Oracle post — Portsmouth, N.H., 1804-05-01 00:00:00, page 1

tf==^^i^
Vol. XIV.]
Off ALL THE DISPOSITIONS AND HABITS
WHICH LEAD TO POLITICAL PROSPERITY
RELIGION and MORALITY ARE INDISPENSA
^^. ^PPPORTS." ■ »yi^rii^Mi > i Zfflcy.
MISCELLANT.
JUDGE PICKERING.
The following is the petition presented to the High Court
of Impeachments at Walhington, by Mr. Jacob S.
Pickbring, son of Judge Pickering, praying for the
postponement of the trial of the latter.
JACOB S. PICKERING of Portsmouth,in the
diftria of New Hamplhlfc,and fo.l of the said
John Pickering, against whom articles of Impeach,
ment have been exhibited by the House of Represen
tatives of the U. States, conceives it his duty most
' rripeafully to ftateto its high and honorable court,
the real situation of. the said JadgePickeriog^the fads
and circumfences relative to said articles wherein
he stands charged of fuppoled high cremes and
roifdlnear, % and to rtqueft that this court would
grant himluch term of rime as thtyfhaH think fit
and reasonable to substantiate this statement.
Your petitioner will be able to Oiew that, at the
ti:n; %bea the, e^m&i WKv'CA ^ tire fatii JuJU
stands charged, are supposed to have been commit,
ted, the Cid John was, and for more than two yerrs
before, and ever since has been, and now is iofane,
> his mind wholly deranged, anl altogether incapable
oftranUaing any kind of business wnich requires
the exercise of judgment, or the faculties of reason;
and therefore, that the laid John Pickering is inca
pable of corruption of judgment, no fubjtd of
impeachment, or amenable, to any tribunal for his
adions.,
That this derangement has been constant and
permanent, every <tayof his life comple ely demon
frating his insanity; every attempt for his relief
which has been prescribed by the faculty, wh^ have
been consulted on his case, has proved unavailing,
and his disorder has baffled all medical aid.
Your petitioner i; well aware that themoft con
; clufive evidenceofthe aforegoing fad would result
from an aAual view of the respondent, which, un
fortunately by reason of his great infirmities can
not now be, but at the hazard of his life—he is
wholly unable at this inclement season to lupport
the fatigues of so long a journey ; yet if the respon
dent's life be spared, and his health in any degree
restored, it will be the endeavour of your petitioner
that the said John (hall make his personal appear
ance before this honorable court at any future day
they shall think proper to assign.
Your petitioner will be able to shew, any pre
tence to the contrary notwithstanding, that de
cision made in the cuofe Rated in the firft article
„of impeachments although not the result of re
fledion, or grounded on any deductions of rea
son were nevertheless corred, perfectly conson
ant to the principles of justice, and conformable
to the laws of the land ; and the refufal of the
said judge to grant the appeal claimed by the
laid John S. Sherburne in behalf of the United
States was not against law, or to the injury of
the public revenue, as the third article of im
peachment supposes ; there being no law to war
rant such appeal in such a case.
, While wiih deep humility your petitioner ad
mits and greatly laments the indecorous and im
proper expressions used by the said judge on the
feat of juttice, as mentioned in the last article of
impeachment, he will clearly evince the injustice
of that part thereof, which refpeds his moral
character, and shew abundantly, that from his
youth upwards, through a long, laborious and
ufeful life, and until he was visited by the most
awful dispensation of Providence, and the mod
deplorable of all human calamities, the loss of
reason, he was unexceptionable in his morals, re
markable for the purity of his language, and
the corre^nefs of his habits, and the diviations in
these particulars now complained of, are irresis
tible evidence of the deranged state of his mind.
When this high & honourable court shall take
into their confederation the situation of this refpon•
dent, oppressed with infirmity, incapable of ma
king arrangements for his defence, the incle
mency of the season, his great distance from the
place of trial and the shortness of notice—When
your honors reflect on the high and atrocious
crime with which he stands charged ; in the de
cision pf which is involved, not his life, (indeed
hisfemains of life would be but a slender facrafice)
but that which to an honest mindis more dear than
life itfelf—hi good name—When you advert to
the consequences attached to a conviftiori—the
indelible fttgma which will befalf a numerous
family whose only patrimony was the unsullied
reputation of their parent, which they have
ever cherilhed, and of which they fondly perhaps
too fondly hoped, .0 time or circumstance or
adverse fortune could deprivethem—When your
honors shall think on these things, your petition
er has strong confidence that the wisdom and
justice of this court will permit a' respondent,
whose integrity till now has been unfufpe&ed—
who has sustained offices high and honourable
through a long life, and the general tenor of
,whose charader and conduct has hitherto fur
nished him with a coat of armor against the as
. faults of his enemies, but who is now incapable
of defending himfelf or to be defended by his
friends.
Audi alteram partem, is a maxim held in rev-°
erence wherever liberty yet remains—The Sen
ate of America will be the last tribunal on earth, 1
that will cease to refpeftu—they will never con
demn unheard —they will never refufe time for
a full and an impartial trial.
That time, that impartial trial your petitioner
prays for— the charity of the law presumes the
innocence of the respondent—and your petition
er refpe&fully intreats, that in the mean time,
and more cfeeciaßy as the erte on which
the impeachment is founded, war taken ex-parte,
no unfavorable impressions may be made in the
minds of this honourable court,by,any reports or
extra-judicial representations which may have
been made on the fubjeftbefore them.
(Signed)
Jacob S. Pickering.
THE MEMORIALS.
Os Judges Shippen, Yeates, & Smith, of the
State of Pennsylvania, to the Legiflatcre of
that State.
(
L. From the Philadelphia True American,
is with difficulty we have been able to procure
the following memorials of the judges of the supreme
court—The firft of them was read in the house of
representatives on the zzd ult and ordered to be in
lerted at large on the journal, on motion of Mr. Por
ter—On the next day it was moved that the vote
should be reconsidered .• This was carried in the af
firmative, yeas 54 — nays 23. The original then
recurring, viz. “ (hall the memorial be inferred at
length on the journal ?” It Was determined in the
negative. S? that the mertrml will only uc ornic
cd on the journal to have been patented and read.
This singular attempt to (hut out information
from the public eye,wi'l, however, be ineffidud —
The people have a constitutional right to be iofor
med of, and to examine the proceedings of their
representatives—We will hereafter examine them
freely , with firmnefs—but with decency. An ac
curate and impartial account of their condud dur
ing the whole session, may, perhaps, exhibit a me
lancholly pidure to the world ; but it is expedient
that the character of the times fliould be corredly
delineated and if we mistake not, it will fill some
important pages in the hiftory of this didrafted
commonwealth ;
To the honorable the Reprefentatro-s of the Freemen of
the Commonwealth of Pemfylvonia in General Affim
bly met.
The memorial of the fubferibers, justices of the
Supreme court of the said commonwealth.
Rrfpe^/ull, Shelveth—
That your memorialifts observe that your honor
able boufe have ^pointed a committee to draught
articles of impeachment against them for a highmifde-\
meaner in their official capacity, by arbitrarily and
unconstitutionally lining and impriloning Thomas
Paffmore.
Qat their Several decisions, given on the most
mature deliberation in the different stages of the
profecution ? carried on against the said Thomas Pass.
rriore are flriftly confonantto the known &acknowl
edged laws of the state, and usage of courts of juf
tice; & that they then believed,and flillfa/, believe
those adjudications to be founded as well on prin
ciple as precedent.—
Thatthgtogh it does not belong to them to fay teith
what degree of legal knowledge they have difeharg
ed the high duties attached to their official Rations
---t^y confidently affert/hat in no ioftance what
fotVer has their tondua been tainted with corrup
tion or marked With partiality. They feel that they
have invariably administered thejuftice of the coun
try with the purest view!,—
Your memorialifts from a thorough sense of the ref
pedt due to your honourable body—and their own
characters as reprt Tenting in some degree one branch
of the government have patiently and silently en
dured the public charges made against them, and the
b.^ral improper publications relative thereto, ten
ding to affed and prejudice the public mind ; They
apprehend it now becomes their bounden duty to
meet those charges with firmnefs. A fpee/y trial
they confider as a mere ad of justice to themselves;
but they view the matter in.a more extended light
as involving the great interest of the community.
The administration of the law Should hot be per
mitted to rest in ftif|efted hands : Their ener
gy is impaired thereby, ' and the guilt or inno
cence of the party charged should be eftSlifcd
as early as possible a fair trial can be obtained.
Your memorialifts therefore beg leave to solicit
a prompt and speedy trial agreeably to the spir
it of the laws and constitution of this common
wealth, that equal and impartial justice may be
done as well to the citizens thereof as to them
selves. And your memorialifts, will pray &ci
EDWARD SHIPPEN,
JASPER YEATES.
THOMAS SMITH.
[Prefented March 26.]
To the honorable the Representatives of the
Freemen of the Commonwealth of Pennsylva
nia in General Assembly met,
Refpeftfully Sheweth,
That your memorialifts, immediately on be
ing informed of your honorable house having
adopted a report of the committee on the com
plaint of Thomas Paffmore addressed to you a
memorial,foliciting a prompt and speedy trial of
the adopted charge, that equal and impartial
justice might be done, as well to the citizens of
, the commonwealth, as themselves.
They now beg leave to represent that they are
pained by the reflection that they are not
jet furnifhed with the opportunity of defen
ding themselves ; They find themselves subjec
ted to obloquy by the artful representations of an
offender against the laws, founded on mutilated
and imperfeft records and grouridlefs insinua
tions, and earnestly desire to bate it in their
power to remove that cloud with which they have
been industriously enveloped.'
They further fugged a consideration which
tcannot have efcapedthe wisdom of your body,
that in a government of laws resting ma great
measure on public opinion, whatever has a ten
dency to throw a public odium on the magist
racy, neceffarliy leads to a relaxation of the obe
dience due from every individual to the laws
of the country, apd is attended with the most
injurious consequences to the community : It
therefore becomes iudifpenfablc, that the ippref-
ORACLE POST.
TUESDAY, May 1, 18%
oc -'creQxrararcratotragQnfflgraßt^
ficih thus created should either be removed Orl
e(b)iifhed in the most speedy manner. l
\ut; memorialifts conceive themselves enti-1
tied to a fpeedypublic, & impartial trial : They 1
fel a confeioufnefs, that they hays never inten- 1
tionapy deviate I from thewords or spirit of that
corf'.itution which they have solemnly sworn to
support {-—They disclaim all exercise of power
according to arbitrary will :—The known
laws of the land have been their uniform line of
concaft :— Their sense of reputation, both indi
vidual arid official, they submit to the feelings of
the o notable members of' your house who will
duly ippreciate the fame.
Ihey will readily agree to any fair measure
which may accelerate the trial of their proposed
impeachment. They hold themselves in teadfo
nefs 10 appear before the honorable Senate on a
moral's warning.
Your memorialifts therefore take the liberty
of re crating their anxious felicitations , for a
pror, it and speedy trial ; 'and that your honor
aW'/ life will pursue such measures, as yohr
W^&'o ana Office fh^l point out, p order to
effgi; ^c this w abie purpoie. —
And your memorialifts will pray &c.
EDWARD SHIPPEN,
JASPER YEATES,
THOMAS SMITH.
[Prefented March 27.]
To the Senate of the Common aith of Fennfylvamd.
The memorial of the fubferibers justices of the
supreme court of said Commonwealth.
R^fpedfully Sheweth
That your memorialifts have undetftood that
the honorable house of representatives have pi e
ferred articles of impeachment against them, for
high mifclemeanor in office, by arbitrarily, and
unconfthutionally fining and imprisoning Tho
mas Paffmore.
They eerily believed that every thing they have
done in the premises, in their judicial capacity
is warranted by tae laws and confutation of the
state ; and their consciences acquit them of eve
ry fpecias of corruption and partiality what
ever.—
They have urged a speedy trial by two me
morials to the house of representatives ; they are
prepared to answer for their condud ; they de
mand, as a matter of constituent and common
right, a speedy public trial,by an impartial court
to confront their adversary, and meet the wit
nesses fact to face ; —
They cannot difemble their fatisfaftion that
they are Entitled to a hearing in a court of a
justice, where their conduft will be judged of
by the evidence alone ; —where passion, prepos
session and prejudice cannot enter ; and where
a due difeharge of the official duties of che mem
bers is secured to them by the fanftion of reli
gion, a solemn appeal to heaven.
Your memorialifts beg leave to represent, that
their labours of the last term are just terminated,
and they will soon be called to the performance
of other duties in the circuit courts ; they im
plore you as men of honor and vritue, to take
into your feriods confideratibn, whether thus
charged with a breach of the constitution they
have sworn to support, and with arbitrary con
dnft unsupported by law they can with proprie
ty, go into the different counties to administer
the justice of the country ; and whether such a
step while the charge against them remains un
tried would not reflet disgrace on their individ
ual and official characters in the eyes of every
virtuous citizen,& do irreparable injury to the 0-
bedience justly due to the laws.
They therefore request your hon. house td ap
point an earlyday for the trial of their impeach
ment, which they are anxiously prepared to an
swer, and to grant them compulsory process for
obtaining witnesses in their favor—
And your memorialifts will pray &c.
EDWARD SHIFPEN,
,JASPER YEATES,
THOMAS SMITH.
From the Repertory.
Those who were best acquainted with Mr. Jef
ferfon, before he was /President, very well knew
that he had no business talents. His knick knac
atory merit was never doubted. The mechan
ism of h mouse trap is much a more favourite
fubjed With a virtuoso than the right construc
tion of a Commonwealth, and the microfcopick
eyes that can fee hillocks in the meal of a butter
fly's wing, never fail to diminish and confound
great objects as much as they magnify little ones.
But the fare effect of railing a little man to
greatness, is to render his vanity doubly jealous
of detection ; accordingly there is no Court in
Europe or on the Barbary coast, no Prince or
Dey so testy and vindictive towards che "new
political hereticks" that spring up to raise doubts
of his wisdom, as we find our American Solo
mon.
As the man is excessively vain of the amazing
powers of his pen, his highflown half French
quidnunc speeches, afford a very faithful (ketch
of character. It is justly said that when writers
fall off from pathos and the sublime, they make
up the deficiency mol jabundantly in morals.
Accordingly the messages, not Speeches, are
most edifyingly moral.. It seems as if the very
Joseph Surface of the School for Scandal had
written them. The miser closes his hand as he
reads about the national economies ; the Quaker
fees nothing blood thirsty in his fentimencs, for
his bloody Arena itfelf overflows with milk ; in
furiate man finds that he can scarcely hate and
feat Judges and restraints more, himfelf. In-
Read of Rating what he had to communicate
plainly so as to make it understood, he talks
about it, so as to persuade us that he is equal to
iby thing in political business, except doing it.
mßMßt^RrannmHß^mnmnßmtmnmraß
Late Omissions.
Sandy Hook Beacons. — Two of the veffcls which
went ashore at Sandy Hnok in consequence of the
extinguishment of the lights in the beacons by the
order of our Genevefe Secretary, have since bulged,
and their cargoes will be principally, if not entirely
loft. The duties on these cargoes, wh are informed,
would have amounted to upwards of twefoethoufand
dollars, a (um which would not only have been more
thin Sufficient for the purch^e of the ground on
which these beacons were erre Red, but would pro
bably have paid the expeuce of 'maintaining them
for ^ veral years.
What (hould we think of a public officer whose
duty it was to (uperintenu and promote ire interests
of commerce, who fliould difed lights to be so
placed along our coast as to deceive the mariner,
and lead him to certain flipwreck? Can any man
hesitate to fay what such conduct would deserve?
And howdoes this case differ from the removal ofa
light that has before served asa guide by which
veffcls are to regulate their approach to land ? —lft
either case there is deception and the government
fliould be re'ponfible forks corhquences. In the
present instance the trade ot our city is to be in con
stant jeopardy, because Mr. Jefferion' sminiher will
not pay the proprietors of certain land ? reasonable
compensation for it, but irififted until detered by
the verdia of two Juries, or appropriating it to the
use of the public upon his own terms. This atro
cious condpa ought to form the fubjea ofa strong
remonstrance to the general government which we
hope our merchants will dot hifitate todo with be
coming spirit. N. Y. Herald.
Extras of a letter from a gentleman in Bermuda,to
bis friend in Norfolk, dated the 3d of March 1804-
“ Captain Cobb, of the brig Th mas, failed
from your port for Jamaica. Not far from thae
Tllan, he was engaged by a French privateer
of about 80 men ; they kept up a constant firing
of musketry for about two hours. C pt. Cobb
kept them off by two pieces of cannon, which he
used as stern chacers, out bf the cabin: at length
Captain Cobb, received a b;l through his arm
and while below to bin I up he wound the mam
at the helm quitted his quarters, and pave the
French an cpp rtunity of boarding the brig—the:
barbarous wretches were no sooner on deck,
than they began to cut and kill 41 before them;
two they left dead and seven m ; ferab y butchered,
amongrt whom was Capt Cobb. All the woun
ded they put into an open boat without a quad
ran compafs,bread or water;the negroes that were
not wounded they carried off. This is the third in
ftarice of their cruelty we have just heard of.
Fortunately Capt. Cobb's wounds are healing,
and he is again with his family
PROVIDENCE, APRIL I.•
Fraud on Under writers.
In October last, one Thomas Shivers, resident,
at the Havannab, inclofed to captain Samuel
Packard, of this town, sundry papers, purport
ing to be a regular invoice, and bills of ladings
for 360 hogsheads of sugar, said to^have been
(hipped in the schooner Eliza, John Neifon, maf
tet, and consigned to the said Capt. S. Packard,
_ with orders to insure the fame, which was ac
cordingly effefted, to the amaunt of twelve
thousand dollars, in the office of the Providence
Insurance Company —On the 3d of February
following, the faiu Nelson appeared; , with a reg
ular protest, dating that said schooner was calt
away on the 19th November on the Florida
Ihore, and totally 1011, himfelf and one other person only
being saved. Capt Packard being then on a Voyage to
the Havanna, and having since returned, informs, that he
difeovered to fatisfadion that no such shipment was ever
made, said schooner being at the Havana when he war
there—and having since intercepted a fetter from Nelson
to Shivers, fully confirming the whole.
Bank Bill Counterfeiters again.
We last week mentioned the arrest of fevera!
persons for making and counterfeiting Bankßills.
' Since that time, four others have been commit
ted to goal in this town, belonging to the fame
gang. There are now 7in close confinement,in
this goal, and 3or 4 undo; bonds, with sureties
for their appearance at court. Among these we
find the hoary bead,juft enripening for the grave,
and youth, who were " in the full tide of fuccefs
fut experiment," in the ranks of iniquity. Fa
ther and son are lodged in the fame prison, and
brothers here meet to join in fraternal embrace.
A Mr. Raymond, and a Mr Roberts, with fev
others of the fame fraternity, were arretted in
Boston,& committed tothe goal in that town last
week ; a °d also a capt Flint, arid two persons
by the name of Batchelder,were arretted in Dan
vers, and committed to the gaol in Salem. Peaf
ley, the engraver of the plates,is confined in New
buryport gaol. The work of arrest we believe
is still going on in the lower towns of Massachu
setts, and when all are cohered would make a
fine freight for a new settlement at Botany Bay,
or the Ingraham Islands. The Supreme Juid
cial Court commences its Spring term for this
county on Tuefday next, at Hopkinton, when
those who are here confined will be wrought to
an impartial trial. Until this takes place, we
(hall forbear mentioning their naffies as we would
not wish to cast a reproach on any one, who is
not really guilty.
The energy and spirit with which th's profecu.
tion has been conduced refleas great credit on
those who have been engaged in it. [AmberJlfop.
Two eminent Jews, the son and son-in-law of
an aged lady, have been executed at urrinam
for canting their negroes to commit a murder
The mother having been acceffiry to the crime
was brought to' the gallows to witness the exe
cution of her children. 100,030 guilders hare
been offered to have; their lives fp ued.
[No. 30.