Oracle post — Portsmouth, N.H., 1805-02-12 00:00:00, page 1

My cool judgment tells me that were I to vote
in favour of the pretent impeachment, in its pre
sent form, I must forfeit in my own estimation
that political character as a republican, which it has
been,the Addy of my life to acquire and preserve,
and which has hitherto secured me the confidence
of a people as truly republican as ever has existed
in any age or nation. It is upon republican
principles that I oppose the report. At the last
session I declared myfelf in fovaur of the impeach
meat to far only as related to the condud of Judge
Chafe upon the trial of Jimes Thompson Callen
der. I considered the conduct of the Judge upon
that occasion as amounting to a denial of important
constitutional privileges to Callender the privileges
of comptilfory process for witnesses , and of trial by
an impartial jury of his country ; and had the com
mittee taken that strong ground, I must have given
it my supp rt. They have however, abandoned
it ; and I am decidedly of opinion that if the con
dua of the Judge did not amount to a violation of
the constitution, it ought to be considered as a
mere error in judgment. And -for errors in judg
ment a m'agiftrate is not impeachable.
It is not upon any trifling or minute deftin&ion
between form and fubftrnce that I found my ob
jedions to the Second and third articles, but upon
what I consider ftfoag and solid ground.—But to
jibe fourth article there is a variety of objections.
After having fated io the second and third articles
every thing which it was necessary to state, when
the strong ground = € the constitution 'waslibando
nets we are presented with the blackcft catalogue
Georgia Claims.
Mr. Dana from the committee of claims, made
report on the application and representation of sun
dry citizens of various parts of the United States,
purchasers of Georgia Lands; which was referred
to a Committee of the whole for Monday, and or
dered to be printed with the documents."
[g,7, was moved that it be made tie order of the day,for the
third of March next, wbicb was negatived, only 30 members
. being in favor of it.]
It has already been stated, that Mr. Elliot of
Vermont, and Mr Smith of Virginia, were the only
democratic members of the house of reprefentitives
of the United States, who voted against the arti
cles of impeachment against Judge Chafe. Mr.
Elliot gave his reafuns for thus voting in the fol
lowing speech.
Mr. Chairman —As I have voted in opposition
to every one of the articles, and (hall of course vote
in the negative when they are considered in the
ag gregatc, itis indispensably necetTary that I should
make a few observations, in order to rescue my
fdf from theimputation of voting, on this occasion
io a different manner from what I did at the last
session ; although I am already juftified to my own
conscience.
it published every Saturday morning for the town
and vicinity, and
THE ORACLE POST
every Tuesday morning for the Country by
William and Daniel Treadwell,
at their Book and Stationary shop, opposite the
Court House, Portsmouth, Newham,hre.
Terms 150 cents per annum, 50 cents paid in ad
vance—Puctuall# forwarded to all parts of this
State, and the District of Maine.
The House was informed, that the Senate in coa
fiqXt<r ri fc. abh^ cf -the V'^ "-y^tat<:f
the United States, had appointed Mr. Anderton,
Frefident, pro baec vice, [Mr. Burr, it is said, has
Set off for New.Jerfey, to take his trial, for the
" murder" of Gen. Hamilton.]
The Secretary of War laid two reports on mili
tary petitions, before the boule, which were read
and committed.
THURSDAY, JAN. 17.
On motion of Mr. Randolph, an additional item
Was made to the rßog Appropriation bill.
On motion of Mr. Claiborne, the house went in
to committee, on a bill for making further provision
for the extinguifhment of the debts due from the
United States; which was agreed, reported to the
House & the bill ordered to be engrossed. [^ In
this bill provision is made for the payment of cer
tain debts which have been liquidated at the Trea
jury. Several motions to provide for unliquidated
claims, were made, and negatived. The duration
of the bill is limited to three years.]
The 1805 Appropriation bill was taken up, in
committee, the blanks filled ; the bill reported to
the House ; and ordered to be engrossed.
FRIDAY, JAN. 18, lßofr
Several bills were reported, which (hall receive
attention in more mature stages.
The bill for the relief of the widow Hazen, reli&
of General Hazen, was received from the Senate,
and after being amended, puffed both branches.
[^ By this bill (he is allowed a pension for life,
from the 4th Feb. 1803, of two hundred dollars,
per. aon.]
A bill for the relief of the fufferers by fire, in
New-York, was read twice, and referred.
Mr. Sloan moved a reiolution, that after the 4th
of July, 1805, all black;, born in the diftri& Oiall
be free, 00 arriving at a certain age., After several
questions, decided by Yeas and Nays, the resolution
was negatived. Yeas 31. Nays 77.
Vol. XVI.]
Eighth Congress.:::Second Sess.on.
O#ere—
HOUSE OF REPRESENTATIVES.
WEDNESDAY, JANUARY 16.
_^ at
Mr. Elliot's Speech
On the Articles of Impeachment against
JUDGE CHASE.
THE PORTS MO UTH ORACLE
National Legislature.
OF ALL THE DISPOSITIONS AND HABITS WHICH LEAD TO POLITICAL PROSPERITY, RELIGION AND MORALITY ARE INDISPENSABLE SUPPORTS. —WASHINGTON.
All Ari'lT IJAQT
Mr. Crowninshield said, he regretted the neces
sity of again troubling the committee on the subject.
The bill under consideration was highly interesting
to the merchants of the United States. He had re
peatedly stated his objections to the bill as it was
first reported, and as it was subsequently amended,
and had moved an amendment, which had been fi
nally agreed to. This was, to strike out the cargo
so that bonds should be exacted only for double the
value of the vessel, without reference tp her loading,
and he had the satisfaction to find that a majority
had been found in favour of the proposal. Without
repeating what he had. observed formerly, when
that subject was before the House, lie would call the
attention of gentlemen to the great value of some of
the cargoes shipped for this country. He was con
vinced that the East India trade from the United
States, could not be carried on to advantage, if the
merchants were compelled to give bonds in a sum
equal to the full amount of vessel and cargo.—This
commerce was extremely valuable, and he hoped
no embarrassments would be thrown in its way. If
we wished to restrain the trade to a particular island
in armed vessels, for his part he thought it might
be done without touching the whole commerce of the
United States, but he saw no reason why that trade
was to be wholly interdicted. It might be well to
oblige those who carried it on to enter into bonds to
double the value of the vessel, tackle and furniture
Conditioned that no aggression should be committed
on the vessel of a friendly nation, and he should not
oppose this regulation ; but in doing this, he could
see no necessity of extending these conditions to an
other vessels. He said that he was certain, if the
bonds were to be exacted for the cargoes of the East
India vessels, it would fall extremely hard on the
merchants of the eastern and middle States, who
carried on a great and increasing trade to India.
Some cargoes might amount to 3or even 400,000
dollars, and in such cases bondsmen could not
be procured. In general the cargoes were not
near so valuable ; but we employed upwards of one
hundred and fifty vessels in the India and China trade
and he hoped no restraints would be imposed on
The following observations are attributed to Mr.
Crowninshield, in the Debate on the famous St.
Domingo Bill. If there is any justice in them, the
truth of the charge can no longer be denied, that
the Virginia system is hostile to commerce. We see
by them that under the pretext of restraining our
vessels from committing unlawful acts of violence,
not only our trade to St. Domtngo was to be cut off,
but the whole commerce of the United States" was
to be affected, and on such a manner that " he was
convinced that even the trade to the East Indies
could not be carried on to advantage." Mr. Ep
pes, the President's son-in law, was extremely
anxious to hade the bill pass with its most rigorous
provisions, and to prevent our vessels being armed
at all, alledging that they had no right to it either
by the law of nature or nations ; and it required
the utmost efforts of the Members from the com
m ercial States and cities to paevent it. Mr.
Crowninshield may possibly be finally convinced,
when perhaps too late, that the interests of the
United States were at hazard in democratic hands.
I cannot vote for the last article without a vio
lation ofmy political principles. Ido not believe
that the expression of political-opinion is a crime in
a republican government. I have repeatedly de
clared that I considered it inproper in a judge to
read political leaures from the bench ; and I have
allo had frequent opportunities, both on former and
recent occasions, of expressing my opinion that ju
dicial officers ought not to be punished for declaring
their political opinions. We ought nut ourselves to
pradife what we reprobalein others andjt is always
deferable to carry our own theories into pradice.
With these powerful confideratons, others of a
different nature have naturally mingled themselves,
in my own mind, while refleahg on this important
fubjeft. Is there nodanger that the feelings and
views of party have, imperceptible to ourselves, in
volved themselves with our reflections and that they
will improperly influence ourconduß ? For myfelf
I am difpoled to look upon a member of our high
est judicial tribunal, upon whom, with correa
motives luch an irretiftible torrent of public o
pinion is precipitated, with a favourable eye. It is
our duty to endeavour to realife the ancient idea of
the blindness ofjuftice. Let us be blind as it ref
peds the man, blind to his political opinions, but
eagle-eyed as it relpeds his crimes. The pure foun
tain of juftiee ought no: to be polluted with a lift
gle muddy particle of the spirit of party.
I have said enough to explain my sentiments and
views upon this fubje&, and I will not trouble the
committee with a repetition of any of my arguments
at the last session.
of judicial crimes that has ever been invented. —
This article will ever form a phenomenon in the
biftory of impeachments, and command admi
ration by its wonderful display of the powers of in
vention, amplification and embellishment. Never
have been I more completely convinced that genius
is capable of creating any thing whatever, that it
poffefles even magic powers. We are here pretented
wch a stupendous pyramid ofjudicial guilt,of which
manifeft injustice forms the pedestal, and indecent
solicitude constitutes the apex. Judge Chafe is ac
cused of maniftft injustice, partiality, intemperance,
rudenels,vexation,folicitude, &c. &c. If this horrid
lift of the crimes of a judge is to be crowned by
" solicitude ;" if " foUcitude” is to swell the lift of
transgressions, I must dill be permitted to believe
that its decency or indecency has very little connec
tion wi*h.the effete of its criminality. £.tides
the condua of the judge was different at different
stages of the trial; and were I to confider his sup
posed solicitude as crimnal, I could not confider
the report as confiften: with truth, uulefs amended
so as to readin this manner ; —ln manifefting in
tne early part of the trial, an indecent solicitude, and
at its latter stages, a very decent solicitude for the
conviaion of the prisoner, &c. Solicitude is a
mere mental operation. Had the judge displayed
an anxiety to fare the prisoner, he might, with equal
propriety, have been impeached as guilty of sym
pathy, or pity.
Extract from the Debate.
TUESDAY, FEBRUARY 12, 1805.
Charles Cotesworth Pinckney is no Deist ; and
as afurther proof, that in other respects he is of
quite a different character from that of Thomas
Jefferson, let it be remembered, that when the Le
gislature of South Carolina met to choose electors
of President and Vice-President of the United
States, the friends of Mr. Jefferson, in that Legis
lature, offered to compromise with the friends of
General Pinckney, and appoint Electors who would
vote for Pinckney and Jefferson —by which mea
sure General Pinckney would have been chosen
President of the United States, but on this project
being made known to General Pinokney, he in
structed his friends net to agree to it—We would
rather , lose the whole votes of South Carolina—
he would father lose the Presidency, than gain it
by any means inconsistent with the principles of
honour. He considered himself bound in honour
to stand or fall with Mr. Adams—and chose to
remain a private citizen rather than be made Pres
ident of the United States through a breach of
this sacred tie."
Now contrast this instance of his conduct with
that of Mr. Jefferson's,prompting and hireing the
drunken libeller Callender to write and publish the
" Prospect before Us." Think of the base out
rageous falsehoods of that opprobrious publication
against General Washington and Mr. hams, and
then measure the distance, if possible, that sepa
rates such men as Charles Cotesworth Pinckney
and Thomas Jefferson — The one at the highest point
of human greatness—the otter far below what lan
guage can express.
_ _.
FROM WASHINGTON, Jan 8.
" Randolph , and Granger, are at sword's
points. The Georgia claims is the source of the
enmity — Any one, who has attentively considered
the fubje&, will be fupprifed, that any man, who
has the least regard for chara&er cap be found, who
can openly oppose thejuft claim of the applicants
—Yet Randolph, and a party which he overawes
by his unbounded insolence, takes every meaforc in
bis power to defeat the application —And you
may judge of bis temper, and the means be is ca
pable of retorting to, when you are told, that this
foie motive in callingupon the Poft-maQer-General
for a statement of the contrasts made for carrying the
mail, was the hope of finding that Granger had
made favourable contrasts with some Members of
Congress, in order to induce them to vote in fa
vor of the Georgia claims. On what ground the
fu/picion of such condua could be founded, I am
ignorant of. If Mr. R. knew of such condud,
he ought before this to have brought it before Con
gress from duty, and pot from spite.—The mea
sure, however, serves in a small decree so shew
how our affairs probably hre condufted; and what
opinion one democrat has of another. Time i
a powerful feerct dUdUcr.'!
taat commerce. The ships engaged in voyages be
y°nu the Cape of Good Hope were generally provid
er: with arms, merely to defend themselves against
[rates, who were sometimes found in those distant
a ' ban in this house be willing to sign bonds for his
£ )oar Hr that amount ? They would not, it might
cur .4. Is it probable then, that one merchant
't.rd • wety f,r ano rrat the cu:ibm-!fotts£
for these enormous sums ? If the bill should unfortu
nately pass with a condition to include the value of
the cargo in the estimate of the bonds, he ventured
to predict that the revenue would be sensibly di
minished for the next year. He should not be mucli
surprised, if it fell short nearly a million of dollars.
It would be impossible to procure the necessary
bondsmen in all cases, and the merchants must give
up their voyages to East Indies in armed vessels ;
and if they disarmed, they exposed their property to
almost certain loss. If the bill was properly amend
ed, Mr. Crowninshield said he believed he should
vote for it, though he did not like its provisions ;
but.he supposed something must be done, and he
would willingly consent to regulate the particular
commerce, so frequently alluded to ; but he could
not approve of the bill in its present form.
Sc: 3, and he knew of no instance where they had
1 1 de any unlawful use of their arms, and he presu
n r l none would occur in future.—Why then should
v' 'compel the owners of these vessels to give such
Iv ~„ bonds ? Why embarrass commerce unnkc
, arily ?* Commerce will be always most flour
™' n g when left most free to individual enterprise.
In ome cases these bonds would operate to the in
ju of our European trade. It was well known,
th a vessel of two hundred and fifty or three hun
di : tons, loaded with sugar and coffee, would be
w • h nearly one hundred thousand dollars. Would
•Would Mr. Eppes (one of whole motions was then
the fubjedl of debate) tell him why ?
Ashart time previous to Mr. Jefferson's first
election to the Presidency, Abraham Bishop col
lected a number of anecdotes again t the private
character of Charles Pinckney, and was about com
mitting them to the press as an offset to the charg
es of deism, &c. exhibited by the Federalists 'a
gainst Mr. Jefferson. But luckily for Mr. Bishop
and his party, Pierftont Edwards was informed
of the project. Pierpont knew more of public
characters than Abraham—He informed his friend
that the publication of the stories he had collected
would be of no service to the cause of democracy,
as Charles Pinckney was one of its ablest support
ers in the State of South Carolina, and that he
ought to observe that it was Charles Cotesworth
Pinckney, who was held up by the Federalists for
the Vice-Presidency, and not Charles Pinckney, as
he had supposed. Abraham, upon acquiring this
irfYraation very prudently taia aside his project.
But we observe that some of our democratic prin
ters have gotten hold of one of these anecdotes,
and from the same mistake are bandying it about
as applicable to the character of General Pinck
ney, lately voted for, by the Federal Electors for
President; but which only applies to Mr. Jeffer
son's Ambassador to Spain ! The moral character
of this ambassador (Charles,Pinckney) is such as
very demonstrably proves our President a " ter
ror to evil doers, ond a praise to them that do
well ! !!”
Miscellany.
#O*- ore
From the Trenton Federalist.
When to the Eiftward, and running down the
Craft, (ifin the night, come no nearer than five fa-"
thorns ; this depth will carry a vessel clear of Cour
antine Shod, which is hard sand ;) if in'the day
time, the Courantine may be easily known, the
Eiftern point makes with a large Bluff and thick
Wood to the Eastward ; when abreaß of the River,
the Ifhnd in the middle may he plainly seen. Af~
vi pain ^th a River the coatl ^p, ">rs broken wttr,
brutes and settlements all the way to Berbice. This
coast having been fettled within these four years,
Mr. Blunt's direaioHS are very erron eou , and ought
by no means to be followed. The Snow Comer,
of Baltimore, Bunbury by following Ms. B's direc
tion, got ashore on a find bank'to the Eadward
of Berbice river, and was wfeh difficulty got offia
a leaky condition, about thirty days since."
Demarara, Dec. 3.
Messrs. Russell &: Cutler.
Extract of a letter from Martinique, dated 16th of
" Capt. M. informs me the underwriters in the
United States with to have this 11l u>d cotfidered
in a state of blockade, and demand premiums in
proportion to the supposed rifque. I presume before:
the receipt of this they will be otherwise informed ;
there his not been any blockade here tince August
last ; during the months of August and September
several American r effels were carried into Tortula,
Antigua, and Dominique, for adjudication, under
charge of breach of blockade. When awaiting their
sentence a positive order arrived from England for
the delivery of every American vessel so sent in,
at the fame time censuring in severe terms the illew
gal usurpation of Commodore Hood.
" I have deemed it necessary to give you this in
formation, for your future g vernment, at the fame
time, keep in view that our vessels are liable to be
overhauled by British men of war, in that case it is
only necessary to have proper certificates of proper
ty, and that the return was aaually purchaled with
the proceeds of the outward cargo."
As several accidents has happened to vessels com
ing on this coast by mistaking Courandne for Ber
bice River the following directions will serve to
keep the Mariner clear. J. C.
The Mayor acknowledges, with the highest plea
sure, the receipt of one hundred and forty leven
Dollars, collected by a lady of diftinaion, for the
benefit of distressed French families. And likewise
five Dollars for the fame benevolent purpose inclos
ed in a note from Benevolus.
January 23.
The City lnfp<air has the pleasure to acknowl
edge the receipt of Ten DMlars, inclofed in a letter
to him dated the 22 t inst. signed Gustavus, which
the generous donor wishes to be applied to the relief
of Madame Verneuil and M. Thouin, independent
of any other arrang ment in their behalf. This
fliall be scrupulously observed. It is with sensible
gratification, however, that the City lafpedor has
to remark, that in consequence of the late notice in
the Evening Pull of rhe situation ofthefe unfortunate
families, their condition has been rendered very com
fortable by the very abundant contributions of his
fellow citizens. —There are other French families
whose situation is very distressing, to whose relief
future donations ought, perhaps, to be applied.
JOHN PINTARD, City Infpcdor.
January, 25, 1805.
Anongs th^fe who have eminently diftinguiflied
themselves in this emergency; we are authorised by
the City lofpedor to mention the nme of a fl uc
merchant, who yefferday feot a donation to the
AITH-Houfe of no less than twenty one barrels of
fuperfine Fiour, worth now upwards of two hun
dred and forty dols.—This donation, larger as it
was, was accompanied with an intimation fr m this
generous man, that when it was expended more
was ready. The name of tins gentleman is J. Hts
Townshend.
Four thuufand nine hundred and ninety-nine dol
lars 47-100 were cohered in the city of Philadelphia
and transmitted to the Mayor and Committee of
Norfolk, for the relief of those perlons who fuffer
ed by the fire, which destroyed so great a portion
of that flourifhing city.
The following note is just received from Mr,
Pintard.—“ The number ofapplicants for provisions
and fuel increase daily. The Committee of Sup
plies meet evety afternoon at the Alms-House at
tending the expenditures of the day, and making the
necessary provisos for the morrow. A favorable
con:ra<9 was made yesterday for four hundred logs
of square and round timber,equal to One Hundred
loads of wood. A very large quantiy of this arti
cle lays at the different lumber yards and saw pits
along the North River, which will afford a consid
erable supply of fuel for some time. We are happy
to add, that the proprietors are generally dilpofed to
fell the fame at a very moderate price.''
Some time tinea three American citizens, who
had been engaged in exploring remote parts of
Louisiana, were flopped and murdered by a hunt
ing party, composed of individuals of the Saixs
nation of Indians : on application to the chiefs,
the murderers had been given up and are present
in prifcn in Kafkaskias. It is ufeful to mention
this circumllaoce, as it had been reported the In
dians refufed the request made by our people; and
©evincing a laudable disposition on the part of
this nation.
From the New- York Evening Post.
DONATIOAS TO THE DISTRESSED.
From the Boston Gazette,
NAUTICAL CORRESPONDENCE.
December 1804.
South Carolina Gaz.
[No. 22.