Oracle post — Portsmouth, N.H., 1805-01-22 00:00:00, page 1

THE PORTSMOUTH ORACLE,
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ngranfflorercrerohi ^.^ u: ^'-™=™"^^
New-Harnfflire Legifature,
House of Representatives.
Debate and the answer to the Governor's
Speech, particularly the clauje regarding
the Mafahufetr amendment of the Na
tional Gonftitution.
Mr. Wilson, from Peterborough.—
« Mr. Sneaker, 1 had not the honor of
being one of the committee to draft the
Answer, in queftioh. The whole of the
answer reported, excepting the two par.
□graphs, ' beginning with the words,
“ The Stateins," and ending With toe
words, “ Agricultural as New-Hamp
fliire," has my'approbation, ' But to this
part of the answer, Sir, I cannot consent.
Lt appears to me, to be giving an opinion
w e^aturely upon a fubje^that is not now
but which regularly and foi merly coming
before this Houle. And it is undoubt
edly the meft important fabjed to be ag
itated here this session. The proportion
of our filler, Massachusetts, to amend the
Constitution of the United States, fothat
Representatives may beapportioned,in the
several Bates, according to the number
of free inhabitants, is coming before
this honorable body i n the form of a Re
solution, uooh which after a discussion,
this House will ad. If it appears reason
able and properthat reprefentat ^es (hould
be . portioned according to the number
of free whites, they will then vote to have
the Confutation amended ; but if it
(hould net appear reasonable to a majori
ty of this House, why. then they will vote
to let the Constitution stand as it is.
But. Sir, I object to this House pledging
themselves to vote against this amend
ment in this incidental way. If 1 have
any underfill ng, in this anfwerwe are
plaimy % telling our constituents and the
world that wemtend to rejed thisamend
mert But it that be our determination,
whydo it in this way ; why not wait till
the roam quefoon comes before us ? I
hope, Sir, every member on the floor of
this House is capable of judging of the
impropriety of thus committing them
felves.' It is 'proper, fir, to consent to
have our hands tied and our mouth fen
led, so that whiter. %may be the convic
tion of cur minds on any lubjcdf that is
to come before us, we ihall not base the
liberty of exploding that conviction ?
My opinion is, Sir, that rm ad in this was
neither^ honorable manly orwife. We
could not relped or confide inthe judge,
who, when a point of law, undecided &
doubtful, was about to be argued before
him, liquid tell the c.ounfel that he would
give judgemar and hear their arguments
1 afterwards-! Will our constituents con
fide in, or refpecr us, who as a body, and
.part of the L^hture, are capable of
putting upon the journals an opinion up
on a fubj^a, which we are told, is to
come before us which opinion will be so
dear and decisive, as to render the dis
cussion oftbat fubjeft a ihameful mock
ery ? Sir, I believe this House has com
mon sense, and if it has it will never vote
for that answer in gross. It appears to
pie, Sir, that foina Gentlemen are afraid,
fe meet this proposed amendment open
% and fairly. They feel the necessity of
. voting againft' it from party views ; at
the fame time they feel afraid to hazard
their popularity. Hence this fly and
unfair modeof proceeding. Gentlemen
are right to fear public opinion, for I ne
ver will believe, Sir, that the,citizens of
New-Hamplhire are in favor ofthe negro
Ireprefentation. And if this answer isnot
Vol. XVL]
OF ALL THE DISPOSITIONS AND HABITS WHICH LEAD TO POLITICAL PROSPERITY, R^LIGBN AND MORALITY ARE INDISPENSABLE SUPPORTS. —WASHINGTON.
giving an unequivocal opinion against
the proposed amendment. I will consent.
to be called an ideot."
Mr Bell, from Franceftown—
"Mr. Speaker, I was one of the com
mittee, and one of the majority of that
committee, who were in favor of the an
-Ifwer as it now stands. The remarks of
I the Gentlemen from Peterborough are
predicated entirely upon falfe conception
and error. If the. Gentleman means to
insinuate, that I am afraid to meet this
amendmej&if he was never wtong be
fore, he is now egregiously so, Sis I am
riot afraid to meet this amendment, lam
not afraid to aft upon it. It is objected
I that in voting for this answer the House
commit themselves upon the fubjaCt of
the amendment of the Constitution.
This is not true, Sir. If I understand
the English language, and can place any
confi lence in my own senses, there is no
thing in the answer, which would expole
thole who vote for it, to the change of
inconsistency, though they should after
wards vote in favor of the propcted
amendment. It appeared, Sir, to the
majority of your committee, that this,
answer should be what it purports to oe,
an answer. to the Governor's address.
The Governor, in his address, in men
tioning the amendment proposed by
Massachusetts took cccafion to observe
that the advantages which were supposed
would be derived from direct taxes, and
which was supposed to be the equivalent
for our unequal representation, had prov
ed only nominal. We tho't this calcu
lated to make a wrong impression upon
the public mind, and that this impression
ought to be counteracted in the anther.
We therefore, have taken the liberty of
stating that we did not think this equiv
alent merely nominal ; that we had in
one instance realized the benefit of the
equivalent though it was very incorifid
erable, and that hereafter we should pro
bably realize further benefits. Is this,
Sir, pledging ourselves to vote against
this amendment ? No, it is not. When
the qufteion on the amendment comes
before us, I believe we shall aft freely &
unihackled by any former votes, and I
hope with decision and wisdom."
Mr. Upham, from Claremont, —" I
had not, Sir, with the Gentleman last up
the honor of being of the committee to
draft an answer to the Governor's address,
and shall not, therefore, personally feel
any disappointment or chagrin, let the
answer go in what ihape it will. But,
Sir, I entertain an opinion upon the pro
priety of that an fwer, which 1 cannot per
mit to pass in filence.^ This Infwer ex
pressly Rates, that we have already real
ized an advantage from the article pro
posed to be amended ; it goes on and
Bates further, that recurrence to dired
taxes will be indispensably necessary, &
in that event, the proposed alteration,
should it take place, would be severely
felt by a state so entirely agricultural as
ihe state of New-Hampfbire. If this be
not plainly expressing an opinion against
the alteration of the constitution, I must
confefs, that to n?e thereris no meaning
in language, and that I can place no re
liance upon the testimony of my own
senses. So evident, does this appear to
me, that before. I could ask the members
of"this House, to fay and believe that it
did not contain this opinion, I must firft
be affined, that they liad resigned their
freedom of thought and of action impli
citly to my guidance. I object, therefore,
to this part of the Answer, becaule it is
in the firft place) expressing an opinion
on an improper uccafion, or as the Gen
tleman from Peterborough fays because
the House thereby commit themselves.
In the Jecond place, Sir, I object to it
because it contains sentiments, that are
incurred. This answer, encourages,that
recurrence will be had to dired taxation
and that in that case we shall feel an al
leviation of the burthen of taxes; pro
portionate to our inequality in represen
tation. This, Sir, is altogether delusive.
O-O Afi 1? 13<\^'T
TUESDAY, JANUARY 23, 18%.
Recurrence will not be had to direa tax
ation. With the present administration
especially, every reason will operate against
any new attempt at direct taxes. The
. experinjent'that has already been made
fl)ows that direct taxes are unpopular
even in New-England. Perhaps nothing
contributed more to put th,e old admin
istration out, and bring the present one
into power. That mode of taxation is
certainly unpopularin theSouth, because
it m&esthem pay a larger proportion of
tart^ian any other mode. What pos
sible inducement, therefore, can the pre
sent administration have to lay a tax which
though beneficial to some parts of the
Union, is so universally unpopular, that
it would put to hazard their influence ?
None, Sir. They will have recourse to
ajiy expedient before dire& taxes. They
will tax our commerce, and through that
the neceffiries of life, till the expense of
'living will more than counterbalence all
the other a /vantages to be derived from
our fituation^ habits, enterprize and in
dustry. Before they will recur to dired
taxes, they will borrow money—yes Sir,
and that way increhe the public debt,
till the revenue, arising from our com
merce, will not be more than fufficient
to pay the annual interest. The hope
also, tint a change of men, which may
be likely to take place in thegeneral gov
ernment, will be attended with a change
of measures, is also delusive. Though
the men may change, the administration
will be of the fame cast. My opinion
is, Sir. that the preponderance, given to
the South by this article ofthe conftitu-
Ition in point of representation, and the
late amendment of the constitution, as
to the choice of President and Vice-Pre
sident, will, unless the present amend
ment is adopted, completely secure te
them the controul es the general govern
ment. They have the powers which,
befidet its intrinsic weight, begets addi
tional influence, which again increases
their power and influence, they direst all
the meafures.' In this answer to the
Gov ernor's address, we are telling our
constituents, that advantages are derived
and to be derived, to us, from that part
of the article proposed to be amended,
which makes dired taxes and represen
tation go hand in hand : and that this
should induce us to be content under the
other part of the article, which gives to
the slave holder three votes for every five
slaves. And we are told this is put in
to the answer to counteract the expres
sions of the Governor, that this supposed
equivalent of direct taxation, had proved
nominal only.' I appeal to the feelings
of this house, whether for any advantages
which we have derived, or which we hope
to derive fremdired taxes, it is not nom
inal. It is nominal because no recur
rence will be had to it. It isin fa& worse
than nominal. Instead of being consid
ered as an equivalent for not being repre
sented, nothing is more unpopular than
direct taxes. In operation instead of an
equivalent for a parted right, it is consid
ered as a grievance, so that the people of
New-Fngland, while they submit to the
inequality of representation, would rather
support the government in any other way,
than by the enjoyment of this pretended
equivalent. Besides Sir, there is feme
thing inexpressibly base and mean in the
idea that a people will barter away their
right to equal representation, for a par
tial exemption from taxes. It is a cor
rupt and flavith sentiment, on which a
virtuous and republican people, ought
to frown with indignation. If Sir, pecu
liar circumstances, invite a people to sub
mit to a government, in which they are
not equally represented, a manly & gen
erous pride ought to make them disdain
to receive any thing as an equivalent for
what in a political point of view, is una
lienable and inestimable. It is setting a
.price on liberty, which is high treason a
gainst the dignity of man.
This answer, also contains the follow-,
ing elaufe, " We believe 'hat our nation-
al constitution is happily calculated to
reconcile the different interests and lo&l
feelings of the several parts t.f the Union*
To this sentiment, [ cannot lubferibe. If
there was any prominent principle for
which we contended in the revolution,
it was for reprefention ; that is for equal
reprefentat ion ; for unequal Teprefema
tion and no representation are one and
the fame thing in principle; though not
in degree. If there is any one truth,the
whole force of which is acknowledged in
New-England ; if there is any one max
im that has entwined itfelf arbund our
hearts, it is the right of equal representa
tion in the government, that taxes and
controuls us. The article proposed to
be amended, which giv^s to the slave
holders in the South above their equal
representation, a number of representa
tives exceeding the whole number Sum
New-Hampfhir%Rhode-Iflandand Con
necticut, is in direct opposition to the
principles of liberty to our sense ofjuf
tice and our feelings and rights. This,
therefore, cannot, in the language ofthe
answer, be happily calculated to reconcile
the different interests and local feelings
of the several parts of the Union. No
Sir, it is calculated to excite division and
animosity. it not amended it will be
the certain source of altercation and war.
It this article be not foftened down te
the claims of freedom and justice, it wil
prove the rock which will thiver to pieces
the Union. Entertainingthefe sentiments
Sir, every one must perceive that it is im
possible for me to vote in favor of this
answer."
From the >FuJhtngton Federaliji.
\ _®c
Judge Chase's Speech
BEFORE THE SENATE.
MR. PRESIDENT,
I APPEAR, in obedience to a sum
mons from this Honorable Court, to an
swer articles of impeachment exhibited
against me, by the Honorable the House
of Reprefentitives of the United States.
Tothefe articles, a copy of which was
delivered to me with the summons, I
fay, that I have committed no crime or
misdemeanor whatever, for which I am
fubjedt to impeachment according to the
constitution of the United States. I de
ny, with a few exceptions, the aft wi&^
which I am charged. I shall contend,
that all adfs admitted to have been done
by me, were legal ; and I deny, in every
instance, the improper intentions with
which the ads is charged, are alledged to
have been done, and in which ther sup
posed criminality altogether consists.
But in charges of so henious a nature,
urged by so high authority, a simple de
nial is not fufficient. It behoves me,
for the legal jnftification of my conduct,
and for the vindication of my character,
to meet each- charge with a full and
particular answer : to explain and refute
at length, every principle urged against
me ; to flue the evidence by which I
am to disprove every fact relied on in
support of the peculation ; and to detail
all the fads and arguments on which my
defence is to rest.. The necessity of an
antver embracing all these objects, on ca
ses of impeachment, is obvious ; and the
right to make it, is secured by law and
functioned by uniform practice.
Such an answer it is my intention te
make.—it is my purpose to submit the
whole ground of my defence to the view
of this honourable court, of my country
of the world, and of those who are ,9
conduct the prosecution. So will my
judges come tb the trial with that £ full
knowledge ofthe whole matierin difpu§e,
which is effenti.il for enabling them lo
understand and apply the testimony and
the arguments : and thehonorable man
agers will be better prepared to refute
such parts of my defence, as they may
think untenable.,
rt<But fn a case of this kind, wher, &
aecqfation embracesfo grqit fl variety ^f
[No. 18.