Oracle post — Portsmouth, N.H., 1805-02-26 00:00:00, page 2

From the United States, Gazette.
During the federal administration the democrats
were incessantly clamouring against government for
what they termed State Secrets —every thing should
be public in a free government, said and repeat
ed those bon patriots ; and notwithstanding the ga
zettes were almost perpetually filled with diplomat
ic correspondence, yet those gentiy' could not be
satisfied, # No, so outrageous were they for publici
ty,, that govermental injunctions of secrecy were
constantly violated, documents were purloined
from the files of congress, houses criminally broken
open in the dead of night, arid books and papers
stolen to gratify the readers of the Aurora. This
holyfact, those immaculate friends of the people,
have now made their way into power through
knavery, falsehood, and hypocrisy, and mark the
consequence. An impenetrable cloud of darkness
covers all our foreign relations, and it has become,
in the course of three years, wholly unnecessary
for the people, once 'so highly prized, to know an,
thing ofthete rights or interest abroad. Tis true,-
we heard of the Louisiana treaty, because we had
to pay for it—but look ye, where are the rights of
our merchants so deceitfully promised to be re
munerated in that instrument? Why are they aban
doned to delay and destruction, whilst hundreds of
our moat valuable citizens are languishing in tedious
inactivity, for want of their funds, so cruelly with
held from them, without the ccm solation of'knowing
why or wherefore. With Spain also, we pre under
circumstances ;f strong resemblance ; forthe Dons
tpo thought they must plunder us, since it was
fashionable: and one Pinckney (a pretty boy) was
dispatched to Madrid, (net forgetting the title of
ambassdour and the usual outfits) to negociate.
The result was a diplomatick prodigy. This thing
undeserving the name of treaty, our administration
were really ashamed of— one time it was denied,
then ackowledged, till it could really be Shuffled off
no longer : it was then brought out and ratified.
Destitute as the beast was of the common.propensi
ties of existence, possibly with good nursing, it might
have come to something ; it was, therefore returned
to be exchanged, and the merchants .began to flat
ter themselves that their interests would not be en -
titel, neglected—but here the avenues of light were
closed, and not a sentence more ts information can
be obtained on the subject. In England, but more
especially in the British West-ladies, many improp
er restraints havebeen laid on our trade. In like
cases, we formri, saw those matters attended to
by our ministers, always remonstrated against, ands
sometimes! edressed or explained; but at present,the
sovereign people are contended to remain in mon\ -
ish ignorance of all these things, for riot a word es
capes our political rulers. Last summer, the British
frigates on our coast, and indeed within our har
bours, committed most aggravated insults upon our
country's rights, We had just pretensions to know
that those insults were properly resented ; but not
a word did our worthies condescend to let us know
on the subject. I appeal to the reflection and com
mon sense of my countrymen, if ever; there was in
any country such a display of political hypocrisy ;
such a scandalous violation of principle and reputa
tion, as has already appeared in tne conduct of our
present administration ? I will not say, with Dr.
Johnson," show me a patriot arid I'll show you a
scoundrel ;" bufl will say, point me Out a fellow,
who is forever dwelling on,the! rights of the people,
the public good, thd moutih of labour, &c. &c. and
I'll show yeu a canting, designing impostor.
A MERCHANT.
W'^^^Jrert^^^^re!!^^^^
offices of trust and honor ; and that such knowl
edge cannot be had without the free and unreflrain-
Liberty of the press.
That our political institutions injure to every
citizen the right to form opinions for himfelf, and
to " publifl), truth from good motives and for juft
ifiible ends, although it refleas on Government,
Lfaiftrates, or individuals , provided always, that
c ,r:y abule of this right be cognizable by a judi
clary Tribunal, which ought in luch cases to inter
fere and punish.
That in the opinion of your committee every
citizen, who may have made a publication, which
might be chargable as libellous, has a right to a
trial by joey ; and that the law of England on the
fobj & of libels, which ho| is, that the greater the
truth is, the greater is the libel, is not the law of
this land; and that this Honorable Houle cannot
know that to be " indecent and libellous," which
might be capable of proof, and which, if true, ought
to be known.
That this honorable House cannot try and decide
upon the quefttoo of truth or falfity, because it
cannot exercise any Judiciary Power.
That if this Honorable House fliould undertake
to pais affirmatively upon the aforefaid motion, it
would ad in hostility to the provisions of the Con
flitution ; and that such a& would deeply efta the
Freedom of the Press ; and your committee believe
that a precedent would be thereby eftabiithed which
might lead to deploreable confluences.
Because, by such an ad, public opinion might
be fixed without the fair investigation effehtial to
the developement of truths in which the communi
ty may be deeply interested :
Because such an ad might difeourage individuals
from announcing fa&s, which it might be of high
importance to, the public to know :
Because it might be construed into an authority
in this Honorable House to censure and to punifo
in cases not infringing on its own privileges :
Because it would necessarily tend to confound
the Legislative and Judiciary Branches of Govern
ment in the fame body of men:
Because, in the course ofthe changes and feelings
incident to the Governments, the predict, under
such a precedent might fcfult in the worst of Des
potisms; that which might be exercised by an as
sembly convened as a Legislature.
Your committee beg leave further to report, that
the only connection existing between this Hosm
ble House andthe printers of the New-England
Palladium by which they are distinguished from a
by other Printers in the State, arises out of a con
trad ma Ie by the Clerk of the Honourable Senate,
and the Clerk of this Honorable House, with thole
Printers, to do the Commonwealth's Printingferore
year from the firft day of July last past. And your
committee are of opinion, that they have perform
ed ihcir engagements under that contrad in a man
ner perfedly taris factory to their employers.
For these considerations your committee refpect
fully fnbmit the following Resolution:
Rtfetad, That this House cannot pass any Order or Re
solve to cerfure or punish any individuals, except in cases
of the breach of its own privileges: that Young & Minus
io making the aforefaid publication, have not been guilty
of any fucn breach ; and that it' is inexpedient to refund
the contrast made with Young and Minns for the present
year. All which is submitted.
TIMOTHY JACKSON, pr. order.
_@_.
BOSTON, FEB. 20.
From WASHINGTON, Feb. 11, 1805.
" On the 9tb, Mr. Randolph, chairman of the
Managers, opened the case, on tirepart of the House,
against Judge Chase ; but in a manner so feeble, as
to disappoint every one who had been accustomed
to hear him in the House. But though deficient iri
argument, he wa§ not deficient in impudence.—Be
sides the opprobium which he heaped on the vener
able Judge, he uttered many gratuitous invectives
against the District Judges,' who sat with Judge
Chase on the trials ; —particulary Judge Peters, of
Pennsylvania, and Judge Griffin, of Virginia, fudge
Chase, in his answer, mentions, that Judge Griffin
concurred with him in all the decisions, on which the
impeachment, in that case, is founded ; and that in
the case of Fries, Judge Peters also concurred. in
noticing this Randolph said, the Respondent had en
deavoured to shelter himself under those concurring
opinions ; but that his preeminence should be re
membered—a„d his predominatinginfluence over in
ferior Judges, who sat on the bench with him—
£ Men of weak and feeble temper—andef intellects,
[making a long pause] perhaps as feebler
" His remarks on the conviction and pardon of
Fries, were highly indecorous, if not impious, On
this subject, he said, he .rejoiced, that Executive
mercy had prevented the blood of the innocent and
unoffending German, from appearing at the bar of
eternal justice, as the accuser of the Respondent,
that this single act of the late President, had, in Ids,
opinion, redeemed a multitude of failings, and that
it had prevented the ermine of justice from being
dyed with blood. Surely the expression of such %
sentiment towards any man, would have been un
justifiable; l)ut towards the venerable object of this
flood of indignity, it was as mean and malignant, as
it was false and ridiculous?'•
" Two witnesses only wereexamined vesterdav,
Mr. Lewis and Mr, Dallas.—Their evidence was
iri substance aspubfished in their affidavits last vear.
There are about 55 witnesses on both aides , so we
way expect this trial to occupy nearly the remain
der of tie session.
" Judge Chase has four counsel—. Messrs. Mar
tin, Harper, Hopkinson and Key. Os the 24 wit- °
nesses on.the part of the impeachment 15 answered ;
and of the 32 witnesses summoned by Judge Chase,
25 answered.
'^ The concourse of spectators which attend the
trial ifye%;—of whom the ladie^make a consid
erable number,"
" The Georgia Land bill ha# apt been sailed up ;
itprobably will be, this day."
National Legislature.
Eighth Congress.:::Second Session.
—r#®^«=
HOUSE OF REPRESENTATIVES.
Tuesday, fed. 5.
The Bill for preserving peace in our harbors,&c.
was amended, by substitutes for the 2d and sth sec
tions, and ordered to be engrossed.
WEDNESDAY, FEB. 6.
Mr. Randolph, in behalf of the Managers of the
impeachment of Judge Chase reported a repli
cation to the Judge's answer, this replication
being couched in very intemperate language, mo
tions were made to committ it, to amend it, and to
postpone it ; but theyall failed, & it passed by a large
majority. The following is the replication :
" The House of Representatives of the United
States have considerered the answer of Samuel
Chase, one of the associate Justices ofthe Supreme
Court of the United States, to the articles of im
peachment against ^m by them exhibited in the
name of themselve^nd of all the people of the U
nited States and observe,
" That the said Samuel Chase hath endeavored to
cover the high crimes and misdemeanors laid to his
charge by evasive insinuations, and misrepresenta
tion of facts ; that the said answer does give a gloss
and colouring utterly false and untrue, to the various
criminal matters contained in the said articles ; that
the said Samuel Chase did, in fact, commit the nu
merous acts of oppression, persecution and injustice
of which he stands accused ; and the House of Re
presentatives in full confidence of the truth arid ^t^
tice of their accusation, and of the necessity of bring
ing the said Samuel Chase to a speedy and exem
plary punishment, and not doubting that the Senate
will use all becoming diligence to do justice to the
proceeding of the House of Representatives, and to
vindicate the honour of the nation, do aver their
charge against the said Samuel Chase to be true ;
and that the said Samuel Chase is guilty in such
manner as he stands impeached, and that the House
of Representatives will be ready to prove their
charges against him, at such convenient time and
places as shall be appointed for that purpose."
,7* " This indecent Report though opposed by
many of the democratic members, among whom
were to be seen a number of the New-England del
egation, passed without amendment, by a majority
of 43, and was presented to the Senate on the 7th."
^^—^wrewCT^Wß^^
FOREIGN ARTICLES.
LONDON, DECEMBER 17.
' PROGRESS OF CIYILIZA LION.
The elector of Hesse has sent notice to Mr. Taylor
the English resident at his court, to quit his territo
ries. He has actually taken bis departure, and the
secretary oflegation, who officiates ad interim as
charge d'affaires, will sptedily follow his example,
and quit the electorate, with all the papers belonging
to the embassy. Mr. Elliot must soon bid farewell
to Dresden ; and then there will no longer remain
any English ministers in Germany, with ttip excep
tion of those accredited to the courts of Vienna and
Berlin. The British Embassy who expected arri
val at Ratisbon, was lately talked Vs, will not now
proceed thither ; the principal states of the empire
having declared that the diet at Ratisbon hah no re
lations with England, having no affairs whatever to
transact with that country.
\ PARIS, NOY. 30.
Several diplomatic characters were yesterday in
troduced to the Emperor at the palace of the Thu
illeries. Among others, Mr. Livingston on his ta
king leave of the Emperor, and Mr. Armstrong to
present his credentials.
A gentleman just arrived from the contine^statei
that since the capture of Sir George Rumbold, every
person who is a British subject, or suspected of being
favorably inclined to England, is in apprehension of
arrest. All the beautiful villas round Hamburgh
are entirely deserted : all men of character, spir
it and property within the walls of Hr/nburg^haye
removed their property, papers and valuables to
the houses of foreign and neutral ambassadors, do
miciliary visi's being daily expected, under order!
of Bernadotte. This tyranny is not confined to thd
north of Germany, as the same gentleman was re
quested by one of the Frankfort senators, not to con
tinue in that city after the fair as the senate could not
answer for his safety.
BY THE MAILS.
Beware of Counterfeits—The public are cau
tioned to be on their guard against, a certain spu
rious and seditious Pamphlet lately put into circu
lation, in Massachusetts and Main tq injure tlie
fair fame, and defeat the relection of Gov. Strong.
—lt is a gross counterfeit, and can exsiy be distin
guished from Truth.
There are many counterfeit Twenty Dollar bills,
of the Bank of the United States, and of its several
Branches, in circulation. They are but indifferently
executed.
PORTLAND, FEB. 11.
Portland Post Offioe.—Much against our incli
nation, this subject once more impedes itself upon
us ; and we have received some pointed remarks
relative to the dismissal of Mr. Prentice, and the
appointment of Mr. Wingate. The remarks we
shall at present suppress ; as we indulge the hope,
that the office has fallen into the hands of a gentle
man whose opposite sentiments will not interfere
with an able and prompt discharge of its duties.
Yet, while we thus far feel encouragement from the
contrition of the Post-master-General, we regret
that no citizen of Portland could be found worthy
of being entrusted with the office. Indeed it is a
hard case, that when the citizens of the town, by
their enterprise and industry, support the office, that
they are denied a voice in recommending one who
is to conduct it—especially as every thing is at their
own risk, and government hazards nothing.
'Here our remarks would have ended, bad it not
been for an unnecessary and impudent falsehood of
our antagonist. Their paper asserted that Mr.
Wingrite was appointed, in the room "of Mr. Pren
ti* " resigned" I—On for honor, gentlem^ dr
In the course of Mr. Randolph's speech on the
report of the committee of claims, he corapared the
Yazoo speculators to the thieves whose cunning or
integrity is recorded in Dilworth's spelling book—
the original speculators declare they have not the
Yazoo beef in their possession, and those who are
plaguing congress, declare they did not steal it.
It is said the debates in Congress on the Yazoo
claim are to be pub^hsd in a pamphlet at Wash
ington. —
Letters from England say, that a complete coa
lition had been formed between, Lord Grenville,
Mr. Windham, Mr. Fox, and theirifrends, in oppo
sition to Mr. Pitt ; and that this coalition had pro
duced an alliance between the Morning Chronicle,
(Mr. Fox's paper) and Cobbet's Register. The
leading paper of Mr. Pitt, and the most ably con
ducted, is the Courier.
Capt. Jappie, at New-York, from Nantz, informs,
that there is a famine in almost all parts of Spain-—
and that the plague or fever had reached Italy, and
several other parts up the Mediterranean.
TRUTH NO LIBEL. The opinion formed
by the Committee, appointed by the House of Re
presentatives of this State, on Mr. Allen's motion,
with respect to the publication called ri the Monarchy
of Federalism" may be gathered from several po
sitions in their report, though with a most scrupu
lous regard to the limits of their legislative charac
ter they have avoided any assumption of judicial
prerogative.
Mr. Allen had stigmatized the " Monarchy of
Federalism" as a libellous publication ; but says tire
report "your committee are of opinion that every
citizen, who may have made a publication, which
might be chargeable as libellous, has a right to trial
by jury ; anil that the lairs of England on the sub
ject of libels, which holds that the greater the truth
is, the greateris the libel IS NOT THE LAW OF
THIS LAND."
We record this opinion with greater satisfaction,
as we find, that notwithstanding all that has been
hypocritically urged, in times past, respecting the
liberty of the press, the moment that democracy
obtains the ascendancy in this State, if that judg
ment must ever befal us, we shall not be allowed to
state facts to the people, if obnoxious to the party in
power. The doctrine advanced by Messrs. Bangs
and Allen ought justly to alarm every friend to re
publican government. They maintain that perso
nal censure, however well founded in tact, is libel
lous and punishable as such! These gentlemen will
not deny having taken this ground in the legisla
ture. Are the people of this state ready to see their
presses locked up, and information, on which their
liberties and happiness may depend, subjected to le
gal restrictions and penalty ? Are they ready to say,
that though one half of the individuals in the State
are in possession of facts which would shew a pub
lic officer to be a bad and dangerous man, that such
facts must not be communicated to the public ?
We did not suppose that any man, responsible to the
people, and holding his office of their election, would
dare, in Massachusetts, to avow such principles ;
but it is done, and only'proves that we are approach
ing to that state When tyranny will sit easy, and
our dearest privileges be resigned without one in
dignant frown.
Benjamin Franklin Seaver, of Boston is confined
at Bourde.aux, as an English spy. The Prosecu
tion is considered malicious, and hi# speedy release
expected.
The Senate of the United States have rejected a
treaty for extinguished the Indian title to certain
lands within the State of Georgia. The United
States were to have paid 200,000 dolls, by tlie crea
tion of an irredeemable stock.
By an amendment to the bill for preserving peace
in the liarbours of tlie United States it is provided
thet if any American seamen is hereafter impressed
the penalties in tlie Sth section shall be applicable.
FROM WASHINGTON. A gentleman, to
whose very friendly attention we have been often
indebted has forwarded us a copy of Judge Chase's
Defence, and the Replication by the House of
Representatives. We shall endeavor to present the
whole, or copious extracts to our readers as early
as possible, convinced that it is infinitely the most
important trial, ever witnessed in the United States,
and a subject involving some of the most essential
principles in th'e structure and administration of our
government. [Repertory.]
A TRUTH.--His Excellency CALEB STRONG
will unite the UNANIMOUS suffrages of all the
Federalists of Massachusetts, in April next.
There will be no disunion ; and we confidently
hope, no apathy.,
The bill on this subject has not yet assumed a
passable shape ; and the Senate ofthe United States
have seen fit to call upon the President for the
grounds of complaints on the subject, mentioned in
his opening Message-In consequence, The President
has communicated a letter from Mr. Merry to the
Secretary of State ; & another from the late Charge
dee-Affairs of France, both complaining of certain
instances arming private merchant vessels of the
United States.—lt appears also, that Gen. Turreau
the present French Minister, has made representa
tions on the subject to the Department of State.
ARMED MERCHANT SHIPS. ,
Capt. Pindar, arrived here from Cadiz, informs,
that the deadly fever which had raged there, had
intirely ceased, and that the harbour was still
blockaded by the British.—Mr. Baker, a 'naval of
ficer of the United States, came passenger with
Capt. P. on furlough :—He informs, that the Essex
of 32 guns, relieved by the Siren, had sailed from
Cadiz, for Malta :—That the blockade of Tripoly,
was not discontinued, though Commodore Baron
was sick at Malta :—That Commodore Preble, in
the John A dams, was at Palermo, in Sicily, and was
about to sail for the United States :—Tlit the brig
captured from the British, for breach of the block
ade of Tripoly, had been taken into public service,
named the Scourge, and was about to sail for Nor
folk, under Lt. Izard, having Lt. Marcellin, and a
nother officer of the squadron on board. Our
squadron had taken three Greek Vessels, bound to
Tripoly. War between Great-Britain and Spain
was feared and dreaded at Cadiz.
been proved incorrect. It appears to have origi
nated in an accident that occurred to the Pilot Stage,
which broke through the ice, in crossing Mill
Stone Creek, and was in the water above an hour.
We learn that there were five passengers in the
stage, one of whom had the misfortune of a broken
leg by the accident. The mail stage had passed a
short time previous.
" For some time past, dissention has existed in
the Rayal family of this Kingdom, owing entirely
to the Prince of Peace ; a short time before the rup
ture with the British, a story was propagated that
the King was to retire to a Francican convent ;
the Prince- of Asturias to be declared insane, and
the Queen and Prince of Peace appointed Regents,
which occasioned a great sensation at Madrid, and
on the minds of people generally. It is circulated
this day, that the Prince of Peace has been arrest
ed, which, if true, will give a total change to affairs
* —Considering the detestation in which this man is
held by all ranks of people, it is astonishing that he
should be permitted so long to sway the Empire.
"It is the wish of many Spaniards of high rank,
that an accommodation should take place with Bri
tain, but that appears now impossible,"
The report of the mail stage having been lost in
the Delaware, and all the passengers drowned, has .
From every part of the State we hear the sounds
of electioneering -The Democrats are trem
bling for their candidates They feel themselves
that their success is extremely doubtfal, and should
the FEDERAL REPUBLICANS make one man
ly effort they have no hopes of succeeding.
If our friends are not absolutely asleep, they will
once more elect the Governor.——Every man
who values the Judicial institutions of the State, will
make haste to give him their support : fcr in the
short reign of Democracy in this country, we be
hold every prospect of the National Judiciary being
humbled into dust—and who will say, that there is
less violence in the Democrats of New-Hampshire,
than in those at Washington ?
Those therefore, who are for an independent Ju
dicial establishment, will do well to support the fol
lowing TICKET :
PHILAD) FEB. 14.
INTERESTING.^
The Editor of the Register is indebted to a friend
for the following extract of a letter, from Spain da-'
ted Dec. 1, 1804 7—
" All British property in Spain has been seized,
and all vessels of that nation in our ports so that war
is decided.'„
mocrats, isthis true ? Have any of you the hardi*
hood to <ay our late Post-master resigned ? You f
cannot support the assertion-^He was DISMISSED^
to make loom for one of Mr. Dearborn's family ;
and a decent commiseration for his misfortune, on
your part, should have spared us the necessity of
asserting the fact. For we have no disposition to
exult over those reduced from public to private
stations.
, For Senators,
District No. 1. THO's LEAVITT, N. Hampton,
No. 2. OLIVER PEABODY, of Exeter.,
No. 3. JOHN ORR, of Bedford,j
No. 4/ W%. A KENT, of Concord.'
No. 5. JOHN WINGATE, of Madbury.(
No. 6. NATHAN TAYLOR, Sandbornton.
No. 7. ROBERT MEANS, of Amherst.
No. 8. WM. WALLACE, of Henniker. 1
No. 11. DANIEL KIMBLE, Plainfield.
No. 12. MOSES P. PAYSON, of Bath.
For Treasurer of Rockingham County b
OLIVER PEABODY of Exeter.
J For Regifler of Deeds,
NATHANIEL PARKER of Exeter.
SB®—
OUR DANGERS.
A Prime source of apprehension is the influence
of the example of Government on our habits and
morals. It is an inconsistency which posterity will t
never be able to explain, that a people professing j
Christanity, should elect for their Chief Magistrate
a manjgio scoffs at their Religion ; who thinks it a
mattMn uncertainty ,at least of indifference, wheth
er thenrare twenty Gods or one ; and who suppo
ses a decayed and tottering Temple to be good e
nough for a Saviour that was born in a mangas !
—The influence of these sentiments, enforced by
the character of a Chief Magistrate, is incalcula
ble^
Another evil to be dreaded, is the total loss of
the Constitution. To destoy this instrument entire
ly, is not the work of so much time as some imagine.
Give to the House of Representatives new and ex-«
traordinary powers tof Impeachment, as Mr Ran
dolph* wishes—annihilate the Senate, as Mr. Ep
pesf wishes—make the Coufts ofLhW answerable
to the Legislature, for the opinions which the,give,
„ Mr, GiR4 ^&ftwq, the perpetual Pre
JOSEPH BLANCHARD, Rockingham county.
WILLIAM HALE, Strafford county.
PHILIP GREELEY, Hillsborough county,
-DANIEL BLASDEL, Grafton county.
FOR GOVERNOR,
JOHN TAYLOR GILMAN,
\ «*®%< »
TUESDAY, FEBRUARY 26, 1805.
c* @* ® * ®^@^ = —
Approaching Election.
By Saturday Lvenings Mail.
The Oracle Post.
For Counsellors,
NEW-TORK, FEB. 15.
FROM SPAIN.