Oracle post — Portsmouth, N.H., 1804-01-24 00:00:00, page 1

Vol. XIV.] ,
I. finals. =—t-—=^^
OF ALL THE DISPOSITIONS AND HABITS
WHICH LEAD TO POLITICAL PROSPERITY,
RELIGION and MORALITY ARE INDISPENSA
BLE SUPPORTS Washington's Legacy.
Legislature of Massachusetts.,
Friday, Jan. 13, 1804.
The Two Houles convened in the Keprefente
tives Chamber. At 13 o'clock, His Excellency
The Governor, accompanied by His Honor the
Lieutenant. Governor,overnor, and Hon, Council, came in
and delivered the following,
Speech:
Gentlemen of the Senate, and
, Gentlemen rf&Heufe of Representatives,
AT your former session, the fetfon of the year
prevented your profecu ing the consideration of
divers fubj^s which you thought worthy of
your notice;' In particular the Rate of the Judi,
cial Department. I presume that those fubjeas
will now be taken up, and receive.the degree of at.
CTentiWtl^^ t leferve ; and I ituft that
your deliberations on these and other matters that
may come before you, will terminate in such mea
lures as shall tend to promote the case and liappinefs
of the people.J
, ' Since our toft meeting the Situation of affairs in
Europe is materially changed. A new war h'as been
kindled betweenthofe nations with whom we have
the greatest iotercourfe ; and we are again conftrain
' nd by the principles both of humanity and religion
to lament themifery it mull occafion,ev<nif our own
pecuniary interest is promoted by it. Indeed there
may be a rapid increase of wealth without any ad
dition to the public happiness, for riches, by their
influence on the manners ofthe people have lome
times proved extremely injurious to their virtue and
fafety. So long, however, as we cla ; m and polTefs
the advantages of a neutral chara&er, it is our duty
to abstain from all contraband commerce with the
^belligerent nations. If we attempt to convey warlike
Lores to either of them, or Bores of any kind to a
besieged place, we falfify the character we affiime,"
and have no reason to complain if our property is
Seized and considered as lawful prize.
But in whatever manner our interest or private
feelings may be affeded by the events that take place
in Europe, the national government is exclusively
authorized to regulate our foreign affairs,.and guard
"" against those projects of other nations which may
be thought injurous to the honor or dangerous to
the fafety ofthe United States We are therefore at
liberty, as members of this government, to dired
our whole attention to those points which concern
1j .the internal welfare and profperiry ofthe Common,
wealth.
The refpe&ive Rates are indeed authorized by
the Constitution to appoiiT officers, and train the
militia according tottediscipline prescribed byCon
grefs; & the faithful execution of this trust in each
IT 7,,/farefo^r,ts to iticlf, but to every
K other ;it is particularly so when the great powers
of Europe are at war. This lubjeA was fuggefled
at the former le&n,& you will now have more ki
fure to attend to it.
A law of Congress requires,that there (halt be ore
Brigade Quaner-Mafter to each brigade, and one
Chaplain to each regiment of the militia § but no
direaion have been given in what manner they
flhaltbe appointed. Nor is there any expreG pro.
~vision by our militia law for the removal of anwi
7. commissioned officer who is guilty of misbehavior
or is incapable of performing his duty, excepting
in the cafeof his receiving orders to warn a meet
ing of the company and neglecting to 00 it ; heis
then fubjed upon cooviaion to pay a fine, and to
be reduced to the ranks. This Silence of the fta.-
tute concerning any other mode or cause of remo
val, has, I am informed, occasioned difaflecable
dilutes, which you will probably think it expe
dient to prevent in future. There has allo, in Some
instances been much difficulty in obtaining he fer-
I vice of a Suitable person as Judge Advocate io trials
L before Courts Martial, as tl &difpuics in those cases
are often between officers, and of a delicate nature,
and the appointments are occasional, and the service
voluntary. Perhaps you will deem it proper to re.
medy this inconvenience, by making provision by
law for the appointment of a Ju'ge Advocate as a
permanent officer in each division. Other amend
ments ofibe system may occur to you, gentlemen,
chick arc of greater importance, and would more
eftew daily tend to advance the reputation and gpod
order of the militia.
Such progress has been made in building the
State prison, that you may think fit in the course of
the prefect session, to assign it as the place for the
reception and confinement of convicts who are fen.
^ traced tohard labour ; and to eftabfiSh regularfons
concerning the appointment arid conduct of the
keeper, and the manner in ahch prisoners Shall be
restrained and fyppmted. In almost every country
there have been complaints, that the confinement of
prisoners has been attended with unnecessary rig
our. That the foiltai have been changeable with
Severity and extortion, and that the want of cleanli
/refs ba# rendered the pritons so unhealthy as totn.
danger the lives.of perlons confined in them. But
as the management of the State Prison, and the con
daa ofthe Superintendant, will always be under
the immediate infpedion of the Government, I
hope there will never be a, cause for Such com
plaints, from the manner in which this teftablifh
ment Shall be conduced.
It Seems to be agreed, that the power of pardon
^ ing offences after conviaion, includes the right of
*granting pardons upon condition that theoffenders
mail be confined to hard labour during# fpecified
term. This power has therefore been so exercised
from the commencement of the Government under
the Conßitution, and in foMe cases has been found
highly ufeful, in order tint justice might be admin,
igered in mercy. It is impuffible for the wisdom
of man to make general laws so perfect, as to suit
every particular case. A few crimes only are made
esf b y our fob but the degrees of guilt in per-
fans convided of the fame crime, may ne so dif
ferent as to render it fit and neceffiry to m>ke a dif
ference in the puniflim^nt, and to foften the rigour
sf the law when favourable circumstances appear in
the criminal's case. The man who enters unarmed
.into a dwelling-house in the night time, and steals
I to Satisfy his hunger, i« obviously less criminal than
' Ihe, who breaks it for the purptle of rifling the
house, and arms bimfelf with design to destroy the
life of the owner if he obft<u&s him. In the firft
case the offence seems to be little more than Simple
^larceny, and the punishment of death would only
excite compassion for the delinquent; in the latter,
the offender discovers a mott depraved and malig
nant spirit, and lais life would be thought danger
ous so society.%
While the Castle remained in possession of this
State, it was employed for the confinement of cou
vias, who at their own request had received a con.
ditional pardon. If it Shall be thought proper to
make ule ofxhe State prison for the lame purpole,
it may be nectffary by a legislative ad to authorize
and direct the Sheriff who h#&,to:4.&Merin to
cuftady, upon receiving? certificate in writing from
the Secretary, that such offender Is allowed the be
nefit of a pardon upon condition of his confine
ment to labour at the State prison, to remove him
thither, and to dired the Superintendent to receive
and retain IMO)in prison, under such regulations as
Shill be prescribed for the restraint and employment
of Convicts, until the term of his imprisonment
(hall expire, or until he Shall be otherwise entitled
to his liberty. „'
The robberies that have been lately committed
in this neighbourhood ) have caused great anxiety
and alarm to the good people ; and seem tore
quire that Some further meafnres Should be taken by
Government to prevent the repetition of such high
crimes, or to bring the perpetrators pf them to pun
ishment. Permit me to tuggeft to your consideration
whether it will not be expedient, by an Aft of the
Legislature, to offer a reward to any person who
Shall apprehend any robber, & prosecute him until
he be conviaed of the robbery. And also to de
-4 clare,that if any person has committed hr fliallhere
after commit a robbery, and being opt of prison
fhajl afterwards difeover one or more who has been
or th all hereafter be guilty of any robbery fa that
I he or they may be conviaed thereof; l&h discov
erer Shall be entitled to pardon for all robberies
which he (hall have committed before such difcov*
cry was made.
In conformity with the resolve of the sth of last
March, I wrote to the Secretary of War, proposing
that the demand of this Commonwealth ugainft the
United states for the ordnance and military stores
delivered for their use, Should be referred in the
manner recommended by that resolve. In his an
swer the Secretary declined the proposed reference,
and adhered to the proportion be had before made
that there Should be a new appraifement of the
ordnance and Stores, excepting the cannon that were
delivered for the Blip Constitution, and those de
livered frith the Caftl^'from which the trunnions
had been broken off, which he reefed to confider
as the property of the United slates. By advice of
the Council I acceded to this, on condition that the
estimate Should have relation to the time when the
articles were delivered, „I that interest Should be
allowed on the appraifeu value. He Soon after in
formed me, that he had directed the appraiser ap
poiofed by him to attend to the business, and ob
served, that he could not undertake to give a pofi
tire opinion on the fubjed of interest, but whatev
er had been the usual practice at the Trealury in
Similar cases would undoubtedly be done. The ar
ticles not objected to were appraised at 21,336 dol
lars and 87 cents, the apprifers certifying that they
were of that value when delivered ;and I requrfted
the Secretary of War, if he consented to the pay
ment of interest, rd pay the whole amount to the
Treasurer of this State. He has lately enclosed to
me a report from the Accountant of the War De
partment, stating that our claim of interest is inad
'miffible, unless specially gran.cd by Congrefs.' He
also informed me, thatthe Tgeafurer of the United
States had been directed to pay the principal sum to
the Treasurer of this State. The papers relative to
this fubjed will be delivered to you by the secre
taryß
A copy of an article of amendment proposed by
Congress to be added to the Constitution o' the
United slates, refpefting the eleaion of President,
and Vice-President, has been transmitted to me by
the President of the United Slates, and will be laid
before you. T.
I have also received from the Department of
state, three boxes, supposed to contain eleven hun
dred and five copies of the Laws of the United
States.—They are deposited in the office of the Se
cretary of the Commonwealth to be disposed of as
the J,egiflnure Shall dired.
That I may detain you, Gentlemen, no longer at
this time, 1 will communicate by mefcge any other
circumstances of which I may be informed, that
Shall have a claim to your notice; and I flatter my
felf that during the session we (hall chetidi fenii
ments of mutual friend (l)ip and rtfpea, and not Suf
fer perlonab ifagteement or party interest to divert
us, in any instance, from the pra&iee of those du
ties which we owe to the public, and to ofc another.
CALEB STRONG.
B^fton, Jan, 13, 18%
'PROVIDING!, DEC. 7.
A correspondent defrei us to mention, that those who
with to save their peach trees Should now dig around them
and destroy the worms, leaving a hole round each tree
during the winter. He adds, that he has lately proceeded
in this manner with hi, peach trees, and found large
quantities of worms
NATURALCURIOSITIES.
A tree grows in China which produces peas very little
different from those of Europe ; and another, bearing white
berries of the fixe of a hazel nut, whose pulp is nothing
but a fort of a tallow, of which candles arc made, there to
likewise one called the white mining wax, of greater value
than the common beeswax. Some of the above has been
procured for the Company's gardens in India, and are fa id
to thrive very well. [Lend Fa,
ORACLE POST.
11. :i—»».lill uiMljj;
TUESDAY, January 24, 1804.
^±3-=1^!!-^ ^4iT.-'«?.> JT^„ ■* ll "*wp ■Hill 'll— tt,#=e= ^ZTC^
Mr. Tracy's Speech
In the Senate of the United States,
Friday, December 2, 1803.
In Derate on the motion for altering the clause of the
Cooitution, deJignating the mode of cboofing the
Prefdent and Vice Prudent.
At $ o'clock Mr. Tracy moved an adjournment, and
the motion was negatived. He then addrcflfed the Presi
dent —
M President,
I MOVED an adjournment, because I thought a
men. foil and fair difeuflion was due to this im
porta@ queftion,than could be had afier this kite
liouq'-.
Tw merits have never, until oqw, been before
us, f^ though considerable time has been confu
medii febate, it has chiefly beendirefled to the fu
bordin H amendments, & not to the main resolution.
'" '% '"° ' enM e have refuted to adjourn, I wifi
'?"% %s'^^^fe''.'^'^ 09 the merits, in doing
whieUfwli fludy brevity,s4„' >^ 4:: Stym
tanceof the fetofea will permit.
I (bail attempt to prove, fir, that the reflutioM
before us, contains principles wpich have a mini
left tendency to deprive the final! Rates of an impor
tant right, secured to them by a solemn and coofb
tuiionai compaa, and to vest an overwhelming
power in the great dates. And, further, 1 Ihrll
attempt to (b jw, that in many other points the res
olution js onjeaioihblc, and for a variety of causes,
ought not to be adopted.
As I (h/11 be obliged in delineating the main
features of this resolution to mention the great dates
in the union as obj &s of jealousy, I with it to be
underft >od, that no special stigma is intended.
< • Man is man," was the maxim expressed in an ear
ly part of this debate, by the gentleman from South
Carolina, (Mr. Bader) and in application to the
fubjeft of government, the maxim is worthy to be
written id letters of gold. Yes, fit, " man is man,
and the melancholy truth that he is always impcr
feft and frequently wicked, induces us to fear his
power, and guard against his rapacity, by theeftab
lifhment & preservation of laws, an t well regulated
confutations of government. Mao, when con
neded with very many of his fellow-men in a great
state, derives power from the circumtianoe of this
numerous combination ; and from every circum
stance which clothes him with additional pqwer, he
will generally derive tome additional force to his
pallions.
Having premised this, I (ball not deem it requi
site to make any apology when I attempt to excite
the attention, the vigilance,and even the jealousy of
the small, in reference to the condua of the great
Bates. The caution is meant to apply^gainft the
imperfr&tons and palliums of man, generally,, and
not agaiuft any state or description of men particu
larly.
It may be proper in this place to explain my
„ts% when Arete ufoaf the words Groll and
great as applicable' to states.
Mffachufetts has beenufually called a great state;
but in refpea to all the operations of this refdutiun
(he must, I think, be ranked among the fm di Bates.
The diftria of Maine is increafiog rapidly, and
must, in the nature of things, soon become a state.
To which event, it, location, being divided from
what was the ancient colony of Maffaehufetrs, by
the intervention of New Hampfbire,will very much
contribute.
I believe there is a legifeive provision of some
years Banding, authorizing adivifion at the option
of Maine. When this event (hall occur, Maffachu
setts, although in comparilon with Conneaicut or
Rhode-IRand, will not be a final! Bate ; yet in coin
parifon with many others must be so considered. I
think myfelf jußifiable then, for my present purpo
ses in calling Maine, New-Hampfliirq Maffachu
fett% Rbode-Ifimd, Conneaicut, Vermont, New-
Jersey, Delaware, Maryland and South Carolina,
small dates. They are all limited in point of territory
and cannot reasonably expea any great increase of
population for many years,not indeed until the oth
er fates (hall become so populous as to dilcourage
emigration, with agricultural views; which may
retain the population of the small Bates as seamen
or manufaaurers. This event if it ever arrives,
must be distant. A possible exception only may
; exiQ in favor of Maine ; but when we confider its
tlinure,& a variety of other circumstances, it is be
lieved to form do solid exception to this Bitement.
By the fame rule of deciding, the residue of
thedlates must be called great ; for although
Georgia ahd fevera^ others are not fufficiently
populous, at this time, to be considered relatiye
fr great dates yet their profped of increafe,with
other circumstances, fairly bring them within
the description, in refped to the operation of the
measure now under consideration.
IcifriH be recollected that ip the various turns
whkh this debate has taken, gentlemen have re
peatedly said that the constitution was formed
for the people, that the good of the whole was
its object, that nothing was difcernable in it like
a contest of Bates, nothing like jealousy of fyall
Bates against the great ; and although such dif
tindi-ns and jealousies might have exited under
the firft confederation ; yet they could have no
exigence under the last. And one gentleman,
Mr. Smith, of Maryland has said that ne has been
a member of this government ten years, and has
heard nothing of great and small Rates, as in the
least affecting the operations of government, or
the feelings of those who adminittered it.
Propriety, therefore, requires that we atten
tively examine the confaution itfelf, not only to
obtain correct ideas upon these observations, so
,repeatedly urged; but to place in the proper
light the operations and effeds of the resolution
; in debate.:.
1 If we Attend to the constitution, we (ball im.
mediately find evident marks of concefficn and
compromise, and that the parties to these concef
fioas were the great and small Bates. And the
=^=-e^— —c^^
members of the convention who formed the in#
ftrument have, in private information and pub
lie communications, united in the declaration,
that the constitution was the result of concession
find compromise between the great and small
Bates. In this examination of the contlittwioA
it will be impossible to keep out of view our po
litical relations under the firft confederation.l
We primarily united upon the footing of com
plete Rate equality, each state had one, and no
Rate had more than one vote in the federal coun
cil or Congress. With such a confederation we
fuccefsfully waged war, and became an inde
pendent nation. When we were relieved from
the pressure of war, that confederation, both im
ftro&ure and power, was found inadequate to the
purposes for which it was ettabliffied. Under
these cfrcumdance;, the Rates, by their convene
tion, entered into a new agreement upon prire
ciples better adapted to promote their mutual se
curity and happiness. But this lart agreement
or constitution, under which we arc now united.
Was ^.-ij'fcßly r^^a 30 rs #4 ''* confedera
tion. The small Rates adhered terflcroufy to
the principle of state equality ; and gave up on
ly a part of this federative principle, complete:
state equality, and that, with evident caution and
reludance. To this federative principle the,
were attached by habit; and their attachment
was fan&ioned and corroborated by the example
cf mort if not all the ancient, and the modern
confederacies. And when the great Ratesclaim
ed a weight in the counsels of the nation propor
tionate to their numbers and wealth, the noveit, .
of the claim, as well as its obvious tendency to
reduce the sovereignty of the small Rates, mult
have produced serious obstacles to its admiffim.
Hence it is, that we find in the constitution but
one entire departure from the federative princi
ple. The house of representatives is ellablifhed
upon the popular principle and given to num
bers and wealth, or ta the great Rates, which in
this view of the fubjeft are fynonimons. It was
thought by the convention, that a consolidation
of the Rates into one simple republic, would be
improper; And the local feelings and jealousies
of all, but more especially of the small Bates,
rendered a consolidation impracticable.
The Senate, who have the power of a legifluive
cherk upon the boule of representatives, and man,
other extensive and important powers, is pr < served
as an entire federative feature of government as ic
was enjoyed, by the Small Bates, under the fi;ft con
federacy.
In the article which obliges the electors of
President to vote for one person not an inhabi
tant of the fame Rate with shcmfelves, is discov
ered Rate jealousy. In the -majorities of twQ
thirds required for many pflrpofes by the consti
tution ; although there were other motives for
the regulations ; yet the jealousy of the small
Bares is clearly difcernable. Indeed, tir^ if we
'perufe the constitution with attention, we (hall
find the small Rates are perpetually guarding the
federative principle, that is, Rate equality. And
this, in every part of it, except in the choice of
the house of representatives, and in their ordi
nary legifl&ive proceedings. They go so far as
to prohibit any amendment, which may affect
the equality of states in the Senate. ^
This is guarding againtt almost an iropoffi
bility ; be aufe the Senators of the small Rates
must be criminally remiss in their attend
ance, and the legiflature^ extrumly off their guard,
jf they permit such alterations, which Qn at their
own existence. But left some accident, some un
accountable band nets 01 perfidy (h^uld put io jeo
pardy the federative principle in the Sens e, the,
totally and forever prohibit all attempts at such a
meafure.r
In the choice of President, the mutual caution
and concefficn of great and final! Bates is, if p lTi
ble. more coafpicueus than in any other part et the
con filiation.
He is to be chefen by elcAori appointed as the
state legislatures (hall direß, not according to num
bers entirely, but adding two eleaors in each ft te aS
reprefeatatives of state fovereignty.' Thus Delaware
obtains three votes for President, whereas flic could
have but one in right of numbers. Yet mixed as
this mode of choice is, with both popular and fed
erative principles; we fee thr small hates watching
its motions and circumscribing it jo one attempt
only, and on failure of an electoral civice they in
ftan'ly Seize upon the rvht of a federal ele9ion,and
feled from the candidates a President, by Rates,
and net by numbers. In confirmation of m,
assertion, that this part of the constitution was
peculiarly the effect of compromise between the
great and small Bates.; permit 'me to quote an
authority which will certainly have great weight,
not only jn the Senate, but through the union.
I mean that ofthe present Secretary of Bate(Mr<
Madison) who was a leading member of the fed
eral convention who formed, and of the Virginia
convention who adopted the confli^tion: in the
debates of the Virginia convention, vol. 3. page
77, he fays, (Speaking of the mode of electing
the President,) “ As to the eventual voting by
Rates it has my approbation. The lesser Rates
and some larger Rates will be generally plcafed
by that mode The deputies from the fall,ata
argued, and there is some force in their reason
ing, that when the people voted, the large ftate#
evidently had the advantage over the rest, and
without varying the mode, the interests of the
little Bates might be neglected or facrificed.
Here is a compromise. For in the eventual e#
le&ion, the small Rates will have the advantage."
After this view of the constitution, let us en*j
quire what is the direst object ofthe proposed al
teration in the choice of President?
To render more practicable and certain the
choice by electors :— and for this reason ; that
the people at large, or in other words, that the
great (tales tyrgfi to have more weight and in-
[No. 15.