Rhode-Island Republican (Newport, R.I.), 1802-06-12 00:00:00

Rhode-Island Republican.
AN INDISSOLUBLE UNION OF THE STATES, IS ESSENTIAL TO THEIR LIBERTY AND EXISTENCE.—WASHINGTON.
Published weekly, by OLIVER FARNSWORTH, (Printer to the STATE, and of the LAWS of the UNITED STATES.) Water-Street, NEWPORT.
From the NATIONAL INTELLIGENCER.
A VIEW Of the Proceedings of the last Session of Congress TO THE PEOPLE OF THE UNITED STATES.
[Concluded from our last.]
CONGRESS have repealed the act passed in February 1801, establishing six new circuit courts, and limiting the labors of the judges of the supreme court, to the holding of two sessions in a year at the seat of government; and by another act have remedied the evils of the former system, by specifying the districts in which each judge of the supreme court should hold a circuit court, and dispensing with one session of the supreme court; by this they have effected an annual saving of 33,000 dollars, and abolished sixteen useless offices.
This measure was objected to, both as unconstitutional and impolitic.—As to the constitutionality of the measure, the distinction exists between the supreme and the subordinate courts. The former is created by the constitution; the latter by, and subject to, legislative discretion. One may be abolished; the other cannot. The objection that this doctrine destroys the judicial department, by engulfing it in the vortex of party is unfounded. The judges are not subject to the will of the executive, or even of the legislature. No new system is established, by which a new corps of judges is created. The administration of justice is entrusted, as it has heretofore been, to the judges of the supreme court, whose independence has not been affected, or even controverted. The right to create and abolish inferior courts has heretofore been acknowledged by the legislatures of New-Hampshire, Massachusetts, Pennsylvania, Maryland and Virginia, who have similar constitutions; and no legislature ever adopted a contrary construction. As to the policy of the measure, the only questions are, whether the six judges will be able to perform the service; and whether an annual session of the supreme court is sufficient.
To decide upon the ability of the judges to perform the service, let us consider the labors of one judge—judge Cushing, for instance. The law requires of him to hold annually, in conjunction with the district judges, two sessions of a circuit court in each of the states of New-Hampshire, Massachusetts, and Rhode-Island—Ten days may fairly be computed the full length of a session. The courts will then require sixty days. His travel in going to and returning from those courts cannot exceed 480 miles, which allowing for each 20 miles one day, amounts to 24 days more. A session of the supreme court will not require more than 21 days. His residence does not exceed 480 miles distance from the seat of government. At the above moderate rate of traveling, there must be added 48 days more, making the whole time while on expense and in public service, 153 days, or a little over five months, for which service he receives three thousand five hundred dollars in each year. A less portion of time than he devoted to the public service while a judge of the state courts of Massachusetts. As to the sufficiency of an annual supreme court it cannot be doubted, when it is known that for ten years that court decided but forty-three causes, and that at its last session the dockets consisted of eight only, three of which were decided.
Assuming the fact that there will be neither a greater or less number of causes before the supreme court, for 10 years to come, than there was for the first ten years after its establishment, and there appears no reasonable ground on which to calculate for an increase of business; it is easy to see what the comparison was between the services to be rendered and the compensation made according to the provisions of the act repealed at the last session of Congress.
The salaries allowed by law to the judges of that court amount annually to 21,500 dollars, of course in ten years to 215,000 dollars. The salaries, of the clerks for the same time is 2,300 dollars. Total amount of salaries for ten years is 217,300 dollars. In the course of ten years forty-three causes only were decided, as appears by the reports of Dallas. By this it is manifest that under the last federal judiciary system, which was repealed at the last session of Congress, the people of the United States would pay more than five thousand and fifty-three dollars for each decision. Does that man exist who will say the public money should be thus squandered?
A revision of the laws relating to naturalization has also taken place. The act of 1798 is repealed, and the former law revised, by which a residence of five years entitles a foreigner of good conduct and reputation to the rights of citizenship.
The justice due to a large number of people who emigrated under the faith of existing laws, and the policy of opening the wilderness and acquiring the arts and manufactures of Europe required this revision. It is only a revival of the Washington system.
Congress have continued to the officers residing at the seat of government the compensation they enjoyed under the act of 1799. This has been the subject of much newspaper abuse; it has been falsely represented as an augmentation of salaries.
The government has been charged with a departure from economical principles, and those gentlemen who supported the measure, but opposed the grant in 1799, have been charged with inconsistency. These charges will not be accredited, when it is known the expense of living is considerably higher at the seat of government, than at Philadelphia.
To prove this fact it is only necessary to resort to the acts of the late federal, and of the last session of Congress.
The act of 1799 ascertained as well the compensation of the clerks as of the officers. When the offices were removed to Washington, the increased expense of living rendered it necessary to augment the compensation of the clerks. They were accordingly increased fifteen per cent. The act allowing them fifteen per cent. expired last winter—it was revived—here is the concurrent testimony of both parties uniting in this proposition, there is a difference of fifteen per cent. in the price of living. To cover this difference of expenditure the salaries of 1799, were established for two years. In fact there was not a member of the opposition who contended the salaries were too high.
To facilitate the progress of information, and private intercourse an increased expenditure of the revenue of the general post office has been authorized, both to ensure the more safe and expeditious transportation of the mail, and to extend the benefits of the establishment to the inhabitants residing upon or near almost 60 new established post roads. It was proposed to remove the postage from newspapers. The danger of retarding the progress of the mails, and destroying country presses, prevented the adoption of this measure. This postage is not a tax. It does not amount to one fourth part of the monies expended in their conveyance by government.
In addition to these measures, the compensations of the collectors of the revenue have been reduced. This has effected an annual saving of about 17,000 dollars.
The prompt and ready payment of the public monies, and the eventual responsibility of the officers of government, have been secured by an act declaring, that each bond shall be a lien on the real estates of both principal and surety, and shall be renewed once in four years.
The object of every grant of money has been specified with accuracy and precision, to ensure its just application, & to limit the powers of executive officers as far as possible.
The danger of war with the savages has been removed by providing for a general establishment of our boundary lines, and for a due regulation of the intercourse between this nation and their tribes.
And lastly—The people of the territory North-west of the river Ohio, have been elevated to the rank of freemen and the consequent blessings of self government, by an act authorizing them to call a convention, form a constitution, organize a government, and become a member of the union.
Having concisely stated the important acts, passed by the legislature, it only remains to give the public a general view of the reduction of national expenditure, since the change of administration.
These reductions are of two kinds—First—Of expenditures which are casual or temporary, and which ought not to be brought into the estimate in ascertaining our yearly burdens, or in forming an opinion of the different systems contended for. Of these are the erecting and repairing fortifications. The appropriations for the support of seamen, and the like. The expenditures of this kind for the current year have been lessened about one hundred and sixty thousand dollars.
Second—Those expenses which according to the late system of politics were permanent and annual, and may be fairly taken into view to determine which political party is best entitled to national confidence.
Of these expenditures, from the peace establishment of the late administration, the following reductions have been made by the executive and by Congress at its last session.
  By the executive in reducing various offices whose existence depended on his will, and other economical arrangements made before the session of Congress, was effected an annual saving of Dolls. Cts.   By a further reduction of the marine corps just ordered with a view to pay only those who are actively employed has been produced a further saving of 161,695 91   By Congress—by reducing a part of the army 39,900   By reducing a part of the navy 522,000   By repealing the whole system of internal taxation, there has been saved to the people out of the fees of the excise officers 135,000 dollars over and above the sum necessary to defray the collections of imposts to an amount equal to the whole revenue derived from internal taxation; it being the difference between the expenses of the two systems. 200,000   b. abolishing the late judicial system and establishing the former system 135,000   By reducing the commission of the collectors of customs, say 33,000   Total amount of Dollars. 1,07,695 91 
Annual savings, one millions one hundred and seven thousand six hundred and ninety five dollars and ninety one cents.
The benefit of the reduction of expenditure will be more felt and appreciated by all classes when they know that these annual savings exceed the whole expense of all the state governments in the union, so that in a pecuniary point of view, they are more than equal to be flowing upon the people free from expense the whole benefits of state government.
The following is a statement of the annual expenditures of the several states:
  New-Hampshire expends yearly Dolls.   Massachusetts 38,000   Connecticut 110,000   Vermont 45,000   Rhode-Island 25,000   New-York 6,000   New-Jersey 139,000   Pennsylvania 35,000   Delaware 150,000   Maryland 11,000   Virginia 53,000   North Carolina 160,000   South-Carolina 35,000   Kentucky 150,000   Tennessee 50,000   Georgia 10,000   Total, one million and sixty thousand dollars. 1,060,000 
Which deducted from the aforesaid reductions leaves the sum of 47,695 dollars and ninety-one cents. The excess of the reductions beyond the whole expense of the state governments. The statement of state expenditures is not accurate, it is substantially true, and it is believed, that the gross amount is equal to the expenditure of the whole states.
The reader will reflect, that in those states where the expenditures are small, the relief to the people is annually much greater than the expenses of their state government.
Pursuing the same system of policy for twelve years, the period of time between the commencement of the present government and the close of Adams's administration would, upon the principle, that money is worth an annual interest of six per centum, lessen the amount of monies drawn from the people by taxation, the sum of eighteen millions six hundred and eighty six thousand seven hundred and sixty dollars, which divided among the people of the several states in the same proportion as they paid the land tax of two millions of dollars, would within that time be a relief to the people of the several states, of the following sums:
  To the people of Dolls.   New-Hampshire 726,028   Massachusetts 2,433,344   Rhode-Island 350,402   Connecticut 1,212,463   Vermont 437,869   New-York 1,697,515   New-Jersey 419,268   Pennsylvania 2,216,945   Delaware 284,324   Maryland 1,423,800   Virginia 3,228,027   Kentucky 351,722   North Carolina 1,809,794   Tennessee 175,712   South Carolina 1,055,784   Georgia 362,663 
To an average state consisting of one hundred towns it is equal to a grant to each of those towns of more than twelve thousand one hundred and twenty four dollars.
All this has been effected by the present administration in a little more than one year. The citizens have been left in the enjoyment of their civil and religious liberties. The nation has been respected abroad, and quiet and happy at home. The laws have been duly executed. The ties of morality remain in full force, and as perfect order has been preserved as was ever enjoyed on this side heaven.
Here is a just picture of the republican administration, which many have been taught to believe would destroy your civil and religious institutions, burn your temples, remove all distinctions between virtue and vice, rend asunder your conjugal ties, and substitute disorder and confusion for an obedience to law, and the due regulation of government.
LAWS OF THE UNION. [PUBLISHED BY AUTHORITY.]
SEVENTH CONGRESS of the UNITED STATES, at their first session. Begun and held at the City of Washington, in the Territory of Columbia, on Monday, the 7th of December, 1801.
AN ACT To amend the JUDICIAL SYSTEM of the United States.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the passing of this act, the supreme court of the United States shall be holden by the justices thereof, or any four of them, at the city of Washington, and shall have one session in each and every year, to commence on the first Monday of February annually, and that if four of the said justices shall not attend within ten days after the time hereby appointed for the commencement of the said session, the business of the said court shall be continued over till the next stated session thereof: Provided always, That any one or more of the said justices attending as aforesaid shall have power to make all necessary orders touching any suit, action, writ of error, process, pleadings or proceedings, returned to the said court or depending therein, preparatory to the hearing, trial or decision of such action, suit, appeal, writ of error, process, pleadings or proceedings. And so much of the act entitled "An act to establish the judicial courts of the United States," passed the twenty-fourth day of September, seventeen hundred and eighty nine, as provides for the holding a session of the supreme court of the United States, on the first Monday of August, annually, is hereby repealed.
Sec. 2. And be it further enacted, That it shall be the duty of the associate justice residing in the fourth circuit formed by this act, to attend at the city of Washington on the first Monday of August next, and on the first Monday of August each and every year thereafter, who shall have power to make all necessary orders touching any suit, action, appeal, writ of error, process, pleadings or proceedings, returned to the said court or depending therein, preparatory to the hearing, trial or decision of such action, suit, appeal, writ of error, process, pleadings or proceedings: and that all writs and process may be returnable to the said court on the said first Monday in August, in the same manner as to the session of the said court, herein before directed to be holden on the first Monday in February, and may also bear teste on the said first Monday in August, as though a session of the said court was holden on that day, and it shall be the duty of the clerk of the supreme court to attend the said justice on the said first Monday of August, in each and every year, who shall make due entry of all such matters and things as shall or may be ordered as aforesaid by the said justice, and at each and every such August session, all actions, pleas and other proceedings relative to any cause, civil or criminal, shall be continued over to the ensuing February session.
Sec. 3. And be it further enacted, That all actions, suits, process, pleadings and other proceedings, of what nature or kind soever, civil or criminal, which were continued from the supreme court of the United States, which was begun and holden on the first Monday of December last, to the next court to have been holden on the first Monday of June, under the act which passed on the thirteenth day of February, one thousand eight hundred and one, intitled, "An act to provide for the more convenient organization of the courts of the United States," and all writs, process and proceedings, as aforesaid, which are or may be made returnable to the same June session, shall be continued, returned to, and have day, in the session to be holden by this act, on the first Monday of August next; and such proceedings shall be had thereon, as is herein before provided.
Sec. 4. And be it further enacted, That the districts of the United States (excepting the districts of Maine, Kentucky, and Tennessee) shall be formed into six circuits in manner following:
 The districts of New-Hampshire, Massachusetts, and Rhode-Island, shall constitute the first circuit;  The districts of Connecticut, New-York, and Vermont, shall constitute the second circuit;  The districts of New-Jersey and Pennsylvania, shall constitute the third circuit;  The districts of Maryland and Delaware, shall constitute the fourth circuit;  The districts of Virginia and North-Carolina, shall constitute the fifth circuit; and  The districts of South-Carolina and Georgia, shall constitute the sixth circuit: 
And there shall be holden annually in each district of the said circuits, two courts, which shall be called circuit courts. In the first circuit, the said circuit courts shall consist of the

justice of the supreme court residing within the said circuit; and the district judge of the district where such court shall be held. And the sessions of the said court, in the district of New Hampshire, shall commence on the nineteenth day of May, and the second day of November, annually; in the district of Massachusetts, on the first day of June, and the twentieth day of October, annually; in the district of Rhode Island, on the fifteenth day of June, and the fifteenth day of November, annually.
In the second circuit, the said circuit court shall consist of the senior associate justice of the supreme court residing within the said circuit, and the district judge of the district where such court shall be held. And the sessions of the said court, in the district of Connecticut, shall commence on the thirteenth day of April, and the seventeenth day of September, annually; in the district of New York, on the first day of April, and the first day of September, annually; in the district of Vermont, on the first day of May, and the third day of October, annually.
In the third circuit, the said circuit court shall consist of the justice of the supreme court residing within the said circuit, and the district judge of the district where such court shall be held. And the sessions of the said court, in the district of New Jersey, shall commence on the first day of April, and the first day of October, annually; in the district of Pennsylvania, on the eleventh day of April, and the eleventh day of October, annually.
In the fourth circuit, the said circuit court shall consist of the justice of the supreme court residing within the said circuit, and the district judge of the district where such court shall be held. And the sessions of the said court, in the district of Delaware shall commence on the third day of June and the twenty-seventh day of October, annually; in the district of Maryland, on the first day of May, and the seventh day of November, annually; to be held hereafter at the city of Baltimore only.
In the fifth circuit, the circuit court shall consist of the present chief justice of the supreme court and the district judge of the district where such court shall be held, and the sessions of the said court in the district of Virginia, shall commence on the twenty-second day of May, and the twenty-second day of November, annually; in the district of North Carolina, on the fifteenth day of June, and the twenty-ninth day of December, annually.
In the sixth circuit, the said circuit court shall consist of the junior associate justice of the supreme court in the said circuit, and the district judge of the district where such court shall be held, and the sessions of the said court in the district of South Carolina shall commence at Charleston on the twentieth day of May, and at Columbia on the thirtieth day of November annually; in the district of Georgia, on the sixth day of May at Savannah, and on the fourteenth day of December hereafter at Louisville, annually: Provided , That when only one of the judges hereby directed to hold the circuit courts, shall attend, such circuit court may be held by the judge so attending, and that when any of the said courts shall happen on a Sunday, then the said court hereby directed to be held on such day, shall be held on the next day thereafter, and the circuit courts constituted by this act, shall be held at the same place or places in each district of every circuit as by law they were respectively required to be held previous to the thirteenth day of February, one thousand, eight hundred and one, excepting as is herein before directed. And none of the said courts shall be held until after the first day of July next, and the clerk of each district court shall be also clerk of the circuit court in such district, except as is herein after excepted.
Sec. 5. And be it further enacted , That on every appointment which shall be hereafter made of a chief justice or associate justice, the said chief justice and associate justices shall allot themselves among the aforesaid circuits as they shall think fit, and shall enter such allotment on record. And in case no such allotment shall be made by them at their session next succeeding such appointment, and also after the appointment of any judge as aforesaid, and before any allotment shall have been made, it shall and may be lawful for the President of the United States, to make such allotment as he shall deem proper, which allotment made in either case, shall be binding until another allotment shall be made; and the circuit courts constituted by this act, shall have all the power, authority and jurisdiction within the several districts of their respective circuits that before the thirteenth day of February one thousand eight hundred and one belonged to the circuit courts of the United States, and in all cases which by appeal or writ of error are, or shall be removed from a district to a circuit court, judgment shall be rendered in conformity to the opinion of the judge of the supreme court presiding in such circuit court.
Sec. 6. And be it further enacted , That whenever any question shall occur before a circuit court, upon which the opinions of the judges shall be opposed, the point upon which the disagreement shall happen, shall, during the same term, upon the request of either party, or their counsel, be stated under the direction of the court, to the supreme court, at their next session to be held thereafter; and shall, by the said court, be finally decided. And the decision of the supreme court, and their order in the premises, shall be remitted to the circuit court, and be there entered of record, and shall have effect according to the nature of the said judgment and order: Provided , that nothing herein contained shall prevent the cause from proceeding, if, in the opinion of the court, further proceedings can be had, without prejudice to the merits: And provided also , that imprisonment shall not be allowed nor punishment in any case be inflicted, where the judges of the said court are divided in opinion upon the question touching the said imprisonment or punishment.
Sec. 7. And be it further enacted , That the
district of North Carolina shall be divided into three districts, one to consist of all that part thereof which by the laws of the state of North Carolina, now forms the districts of Edenton and Halifax, which district shall be called the district of Albemarle, and a district court in and for the same, shall be held at Edenton by the district judge of North Carolina on the third Tuesday in April, on the third Tuesday in August, and on the third Tuesday in December, in each and every year; one other to be called the district of Pamptico, and to consist of all that part of North Carolina which by the laws of the said state now forms the districts of Newbern and Hillsborough, together with all that part of the district of Wilmington which lies to the northward and eastward of new river; for which district of Pamptico, a district court shall be held at Newbern by the district judge last aforesaid on the second Tuesday in April, on the second Tuesday in August, and on the second Tuesday in December, in each and every year; and one other to consist of the remaining part of the said district of North Carolina, and to be called the district of Cape Fear, in and for which a district court shall be held at Wilmington by the district judge last aforesaid, on the first Tuesday in April, on the first Tuesday in August, and on the first Tuesday in December, in each and every year; which said district courts hereby directed to be held shall respectively have and exercise within their several districts, the same powers, authority and jurisdiction which are vested by law in the district courts of the United States.
Sec. 8. And be it further enacted , That the circuit court and district courts for the district of North Carolina shall appoint clerks for the said courts respectively, which clerks shall reside and keep the records of the said courts at the places of holding the courts, where they shall respectively belong, and shall perform the same duties and be entitled to, and receive the same emoluments and fees, respectively, which are by law established for the clerks of the circuit and district courts of the United States, respectively.
Sec. 9. And be it further enacted , That all actions, causes, pleas, process and other proceedings relative to any cause, civil or criminal, which shall be returnable to, or depending in the several circuit or district courts of the United States, on the first day of July next, shall be and are hereby declared to be respectively transferred, returned and continued to the several circuit and district courts constituted by this act, at the times herein before and herein after appointed for the holding of each of the said courts, and shall be heard, tried and determined therein in the same manner and with the same effect, as if no change had been made in the said courts. And it shall be the duty of the clerk of each and every court hereby constituted, to receive and to take into his safe keeping the writs, process, pleas, proceedings and papers of all those causes and actions which by this act shall be transferred, returned or continued to such court, and also all the records and office papers of every kind respectively belonging to the courts abolished by the repeal of the act entitled "an act to provide for the more convenient organization of the courts of the United States," and from which the said cause shall have been transferred as aforesaid.
Sec. 10. And be it further enacted , That all suits, process, pleadings and other proceedings, of what nature or kind soever, depending in the circuit court in the district of Ohio, and which shall have been, or may hereafter be commenced within the territory of the United States north west of the river Ohio, in the said court, shall, from and after the first day of July next, be continued, over, returned, and made cognizable, in the superior court of the said territory next thereafter to be held, and all actions, suits, process, pleadings, and other proceedings as aforesaid depending in the circuit court of the said district, and which shall have been or may hereafter be commenced within the Indiana territory in said court, shall, from and after the first day of July next, be continued over, returned and made cognizable in the superior court of the said Indiana territory, next thereafter to be held.
Sec. 11. And be it further enacted , That in all cases in which proceedings shall on the said first day of July next, be pending under a commission of bankruptcy issued in pursuance of the aforesaid act, entitled "an act to provide for the more convenient organization of the courts of the United States," the cognizance of the same shall be, and hereby is transferred to, and vested in, the district judge of the district within which such commission shall have issued, who is hereby empowered to proceed therein in the same manner and to the same effect, as if such commission of bankruptcy had been issued by his order.
Sec. 12. And be it further enacted , That from and after the first day of July next, the district judges of Kentucky and Tennessee, shall be and hereby are severally entitled to a salary of fifteen hundred dollars, annually, to be paid quarterly yearly at the treasury of the United States.
Sec. 13. And be it further enacted , That the marshals and attorneys of the United States, for the districts which were not divided, or within the limits of which, new districts were not erected, by the act entitled "an act to provide for the more convenient organization of the courts of the United States," passed the thirteenth day of February, one thousand eight hundred and one, shall continue to be marshals and attorneys for such districts respectively, unless removed by the President of the United States, and in all other districts which were divided or within the limits of which new districts were erected by the last recited act, the President of the United States be, and hereby is empowered, from and after the first day of July next, to discontinue all such supernumerary marshals and district attorneys of the United States, in such districts respectively, as he shall deem expedient, so that there shall be but one marshal
and district attorney to each district; and every marshal and district attorney who shall be continued in office, or appointed by the President of the United States in such districts, shall have and exercise the same powers, perform the same duties, give the same bond with sureties, take the same oath, be subject to the same penalties and regulations as are, or may be prescribed by law, in respect to the marshals and district attorneys of the United States. And every marshal and district attorney who shall be so discontinued as aforesaid shall be held to deliver over all papers, matters and things in relation to their respective offices, to such marshals and district attorneys respectively who shall be so continued or appointed as aforesaid in such district in the same manner as is required by law, in cases of resignation or removal from office.
Sec. 14. And be it further enacted , That there shall be appointed by the President of the United States, from time to time, as many general commissioners of bankruptcy, in each district of the United States, as he may deem necessary; and upon petition to the judge of a district court for a commission of bankruptcy, a commission of bankruptcy, he shall proceed as is provided in and by an act, entitled "an act to establish an uniform system of bankruptcy throughout the United States," and appoint, not exceeding three of the said general commissioners as commissioners of the particular bankrupt petitioned against; and the said commissioners, together with the clerk, shall each be allowed as a full compensation for their services, when sitting and acting under their commissions, at the rate of six dollars per day for every day which they may be employed in the same business, to be apportioned among the several causes on which they may act on the same day, and to be paid out of the respective bankrupt's estate: Provided , That the commissioners, who may have been, or may be appointed in any district before notice shall be given of the appointment of commissioners for such district by the President in pursuance of this act, and who shall not then have completed their business, shall be authorized to proceed and finish the same, upon the terms of their original appointment.
Sec. 15. And be it further enacted , That the stated session of the district court, for the district of Virginia, heretofore directed to be held in the city of Williamburg, shall be held in the town of Norfolk, from and after the first day of July next, and the stated sessions of the district court for the district of Maryland, shall hereafter be held in the city of Baltimore only, and in the district of Georgia, the stated sessions of the district court shall be held in the city of Savannah only.
Sec. 16. And be it further enacted , That for the better establishment of the courts of the United States within the state of Tennessee, the said state shall be divided in two districts, one to consist of that part of said state, which lies on the East side of Cumberland mountain, and to be called the district of East Tennessee, the other to consist of the remaining part of said state, and to be called the district of West Tennessee.
Sec. 17. And be it further enacted , That the district judge of the United States, who shall hereafter perform the duties of district judge, within the state of Tennessee, shall annually hold four sessions; two at Knoxville, on the fourth Monday of April and the fourth Monday of October, in and for the district of East Tennessee, and two at Nashville, on the fourth Monday of May, and the fourth Monday of November, in and for the district of West Tennessee.
Sec. 18. And be it further enacted , That there shall be a clerk for each of the said districts, of East and West Tennessee, to be appointed by the judge thereof, who shall reside and keep the records of the said courts, at the places of holding the courts, where they respectively shall belong, and shall perform the same duties, and be entitled to, and receive the same emoluments and fees, which are established by law for the clerks of the district courts of the United States, respectively.
Sec. 19. And be it further enacted , That there shall be appointed, in and for each of the districts of East and West Tennessee, a marshal whose duty it shall be to attend the district courts hereby established, and who shall have and exercise within such district, the same powers, perform the same duties, be subject to the same penalties, give the same bond with sureties, take the same oath, be entitled to the same allowance, as a full compensation for all extra services, as hath heretofore been allowed to the marshal of the district of Tennessee, by a law, passed the 28th day of February, one thousand seven hundred and ninety-nine, and shall receive the same compensation and emoluments, and in all respects be subject to the same regulations as are now prescribed by law, in respect to the marshals of the United States, heretofore appointed: Provided , That the marshals of the districts of East and West Tennessee, now in office, shall, during the periods for which they have been appointed, unless sooner removed by the President of the United States, be and continue marshals for the several districts hereby established, within which they respectively reside.
Sec. 20. And be it further enacted , That there shall be appointed for each of the districts of East and West Tennessee, a person learned in the law, to act as attorney for the United States within such district; which attorney shall take an oath or affirmation for the faithful performance of the duties of his office, and shall prosecute in such district, all delinquencies, for crimes and offences, cognizable under the authority of the United States, and all civil actions or suits, in which the United States shall be concerned; and shall be entitled to the same allowance, as a full compensation for all extra services, as hath heretofore been allowed to attorneys of the district of Tennessee, by a law passed the twenty-eighth day of February, one thousand seven hundred and ninety-nine, and shall receive such compensation, emoluments and fees, as by law are or shall be allowed to the district attorneys of the United States, respectively: Provided , That the district attorneys of East and West Tennessee, now in office, shall severally and respectively be
attorneys for those districts, within which they reside, until removed by the President of the United States.
Sec. 21. And be it further enacted , That all actions, suits, process, pleadings and proceedings, of what nature or kind soever, which shall be depending or existing in the six circuit courts of the United States within the circuit courts of the districts of East and West Tennessee, shall be, and hereby are continued over to the district courts established by this act in manner following, that is to say: All such as shall on the first day of July next, be depending and undetermined, or shall then have been commenced, and made returnable before the circuit court of East Tennessee, to the next district court hereby directed to be held, within and for the district of East Tennessee; all such as shall be depending and undetermined, or shall have been commenced and made returnable before the circuit court of West Tennessee, to the next district court, hereby directed to be held, within and for the district of West Tennessee, and all the said suits shall then be equally regular and effectual, and shall be proceeded in, in the same manner as they could have been if the law authorizing the establishment of the sixth circuit of the United States, had not been repealed.
Sec. 22. And be it further enacted , That the next session of the district court for the district of Maine, shall be held on the last Tuesday in May next, and that the session of the said court heretofore held on the third Tuesday in June annually, shall thereafter be held annually, on the last Tuesday in May.
Sec. 23. And be it further enacted , That all writs and process which shall have been issued, and all recognizances returnable, and all suits and other proceedings which have been continued to the said district court on the 3d Tuesday in June next, shall be returned and held continued to the said last Tuesday of May next.
Sec. 24. And be it further enacted , That the chief judge of the district of Columbia, and said a district court of the United States, in and for the district on the first Tuesday of April, and on the first Tuesday of October, in every year; which court shall have and exercise within the said district, the same powers and jurisdiction which are by law vested in the district courts of the United States.
Sec. 25. And be it further enacted , That in all suits in equity, it shall be in the discretion of the court, upon the request of either party, to order the testimony of the witnesses therein, to be taken by deposition; which depositions shall be taken in conformity to the regulations prescribed by law for the courts of the highest original jurisdiction in equity, in cases of a similar nature, in that state in which the court of the United States may be held: Provided however , That nothing herein contained shall extend to the circuit courts which may be held in those states, in which testimony in chancery is not taken by deposition.
Sec. 26. And be it further enacted , That there shall be a clerk for the district court of Norfolk, to be appointed by the judge thereof, which clerk shall reside and keep the records of the said court at Norfolk aforesaid, and shall perform the same duties, and be entitled to, and receive the same fees and emoluments which are established by law for the clerks of the district courts of the United States.
Sec. 27. And be it further enacted , That from and after the first day of July next, there shall be held annually in the district of Vermont two stated sessions of the district court, which shall commence on the tenth day of October, at Rutland, and on the seventh day of May, at Windsor in each year; and when either of the said days shall happen on a Sunday, the said court hereby directed to be held on such day, shall be held on the day next thereafter.
Sec. 28. And be it further enacted , That the act entitled "An act altering the time of holding the district court in Vermont," and so much of the second section of the act entitled "An act giving effect to the laws of the United States within the state of Vermont," as provides for the holding four sessions annually, of the said district court in said district, from and after the first day of July next, be, and hereby are repealed.
Sec. 29. And be it further enacted , That the clerk of the said district court, shall not issue a process to summon, or cause to be returned, to any session of the said district court, a grand jury, unless by special order of the district judge and at the request of the district attorney; nor shall he cause to be summoned or returned, a petit jury to such sessions of the said district court, in which there shall appear to be no issue proper for the trial by jury, unless by special order of the judge as aforesaid. And it shall be the duty of the circuit court in the district of Vermont, at their stated sessions to give in charge to the grand juries all crimes, offences and misdemeanors, as are cognizable, as well in the said district court, as the said circuit court; and such bills of indictment as shall be found in the circuit court, and cognizable in the said district court, shall, at the discretion of the said circuit court, be transmitted by the clerk of the said court, pursuant to the order of the said circuit court, with all matters and things relating thereto, to the district court next thereafter to be held, in said district, and the same proceedings shall be had thereon in said district court, as though said bill of indictment had originated and been found in the said district court. And all recognizances of witnesses, taken by any magistrate in said district, for their appearance to testify in any case cognizable in either of the said courts, shall be to the circuit court next thereafter to be held in said district.
Sec. 30. And be it further enacted , That from and after the passing of this act, no special juries shall be returned by the clerks of any of the said circuit courts; but that in all cases in which it was the duty of the said clerks to return special juries before the passing of this act, it shall be the duty of the marshal for the district where such circuit court may be held, to return

Special Juries, in the same manner, and form, as by the laws of the respective States, the said clerks were required to return the same.  NATHANIEL MACON, Speaker of the House of Representatives.  A. BALDWIN, President of the Senate pro tempore. APPROVED, April 29, 1802.  TH: JEFFERSON, President of the United States.
NEW-YORK, May 29.
Extract of a letter from an officer on board the Enterprise, Capt. Sterett, dated Gibraltar, April 2, 1802, to his friend in the City of Washington.
"We left Baltimore on the 15th Feb. and after experiencing many heavy gales, arrived in harbor on the 30th ult.—On the 14th in a heavy gale of wind a sea struck us, and for near a minute we were on our beam ends, the cabin and ward-room were filled with water, our stern parted, part of our waist was stove in, several new sails, all our sweeps, and two men were washed overboard, but the next sea washed the men in again. At this time I considered death as inevitable; however it proved to me the value of our little vessel—The Squadron under admiral Keith is laying here just arrived from Egypt; also the Portuguese admiral, who has landed 8000 troops. Our ships have nothing to do. The Tripolitans are in a state of starvation and much dissatisfied that peace cannot be concluded."
"Our Schooner is repairing, and as soon as done we shall sail for Malta, our cruising ground. Capt. Sterett, I cannot speak in too high terms of, or too flattering. I wish my country may do him the justice he merits."
From Cape-Francois, May 19.
Capt. Weld has arrived at quarantine road in a very short passage from the Cape, bringing news to the above date. Toussaint and all the blacks had surrendered—the latter were ordered to their original plantations. Le-Clerc was at Tortudas for his health. A fleet with troops had arrived at Guadalupe from France.
Six thousand troops had passed the Cape in a squadron to take possession of Louisiana.
"An instance of voluntary abstinence has lately taken place, perhaps unparalleled. An insane person, Honoratio Seney , of Church-Hill, in Queen Anne's county, Maryland, a few days ago completed a fast of forty-four days! being determined (as he frequently declared) to out fast our Blessed Saviour."
"During this whole period, he suffered nothing to pass his lips but cold water:—No persuasion whatever could prevail on him to mix milk with it. Meat, bread, &c. were repeatedly put in his way, that he might take it by stealth—it remained untouched."
"On the morning of the forty fifth day he broke his fast by eating one perch and two mouth-fuls of hominy—observing, that as his last meal was fish, his first should be the same. After this, in going to the door, he fell down—was taken up and put to bed; the next day he took half a cup of coffee, and one small biscuit which was the last food he partook of. A short time after this, perhaps one hour, he expired."
"During this wonderful fast, he rode about as usual; exhibiting a most horrid spectacle, his bones nearly through his skin, his lips shrunk so as to discover his teeth and gums complete. He was perfectly harmless, never having injured any one, he was therefore suffered to go at large. He was also remarkable for a retentive memory."
The French Government have lately published an article which has produced some sensation at Paris. It is the correspondence of the Emigrants at Bareuth, and the disclosure of the intrigues they carried on with the interior of France. It is there stated that the late Ministers of this country paid 200,000 francs a month (upwards of 8000. sterling) to persons calling themselves the principal
Agents of the Royal cause, many of whom pocketed the money. The whole intrigue appears to have been of the most contemptible nature.
NEWPORT, Saturday, June 12, 1802.
Appointment by Authority.
WALTER NICHOLS, Esq. Naval Officer for the district of Newport, vice Robert Crooke, Esq. deceased.
Accounts have been received at New-York from Guadalupe, that when the fleet arrived there from France, Pelage surrendered Point Petre and Grand-Terre, but that Delgres, another black general, resisted at Bals-Terre, which was finally taken by storm, and 3 or 4000 persons killed. About 6000 blacks still held Fort Charles, which was invested, by 5000 troops from France.
The American Citizen and the New-York Evening Post, have commenced a warfare of which Mr. Burr the Vice-President, is the object. The suppression of a book entitled the History of John Adams' Administration is the principal matter of charge against Mr. Burr, who it is said gave a large sum of money to suppress it. We shall not give Mr. Burr up upon these grounds—we shall wait for better information. Aur.
More beauties of Federalism. The following are items of sums paid by the public for removals to Washington. Total of monies paid for removals in 1800. 72,683 68 Ditto, in 1801. 6,320 27 79,003 95 *Of which the Pres. had 11,759.38 Congress 9,000 20,759 33 58,243 57 Deduct for other services, 10,078 48,165 57 * Query—was the household furniture charged in this item? ib.
The Federalists, in their attachment to Britain, completely condemn Mr. Adams' administration. If England can borrow money at four per cent, how comes it about that we were obliged to give eight per cent?—It appears then, that there is more economy in the British government, than there was in the American, under Mr. Adams.—An Eight per cent. Loan, in the utmost extremities of that nation, would have brought the Negotiators to the BLOCK. [Chron.]
COMMUNICATION.
Mr. FARNSWORTH. Having seen it exultingly represented in some of the late federal papers that there were more federal Members in the general court of Massachusetts this year than there were last, it may not be amiss to inform the public how one of the federal representatives obtained his re-election. He did not entertain the least hopes of being honored with the suffrages of his townsmen, and therefore said he should not go if chosen. The tools of the federal party took hold of this expression, and reported what he (the Squire) had declared. The least we can do, said they, is to vote for him, and let him have the honor of resigning. This stratagem took, and it is a fact that republican votes were obtained for him upon this very principle; and finding he was chosen, declared he should accept the appointment. If by such deception a majority of feds is chosen in the bay state (as undoubtedly is the case) the triumph of the enemies of our republican Constitution and of the present administration of the general government, will cease the moment the well meaning people are undeceived. Plain Truth.
The project of dismembering the Continent, and of severing New-England from the southern States, is now openly avowed by the leaders of the federal party. For this suggestion, we have unquestionable authority. With how much propriety these people can assume to themselves the name of federalists, we leave the public to decide, by comparing the plan, with the sound of the word. The purposes of federalism, it seems, are to be accomplished by destroying the Union of the States, cancelling the federal compact, and erecting a petty sovereignty upon the ruins of our broad national government. It would be idle to trace the
consequences of this disunion. They are within the calculation of every school boy. A civil war would be the immediate evil. Pillage and slaughter, among the negroes in the southern section of the continent, would accelerate the ruin of the country; and subjection to some foreign invader, would finish the catastrophe of our political Drama! From such federalism, and such federalists, may the Lord, in his mercy, deliver us!! Regis.
WILMINGTON, May 27.
A gentleman, now at Cape-Francois, has obligingly forwarded the following to the Editor, which he has lost no time in translating and laying before his readers.
EXTRACT.
In the name of the French Government—The General in Chief, to General Toussaint.
It is with pleasure, Citizen General, I see the part you have taken in submitting to the arms of the Republic. Those who have endeavored to deceive you, with respect to the real intentions of the French government, are extremely culpable. It is not, however, our business, at present, to seek for the authors of past evils; but to endeavor to restore the colony, as speedily as possible, to its former prosperity.
You general, and the troops under your command as well as the inhabitants of the colony who are with you need be under no apprehension for any past transactions. I will draw a veil of oblivion over all that has happened before my arrival at St. Domingo. In this I imitate the example which the First Consul gave to France, after 18th Brumaire.
A new order of things has taken place: hereafter we shall know of no distinction among the Citizens, but those of the good and the bad.
LE CLERC, General in Chief.
Head Quarters at the Cape, 13th Florial.
The dwelling house of a Mr. Lee, land, of Brighton (Mass.) was consumed by fire on the 25th ult. and three children perished in the flames.
"Seventy-Five," No. 2, is received—and we are sorry to say, is unavoidably deferred till our next for want of room. "A Republican" is also received, and under consideration.
A half sheet supplement, containing Advertisements entire, is issued with this day's paper.
MARRIED.—On Sunday evening last, by the Rev. Joshua Bradley, Mr. JOHN A. SHAW, to Miss ELIZABETH MUCHMORE, both of this town.
DIED.—In Lanesborough, Massachusetts, on the 30th of April last, Mrs. HANNAH MOLTON, widow of the late Capt. Michael Molton, formerly of this town, in the eighty-first year of her age.
At Coaster's Harbor, the 6th inst. of the Small Pox, Mr. DANIEL HUDSON, son of Mr. Thomas Hudson of this town, in the 23d year of his age. A young man of fair reputation, & generally esteemed by all who knew him.
METEOROLOGICAL TABLE. Fabre's Thermometer—1802.
   Days Thermometer Winds. Weather.     1 59 SE Cloudy Fair   2 60 SW Fair D.   3 61 Do. Rain Rain   4 54 NW Fair Fair   5 58 Do. Do. Do.   6 62 SW Do. Do.   7 61 Do. Cloudy Cloudy   8 64 Do. Rain Do.   9 62 Do. Fair Do.   10 64 SE Do. Do.  
CUSTOM-HOUSE
District of Newport, June 11.
ENTERED. From
   Sloop Betty, Remington, Turks-Island   Lydia, Oxx, Bristol   Schooner American Lady, Phillips, Charleston   Sloop Two Sisters, Earl, New-York   Ship Agent, Pierce, Baltimore   Sloop Lydia, Oxx, Bristol   — Lettice, Horton, New-York   — Harriott, Smith, Bath   — Polly, Diman, Bristol   — Sally, Sabine, Nassau   — Sally, Spencer, Turks-Island   CLEARED.   Sloop Experiment, Munro, St. Thomas   Ship Agent, Pierce, Warran   Brig Betty, Arnold, Frenchmans Bay   — John, Cozzens, West-Indies   Sloop Lydia, Oxx, Bristol   — Harriott, Smith, New-York   — Two Sisters, Earl, Ditto   Ship Commerce, Coggeshall, Ditto   Sloop Montezuma, Cole, Ditto   — Polly, Diman, Bristol   — Fame, Waldin, Providence.  
WHEREAS at a Town-Meeting of the town of Newport, held June 4, 1802, It was Voted and Resolved, That a Tax of Five Thousand Three Hundred Dollars be immediately assessed on the Inhabitants of this town, and that the same be collected and paid into the Town-Treasury on or before the twentieth day of August next:—Therefore the rateable inhabitants of this town are hereby notified to present, to either of the subscribers, within Ten days from this date, a list of their rateable property.
THOMAS PECKHAM, SAMUEL CARR, JOHN CAHOONE, } Assessors.
Newport, June 7, 1802. 89
WE the Subscribers being by the Court of Probate for the town of Newport, appointed commissioners to receive, examine and adjust the claims of the creditors to the estate of JOSEPH MEMFORD, late of Newport, Tinplate-worker, deceased, represented insolvent,—Give notice to all persons having claims to said estate, to bring them in to either of us, at our respective dwellings, within six months from the date hereof, being the time allowed by said Court.
SAMUEL C. CARR, } Commis.
JOHN WANTON, } Jurors.
And all persons indebted to said estate, are requested to make immediate payment to MARY MUMFORD, Admin ra .
Newport, June 13, 1802. 89
MARY MUMFORD
RESPECTFULLY informs her friends and the public in general, that she carries on the Tinning business, in the South Shop of the same House where it was carried on by her deceased husband. She has at present on hand, a large assortment of TIN WARE, which she will dispose of very cheap for Cash.
Those persons who will please to favor her with their custom, may depend upon having their work faithfully done, and the smallest favor will be gratefully acknowledged.
Newport, June 13, 1802. 89
ALL persons having demands against the estate of Capt. GEORGE TAW, late of Jamestown, deceased, are requested to present them to the Subscriber for settlement, within six Months from this date, or they will be precluded by law; and those indebted to said estate, are desired to make immediate payment to ELISHA TEW, Executor.
Jamestown, June 8, 1802. 89
THE Subscribers, appointed by the Hon. Town Council of Newport, commissioners to receive and examine the claims against the estate of Alexander Matthews, late of said Newport, Mariner, deceased, represented insolvent; and six Months being allowed from this date for the same:—All persons having claims against said estate, are requested to exhibit them to either of us, at our dwellings within said time, or they will be precluded agreeably to law.
JOHN WANTON, } Commis.
CHRISTOPHER HOLT, } Jurors.
All persons indebted to said estate, are desired to make immediate payment to REBECCA MATTHEWS, Admin ra .
Newport, June 13, 1802. 89
WE the subscribers, being by the Honorable Court of Probate of the town of Newport, appointed commissioners, to receive, examine, and adjust the claims of the creditors to the estate of Joseph Dunkan, late of Newport aforesaid, Chair-maker, deceased, represented insolvent—hereby give notice to all persons having any claim against said estate, to bring them in to either of us, at our respective dwellings, within six months from the date hereof, being the time allowed by said Court therefor.
ANTHONY DIXON, } Commis.
FLEET S. GREENE, } Jurors.
And all persons indebted to said estate, are required to make immediate payment to ABRAHAM COREY, } Execut.
HANNAH COREY, } Jurors.
Newport, June 7, 1802. 89
FOR SALE,
The staunch Sloop LOUISA,
BURTHEN 74 tons, five years old, now lying at Stevens' wharf; in complete order, and is ready to receive a cargo immediately. Inventory may be seen, by applying to either of the Subscribers.
ROBERT LAWTON,
BENJAMIN MARSHALL.
Newport, June, 13, 1801. 89
JOHN R. SHEARMAN,
HAS opened an Assortment of DRY GOODS, (at the shop formerly occupied by Mrs. Sheffield) a few doors below Mr. Thomas Townsend's Coffee-House.
Newport, June 3. 88 1/2
Life of General Bonaparte.
Just received and for sale at the Book-Store of W. R. WILDER.
THE Life of BONAPARTE, First Consul of France, from his Birth to the Peace of Luneville—with an Elegant Head.—Price only One Dollar.
Newport, June 4. 88 1/2
For Sale as above, LECHORN HATS, covered with black silk, and green unders.—By the doz. or single.
Blank Deeds, and Justice's Writs, and Executions, for sale at this Office.
ALSO,
For Sale at this Office, The Public Laws of the State of Rhode-Island, passed since the year 1798.

THE FEDERAL JUDICIARY.
A NEW SONG.
THE Guardians of freedom, Were lately (God speed 'em!) Thrown into a terrible flutter,— By numerous losses, And all the sad crosses, Which Democracy's pupils could muster;— To cover the nation, Against innovation, Each federal grand luminary, Now boldly came forth, From the South to the North, In support of the Judiciary.
Pray credit your eyes, And behold with surprize, A problem which baffles solution: The federal BAR Were most zealous, by far, In protecting our dear Constitution! This corps was led on, By that amorous man, Generalissimo—Ex Secretary— Who, true to his trade, Many flourishes made In defence of the Judiciary.
He clearly foresaw, That by passing this law, Confusion amongst us would enter: Whilst Anarchy's crew, Would their revels renew, And the State be convulsed to its centre. The thought was alarming, (By no means so charming As Reynold's wife—pretty Mary!) —Some despotic lord, At the point of the sword, Would prop up the Judiciary.
Hear Morris's cry— Alfred's purse hung on high, The rabble still saw it before 'em; Yet to steal, none dare budge, For each worshipful judge. Still held up his rod in TERRorem. Now the people themselves, Are such pitiful elves, Of order they soon became weary; Nought keeps them in awe, But that bulwark of law, The federal Judiciary.
He saw, at one peep, That the system was cheap, And therefore he cherish'd it dearly; Say all that you can, 'Tis but one cent per man, Which is DUST IN THE BALANCE most clearly. The wisdom of measures, Which saw'd such poor treasures, Without hesitation he'd query— Then why not repent Of your wicked intent To abolish the Judiciary?
Next view in his place, With deacon like grace, Connecticut's exterminator— Whose cold professions And Scripture quotations, Oft mark out the prevaricator. In acting his part, He discovered a heart, As frigid as old January— Like the hand on the wall, "MENE TEKEL" he'd bawl, If you touch but the Judiciary.
Now Goddard and Byard, Did each of them try hard, To sacrifice time truth and reason; Whilst Rutledge, poor fellow! Reil'd o'er like "Othello", With fustian and truth out of season. And in the back ground, Bobby Harper was found, Still striving with claws to ensnare ye— In short the whole core Was in an uproar, On account of the Judiciary.
To sing all the SLANG Which composed each harangue, Stentorian lungs would require, Like one of the court, Let us cut the TAIL short, Lest patricide herself might expire. So since that they said — If this law you invade, The moon will become stationary: All nature perplex'd, Will be horribly vex'd, At this rape on the Judiciary.
They also contended— Since this was intended, The mountains must rally their forces; The rivers recoil, At such havoc and spoil, And roll back their floods to their sources: Old Chaos returns, And our children be born, Like Esau of old, rough and hairy— The grass cannot grow, If this terrible blow, Shall knock down the Judiciary!
Such whining, such canting, Such roaring and ranting, Must meet with their due estimation: Whilst faction may strive, To keep discord alive, We'll trust the good sense of the Nation.
May the men of our choice, (Says the popular voice) At their posts be found ever unwearied. "From time to time" still, As the people shall will, New MODAL THE JUDICIARY.
From the NATIONAL INTELLIGENCER.
To the AMERICAN PEOPLE.
No. III.
IN my last number I assigned pre-eminent rank among the federal members of the House of Representatives to Messrs. Bayard & Griswold . They were represented as actuated by an impetuosity of ambition, prone to hurry them into extravagance & passion. It is the object of my present remarks to prove the assertion; in doing this, for the purpose of great correctness, I shall be constrained, in the first place, to notice an individual, not from the real talents he possesses, but for the lead, which he has been suffered to take in the federal councils of the Senate; an individual, cradled in intrigue, who, thro' the successive gradations of life thro' which he has passed, has alone been consistent in an increasing hatred of liberty; an individual, who, not satisfied with vain efforts to obscure the lustre of Republicanism in this country, co-operated by dark and insidious schemes to frustrate it in another.
It will be recollected that the discussions respecting the repeal of the late judiciary law commenced in the Senate, and that the great champion of that law, the loud trumpet of federalism, was Governor Morris .
If there be a truth great beyond others, a truth consecrated by undissenting suffrage, one around which every wise thought and pure intention should cling, it is the necessity of the union of these States. To secure and protect this union our constitution was formed, and to cement and perpetuate it, has engaged the patriotic labors of our most enlightened and virtuous citizens. For the attainment of this object our soldiers bled, & our statesmen toiled. Cemented by the same interest, involved in one common destiny, with the same friends & enemies, with the same pursuits, and insulated alike by moral and physical relations from the other portions of the world, while every rational motive enforces the policy and necessity of union, it must follow that disunion can be the offspring only of madness or folly.
What produced those immense sacrifices of individual and state partialities which issued in the adoption of the federal constitution?—The paramount love of union. What has produced an acquiescence, even a cheerful acquiescence in those burthens which the necessities of the country required—but the love of union? What animated the actions of a Washington, or induced him to tender that profound and affectionate advice, whose parting accents enforced an adherence to the constitution, but the enlightened and virtuous conviction that on the union of these States depended the salvation of Republicanism? Has, in short, any citizen heretofore dared to suggest the idea of disunion?
Before this memorable period, the suggestion has not been made. It may have reposed in the bosom of treason, but it has never been avowed. It was reserved for Governor Morris , in a paroxysm of disappointed ambition, to menace his political opponents, and to alarm the nation with this new hydra of federalism.
He would probably deny the charge, and you, fellow-citizens, might not believe it, did he not stand committed on paper. But fortunately for truth, and more fortunately, perhaps, for liberty, he stands boldly committed.—Hear his own words:
In his first speech he says—"but remember, the moment this union is dissolved, we shall no longer be governed by votes."
Again—"We are now about to violate the constitution. Once touch it with unhallowed hands, sacrifice but one of its provisions, and we are gone. We commit the fate of America to the mercy of time and chance."
Again—"The contract [with the judge] is a solemn one. Can you violate it? If you can, you may throw the constitution into the flames—it is gone—it is dead."
"In his second speech he says: "Before then that you violate that independence [of the judges]—Pause—there are state sovereignties, as well as the sovereignty of the general government. There are cales—too many cales—in which the interest of one is not considered as the interest of the other. Should these conflict—if the judiciary be gone, the question is no longer of law, but of force. This is a state of things which no honest & wise man can view without horror."
Again— "But what, I ask, will be the situation of these states (organised as they now are) if by the dissolution of our national compact they be left to themselves? What is the probable result? We shall either be the victims of foreign intrigue, and split into factions, fall under the domination of a foreign power, or else after the misery and torment of civil war, become the subjects of an usurping military despot. What but this compact! What but this specific part of it, can save us from ruin? The judicial power; that fortress of the constitution, is now to be overturned."
Again— "I declare to you, that if you lose this charter, never! no never! will you get another. We are now perhaps arrived at the parting point. Here, even here, we stand on the brink of fate. Pause—Pause—For Heaven's sake pause!"
Such are a few of the many menaces hurled over the heads of the nation by Governor Morris , on this memorable occasion. They amount to the declaration, "I and my friends will make the constitution mean what we please, and unless our construction is accepted, the United States shall be shaken to their centre, political chaos shall return, and "ravaged towns" & bleeding "wounds" shall expiate your crime."
But the Ajax Talemon* was only the pioneer of party. Others, more distinguished for talents, and not less distinguished by zeal, brought up the rear. Among these stood James A. Bayard , unrivalled in hardihood of assertion, and in giving the most unlimited expression to federal terrors. This man, so signalized in antecedent congresses, for a bold violation of the constitution, who not only brought forward sedition laws, but insulted with unfeeling arrogance their unhappy victims, now, for the first time, stood, with gigantic bulk, the mighty champion of the charter of our rights!
Read his own words:— "We knew better, Sir, the characters who were to succeed us, and we knew that nothing was sacred in the eyes of radicals. No, Sir, I never had a thought that any thing belonging to the federal government was holy in the eyes of those gentlemen. I could never, therefore, imagine that a sanctuary could be built up which would not be violated. I believe these gentlemen regard public opinion because their power depends upon it, but I believe they respect no existing establishment or the government, and if public opinion could be bro't to support them, I have no doubt they would annihilate the whole."
Again— "The fears which I then felt, have not been dispelled but multiplied by what I have since seen. I know nothing which is to be allowed to stand. I observe the institutions of the government falling around me, and where the work of destruction is to end God alone knows. We discharged our consciences in establishing a judicial system, which now exists, and it will be for those who now hold the power of the government to answer for the abolition of it, which they at present meditate. We are told, that our law was against the sense of the nation. Let me tell those gentlemen, they are deceived, when
* In reply to the denunciations of Mr. Morris, General Mason, after exposing the violation of the constitution by the federal act of the last Congress, asked, with appropriate spirit: "Where were these guardians of the Constitution—these vigilant centinels of our rights and liberties, when this law passed? Were they asleep upon their post? Where was the gentleman from New York, who had on this debate made such a noble stand in favor of a violated constitution? Where was the Ajax Talemon of his party, or to use his own more correct expression, the faction to which he belonged? Where was the hero with his seven-fold shield? Not of bull's hide—but of brass—prepared to prevent or to punish this Trojan rape which he now sees meditated upon the constitution of his country by a wicked faction? Where was Hercules, that he did not crush these den of robbers that broke into the sanctuary of the constitution? Was he forgetful of his duty? Were his nerves enfeebled? Or was he the very leader of the band that broke down these constitutional ramparts?"
they call themselves the nation. They are only a domineering party, and though the son of federalism should never rise again, they will throt- ing them out of their places. I know it is the case of those in power, however they have acquired it, to call themselves the nation. We have recently witnessed an example of it abroad. How rapidly did the nation change in France, at one time Briss called himself the nation—then Robespierre , afterwards Tallien and Barras , and finally Bonaparte . But their dreams were soon dissipated, and they awoke in succession upon the scaffold, or in banishment. Let not these gentlemen flatter themselves, that heaven has reserved for them a peculiar destiny. What has happened to others in this country they must be liable to. Let them not exult too highly in the enjoyment of a little brief and fleeting authority. It was ours yesterday, it is theirs to-day, but tomorrow it may belong to others."
Again— "This doctrine is not a harmless absurdity, it is a most dangerous heresy. It is a doctrine which cannot be practiced without producing not discord only, but bloodshed. If you pass the bill upon your table the judges have a constitutional right to declare it void. I hope they will have courage to exercise that right; and if, Sir, I am called upon to take my side, standing acquitted in my conscience and before my God, of all motives but the support of the constitution of my country, I shall not tremble at the consequences."
"The constitution may have its enemies, but I know that it has also its friends. I beg gentlemen to pause before they take this rash step. There are many, very many who believe, if you strike this blow, you inflict a mortal wound on the constitution.—There are many now willing to spill their blood to defend that constitution. Are gentlemen disposed to risk the consequences?—Sir, I mean no threats—I have no expectation of appalling the stout hearts of my adversaries; but if gentlemen are regardless of themselves, let them consider their wives and children, their neighbors & their friends. Will they risk civil dissention; will they hazard the welfare; will they jeopardize the peace of the country, to save a paltry sum of money, less than thirty thousand dollars."
Again—"We are standing on the brink of that revolutionary torrent, which deluged in blood one of the fairest countries of Europe."
I have appealed to the very words, used on this occasion, to repel all surmise of unfairness. The subject is of infinite moment, and no man should be unjustly accused. There was a time, when words like these would have been denounced treason: there was a time when he who used them, would have been punished as a traitor. Thank God! those persecuting and sanguinary days are past. Our violated constitution and suspended liberties have survived the storm. Conscience is once more permitted to exercise her insulted rights, and the liberty of speech is again placed under the safeguard, as well of public opinion, as of the laws. But while this inestimable privilege is free to all, he who judges others may himself be judged; and it is but just that the same liberty which he takes with others should be applied to him.
On the 7th day of December, Governor Morris and James A. Bayard, in the presence of Almighty God, solemnly pronounced, "We swear to support the constitution of the United States." That constitution, which commences with these sacred words, "We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America."
On the 14th day of Jan. Governor Morris, and on the 19th day of February, James A. Bayard, in the presence of the people of America, in outrage of this solemn and voluntary obligation, menaced the nation with a destruction of this very constitution, with a subversion of order, with a demolition of domestic tranquility, with an annihilation of liberty, with civil war, with blood reeking from the scaffold, with the murder of women and children.
Fellow-citizens, who is there among you that does not shudder at the horrid sounds; if the sounds terrify you what would be your feeling at the realities? Know then, that these men have sent into the midst of you these alarms; know too, that it is not owing to them that they have not been realised. Yes, fellow-citizens extinguished that torch that threatened your towns with conflagration; you disarmed the bayonet that menaced your women and children with death; you laid to the mad rage of treason, in its wildest paroxysms, your malice is impotent with a people who can distinguish the sobriety of liberty from the uproar of faction.
In other countries the sword would have been unsheathed, and these men would have mounted a throne of a scaffold.
SYDNEY.