davidaulloa/AmericanStories huggingface dataset:
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1808-03-03

, In pursuing the comparison between .
the federal Judiciary and those ofVirgi-
ma and Great Britain, 1 feel myself
pound to admit that the first is very de-
Iectlve tor the office of marshal is in
the absolute power and controul of the
PRESIDENT, and holden at his pleasure.
cannot say that every man, on this
account, lies at the Presidents mercy:
put Will say, that a fair trial can hardly
be expected. When the President be-
comes the prosecutor, as he is frequent
~ bound to do, of what avail is it to the
citizen, that his judge is intelligent and
impartial if influence and corruption
nave conspired in selecting his iurys If
facts are found against him by partial
men on incredible testimony, and he
suffers death or infamy numerically, It
is the same thing to him, whether the
error be in the judge or.the marshal :
whether it flow from a dependent Judi
CARY, or dependent officer of the pre-
sident. ITO he continued :
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1808-03-03
{ 3as J

VI a"il VI Win a. view to
submit 1t to the state convention ex-
Pected to be convened in 1884, propos-
es to provide efectually against the
power to lessen the judges salaries dur
ing their continuance in Office.
l Will next examine the judicial tc
nure as secured by the constitution Of
the United States, which it is. now pro-
posed to alter and impair. And that
tenure IS precisely the tenure of the
Virginia judges, except that the salaries
OF Iederal Judges cannot be diminished
curing their continuance of office. The
constitution of the United States, as to
tins subject, is precisely what Mr.. Ief-
ferson supposes the constitution of Vir-
glnla and OF every free state ought to
be. lhe only defect which he has dis
covered in the judicial tenure in his ma
tive state, Is effcctually provided against
by the federal constitution. And there
was time when. this opinion was una
nlmously entertained, and cherished in
convention, containing the brightest
constellation of talents and patriots, that
tins commonwealth ever produced
that convention which adopted the fe
deral constitution, From an examina-
tlon OF the debates of that body as pub
nshed, 1t will appear that human inven-
ton and ingenuity were put to the tor
ture, to conjure up objections to the
scheme OF government then under their
consideration. Some of these were cal
culated to excite our wonder and sur
PRISE, and others our contempt. Yet in
this heat OF opposition this determine
ton to lind fault, not one solitary voice
was heard against the independence of
the Judges. The power to make trea-
ties to raise taxes /; to. build navies
each department. Of the government, as
they separately came under considcra-
ton, met with the most rigid scrutiny.
The necessity of a federal judiciary was
disputed; but this being resolved on,
there was one unanimous opinion, that
tnat Judiciary should be a separate, dis
tlnct and independent branch of the pro-
posed government; and that the Judges
should hold their Offices during good
behavior and be only removable by i'm
parchment. There were some mem
bers, and among them the immortal
Henry, who commended that the tenure
proposed was not sufficiently independ-
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1808-03-03

1niamy. SO that whatever concerns. or
IN the smallest degree intermediates in
the administration Of justice, is placed
beyond the reach of executive or Iepis
iative controul. And vet this universal
scheme OF judicial independence, met
the Reproduction of some of our most en-
hghtened citizens-not because of its
Strength-but because of its weakness
SINCE under preteKt Of making their sa
iarles adequate, the assembly could
starve the judges out of their places
At was contended that the freedom of
trial could never be sacred, unless the
legislature were deprived of the power
OF lesscnlng the salaries of Judges dur
ing their continuance in Office. This de-
tect furnishes Mr.. Jeferson's fourth OBJ
lection to our state constitution. Twill
quote him in his own words. because
they convey my own opinion in language
better than L am master of. "All the
powers OF government, legislative, exc
cutlve, and judiciary, result to the leeis-
lative body. The concentrating these
~ the same hands, is precisely the de-
hnitlon of despotic governments. Il will
ne no alienation, that these powers will
be, exercised by plurality of hands,
and not by single one. 173 despots
would surely be as oppressive as one.
Let those. who doubt it, turn their ewes
on the republic of Venice. AS little
Will 1t avail us that they are chosen bv
ourselves. An elective dcsbotism was
not the government we fought for; but
one which should not only be founded
on pure principles, but one in which the
powers OF government should be SO divi-
ded and balanced among several bodies
OF maglstracy, as that no one. could
transcend their legal limits, without be-
ing effectually checked and restrained
by the others. For these reasons, thar
convention which passed the ordinance
OF government, laid its foundation on
this basis, that the legislative, judiciary.
and executive departments. should be
separate and distinct, so that no person
should exercise the powers of more than
one OF them at the same time. But no
barrier was placed between these several
powers. The judiciary and executive
members were left dependent on the le-
glslative for their subsistence in Office.
and some of them for their continuance
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1808-03-03
W Il Z E L ING,
THURSDAY, Sd MARCH, 1908.

On Sunday last, Daniel Bacon, of
warren, seven miles above this place,
waded into the Ohio and drowned him.
SELF He has left a family, to lament
the desperate deed.
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1808-03-03

Extract of a letter from Washington
City, dated February goth.
Various rumours have been aAoat
respecting the negotiation. Nothing is
known to any person but the cabinet.
The opinion, that the negotiation with
Great Britain will terminate favoura-
bly, has been gaining ground the last
two weeks.
GA long cabinet council has been
held, which terminated last Thursday
evening. On Friday morning a letter
was written by the Secretary at War, to
Mr.. Dawson, chairman of the commit
tee on military and naval affairs, stating
that the Executive wished six thousand
troops to be raised Immediately. This
has not become public but 1 received
the information from a gentleman who
The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-09
THE ENQUIRER.
RICHMOND, FEBRUARY 9, 1908.
TO THE PEOPLE OF VIRGINIA..

The object of my first address to you on
the 18th Jan. last, was to place Mr.. Munroe,
on the ground which he occupied, before the
publication in this Gazette, of any letters
from Washington. The second was princi-
pally intended to explain to you, the dilem-
ma to which his friends were reduced, by
the unexpected call on the 21st Of that month,
OF meeting at the Bell-Tavern, of the
friends CT MIR. Madison ONLY. This pro-
cedure, in direct hostility with the only prin-
ciple, on which caucus can be justified,
compelled the former either to abandon ST.
lently and passively the man of their choice,
In Difference to those from whose assembly
they had been imperiously excluded, or to
submit to your consideration that nominate
on, which their feelings and their Judgment
would have induced them to make in ge-
neral convocatioH. They did not hesitate as
to the course which they should pursue. At
meeting at the Capitol on the evening of the
day last mentioned, which was announced
by member in his place, in consequence of
the partial invitation to the Bell, which meet
ing all the members of the general assem-
bly, were requested to attend-Mr. Munroe
was nominated, and arrangements made to
give effect to the public will, if its decision
should be in his favor.
In reply to this second address, two pub
iCatlonS nave already aPpeared--Dut III hei-
Their of them does the writer take the small
lest notice of this dilemma, nor does he offer
any vindication Of the conduct Of MIR. Mad
ison's friends, in the measures which produc-
ed it. The people are not informed, why it
has happened, that while some Of his most
able and Jealous supporters, after expatiat-
ing on the jealousy Of the other states, and
insisting on modest acquiescence on our part
in any choice which they might make, re-
commended silence and neutrality to Vir-
ginia, others Of the same party made here the
first movement that was made in the u. S.
to give direction and tone to the public sem
timent in his favor. The card Calling a eau
Gus for the 26th JAM last proceeded from
them. The card requiring meeting of his
friends on day one week sooner, 7rithoHt
assigning any reason FIR this antieitation*
and before the other states had even by a
caucus expressed sentiment on the subject
Of the election, proceeded from them. The
line of demareation between the friends of
MIR. Munroc and those of Mr.. Madison was
publicly, and formally drawn bv them The
first instance that this country has ever wit
messed, Of refusal on the part of republi-
cans 10 consult with men not only personally
-
Shall we ever know the reason Was tbs
change suggested ~ a fs'er tioRl WashiS ten?
The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-09
TUESDAY, Feb. 2.

Mr.. DureH moved the following resolution,
which was agreed to, Ayes 81:
Resolved, That a committee be appointed
to enquire into the manner in which the Re
preventative Hall is heated by the furnaces
beneath the flooring off the same--what pro-
bable influence such subjacent fires have up
on the health Of the members exposed to their
exhalations--and how, or by what means the
Injurious effects of the same may in future be
aroided--and that they report to this House
the result of such enquiries.
A communication was received from the
Secretary of the Treasury, inclosing an ac-
count OF the imports into the U. S. during the
year ending SOth September, 1906; which
was referred TO the committee of Ways and
Means.
Mr. Ne7cton from the committee of Com
merce and manufactures reported a bill au-
thorsing the issuing debentures III certain
cases Twice read and referred to COM
mittee of the whole.
f.rhis bill contemplates the placing dis
cretionary power iii the hands Of the Comp
troler Of the Treasury, to issue debentures
IN those cases in which the yellow fever pre-
vai!ing in the port, omission or negligence OF
custom-housc officers, or sickness III the par
tics, have caused an omission Of the formali-
ties necessary by law be observed for obtain
iug drawbacks
Nh. sloan, after few preliminary obser-
vaticns, offered the following resolution,
which was agreed to be considered-Icas
6g. Nays III.
Resotued, That it is expedient and that
the public good requires, that the seat OF go
vcrpmcnt be removed to the city of Phlla-
dciphia for years, and that a commit
sec be appointed to bring in a bill for that
purpose
Mr.. L,eois moved an indefinite postpone
ucnt Of the resolution, and on this motion
debate eBsued which occupied the remain
der Of the sitting, in which Messrs. Sloan,
GARDENER, and Minor supported the reso-
luton, and of course opposed indefinite post
poneneDt, and Messrs, Love, Lyon, Macon,
Lewis and Key opposed the resolution and
advocated this indefinite postpenement ; and
the House adjourned without a question
The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-09
MONDAY, Feb. I.

pIlsdlS DSSASiOho WIZ SStht~u
and referred
Mr.. George Clinton, a member from the
state OF NewYork, appeared and took his
seat.
Mir. Boyle, from the committee on public
lands, reported bill extending the time for
issuing and locating military land warrants.
Twice read and referred to a committee of
the whole.
Mr.. Southard presented the petition of a
number OF the inhabitants OF Bergen county,
New-1ersey, praying for the erection OF
port OF entry at the town OF Jersey. Refer
red to the committee of Commerce and
Manufactures.
MIR. RheG (T.) from the committee on the
subject, reported bill authorship the es-
tablishmeut of certain post roads.-Read
twice and referred to a committee of the
whole.
MIR. Holmes reported bill for the relief
of the legal representatives of Thomas Bare
law deceased.-Read twice and referred to
u committee OF the whole.
Mr. Nelson obtained leave of absence for
ten days.
The engrossed bill for the support of the
navy of the u. States, for the year 1905, was
read the third time and passed.
An engresscd bill to erect a light-house on
Point Judith, in the state Of Rhode Island,
was read the third time and passed.
On motion of Mr.. Basset, the House took
up tor consideration the report of the COM
mittee of the Whole ON the standing rules &
orders of the House.
An amendment made to the rules in COM
mittee of the whole, for admitting heads of
departments and foreign ministers as well as
members of the other branch OF the legisla-
turc being under consideration, long and
desultory debate enSued, in which some gen
tiemen contended for the admission of ladies,
and in the course of which much pleasantly
was displayed. 1t was Contended by the adj
vocates OF the amendment that in g this mag
inConvenient apartment 1T was
next to impossible to hear in the galleries;
and that foreign ministers should be admit
tod to a hearing from courtesy, and because
it had been rule heretofore, and should not
at this time particularly be varied. 1t was
objected to by the opponents that In the pre-
sent situation OF affairs it was indeilcate in
foreign ministers tohear debates in the House,
for i'll a discussion affecting our relations with
England, France or Spain, member could
not speak without offending their feelings,
nor could foreign minister or agent listen
without having their feelings wounded; and
also that foreign ministers to this country,
should not enjoy greater privileges than our
ministers to those powers.
Mr.. Nicholas called for division Of the
question, taking it first on admitting heads of
and the question having been
so taken, there were for admitting them, 81
TO 20.
A motion having been made by Mr.. Ehfies
to take hequestion on admitting foreign min
listers by Yeas and Nays, and some difficulty
arising ON the point OF order whether a ques-
ton could be taken by Yeas and Nays on
motion thus divided; and some discussion "a
rising,
Mr.. Rowan moved to postpone the consi-
Iteration on the subject.
And after discussion, motion to adjourn
was carried before aquestion was taken.
The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-09
NORFOLK, February &.


PoRTUGAL.-Cst:a Kiag of the Ship
Intrepid of this port, arrived here yesterday from
Waterford. Capt. K. was originally bound t.
St Ubes, but on the Gath of ID ecember, of Lis
bon, was boaydGd from his Britannia maiesty's
ship Conqxeroar, of "a guns, one of feet unde
the command of admiral Sir Sidney Smith, tlen
within hail in the Ri5ernia of 100 guns. The
officer who boarded the Intrepid informed Capt
K. that the French having possession of St. Ubes,
and indeed of all Portugal, he could not go in,
indorsed his Register, and turned him off.
This officer further informed Captain King.
that the Prince Regent, with the ROYAL Famiiy.
left the Tagus Oh the Goth of November, as stated
in our last. The approach of the French army,
was rapid, THAT the feet came out very short o!
provisions, with which they were furnished from
the British fleet. Sir Sidney Smith sent four sail
of the line with the Portuguese fleet to Brazil
The Russian feet still in the Tagus, the bat
teries being too strong to permit an attack TO be
made upon it....Ledger.
Yesterday the Court Martial for the trial OF
Commodore Barron, closed as to the evidence,
when the defence was delivered
We do not consider ourselves at liberty to ON.
ment on this defence, but we surely may be per.
mitted to say that t!was eloquent, ingenious, and
logical..B.
The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-09
FRIDAY, ian. %.

A message from the Senate Informing the
House that they would at - o'clock, attend
the funeral of Ezra Darby, Esq.
A bill was received from the Senate, to
revive and continue in force the 18th section
of an act entitled IAN act to ascertain and
Fix the military establishment of the United
States, and to extend the provisions there
of"
The Senate also informed the House that
they passed the bin making appropriations
for the support of the government during the
year 1903.
The House then ad ourned in order to at
tend the funeral Of Mr.. Ezra Darby, late a
Repre- from the state of Ncw-1cr-
|scy.
The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-09

an indictment ODE preferred sainst any in-
dividual in civil society, or to see 10 die per-
tcrmance of any Judicial duty whatever.
; Resolved therefore, That tire papers and
information laid on the Clerks table OF this
House, relative to Gen. James Wilkinson, be
referred to the Secretary of the War De-
partment Of the u. 6
The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-09

instance Of . person who ha> Zen SO, much
the object OF eiIyy to some, anS SO fnuch in
hc,way OF the views and interests Of others,
escaping the icaputation of having done an
improper. act from an improper motive.
II is believed, Mr.. Madison has not at this
time, and that he never had personal enc
my, tor cause that could be ayowed.
WASHINGTON, February :.
The Military Court Of Inquiry in the case OF
General Wilkinson met on Monday, and adjourn
ed to that day week, without transactng any BIZ
siness, no evidence whatever having been yet adj
duccd.
We stated in our,last the arrival of Burr and
Blennerhassett at Chiicothc on the authority of
marginal note on a print Of that i:i.ce Of the
| 10Th uls We have since peruscd several letters
OF subsequent date, whose entire silence on this
point render their arrival at bust tlispt;be The
l.tes. OF these letters Is d,.e.l tic 10Th. Some
/ OF the letters say Barr and Slcancll,asse.t had
both forfeited their recoglIizance others that
Their names had been c.lled every morning. and
tEcir default noted. The Grand Jury had been
engaged Tor two weeks y. examining evidence
respecting Burr and Blcnnerassett, ard, il was
supposed, would very soon report to the Court
Scarcely Z doubt was entertained of bills being
found against them and other; but whether for
treason or msdemcsnor is not SAID Messrs
u uuWin ana Burnct hayc been employeet as :oun.
Sci for the accused at a ice of thousand collars
and Messrs Bibb and Creighton, the attorneys of
TIC districts of OHIO ard Kentucky, are counsel
rort the prosecution. The Court hid. received :,
letter from Luther Martin requesting that the
recoSHizances p,:y be respitcd until Tie next
term, when he assures the court the parties vii.
appear. 1t was, however, thought this request
would be rejected.
On the hrst d:,. of the term, on its being NOV
ed to have the recognzances OF Burr and Blen-
nerhassett called, the application was resisted by
their counsel, who particularly suggested that
the recognizance Of BlemeIhassett was de.
fective, masmuch rs he was not recognized
to appear on amy p.rlicul,r day, or at any
particular term. Thv objection WAS resist.
ed on two grCunds-tIs: g., that the accused could
not be heard by tieir counsel unlil their appear
ance was entered and, secondly, that if tue re
coSnizance defective, that defect could only
be taken advantage OF when an action OF deb.
was commenced, Or a scre fcias sued out on tic
bond. 1t was understood that die argument Oh
this question would not be gone into until the
Grand Jury had found bill 4
Whispers were circulating at Chil!;cothe, that
the Conspirators were assembling in force at Or.
leans, and were more sanguine than ever III THEN
expectations OF success. Nat. lar.
The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-11
CHARLESTON, Jan. 20.

We are happy in having it IN our power
to say, that the City Council have had seve-
raj meetings on the subject of providing some
employment for the Seamen now in this port,
who have been put out of business by the
Embargo. We arc not yet informed what
the measures are, that have been proposed,
but we are assured they are such as will
amply supply them with provisions and
homes."."City Gazette.
Every eXertion is said to be making a.
mcngst a number Of our most opulent plan
tiers, to remedy the inconveniencies which
may arise III consequence of the importations
from England being interrupted, several Of
them have already begun to erect spinning
jennies to spin their wool and coeton, for the
purpose Of having them wove into cloathing
for their slaves many Of them believe that
they will be able to have sufficient quaint
ty prepared Ivy the fall of the year to answer
all their exigeneies.-,B.
The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-11

their choice, and the people themselves far
from condo GINNING it as IN unwarrantablc in
reference with the rights OF the counties,
have, in every instance, elected as guardians
of the public veal, the worthy characters
they submitted to their suffrages.
If to preserve unanimity in our state cleo
tions, it is thought necessary thus to resort to
the scat of government for a nomination, how
much more necessary such measure be
comes when the widely extended partialities
of the whole Union are to be consulteds How
indispensable, when the claims of three illus
trious statesmen are to be reconciled, who
are the equal rivals of each ether in every
private and public virtue ITO leave these
l.satei,sions to the states to settle, would be
as absurd in principle as it would be danger
Gus in policy The arts of intrigue would be
practised upon separate districts, and all the
filth and mire OF e.ectioneering would be
mingled in an affair Of the highest delicacy
and Importance to the nation. Already we
see alarming combinations formed in different
states to menace our cause with division
Vain and frivolous prctexts are employed to
excite dangerous suspicious against our re-
representatives. in Congress.-The hopes of fe-
deralism are encouraged by these feuds, and
the enemies of liberty have already pronounc-
ed its doom. And will YOU, to whom the re-
publiCans ut this state resort as the organ of
their sentiments, as the defender of their pu-
i'ity-will YOU furnish argument 20 those " no
have charged MS. with corruption ?-Surely
you must have mistaken the purpose ofyour
Correspondent at Washington, or you could
not in SO public manner have charged the
representatives! of the republicans with dis
honoprabie intrignes.
For the information of those who have read
these charges, it is we'll that you have insert
ed in chosen characters the name OF Josiah
MdSterS.AHe has always been a wavering,
unfaithful poitician.-In the gloomy days Of
terror, he pursued with ranCorous nlalignity
thc principle of thuse men with whom he has
since forIncd aDoitical and intimate alii
ancc-!As the prospect OF success brighten
ed upon US, his spirit was softened into mcr-
cy--and the sunshine of triumph alured him
20 our cause.-His mind is a singular COM
pound Of cunning and Experimentation
and meanness-posscssed of all the arts OF
Village intrigue, he aspires to be thought The
leader of party.-Al~a, the convenient
Instrument of men Of talents, he at once be-
came the dupc OF John Randolph, and the
propagation of his CalumnieS.-This man was
one of the cRofee authorities TO zchom Cheet-
ham re8orfGd in his late slanderous publica-
tons against our iilustrious eXccutive-On
the floor Of Congress he sanctioned the feder-
al charge Of French influence" and repeat
ed the base fabrication in his confidential let
tiers to his friends.
Beware how YOU credit their impostures.
Beware how YOU give currency to their scan
dial. The chastity OF your own principles
will be suspected, by publicly connecting them
kMJCIJS