Oracle post — Portsmouth, N.H., 1805-03-12 00:00:00, page 2

are=;#; V-.^jQrnnm^^
isions, nevertheless were not to be considered as
authorities binding on the courts and juries of this
country, but merely in the light of opinions enti
tied togreat respect, as having been delivered af
ter full consideration, by men of great legal learn
ing and ability.\
These are the opinions which he did, on that oc
fusion, deliver to the counsel for the prisoner, and
which he then thought, and still thinks, i\ was his
duty to deliver. Tne counsellors, admitted to prac
tice in any court of justice, are in his opinion, and
according to universal practice, to be considered as
officers of such courts, and ministers of justice
therein, and as sush, subject t% the direction and
control of die court, as to their conduct in its pre
sence, and in conducting the defence of criminals
on trial before it. As counsel, they owe to the per-
Notwithstanding these transactions, so repugnant
to every sentiment of moderation and justice, I have
recently received a communication from the French
Government containing professions of a pacific dis
position. I have in consequence expressed my earn
est desire to embrace the first opportunity of restor
ing the blessings ,of peace on such grounds as may be
consistent with the permanent safety and interests
of my dominions ; but I am confident you will agree
with me, that those objects are closely connected
with the general security of Europe ; I have there
fore not thought it right to enter into any more par
ticular explanation without previous communication
with those powers on the continent, with whom I
am engaged in confidential intercourse and connec
tion ; with a view to that important object and es
pecially with the Emperor of Russia, who has giv
en the strongest proofs of the wise and dignified sen
timents with which he is animated,and of the warm
interest he takes in the safety and independence of
Europe.
The skill and intrepidity of my navy, the respec
table and formadable state of my army and militia,
the unabated zeal an improved dicipline of a nu
merous Volunteer Force, and the general ardor
manifested by all clases of my subjects, have indeed
been sufficient to deter them from so presumptous
and desperate an enterprize. While this spirit
continues to animate the Country, and its volunta
ry exertions for its own defence subsists in thei, full
vigour, we need not fear the consequences of the
most powerful efforts on the part of the enemy ; but
never forget that our security has arisen from the
Resolution with which we have met and provided
Against the danger, and that it can be preserved on
ly by steady perseverance and unremitting activity.
The conduct of the Court of Spain, evidently un
der the predominant influence & coutroul of France,
compelled me to take prompt and decisive mea
sures to guard against the effects of hostility,—have
at the same time endeavoured, as dong as it was
possible, to prevent the necessity of a rupture ; but,
in consequence of the refusal of a satisfactory expla
nation, my minister quitted Madrid, and war has
since been declared by Spain against this country,
I have directed a copy of the Manifesto; which
I have caused to be prepared on this occasion to be
laid before you, together with such papers as are
necessary to explain the discussions which have tak
en place between me and the Court of Madrid.—
You will, I trust, be convinced bv them, that my
forbearance has been carried to the utmost extent
which the interests of my dominions would admit ;
and while I lament the situation ofSpain, involved in
Hostilities contrary to its true interests, I rely with
confidence on your vigorous support in a contest
which can be attributed only to the unfortunate pre
valence of French Counsels.
The general eowduct. ofaha Freircli Government
on the continent of Europe has been marked by the
utmost violence and outrage, and has shewn a wan
ton defiance of the rights of neutral territpries, of
the acknowledged privileges of accredited minis
ters, and of the established principles of the law of
Nations.'
son accused, diligence, fidelity and secrecy, and to
the court and jury, due and correct information,
according to the best of their knowledge and abil
ty, on evert matter of law which they attempt to
adduce in argument. The court on the other hand,
hath power, and is bor/d in duty to decide and di
rect what evidence, whether by record or by pre
cedents of decisions in courts of justice, is proper to
be admitted for the establishment of any matter of
law or fact. Consequently, should counsel attempt
to read to a jury, as a law still in force, a statute
which had been repealed, or a decision which had
been reversed, or the judgements of com* in coun
tries whose laws have no connection u ith ours, it
would be the duty of the court to interpose, and pre
sent such an imposition from being practised on
the jury. For these reasons, this respondent thinks
that his conduct was correct, in expressing to the
counsel for Fries, the opinions stated above. He is
not bound to answer tore for the correctness of
<hose principles, though he thanks them incont^||
ble; but merely for the correctness of hit
lives in delivering them. A contrary opinion re
convert this honorable court, from a court of iff
peachment into a court of appeals ; and wild lead
directly to the strange absurdity, that whenever the
judgment of an inferior court should be reversed
on appeal or writ of error, the judges of that court
must be convicted of high crimes and misdemean
ors, and turned out of office : that error in judge
ment is a punishable offence, and that crimes may
be committed without any criminal intention. A
gainst a doctrine so absurd and mischievous, so con
trary to every notion of justice hitherto entertained,
so utterly subversive of all that part of our system
of jurisprudence, whiji has been wisely and hu
manely established for the protection of innocence,
this respondent deems it his duty now, and on every
fit occasion, to enter his protest and lift up hisvoice :
and he trusts that in the discharge of his duty, infi
nitely more important to his country than to himself,
±e shall find approbation and support fr the heart
of every American, and of every majp throughout
the world, who knows the blessings of I v± liberty,
or respects the principles of universal forces
tit is only then, for the conpanels of hi& mo
tives in delivering these opinions, th?t he cairnow
be called to aniwer ; and this correanefs ought to
be presumed, unleh the contrary appear by feme
direa proof, or by some violent pteiumption, ari
sing from his general conduct on the trial, or from
the glaring impropriety of the opinion itfeif. For
he admits that cases may be fuppoled, of an opinion
delivered by a Judge so palpably erroneous, unjust
and oppressive, as to preclude the possibility of its
"having proceeded from ignorance or mistake.
(To be continued)
Since the end of the last session, the preparations
of the enemy for the invasion of this Kingdom have
teen continued with incessant activity ; but no at
tempt has be w made to carry their repeated men-
Tiaces into eftect.
LONDON, lan. 19, 1805.
Hi& Majesty's Most Gracious Speech to both
Houses of Parliament, on Tuesday 15th Jan.
1805.,
My Lords and Gentlemen,
BRITTA IC MAJESTY'S SPEECH,
and announcement of War with Spain.
He then proceeds to relate the transactions of the
legislature at their winter session in 1799, and after
some introductory remarks, says that Col. Langdon
Mothers petitioned the legislature foran incorporation
of the Union Bank, and thata counter petition was
brought forward by Mr. Peabody and others, shew
ing cause why an incorpation ought not to be granted,
& praying that unincorporated banking associations
might be restrained ; and the decision of the house
thereupon, which was that both might withdraw
their petitions—and then adds that, notwithstanding
tliis determination of the house, the senate passed a
bill to restrain unincorporated banking associations,
and sent it down for the concurrence of the house.
Ail the while this business was transacting the
writer does not pretend that the governor had the least
hand ih it.
But now comes on the grand drama in which the
°t^@re'ffi ''Qy er h or acted a most conspicuous
a large field opened for
^^^ ^^ neglected by the
^Bank"—(and as
ft , A. s<{th^ 5 <{ th^ ^ * n ylntrigue by the pro
fyi ace fr. 4k we are undoubtedly to
C to this writer that there was
, v seems to be wrought up to the
hig and struck as it were with admiration,
app ? ^ihepeople to know if they thought it pos
sible that the governor should concern himself about
matters of gelation, as being under the sanction of
an oath to preserve the constitution : and seems to
insinuate that in case he should giv£ an opinion con
cerning a bill it would be a violation of that oath—
not recollecting, I presume, that the constitution
had provided that nobill should bec<%ne a law with
out being approved of by the governor, unless two
thirds of the other two branches of the legislature
agreed to the same.
But what does the writer make appear that the governor
did while this bill was before the house ? Why, indeed he
sent a billet to 'a portion' (as he expresses it) of the mem
bers of the house, defiling them to call on him at a certain
time—and Lkewife that he did speak with (at lead) some
of the members when he accidentally met them—(horrible
crime !) He then mentions the conversation which paled
between the governor and those members whom he had
desired to call upon him, which he acknowledges was such
that 'the governor said he was willing it should be pro
claimed upon the house top? Strange evidence of intrigue,
indeed 1 He then asserts that some of the members, who
voted in favor of Mr. Peabody and others withdrawing
their petition, now voted for the paffiog of the bill on
which occasion he supposes they were appointed to offices,
although in his opinion no better qualified than those who
voted againA the bill—or in plain Englifh,oot so well qual
ified as himfelf, who he fays has been negleaed.
I have now followed the writer through all the charge,
brought against the governor, and as I was then honored
with a feat in the legislature, and probably one of the per
sons alluded to, I must prefame to have as good a know
ledge of the tranfadions of that session as the writer him
fclf, and will in my turn lay before the public a true fate
ment of fads relating to the tranfadbons aforefaid.
As for the quotations from the journals, mentioned by
,<he writer, they are undoubtedly correct. I thall there
fore pass over all the tranfa&ions until the bill for retrain
ing unincorporated banking associations was parted by
the Senate, in as much as the writer himfeif does not pre
tend that the governor had any fharc in the bufineh, and
confine myfelf wholly to what parted afterward relative to
the charges brought against the governor ; and the fird
thing I mail notice is the “ billet 1 ' he fays “ was sent to a
portion of the influential members.''Why he ffiould use
the ward 'portion' I know not, untefs it were to make the
people believe that there were a configurable number in
cluded in that Word, He might as easily have said my-
Glf and two more, which was actually the case, l,d
Gentlemen pf the Hanse of Commons,
I have directed the estima.js for the publick ser
vice to be laid before you—l regret the necessity of
any additional burdens being imposed on my people ;
but I am sure you will be sensible how much their
future safety and happiness depend on the vigour
of our exertions, and that in the mode of raising the
supplies, you will continue to shew your anxiety for
the support of public credit, and for restraining as
much as possible the accumulation of the national
debt.,'
My Lords and Gentlemen,
In considering the great efforts and sacrifices
which the nature of the contest requires, it isa pe
culiar satisfaction to me to observe the many proofs
of the internal wealth and prosperity of the coun
try. It will, lam sure be your great object to main
tain and improve those advantages, and at the same
time to take all sucli measures, as by enabling me
to prosecute the war with vigour, may afford the
best prospect of bringing it to a safe had honourable
termination.
£, As a reply to the detraction and misrepre
sentations published in the late numbers of the 05-
servitory against the character of Governor Gilman,
the following piece was sent for insertion in that
paper ; that the effects of this antidote to their poi
son might be felt as extensively and in the same
places as it had operated. Considerable credit so
due to the writer of 'Fair Play' for the cooh,%s
and candour which he exhibits while detecting and
. exposing the base motives by which 'a frte& to
insistency' 'is actuated.
■ From THE POLITICAL OBSERVATORY.
Editor,
AS the professed design of your paper is to give
correct information to the public, I trust you will
not decline giving the following a place therein.
Having observed several pieces in the Observato
ry signed “ A Friend of Consistency," written with
an apparent design to prejudice the minds of the
people against governor Gilman as chief Magistrate
of this state,& being fully convinced that a fair state
ment of facts has not been made, I deem it a duty to
endeavour that the people should be undeceived as
to what respects the characters of their rulers, and
when that is the case I believe for the most part
they draw judicious conclusions.
As to the three first numbers, I shall hare very little
to say, as the sum of them seems to be no more'
than that gov. Gilman at one time thought it might
be as well if the electors of president should desig
nate in their votes whom they wished to be presi
dent, and whom they wished to be vice president ;
and that afterwards he altered his opinion, and
thought that the constitution would-be better as it
then stood—but shall confine myself to his remarks
made in his number printed in the Observatory on
the ninth of February, wherin I think every circum
stance has been exaggerated to an unreasonable
degree.
In the beginning of this number the writer whol
ly disclaims having any enmity to the person ofthe
governor, and only acts with a patriotic view in giv
ing to the people his official character As chief Ma
gistrate—and as the writer is a person for whom I
have ever had the greatest regard,—l sin
cerely wish that nothing had followed, ivhich could
be considered by those acquainted with every cir
cumsance as well as himself, as a contradiction of
that assertion.
New-Hampshire Election.
__<£>— —
From the Farmer's Museum.
For the use of such of the town committee
men, who were chosen by the Legislative Demo
cratic Caucus in Concord at the last session, to di
rect their townsmen how to vote at March meeting,
and to furnish them with votes beforehand, the fol
lowing dialogue, byway of anticipation is respecfully
submitted and presented by one of their fellow citi
zens. Flee Suffrage.
Dialogue between the the influential Mr. Busy
andhis neigbour Farmer Fairdealing.
Mr. Busy. Good morning Mr. Fairdealing.
How does so severe a winter as we have had agree
with your constitution?
Farmer Fairdealing. Good morning neighbour.
The weather has been very severe but by prosper
ous management, laying ih a good stock of fuel, and
attending to my own business, the severity of the
weather does not much incommode me.
The next thing I (ball notice is what the writer asserts
'that those who voted to give leave for withdrawing both
the petitions, and afterwards voted in favor pf the bill had
valuable offices assigned them by the executive, although
they had n® better visible claims than those who maintain
ed a confident ground throughout the whole affair? Whe
ther the writer, by these expreflions, meant to deceive and
impose upon rhe people 1 will not determine; but certainly
his information is incorrc&,cfpecially if he alludes to those
members who received billets from the governor, as it
plainly appears that he does; for there has not, to this day,
been but one of the three appointed to any office by the ex
ecutive, and that not until several years afterwards, and
not on the firft vacancy neither.
Upon the whole I am truly astonished that any person,
becawfe he thinhs his abilities not fufficientlynoticed, or to
carry a particular point in politics, should either inadvert
ently or intentionally be guilty of reprefentiog a matter in
such different light from what it ought to be, but this is
fufficieut to difeover to us what a lengfo we may be car
ried by political prejudices. I sincerely lament the party
spirit which prevails amoogft us, and hope the time is not
far distant before it will intirely be done away, and that
instead of endeavoring to destroy the characters most de
serving of confidence, we shall feled tthofe, and only those
to manage our important affairs of flute.
It is the firft time I have put pen to paper on political af
fairs since the Rate has divided into parties,and'f am deter
mined it shall lie the last while they exist, and nothing-now
would have tempted me to have undertaken the talk, bad
1 not firmly believed that one of the most upright char
adlers in the date had been unjustly calumniated cither
through prejudice or for some political parpofe not more
laudable. FAIR PLAY.
Mr. B. At the last session of the Legislature
holden at Concord, before the members dispersed,
we had a caucus, or meeting of real Republicans
to determine who were the suitable candidates for
state officers: We determined we would not let in
a single cursed Federalist, so we were obliged to
use great secrecy and cunning.
F. F. Well, that does not look hugely like old
fashioned republicanism, to exclude one class of
men and admit another ; bacause those who were
absent might be able to give important information
on any subject in debate—However, I suppose the
meaning of words changes as we grow older and
more enlighented.
Mr. B. Why, Farmer F. if you had had the ex
perience in public employment that I have, if you
had,seen what a set of aristocrats have held all the
offices in the state, with Governor Gilman at their
head, and that arbitary tyrant, Oliver Peabody,
though thank God he's now out of office, you would
not be surprised that I should want to have such
.men out, that their places might be filled with some
of us good republicans.
F.F. Why I never knew that Mr. Gilman was
an aristocrat : nor that our late Treasurer was an
arbitrary man. It's true, lam not acquainted with
them personally, but neighbour Thrifty has seen
them both, and had business with them, and he tells
me they are not overbearing men ; that they treated
him handsomely, and mildly, and seemed very much
like our own folks.
Mr. 3. We must not believe all that is told us.
former F. We ought to examine for ourselves.
Governor Gilman has been in office long enough :
and it is well known he is not a friend to Mr. Jef
forum and his adminiovute- Now if we could only|
succeed in ousting him, and getting in John Lang
don, we should have the state & national administra
tions go hand in hand. The federalists would then
hold no offices of trust or profit, and we republicans
should come by our right, and you, Mr. Fairdeal
ing, might be appointed to some office.
F. F. If I thought my services would be benefi
cial to the public, and I was capable, I should not be
averse from public employment ; but I could not be
justified in accepting an office, at the expense of a
worthy man, though a federalist.
Mr. B. They are all rogues at heart. Have you
seen all the lies published in their papers about our
beloved Mr. Jefferson ? They call him a coward..,.
They say he tried to debauch his neighbor's wife ;
to wrong a frend out of a sum of money he lent him,
See. &c. all sheer federal lies, Farmer F.
F. F. I thought so too, for a long time, Mr. B.
but as I read the papers on both political sides, I
have lately seen published, a debate in the Massa
chusetts Legislature, when these charges were re
peated by a member of that legislature, whose au
thority, vou know, is high, Mr. B. and whose situ-|
ation makes the charges assume a serious cast ; I !
say I have aeen this debate, and the member offer-
frequently received billets tom the governor drifting me
to ca'l upon him, and so had the writer who has flow bro/c
ft rwird nis charges against him. But the Saturday before
the oneulluded to I went out of town with a friend%,nd
at ray return on Monday I found a billet at my lodgings
from the governor, desiring me to call on him after dinner,
which I accordingly did, and found him entirely alone.
The conversation turned upon several fubje^s, but not a
ward passed between uS concerning the banks—after 1 had
been there about half an hour, two more of the members
came in, and after some time the conversation turned upon
the banking business, and the governor observed that he
had nothing to fay upon the fubje& but what he was wil
ling the world ihould hear (or to that effedl) ;he said it was
his opinion that the Union Bank was set on foot in opposi
tion to the government, and that there never would be a
union between the hanks any more than there could be be
tween oil and vinegar. This is the substance of the dis
course on that fubjed as near as I can recoiled—and lam
certain I had as good an opportunity of knowing what
passed at that interview as the writer of the charges against
the governor, for I was there before him and flayed until
be went away—and I am positive that the governor never
expressed a wish that either of us would take an a&ive part
in the affair, or even vote in favor of the bill, neither did i
ever hear, during that session, of his mentioning the matter
to any other persons.,
But, fays the writer, we were influential members. I
feel myfelt under obligations to him for that information,
otherwise I never should have known that I belonged to
that class.
Mr. B. I see, Farmer F. that every thing fy
round you bears the marks of good husbandry.—
You have a full yard of cattle, a plentiful supply
of hay, and every thing to make life -comfortable. I
called upon you, Farmer F. with a view of having
a little conversation respecting our approaching town
meeting and if you have no objection I will pro
ceed.
Farmer F. Please to go on, Sir, —I am always
ready to receive information.
——^—
FROM THE SAME
Mr. B. All a federal lie, Farmer F.
F. ': 'pvas said also that he paid aMr Cal
lender for libelling Gen. Washington and Mr. Ad
ams ; and that Callender declared it and published
the fact ; and the letters that passed between Mr.
Jefferson, in his own hand writing, and Mr. Callen
der, are still to be seen in Virginia ; and my neigh
bor Thrifty, who has seen it, says that Judge Chase's
answer to charges lately brought against him, al
ludes pretty plainly to such a circumstance.
Mr. B. I tell you, Farmer F. it's all a federal lie.
F. F. They say also that Mr. Jefferson offered
Tom Paine, the one that blasphemed our Saviour
and abused Gen. Washington, a national ship to
come over from France to this country, and give us
more of his useful labours. Mr. Jefferson's letter I
have read in the Museum, and I never heard of his
friends denying it.
Mr. B. Why, Farmer F. I am out of all pa
tience. I tell you it'sa lie forged bv the cursed fed
eralists. . V
An obliging friend has furnished us with the Lon
don Sun, of the 13th Jan. which contains the Empe
ror Bonaparte's first speech to his Legislature—He
uses .the terms “ my fafile" " my throne" and
“ My Ministers" as familiarly as if he had been a
monarch of fifty years standing. In one part of his
speeeh, he has "the following sentence.—" the g
WEAKNESS OF THE SUPREME POWER IS THE
DEEPEST MISFORTUNE OF NATIONS." What
will Mr. Jefferson now say, of "the enlightened gov
ernment of France." We shall give this speech at
length in our next.' fCefeM
'• '• Well but Mr. B. if all these things were
not true ; I am sure they might be proved to be so,
without much trouble.'
'' '' I, ""? to " he is the dissatisfied gentle
man who turnishes the distorted facts publishing; in
the Observatory against Gov. Gilman. I find bv a
piece signed 'Fair Play' in the same paper, that
they are manifest misrepresentations.
Mr. B. That's all federal management. See
here s our list of senators too. Gen. Clement Sto
rer at the head, Richard Jenness, &c. and in your
own county, Gen. George Aldrich.
'• ^ Ah ! I was a few years since acquainted
with the General, and thought liim a pretty clever
man then. I am sorry to see him in bad company-
Mt. B. This is our list of real republicans, Far
mer F. agreed to be supported as such bv the most
distinguished, influential ' and honorable republicans
there were in the Legislature.,— There was not a
federalist at the meeting ; and the candidates them
selves were mostly present.
^•F. That I think, on one principle, is much i^
their favour. For every man is apt to think he
knows his own merits best.
Mr. /(. W ill you vote for John Langdon for gov
ernor, Farmer Fl?
'*' " I thought Mr. Langdon a more suitable
man titan Governor Gilman, he should, have my
vote. I have uniformly given it for Mr. Gilman.
He has been a long tried servant of the public, if
not 'a long tried patriot.'—l should unwillingly dis
card him to put in one of the integrity of whose prin
ciples I have weighty doubts. I will not discard,
my hired man Joseph, who has served me faithfully
five years, unless he proves unfaithful.
Mr. B. Look at these names, Farmer F. John
Langdon at the head. There's Nahum Parker too,
of our own county for counsellor.
F. F. The member was very particular in stat
ing that lifter Mr. Jefferson had made his attempt
upon the purity of his friend's wife,and after it w 3
made known by her to Mr. Walker, that with his
guilt staring him in the face. Mr. Jefferson made
Mr. Walker an apology, though not till after Mr.
Walker had demanded satisfaction by his friend'
Gen. Lee.'
Mr. B. Why when it is done by republicans, and
evidently for the good of the people, I can see no
harm in it ; though it Would be manifestly improper
in a federalist ; because they are 'all monarchists
all aristocrats.'—Well, what say you, Farmer ~
liave not I told you plainly this is the republican
list ? There, Farmer F. take that ticket, put it into
the box. That's for governor. This one is for
counsellor. This you will observe is for senator.
You'll remember that ? I think, as you say you was
formerly acquainted with the general.
F. ^ I beg, Mr. B. you will excuse my declining
your friendly services in this particular. My vote
I can, without much trouble, put on paper myself;
or I can direct one of my boys to write one for me ;
or as neighbour Thrifty and I generally agree on
these matters, I can at the meeting request him to
furnish me with one at the same time he does him
self.
Mr. B. You had better take one of these, Farm
er F. Your single vote may, "keep the country out
of lordships."
F. F. There is one part, at least, neighbour B.
of your advice, which I thank you for, and which I
will improve. You observed in the course of our
conversation that "we must not believe ail that is
told us, we ought to examine for ourselves." I
shall endeavor to profit by it.
Mr. B. I never meant you should apply it, in the
choice of republican officers.
F. F. It is so good a general rule, I think it unne
cessary, neighbor B. to vary it on the present occa
sion.
Mr. B. Well, good morning, Farmer F.
F. F. Good morning to you, neighbor B.
„ Farmer Fairdealing . Mr. Busy after leaving
.alone. Farmer F.
Jam really to be.under A cursed federal aristo
singular obligations to cratic this same Farmer
neighbour B. forhis offi-Fairdealing. I had some
cious friendship. I must doubts about him. He's
either think more of the such a steady d—l. And
weakness of his under- he never read Paine's
standing, or less of the Age of Reason. I doubt
goodness of his heart as- much tho' he seemed to
ter this. He must have insinuate that he had,
taken me to be an apeif whether he ever read the
he supposed I should pin Observatory. Send him
my faith on his sleeve, a file for the year past,
g've up my privilege of not of all of them tho*
ee suffrage and submit and ask him to give them
to be led about by apolit- a candid perusal. Get ,
ical jack o'lantern. I be- Simon Slyboots to call on
lieve it is a duty I owe him as a kind of a sub
my fellow citizens to cau- committee man na
tion them against undue der me. Tell Simon te
influence at the coming say a good deal about
election. § This lean do federal lies, monarchy
in general terms without men, aristocrats and o
making use of Mr B's ther outlandish animals
name as tho' I despise No other way to brow
such conduct, I should beat them—ls we go to
be loth to do lum a per- reason with 'em, we're
social injury gone. A cursed bad
morning's work, Devi!-,
ish afraid weshant make
) , any new converts- How
ever, the best way is to
keep moving
ed to produce evidence of cr.3'.of the drains : hot
Mr. Jefferson's friends were against the measure
lest the facts should be proved.
Mr B. All federal lies. Farmer F.