Star.
London, England, 1805-01-11 00:00:00

70 7HE EDITOR OF THE ST AR.

Veeeffity alone has prevented the admifflon of the fubjoined
1 t tier. We with to lie underflood as Petting a high value on
finular Communications; but t! :c time of infertion depends on
eircumflance•_, which we cannot alwa) s counnand.

AMERICA.

Sia—The late report of an au?mentaiion of pay
to Military Office's of all rarks, has excited a fenfa-
tion in the Ai my which cannot he readily allayed;
it has i.deed probed to the r;u:ck a wound which of-
ficers have long fevcrely felt, and which needs a heal-
ing halm that the Chancellor of the Exchequer can
alone adminiller. They have home in filence, with
the molt patriotic difinter4lednefs, an accumulation
of the marl cruel embarraffments, in confequence of
the progreffive depreciation of their very limited in•
comes, and the proportionate rite in the value of all
the neceffaries and conveniences of life. Their lot
has become peculiarly hard ; no perfon who has not
experienced their flotation, can have an .Jequateidea
of what it is to feel the preiTore cf undeferved and
toursoifha pecuniary difficulties. In civil lite extra-
vagance or negligence often occafion embarraffment ;
in the a:my, the molt moderate and provident Offi-
cer, ruo'ro has nothing but bb par, mill always be necef-
titou,, never independent in money matters. Is it
politic, is it worthy of a generous nation that this
Mould be fo ? Surely not. The :pinion of every li-
beral man in the Britifh dominions loudly calls the
attention of thofe in power to the conlideration of
eircumflances which have long claimed their fyttspa-
thy ; but it is now to be hoped, not in vaM. I will
venture to :lain, that if a propefal for the increafe of
Officers' Pay were made in Parliament, not a fingle
Member would raife his voice againft In fo ne-
cell'ary a invafure. What arguments could the molt
inveterate Oppofitionift advance ? Not the increafed
burthen to the nation, for on the fame principle he
molt confillently argue againft an augmentation of
our difpofable force, which all parties feem to agree
is neceffai y for the general falety, and particularly
for the vigorous prolecution of the war. I fay con-
lihently, becatife- the new levies mutt be paid at the
rate of one (billing daily for every priVate man ; and
if it will be acknowledged that the privates thould
have that inflead of their former allowance of lix-
pence a day, ought it not to be admitted, by parity
of reafoning, that the Officer fhould receive, if not a
proportionate advance, at !call fomething more than
the felffame number of Ihillings which they enjoyed
in the days of good Qeen ANN& ? a period when
living was two-thirds Cheaper than at prelim. It
molt be allowed, that private (..Idlers live now better
than their brothers at the plot3h and the loom, who
work hard every day, and that they have betides,
from a peculiar advantage, mote money to (pare than
they generally make a good ule et. But can the fame
be Paid of the Officers ? men of liberality and educa-
tion, who have probably expended confiderablefurns
for the mere honour of bearing a Commiffion ; for
who ever dreamt of making a fortune in the Army ?
How few are the prizes in a military Lottery ? How
very (mall a number will be fo fortunate as to equal
a LAKE in riches, or a HUTCHINSON in title. A
Spanifh war brings no galleons to the imagination of
an Officer—it might bring the idea of an increafe of
the lax upon Insane, if Mr. Pori. was not in office.—
His more fortunate brethren on the Ocean mutt reap
all the benefit, and often all the glory too. The Ar-
my, it is nue, reaped a goisd crop of the fall article
in Egypt—but. alas : with other antiquities they did
not find the cornucopia! It may, and perhaps has been
attested, that Officers for the Army can always be
procured without railing the pay, and no doubt plenty
will at all times offer their Cervices. But of what
dais will filch officers be comp( fed ? not of throe who
have any flake in the prefervation of the Britifh Con-
ftitution, and feel fcr the honour of their King, and
the glory of their Countr y—frem holding defervedly
the firft rank in Europe for patriotic zeal, and devo-
tion to their profeflion, Englifh Officers will be de-
graded beneath the level of thole in the Pruffian and
Aubian Cervices; for it appears that the Emperor
of Auftria is going to fignalife his new dignity by an
increafe of pay and reipeltability to the inferior Offi-
cers of his armies. The inevitable relish then to the
tritifh fervice will be debasement and dithonour, by
the neceffary admiffion of improper perfons to corn-
millions, if the condition of officers be not fpeedily
and effeaually ameliorated. Should the generous
ardour of tome young men of family Rill prompt
them to embrace the proleflion of arms, it cannot
long continue, for what prudent parent fume ',eats
hence will Coffer his fon to indulge fo ruinous an idea
—what guardian would allow his ward to enter upon
a plan of life, which would, to commence it, require
hot only the expenditure of a large bum, without
h. inging the interefl, but alfo would occafion con-
ant drafts on him to enable the young man to live
in .t ftyle becoming his rank and charafter. In faa,
the public Iwo now to be convinced, that an Officer
without private fortune mull fu'omit to every pollible
deprivation, and the tale of Subaltern Commiffions
has confequently fallen to lets than half the regulation
price,whileCompanics and the higher ranks were tome
time ago bartered for incredible turns, merely becaufe
monied men wifhed to obtain military. -ank. The
late falurary regulations from the Horfe Guards have
given a final blow to this very detrimental traffic ;
but no regulations can raife the value of what is
every day falling lower and lower in the eflimation
cl the Public. Every lover of his country mull
thelefore with to fee effeflual provilion made to coon-
waft fuch fatal difcredit.
_

I am, Sir, &c.
A rttts'a TO JUSTICE•

of the aforefaid Aft, intituled, ' An Ad to eftablifli
the Judicial Courts of the United States.' that the
NEW YORK, DECEMBER E. laws of the leveret States, except where the coattail.
jeneor. CHASE. tion, treaties, or Ilatutes of the United States, (hall
On Friday Sal. in the Houle of Reprefentatives, otherwife require, or provide, (hall be regarded as
U. S. the Committee, which had been appointed to the rules of decilinn, in trials at common law, in the
confider and repert upon the cafe of Mr. CHASE, Courts of the United States, in cafes where they
prefented the freitiwing Report, which was referred apply : And whereas, by the laws of Virginia, it is
to a Committee of the 'thole Houfe, and was to have provided, that in cafes not capital, the offender Null
been taken up on Monday. not be lucid to anfwer any prefentment of a Grind
REPORT. i Jury, until the Court next tea:ceding that during
Articles exhibited by the Houie of Reprefentatives of the United which fuch prefentment (tall have beeti made—yet
States,
in the name of ttienifelues and of all the peokle of the the laid Samuel Chafe, with intent to epprers and
United Statoi,againa S4a.uel Chafe, one of the affociate Justices
of the Supreme C,,,,ri ci tt., United States, in maintenance and Procure the convidion of the laid Jatiles lincimpfon
fui port of their inve..:;..m...: ~goinft him, tar high crimes and Callendar, did, at the Comes forelaid, rule and ad.-
reialenaenors. judge the raid Callendar to trial, daring the term at
Al-T. I. That, tur.rnins'.f.il of the folemn duties of which he, the laid Calendar, was prefented and in-
his office, and contrary to the leered obligation by dieted, contrary to law in that cafe made and pro-
which he flood hound to difcharge them'` faithfully vided.
and impartially, and a ithout rerped to perfons," the VII. That at a Circuit Court of the United States,
laid Samuel Chafe, on the trial of John Fries, for the dittrid of Delaware, held at New Caftle, in
charged with high tieefel, before the Circuit Court the month of June, iBOO, whereat the laid Samuel
of the United States, held for the dittrid of Pennryl. Chafe prelided, the laid Samuel Chafe, difregarding
vania, in the city of Philadelphia, during the months the duties of his office, did defcend from the dignity
of April and May, one thnufand eight hundred, of a Judge, and (loop to the level of an informer, by
whereat the faid Seiner' Chile pleaded, did, in his refuting to difcharge the Grand Jury, although en-
judicial capacity, condi:CU liiinielt in a manner highly create.' by feveral of the Jury In to uo ; and alter the
arbitrary, oppreffive, end tii.j ilt, viz. laid Grand Jury had regularly decared, through
1. In delivering an opinion in writing, on the their foreman, that they had found no bills if indid
queftion ef law, on the conltiu'ii sn of which the de- meat, nor had any prefentments to make, by °bray-
fence of the accufed materially depended, tending to inn to the faid Grand Jury, that he, the laid Samuel
prejudice the minds of the Jury againft the cafe of Chafe underftood " that a highly feditinus temper
the laid John Fries, the pi ifor,er, before Counfel bad had manifefted itfelf in the State of Delaware, among
been heard in his defence. a certain dale of penple, particnlarly in New Cattle
1 2. In refirieting the Counfel for the laid Fries county, and more efpecially in the town of Warning-
from recurring to fuch Englith authorities as they ton, where lived a molt feditious printer, unrellrain-
believed appoine, or from citing certain (latutes of ed by any principle of virtue, and regardlefs of foeial
the United States, which they deemed illuftrative of order—that the name of this printer was"—but
the pofitions upon which they intended to reft the de- checking himfelf, as if (enable of the indecorum
fence of their client. which he was committing. added " that it muff be
3. In debarring the prifoner from his conftitu- affuming too much to mention the name of this per-
Lionel privilege of addreffing the Jury (through his fon ; but it becomes your duty, Gentlemen, to en-
Counfel) on the law as well as on the fad, which was quire digilently into this matter," or words to that
to determine his guilt or innocence ; and at the fame effed—and that with intention to procure the profe-
time endeavouring to wrett from the Jury their in- cutiun of the printer in queftion, the raid Samuel
difputable tight to hear argument, and determine Chafe did, moreover, authoritatively enjoin on the
upon the quettion of law its well as the queftion of Diftrid Attorney of the United States, the neceffity
fad, involved in the yerdid, which they are required of procuring a file of the paperri to which he alluded
to give. (and which were underliond to be thnfe pnblithed
In cor.fequence of which irregular condat of the under the title of Mirror of the Times aid Genoa! Ad-
laid Samuel Chafe, as dangerous to our liberties, as vertifer)," and by a ftrid examination of them, io
it ie novel to our laws and ufages, the raid John Fries find lonic patrage which might flint& the ground
was deprived of the right, teemed to him by the Bth work of a profecutinn againft the Printer of the raid
article amendatory of the conftitution, and was con- paper—thereby degrading his high judicial fund ions,
destined to death without having been heard, by and tending to impair the public confidence in, and
Counfel, in his defence, to the difgrace of the cha. refped for, the tribunals of juftice, fo effential to the
rafter of the American Bench, in manifeft violation general welfare.
of law andjullice, and in open contempt of the right, VIII. And whereas mutual refped and confi-
of juries, on which ultimately ret the liberty and dente between the government of the United States
fefety of the American people. and thurfe of the individual Rates, and between the
11. That, prompted by a fimilar fpirit of peifecu- people and thole governments, relpedively, are high-
Lion and injuftice, at a circuit court of the United ly conducive to that public harmony, without which
States, held at Richmond, in the month of May, one there can be no public happinefs ; yet the faid Sa-
thoufand eight hundred, for the diltrid of Virginia, muel Chafe, difregarding the duties and dign:ty of
whereat the laid Samuel Chafe preluded, and before his judicial charater, did, at a Circuit Court for the
which a certain James Thompron Callendar was ar- diftrid of Maryland, held at Baltimore, in the
reigned for a libel on John Adams, then Prefident of month of May, 1803, pervert his official right and
the United States, the raid Samuel Chafe, with intent duty to addrefs the Grand Jury then and there al-
to opprefs, and procure the conviction of the (aid Cal- fembled, on the matters coming within the, province
lender, did over-rule the oblation of John Ballet, of the raid Jury, for the purpofe of deliveringeo the
one of the Jury, who wilted tube muted from ferv- Grand Jury an intemperate and inflammatory poll-
ing on the laid trial, becaufe he had made up his tical harangue, with intent to excite the fears and
mind, as to the publication from which the words, refentment of the faid Grand Jury, and of the gond
charged to be libelous in the indiament, were cx- people of Maryland, againft their Rate government
traded ; and the raid Baffet was accordingly (worn, and ionftiturion ; a condud highly cenfurable in
and did ferve on the jury, by whole verdict the pri. any, but peculiarly indecent and unbecoming in a
toner was fubfeqnently convited. Judge of the• Supreme Court of the United States ;
111. That, with intent to opprefs and procure the and, moreover, that the laid Samuel Chafe, then and
conviction of the prifoner, the evidence of John Tay- there, under pretence of exerciting his judicial
for, a material witners on behalf of the aforefaid Cal. right to addrefs the raid Grand Jury, as aforefaid,
lender, was not permitted by the laid Samuel Chafe did, in a manner highly unwarrantable, endeavour
to be given in, on pretence that the faid witnefs could to excite the odium of the raid Grand Jury, and of
not prove the truth of the whole of one of the charges the good people of Maryland, againft the Govern-
contained in the indietment, although the raid charge went of the United States, by delivering opinions,
embraced more than one fact. which, even if the judicial authority were compe-
ART. IV. That the conduct of the laid Samuel tent to their expreann, on a (unable occafien, and'
Chafe was marked, during the whole courre of the in a proper manner, were at that time, and as deli-
laid trial, by manila injuftice, partiality, and in- vered by him, highly indecent, extra-judicial, and
temperance, viz. tending to proftitute the high judicial charader with
1. In compelling the prifoner's Counfel to reduce which he was invefted, to the low purpole of an
to writing. and fubmit to the infpedien of the Court, eledioneering partifan.
And the Bode of Reprefentatives, by
for their admiffion, or rejeflion, all ;mealier's which
prntelta-
the laid Counfel meant to propound to the above tion, raving to themfelves the liberty of exhibiting, I
named John Taylor, the witnefs. at any time hereafter, any farther articles, or other
2. In refuting to pollpone the trial, although an accufation, or impeachment, againft the faid Samuel
affidavit was regularly filed, Rating the ebfence of Chafe, and alto of replying to his anfwers, which hel
'material witneffes on behalf of the accufed; and alrho' Mall make unto the laid articles, or any of them,
and of offering proof to all and every the aforefaid.
it was manifeft, that, with the utmoll diligence, the
attendance of fuch witneffes could not have been pro- articles ; and to all and every other articles, im-1
cured, at that term. peachment, or accufation, which than be exhibited'
by them, as the cafe (hall require, do demand that
3. That the ufe of unufual, rude, and contemp-
the faid Samuel Chafe, may be ptit to anfwcr the faid
tuous exprellions towards the prifoner's Counfel,
and in falfely infinuating that they wi(hed to excite crimes and mifdemeanours, and that fuch proceed-
the public fears and indignation, and to produce that ings, examinations, trials, and judgment, may be
had and given, as are agreeable to law and jnttice.
infubordination to law, to which the condut of the
judge did at the fame time manifeflly tend. Extra(!of a Letter from Wallington, dated 4th
4. In repeated and vexatious interruptions of the December : "The Houle of Reprefentatives have
faid Counfel, on the part of the faid Judge, which, been engaged yelterday and to-day on the articles of
at length, induced them to abandon their caufe and impeachment againft Judge Chafe.
their client, who was thereupon convided and corn " JEROESE and Madame Bowerseze were yeller-
demned to fine and imprironment. day at Dumfries, thirty miles fouth of this place,-on
e. In an indecent foiicitude, manifefted by the raid their way here."
Samuel Chafe, for the convidion of the accufed, JUDGE CHASE.—On Monday and Tuefday the im-
ra.
unbecoming even a public profccutor, but highly peachment of Judge Chafe was taken up in aCo
mince of the whole Houfe of Reprefentatives, when
difgraceful to the charader of a judge, as it was
fubvetfive of juftice. the articles were agreed to.
Air. V. And whereas it is provided by the at of James Thomprim Callender has been arrefted by
Colegrefs, palled on the eth of Se }ember, 1789, order of the Prefident, to take his trial, fot writing
intituled 'An Aft to eftabl4ifh the Judicial Courts of "The Prot-peel before us ;" which is deemed a grofs
the United States,' that, for any crime or offence libel on the Prefident and the Congrefs.
againft the United Sates, the offender may be at- Capt. HALEY, of the fchooner Sally, arrived at
relied, imprifnned, or bailed, agreeably to the ufual Charletton, from Havannah, brought with him as
paffengeri two French foldiers, being a part of thole
made of proccfs, in the Rate where fuch offender may
be found : And whereas it is provided by the laws who were on board an Englifh cartel thip from Ja.
of Virginia, that upon prefentment by any Grand maica, lately put into the Havannah in dillrefs, 'and
Jury, of an offence not capital, the Court (hall which funk in the harbour. Every American vette'
order the clerk to iffne a fummons againft the per bound home, mull take two, of there foldiers on
fon or perfons-offending, to appear and anfwer fuch board, before the Spanith Government will permit
prefentment at the next Court—yet, the laid Samuel her to clear out,. The maters are furnithed with a
Chafe did, at the Court aforefaid, award a co certificate to deliver them -to Come French commer-
pies
peen Cat. vial agent, on their arrival in the United States.
againft the body of the fame James Thom
Accounts from Richmond Rate. that Jeutotes Bo-
lender, indiled for an offence not capital, where- Accounts
and Lady, arrived in that city on the 3oth
Bo-
upon the faid Callendar was arrefted, and committed
.
to dole cullody, contrary to law in that cafe made ult. from Norfolk. They had adually taken their
and provided. • pair-Age for France in the French frigate Prefident,
VI. And whereas it is provided by the 24th fifties 14.4 guns, and Were purfuing their voyage, but hla-

dame BOliAlkaftrt being ttAen riere.T:r'y a Coon
ter they had got to Cea, the frigate returned, and land-
ed JkitUNIK and his Lady at N-Itoik.
A tranfport has arrived at New Otkans from Ja-
maica, with 200 troops on board bel"ngio7 to the.
late army of St. Domingo. She was bound otigi
flatly to Havre-de.Grace : there men ttysk poff(Aon
of the Chip off the Baliz.e, and condutied her to
quentin, where they landed, and were proceeding to
New Orleans, along the banks of the river. ft was
amnia that the introdo6lion of thefe people v,-ould
Increafe the difcontents that prevail there.