The recorder, or, Lady's and gentleman's miscellany (Richmond, Va.), 1802-03-20 00:00:00

THE RECORDER; Or, LADY'S AND GENTLEMAN'S MISCELLANY;
Printed by HENRY PACE, and JAMES T. CALLENDER, RICHMOND, VIRGINIA; and published every SATURDAY Morning. Subscription Two Dollars per annum. SATURDAY, MARCH 20, 1802.
JOHN PUMFREY, BOOK-BINDER & STATIONER, RICHMOND.
BEGS Leave to make this public Acknowledgement of the Obligations he is under to his Friends and the Public, for the Encouragement he has hitherto received in the Line of his Business; and having taken every Means in his Power to aggravate it, hopes to have continued to him an equal Portion of their Favors in future.
He has lately received from London, Philadelphia, and New York, in addition to his former Stock in Trade, a large and general Assortment of
Stationary,
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He has, also, for sale, a constant Supply of ACCOUNT BOOKS, ruled and blank, bound in Leather, and half-bound, consisting of Day-Books Receipt Books Journals Memorandum Books, Ledgers ruled & blank Tobacco Books Music Books Record Books Copy and Cyphering Sheriff's Books Books, &c. Pocket Ledgers
Account Books ruled to any Pattern. Orders faithfully executed; and Book-Binding of every Description performed with Fidelity and Dispatch.
Richmond, Jan. 1, 1802.
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JOHN PUMFREY, Surviving Partner.
BOOKS:
FOR SALE,
At the RECORDER OFFICE:
 1. CAMPAIGN of General Buonaparte, in Italy, 1 vol. boards,  2. Madame Roland's Appeal to Impartial Posterity, 2 vols.  3. Dilworth's Schoolmaster's Assistant  4. An Impartial History of the Revolution of France, from the Acceptance of the Constitution of 1791, to the Execution of the Deputies of the Gironde Party, 2 vols.  5. Watt's Miscellanies,  And a Variety of Play-Books.
The Laws of Virginia,
TO BE PRINTED
By SAMUEL PLEASANTS, Jun. And HENRY PACE.
AMONG other numerous and important Improvements in the proposed Richmond Edition of "The Revised Code of the Laws of Virginia," the following will be particularly attended to:—The Act of Assembly, for convoking the Convention of this State, in Order to discuss the Question of the Federal Constitution;—the Law, respecting the Acceptance and Ratification of the Federal System;—the Laws concerning Canals, the Patowmac, the James River, and other Companies.
This edition will also comprehend the Compact with the State of Maryland, respecting the River Patowmac; and that regarding the Boundary between Pennsylvania, and Kentucky; with other Additions, too numerous for Insertion in this Place.
It has already been stated to the Public, that this Work will cost only SIX DOLLARS, elegantly bound and lettered, in one large octavo Volume.
Revised Code.
THE Publishers of the new edition of "The REVISED CODE of the LAWS of VIRGINIA," had advertised that the subscription for this work was to close on the first of March. They have since found it advisable to keep the Subscription open till further notice, as a number of copies of the printed proposals, which had been sent into the country, for the purpose of collecting Subscribers, have not yet been received back; and while the editors are accepting of lists of Subscribers from different parts of the State, they do not consider it as proper to decline the acceptance of Names in Richmond.
It has already been observed, that this edition will be rendered much more valuable than the former, by the addition of the Statutes of a public nature of EIGHT succeeding Sessions. In these, a considerable number of the Laws, inserted in the former edition have been revised, altered, or repealed. The whole will now be comprehended within a single volume, whereas the possessors of the former edition can only have recourse to them, at the expence of purchasing the entire sets of the Laws of all the former Sessions; of which an immense majority are of a private nature. Of course, these are totally uninteresting to magistrates, or lawyers; and besides the expence of the purchase, they are of a very unmanageable bulk.
To Printers.
WANTED,
A WHITE PRESSMAN,
Who has been regularly brought up to the Press, in the Book Line. None else need apply, as the work he is to be employed upon will require both the dispatch and neatness, of which a good workman only can be capable.
Any person whom this may suit, will meet with constant and certain employment, for five or six months (or perhaps longer) by applying at H. PACE's Printing-Office, City of Richmond.
Letters (post paid) addressed as above, daily answered.
N. B. The Newsprinters of Baltimore will oblige a brother type, by inserting this advertisement.
Richmond, Feb. 13.
WANTED,
As an Apprentice,
To the Printing Business,
A Young Man, of good Character and Connections, from the age of 13 to 16.
Apply at this Office.
SMALLWOOD & FORTUNE, TAYLORS,
RETURN their respectful Thanks for Favors already conferred on them by a generous Public, and beg Leave to inform them, that they have
REMOVED
Their Business to the Street leading up to Shockoe Hill, next Door to Crouch and Webber's CITY HOTEL, where all Orders committed to their Care will be thankfully received.
Every Article in the above Business executed with neatness and dispatch, and on the most reasonable Terms.
WM. M'CAY,
CLOCK & WATCH-MAKER,
MAIN-STREET, RICHMOND.
RESPECTFULLY informs his Friends, and the Public in general, that he continues to carry on the Clock and Watch-making Business in Part of the House occupied by JAMES COLLETT, Breeches Maker, where all Orders from the Country will be punctually attended to.
A Variety of Watches, Watch Chains, Keys, Trinkets, &c.
CALEB WILLIAMS.
[Continued from our last.]
WHAT is in the wind now? Do you think, you nasty strumpet, that you shall get the better of me by sheer impudence? Sit down! I'll rest you satisfied! Do you want to know by what right you are here, do you? By the right of possession. This house is mine, and you are in my power. There is no Mrs. Jakeman now to spirit you away; no, nor no Mr. Falkland to bully for you. Damn me, I have countermined you, and blown up all your schemes. Do you think I want any other right, to punish an audacious rebel like you? Do you think I will be contradicted and opposed for nothing? When did you ever know any body resist my will without being made to repent? And shall I now see myself brow-beaten by a chitty-faced girl? I am not come to that neither I have not given you a fortune? Damn you, who brought you up? I will make you a bill for clothing and lodging. Do not you know that every creditor has a right to stop his runaway debtor? You may think as you please; but here you are till you marry Grimes. Heaven and earth shall not prevent but I will get the better of your obstinacy yet.
Ungenerous, unmerciful man! and to it is enough for you that I have nobody to defend me? But I am not so helpless as you may imagine. You may imprison my body, but you cannot conquer my mind. Marry Mr. Grimes! And is this the way to bring me to your purpose? Every hardship I suffer puts still farther distant the end for which I am thus unjustly treated. You are not used to have your will contradicted! When did I ever contradict it? And in an affair that is so completely my own concern shall my will go for nothing? Are you not ashamed of laying down this rule for yourself, and suffering no other creature to take the benefit of it? I want nothing of you; how dare you refuse me the privilege of a reasonable being, and deny me to live unmolested in poverty and innocence? What sort of man do you show yourself in this case, you who lay claim to the respect and applause of every one that knows you?
The spirited reproaches of Emily had at first the effect to fill Mr. Tyrrel with astonishment, and make him feel abashed and overawed in the presence of this unprotected innocent. But his confusion was the result of surprise. When the first emotion wore off, his habitual passion returned. He cursed himself for an ass in being moved by her expostulations, and was ten times more exasperated against Emily for daring to talk to him in this provoking language, at a time when she had every thing to fear from his power. His despotic and unforgiving propensities were stimulated to a degree little short of madness. At the same time his manners, which were gloomy and thoughtful, led him to meditate a variety of schemes for the punishment of her obstinacy. He began to suspect that there was little hope of succeeding by open force; he therefore determined to have recourse to treachery.
He found in Grimes an instrument sufficiently adapted to his purpose. This fellow, who would not perhaps intentionally have hurt a worm, was fitted by the mere coarseness of his perceptions for the perpetration of the greatest injuries. He regarded both injury and advantage merely as they related to the gratifications of appetite; and considered it as an essential part of true wisdom to treat
with contempt the effeminacy of those who suffer themselves to be tormented with ideal misfortunes. He conceived that no happier destiny could befall a young woman than to be his wife, and believed that termination would be an ample compensation for any calamities she might suppose herself to undergo in the interval. He was therefore easily prevailed upon by certain temptations which Mr. Tyrrel knew how to employ, to take a part in the plot into which Miss Melville was meant to be betrayed.
Matters being thus prepared, Mr. Tyrrel proceeded through the means of the jailor, (for the experience he had already had of personal discussion did not incline him to repeat his visits) to play upon the fears of his prisoner. This woman, sometimes under pretence of friendship and sometimes with open malice, informed Emily from time to time of the preparations that were making for consummating her fate. One day the squire had rode over to look at a neat little farm which was destined for the habitation of the new-married couple, and at another a quantity of live stock and household furniture was procured, that every thing might be ready for their reception. She then told her of a licence that was bought, a parson in readiness, and a day fixed for the nuptials. When Emily endeavoured, though with increasing misgivings, to ridicule these proceedings as absolutely nugatory without her consent, her artful governess told her various stories of forced marriages, and assured her that neither protestations, nor silence, nor fainting would be of any avail, either to suspend the ceremony, or to let it aside when once performed.
The situation of Miss Melville was in an eminent degree pitiable. She had no intercourse but with her persecutors. She had not a human being with whom to consult, and who might afford her the smallest degree of consolation and encouragement. She had courage; but it was neither confirmed nor directed by the dictates of experience. It could not therefore be expected to be so inflexible as with better information it would no doubt have been found. She had a clear and noble spirit; but she had some of her sex's errors. Her mind sunk under the uniform terrors with which she was assailed, and her health became visibly impaired.
Her firmness being thus far undermined, Grimes, in pursuance of his instructions, took care in his next interview to throw out an insinuation, that for his own part he never cared much for the match, and, since she was so averse to it, would be very well contented that it should never take place. Emily was rejoiced to find her admirer in so favourable a disposition; and earnestly pressed him to give effect to this humane declaration. Her representations to him on this subject were full of eloquence and energy. Grimes appeared to be moved at the fervency of her manner; but objected the resentment of Mr. Tyrrel and his landlord, who would infallibly ruin him upon the least appearance of backwardness on his part, as poor Hawkins had been ruined before. At length however he suggested a project in consequence of which he might assist her in her escape, without its ever coming to their knowledge, as indeed there was no likelihood their suspicions in this case would fix upon him. To be sure, said he, you have refused me in a disdainful sort of a way, as a man may say. Mayhap you thought I was no better than a brute.
To be continued,

The Recorder.
RICHMOND.
SATURDAY, March 20th.
ERRATUM.
IN last Saturday's paper, it was stated that the commissioners for settling these state accounts were appointed under the confederations . This was a slip of the pen. They were appointed by the federal congress by an act of August the 5th, 1790.
Under the first column, of page second there was inserted a note respecting the Western frontier. This belonged to column 4th of page 3d; and was connected with the extract of a letter from St. Mary's, where the reader will find the #.
We did not observe either of these inaccuracies, till some time after the paper had gone to press; and as the post office was to be supplied immediately, there was not leisure to stop it.
RICHMOND
PRICE CURRENT STOCK.
Six per cents, 18 3/4 Three per cents, 10 3/4
COURSE OF EXCHANGE.
On London at 60 days, 30 per cent.
PRODUCE.
Richmond Tobacco, 26 3/4 cash. Flour, Fine, 30 3/4 cash. Ditto, Superfine, 33 3/4 cash. Wheat, Red, 6 3/4 White, 6 3/4 Indian Corn, 1 1/2 per barrel. Hemp, 45 per ton.
ON the 5th current, the committee of Ways and Means reported to the house of representatives a bill for the repeal of the internal taxes, to wit, on stills, distilled spirits, on refined sugars, licenses to retailers, sales at auction, pleasure carriages, and stamp duties. The annual product of these has lately mounted, if we mistake not, to eight hundred and fifty thousand dollars. And the difficulty is, whether they can be taken off without an oppressive addition to the impost . The mercantile interest will, most likely, feel an alarm; and, at any rate, we may expect a long series of debates.
A bill was on the same day reported for remitting the debts due by individual states.
MELANCHOLY ACCOUNT OF THE BRIG INDUSTRY.
Boston February 27.
Communicated in a Letter from one of the Passengers, to his Parents in this Town
"Dear Parents,
"Through the interposition of God, I am now enabled to write you; and to assure you and my other relations and friends, that no personal injury has been sustained by me altho' the loss of our vessel, of which you have heard, was attended with scenes of extreme misery, and with death to most of our crew and passengers. The particulars are these—On the 15th of November, we sailed from Halifax for St. John's, having on board 24 souls, 16 of whom were passengers and among them, a Lady with 3 children, the oldest 5 years and the youngest 10 months; on the 20th being then 70 miles west of Sable Island in the Bay of Fundy we discovered, at about 8 o'clock in the evening, a Fire in the after hold of the vessel; every endeavour was instantly tried to extinguish the flames but in vain; the dry goods with which she was principally loaded, were all in flames, and had spread to every part of the brig. In this dreadful situation, we had no other alternative, but to take to our boat, which being but 16 feet long, was ill calculated either for containing so many souls, or for navigating a sea which was then tempestuous. We however, left the brig about 10 o'clock, at night, and embarked on board our little boat; the wind then blowing from the land; the next day two of the men died, on the 3d, the Lady and her poor infants expired under their severe sufferings: from this time until we were taken up, the men were continually dying. The cries of the afflicted woman and her infant children, were the most heart piercing of any thing I ever felt or experienced; to have saved them I would willingly have sacrificed my own life. During this period, and until we were relieved, we had nothing to eat or drink; On the 6th day, we had but 5 out of the 24 that left the vessel with us; and these so exhausted with hunger and fatigue as to be unable to throw all the dead overboard; indeed, we were compelled to eat a part of the flesh of one man who had recently died! On the 7th day, we were providentially taken up by a vessel, and carried to Yarmouth on the Nova-Scotia shore, where every assistance and comfort were afforded. One of the 5 taken up is since dead, and the others except myself, so frost bitten, as to be forever maimed."
TRENTON, March 9th
Last Saturday afternoon, about one o'clock a fire was discovered issuing from the bellrey
of Princeton College. The wind blew extremely high, which rendered every exertion to arrest or extinguish the flames ineffectual. In two hours from the time it was discovered on fire, the whole building, walls excepted, was reduced to ashes.
The house of Mr. Agnew, adjoining the college, was several times on fire, but was fortunately rescued from the devouring elements. It is not known how the fire originated, but it is strongly suspected to have proceeded from design.
A letter dated February 12, has been received from Mr. Lear, our Consul at Cape Francois, from which the following circumstantial and interesting statement is derived.
ON the second of February, the French fleet, consisting of 14 sail of the line, and 9 frigates, appeared off the harbour. Every thing was immediately put in motion. The whites rejoicing, and the blacks preparing for resistance. They did not attempt to come in that day, although the wind and weather were very favorable. A cutter belonging to the fleet came in, and an aid of the admiral was sent to general Christophe, who commanded the town, to deliver to him the proclamation of the first consul, and to know if he should make any opposition. The answer from Christophe was, that he was but a subordinate officer, and that he could not permit the ships to enter without the orders of the governor. This determination and the preparation making for opposition, created a general alarm. Mr. Lear went round to the Americans, and advised them to get themselves and their most valuable effects on board the vessels in the harbour without delay. At midnight, the mayor and municipality waited upon him, with a request that he would attend a deputation of their body on board the fleet, to endeavour to make some accommodation that would save the town. He readily consented, from motives of humanity, and from a wish to know their disposition towards the Americans. They embarked about 2 o'clock, and at the same time Mr. Lear gave orders to the American vessels in the road, to move over to the opposite side of the harbour, that they might be as far as possible from the town. The ships having stood off in the night, the deputation did not get on board the admiral till one o'clock on the third inst. where the deputation were received by general Leclerc in a very severe manner, and informed that the ships would come in the next day at all events, and without any other terms than those offered in the proclamation (which follows this account.) After they had been dismissed, Mr. Lear was introduced to the general, and told him his double view in coming. He said as to the first, his determination had been delivered to the deputation, and as to the second, that the Americans might expect every protection he could give them. Mr. Lear returned with the deputation, and they reached the town about sunset, when they went to general Christophe, and informed him of the issue of their mission. He declared he would not yield a point on his part. Mr. Lear then asked him what the Americans had to depend upon. He said he would give permission in the morning for them to go on board their vessels. Mr. Lear retired to his house, and put up his most valuable papers and a few clothes, to take on board the American vessels with him in the morning. The town was filled with troops and other blacks from the country during the night. In the morning at daylight, Mr. Lear went to Christophe's for the order for the Americans to embark, and also desired that all the women and children and other whites might be permitted to go on board the American vessels, which would be ready to receive them. He was mounting his horse, and told him he would ride to the water and give orders to the guard to permit the Americans only to go on board the vessels. Mr. Lear entreated for the others, but in vain. Mr. Lear made such dispositions as to get off with a number of women and children who were there, and such Americans as appeared; all but four or five having gone on board.
The wind was high all day, and the fleet which was close in to the reef, could not enter the harbour. In the afternoon armed men were sent on board the American vessels, and every white and black French man found on board was taken out and carried in there. Just before dark, one of the ships stood in very near the fort, with every appearance of entering. The fort fired at her, which was returned, and a cannonading took place. All the forts around the harbour fired constantly, although some were not within 6 miles of the ships. This was the signal for firing the town, which was immediately begun, and in about one hour it exhibited an awful scene of conflagration. The ships did not attempt to come in.
The situation of the Americans on board the vessels was not very pleasant. They were totally defenceless, and within the power of the blacks; and a report had come off in the afternoon, that they would come on board, after burning the town, and destroy the vessels and massacre the people on board. There were 35 American vessels in the port (which was the whole number, a few small French ones excepted) and as there appeared no other chances for safety, after they should have got
ged themselves on shore, but from some of the ships coming in (which they could not do in the night) or from a detachment of boats sent in by them with the troops, Mr. Lear determined at once to go out by the forts in a boat, and endeavour to get in a detachment of boats. On passing the forts, every thing was silent, which convinced him they had abandoned them, after setting fire to the town. He got out safely; and as the ships stood off, it was daylight before he got on board the admiral. He told his situation to him, and the admiral assured him he would go in with his ships without delay, as they could now go in as soon or sooner than the boats. Accordingly about 12 o'clock they entered the harbour, without a gun from the forts, which had been abandoned. They found the American shipping safe, as the blacks were still pillaging the town amidst the flames.
The troops instantly landed from the ships, and the town was immediately cleared of the blacks, and a few houses (perhaps 60 out of 600) saved.
The attempt to describe the scene of desolation is impossible. The property lost by the Americans in the town was very considerable. In goods and debts due from those who lost their all, it must be nearly 300,000 dollars. Only one American lost his life, a Mr. Lanchester, of the house of Lanchester and Richardson, from Charleston, (S. C.) He tarried on shore with a determination to save his property or perish with it, and unhappily suffered. He was killed in his house and almost consumed in the flames. Few other whites were killed, as they appeared to be more intent on plunder than murder. Three Americans saved their houses, but their goods were pillaged, viz. Mr. Dodge, Messrs. Helshen and Williams, and Messrs. D'Archy and Stevenson.
Captain Rogers of the American navy, was there, and who displayed the dauntless spirit which he is known to possess, tarried on shore through the whole, and by his good management and intrepidity secured the lives of many whom he got off from the flames, and was the means of saving several houses.
The general in chief, expresses himself disposed to befriend the Americans in every way; but as yet, no American vessels have been allowed to dispose of or land their cargoes, neither have any been permitted to sail (excepting capt. Rogers, who has obtained a special permission.) Mr. Lear was assured by the general, that he would give all expedition to establish the offices, that the vessels may enter and clear and unload their cargoes (such as have them.) As to taking in cargoes, it is out of the question; for there is nothing left to load a single vessel: the destruction of the town is far greater than in the former conflagration.
Divisions of the ships and troops have gone to different ports of the Island; one to Port Republican, and one to the city of Santo Domingo; from these places Mr. Lear, had not heard. A report was in town, that the French met with a powerful opposition at Port Republican, and lost 4 or 500 men, and that the place was destroyed. Others say, there was little resistance and the place saved. They landed at Port au Pais, at Limbay, and at Fort Dauphin; at all which places they met with resistance, but made good their landing. This is an evidence, that opposition was determined upon from the first. The sons of Toussaint came over in the fleet: and were treated by the officers with great attention. They had been in France for their education. To Christophe, it was declared by the aid of the admiral who went to him on the 2d inst. that himself, Toussaint and the other chiefs who had conducted meritoriously in the late insurrection, would have their rank confirmed, their pay continued for life, and full possession of their immense property, without its being questioned how they had acquired it. And he proposed to continue as a hostage for the fulfilment of these conditions by the general in chief, if he would give up the idea of resistance, but it had no effect upon him.
In addition to the above particulars, we learn, that Mr. Lear had been received in the character of general commercial agent, by the general in chief, who is viewed as an upright man, and whose wife (who is with him) is sister to the First Consul.
The payment for provisions &c. derived from the Americans, is offered to be made in bills on France, at 80 days sight, or part in cash and colonial produce.
That another division of 23 ships, and 20,000 troops are daily expected. Toussaint was understood to be in the neighbourhood of the Cape during the occurrence of the above events.
Both Toussaint and Christophe were supposed, when Capt. Rogers failed, to be in the neighbourhood of the Cape, with a large body of troops; but it was thought that they would soon be obliged to disperse and fly to the mountains.
In the name of the French Government.
LIBERTY. EQUALITY.
PROCLAMATION.
On board the Océan, Pluviose.
Leclerc, general in chief of the army of St. Domingo, and captain general of the Colony, to the inhabitants of St. Domingo.
Inhabitants of St. Domingo,
Read the proclamation of the first consul of the republic; it insures to the blacks their liberty for which they have so long fought; to commerce and agriculture, that prosperity without which colonies cannot exist.
His promises will be faithfully fulfilled; to doubt them would be criminal.
LECLERC.
PROCLAMATION
The Consuls of the Republic, to the inhabitants of St. Domingo.
Inhabitants of St. Domingo.
Whatever may be your origin, and your color, you are all Frenchmen; you are all free and equal before God and the republic. France like St. Domingo, has been a prey to factions and torn both by civil and foreign war.
But an entire change has taken place; all nations have embraced the French nation, and have sworn to them peace and friendship; the French are likewise united among themselves, and have sworn to be friends and brothers.
Come then and likewise embrace the French, and rejoice in again seeing your European friends and brethren.
The government sends you general Leclerc; he takes with him a strong force, in order to protect you against your enemies, and against the enemies of the republic. It has been told you, that this force was designed to ravish from you your liberty. Reply, the republic has given us liberty, and the republic will not allow us to be deprived of it.
Rally round the captain general; he brings you abundance and peace. Let all rally around him; for whoever shall dare to separate himself from the captain general, shall be considered as a traitor to his country, and the vengeance of the republic shall destroy him, as the fire destroys your withered canes.
Paris, at the Palace of the governments the 17th Brumaire, 10th year of the French Republic.
[Signed] BUONAPARTE, First Consul.
[Signed] H. B. MARET, Secretary of State.
A true copy, LECLERC.
CONGRESS OF THE UNITED STATES.
HOUSE OF REPRESENTATIVES.
Feb. 13. 1802.
[CONTINUED.]
MR. BACON said if the object of the motion was to go into a new liquidation of the old accounts between the United States and the several states, it would not only take up every day of the present session, but the work would be left unfinished for our successors. These debts had been incurred in a common cause, in which each state was equally interested, and towards which, each state was bound equally to contribute. When congress made requisitions on this principle, they were accompanied by a promise, that there should be a final liquidation. This liquidation was made; the settlement was complete; but this settlement was objected to; and what is to be done? Why we must annul the contract . This might satisfy some of the states; but he was sure it would dissatisfy others. He saw, therefore, no end to be answered by the motion. We must either set aside all that had been done, and begin de novo , to which this body is competent, or rest satisfied with what is already done.
MR. W. WILLIAMS observed, that North Carolina never had recognised the debt; and, in his opinion, never would apply for its extinguishment.
He was in favor of the amendment, because the principle ought to be decided here, and not in a select committee. What indeed, could such committee report? There were no vouchers or books, whereon the settlement had been made, or got at. All they could do would then be to report the balances alleged to be due; which any member could at any time learn.
It seemed almost useless to go into arguments to show the injustice of the claim, and of consequence the justness of the resolution. It had been justly said that those states which had contributed the most, had by the report of the commissioners the most to pay; and this was peculiarly so with the state of North Carolina.
There were other considerations, independent of those of justice, which recommended this measure. Had any way been pointed to set, in which their claims could be enforced? But, say gentlemen, some fortuitous events may happen that may induce the states to discharge these balances by building bridges, &c. But inasmuch as these claims cannot be enforced, as they rest upon no moral obligation, to continue to hold them up was to keep alive a perpetual source of irritation; not in the states, who felt too much indifference to be solicitous; but in this house; a source of irritation that involved a great waste of time and money.
MR. WILLIAMS had forborn to dwell on

the injustice of these demands. But were he to enter on that branch of discussion, he should say that the very act of destroying all the vouchers was of itself sufficient to justify any suspicion; he should say that for what in some states there had been an allowance of 100 pounds, North Carolina had not been allowed 20 shillings. Could then, gentlemen talk of moral obligation, and say this was a just debt?
MR. T. MORRIS said it was not contended the accounts could be re-examined. The fears therefore of the gentleman from Massachusetts, were entirely visionary. The resolution is a simple one. It promises to enquire into the expediency of doing away these debts . The amendment goes to determine the principle here. And he thought it proper the principle should be settled here. But gentlemen say they want information. If so, after the amendment is agreed to, they may move for a postponement. If the amendment were carried, he would himself move a postponement.
It had been said New York had 300,000 dollars of her debt remitted by the United States. New York had availed herself of the act of congress, not because she acknowledged the debt to be just, but because she preferred doing something, to remaining in the situation towards the United States, in which she stood. It was strange, then, to hear gentlemen say, that New York had been favored. What was the fact? North Carolina, according to the gentleman, had not, and would not pay one cent; and New York had discharged a greater sum than was due by all the other debtor states with the exception of Delaware. She was therefore, instead of being favored, placed in a worse situation than any other state.
It was from the existence of this state of things, that he wished a final decision to be made this session. New York having agreed to make certain payments to the United States, it was important to her to know, whether the United States meant to enforce payment by the other states. Her situation would be truly unfortunate, if after agreeing to pay, the United States suffered her claims against the other states to sleep. She would not only have to pay her quota of the debts; but would see no prospect of deriving her share of benefit from the payments of the other debtor states.
MR. MACON said the subject was a very old one, which had occupied much time every session for many years; and he thought it would be as well to try the question now, as at any other time. No information of a select committee could throw any new light upon it.
There was a fact, which ought to have great weight with the committee. One of the commissioners who made the settlement who was a member of this house, had after the settlement, proposed a resolution to extinguish the balances of the debtor states; and he had stated, as a reason for this measure, that the principle, adopted by the board, had operated very harshly upon particular states.
MR. MACON had it from authority, not to be questioned, that, in the settlement by the commissioners, teams with the usual number of horses, had not produced 20 shillings.
This subject had hung over our heads for eight years, and no scheme was yet devised for collecting the balances. How could they be collected? Congress had, it is true, authorised expenditures by the states in the erection of fortifications. But this very act was a tacit confession of the impracticability of getting the money into the public treasury.
As to a settlement with North Carolina, it was involved in great difficulty. In the act of cession of lands by that state to the United States, it was provided that the territory ceded should be pledged to pay a proportional share of the balance due the United States. How could that share be estimated?
MR. MACON regretted that this subject had been brought up. He should not himself have been for bringing it up, for he thought the claims of the United States not worth a rush.
The truth was, the states had all exerted themselves in one great and common cause; they had done their best; they had acted with glory. As to the state which he represented, he would ask if the first blood that had been spilled, after that shed at Boston, was not in North Carolina; and that was the blood of brother against brother. He desired not, however, to make comparisons, which were always unpleasant; but to show that North Carolina had no reason to shrink from an enquiry, which would demonstrate that she had fully contributed her share in the common cause, without meaning to assert that she had done more than other states. Let then, congress decide at once, and abandon the claims altogether, or devise some plan for collecting them, that we may know how we stood.
MR. S. SMITH said that when he proposed the amendment before the committee, he had assigned his reasons for it. He had observed that the debate went to the merits of the main question, and was apprehensive that, after pending the day in discussing it, we should at last take a vote, not on it, but on an incidental point. His object, therefore, was to bring the specific proposition before the committee.
This question is of no importance to Maryland. But it is very important for the United
States to come to a decision of it. He thought it proper that the United States should relinquish those balances. It was also important, so far as it respected New York, which he thought much injured, because to comply with the law of congress, she had paid liberally, while other states had paid nothing.
Why continue the debtor states? Will it pay a shilling into your treasury? No, it will only sour their minds towards the union. Were there any mode of enforcing the payment of this debt, I should be for it; but there is no chance of it.
I believe that every state in the union exerted itself in our common cause. I believe that no state exerted itself more than another. We all fought together like brothers. Where there was danger we appeared; and wherever the enemy was, we met them. There was not a field of battle in South Carolina, where there were not to be found the blood and bones of Marylanders, and citizens of other states.
MR. RUTLEDGE said he was called up by the observations of the gentleman from North Carolina, who asks, with some force and seems to place reliance upon the question, if gentlemen will not consent to review this settlement. He would answer no. We cannot do it. The thing is impossible; the vouchers are destroyed; the materials for a new settlement do not exist. And they were properly destroyed. The settlement once made, they were useless.
MR. DANA, I hope the amendment will not be agreed to. However gentlemen may be possessed of a wholesale intellect that enables them to decide on interesting questions without a moment's reflection, I confess I am not blessed with so happy an intuition. I do not know that I have ever been called upon to form an opinion on this subject. As to a reference of it to a committee, I think their investigation may be useful; and after we get that, we may take time to decide. But now the plan is changed, and we are called upon to decide at once the principle. This mode of transacting business may be called an economy of time. You may give it the name, but it is not the substance. For my part, I desire to proceed according to our old plan, and go through the slow process of investigation. This is my way, and gentlemen may rest assured that this mode of hurrying business is not the way to save time, but to lose it.
MR. BAYARD declared himself in favor of the amendment, and he could not think, notwithstanding the remarks of his honorable friend from Connecticut, that any gentleman in the house was unprepared to vote upon it. The subject had been frequently discussed, and he believed the house then as well prepared for a decision as they would be for a century to come. It involved but a single principle; and as to information, he could scarcely tell what information was wanted.
He felt much of the indifference of the gentlemen from North Carolina. He was sure the United States had neither the right, nor the power to recover those balances; and he repeated it as his opinion, that it had not been the original intention that the debtor states should pay them. Will gentlemen recollect that the commission was instituted under the old confederation. Had congress then a right to do anything to bind the sovereignties of the independent states. All they could do, was to pass resolutions making requisitions; which the states might or might not comply with. They could appoint commissioners to settle the accounts; but could they impose debts upon the states? No, they could not. It therefore never could have been contemplated that they would establish those debts. The only effect that could have been contemplated was that the creditor states might rely that on a settlement, congress would assume their balances.
MR. BAYARD said, though he thought, and others who had taken a view of the subject thought, that these balances never could or would be recovered, yet others did not hold the same opinion. He alluded to those who were not competent to the taking an enlarged and correct view of the question. The opinion entertained by this description of citizens, however unimportant it might be in other states, was particularly detrimental to the state of Delaware. He believed that the apprehension that the balance allotted to Delaware would have to be paid, materially affected the value of property in that state.
MR. BACON went at considerable length, into the general merits of the question, which the room already devoted to the debate prevents our further noticing.
MR. GRISWOLD said, he wished the subject referred to a select committee, that it might be fully developed. The ideas of the gentleman from Delaware were certainly new, and which themselves required enquiry, though he believed the gentleman had overlooked several of the acts of the present government. It would be found that in 1789, and in 1793, the board had been recognized. The acts of those years gave all the sanction to the measure that was proper to be given by the new government; and he had supposed that the settlement made was final and conclusive.
MR. GRISWOLD said, he had been heretofore inclined not to discharge the states from the payment of these balances. Yet he felt much disposed to attend to the ideas of gentlemen. It appeared that the prospect of a re-
covery was nearly desperate. He still, however, wished the whole subject to be investigated by a select committee, whose report would enable the house to arrive at a proper decision.
On the question being put, the amendment was lost; Yeas, 41; Noes, 46.
When the original referring to a select committee the consideration of the expediency of extinguishing the balances was carried. Yeas, 54.
REMARKS
UPON THE SPEECH OF GOVERNOR MORRIS. (Continued from "The Recorder" of the 6th current.)
IN turning back to the speech of Mr. Morris, you will observe that he divides his arguments into two heads, first, the expediency of the proposed repeal; and second, its harmony with the federal constitution. We have already followed Mr. Morris through his observations upon the former of these two points; and we have met with nothing in this part of his speech, that was much better than declamation. But it must not from this be abruptly inferred that the opinions of Mr. Morris are incapable of a respectable defence. In the outset of the business it was remarked that, upon this question, the republicans were considerably divided. As for the ground of expediency, professional men are, in one respect, the best judges. They must know the probability whether public justice will be administered more expeditiously , more cheaply , and more honestly , by the present system of courts than by the last one. But then, their decision must be heard with this material objection. They consider themselves as almost parties in the cause.† They feel that the dignity of the bar, as well as of the bench, is interested in the independence of the federal judges. Without the smallest imputation upon the purity of their motives, we may be excused for thinking it possible that the honor of the profession has some influence on the judgement of its members. After all, however, it must be granted that the memorial from the lawyers of Philadelphia, deprecating the repeal, deserves eminent regard.
One of the reasons for the expediency of the repeal of the act, is that the judges will have too little business. We have seen that Mr. Morris begins his speech, by ridiculing this doctrine. His professed opinion is that a court which has very little business to come before it, is of much importance to the public as that which does a great deal. This implies a very wild absurdity. By the same rule, the wheelbarrow that can hold fifty pounds weight of rubbish is of as much use as the cart that removes twelve hundred weight. Leaving this conceit, as too contemptible for farther notice, we shall just remark that the supreme federal court consists at present of six judges, with salaries which extend collectively to the sum of TWENTY ONE THOUSAND FIVE HUNDRED DOLLARS per annum. "And what have they got to do?" says general Mason. "To try ten suits; for such is the number now on their docket, as appears from a certificate just put into my hands; and the average number on their dockets amounts to from eight to ten. Thus, for the trial of the immense number of eight or ten suits, you have six judges, one with a salary of four thousand, and five others with salaries of three thousand five hundred dollars each."
Put the case that, in this federal court, the trial of each cause lasts upon a medium for a year, and this does not seem an extravagant supposition. Then, besides the charges of the clerk, and other incidents, the country must pay two thousand one hundred and fifty dollars for the decision of every suit that comes before it. You must always mind also that this money is to be raised at a very great expence for custom-house officers, or excise men; or else, that you must borrow it at six or eight per cent. In proportion to the quantity of business that comes before it, this federal supreme court is one of the most prodigal establishments upon earth. In the course of these debates in congress, it appeared that, at this time, the common amount of causes depending in the federal courts is from sixteen hundred to two thousand. Suppose the latter number; and that each of them is to be decided, like those of the supreme court, at a real and practical expence of two thousand five hundred dollars, or upwards. This would absorb five or six millions of dollars per annum. No man will say that such a system should be adopted in the subordinate federal courts. And it seems evident that what would be so ought ruinous upon a large scale never to be embraced upon a small one. The office of a supreme judge would shrink into a sinecure. The mite of popularity possessed by the present corps of judges will hardly promote them to so desirable a donation. Notwithstanding the bawling encomiums of Mr. Bayard, the pulse of American gratitude does not beat very high towards Mr. Patterson, Mr. Bushrod Washington, or Mr. Chase. By every sensible
* "Recorder," February 27th. † Ibid. ‡ Mr. Breckenridge, the mover of this repeal, is a lawyer, as well as many other gentlemen, who spoke in defence of it. Our observation leads us to believe that these persons are only exceptions to a general rule. § We have recently perused the two speeches of six hours and a half, pronounced by this superior of Tully, Chatham, and De-
man of the federal party, these gentlemen are considered as the worst enemies of the late administration. The blood of the martyrs is the seed of the church , said an old proverb. Every successive trial for sedition did more harm to the federal cause than a whole ream of essays or speeches against the sedition act. It is needless to say what the republicans think of these judges. So that, between the one party and the other, they can have but small partiality or confidence to hope for.
On the 17th of February, Mr. Thompson, a representative of Virginia, was complaining in congress, as to the monstrous expence of the federal Judiciary system. "In the country where," I live said he, "one venerable citizen of seventy years of age, performs more duties in the course of one year, than all the judiciary corps of the United States. There I behold this venerable man, sitting in his court in the simple plain garb of a common citizen, administering justice and commanding respect, and receiving as the reward of his labours, but one thousand five hundred dollars a year. By documents, now in my possession, I find that he has suits untried to the vast amount of two thousand six hundred and twenty-seven. The court I mean is the high court of chancery in Virginia. In this court, perfect satisfaction and contentment are given. From this reference I infer, that if one court, held by one man of the age of seventy, is adequate to the performance of all the duties of that court, with satisfaction, certainly six will be competent to the discharge of all the duties required from the undecided one thousand six hundred causes throughout the United States."—Thus far Mr. Thompson.
The last assembly of this state has found it impossible for Mr. Wythe to overtake such a mass of business; and two supplementary courts of chancery have been established. But let us estimate that Mr. Wythe determines, upon an average, the very moderate number of sixty suits per annum. This is exactly six times as many as are to be decided by the whole supreme court. In the latter, each cause will cost, as above, an expence of twenty-five hundred dollars. Divide the fifteen hundred dollars of Mr. Wythe by the sixty causes, and your quotient is twenty-five dollars . Thus you perceive that the chancellor of Virginia does as much business for one dollar, as Mr. Chase and his compeers executed for an hundred. Citizens! are you prepared for such things? In this state, at least nine tenths of the people are republicans. And whether it is right or wrong, they hold the very names of Messrs. Patterson, Washington, and Chase, in the most determined and absolute execration. It is not, therefore, a matter of surprise that general Mason, and Mr. Thompson grumble at paying these judges at the rate of AN HUNDRED TIMES more than the salary of Mr. Wythe. As we said above, there is nothing in the popularity of their characters that can dispose the republicans to load them with such exorbitant line-cures. That they are gentlemen of diligence and abilities nobody will doubt. But talents are useless, when they have not a field for exercise.
Passing from the supreme court to the collective mass of federal courts, we shall suppose that there is before them, upon a medium, not merely sixteen hundred but two thousand suits; and that the total charge of this jurisdiction to the public revenue is an hundred and thirty-seven thousand dollars a year. To this you must subjoin at least forty per cent, as the positive and practical expence and damage that issues to the country from the collection of the money.* Thus, it is proved that the real expence of the federal Judiciary comes not only to an hundred and thirty-seven thousand dollars, but to an hundred and ninety-six thousand. At this rate, each depending cause costs ninety-eight dollars per annum.
Let us now turn back to the chancery of Virginia. Three chancellors cost fifteen hundred dollars a piece for salaries. This makes four thousand five hundred dollars. We shall add three thousand more for clerks, and other incidents; and five hundred dollars for the charge of collecting the state taxes to that amount. The present number of depending suits is said to be two thousand six hundred and twenty-seven. But this exceeds the medium number of chancery causes. Let that be computed at no more than two thousand. The total charge of this establishment has been rated as above, at eight thousand dollars. This makes four dollars for every cause. But, in the federal courts, we have seen that suits cost, upon a medium, ninety-eight dollars a piece. The sum of the comparison is that the state of Virginia gets as much business done for one dollar, as the federal government can have transacted for twenty-four dollars and an half. Even when the repeal of last year's law shall have replaced the Judiciary in its former situation, the system will still be exceedingly prodigal, when contrasted with that of the chancery of this state. The judges will still be paid sixteen times, or at the very least ten or twelve times as much in proportion to the business which they perform as Virginia pays to Mr. Wythe.
mostnesses. They discover a portion of talents; and want nothing to make them worth a perusal, but candour and veracity. * Consult upon this point, Mr. Gallatin's Views of American Finance, printed in the fall of 1800.

We know that some of the federal judges have but small salaries of eight hundred dollars a year; and we are not such Quixotes in economy as to wish for their being reduced. Many of the judges are put to considerable charge in travelling from one state to another, or from one part of the same state to another, in order to hold circuits. They have but very small business to do in comparison with one of the chancellors of Virginia. The labour of reaching the scene of action is often ten times greater than all the business which the court has to transact. Our objection to these courts lies much deeper than the mere amount of the salaries of the judges; although two hundred thousand dollars per annum are likewise worth a moment's consideration. But this contrast also shews the unmanageable construction of the federal government itself, and with how much more cheapness the states can perform their business. We must not, if we can help it, pay six federal judges twenty-five thousand dollars per annum for the decision of ten causes. Is it proper to give Mr. Chase work which Mr. Wythe executes of an hundred dollars for the portion for one; or to pay two thousand dollars a year to a federal district judge, when Mr. Wythe does twenty-four times as much business for fifteen hundred? Is there any justice, or proportion in such things? Or can you look straight in the face of an honest man, and tell him that such ramparts of extravagance are not to be shaken? Four thousand dollars a year to your chief justice for deciding the sixth part of ten causes? This is that judicial system, which, in the minds of many worthy people, forms the butt end of our political salvation. And to be sure this country is irredeemably ruined, if you touch one hair of its tail.
One of the Philadelphia Gazettes had, some time ago, an article under this title; The Constitution gone for ever ; and there are minds of a certain sort of aspen leaf construction, upon which all this clamour has the desired effect. To the constitutional part of the question we shall speak presently. But, in the mean time, we must ask whether this construction was made for the benefit of the people, or whether the people were made for the benefit of the pilots of the constitution? This paper affirms, in its outlet, that it was framed by the consent, and for the advantage of the people. When the laws that issue from it counteract this purpose, they are evident breaches of it. But, whether they break it, or not, we must not, upon all occasions, submit to absurdities, were they to be authorised by ten constitutions. Upon what principle was it that America refused submission to British acts of parliament? She had obeyed them for almost two centuries; obeyed them from the day that the first fugitives from despotism disembarked in James River. The stamp act and its successors were past with all the solemnities required by the practice of parliament, just as the law in question was dignified with all the wonted forms of a federal congress. America had never disputed the general title of parliament to publish and enforce her laws; as we, at present, never dispute the general title of congress to do the same. But the topic of taxation was started. America rejected this particular exertion of a confessed general right. The influence of a Scots officer* broke the talisman of supremacy; and the new world met her oppressors at the point of the bayonet. At this part of the story, the comparison stops. The majority of our citizens objected to this judiciary act, at the time of its passing. The importance of Mr. Adams was in the fall of the leaf. A number of the partisans upon each side considered the feature as a job, as the last bite at the loaves and fishes, which the federal party could, for some time, expect to enjoy. But the republicans had no recourse to the bullet eloquence of Bunker's Hill. They had no temptation to dream of such a desperate resource. They knew that the succeeding winter would seat them in the saddle of legislation; and they gave
* Pitcairn.
notice, on the floor of congress, that this act was to be one of their first victims.
We have, in this day's "Recorder," attempted to follow Mr. Morris over the ground of expediency , as to the repeal. Whether the extinction of the new judges will postpone or promote the dispatch of business, and the dispensation of justice, we must leave to the experience of lawyers, and they are divided upon the subject. But setting aside this part of the dispute, the repeal must produce three positive advantages. First; the saving of fifty thousand dollars, and of ten, twenty, or thirty thousand dollars, as the charge of collecting the former sum. Second; this repeal tends to check the growing and overwhelming patronage of the federal government. We consider it as the interest of the people at large to hear as little as possible of federal courts and judges, because almost all judicial business can be much better transacted without them . It is said that this repeal tends to destroy the independence of federal judges. May God long protect America from such exhibitions of independence , as we have recently seen! With the most ungracious precipitation, with the most marked contempt of appearances, with a ferocity of impudence which alarmed and disgusted all his friends, have we not seen a federal judge posting from one state to another, from Pennsylvania to Delaware, to Maryland, to Virginia, in quest of political offenders? Thrusting a citizen above the laws, have we not seen him refuse to send for president Adams, as a witness? Have we not seen him refuse to grant time for the citation of witnesses, or to hear even a witness* examined? And, as an admirable proof of the good effect of such trials, have we not seen volumes of defiance and insult issuing from a federal jail? But the greatest wonder of all is that, after such doings, persons can be found weak enough to believe that the independence of federal judges forms the keystone of public safety.
Besides the saving of public money, and the running of federal power, there is a third reason for the expediency of this repeal. It will be acceptable to a great majority of the people. It will tend to harmonize the public mind; or, at least, we believe that it will have this effect.
We have thus canvassed the expediency of the measure. We shall endeavour, in next "Recorder," to explain how far this repeal agrees with the federal constitution. We close, at this time, with an apology for the occasional broadness of our title. On a subject like this, where so much passion has been excited upon both sides, it is almost impossible to write in a way which can fail of giving offence to many. But in fact and earnest, we do not feel that alarm and agitation that some people seem to do. We must again affirm that the constitution has been broke an hundred times already. Mr. Jefferson, Mr. Madison, Mr. Giles, Mr. Taylor of Caroline, the forty representatives that voted against the famous alien act, will all with one voice tell you so. Hence, we must infer that, if the present repeal makes a fresh fracture, the prosperity of America will survive such a misfortune; whilst the constitution itself, like the man of war bird of the Southern ocean, will soar in tranquillity beyond the convulsion of the tempest. The ascent of an eagle is not arrested by the moulting of a feather.
* Mr. John Taylor of Caroline.
To be continued.
The following letter was received too late last week; for insertion in Saturday's paper. Whatever may be thought of Mr. Rind's opinion concerning the JUDICIARY LAW, every candid reader must be pleased with his ingenuous and independent style.
To my fellow-Citizens of Richmond.
PERHAPS it was a presumption not warranted by my stand in life, still less by my talents, if indeed I possess any, to present myself before my fellow-citizens as a candidate for their suffrages at the ensuing election of a legislative member for the city of Richmond; but having done so, I shall abide their voice, and I beg to assure them that I should not have
accidental conversation of mine has, as I have reason to think, created a belief, that I have courted popularity at the expense of sincerity.
All who know me know the course of my political thoughts and actions during the late administration: that I was uniformly and warmly hostile to it in all its great leading principles. That I was actively in opposition to it, is well known to the circle to which I now address myself. I rejoiced in a change of the administration: no man felt more ardently anxious for the elevation of Jefferson to the presidential chair than did myself; the exultation of no man could exceed mine at the idea that our recent elections had produced a decided majority of republicans. I undertake to say that there is not a gentleman in the city of Richmond who would vote for me under the impression that I am a federalist. I disavowed the declaration of Mr. Jefferson, in his inauguration speech, that, "we were all Republicans, we were all Federalists," taking the common acceptance of the terms; yet I could have wished to have seen it, as near as possible reduced to practice . I equally disavow the principle in that speech contained, that we are to yield "an absolute acquiescence to the decisions of a majority," if it even "squint" at the doctrine of "an absolute acquiescence" of opinions, or the right to utter them, rationally and deliberately formed.
It is true indeed that I have learnt that some gentlemen, belonging to the federal side of the question in Richmond, had said that they meant to vote for me; but I always understood along with it, that their determination rested on the direct reverse of my being a federalist: it was, as I have been taught to believe, the uniform candor with which I have ever been accustomed to deliver my political sentiments. I do sincerely believe that there is not a man in the city of Richmond, however warm his federal opinions, who, if I were to tell him I was a federalist, would believe me; and I shall certainly never make the declaration to any man, whilst I think as I now do. But, does it follow, that, because I am attached to a particular political party in its great outline, I am, of necessity, to go all lengths with it in detail? Forbid it, INDEPENDENCE.
What has been the party to which, since I have been a man, I have been uniformly and violently opposed? That which has lately gone out of power, and against which my feeble opposition was always to the utmost exerted whilst in power. I could then, have had no sinister, selfish or interested views; I was not hunting for place, pension, or establishment, or, if I was, I must at least have been taking the course which hunters would call the back track : what is the party to which in certain points I am now opposed, and my opposition to which has created the necessity of this egotistic avowal of my political principles? The party, now in power: that, which, whilst in the minority, I always adhered to, from a conviction of the correctness of their principles; yes! with this party it is known I have always sided: but I will side with this no farther than I think IT RIGHT : if every man in society will sacredly cherish his mental independence, if all men will give themselves the trouble to think for themselves, and dispassionately, upon the political subjects that may be brought in review before them; where this mental independence is nourished, where this faculty of thinking is exercised, THERE , will always be true liberty.
On the subject of the unqualified repeal of the judiciary law of the United States, by which the independence of the judiciary is, in my mind, vitally attacked, I feel the most conscientious decision of opinion: I hold, that if the government of this country rested upon the basis that the British government really does, that is, that the decisions of the King, Lords and Commons, is the Constitution, or, in other words, that parliament is omnipotent, this repealing measure would then rest upon its expediency alone, and that this would be properly determinable by the constituted legislative authorities; but, when I see
troubled them in this way, but that an such a clause in the Constitution as this that, "the judges both of the supreme and inferior courts shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance in office:" understanding the sanctioned acceptance of the term during good behaviour, and wholly laying aside other elucidating clauses which might be brought in aid, when I see such a clause as this in the constitution, which is the mandatory rescript of the people of these United States to their members of Congress and their President, I hesitate not to say that, in my mind, if this law passes, the constitution is violated: what matters it to me or to the rest of my fellow citizens, who violates it? Every violation, from whatever source, laps its foundation. Every man in society is bound to support it, whilst it remains the supreme law of the land . I consider it, unless a better, and until a better can be got, as the safe guard of myself and my posterity; and I confess I do not feel easy at seeing an attempt to swallow up in the legislative or executive vortex, what I deem the centre pillar of the CONSTITUTION; and, in an even course of future experiment, the security and protection of the people, to wit, the judiciary.
One thing more: I am told that I have said that the gentlemen who have advocated this repeal were knaves or fools: if I did use this language, and the veracity of the gentleman who asserts it induces a belief that I must, it is attributable to the warmth of conversation, and merely expressive of the decisive conviction which I feel, and then felt, on the subject: it was certainly not proper to apply such or either of the epithets, to gentlemen clothed in the honorable mantle of their country's confidence; individually applied, my personal acquaintance with some few members of the national legislature, would compel me to apologize for the harshness of this expression, whilst I still take leave to say that, in this measure, I think them wrong, radically wrong, and shall forever think so; whilst the section which I have cited remains a part of the constitution of the United States of America.
I have condemned too, and do condemn the conduct of the majority in Congress in refusing that discussion which has been pressed for by the minority upon the subject of taxation. I mean the contemplated repeal of the internal taxes, many of which are upon the luxuries of life. Salt, Sugar, &c. are per force, to be retained.
If nineteen twentieths of the United States Legislature were to concur in the repeal of the judiciary law, with the immortal Henry I will say, that I would with manly firmness, and in "spite of" (what I at least deem) "an erring legislature," reject their decision; and, I am free to declare, on the other point, that I conceive it to be the duty of our legislators to meet that discussion which fought from either side; will tend to enlighten their constituents. Whatever the one party in Congress may think of the other, in a personal point of view, and particularly the leaders in that body, it is a sacred duty which they owe to the PEOPLE to let them understand the ground upon which their measures, or those measures sought to be enforced by them, are predicated.
I have here made an avowal of my present political impressions. They are at least honest impressions; and my fellow citizens will judge of their propriety. I can only say that every man ought to preserve the most perfect freedom of opinion, and that I would not sacrifice one iota of deliberate mental decision, to fill any office under the federal or state government.
I am well aware that I may be drawing on myself an attack from the critics of the day, who have leisure to devote to an exposition of the faults of their fellow citizens: but I must beg it to be understood that I am not bound to answer them.
JAMES RIND.
March 3, 1802.