Jenks's Portland gazette., 1802-02-15
NUMBER XIII.
% tie l5rsGurnt of tie Crmteu atrtef.

SIR,
TIME and patience would fail me, 70 ese-r into
minute examination of all the acts OF your &dU,iara
on, and to lhow their repugaance the conaisa'ion
and 10 your own avowed principles. fhall therefore
cloe his addrel, with inme obiervaiions your Iii
recion he attorney OF the diitr Of PENNY ylvania
% enter polle Proitqui in the cafe Of tho United
States againR Duane, and on your ule q the public
money.
or all the principles which you have declared bc
efIeAtal" in our government il nationally be
fupPoled th thc la which Won would abandon al
tempt defeat would be the triIi ~ JWy. Vet
this event, the mof ftrsnge and Incompatible with he
creed Of republican, is recorded among the sSIurdi
ties Of your adminiQrston.
The Proficient, at the requef Of the Senate Lrectld
proiecuion to Be commenced By the Attorney Cen
eral againh VIM Duane, for libel that branch Of
the Legaurc. The Grand Jurg had found the charges
fupporssd, and returned true bill Soon afer you
into Office, g7r directed The attorney to 5ifcoa-
tinue the pro(ecution.
It may be ;uftly quehioned whether in aHy cafe the
PreGGent can righfuy interPoe his authority Aop
a criminal prOlecution. have not time 70 eEamine
the common law suhorities this fubjstt ana if
they Gated, il by probable that YOU
wouli admit their force aud validity.
But general principles t is esly fee how for
midab!e wond be this power IN a Chief Magitfrate-
power that might be exeTciftd to wreG from Us the
benefit and fecury Of trial by jury and poltrate the
arength and effect Of the whole penal code. That
fuch Ar enormous pow is not velted il the PIefdent
by the contribution, is :rt5ln-thaJ Il is not implied
il his executive dute infersble from the nature az
his Office is little icls clear and indubitabe. II wculd
amount to urTendsr the part Of the people Of ali
the barriers of law and courts, which every free nation
has raled fecurc its rights. and the aoloiute eah
hment Of def2otic will in the Chief Iagilrate Once
admit the principle, shat IN any cafe ne Pre6deut
1uP criminal Procrs in any Gage Of its progrsl,
except ~ pardon q the offence, and where Is the
iimit 70 the exercife az this powcr But win NOT
purlue this lea having anticipated the fuhleGt in the
preceding GaperS.
There i another view Of this fubjec VII ch exhibits
your condu4 III equally uniavorablc light. This
profecution commenced at the pecial requtil Of
the Senate Of the United States for belous and abu-
Gre publication. a decent rereGt for thar bod hoUta
have induced you avoid any interference IN The cafe
and le the law have rs due ccure. TO lup tic courie
Of Juice, therefore grols inlu that body; Il
TO iubittue your opinion for theirs without
their requeh cOHlcnt-as well as TO render your
will paramount 10 the iaw. It to trelPals
The prerogatve Of courts; to wrea from the people
the acred right Of trial by jury-it to violate the
coE(ttution-and fuperadd to this breach Of tru6,
wanton trefpaf the dccorum due to the Senate If
that body, whoever may compole it, w3 tamely fub-
NIT to this encroachmens their rights they pre-
pared for the furrender Of their dignity, ana the
authority ofthe United States.
Much has been faid and written about your lending
the Puslc money 10 the officers OF the French lhp,
Berceau and furni(hng money for the repairs Of the
1p, to the amount Of twenty thouiand dollars, be-
eve the facts not denied by your friends. IL is
matter OF public noorety that you luppled the officers
with money, at the rate og Eve fix dollars day
and allo with large fun repair the fhip. under
and the money, furniihed the officers, is conhder
ed loan, and to be refsnded for the law author
zing the martial to maintain the prfoners, taken on
board of French armed hips, never can warrant the
ue OF fix dollars day for the fuPport OF the officers
But, Sir, where is the law that authorizes the Pref
dent 10 lend money Of the Treaury of the United
States call you, Sir and all your advocates, to
the authority by which you have laid your hand
upon a large fun Of public money. No, Sir, no law
no authority exits which directly or indirectly. can
julify this meAfure. PreEdents Warrington and Ad-
ans, never ventured upon fuch nep-nether they
their miners dared to draw from the Treat
ury of public money, unlels authorized expreGly
by law,
The Contribution is clear on this point Ia Sect 9.
Art. 8, It is declared that No money iha be drawn
from the Treafury, but ia consequence of appropria
tons made by law Now, Sir, money has ever
been appropriated by law for the repair Of French ps
conceive this meafure of yours therefore to be mo
haqrant violation OF The contribution, and mon dam
pei Gus precedent. Prefdent lend cent Of the
public money ia may lend milsn of dollars-or the
whole revenue-If you do thiS TO etatfy your
Fys5 friends. future Preiden may lend the public
money to crafty his B,B friends, and will attempt
yindicate the mssVrs BY citing your precedent. Whsrc