« ПредыдущаяПродолжить »
Now, people who were acquainted with both Mr. Jenkins and Holt, could fee nothing wonderful in this choice. No. derflood that the young gentleman who body but the afpiring Captain himself was elected to command the company, was could fufpe&t that it was neceflary to make not a republican. That Mr. Jenkins (for ufe of any extraordinary tratagem to in-themfelves republican, is a fact fo well whom, on every trial, I voted, as captain) duce reafonable men to prefer a gentleman is warmly attached to the party filing before C. Holt. But to him the affair was altogether inexplicable-that is, he could Charles Holt, for he poffeffes both noner known, that even Holt will not deny it. not, or he would not fee what was directHe is not, indeed, fuch a republican as ly before his eyes: He therefore went to and honefty. work to convince the public that his defeat was wholly to be afcribed to the artful management of an individual-an individual, too, of whofe and flanding" the captain fpeaks very peculiar condition contemptuoully.
If the patient reader will accompany me through the Captain's publication, we will take it up fentence by fentence, and detect and expofe its mifreprefentations as we proceed.
The captain begins with a falfe infinuation, which grows into a dire&t untruth, towards the clofe of his publication, where he exprefsly fays that I wrote the communications concerning him in the Balance and Gazette. That I wrote the communication of " Corporal Trim," I fhall not deny; but that I wrote or faw the communications in the Gazette, before they were publifhed, is not true.
Without pretending to doubt the noble captain's word, I would humbly beg leave to afk, who nominated "C. Holt had borne a commiflion in Connecticut 1) (who as an officer of the new company of infentry "The question is eafily anfwered, and if the captain is not in fear of being degraded," he had better fatisfy thofe incredulous people who wish to be convinced of every thing, before they be lieve. Beides, if it should appear that the captain not only voted for himself and obtained a commiflion for himfelf, but also nominated himfelf, who would not envy him his word and cock'd hat ?
It is not true that the "number of af fociators" was nearly complete," when H. C." was unfortunately fuffered to fign the articles." This circumftance is of no confequence; but it is a falfhood, and adds one to the number. I therefore note it.
I am proud to confefs that I did declare my intention to oppofe the election of C. Holt. But it is not true that I endeavored to enlift others into my views.
The next fentence is fo grofs, fo palpably falfe, that, even coming from Charles Holt, it excites fome furprize. determined (lays Holt) rather than fee a republican at the head of an inftitution, to prevent and deftroy it." fuppofed, by this, that he meant to be unIt would be
The next fentence has its full fhare of falfhoods, but the only one material, is that which flates that fome of the men who attended the election, were "direct from an entertainment given by one of Crofwell's
The candidate here referred
Next follow a ftring of falfhoods —It is
One queftion more for the worthy cap-
It is not true that the Council of Appointment" received due information and a legal report from a proper officer
of the militia," miffioned. The officers of the regiment, before Holt was comthe only proper perlons, had never repored to the Council, for the reafons menmeddled with bufineis which did not contioned in " Corporal Trim's" communication. If a If any other officer reported, he cern him. With refpe&t to" due information," it is true Holt waited upon the Governor in perfon, and no doubt gave him information as correct as bis ftatement in the Bee.
That part of the publication which ing, deferves particular attention. It is fpeaks of the tranfactions of the last meetnot true that I had y "measures laid," or any 64 party ready. fon of the Not a fingle percompany ed of the manner in which I meant to prohad even been informceed. It is not true that I with a written harangue and refolutions reappeared lating to C. Holt. written, nor but one refolution, and that I had no harangue did not even mention C. Holt. The ref. olution of difapprobation and cenfure, which pafled unanimoufly, was not formed until towards the clofe of the meeting. It is not true that my addrefs to the company was "couched in terms of falfhood.' I flated plain facts; and challenged the captain to deny them: Nay, I offered to prove every fyllable that I advanced, if he even dared to contradict me. I accused him of conduct beneath the character of a foldier or a man; and he was unable to defend himfelf. This was done in the
prefence of about thirty men, who witnefwith what confcious guilt, he funk under the imputation.
With the remainder of the captain's
regard to fads, I have to add, that every
An apology is due to the readers of
AKE twelve or thirteen pounds of neep's dung, which boil, dregs and all, in a good deal of water. Diffolve three or four pounds of falt petre, and intule in this pickle, for eight hours, a bufhel of new wheat. Dry it in an airy place, not much expofed to the fun. Repeat this operation feveral times, and fow your grain thinly."
Thus people lull themfelves with ineffectual refolves and hollow promises: on the altar of deceit, they make their oblations of vain incenfe, fuch as the great tragic poet calls "limber vows." There is always a fallacy in refolves of amend. ment, when fome future time is affigned The author afferts, that, "from expe- for beginning the work. Whoever are rience it is known, tifat every grain of the unwilling to give attention to the business prepared feed produces feven or eight of felt-correction, to day, cannot be fia. ftalks at least, and each of thofe fta ks pro cere in refolving to attend to it hereafter; duces ears of more than fifty grains of becaufe, if poffeffing the fame difpofitions, coin in eich that grain thus prepared, will be as great and their repugnance ftarts fooner, than when fown in the ufual objections as ftrong, to-morrow, next methods that it grows thick and large- year, or at any future time, as they are but ought to be fown thinner than ufual : at prefent. Accordingly, the Book, that that grain, produced from feed thus pre-teaches Wifdom, folemnly exhorts and pared, is not liable to blaff, to fmut, or commands the children of men to feek her mildew, as unprepared grain." NOW.
To aid the cause of virtue and religion.
FOR THE BALANCE.
THE FOLLY OF PROCASTINATION.
"Begin, be bold, and venture to be wise,
Which runs, and as it runs, forever shall run on,"
plans for the future regulation of their
HERE is nothing in which people re frequently deceive and cheat emicives, than in their purpoles and
7. The Publication of every little Book is moft clearly not criminal; or elfe the Pablither of Wake's Catechifm, or the Hiftory of Robin Hood and Little John, would be criminal.
C. What then is it that makes it fo?
7. It is the Malice, the Falfhood, the Wickedne's, or the Seditioufnefs of it, and the like that conftitutes the Crime.
C. How can that be, when I have heard my neighbour, Farmer Jones, infift upon it, that he hath often heard my Lord Judge upon the Bench declare, that the Jury bad nothing to do either with the Malice, the Falihood, the Wickednefs, or the Sedition of it, that that was all form, and they were on y to find whether the Defendant did publish it ?.
7. You certainly must be mistaken; for Farmer Jones never could fay any fuch thing.
C. The Farmer did fay fo, and I am pofrive of it.
7. Then let us reafon the matter together.
C With all my heart. I long to hear your opinion, as the affair feems to be of great confequence.
As you have often been upon a Ju. ry, I fuppofe you have not forgot that it is always cuftomary for the Jury to take an Oath before the Tial ?
C. I remember it well. But the contents of the oath I do not now perfectly recolle&t.
J. It is this: The jury fwear, that they will well and truly try the iffue between the King and the Defendant, and a true verdict give, according to the evidence.
C. This oath feems to be a very ferious affair.
7. And fo it ought to be; for on the due attention to this oath depend the life, liberty, and property of every Engli
C. Pray what do you mean by the iffae '
7. I mean, Sir, that cafe which the parties have agreed to refer to the jew's confideration; and which is reduced to a legal proper form. But left you may not comprehend it clearly, I will give you the fubftance of the proceedings, whereby you will be the better able to judge what is meant by the word iffue. You muft obferve then, that the Actorney General fets forth, in the information he exhibits a gainft the defendant, that he did, on fuch a day, publish a falfe, fcar dolus,at ditious libel, the tenor whereof is as fol. lows. And then he tranfcribes the pape or book he complains of perbatim and it eratim, and pus fuch conftructions pra it, by inuendoes, as he thinks will bl anfwer his purpofe. To this the de lerd ant pleads, that be is no grily in ner and tom as the information flutes; and puts himself upon the country. An
the Attorney. General does the like. This is the iffue; and he fubmits the determination of it to twelve of his equals.
C. Pray what do you mean by the words manner and form ?
7. By the words manner and form, I apprehend, Sir, the defendant means fay, that he did not publifh a falfe, fcandalous, and feditious libel.
C. How then can that be true which my neighbour Farmer Jones told me?
7. It cannot. For no honeft Judge will dire& me to find the defendant guilty of the mere publifhing the little book fet forth in the information, when I am fworn to try the iffue between the parues joined, which is, whether the defendant did pub. lish a false, scandalous, and feditious libel, and not whether he did publifh ́the little book or paper fet forth in the information, for that is not what I am fworn to try.
C. But pray, Sir, when a perfon is indicted for murder, does not the ind Etment ftate, that the criminal was moved and fe duce by the inftigation of the Devil? J. Yes.
C. Is that part of the indictment neceffary to be proved ?
J Mill cearly not-nor is it neceffary
to let at forth in the indiƐment, as I conceive, for it thofe words were to be left out, and the indictment to flute, that the criminal did on fuch a day murger a particular perfon therein named with milice prepenfe, I conceive that the indi&tment would be as good and effectual in law, as if the words moved and feduced by the initigation of the Devil were inferted.
C. If therefore these words, which are generally inferted in indictments, are not necellary to be proved, how comes it abour, that you fo ftrenuously infift, chat the Atorney General is bound to prove that the little book, or paper, fet fort in the information, is falfe, fcandalous, and fedi ious?
7 I apprehend, that as every publication is not criminal, it is neceffry to point out fomething in the publication you complain of to render it fo, or eife there is no difference in publications.
C. That is true-how then can you reconci't finding a defendant guilty of the bare publication of a libel, or little book, when the information chargeth him with publishing, a falfe, fcandalous, and fedi. tious libel, and not the least falfhood, fcandal, or fedition, has been proved?
7. I cannot reconcile it to my con fcie.ce.
C Not when my Lord Judge tells you, you have nothing to do but to find the bare publicanca ?
meaning, why are they put in? To in: fert words without meaning would be ridiculous; and I am convinced, in my own mind, that there is more in the words than jurymen are aware of, or elfe the uniform practice of putting them in informations would not have prevazed from the first commencement of that mode of profecu-. tion to the prefent ia.
C. Have you never heard what altercations there have been about the world
JYes, and I very well remember, that in the cafe of the K. and Owen, Mr. Pratt (now L. Camd) infifted upon it, that as the word ffe was put in the information, the protecutor was bound to prove it so, or the defendant ought to be acquitted.
C. And what did the judge fay upon the
J. What did he fay! He faid the jury had nothing to do but to find the publica.
C. Did they find the publication?
J. No-they knew and maintained the Rights of an English Jury-they found him not guilty, though the bare fact of publifhing was proved as clear as poffible
upon which the then Attorney-General addreffed himfell to the jury, and faid, Gentlemen, do you mean to fay that the defendant did not publish the paper, or little book set forth in the information ?" -We find him not guilty-" Do you fay he did not publifh it ?"-We find him not guilty-this is our verdict, and we will abide by it.
7. N- or if all the judges in Europ we e to tell me fo- jur ital any man pride me, to the words, talfe, so ་་ da'ous, and fe inous, em re words of form, and nothing more.-if they have no
C. And what do you mean to infer from thence ?
7. I mean to infer, that if the fimple fact of publifhing was the only thing the jury had to do with, the Court upon apphication would have fet the verdict afi le, as being against evidence, and the profecutor would not have been backward in making fuch application-but he was too prudent, for he knew the jury had a right to determine whether it was a libel or not, as much as they have a right to determine whether a perfon is guilty of mur ler. And every one knows, that the bare act of kil ling does not amount to murder, any more than the mere publishing a lude book a
mounts to a crime.
C. Play, Sir, does not the information fometimes aliedee, that the libel or little book was publifhed with an intent to fcan dalize government?
Tey with felony, the judge (I think his name was Fofter) told the jury, that unlefs the profecutor proved the ducats were put into Ashley's pocket, with the intent laid in the indi&ment, they must aquit him; "for (aid the judge) the intent is the principal thing to be confidered." There is no harm in the bare putting ducats into another man's pocket-it is the intention with which they are put there that conflitutes the crime. The fame rule pre. vails in the cafe of an indictment for an affault with an intent to commit a rape, if the intention be not proved. The cafe of a clergyman is fo remarkable, that I cannot omit it upon this occafion: In a fermon he preached, he recited a flory out of Fox's Martyrology, and one Greenwood, being a prejudiced perfon, and a great pertecutor, had great plagues infl.cted upon him, and was killed by the Hand of God: Whereas, in truth. he never was fo plagued, and was him felt, prefent at that fermon; and he thereupon brought his action upon the cafe for calling him a prejudiced perfon; and the defendant nl aded not guilty. Wray, chief justice, denvered the law to the jury that it being delivered as a ftory, and not with any malice or intention to flander any perfon, he was not guilty of the words malicioufly, and fo was tound not guilty. From these cafes it plainly appears, that the law conliders the intention in criminal as well as civil profecutions.
C. I it neceffary to prove the intent ? 7. I think is for I very well remenber, in the cafe of Smmons the Jew, who was in defter ter pacing duca's to A
Tulay, October .8
The Houle et «bour 11 o' lock dad icy's pocke, with an intent to charge Ath-immediately proceeded to onlinep
Be it our weekly task,
To note the passing tidings of the times.
Hudson, November 1, 1803.
On Wednesday, the 19th Oct. the Houfe of Reprefentatives were engaged on the Refolution offered by Mr. Dawson, for altering the Conflitution. The Refolution, of which the following is a copy, palfed after a fhort debate.
Refolved, by the Senate and Houfe of Reprefentatives of the United States of A merica, in Congress affembled, two thirds of both houfes concurring, that the following article be propofed to the legislatures of the several ftates, as an amendment to the conftitution of the United States, which, when ratified by three fourths of the faid legislatures, fhall be valid, to all intents and purpofes, as part of the faid conftitution, viz.
That in all future elections of Prefident and Vice Prefident, the perfons voted for fhall be particularly defignated, by declar. ing which is voted for as Prefident, and which as Vice Prefident. The perfon voted for as Prefident, having the greatest number of votes, fhall be the Prefident, if fuch number be a majority of all the electors appointed; it no perfon have fuch majority, then from the five higheft on the Int of thofe voted for as Prefident, the Houfe of Reprefentatives fhall immediately choose by ballot one of them as Prefident. And in every cafe, the person voted for as Vice President, having the great. eft number of votes fhall be the Vice Pref ident; but if there thould be two or more who have equal votes, the Senate fhall choose one of them for Vice President.
This one good act of our prefent_ad. ministration, may be confidered as a kernel of wheat found amongst a bufhel of chaff.
September 24th, which fays-" A Spania
From the Philadelphia Gazette VERY IMPORTANT.
The fame day, a motion made by Mr. Randolph," that the members of the houfe, in teftimony of national gratitude towards the memory of that unaunted patriot, SAMUEL ADAMS, decealed, wear a crape around the left arm one month," was agreed to unanimously..
the Spanish minifter has remonftrated to our government against the United States taking poffeffion of Louisiana.
"The fituation of our market has expe. rienced very little change fince my laft, but the political fituation of this country is very much altered indeed. When I wrote vou laft war with England was expected every inftant; now we are given to underftand, we are on the belt terms with
Great Britain, and perhaps on the eve of This fudden hoflility with France. change in the politics of the cabinet of Madrid arifes from the conduct of Banaparte towards Spain in the fale of Louifia: na to the United States. It appears the ceffion of that province by Spain to France was under certain conditions, many of which have not been fulfilled, and others glaringly violated. A perfon of good information has affured me that remonftrances have been made to the First Conful upon this head, with a vigor and energy that was not to be expected from a government generally fuppofed fubfervient to the will of France. And fimilar reprefentations are to be made by our minifters in the United States to your government, as it is infifted, that by the non-fulfilment on the part of France of the conditions on which the was to have Louifiana, fhe has neither the right to poffefs it herself, nor to fell it to the United States. This revolution in the European affairs may produce the most important confequences. Conjecture is afloat about the deftination of the fmall fleet here, of fix feventy-fours and eight frigates; but the general opinion is that the Havanna will be its deftination, with the view of blockading the Miffiffippi, in cafe your government ratifies the treaty with Fiance. The militia of all this kingdom is in motion. It is fuppofed the king will make a general review at Valladolid. The nature of the other military preparations evidently fhews that they are directed again France. It is the general opinion that Great Britain will fecond the efforts of Spain for preventing Louifiana encreafing the already too extenfive territory of the United States, and that Spain in return has pledged herfeli for the defence of Portugal against France. Time will fhew what will be the refult of this. But depend upon it, that fome great events are brewing upon the continent of Europe.'
On the 20th ult, the Senate ratified the Treaty by, which France has ceded Louifi. ana to the United States; 24 votes in the affirmative, and 7 in the negative. We are forry to learn, that one federalist, Mr. Dayton, voted in the affirmative. The treaty, is as follows :
A letter was received on Saturday by a merchant in this city from his correfpond
A letter was received in town yesterday,
ent at New Orleans (per brig Patty) dated II by the fouthern mail, which mentions that
UNITED STATES OF AMERICA
The Prefident of the United States of America and the First Conful, in the name of the French people, defiring to remove all fource of misunderstanding relative to objects of difcuffion mentioned in the fe cond and fifth articles of the convention of the 8th Vendemaire, an 9, (30th Septem ber, 1800) relative to the rights claimed by the United States, in virtue of the tray concluded at Madrid the 27th of October, 1795, between his Catholic Majelly and the faid United States, and willing to ftrengthen the union and friendship which at the time of the faid convention was happily reeftablished between the two nations, have relpectively named their plenicntentaries, to wit, the Prefident of the United States, by and with the advice and confent of the Senate of the faid States, Robot R. Livington, minifter plenipotentiary of the United States, and James Monroe, mini!. ter plenipotentiary and envoy extraordina ry of the faid States, near the Government of the French Republic; and the Firt Conful, in the name of the French people, citizen Francis Barbe Marbois, minifterci the public treafury, who, after having ref pectively exchanged their full powers, have agreed to the following articles :—
Article I. WHEREAS, by article the third of the treaty concluded at St. Idelfonfo, the 8th Vendemaire an 9. (1ft Оãober, 1800) between the First Conful of the French Republic and his Catholic Majelly, it was agreed as follows:
"His Catholic Majefly promifes and engages on his part to cede to the "French Republic, fix months after the "full and entire execution of the condi "tions and ftipulations herein relative to "his Royal Highness the Duke of Parma, "the colony or Province of Louisiana, "with the fame extent that it now has in "the hands of Spain, and that it had when "France poffeffed it; and fuch as it "fhould be after the treaties fubfequently "entered into between Spain and other
And whereas, in puríuance of the treaty, and particularly of the third article, the French Republic has an inconteftible title to the domain and to the poffeffion of the faid territory. The Firft Conful of the French Republic defiring to give to the United States a ftrong proof of his friendfhip, doth hereby cede to the faid United States, in the name of the French Republic for ever and in full fovereignty, the faid territory, with all its rights and appurte nances, as fully and in the fame manner as they have been acquired by the French Republic in virtue of the abovementioned treaty, concluded with his Catholic Majef ty.
Article II. In the ceffion made by the preceeding article are included the adja. cent islands belonging to Louisiana, all public lots and fquares, vacant lands, and all public buildings, tortifications, barracks, and other edifices which are not private property. The archives, papers and documents, relative to the domain and fovereignty of Louifiana and its dependen. cies, will be left in the poffeffion of the commiffaries of the United States, and copies will be afterwards given in due form to the magiftrates and municipal officers, or fuch of the faid papers and documents as may be neceffary to them.
Article III. The inhabitants of the ceded territory fhall be incorporated in the union of the United States, and admitted as foon as poffible, according to the prin ciples of the federal conilitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and in the mean time they fhall be maintained and protected in the free enjoyment of their liberty, property and the religion which they profefs.
Article IV. There fhall be fent by the government of France a commillary to Louifiana, to the end that he do every act ne. ceffary, as well to receive from the offi cers of his Catholic Majefty the faid connand its dependencies, in the name of the French Republic, if it has not been already done, as to tranfmit it in the name of the French Republic to the commiffary
of the United States. Article V. Immediately after the ratifcation of the prefent treaty by the Prefident of the United States, and in cafe that of the First Conful's fhall have been previ oufly obtained, the Commiffary of the French Republic, fhall remit all military poits of New-Orleans, and other parts of the ceded territory, to the commiffary or commiffaries named by the Prefident to take poffeflion; the troops, whether of France or Spain, who may be there, fhall ceafe to occupy any military poft from the time of taking poffeffion, and thall be embarked as foon as poffible in courfe of
three months after the ratification of this treaty.
Article VI. The United States promife to execute fuch treaties and articles as may have been agreed between Spain and the tribes and nations of Indians, until, by mutual confent of the United States and the faid tribes or nations, other fuitable articles fhall have been agreed upon.
Article VII. As it is reciprocally ad. vantageous to the commerce of France and the United States to encourage the communication of both nations for a limited
time in the country ceded by the prefent treaty, until general arrangement relative to the commerce of both nations may be contra&ting parties, that the French fhips agreed on; it has been between the coming directly from France or any of her colonies, loaded only with the produce and manufactures of France or her faid colonies; and the fhips of Spain coming directly from Spain or any of her colonies, loaded only with the produce and manufactures of Spain or her colonies, fhall be admitted during the space of twelve years in the port of New-Orleans and in all other legal ports of entry within the ceded territory, in the fame manner as the thips of the United States coming directly from France or Spain, or any of their colonies, without being fubject to any other or greater duty on merchandize, or other or greater tonnage than that paid by the citi zens of the United States.
During the pace of time above mentioned, no other nation fhall have a right to the fame privileges in the ports of the ceded territory: the twelve mence three months after the exchange of years fhall com ratifications, if it fhall take place in France or three months after it fhall have been notified at Paris to the French govern ment, if it fall take place in the United States; it is however well underflood that the object of the above article is to faver the manufactures, commerce, freight and navigation of France and of Spain, fo far as relates to the importations that the any fort affecting the regulations that the French and Spanish thall make into the faid ports of the United States, without in United States may make concerning the exportation of the produce and merchan dize of the United States, or any right they may have to make fuch regulations.
Article VIII. In future and forever after the expiration of the twelve years, the fhips of France fhall be treated upon the footing of the most favored nations in the ports above mentioned.
figned this day by the refpective minifters, Article IX. The particular convention having for its object to provide for the payment of debts due to the citizens of the prior to the 30th of September, 1800, (8th United States by the French Republic,
ratified in good and due form, and the ratification fhall be exchanged in the space of Article X. The prefent treaty fhall be by the minifters plenipotentiary, and foonfix months after the date of the fignature er it poflible. plenipotentiaries have figned thefe articles the refpeftive declaring nevertheless that the prefent in the French and English languages;treaty was originally agreed to in the French language; and have thereunto affixed their feals.
IN FAITH WHEREOF,
in the eleventh year of the French ReDone at Paris, the tenth day of Floreal public, and the 30th of April, 1803. BARBE MARBOIS. ROB. R. LIVINGSTON, JAS. MONROE.
Two feparate conventions are added to the treaty, the First of which flipulates as follows:
francs, independent of a fum fixed by the 1. That the government of the United other convention for the payment of debts States pay to France, fixty millions of due by France to the U. S.
2. That for the payment of this fum, the U. S. fhall create a flock of 11,250,000 payable half yearly in London, Amfterdollars, bearing an intereft of fix per cent, dam and Paris, amounting by the half year to 337.500 dollars; the principal of the faid flock to be reimbursed at the treafury of the U. S. in annual payments of not less than 3,000,000, of dollars each; change of ratifications, and that the ftock of which the first payment fhall comfhall be transferred to France in 3 months mence 15 years after the date of the exby the U. S. after the exchange of ratifications, and alter Louisiana fhall be taken poffeffion of
3. That the dollar of the U. S. fhall be reckoned at five francs and one third. Ratifications to be exchanged in 6
months. properly underflood, must be publifhed at full length, is unavoidably poltponed unThe Second convention which, to be til next week.