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Be it our weekly task,
To note the passing tidings of the times..
Hudson, April 12, 1803.
The Spanish government has given permiffion for the depofit of provifions in New-Orleans, on paying 6 per cent. duty. This is very kind-fince it is exprefsly ftipulated in our treaty with Spain that the citizens of the United States fhall be permitted to depofit their merchandizes and effects in the port of New-Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the fores.-Perhaps another two millions of fecret fervice money, properly applied, may restore to us a right, which has been wrefted from us in direct violation of a folemn treaty.
RIOT IN THE STATE PRISON.
Laft evening (April 4) about forty of the prifoners confined in the State Prifon rofe on the keepers, fecured them, and made their way into the yard, where they collected fome boards, and attempted by placing them against the wall, to climb up and make their efcape; but the centry obferved them in time to give the alarm; the bell was rung, the guards affembled, and the prifoners perfiling in their attempt, were fired upon. Several were wounded. One man not concerned in the riot, but drawn by curiofity to a window, was killed on the ipot; and one of the rioters, has fince died of his wounds. It is faid that not more than fix or eight were originally concerned in the plan, who induced the others to join them when it was ripe for execution. Several, however, refused, and were obliged to defend themselves with their knives from being dragged in to become parties. Ore of the rioters threatened the Keeper's life, but the others interfered in his behalf, and declared no keeper fhould be the leaft injured, their only object being to escape, and not to commit violence on any one.
THE CITY ELECTION,
On Tuesday laft, refulted more favorably to federalism, than the most fanguine had expected. The increase of federal votes, fince last year, has been confiderable. Mr. GELSTON obtained the fuperviforfhip, laft year, by a majority of only 16 votes, if we mistake not. Confiderable exertions were made on both fides, as the democrats had previously declared in the Bee, that they intended to try their strength at the city election, preparatory to the county election. In trying their ftrength they have expofed their weaknefs; while the federal citizens have convinced the people of the neighboring towns, by an encreafed and refpectable majority, that Hudfon is firm in federalism, notwithstanding all the arts of fham-patriots and political mountebanks."
Number of Votes taken 419.
Samuel Edmonds Daniel Penfield James Hyatt Thomas Power
Profper Hofmer Ebenezer Rand
Claudius I. Delamater
229-John R. Holenbeck
Federalism continues frong in Maffachufetts. From the returns already received. there appears to be a great increafe of votes for Gov. Strong. Mr Gerry is, as usual, his antagonist. The editor of the Ægis thus honeftly, and without any democratic quibbling, fpeaks of the event :-" The Republicans of Maffachusetts have again been fairly weighed in the balance, and found wanting.-In the prefent election, as in every preceding effort, they have been completely diftanced." &c.
By the lateft returns from N. Hampfhire, we find that Gov. Gilman has a majority over Mr. Langdon of 3431 votes. In the fame towns laft year his majority was much less.
ODE TO POPULARITY.
By R. CUMBERLAND, ESQUIRE.
To say I hate thee were not true;
I cannot love thee and despise thee too.
Thou art no patriot, but the veriest cheat
A state empiric, bellowing loud
Tho' half the city sunk in one bright blaze!
A patriot no; for thou dost hold in hate
Thou can'st affect humility, to hide
Some deep device of monstrous pride;
Long scripture passages canst quote
Thou hast no sense of nature at thy heart,
In truth and justice thou hast no delight,
Virtue thou dost not know by sight; But, as the chymist by his skill, From dross and dregs a spirit can distill,
So from the prisons, or the stews, Bullies, blasphemers, cheats, or jews Shall turn to heroes, if they serve thy views.
Thou dost but make a ladder of the mob,
There safe reposing, warm and snug,
The fchool of Medicine at Paris has published, in its tranfactions, fome interefting obfervations of citizen DelerauDefontaines, phyfician at St. German, on a living infect which was found in the fubftance of the liver of a man who died at the age of thirty three, of a diforder in the flomach and bowels. It is a worm belonging to a genus hitherto unknown it is about the fize of a full grown filkworm, and of a brownish red. The body moves by means of rings, regularly articulated, each articulation being marked with a white point furmounted by a hair of a firm texture, and extremely acute. The head of the infect is armed with a fpecies of horn, and the lower extremity of the body is terminated in a manner fimilar to that of a lobfter.
SUCH is the remarkable economy of Providence, that the moft powerful antidotes are always found in the neighbourhood of the most defperate poifons.
"Father Du Tetre tells us, (as St. Pierre writes,) that he one day found, in the Inland of Guadaloupe, at the foot of a tree, a creeping plant, the ftem of which presents the figure of a ferpent; around which there was a number of ferpents lying dead. He communicated this difcovery to a med ical man, who by means of it performed many wonderful cures, by employing it in the cafes of perfons bitten by thofe dangerous reptiles. This plant grows in the Eaft Indies, and is called fnake-wood."
AMONG the ancient Affyrians, it was, it is faid, a ufual cuftom to affemble together every year, all the girls who were marriageable; when the public cryer put them up to fale, one after another. The moft amiable and attracting were first fet up at public vendue, and were bought off by the rich at a high price; and the money that accrued from the fales was divid ed among the girls whofe perfons were dif agreeable; and men in deftitute circumftances, or poffeffing but fmall property, took the laft mentioned clafs of girls, to gether with their portions.
Such is the prevailing avarice of prefent day, that an attempt to pr matrimony by reviving this old A. cuftom would prove ineffectual; l prefumed that the rich would foor the ugly girls with fortunes, than money for fuch as are amiable.
A GENTLEMAN having a to meet his friend on particular went to the house and knocked at.
which was opened by a fervant girl-He informed her he wanted her mafter. "He "Then
is gone out Sir," fays the girl. your mistress will do," faid the gentleman, "She," faid the girl," is gone out too." -"My business is of confequence," returned he, "is your mafler's fon at home ?”’ -"No, Sir," returned the girl," he is gone out.". ""That's unlucky indeed," replied he, "but perhaps it may not be long before they return; I will ftep in and fit by the fire."-" Oh, Sir," faid the girl, "the fire is gone out too." Upon which the gentleman bade her inform her mafter that," he did not expect to be received fo coolly."
TERMS OF THE BALANCE.
To City Subscribers, Two Dollars and fifty cents, payable in quarterly advances.
To Country Subscribers, who receive their papers at me office, Two Dollars, payable as above. To those who receive them by the mail, Two Dollars, exclusive of postage, payable in advance. A handsome title-page, with an Inde or Table of Contents, will be given with the last number of each volume.
Advertisements inserted in a conspicuous and handsome manner, in the Advertiser which accom panies, and circulates as extensively as the Balance.
Complete files of the first volume, which have been reserved in good order for binding, are for sale -Price of the volume, bound, Two Dollars and fif ty cents-unbound, Two Dollars. The whole may be sent, stitched or in bundles, to any post office in the state, for 52 cents postage; or to fice in the union fr
FOR THE BALANCE.
HUDSON, (NEW-YORK) TUESDAY, APRIL 19, 1803.
TO AMBROSE SPENCER, Esq.
NE of the brilliant gems in your character is a fingular verfatility of mind, bending with peculiar eafe and felicity to the changes of times and circumflances and to the interefts of party. A fhort time only has elapfed fince you were a zealous and a doughty champion for the uncontrouled freedom of the prefs.When Washington was accufed of embezzling the public money, and was denounced as "the fource of the misfortunes of our country;" as the man who had "given currency to political iniquity and had legalifed corruption ;" who had
Some men have been able to crush the liberties of a nation at a fingle blow.-"When Bonaparte, fays D'Ivernois, had fuppreffed eighty newspapers, he affirmed that now the liberty of the prefs had fucceeded to its licentioufnefs." Perhaps you also may have cherifhed the idea that the true liberty of the prefs, in this country, is the liberty of printing and publifhing exclusively on your own fide: yet it would require confiderable art and management for you to bring matters to this
the most venomous calumnies from the
doctrine of paffive obedience: an attempt
cankered the principles of republicanism in an enlightened people, and carried his defigns, against the public liberty fo far as to put in jeopardy its very existence :" When Adams was called “ a hoary head-ly emerged the long exploded monkish ed traitor," and was charged with the murder of Jonathan Robbins: When Jay, than whom a purer patriot does not live, was overwhelmed with torrents of the most malignant flander, and was denounced as a mifcreant who had facrificed the interefts of his country for British gold: When Pickering was charged of robbing the pub- || lic treasury of millions of dollars: When Wolcott was accufed of burning the war office to hide the villainy of the officers: When almost every federal man, whose ftation, talents and luftre of character, rendered him confpicuous, was affailed with
Your political machine of European conftruction has, however, been put in fo furions a motion that it has already recoiled forceably upon the hand that held
"As some musquets so contrive it,
parte; and fhould therefore have remembered the advice of Voltaire, "Strike, but hide your hand." But, forgetting to temper your zeal, you have alarmed the public without effecting your purpose.The principle that you have aimed to eltablish would, if eftablifhed, be a deathblow to public liberty; it would be more
calamitous to this nation than an earth
quake that should fwallow up towns and cities. Was it your averfion to George the third that caufed you to reject the
cafes of libels, and to explore the annals of antiquity? Or do you not well know that any civil officer who fhould have urged in England, ten years ago, the fame flavifh principle which you have lately urged in this republican country, would have been overwhelmed with public indignation Hume has with great propriety remarked, "The English ought to be cautious of appealing to the practice of their ancestors, or regarding the maxims of uncultivated ages as certain rules for their prefent conduct." And fill more dangerous, and infinitely more ab furd it is for our nation to recur to the an
cient and barbarous practices and maxims of a monarchy and to use them in the government and police of our free republic. Yet this you have attempted to do.-What a curious fpectacle has the public lately beheld -The confiftent, the patriotic Ambrofe Spencer, who, "lives and moves and has his being" for the good of the people, producing from the cells of monks, from the mufty and worm-eaten records of dark ages, a royal ftatute that, centuries ago, was obfolete, and aiming to use it as an engine to crufh the prefs. Alas, for your difappointment "How are the mighty fallen!"
ling the prefident who is an elective offi-
therefore, (the conftitution of the United States being the fupreme law of the land,) any acts or laws of particular flates, which militate with it, are null and void.
ftruction and fome amufement: for the prefent, however, it is fufpended; and its affumption or final relinquifhment will de pend on your future conduct.
From a publication in the Recorder signed Federalist.
You will confider this and the forego. ing addreffes as an introduction to a much more extenfive correfpondence, fhould And is it certain that an attempt to pun- circumftances render it neceffary. It was ifh a fuppofed libel against the adminiftra- my defign to canvafs the most prominent tion of the union, by means of the Bri- inftances of your whole political conduct, tifh common law, is not a violation of the during feveral of the last years. The fub. conftitution ?—The jurifdiction of the fed-ject is fertile, and would afford much in. eral government and of the ftate governments are diftin&t and feparate, and cannot interfere with each other without You ironically tell your reader not to breeding horrible confufion. When the laugh at me and what is the ridiculous conftitution of this ftate was formed, and inftance of my conduct to which you althe British common law was incorporated lude -It is my difclaiming any conneewith the ftate-code, the conflituent contion with the Wafp, and yet efpoufing the vention could have had no idea of applycaufe of its editor. This you would rep. ing that common law, as a fhield to the refent as an evidence of the vileft hy poc-prefident of the U. States; becaufe the federrify. The bafe infinuation I defpile and indignantly repel; and confidently claim, exift. The conftitution exprefsly fays, in this as in all other inftances, the char· Exceffive bail fhall not be required, nor acter of confiftency and integrity of conexceffive fines impofed :" and does not duct. It is true that the Walp had neithis inhibition exclude the operation of the ther patronage nor encouragement from British common law, which leaves it in me; and it is alfo true that I have been the power of the court to require bail and In thefe publications, there were pofitive one among thoufands of freemen, who to impose fines, according to its own pleaf- affertions, accompanied by a statement in would thield the editor from the arm of viure? The conftitution alfo provides that figures, accufing, and explaining the pretended frauds which had been committed olence that has been uplifted to cruth and the accufed" fhall have compulfory prodeftroy him. The manner of conducting cefs for obtaining witneffes in his favour." upon the public, by the perfons who then his profecution, and the political principles it in the power of the court before Is it in the power of the court before administered the government, and conductyou advanced in the courfe of that bufiwhich you have profecuted, to grant fuched the treasury. And they were fo connefs, affect deeply the intereft, not merely compullory procefs," beyond the limits of an individual or of editors in general, of this flate ?-Certainly it is not. The of this flate ?-Certainly it is not. The but of all the freemen in the United States. convention of the ftate of New-York, when it adopted the federal conflitution, annexed to the adoptive at the following decla
al conflitution and its officers did not then
Curious indeed is the method you take to wipe off the ftain of inconfiftency (" reader, do not laugh") from yourself. Youration, "that the freedom of the prefs opposed the Sedition law on the principle that it was unconflitutional; whereas the British common law, you think, happily accords with our republican conftitution. It is, however, well known that the Sedition law was denounced as not merely unconflitutional, but as oppreflive and tyrannical. Now if that law were tyrannical, the common law is furely much more fo : if the former would have chaflifed people with whips, the latter will chaflife them with fearpions. Under the Sedition law, the accufed might justify by proving the allegations charged: the common law allows not this privilege, but punishes truth itfelf as a libel. The Sedition law gave to the punishment of fine and imprisonment certain limits, which it was not in the power of the courts to exceed; the common law leaves the accufed
to be punished at the difcretion of the court, which has power to make him a prifoner, feven years or even during life, for publishing what he knows and can prove to be truth. The latter metes out the fame meature of punishment for libel
DURING the laft year of the adminis tration of Mr. Adams, certain publications appeared in the paper called the Aurora, over the head of which there appeared in capital letters, these words,
trived, that every man who did not know that the whole was a fabrication, believed that the public had been defrauded out of more than 500 ooo dolls. The fabrication was fo contrived, as to fix this fufpicion upon Mr. Adams, Mr. Pickering, and Mr. And fuch was the public jealousy respectWolcott. The mode in which the fabricaought not to be violated, or reftrained." tors acted, was as follows. One of the mendment has been added to the conftiing this very important point that an a- clerks of Mr. Wolcott's office was debauched from his duty. He introduced into the tution, ordaining that " Congrefs fhall treafury office, (or conveyed the treasury make no law abridging the freedom of books to fome other place) five or fix of the fpeech, or of the prefs." But if the offi-Pennfylvanian democrats, to whom these cers of particular flares are invefted with books were expofed. They took down all the power of carrying the terrors of the the charges for money which appeared on British common law into the aistrict of the books against Pickering, &c. amountthe federal government, and of punifhing ing to about 700,000 dolls. more or lefs. what they deem to be libels with fine and They paid no regard to credits, nor to the tional fhield to the freedom of speech and imprisonment at pleafure, this conftitu- knowledge which every one of them had, that much of the money was affigned to of the prefs is rendered utterly ineffectual Mr. P. for the purpofe of paying a debt which the U. States owed in Holland, tho' they knew that it would be perfectly improper to allow any credit the books to Mr. P. until the payments, and other purpofes for which the money was advanced, been done. Mr. P. ftands acquitted; nay, were fully exemplified. All this has fince more, it appears that he negociated the payments in Holland with fo much ability and fidelity, that he faved in the p ice or rate of exchange more than 14000 dolls, which fum he voluntarily gave an account of and
yourself, whether a ftate profecution, in
furrendered to the public. The friends of Mr. P. were aftonished that he should have borne in filence fuch defamatory publications. The reason was this. The money was appropriated to effect certain duties; as for inftance, the purchafe of bills of exchange. If Mr. P. had defended himself against the defamation, and ftated that the money was appropriated for purchafing bills of exchange, he could at once have filenced the ftory about public plunder; but he would at the fame time have expofed the fecrets of government. The dealers in exchange would have difcovered that the public wanted a large fum in bills upon Amfterdam. The exchange upon fuch would have rifen, and inftead of gaining 14000 dolls. as has been done, he might have acted as Gallatin has done in a fimilar negociation, fo that the public might have been very greatly injured.
LIBERTY OF THE PRESS.
A CITIZEN who has had the misfortune to fall under the displeasure of such an Attorney-General as was mentioned in the supposed case in our last, has but little reason to hope for favor or mercy. He may think himself fortunate if he obtains justice. When a public officer, possessing the power and influence of an Attorney-General, has the presump. tion to draw up a bill of indictment in his own of fice, before court-time-when he so far overleaps the duties of his office, and intrudes upon the rights of his fellow-men, as to put into the hands of a sheriff a list of the persons to be summoned as grand-jurors—and when these grand-jurors so far lose sight of dignity and independence, as to become the dupes and humble tools of the AttorneyGeneral-then, indeed, must the citizen tremble for his liberty. The time may soon arrive, when he will be compelled to mourn its loss. For, if partyspirit is once permitted to creep into our courts, and usurp the seat of justice, not even the name of liberty will remain.
To those who are acquainted with the political character of the Attorney-General of this state, it will not appear surprizing that he should be driven about by prejudice and passion. He is well known to be similar to a leaden bullet-heavy and harmless, except when put in motion by the fire and brimstone of his passions.
Mr. Spencer had taken considerable time to mature his plan for arresting and silencing the junior editor of this paper; and yet he had proceeded with so much cunning and secrecy, that no suspicions were entertained of his intentions. Indeed, it might have been supposed, that he would be the last man in the world, to lay a restraint upon the press. It is true that he had been once or twice mentioned in no very respectful manner in the pub. lication entitled "The Wasp," but he always af fected to treat such things with so much disdain,
that it could hardly have been expected that he would retaliate upon the printer in the manner he has. Besides, the junior-editor had sufficient reason to believe that Mr. Spencer was, in a considerable degree, a lover of slander; that he could swallow calumny with a pretty good relish-nay, that he could even feast on detraction. Of these reasons the reader shall be informed :-At the time that Thomas Paine's second or third letter (it is not recollected which) first arrived in Hudson, Mr. Spencer was in the Post-Office, with two or three of his democratic companions (it would be a burlesque to call them his friends.) The junior editor of the
Balance was also there. Mr. Spencer took up the National Intelligencer, and, turning to his followers observed, "Here is another letter from Mr. Paine -come, gentlemen, walk down to Holt's and hear it read-it will be an excellent treat before dinner.” Mr. Spencer need not deny this fact. It was laid up at the time, as a precious memorandum; and it is now brought forward to shew that neither a hatred of slander, nor a regard for the public good, actuated him in his attack on the press. It is ridiculous for Mr. Spencer to lay any claim to decency, as long as the above fact stands recorded against him. What! can the man abhor licentiousness, who declares that the villainous and abominable letters of Tom Paine are an excellent treat for gentlemen before dinner? No, no-the thing is impossible. No. body will believe it. Mr. Spencer's professions of regard for the honor and dignity of the nation, have become stale and unavailing. The mask of patriotism which he, for obvious reasons, has put on, only serves to set off, in darker colours, that hideous figure of tyranny and ambition which t scarcely half conceals.
REVOLUTION of words.
In the fluctuations of the English language, several words have entirely changed their original significations; among which are the words knave and villain. The word knave formerly signified neither more nor less than a servant. In a very ancient translation of that part of the Bible called the new testament, one of Paul's epistles begins thus,
Paul a knace of Jesus Christ." The word knave now means a man, who is either dishonest in moneydealings or else makes use of imposing arts and deceptive intrigues to accomplish his purposes. For instance, political hypocricy, or sham-patriotism, is really and properly a species of knavery, as well as swindling and cheating in money transactions.
The word villain was not originally indicative of any species of roguery. It was, some few centuries ago, an appellation or common name for whole classes of people. Tenants, tradesmen, common citizens, and indeed the people generally who were not exalted by office or rank, were called vil lains in public writings, and even in the national acts. This word also has suffered a degradation; and there is now always associated with it the idea. of some species of moral turpitude.
As it is very difficult to recover a good character that has been once lost, it is improbable that those two words, especially as they have so long associated with bad company, will ever regain the character originally attached to them.
DEMOCRATIC SLANDER REFUTED.
We had prepared an article of some length, to refute the slanders against Major Ten Broeck, which were published in the last Bee; but being informed that Mr. Helt has agreed to publish the following certificates and receipt, accompanied with a suitable retraction and apology, we forbear to make use of the advantages which are in our hands for destroying the reputation of the Bee. By merely republishing half a column from the Bee of last week, we could fix a stain on Holt's editorial character, that neither years of repentance nor whole columns of apology could wipe away. But we forbear. We disdain to take advantage of a fallen enemy.
Our only object has been to defend an honest and injured man. This object we have steadily pursued, until our antagonists are compelled to acknowledge that our statements have been perfectly correct, and that theirs have been erroneous. We, therefore, treat with silent contempt the abuse which the Bee has bestowed on curselves. We have discharged our duty to the public, and to Major Ten Broeck; and when Holt has honestly done the same, his conscience will be relieved from an oppressive load.
The subjoined copies will shew, that Major Ten Broeck is not a public delinquent; but that he paid every cent that was due from him to the treasury, immediately after he had ascertained the amount :
"WE the fubfcribers, do certify, that we have feen, in the hands of John C. "Ten Broeck, the bond given by him, "Daniel Penfield and Cotton Gelfton, "to the United States, for the faithful performance of the duties of Collector "of the internal revenue, by the faid John C. Ten Broeck; and that the fol lowing receipt and certificate, the former figned by Edward Living fton, and "the latter by Daniel Penfield, are true copies of the originals, endorsed on the "faid bond. Dated at Hudson, 15th April, 1803. (Signed)
"New-York, January 22d, 1803, Re"ceived from Daniel Penfield, twenty"fix hundred and eighty four dollars and fix cents, in full for the within bond, "which is hereby delivered over and affigned to him, for his fecurity againft "the principal and the other furety in