment of men 29, as we b»d but 18 souls on
board, and the privateers were full of men, and 8
; twelve pounders. At half past 2 we got under
' weigh, every man to his quarters, and cleared the
decks for action. At ,P. M. got within shot, anil
fired a signal gun at the Felicity, whicli she paid no
attention to. At half past three, fired two more
guns, which she did not mind. The privateer close
along tide of her, and pot willing to give her up,
we rounded to and gave the privateer a broadside,
which she returned. The other coming up, they
both kept up a heavy firing, which Ive did also for
one hour, when they sheered off, and abandoned the
Felicity, which we immediately took possession of
and rro't her close under the land, where the ac
tion commented, Ind came to anchor.-—We were
obliged to lay by our quarters all night. We had
no damage done to the Cutter; not one shot struck
us. But I beleive one cf the privateers sustained a
good deal of damage. The Felicity was close bv
the scene all the tirae, and observed ourshot fall on
. board of there.
1“ The supercargo cf the Felicity, brought on
; board the Cutter $ 12,300 to Ive secure, and there
'wks about $ 17000 more in the held, which he cculd
not get at. The vessel and cargo are worth about
$ 85,000, which I expect we shall have a salvage
on for recapturing her."
Boston, June 3.1
MASSACHUSETTS LEGISLATURE.
The committee appointed to examine the returns
of votes for Governor and Lieutenant Governor,
have reported to the House. The following is a
statement of the votas constitutionally returned,
viz.
FOR GOVERNOR.
Whole number, - - 64,113
Necessary to a choice, -- 32,057
That hi# Excellency CALEB STRONG, Esq. has
32,988, and is chosen.t
FOR LIEUT. GOVERNOR. Y
Whole number, - . . 61.874
Make a choice, - - - 30,938
His Honor Edward H. Robbins, Esq. has 31,046,
and is chosen. || j7° The votes in sixty-two tcvnß
not being returned agreeably to the constitution
hate been rejected by the Committee. Had these
votes been properly returned, the whole member
for Governor, would have been 68,966— 0 j which
his Excellency Gov. STRONG, having 35,204,
would have been elected. The whole number for
Lieutenant-Governor, would have been 66,601.—
and no choice would have been made by the foeqde Y
the votes being—for Lt. Governor Robbins,
33,082, far General Heath, 33,250, and £6 scatter-
The following account of the I^oss cf the ship Sal
ly, of Hampden, Capt. Bugby, is taken from a pro,
test made at Salem, on the 30th uit. by Capt. Bug
by, his 2d mate, and John Bradley, a seaman, who
arrived there after being fortunately picked up at
sea.—' Be it known, &c. that on 10th April, 1805,
they sailed in said ship Sally, from Charleston, S. C.
bound for Greenock, ioadediprincipally with cotton,
that the ship was then staunch and sound, and that
nothing remarkable happened on the voyage, until
the 25th April,"being then in N. lat. 42, 30, long. 52,
the weather foggy and a fresh breeze from the N.
W. when about 10 o'clock, in the evening the Capt
'being then on deck, called to the watch, to keep a
good lock out—the watchman answered—and in a
bout two minutes after, the ship struck an island.of
ice, without any previous warning—her bowsprit
and foremast were carried aiv ay, instantly with the
.shock—the ship immediately cleared the ice, and
we put 'her before the wind—the pumps were then
rigged, and in about 10 minutes after she struck,
were set to work.—there were then 3 or 4 feet of
water in the hold. The Capt. immediately .gave
orders to clear away the bales of cotton to discover
the leak—rthey soon found that the ship's bows were
beat in ; the stem and Several timbers started : they
, however endeavoured to check the leak by Stuffing
in Cotton ; but after two hours ineffectual labour,
were driven away by the quantity of water which
entered, and finding all means to savethe ship were
fruitless, they prepared for the preservation of their
lives and accordingly about 1 o'clock in the morning,
they cut away the mizen-mast, and got out the long
boat into which was put a barrel of bread and half
barrel of pork, the water being stowed between decks
could get nettle. The ship continued gradually to
settle, from about 1 o'clock till 3, when she sunk
and totally disappeared." The crew consisted of
the Capt, two mates, 8 seamen, Steward, and cook ;
there was only 1 passenger on board. Their names
as follows— hahiucl Rugby, Capt. Isaac Snow, Ist.
mate, David Riddle 2d do. John Bradley, Samuel
Peirce, of Beverly, John Peterson, a German An
toine Nelson, a Dane, Jacob Johnson, a Swede,
James, Gardner, of Boston, Samuel Webber, cf de.
. James Lewis, of New-York, Robert Hibbert, of do.
John Davinnis, a black man seamer : and a Mr.
Williams merchant of Nova-Sectia, passenger. ()f
the above, the Capt. 2d mate, J. Bradley, J. Gard
ner, J. Lewis and & Webber, were the only per
sons who were saved, the remainder, rot having
embarked in the boat, from a persuasion that the
ship would not immediately sink, unfortunately
went down with her, Gardner Lewis' and Webber
tore put on board the schr, James of Marblehead,
which has not yet arrived.
A very important alteration has taken place in
the dre:s of the Swedish army ; which is stated, in
a letter from' Stockholm, to have arisen from the
following ludicrous circumstance : “ The Counters
of Guldenkind, celebrated for her wit and bsut,
dining at the King's table at Stralsund, in company
with colonel De Sture, who had an # uncommon fine
head of hzir, made many pleasant remarks upon
the inconvenience of such a part of dress to a soldier.'
After dinner she placed herfelf : ehind the Count's
chair, with a pair of sciscors,, and switched, bybfos