Oracle post — Portsmouth, N.H., 1804-01-24 00:00:00, page 2

Fluence in the choice. That it Should be brought
nearer to the popular and carried farther from
the federative principle. This claim wefir.4 was
made a: the formation of the constitution. The
great states naturally wifhedfor a popular choice
of firft magistrate : This mode was fan&ioned
by the example of many of the dates in the choice
of governor. The small dates claimed a choice
on the federative principle, by the legislatures,
and to vote by dates; analogies and examples
were not wanting to fandion this mode of elec
tion. A confederation of the weight and in
fluence of a President of this union, mult have
, multiplied the difficulties of agreeing upon the
mode of choice. But, as I have before said, by
mutual concession, they agreed upon the prefer*
mode, combining both, principles, and dividing
between the two parties, thus mutually jealou,,
as equally as they could, this important privi
lege of electing a chief magistrate.
^ This mode then became eftabliffied, and the
tight of the small dates, to cleft upon the feder
ative principle, or by flares, ccafe of the con
tingency of electoral failure of choice, cannot
with reason and fairnefs be taken from them,
without their content, and on a full understand
ing of its operation ; finceg was meant to be fe-
Curedfq them by the constitution, and was one
of the terms upon which they became members of
, the present confederacy ; and for which privilege
they gave an equivalent to the great dates, in
Sacrificing so much of the federative principle,or
date equality.
The constitution is nicely balanced, with the
federative and popular principles; the Senate
are the guardians of the former, and the ghoufe
<rf<eprdentatives of the latter ;& any attempts
todedroy this balance, under whatever Specious
names or pretences they may be prefented,Should
•be watched with a jealous eye. Perhaps a fair
: definition of the condtutional power of amending
is, that you may upon experiment so modify the
constitution in its practice and operation, as to
give it, upon its own principles,a mdre coinpleat,
-effect. But this is an attack upon a fundamen
tal principle established after long deliberation,
rand by mutual concession, a principle of essential
importance to the instrument itfelf, and an at
tempt to wrest from the small dates, a vested
right, and, by it, to increase the power and in
r fluence of the large dates. llhanot pretend,
fir, that the parties to this constitutional corn
pad, cannot alter its original and cftntial
principles ; and that such alterations may not
be effeded, under the name of amendment ; but
let a proposal of that kind come forward in its
own proper end undisguised ffiape ; let it be fairly
stated to congress, to the date legislatures, to the
people at large, that the intention is to charge
an important federative feature in the conftitu
tion,which change in itfelf andall its consequences
will tend to a consolidation of this union, into
a simple republic ; let it be fairly dated, th^t the
small dateshave too much agency in the impor
tant article of electing a chief magistrate : and
that the great dates claim the choice; and we
shall then have a fair decision. If the Senators
of the small dates, and if their date legislatures
will then quietly part with the right they have,
no person can reasonably complain.
Nothing can be more obvious, than the inten
tion of the plan adopted by our coaptation for
choosing a President. The electors are to nom
inate two persons, of whom they cannot know
which will be President ; this circumdance °°'
only induces them to fele& both frem the beh
men ; but gives a direct advantage into the
hands of the small dates even in die electoral
choice. For they can always feled from two
candidates set up by the eledors of large dates,
by throwing their votes upon their favorite ; &
of course giving him a majority, or, if the elec
tors of the large dates Should, to prevent this ef
fe&, Scatter their votes, for one candidate, then
the electors of the small dates would have it in
thei; power to eled a vice President. So that in
any event, the small dates will have a considera
ble agency in the election. But if the discrimi
nating or designating principle is carried, ?% con
tained in this resolution, the whole, or nearly the
whole right and agency of the small dates, in the
electoral choice of chief magiftrateis deftro,ed,&
their chance of obtaining a federative choice by
dates, if not dedroyed is very much diminished.
For this identical purpose is the principle of elec-,
toral discrimination and designation, introduced in
to the resolution before you ; for the famepurpole
is the number of candidates reduced from five to
three, from whom the houle of Represent t'ves may
elea, in case of efcaoral failure A choice ; that is
, xo destroy, or diminish the agency of the final!
State# in the choice of'Prtfidrnt.
For what purpose elf?, are we perpetually told,
and from all parts of the Senate, the public will is
opposed, Pytirc present mode, and the public will
cannot be gratified, without the introduction of the
diferiminating principle ?
By the public will, thus mentioned, the gertte
mrn mean, the will of a popular majority, dr, the
will of the great States, which, in this rate, 1 repeat
it, are the fame. How is it pogible for the gen
demtn & increase the chances of gratifying this de.
icriptioH of the public will; without decreasing
the agencyof the (mart dates ?
The whole power of election, is now vested in
rhe two parties; numbers anfftates, or, great ami
/final! states, and it is demonstration itfelf, that if
+you increase the power of the one in just Such pro-'
portion, you diminish that of the ottu r. Do the
gentlemen suppose that the publie will, when con
riitutionally expressed by a majority of Gates, io pur.,
loanee of the federative principle of our govern
„fefy is of M validity, or less binding upon the
4 immunity at large, than the public will expressed by
A popular majority , The framers of your conftitti
i.<w; the people who adopted it, meant, that the
public will, in the choice of a President, fltould be
riff fed by electors, if they could agree, and if not,
rfthe public will Should be exprefled by a major
:c of the Rates, adiog in their federative capacity,
...'d that in both cafesthe expre flion of the public will
mid be equ^ly binding.
o it pretended that the public will tin never
property dr bonftitutronally be elpre^, but by a
majority df numbers of tire people, or of She
boule of reprefenrativea? This may be a phasing
doarine enough to great States; but it is certainly
incorrea. Our constitution his given the expres
sion of the public will, in a variety of in Stances, oth
ther than that of the choice of President, into very
different hands from either the house of representatives or
the people at large. The President and Senate, and in
many cases the President alone, can express the public will,
in appointments of high cruft arid responsibility, and ft can
not be forgotten that the President sometimes expresses
the public will,), removals. Treaties, highly important
erpreffions of the public will, are made by the President
and Senate ; and they are the supreme law of the land,
lathe federal fates, many great offices are filled, and even
the chief raagiftracy, by various modes of election. The
public will is sometimes expressed by pluralities, instead of
majorities, foretimes by both branches of the legislatures,
arid fotoetimes Brone, and in certain contingencies, elec
tions are fettled by lot. The people have adopted consti
tutions containing foch regulations, and experience has pro
ved that they are Well calculated to preserve their liberties
and promote their hnppinefs. From what good, or even
pardonable motive then, can it be urged, that the present
mode of elating our President, has a tendency to' counter
a& the public vi//? Dogentlemen intend to destroy every
federal feature in this corifl itutidn?
And is this resolution 'a "precursor to a complete confoli
dacion of the union, and to the eftablifhmeut of the simple
republic ?-Or will it fuffice to break down evert federa
tive feature which secures to one portion of theteion, to
the small Slates, their rights'?l
I any not without my fears. Mr. President, (m this is
but the beginning of evik, and that this conftituiron, the
bulwark of the feeble members of the confederacy ; the
protection of the weak against the strong ; the security of
small agviaft the great ; the lad, best hope of man with a'
view to Stability in a free government, and to the prefer-|
vation of liberty in a republic . • is defined toi undergol
changtnd fuffer innovations, till there shall be no refiduc|
worth preferring, and nothing left, Which ambition will
condefcertd to overturn. \'
Time will not permit trie 'toZwell any longer on this part
of my argument. 'But I am deceived fir, if the view'l
have now taken of the constitution does not (how food ob
viously that in its formation there was a Struggle between
the great and small Slates, with refped tto man, of its prin
ciples and leading features. And tha^ the participation of !
the small Slates in the elcdren of a chief magistrate, clearly
Secured to them by the constitution, will receive a deadly
blow by the adoption of the proposed amendment..
It can be no contradiction to my ideas upon the.fuhjeCt,
if we have heard nothing of State colloids, in th| admin:
iftratlon of this government. The great States have never,
till now, direaly attempted tn violate the far>4uary of
the small, and despoil them of their rights ; had this been
earlier attempted, we should hive heard and Seen the Tame
jealousy awakened, and the fame oppofreou exerted.
The conflict could happen in nd other way, than by an
attack from the large States. We had neither tht dehre
nor ability to injure them & now weafc no favors,hut their
permission to enjoy, in peace and Safety, th? rights conceded
to us hy themselves, and feasted by a Solemn constitutional
compact.
We have been told, by x gentlefrin'fiom Virgins, that
it would be impolitic in to to rouse the great ftite& I Shall
at present take no further notice of this warning, given to
us, no doubt, in the full exercise of benevolence; but to
requeh the small State to preserve it in constant recollection.
It may induce them not hastily to part with constitutional
Security. t 1
There are force other points of light, in which I
wish to place the fubjed before us.
The conflituttoh isof recent date; it was form
ed by the mutual couceffion of ebr Hiding parties,
& balanced with a view to the security nfall. Expe
rience alone can tell its utility,and time and pra&ice
'ifcover itsfauhs. Itis a found position that you
th aid never attempt an alteration so an ii&wwent
so Complicated, and calcu^ted to Serve so many va
rious and opfiofite interefis, without being able to
the tell of txperiincm to aifeern clearly therveeffnv
of alteration, and without a pnoral certainty, that
be change (hidl not only remove an exiftiog evil,
but that it (lull not pr?doer any itfelf.
The article in rhe confutation flablilhipg the mQde of
eledHug a chief mtfftratt; and which is now prepaid to
be altered, wa, undoubtedly one of the most difficult parts
of the whole, at its formation. lam convinced fir, that
th? public mind is not Sufficiently imp, & with thtdiffi
cutty of adopting not only an unoxoptfonahle, but even 4
tolerable & praaicable rootle of ele&iug a chief mpgify are ;
possessing such important and extenEv, powers, „ am con
stitutional!, vested in the President o tthe United States.
An attempt to detail the number and magnitude es his
powers, to this Senate, would be Iropminent : hut ft must
and will be acknowledged by all, that the President to
vested with powers vastly extensive and important, and that
he will bring with him into the government mere or less
of the state politics and State prejudice and theft fids, to
which may be added the probability that he wifi be taken
from a large state, must have inercafed the difficulties of the
convention, in fixing on a mode of choice.
How often have contests, wars and bloodied, the de
ftrudion of confederacies, of liberty, and of vast portions
, of the human race, arisen from the ekaion of chief ma
, giftrates ? When we consider that the powers.vefted in a
President of this uni in, are Sufficiently important to excite
the avarice and ambition of the human heart, itatwo must
■ adive principles, to gain poffuffion of the office; when we
. confider the difference of fentiroent, habit and irncreft in
this country ; date pride, and 'ftate jealousy which could
,never be laid asleep; the difficulties of fixing upon a proper^
;mode of ele^ion, must be almotl infinitely multiplied.
And yet this article is now fele&d for alteration. All the
amendmentswhich have hitherto been adopted,v^ent to Some
general explanation, upon very general ptinciples, not
Ichanging, but rather expounding the conftittytipn.
This, as I have before said, is takingup the most difficu't
and the most important article in the constitution, both in
1 relation to rights and principles. But it is hid that expe
rience has fhawn us the necessity of an alteration .in this
article ; that an evil has been found in pra&ice to grow
out of the couftitutional pM^^^'&lfliffrfety"
for a remedy. At the loft eledion of Preg&nt two per
ffo.d an equal number of votes, and that number was,
a majority of the votes of all the electors appointed, which
circuniftance gave the house cf representatives a conftitu
tiprial right to feted one of them for President. Tn exer
-ciung this constitutional right, they voted by states, and
there was at firft a division, no choice being made until the
filth day, when an cledion was effected,.of the very man
, whom the great Rates, and the advocates of this resolution,
wished.
It ought to be noticed here, that although thgy voted by
Rates, yet it happened, in this division, that a majority, io
point * numbers, voted for the person President, who e
ventually became Vice-President. As te intrigue, by either
of the candidates, or by their friends, I know of none ; the
Sentiments and condud of the Vice-Preßdent, a| published,
wqe perfcdly fair and honorable, containing a declara
tion of his withes not to Rand in the way of the other
candidates.,
After the view of the constitution *hich we fat taken,
and comparing this fad, or set of fa&, with th, provisions
for ele&ing a President, we shall realty be at a lob to find
out the mighty evil, which the experience of this election
has difeovered, and which fa said to call so imperiously for
a remedy. But the advocates of this resolution have had
the goodness to put their finger on the spot. They fay,
that in the certificate# of the eledors, Mr. Jeffcrion 's
name Rood 6rft, this is called a fort of record testimony,
and in addition, feme, if oat aji the ehaors, said thq
meant to ekd Mr. Jefferfen President, and Mr. Burt
Vice - President, and this it declared to be the/U/fr vitt,
exprefifed by the conftitutiena! organ, the ekadte. ffit
withftanding this expteffion of the public will, fay the gen
tlemen, a large portion of the house of representatives
wjthftood and opposed the public will, for the Space of fix
days, and wilfully voted for the man to be President, who,
they knew by the evidence just mentioned, was meant to
be Vice-President only. One gentleman (Mr. Wright) has
said, that if he had been then a member of that house, pos
sessing such Sentiments upon the fubjea, as he now does ;
such voting would in him have amoUtited'to the crime of
perjury, or words to the fame effe&, I mean to quote his
ideas, a, expressed, and believe I have given nearly his very
words. (%be eontikued.)
By the latest Maih.
* — —— =-_,_; -
Kingston, Ocf. 29.
A Danifli Physician, of the name of Ketvfc h,has
adopted in the Danish Weft Indin Iflunds, the prac
tice of friction with oil, for the cure of the Fever
incidental ,to tirat climate, inthe fame manner as
pointed out by Mr.-Baldwin, with refpea to the
the plague in Egypt, letters from Copenhagen
state, that Dr. Keutich has adopted ihis praaice in
the cases of eight soldiers afßded with fever fix of
whom were completely cured by fri&ion oil, in the
Course of 24 hours. The way in which it operates
is by producing proftife perspiration, and generally
vomiting. Dr. Keutfeh, in some casts, rendered
the operation of the oil still more efficacious, by ad
ding to'ircamphor.
St. Jago de la Vega, 0% 2%.
The following fedtence was this day passed in the
Grand Court :—-
James Gayleard, found guilty of fending a chsl-
I l,g e , tb pay a fine gl. and to ftanri committed un-
I til paid, and to give security, bimfeif and another in
tool, each, to keep the peace for twelve months,
Jahn Jackinn, for carrying the challenge, was fined
10l and to find like 'fecurity.
New-Orleans, Dec. ig.
% cotifauence of difpatcbes received by the Colonia!
'ferfa and Commiffory of the French Government,
Citizen Lauffat, on the evening of the 25th ult. a
conference took place on Monday following between the
prefea, on the, art of the French republic, and his
Ercelincy Govenor Salcedo and the Marquis de Caffa
Cavo, Brigadiers in the army of Spain and Com
rafarief of the Sganifh government, on the part of
hit Catholic Majesty, at which it was agreed that on
the faceceding ~Wednefday the province of Louisiana
fsould be formally delivered to the French Republic.
On Tuefday difpoftions to that effeEl took place. Ear
ly an Wednesday the Spanish colours were displayed from
a ibftj flagftaff eroded for that purpose in front of
~tbe town-house, where at eleven o'clock the Spanish
troops were paraded, having a company of Mexican
dragoons on their right, and the militia of New-Or
leans on their left. The Commissaries of the Spani/h
Government proceeded to the town-boufe at twelve
andfoortly after the Colonial prefer repared to the
fame place. The public square, the greets, the balco
nies, and even the house tops were crouded with fpec
testers anxious to witness a Jeene so interesting to the
inhabitants. The prefed presented to tbeCommiffar ies
of Spain, an order of His Catholic Majesty dated
Oftober 12, 1802,f0r the delivery of the Colony, and
likewise his credentials or powers, from the First Con
sul to receive the fame, bearing date the 6tb of June
1803. These papers being read—the keys of the town
were delivered by the Governor to the prefed ; and
the Marquis de Caffa Calvo pronounced the oatbof the
people of Louisiana to bis Catholic Majesty to be dijol
ved. The record of these proceedings being read, a
signal was fired for descent of the kipanijh flag,
which was followed tyanotber for unfurling that of
France. The Spanifo troops withdrew : the prefect
announcing to the militia, in a brief address, the
charge.of government—and gave them a commander.
It gives us great pleasure to be able to slate that the
utmofl harmony and good intelligence has prefded^er
the intercourse between the agents of the two nations.
The pun Duality and good faith which have been oh
;ferved on this occafon, by the spanifo Commifories,^
the magnanimity of their behavior must command the
esteem, and win the confidence of all nations. The
prefer having assumed the reins of government, com
menced and completed the arduous and important du
ties sf organizing the civile military departments of the
colonial government with a celerity which experience
only could have enabled him to perform ; tbewifdom of
his measures may be attested by the harmony and order
that prevails among the vast variety of the inhabitants
of this country. On Thursday a dinner was given by
the prefeß tofaenty two French, spansfo and Ameri
can gentlemen, in celebration of the preceding events.
After dinner the following toasts were drank :
The French Republic and Bonaparte.
To Spain and Charles IP;
To the United States and Thomas Jefferfon.
( For each toast, a trebk salute of 2'l guns each.)
The dinner was succeeded by affedid illumination,
concert, ba11,%. Ibe assemblage of nearly one hun
dred ladies eat the ball wa, truly beautiful, brilliant
and interning.—On the evening of Bth inf afete per
. haps more magnificent than ,hat rs the prefer, and
more numeroufy attended was given b, the Marquis
. dcQgaCalvQiu aonpfa^^ ^&mmffir,vfth
French government, and in celebration if the happy
fulfilment of their refyeffive commiffionc.
The American citizens here have formed themselves
into a corps of volunteers offered theirfervices to the pre
fett, and been received as auxi^ries to the militia of
the town, in which capacity r ander the command of
Dan'l Clark,Eft. they perform regular duty, patiently
waiting the arrival of the American troops, who are
fartly exprfled here, i'n company with General Wil
kinson commander of the American troops, &qd bis ex
cellency WmC. C. Claiborne, governor of the Mifff
fypi ferritory who toe appointed by th President
tftbe Unitedfates, commiffiftrs to receive the gov
ernment of Louijiana.
• It w^s to be eyervedsht the American/ in due offering
their feroirn, ttere*rged b, a regard/., tie peace ofthe city,^
tbe ,roteatom of perfre and property, dieb ,„ threaded
b, a rumor that the nofoe militia would re fafc tofree Thy
muser under thefor, of their own nation, aftd, er fg ra
tar duty ae nightly patroles, end nt th town bast ,
0 — —
'Philadelphia, Jan.
A CAUTION.
The public are cautioned against receiving
Bank Notes of the Branch Bank of Chatleft<n>,
fofyo dollars, dated in 179, at a unrober h„vc
beets attempted to be put in circulation in rids
city within a few days. [Richmond G^ ]
Commercial Slate of Frattce.
. o
(Extraa of a letter frnm Paris.)
"You can form no idea of the distress of the
mercantile pare of this nation ; all confidence is
at an end, and all its {peculations are at a ftandi
no man gives another credit for a week, and no
capitalists dares to trust his money out of his
hands. Here, and at Bordeaux, Bayonne, Mar^
feilies, Lyons, Nantz, L'Orient, Havre, St. Mal
10, and Rouen, no less than 995 bankrupts, or
Stoppage of payments, have taken place within
these last five months ; and of fifty two banking
houses in this city, only five continue to do hon
our to their affairs. The cause of this ruin of
our trade and of our merchants, is the peace
which the deceitful policy of Bonaparte conclu
ded, and the war which his treacherous ambi
tion provoked. During the former part of the
Revolution, many of our rich merchants had
emigrated, or saved their fortunes in foreign
funds. The peace recalled the fugitives, and
with them their capitals. The latter were im
mediately employed in diflant speculations, paf
ticularlv tb St. Domingo, and to the other Weft
India Islands. But before liny returns could be
received, by Le Clerc's tyranny, St.ningo
was loft ; and what had escaped the t of
the negroes, and the requisitions and ?:U? ^ of
the Consular Generals and Commi >e:, iad
been captured by English citiiftr^ lire—.
gar, and other Colonial productions of v A
we stand in so great need, we obtain ft r?>,
on the Adriatick sea, and from Lul ,0: ;,
Baltick, whence they are brought in :i{f v e f.
fels. Judge, therefore, what the de ... muM
be here ; when what we pay for the freight,
land carriage, &c. often amounts to seven eighths
of the original price in England : and the unjust
and impolitick conduß of the government, which
contrary rd treaties, and to what it has done
during former wars, prevents all direst inter
course with England; by ours and other neutral
Ships.
"Money is so farce; that upon landed patri
monial estates, the interest is two and a half per
cent, jn the month ; and Upon national property
four and upwards; and no money is lent for
longer than three months, when new facrifices
must be made to have the loan continued. E„
cept bills, accepted by five of our firft banking
houses, there is no possibility to get any dis
counted ; and for those of Short dates tWb per
cent, is paid in three decades. You may per
haps think I exaggerate our situation, because
our funds are kept up ; but the military despo
tism rules as much our Exchange, and our mer
cantile tranfaftions, as those of the Cabinet, of
the forum and of the field. You have heard that
many persons, by intrigues, plunder and crimes,
have made immense fortunes Since the Revolu
tion as national deputies, army commiiaries,
contractors, &c. When the war began, they
were ordered, upon pain of having their forint 1
coudu, and accounts review, to 1 ;-out their
capitals in pur fun^ , and to receive* their fixed
interests us 'eng ?.s the governs ent judge pro
per, and not to fell out before the Genera merit
permits , and such .3 ttefcvu< .m^
r the Stock tranfadions, that when lately the fa
mous Na.y Contra&or Oudcuard, n nA has i&'
millions cf livres in the kre per cents, lately fold
out only 600,000 livres, he was immediately feat
to the Temple : and only escaped transportation
to Cayenne, by dividing fame of his millions
with Lucien, and Some, other members of the
Consular family.
"The commercial chambers, which the vanity
of the Consul lately established in our principals
cities, have presented upwards of 1500 memo-'
rials to the Minister Chaptal, with complaints
and demands of fuccours ; but wheft he laidl
some of them before the First Consul, he met
with such rebuke that he demanded to ref/gn his
place. Amongst other severe things, Bona
parte said, that if the merchants did not cease to
torment him with their representations, he would ff
be forced to regulate a maxinum ; or by the bay
onet silence la canaille marchande.
"Upwards of 6oq merchants' clerks here 'are
without bread, fur le pave ; who from necessity V
will join our armies as Volunteers, in the manned
as fertral hundred of them at Bourdeaux, Mar
seilles, Nantz, and other places, have already ,
entered on board privateers, or gun boats.
When such is our situation, after a war of only '
five months, I tremble to think how great our
wretchedness mud be, Should hostilities continue
twelve months longer.
"The merchants in Italy, Holland, & Swit
zerland, think themselves worse off than we are'
here ; because requisition and contribution in- ,
creased and augmented, in proportion as their
trade or induftr) is harrafed, pfofcxibcd h or an- 4
nihilated.”
Extras of atetter from andf^^ d
flutes brig syren, dated Gibraltar Bay, Ofifo
28, 1803, received at Charlefm.
"When last I wrote you, it had not, beep de-1
termined whether peace or war was to be the I
: order of the day ; we parted with bur convoy ^ |
few moments after the elofiag of my letter, am 1
the day following came to in Tangiers Bay,j|
where we had the fatisfa&ion to fee ;he Consular /1
flag, displayed cm the Moorish ramparts. It
to Commodore Prebble that America is indebted |
for an honorable, advantageous and I believe, 1
lading peace ; his condua on this occasion is I
highly meritorious, immediately, when ac-I
quanted with their having commenced captur- |
ing our vefl&, be demanded, in the most per* A
emptory terms, the reasons for doing so ; tS, |
Emperor was then at his capital, Fev, and |
his answer he fays, that he had not authorized |
his cruisers to capture or moleltrhe hericam, |
that it was an unauthorized id, and that the per- |
petrators or abettors Should be brought to imme- |
diate and condign punifhmeut. A meetin, was |
then proposed between the Emperor and m |
commander, the place of rendezvous cat Ton. I
gier where they had an interview on the tetb in a
it^ ; & Emperor arrived in Ml the psi rd ,
^MahcerffyfoTMb, ifooo te#^