Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1809-03-27

Mr.. Dallas was employ ed. at tie expense OF
several hundred dollars, To rendertnis ass's-
lance. The cause was tried at the CAPITOL
Washington, during the setting OF Congress
before Chief Justice Marshall, and Judges
Chase and washington. The hall OF the
court was crowded with spectators, among
WHOM were observed many foreigners OF
distinction, and members ofCongress. Inc
bouour.bls Levi Lincoln arose -one hand
was rested on large Pile OF lazy BOOKS
which it would seem he intended tn use,
The other contained roll OF manuscript
notes OF the case, 30 which 1t would seem
he intended to refer. lie neither used the
one nor referred ie the other Tie was Oh
the floor about ten minutes, when, having
concluded his predatory remarks, ne saiu'
az will now inform this honourable Court,
of the first po.nt which have taken IN TINS
case. He pansed, " / say, may it please
your honors," Continued he, after little
hesitation) and paused again.-The Court
l,stened with the utmost attention f; the
spectators who we're at little distance from
the oar. anxious TO witness the event which
this illus,rious instance OF the monies par
.v,usi," seems TO promise, closed up IN a
seInicircie around the balustrade OF the to-
rum. "As was saying, (said Mr.. Lincoln
have made point."--He bad SO. lie had
ne tb:d'tne court that he begged their kind
indulgence that he felt exceedingly en-
barrassed and wished f-w minutes for re-
collection. The Court Bowed assent, and
Mr.. Lincoln sat down
"A,ter pause offfleen minutes, during
which there was the most solemn Stiffness,
Mr.. Lincoln rose again. lie continued to
speak abont ten minutes more. Wis man.
ner was wild, incJhercn,, and unargum .nta-
tive, and seemed to be an unconnecied, pre-.
mscuous, and irregular assemblage Of
words, without the smallest attention TO an
oyfo verbora,n. have now come, (said
be) may.t please your honours, 10 the sesond
point proposed--I say--the second point
which have taken is this--I have got lsaid
'he) to second point. however, was
never able to get any farther, and the Court
remain yet to be informed what that second
point was. Mr.. Lincoln was obliged once
more TO apologize TO the Court for being un-
able to proceed. lie said, he felt an en-
barrassment which he could not conquer,
and that Mr.. Dallas would go on with the
cause. A confused surmur was heard
throughout the hall il was the hum of vex.
alton, disappointment, and keen remark.
Some of the auditory felt ctiagrined at this
debasement Of our national dignity some
felt disappointed ard as;onished that this ex-
ertion of forensic eloquence, should have
terminated in such Notifying deve!opemenf
eftj.e talens Of their Attorney General and
others laughed at the impotency which they
had predicted whilst the poor Mr.. Lin
coin sat down at the bar, and covered his
face with his hands. Il would be vain TO
deny the truth of this statement the hun.
dreds who were present can testify to its
truth"
I will add,ice another instance of this
mans useful labours,' where his impartial
;ry is as conspicuous 80 his ability was in the
preceding one. The infamous Calender,
the reyiller and hbeller Of Washington, had
been convicted Of Publishing the most viii
famous and groandiess fslsehoods, against
the most eminent and patriotic characters
in the country, for which he had been con-
yicted by jury, and sentenced to pay fine
70 the United States of two hundred dollars.
(Ifhe had been sentenced 20 pay two thou
sand dollars, he would have had no more
than Justice done him But the infamous
Caliehucf nhu nc1Icu W TIC hT. JcUtTson ii-
to Office, and this was sufficient atoncment
to induce democratic administration to par.
don anv crime. Shortly after Calender
had paid the fine to the Marshall, Mr.. Jef-
ferson granted him general pardon, re-
hitting and releasing all tenaifies inewyesi.--
Doubts were entertained whether the Mar
shall, having once received the money
from Calender, could legally pay it
back to him. These loubts were commu-
nicatcd to Levi Lincoln, then acting as Sec
rotary of State. who, after a delay OF nearly
a msnth. replied. that the question had been
and that " before fine is paid
into The treasury, a pardon RENTS and re-
stores it to the party ;" concluding with a
direction 10 restore the money to Calender,
which was accordingly done.
The arguments which were adduccd in
the discussion Of this subject, were unan-
swerable. that when fine is paid. it be-
comes property vested and that charter OF
pardon does not imply restitution.
From the foregoing exposition of the abili-
ties and principles Of the democratic candi.
date, it is clear to every honest and impartial
elector Of Massachusetts, that he is totally
unqualified for the Office of Chief Magistrate.
JOHN CODLINE.