Norfolk gazette and publick ledger — Norfolk [Va.], 1807-02-11 00:00:00, page 2

State without an invasion, \fe should uo longer
remain as blind nanve are now to bin strength and
to our weak pens. Fading jfhat without year* oi
preparati.>a and it would then be too late to pre
> pare,*' ws could nothing, and that by offending
Buonaparte we should be hable to suffer every thing,
our administration would probably Mod excuses and
advocates enough for yielding the little points in con
troversy bfgween us and France. Talleyrand would
take cftre^ that the habit of yielding should be
strengthened by exercise, and we should quietly sink
a little at a time into a state of degradation and vas
salage without being able to tell precisely when and
« by what steps wc got there.
, These observations are not designed to wear the
aspect or to deserve the character of an attack by
one political party upon another. They spring
friNh the anxieties of a heart that is oppressed with
a deep and unfeigned concern for the liberty and in
dependence of our common country. Were it not
for a desire to aid their full impression upon every
patriotick mind, we should venture to appeal to the
conduct of our administration in respect first to
Spain and then to France, to shew that we should
certainly yield to Buonaparte, and that we certain
ly should not prepare to fight him. We could not
resist without preparation on u great scale, and as
it seems to be a thing settled by administration that
we are not prepared, of course we should submijj.
•Thq policy of France would guild our chains and
wrap them in covers of velvet. We should be cal
led her alliei, and the duties prescribed by that cha
racter would exact all that a couquerour would have
Occasion to require. Our government might even
remain elective on the single tacit condition that we
should choose Governours and President according
to the pleusme of gen. Turreau.* This very rea
son for a choice was used in Philadelphia with ef-*
feet fourteen years ago, anti without any sensible
$bock to the boasted pride and jealousy of our spi
rit and independence.
Finally we proceed to inquire, if any body can
really wish to inquire, whether the foresight and en
ergy of our counsels could be relied on seasonably
to call forth adequate means of defence, in case of
Such an invasion as we have supposed.
In order to determine conclusively, whether our
administration would provide such means before
hand, it is necessary to consider what means would
be necessary.
supposing tnc danger in case ot the tall ot tbe
navy of Great Britain to be real, which we think
none but fools and,traitors will dfny, and suppos
ing the proper question to be, what force would be
adequate, in cuse the world’s master should send ns
great and well appointed an army to attack us as he
could, the point is what means of defence could we,
and ought we, to prepare and when ?
Without some years of preparation neither infau
try, cavalry, nor artillerists, could be provided,—**
The least force that would deserve the name of all
army of defence would be fifteen thousand men.-*- ,
These, with an over proportion of oflicers, .Would
be capable of forming a practical military school.
Our present scattered troops can learn nothing 'and
of course could teach nothing. It is useless to for#
tify seaports without men to work the great guns.
A gie.it many artillerists arc therefore necessary.-#*!'
An infinite number of light pieces of horse artilhS;
ry would .dso be requisite. From the great extent
of our country and from the present total change'
in the practice of the art of war, the horse exer
cise ought to be taught in perfection in the military
science with a complete spirit and system of 8Hhor-i
dination.
Will it be answered that this is a project ftr i
standing army, always dangerous to liberty ? Dali*
gerons or not, it will ever be thought the •‘least of
tw'o dangers, when an invading enemy lands on otajft
■bores. And if dangerous, who' will enjoy the
powers that it confers to encroach upon the rights
of the citizens ? Not the federalists, but the ad
now in power whom their adherent# are never tired,
of entrusting with power. Dangerous we Confess a‘
standing army really is. Let us then do all we can,*
to guard agains the dangers of such an army. Let
us always array a select militia four or live times#*:
numerous as the regular army. Let this militia bit'
enlisted, disciplined and encamped and made sub
ject to martial law often enough to secure all. the
temper and habits that mark the soldier. Let no
officer command them, wliQ.is not a freeholder or
the son of a freeholder—And we avow our confident
nciiei mac we suouiu be less m danger troin such
an army than l’roni an army of Frenchman in the
Chesapeake. Anil when the crisis arrives, if.our
fears of an army of our own should hinder our ha
ving one, we must not expect to live another day
without an army,- but it will be an army of conquer
ors w ho will suck the blood from our arteries and
the marrow from the hones. * t f
* ' With an afmy of lifteen thousand men, and a mi
: litia made not in name but in fuel toldiers, we could
array a torce nearly as numerous as the French *n*
«vaders. We could assemble them as soon as the
Freuch could land, and the common militia could
be used with advantage to second the efforts of such
an army, the only use for which an undisciplined
* niilitia is fit. • '' f
* Such a select militia we should suppose need not
be immoderately expensive, nor perhaps more so
than our present system, if the fair price should be
' calculated for the labour of seven hundred thousand
men in the United Stales several days in each year.
*"It is howeyer better to use the publiek money
in self-defence than to tavc it for a conqueroui's
booty.
To this provision of force we should add a pow
erful naval force; not of paltry gun boats, but of
heavy ships. Being the second naval power in the
world, if we dare to compute our power either by
Mr commerce or number of seamen, we might in a
ibw years take the next place outlie ocean after
,{>reut Britain. Then if F.ngl*nd, so hateful to
France and apparently hateful to the administration,
should dccliue to defend us, we could defend oursel
' ves. We could meet an enemy oil the broad ocean,
* and sink his ships, rendered defenceless by crowds of
soldiers, to the bottom.
4 But if wc will not have > force either by land or
' sea we have nothing left but to -submit to the
dominion of a muster with the best grace that weean.
We have endeavoured to shew that unless we pos
i toss adequate means to defend ourselves we shall be
• It is a tact that in the Summer of 1ft' 0 a certain well
known intriguer came from the southward to this town, and
stated in very plain terms, that some gentlemen whose opi
nions he thought might influence the succeeding;, election
that Ur. Jtjtrton mtut he nadt Frt.Ucd, tr M malt jvfort tp
mt*l tki kuidttm cj Frunct. .
conquered by our fears. Our administration nil!
yield like the weak neighbours of Frauce without a
Struggle. It it impossible that Bonaparte should be
indifferent to us; that be should see our commerce
go to reinforce the ^strength of bis rival. Nor
would 'he fail to discern that a change of admini
stration might caH forth the torpid energies of our
country. Ambition tfili never sleep in peace, till
every rival sleeps in slavery or death. We have
then proceeded to prove that no raw force can Le
adequate in case of invasion; that we must over
power the French by numbers, cavalry and artille
ry, or be overpowered by them. We might have
added, that by preparing such a sort of force and
on such a scale, we should avoid the dire necessity
of resorting to it. A well prepared country is not
the one to he invaded.
When, however, we consider the scale on which
our defencoshould be prepared to repel an invasion,
supposing the British nation to be removed, it would
be ridiculous to expect a single step towards it to be
taken by Mr. Jefferson, lie already disclaims any
intention of preparing force, when there is only
“ a speck of war” on our horizon, and seems to as
sume it as undeniable, that such ii our present hap
py condition. Yet we deem it manifest that clouds
and thick vapours muffle our sun, moon and stars;
and the only speck of clear sky is to be seen by
looking at the British navy.
If our countrymen are rtnily in their hearts less
afraid of a French master than of salt and carri
age-taxes ; if they would save all their money at
the hazard of all their liberty, let'them still re
member, that their master will not be so frugal of
their hoarded treasure as they are. They will have
to yield then more in tribute than would now be re
quisite in taxes; and they will surely have to yield
it not only without the power of resistance hut
without the darling privilege of complaining.
On the whole we think these conclusions unde
niable.
1st. BonapaTte once freed from the obstruction
of the British navy, an event far from improbable
within two or three years, we should be in immi
nent and immediate clanger, from his all grasping
ambitition. .,$• .
2d. We can have no security againsi that
but by providing an adequate
strength.
3d. And
that
long
contain
this hou^Sjjp
tee to bring in
we ni ay destroy L
it m
pears to mi to be
.js like permitting yi
inai you may De loaded
that you may afterward
of the propriety of djscussfngiriis
when a subiect is so clear that every man Sat rtfSde
up his mind upon it, where is the need of discussi
on ? If it is not so cleat, will any gentleman say
that the discussion now had, ii\ which every mem
ber has a right to speak twice, which is once more
in my opinion ibVf is necessary, will not be suffici
ent to develope all the merits and demerits of the
bill ? Will gentlemen undertake to say, if every
member shall give the mature, .or as it may be the
crude suggestions of his mind, that the subject will
not be sufficiently discussed, and lead to the forma
tion of a correctjndgment) I believe it will. And
therefore on tbis ground, a bill may as well be de
cided in its present stage as before a committee of
the whole.
Some gentlemen to whom I have listened with
considerable gratification, tell us that out of res
pect to the otbei brunch, we ought not to reject the
bill. I however feel no such respect on this occa
sion, and shall express none. On the contra
ry, I am free to declare, that ‘when a mea
sure, tending to impose a burthen on the**peo-1
pic, or to detract from the privileges of the'
citizens, comes from that quarter, I shall al
ways view it with jealousy. The inequality of the
representation in that branch, the long tenure of of
fice, and the custom to which they are so famili
ar of conducting their proceedings in conclave—
(Thf House vtfll recollect how long it was after the
adoption of the constitution before the publitk could
get admission even into their two-penny gallery)_1
render all their proceedings touching the public bur
thens, or the liberties of the people, highly suspi
cious. And to sav the truth, I am not at all sur
prized that they did cose their doors on this occa
sion, that they might not be under the inspection
of the public eye, while they were passing the bill
i on the table. ,1 say to, because I am willing to
at>iita by the good old principle of judging all men bv
myself, and if I had introduced such a bill, I should
have been glad my name did pdt appear on the
journals, that the public might not know to whom
they were indebted for such a precedent.
1 have another objection to the bill, besides that
of the quarter from which it originated, or on the
manner in which it has been presented to the Bouse.
It appears to my mind like an oblique attempt to
cover a certain departure from an established law
of the land, arid a cerlaiu violation of the consti
tution of the United States, which we are told have
been committed in this country. Sir, recollect that
congress met on the first of December—that the
President had information of the incipient stage of
this conspiracy about the last of September—that
the proclamation issued before congress met, and
yet that no suggestion either from the Executive, or
from either branch of the legislature has transpired
touching the propriety of suspending the writ of
Habeas Corpus until this violation has taken place.
I will never agree in this side way to cover up such
a violation, by a proceeding highly dangerous to
the liberty of the country, or to agree that this in
valuable privilege shall be suspended, because it
lias been already violated, and suspended so after
the cause, if any there was, for it has ceased to ex
ist. No, I wishi to be true to those principles
which I have cpnStantl^iriaintained, and God wil
ling, ever will maintain: so long as I have a seat on
this floor, or have life. If has heretofore been the
glory ot those with whom I have combatted for the
principles of the constitution and laws of our coun
try in the persons of those in which they, have been
attempted to be violated, however infamous and
contemptible. When those* principles were pros
trated under the sedition law, what did we say ?—
That thteharacter of the man accused could not
change file laws of the land, or impair his rights {
■•Jt-that we would support the cons titutional rights !
of the citizen, in the person of the meanest rep
tile, as well as the person of those who occupy the
highest stations in society.' We have done so—let
us continue to do so. regardless of popular clamour
or odium, aud we shall still continue to find our
selves on trde ground. We never enquired what
kind of a man Callender was—we said sueh is the
law and the constitution—let justice take its course,
t could qUo|e other examples equally strong ; but
to the feelings of the house I squill de-.
»a ■
detaining the house so long. I
ivour to express the remaining
in a few words. There is ano
hich renders this bill highly ob
nsider the case as now at issue,
is under a military or ci
words, whether the mi
t to tjje civil power, or
iljj^ry. 1 conceive that
tiicn the military has not*J
ithority, but in which it
of omnipotent power:
Iculated to give a soften
this usurpation; and on
;o it. Suppose this bill
is, what has been the
ion ? By the expression
not mean conformably
liken up by a military tri
ontrary to law. I
can be transported
Ice with which he is
i also be deported to
iy Bay. And even
.ker) if such acts
>ur passage fiom
be arrested, put
hithersoever the
'o this I will ne
tt very well remark
oy an tnose who hav« preceded
theiwaate. My view of the subject is this
H-that this privilege can only be suspended in cases
Ik which, not merely the public safety requires it,
But the case of the public safety requiring it, must
be united with actual .invasion or actual rebellion.
Now with whatever epithets gentlemen may dignify
this conspiracy, I am not even of the opinion of
the gentleman from Maryland (Mr. Nelson)-—I
think it nothing more or less than an intrigue—and
I am happy that I can declare ou the honour, not
of'a soldier, but of a citizen, that I believe it to
be a foreign intrigue, availing itself of domestic
materials for answering its purposes, and poor in
deed must be the soil of this or of any other state
of society, which would not furnish such materials.
A gentleman from Massachusetts has stated to
the House, that the organization and administration
of the government at this time forbids the appre
hension of any abuse being made of the powers de
legated under this law. Surely, sir, the gentleman
could not mean to urge this as any thing new. He
must have known, if he had consulted history, as
doubtless he has, that the king de facto and the ad
ministration defacto is always above suspicion—
that there rtever was a proposition brought forward,
that did not find a majority ready to say—there is
surely no danger of any impoper use of this power
in our time,, for we are all honourable men, and we
would not delegate it, if an improper use could be
made of it; and that if we reject a measure, we
ought not to do it so much on account of ourselves,
as on account of those who come after us. And
what will‘those who come after us say of us? They
will follow our example, and declare that the cha
racter of theii forefathers was above every doubt
and suspicion. Now, for myself, I beg leave to be
permitted to disclaim every argument of this kind.
I do not indeed consider it fair to introduce such an
argument. Let us take up the question on its own
merits and demerits, without any allusion or refer
ence to our own virtues or the degeneracy of poste
, nty* For myself I have bo hesitation in saying,
jftat ijrtjj^n^^tt^constitution
#'eraPt one case in which the
■Cor^HKn be suspended, and I
Bo thflRiew of the subject, if it had
that I win not grant this power at "any time, ex
cept under the moat imperious necessity; and I say
this without any disrespect to this honourable bo
dy, or to any of Uie public functionaries. Take
man as be is, and in his best estate, you find hitn
an animal prone to abuse and to corruption. There
does not exist a single constitutton or law in the
world, that does not enforce this salutary troth.
I shall consider this bill if it passes, as establish
ing a new era in the government. When I was a
boy I recollect to have consulted such chronological
tables as I could get access to. I recollect to havn
read that at a certain time monarchy was abolished
in Rome—a little while after the first dictator was
named—then the second dictator—and I believe, as
in a case of apoplexy, she scarcely got over a third
fit. I believe a suspension of the writ of habeas
corpus might have here the same effect as the esta
blishment of the first dictatorship at Rome. In
what situation would it place yourselves and the ci
' tizens of this country ? It would leave them at the
mercy, not merely of a justice of the peace, but at
the mercy of every subaltern officer of the army
and navy. I believe it would comport as much with
the safety and interest of this confederacy to give
us power to send these people off, as to put this pow
er in their hands. I believe we should be as trust
worthy as they. And let me ask what compensa
tion to an innocent man, to a man of honour and
feeling, to a man of character, who should be tied
neck and heels and sent off to New-Orleans, and
who should ultimately be proved to be innocent, I
ask what compensation it would be to him to bring
an action of damages?—Against whom? A man
without visible property—and what act*n? An ac
tion on the most mercenary principle, to be in
demnified in his fame, by dollars, and cents.—
The injury would be i; reparable. At present all
stand under the law. If any one ofieiid, let him be
brought under it. But in this way, to put a man
in an oyster boat or skiff, and transport him to
a distance from the place of his arrest, and then
say he shall have a remedy, incase of his innocence,
against an iufenor officer, is absurd. If we pass
such a bill, which Clod forbid, it should contain a
large appropriation, and ' government should ;be
ooiig^a 10 maKP good the injured parly—to ationl
him redress. I say they should grant a large ap
propriation, for it is not for rurn with epaulets and
gold buttons to make reparation. If the bill passes,
we are told it will be but temporary. Why, the
sedition law was but temporary ; and I think, sir,
(a'luding to the speaker) you were one of those who
aided its passage much against your will, by being
present at the altar when it was more than once re
enacted. As to its three months continuance, I
consider that as one of the most objectionable fea
tures of the bill—As a bait to the trap—as the en
uring wedge. It it is made reconcileable to the in
terests and ieelings of this house to pass it for thre%
months, do you think we will then feel the same
lively repugnance to it that we now do ? No—it has
been truly said that no man became perfectly wick
ed at once—and it may be atiirmed with equal truth
tbat a nation is never enslaved at once. Men must
be initiated by degrees and their repugnance must
be gradually overcome.
j Let me state a case. Tis proposed to extend the
i time of service of the executive magistrate tro.n
tour to five or eight years, or for life. If it be pro
longed for a term, do you believe we shall stop at
its expiration ? No—Once extended for life be will
then claim the power to choose his successor, and
| the hereditary principle will follow. This is the
old trick. Let me, however, tell gentlemen
that old birds aie not to be caught with chaff,
' though unfortunately for them, the mass of
mankind does not consist of old birds. Pass one
other law, and I would quit the country. A twin
1 brother to this same bill was introduced into the
British parliament in 1794, and that bill to pre
vent seditious assemblies, was brought forward,
for about as good reasons as this.-Accord
ing to it, if four or five persons assembled
and refused on the n< tice of a magistrate to dis
perse, they were considered guilty of sedition, and
' dispersed by force. These two bills form a com
! plete tyranny, and tyranny of the most odious kind,
i because established under the mask of liberty.—
Was the tyranny of • Robespierre less intolerable,
oppressive or odious because inflicted in the name of
| the people, than alike tyranny in Turkey under the
grand seiguiorand his muftis ?' Take oue other thing
along with you. These two fatal wounds inflicted
on the liberties of the English nation, were inflict
ed by the man who caihe forward in the character
o! a reformer—by the man who came forward as
the advocate of a parliamentary reform, from
which circumstance he acquired that popularity
which enabled liim to inflict those deadly wounds
on the liberty of his country.
Having said so much with regard to the princi
ple, permit me to add oue word on the details of the
bill. There is a departure in it from the known,
accustomed and received language of the constitu
tion in the use of the word authority-— the words
are “ warrant or authority”—the expression is in
my opinion too lax. Perhaps we may be told that
the bill may be amended on the third reading. But
my objection to the principle contained in it is such,
that I will not consent to carry to a third reading,
that, which under no amendment can be rendered
palatable to my taste. Mr. Randolph concluded
by observing that he had so far exhausted hiuiself,
that he was unable to go on. ’
United States
j
vs.
Messrs. Bolivian and Swartuout. _
The following opinions were delivered on the 30lh uit. in
the Circuit Court of the district of Columbia, on the motion
to commit the prisoners. ^
Chief Judge Chanch delivered the following opinion.
It is the opinion of a majority of the judges that Erick
Bollman and Samuel Swartwout should be committed for
trial for the crime with which they are charged. It is also the
opinion of a majority of the judges that they should not be
admitted to bail at present.
Upon the mutinn heretofore made to this court by the at
torney of the U. States for a warrant to arrest Dr. Bollman
and Mr. Swartwout upon the charge of (reason against the
V. Stares, I thought myself bound to dissent from the opini
on of mv brethren on the bench, because I did not think
that the facts before us, supported by Aath or affirmation,
shewed probable cause to believe that either of the prisoners
had levied war against the U. States.
After further deliberation, and a more mature examinati
on, both of the evidence and the. iaw^my doubts are very
much confirmed.
In times like these, when the publio mind U agitated,
when wars, and rumours of wars, plots, conspiracies and
treasons excite alarm, it is thr duty of a courtto be peculiar
ly watchful lest the pqblic feeling should reach the seat of
justice, and thereby precedents be established which may
beconje the ready tools of faction in (jmen more disastrous.