Agricultural. FROM THE TROY GAZETTE. THE ANJOU CABBAGE. THE not lishness in your conduct, when he comes || home? Do you now discover the fame pleasure in being with your husband as at firft? Sorry am I to fay, too many of our fex give but too juft caufe for complaint. The married state is what I am an utter ftranger to; and fuch an unfavory proof of it I can never hope to find. But as a day not far remote from this, may ufher me into matrimonial bonds, I will, as far as in my power, point out a path, which if you follow, a man must be wholly lost, at laft to turn to the right road. Beware of discovering the leaft fymptoms of that green-eyed monster, jealoufy; be always HE culture of a very useful ready, with a smile, to meet your husband vegetable, till very lately unknown in Eng- when he comes home, let it be ever fo late land, has been recently brought to perat night; appear joyful at his return; never complain of his abfence, but rejoice at fection, near Briftol. It appears richly to merit the attention of our farmers. This his prefence; convince him by ten thoufand affiduities that he is all the world to is the Anjou Cabbage, perhaps the most uleful and profitable of all plants of that you. Too many ladies are apt to form a fpecies, which can be raised. The feed different method; and can it be poffible was fupplied by a French emigrant. It is that a man can come to his wife with pleaffo tender that it is dreffed in three or four ure, to frowns and reproaches? No! Put the cafe to ourselves; we should not, had minutes boiling. It affords excellent food for cattle, and they feed upon it very we thofe advantages men have. That is a greedily; it occafions cows to yield abund-point to be confidered; for if home is difpoint to be confidered; for if home is difance of milk, and at the fame time keeps pleafing, the bottle is always ready to rethem in flesh. In bulk, rapidity of growth, ceive them. Should your husband difand for the little culture it requires, it excover an inclination to take you out with ceeds all other of the Braffica fpecies.-him, by all means go; it will show your The ftalk acquires the thicknefs of a man's leg, and is used when dry for fuel. Moniterial Department. To aid the cause of virtue and religion. FOR THE BALANCE. ADVICE TO MARRIED LADIES. HAVING AVING feen of late much advice and admonition to young ladies and gentlemen, in news-papers, and conscious as I am, that we do not merit more cenfure than thofe that are married, take the liberty to advise and admonish you a lit tle (though in a friendly manner.) How often do I hear you complain of the inconftancy of your hufbands; the indifferent affection they appear to have for you; that they fpend their evenings abroad at the tavern, or billiard table, or fome other place equally difhonourable. Are you certain, in your own heart, that you have given your husband no reafon for all this? Is your behaviour equally tender with that of your firft and fecond years union? Does not your husband discover ill-nature in your countenance and chur defire to please him; it will regain his wandering heart, which has only roved; if he has behaved well for a number of years, there is no doubt of his having a fincere attachment for you; I am almoft affured, if you follow my advice, you will make your company and home so pleasant, that if he has taken any improper steps, or even formed any improper connections, he will fling it from him as a cloak which is troublesome in hot weather. In the year 1776, a thousand houses were confumed by fire in New-York. Three hundred houses were burnt there in the year 1778. A few years before the middle of the last century, Charleston, in South Carolina, w as half laid in afhes. In the year 1778, it had two hundred and fifty dwelling houfes, befides out houfes burnt; to the fuppofed amount of four hundred and forty four thousand dollars. It was only a few years ago, that the greater part of Savannah, in Georgia, was burnt te afhes. The fucceffive terrible fires in Albany are fresh in people's memories. The lofs fuftained by the late conflagration at Portsmouth, New-Hampshire, whereby a large proportion of that flourishing town was laid in ruins, has been estimated to be five hundred thousand dollars. Paffing over a multitude of other inftances less extenfive and calamitious, these which have been mentioned are enough, one would think, to awaken the public attention to this fubject. During the fhort time of one generation, millions-worth of property has been deftroyed in this country; the moft diftreffing fcenes have been witnessed and felt; and thousands of families have been reduced from ease and affluence, and thrown into poverty ;-through the abfurd practice of inviting conflagrations, by building towns with wood. It is to be confidered that, in addition to the ordinary chances of fire, which, in a wood-built town, are fufficiently alarming and fearful, there are (God only knows how many) incendiaries difperfed over our country; and it is impoffible always to guard the tinder of wood-houfes from the torches of those infernal monsters. B. A MINIATURE OF WASHINGTON, FROM THE PEN OF DR. LINN. "THOUGH naturally referved, yet he was not haughty. Though those who approached him felt his fuperiority, yet he did not affume. He blended dignity and condefcention. The greateft and the fmalleft objects received from him due attention. He never betrayed any fymptoms of vain glory. When he was once asked, whether he had ever faid, as was reported, "that he knew no mufic fo fweet as the whistling of bullets," he answered. "If I faid fo, it was when I was young." Learning to estimate juftly all human glory. and matured by experience; accustomed to lofty conceptions, and moving always in the important fpheres of life; impreffed with a fenfe that he derived all from God, and that all fhould be devoted to his fervice; his deportment was noble, equally removed from the fupercilious and the vain. Some men have been great at one knowledge of the forms of bufinefs will Mr. Morris. I rife, Mr. President, as chairman of the committee whofe report you have just had the goodness to read, for the purpose of explaining their reasons. If this were a common or an ordinary occafion, if no heats had been excited, if there were no unpleasant, no tormenting recollections, a measure fo plain, so easy, fo fimple, would require neither argument nor perfuafion. It would be adopted for its own interior evidence, and from the general fenfe of propriety. Unhappily, Sir, this is not the cafe. Serious differences of opinion haye exifted, and ftill exift on the fubject with which it is connected. From these have arisen difputes, divifions, bickerings. There is not, I fear, in the minds of men, that calm impartiality which is needful to fair inveftigation. There remains much of prejudice, irritability. and ftructure of its members, render it in. capable of fuftaining a greater weight of power. The other houfe, indeed, immediate reprefentatives of the people, may do much. Borne on the heady torrent of popular opinion, they may, and they will ufurp all power. This will be the first step towards military defpotifm. But the fenate can have no fuch madnefs. If we can perferve what the conftitution has entrusted to our care, it is as much as can reasonably be expected. Nor can we preserve it but by our integrity, and by that relpect which justice infpires; for" Our cloud of dignity is held from falling by the weakest wind." The fecond propofition of your committee is indeed a corollary from the firft. They confider this question as cog- We have heard, from those who are more in the confidence of our cabinet than we are, for we have no fuch pretenfions, that there is reafon to believe that this country is on the eve of war. I hope not. I hope we shall not be vifited by fo great a calamity. But if this be our doom, let us pre-nizable by the judiciary alone. It is gone pare to meet it like men, with boldnefs, with unanimity. Let us banish, let us deftroy every circumftance that can excite or keep alive a fpirit of party. Let the proudest foe be informed that he will find us firm. Let us march hand in hand, like a band of brothers, in the plain road of duty, and whether it lead to victory or death we know it is the path to glory. Mr. Prefident, your committee have no we know that as citizens we are bound to Gentlemen will perceive, that the quef. tion which the memorialifts have fubmitted to our investigaton is, whether the law of last feffion has deprived them of their of. fice of judge-Your committee confider this question as not being cognizable by the fenate. It is not for the fenate, nor Before I proceed to an explanation, the reprefentatives, nor both combined to therefore, I find myself reduced to the pain-interpret their own acts. We are a part ful neceffity of praying gentlemen to perform a great duty to this Senate, to themfelves. I muft entreat them to hear with patience, coolly to confider, and then decide according to the dictates of reason and juftice. Your committee have purfued the courfe which appeared to be proper, not only in itfelf but according to the exiftent circumftances.-Gentlemen will eafily fee that they might have made an elaborate report, containing a long detail of reafons to eftablish a favourite conclufion. And a flight of the legislature. A part of the executive from us forever; and is, from the nature of things, before the judiciary, in common with all other laws. To agitate it again can produce no benefit, can tend to no useful object, can accomplish no defirable end. Our opinion, whether to affirm or to deny, can be of no avail. The other houfe, indeed, have given an opinion favourable to the claim. This may appear a ftrange affertion to gentlemen who have amufed themselves with reading in newfpapers what are said to be the fpeeches of the members; But it is not from fuch fources that we are to derive the opinions of a legislative body, nor do they reft on fuch frail authority. By recurring to the journals of the houfe, I find, that on the they took up a refolution reported by the committee of the whole, purporting that the memorialists, "late judges of the circuit courts," have leave to withdraw their petition: And on this it was moved to ftrike out the words day of "late judges," &c. which motion was carried by a small majority. Now then, I fay, that if not directly, yet by clear implication, by ftrong and neceffary interence, the house have declared, that the fe gentlemen. are ftill judges. That they were judges is a tact unquestionable and of public notoriety. To fay, then, that they are not late judges is to fay that they ftill hold their office, that they are now judges. Such, then, is the opinion of the house. And they, in the plenitude of their power, may venture to exprefs that opinion. But we may not. It does not become us to prejudge. It is neither wife to commit our authority, nor just to influence the tribunals of our country. Your committee, Sir, have ventured to exprefs their belief, that the question fhould be fpeedily fettled. It learnt in early youth, from the volumes of profeffional fcience, that it is expedient for the commonwealth, that a speedy end fhould be put to litigation. And if it be important that litigation should ceale between man and man, how much : And to do this they muft prove two things: Now, fir, it may be well to confider the that they were loft to a fenfe of duty, can it be believed, that a few feeble judges will dare oppofe themfelves to the power of the legislature! Having thus flated, in as few words as I could, the confequences of adopting the propofed refolution, I will now take the liberty to inquire the probabic refult of rejecting it. I take it for granted, that thefe gentlemen, who have afked a judicial decifion, will not difclaim, and that whatever jubgment may I pray gentlemen, moft fincerely, to be given in the firft inftance, the cause will confider the neceflary confequence. Will It be brought up to the fupreme court. I it not be faid, that we are afraid to meet the judgment, in the laft refort fhould be this feeble band upon the ground of free (as it probably would be) against the claim, inquiry ?-That we are afraid to contend all complaint will be quieted, and all oppo- with the weapons of reafon and argument? fition will ceafe. Some then, indeed might-Will you not be ftrongly queflioned? triumph. For my own part, I fhould find in it great confolation-the confolation of knowing that, however wrong may have been my own opinions, the fupreme legiflature of my country have done right. The pride of opinion might, indeed, be wounded; but God forbid, that from motives of pride, or from any other motive, I fhould hear, without deep concern, that the legiflature of my country have violated that facred charter from which they derive their authority. Is it wife to embark in great national enterprizes, on the wild ocean of war, with a divided people? Can you hope for faccefs while difcontent fits brooding in the heart of your country? Thefe judges, indeed, are not numerous; but they do not find alone. They have relatives, friends, But fuppofe an opinion different, conadherents from blood, affection, principle.trarient, or the very reverfe (for that allo Why will you wound a clafs of citizens numerous and refpe&table? Can you, while they are aggrieved, injured, infulted, expect their cordial aid, fupport and affittance? But to this it may be faid, that thele jags are but a feeble band; we can cruth them and their oppofition. We have the pow er. Yes, we have gigantic power; but fhall we therefore ufe it with the leioclous cruelty of a giant ? We can cruth them. Yes, with the vaft weight of Jegiflative force we can crush thein. is it honourable, is it magnanimous, does it become the brave? Will it give the peopie a confidence in their rulers? Will it give them a confidence in themfelves, who have chofen fuch rulers? If by a exercise of our power we could even prevent an investigation of our conduct, what would be the impreffion on the public. mind? Sufpicion and difcoutent, deep and dan As thus-Are you confident that the judges are wrong that their claim is unfounded? -Hear them-refute them.-Are you convinced, or do you only fear they are right?-reject their request, and with the tyrant affign as a reafon your fovereign will. Such must be the conclufion. From this dilemma it is not poffible for you to escape. If you are right you will court inquiry, and fhun it if you are wrong. it. But what is fill worfe, you cannot fhun Thefe Memorialists can he beard, whether you will or no.-Spite of your reluctance they can bring on an invetiga is poflible)-Will the judges rudely declare Sir, I will detain you but a few minutes Jonger. It appears to me effential to the dignity of the Senate, that you adopt this refolution. It is more noble to meet than to avoid legal invefligation; and it is not a novel prac tice. There was a time when the American legislature fubmitted their acts to judicial decifion. At that time WASHINGTON They will refpe&t you fo prefided-Will it be faid the administralong as they preferve a due refpect for long as they preferve a due refpect for tion was then too humble? He, indeed, themfelves. They will declare, that is was modeft and unaffuming; but he had affigning duties to one officer, and taking an inborn dignity of foul which taught them from another, you have to confult him, intuitively, to avoid vile fhame and only your own convictions of what the in-offenfive pride. He, alas! is gonetereft or convenience of the people mayYes, he is gone--and, Oh Heaven! require. They will modeftly conclude, viperous flander pursues him to the filent that you did not mean to abolish the offices tomb, and preys upon his afhes.Parwhich the conftitution had forbidden you don me,The name of Washington has to abolish and therefore, finding that it excitedrecollections which fill my breat was not your intention to abolith, they will with anguifh-Well, let him be declare that the offices ftill exift. forgotten. But let us not forget what is due to ourselves, to our country, to pofterity: that pofterity to whofe judgment we commit our fame, the jewel moft dear to honcurable minds. The attorney-general, or, as he is denominated in French idiom, the public accufer, will inftitute before the proper tribunal, an inquiry by what authority thele men claim to hold and exercife the office of judge. It will then be incumbent upon Such, fir, would be the language of them, either to difclaim the office, and your fupreme judiciary, from the high then there is an end of the queftion: or fenfe they entertain of their duty.-Aad, else (claiming it) to establish their right.it it were decent to fuggeft in this fenate, 1 [As a foil, to set off the brilliancy of Mr. Morris's eloquence, we subjoin the Speech of Mr. Cocke, on the same question. They were both taken by one of the editors of the Gazette of the United States, than whom no reporter is more correct. Edit. Bal.] Mr. Cocke. I rife, Mr. Prefident, to follow the gentleman from New-York and not to bring forward any argument of my own upon this fubject that is now before you. I fhall endeavour to follow him flep by ftep, and anfwer all the obfervations that he has made. I fhall not attempt to imitate his eloquence, and could not do it if I fhould try. He has talked about that great man, general Washington, and faid a great many fine things about him which I cannot repeat. I hope I refpect that man as much as the gentleman from NewYork, but I shall endeavour to lay afide the, feelings that I might otherwife have and keep to the point before the houfe, and leave him in his grave without disturbing of him. It has nothing to do with the queftion under confideration now. The gentleman has wandered over a great many fubjects, and he tells us in one breath if we do not adopt this refolution we fhall be fkulking in fome places, lurking holds I believe he faid; and in another breath that we shall be dragged before the almighty judges of the nation. he would do away all oppofition and party Sir, my mind has no accordancy with We are alfo alarmed with a picuration that the other boufe are going to affume all the power, unless we let the judges come in and keep them back. Sir, I am not afraid Se, this honourable fenate is an integral part of the executive, of which the pre-et the other house affuming the power. - dent is the head. How then can an interior and fubordinate part direct the conduct of the fuperior part? It is clear therefore that we have no right as a part of the executive, to order or requeft the prefident to do this. Have we the right then as a part of the legislature? Can the legislature affume upon itself the right of directing the executive? What is it that is intended by this refolution? It is, Mr. Prefident, that the legislature fhall interfere with the executive, and direct the prefident to interfere with the judiciary, for the purpose of getting pay for thefe omnipotent judges. Sir, thefe judges muft depend on the legiflative will for their continuance in office, because the legiflature can make. laws and repeal them when they pleafe, and when a law is repealed and there is nothing for the judges to do and no office for them to hold they cannot exercife power or receive pay, and this is according to the conftitution. How then can thus fenate, by adopting the refolution aid in procuring pay for thefe judges, when they have nothing to do?-Judges they are called-they are not judges-l'fpofe they have been judges. The gentleman tells us we are going to be engaged in a war-bloody I fuppofe Yes, no doubt very bloody. And before we get into this dreadful fituation Does the gentleman recollect that they Sir, we have heard a great deal about cominon law, and about informations. I wish to know where we are to flop it we begin to authorife our courts to procced by information. Are there not other kinds of information known to this common law, befides information in the nature of a quo warranto? If we adopt one from the common law may not the courts affume moie. Has the gentleman never heard of perfons being feized and put to death upon information? I wifh to know where we are to ftop; and whether we are to follow this common law till it leads us to thofe ermined and royal robes which the gentleman has fo finely defcribed to us. Sir, I believe that we have power without common law or informations to decide upon this petition as well as upon other petitions that are brought before us. The very petitioning of us-what does that import? Does it not import that we have the power and the right of deciding upon the petition? If the judges did not think that we had the power and the right what did they petition us for? I conclude then that we have the power and the right to grant or deny their requeft, and I am therefore free to lay that it is inexpedient to pay them for rendering no fervices. Be it our weekly task, To note the passing tidings of the times. Dudson, March 8, 1803. On Thursday, the 3d inft. the laft feffion of the feventh Congrefs clofed. Thomas Thompfon, Efq. a federalift, has been removed from the Poft-Office at Salisbury, N. H. and Mofes Eaftman, One fentiment of the gentleman I high-Efq. a democrat, appointed in his place. ly accord with; and that is what the gentleman fays that force tends to opposition. I believe this is true. The force exercifed or attempted to be exercifed by Richard Baffet has highly excited my oppofition to this ref'ution. They have attempted to compafs by force or fraud, I think it is force and fraud both together, the payment of their falaries, and the exercife of powers which have been taken from them and given to others. Mr. Prefident, I fhall now make only a fmall remark on the refolution itself, and fit down. The committee fay in their report that the fenate cannot decide upon the petition, but the judges muft decide it. For this purpofe we must go to the common law. At Philadelphia, on the 15th inst. after a tedious and painful sickness very much lamented by his friends and acquaintance, Mr. LEWIS M. THURSTON, of the house of Proud & Thurston, merchants at Baltimore, and son of Mr. John Thurston, mer chant, of New York, aged 25 years. His funeral was respectably attended on the afternoon of the 17th inst. from the house of Mr. John Reynell Coats, and deposited in the Friends' Burial Ground of that city 1 ceale between man and man, how much more important that a litigated point of public right, which interefts and agitates the whole community, fhould be laid at reft? And if this be important in the gener al courfe of things, is it not, under prefent circumdances, indifpenfable? And how is it to be effected ?-By an exertion of legiflative might ?-By force ?-Remember-Force will excite refiftance. Such is the nature of the human heart. Free citizens revolt with difdain at the exercise of force. But judgment commands their prompt, their willing obedience. When the law is known, when it is declared by the proper tribunals, all will bow to its authority. You may then expect a full, and quiet, and general fubmiflion. But while it is litigated and uncertain what the law is, differences will exift, and difcord will prevail. Is it wife to embark in great national enterprizes, on the wild ocean of war, with a divided people? Can you hope for fuccels while difcontent fits brooding in the heart of your country? Thefe judges, indeed, are not numerous; but they do not ftond alone. They have relatives, friends, adherents from blood, affection, principle. Why will you wound a clafs of citizens numerous and refpeftable? Can you, while they are aggrieved, injured, infulted, expect their cor lil aid, fupport and affistance ? But to this it may be said, thotabele jadges are but a feeble band; we can cruth them and their oppofition. We have the power. Yes, we have gigantic power; but fhall we therefore ufe it with the feiocoas cruelty of a giant ? We can crufh them. Yes, with the vast weight of legiflative force we can crush them. But is it honourable, is it magnanimous, does it become the brave? Will it give the peopie a confidence in their rulers? Will it give them a confidence in themfelves, who have chofen fuch rulers? If by a exercise of our power we could even prevent an investigation of our conduct, what would be the impreffion on the public. mind? Sufpicion and difcontent, deep and dan And to do this they must prove two things: First, that the office exifts and fecondly, that of right it belongs to them. Failing of either, their claim is gone. Now, fir, it may be well to confider the decifions which may be made and their probable effect. that they were loft to a fenfe of duty, can it be believed, that a few feeble judges will dare oppofe themfelves to the power of the gillature! Having thus flated, in as few words as I could, the confequences of adopting the propofed refolution, I will now take the I take it for granted, that thefe gentlemen,liberty to inquire the probable refult of who have afked a judicial decifion, will not reje&ing it. difclaim, and that whatever jubgment may I pray gentlemen, moft fincerely, to be given in the firft inftance, the caufe will confider the neceflary confequence. Will be brought up to the fupreme court. It it not be faid, that we are afraid to meet the judgment, in the laft refort should be this feeble band upon the ground of free (as it probably would be) against the claim, inquiry?--That we are afraid to contend all complaint will be quieted, and all oppofition will ceafe. Some then, indeed might-Will you not be ftrongly queftioned? with the weapons of reafon and argument? triumph. For my own part, I fhould find in it great confolation-the confolation of knowing that, however wrong may have been my own opinions, the fupreme legiflature of my country have done right. The pride of opinion might, indeed, be wounded; but God forbid, that from motives of pride, or from any other motive, I fhould hear, without deep concern, that the legislature of my country have violated that facred charter from which they derive their authority. As thus-Are you confident that the judges are wrong that their claim is unfounded? -Hear them-refute them.-Are you right?-reject their requeft, and with the convinced, or do you only fear they are tyrant affign as a reafon your fovereign will. Such must be the conclufion. From this dilemma it is not poffible for you to escape. If you are right you will court inquiry, and than it if you are wrong. But what is fill worfe, you cannot fhun it. Thefe Memorialifts can he heard, whether you will or no.-Spite of your reluctance they can bring on an invetiga heaps of your privileges and powers; but you will be traced to your lurking place, and the frong arm of juice will drag you forth to the day. Yes, thofe feeble judges can bring on the inquiry, in the very face of your power-will or not will-confent or not confent-fubmit or not submitthe inveftigation which they afk can take place. Is it not better to meet them freely? to come boldly forward like men? Sir, I will detain you but a few minutes Jonger. But fuppofe an opinion different, contrarient, or the very reverfe (for that also is poflible)-Will the judges rudely declare that you have violated the conftitution,tion. You may hide your felt beneath the unmindial of your duty, and regardlefs of your cath? No-With that decency which becomes the judicial character, that decency which upholds national dignity and impreffes obedience on the public will, that decency, the handmaid of the graces, which more adorns a magiftrate than royal robes, with that decency which to peculiarly befits their flate and condition, they will declare what the legislature meant. They will never prefume to believe, much lefs to declare, that you meant to violate the conftitution. There will be It appears to me effential to the dignity no dangerous and hateful clashing of public of the Senate, that you adopt this refolution. authorities. They will never question the It is more noble to meet than to avoid legal exercife of that high difcretion with which inveftigation; and it is not a novel pracyou are invefted. They will not deny ice. There was a time when the American your full fupremacy. They will not ex- legiflature fubmitted their acts to judicial amine into your motives, nor align im. decifion. At that time WASHINGTON proper views. They will refpect you fo prefided-Will it be faid the adminiftralong as they preferve a due refpe&t for tion was then too humble? He, indeed, themfelves. They will declare, that is was modeft and unaffuming; but he had affigning duties to one officer, and taking an inborn dignity of foul which taught them from another, you have to confult him, intuitively, to avoid vile fhame and only your own convictions of what the in-offenfive pride. He, alas! is gonetereft or convenience of the people may require. They will modeftly conclude, thit you did not mean to abolish the offices which the conftitution had forbidden you to abolish; and therefore, finding that it was not your intention to abolith, they will declare that the offices ftill exift. Such, fir, would be the language of your fupreme judiciary, from the high fenfe they entertain of their duty.-And, if it were decent to fuggeft in this fenate, Yes, he is gone--and, Oh Heaven! viperous flander purfues him to the filent tomb, and preys upon his afhes.-Pardon me,The name of Wafhington has excitedrecollections which fill my breaft with anguish-Well, let him be forgotten. But let us not forget what is due to ourselves, to our country, to pofterity that pofterity to whofe judgment we commit our fame, the jewel moft dear to honcurable minds. |