Driginal Ellays. HUDSON, (NEW-YORK) TUESDAY, SEPTEMBER 13, 1803. Hither the products of your closet-labors bring, Enrich our columns, and instruct mankind. FOR THE BALANCE. No. V. A COMPARATIVE VIEW OF THE DISADVANTAGES AND BENEFITS, WHICH WOULD PROBA BLY ACCRUE TO THE UNITED STATES, FROM AN ENLARGEMENT OF THEIR TERRITORIAL LIMITS BY THE PURCHASE OF EITHER LOUISIANA OR THE FLORIDAS. THE * HE vaft region of Louisiana, were it freely given to the United States, on condition of their taking vigorous meafures for its Speedy jettlement, would, in refpect to the particular interests of the Eastern and Middle States, prove a baneful gift. It would check the growth of their population; it would drain away their men and their money; it would increase the scarcity of labourers; it would reduce the value of their real eftates; and, in almost every respect, it would injure their agricultural and manufacturing interefts at the fame time, it would tend to leffen, and finally almoft to deftroy their political weight in the general fcale. Mr. Livingston ufes the following conclufive and forcible reafoning on this fubjea with the French government. "If it be the free clafs that is to be muflered Whenever the Middle States are mentioned in these essays, the writer means only the States of New-York, New-Jersey, Delaware, and that part of Pennsylvania which lies East of the Alleghany ountains. by emigrations from France, it will be compofed of that clafs of the people, which not only could fupport themselves in France, but befides, increase the national riches by their induftry. For France is not overburdened by her population, and confequently every emigration will form a vacuum fomewhere, or abandon fome ufeful branch, which will no longer be carried on. The emigrant carries away with him a portion of the general good, in the mass of the productive labour of the mother country; he alfo carries away with him a portion of the capital, for he never goes with empty hands." This reafoning applies with more than treble force, in expofing the injurious and fatal confequences of large emigrations from the Eaftern and Middle States of the Union. Already have they felt the mifchiefs of fuch emigrations. Immenfe multitudes have already emigrated toward the waters of the Miffiffippi and the Ohio.Almo every man among thofe multitudes tock off money with him; and fome of then large fums. Their capitals are wanttheir productive induftry is wanted ftill ed at home; and the aggregate mafs of more. I am Labourers are fcarcer even than money; farming labour is now dearer than it was in times paft, when money was much plentier, and land-produce much higher. This has operated as a heavy dif couragement upon agriculture. credibly informed that, even in Connecticut, there are farms, which, this very year, lie entirely or almoft uncultivated for want of labourers: indeed it is a fact, that at the prefent rates of land-produce and of labour, the produce of a middling farm would but little more than pay for the work, which neceffity requires to be done upon it. This great and ferious evil would be much increafed by fettling Louifiana. It would open treh drains upon the inhabitants of the old States. The rage of emigration from the Eaft toward the Western waters had begun to fubfide; but attempts to fettle Louisiana would revive it and carry it to a greater extent than ever. Louifiana fold by government to companies of land-jobbers, would roufe to action fresh hofts of fpeculators. Every cunning and every feductive art would be used to allure men from home and to win their money. The exemption from taxes, the mildness of the climate, the cheapnefs and richness of the lands, together with other favourable circumftances, would be painted in glaring colours. That region would be reprefented as the garden of America, as poffeffing the charms of Eden: fuch exertions of cunning fpeculators, traverfing the whole country to fell their lands, could not fail of fucceeding. Enterprizing young men would emigrate to a country, that should promife them wealth on the caffest terms. Monied men would inveft a part of their capital in this new fund of fpeculation, or perhaps would go perfonally, carrying with them all their fortunes, and drawing after them num' ers of their dependants, neighbours and acquaintance. The fons of labour and toil, who get their living by the fweat of their faces, and are the most neceffry and uleiul members of fociety, would be allured away to the land that "flows with milk and honey," and that will pour its rich productions almost fpontaneously into the garners of its poffefTors. Thus there would be a drain of ces are fo plain, that it is needlefs to par- There is another important confidera- the monied, the enterprizing and the in- Nor would any of the States be more malice. In the courfe of his argument upon this point, he referred the jury to the The whole complection of the "Wafp.' counfel for the defendant objected to his reading from any other number of the "Walp" than that which contained the publication in question. The objection was over-ruled by Judge Lewis; and Mr. Spencer proceeded to read feveral publica. tions from other numbers of the "Wafp," in fome of which the name of Thomas Jel ferfon was neither mentioned or alluded to. Mr. Spencer argued very largely upon this point, and concluded, that from every view of the fubje&t, it was apparent that the publication was made with a malicious and feditious intent. It is impoffible for us to give even a sketch of Mr. Spencer's argument; and, to prevent miftakes, we hereby engage, it Mr. Spencer will furnith a copy of his argument, to give it to the public. and Middle States, which, as it might be CALCULATOR, Liberty of the Press. A CORRECT HISTORY OF next MR [CONCLUDED.] After Mr. Spencer had clofed, Judge Lewis proceeded to charge the jury-and the following is the amount of his CHARGE. He laid that it had been contended by the defendant's counfel, that, as it refpect. ed libels, it was the peculiar province of the jury to determine the law and the fact-to determine whether the defendant had been not. He faid, his opinion was direally the reverie. He faid, that in all criminal trials it was a general rule that the jury were judges of the law and the fact: But that i bels were an exception; and in trials for libels particularly, the jury were not judges of the law. That it was the province of the court to determine whether the defendant was guilty of publifhing a malicious libel. He then read to the jury the opinion of Lord Mansfield, in the cafe of the Dean of St. Alaph, and charged the jury that the doctrine there laid down, was the law of this flate. That it was not the right of the R. FOOTE, diftri& attorney, jury to enquire or determine the intent of loca up, and vociferated for the the defendant-whether he published it space of one hour. People wondered what with a criminal or innocent defign-wheth the man would be at. With difficulty, er the publication itfelf was libellous or however, we difcovered, he was fpeaking not. not. This they had no right to decide. at Mefs. Van Nefs and Van Vechten. He faid, the only quefiions for their conúd Mr. Spencer then began a reply of fome eration were, firft, Was the defendant the length. He commenced by compliment- publifher of the piece charged in the ind t ing the talents and ingenuity of the gentlement? and, fecondly, Are the inuendees man who had preceded him; but he de- true? And that, if they believed the declared that he thought Mr. Foot had taken fendant the publisher, and that the inuenthe bull by the horns and held him faft. does were true, whether the publication After he had thus, as we thought, flatter- was true or falfe-whether libellous or ined Mr. Foot at the expence of his own nocent--whether the intent was innocert under flanding, he proceeded to argue the or malicious-whether, in fhort, the dequellion; and, although we do not hefitate fendant was criminal or not, they were to fay, that we are diametrically oppofed to bound by their oaths and the law to prohim on the whole of this fubje&t, till juf-nounce him guilty. The intent of the tice demands the confeffion that he argued it with a good degree of candor, and with great ingenuity. He contended, that the publication had every indication of publifher, and whether the publication was libellous or not-whether the defendant was criminal or not, were queflions which, upon the return of the Poftea, were to be decided exclufively by the judges of the fupreme court; and that, therefore, it was not his duty to give an opinion to them on thefe points. And accordingly no opinion was given. Many other things were faid by Judge Lewis; but not material to be here detailed. He made many profef fions of impartiality; and faid that the judges always left party-fpirit at the footflool of the judgment-feat. The jury retired about fun-fetting--were out the whole night, and about 8 o'clock the next morning, came to the bar with a verdict of GUILTY. A: the laf Auguft term, the counfel for the defendant made application to the Supreme Court for a new trial-First, on the ground of mifdirection by the judge in his charge; and, fecond, on the ground that the truth may be given in evidence; and that, therefore, Judge Lewis fhould have poftponed the trial until the nex circuit. The queftion is to be decided in the term of November, at New-York. 86 On reading the above, we were not a little furprifed that an article of this kind fhould appear in the fhape it did-we were confident that no republican of Newark had been fo far loft to all fenfe of honor and juftice, as to have took fuch a meafure to tor ture the already galled confcience of the convicted Crofwell, one of the editors of the Balance. But while we fat ruminating on the fubj&t, in fteps the perfon whom the fapient editors of the Balance had accu fed of being the author, who difavowed the writing of it. on himself the fignature of " A Young Democrat," a person who has written a few communications for this paper, under that fignature." When the letter of the "Young Democrat" was published in the Balance, it was not expected that it would ever again be necessary to mention it. It was believed, that the malicious reptile who had been guilty of writing it, would forever close his lips on the subject-that, covered with shame, and stung with remorse, he would endeavor to hide his guilty head beneath the mantle of secrecy. But, no it seems he had rather bear the detestation of every honest man in the community, than endure the secret, though cutting reproaches of a guilty conscience. He has brought the affair before the public in such a way, that I cannot, I will not be silent. The whole transaction shall be probed to the very bottom; and if it ends in the shame and disgrace of the " Young Democrat," or the editor of the Centinel of Freedom, or both, they alone are blameable. An ordinary rascal would have been content with merely robbing us; but this New-Jersey democrat seems to have acquired a high degree of refinement in knavery. He has added insult to injury. A transaction, which might have passed off as a wanton trick, is now turned into a black, deep, premeditated act of villainy. This is harsh language-but the case requires it. It may be proper to state, that I have ample proof of the genuineness of the letter in question. It was opened before it was taken out of the post-office in this city, and the contents shewn to the post-mas. ter, who (though belonging to the party to which. I am opposed) had the candor to avow, in the most pointed terms, his utter detestation of such a transaction. He may not be singular in this; for it is presumed, that every honest democrat joins with him. Indeed, the editor of the Centinel himself, mean and uncandid as we have found him to be, is compelled to acknowledge that the person who could take "such a measure," must be lost to all sense of honor and justice," but he says, at the same time, that he is confident that no republi can [meaning democra:] of Newark had been so far lost," &c. He might have spared this remark, as well as the "disavowal" of the "Young De mocrat", himself, who so luckily stepped in;" for I have taken measures to put the afair out of dispute. I expect, in a short time, to be able to estab lish the fact, that the author of the infamous letter in question, is the identical fellow who disavowed the writing of it"-that very " Young Democrat," who has frequently written communications for the Centinel of Freedom. One cannot help smiling at the idea that his own disavowal is to be taken as proof of his innocence. It brings to mind a little tale-here it is : "A queftion then arofe in our minds, whether this was not, inftead of a democratic, a federal trick! The judicial record of the fate of N. York, fpeaks loud of Crofwell's invention of lies, and Parfon Samplon, we believe, is equally good at rati'ying them; then, if Clofwell and the Parfon, thinks that lying is no fin, it would be no great matter of wonder for these coeditors to forge a letter, ani publish it in or der to make on what they call a democratic trick!--We do not fay that this has been the cafe; nor hall we deny that fome federalift or other of this town, has not written the letter complained of, and taken up-mother," replied the thief. A fellow (perhaps a young democrat") had been caught in the very act of stealing. His doting old mother could not believe that her son " bad been so far lost to all sense of bonor and justice, as to buce took such a measure ;" and was determined to satisfy herself.- My son, said she, you didn't steal these things, did you "—" No-I swear I didn't, The editor of the Centinel and his correspondent. may make their own comments.-The base insinua. tions in the closing paragraph above quoted, are unworthy of remark. I shall notice but one plump falshood, viz :-" The judicial record of the state of New-York, speaks loud of Croswell's invention of lies," &c. The record speaks no such thing. The subscriber was convicted of republishing a charge which had previously appeared in more than fifty different newspapers. If, therefore, it had been false, it was not an invention" of his. But, to the confusion of the Jeffersonian sect, be it said, the judicial record of the state of New-York, speaks loud" that CROSWELL OFFERED TO PROVE THE CHARGE FOR WHICH HE WAS INDICTED, AND WAS NOT PER. MITTED. H. CROSWELL. The democratic editors, to prove that their headmen act no worse than the federalists, have declared, over and over again, that Frothingham, Carlton and Adams were indicted under the Con.mon Law, and were not permitted to give the truth in evidence on their trials. After these falshoods had been repeated a sufficient number of tinies to entitle them to notice, we contradicted them, and published a correct statement of Frothingham's case, which had, in a more particular manner, called forth the fibbing talents of cur neighbor "Mark Anthony."-Now the honey-making insect changes his ground. The old falshood is as much out of his head as a drawn tooth; and he wonders why the federalists complain of the common law He says it stands now as it did twenty years ago;" and asks, why the federalists, if it was faulty, did not correct it when they had the power? And does Helt ask this question seriously? Is it possible that he has already forgotten that the federalists did amend the common law, by enacting that the truth might be given in evidence? Has he forgotten that a truth hating editor, in New London, was indicted under that amended law of the federalists, for publishing malicious falshoods-that he could not give the truth in evidence, though permitted-and that he was consequently punished, by fine and imprisonment? If he has forgotten these things, he must, indeed, have a bad memory. Any epithets bestowed on either of the editors of the Balance by Charles Holt, will be taken for exactly what they are worth. The Albany Register is informed, that we call any paper prostituted, which dare not speak of men in power, except in the language of adulation—any paper, whose editor is the supple, cringing, pliant, humble, servile creature of a proud, aspiring, " upstart petty tyrant," or ferocicus demag gue. Certain democratic editors contend that our gov. crnment is a democracy, because it was adopted by the people. By the same rule, the present government of France is a democracy. It was adopted by the people-Bonaparte was chosen chief consul for life, by the people-and the pe ple gave kim the right of nominating his successor. Agricultural. FOR THE BALANCE. A RECENT EXPERIMENT ON PICKLING SEED-WHEAT. AMAN, in this ftate, in pre paring his feed-wheat for fowing, steeped one bufhel twelve hours in pickle, and then rolled it in plaifter, and fowed it through the middle of a field containing eleven or twelve acres; on each fide of this throughout the field, he fowed wheat that had been rolled in plaifter, but not pickled. Soon after the grain began to vegetate, he perceived a ftriking difference, and that, during the whole growth, the ftems of the pickled feed were much fuperior in thriftinels and luxuriance. After reaping, threshing and measuring the grain, and making a comparifon between the products of the pickled and unpickled feed, (which was done the prefent year,) the owner has affirmed it as his opini, that, if he had pickled the whole of the feed which was fown in that field, his crop would have been increased there. by not less than feventy or eighty bufhels. Monitorial Department. To aid the cause of virtue and religion. FOR THE BALANCE. A REMARKABLE CHINESE PREDICTION. BESIDE Among the fufferers on this fcore, the illuftrious Col. Hayne, ftands confpicuous. During the fiege of Charleston that gen. tleman ferved his country in a corps of militia horfe. After the capitulation, there being no American army in the ftate, and the profpect of one being both diftant and uncertain, no alternative was left but e ther to abandon his family and propery, or to furrender to the conquerors. This harddilemma, together with well founded information, that others in fimilar circum. ftances had been paroled to their planta. of the Meffiah. The famous Socrates, of! "How fublime are the ways of the rites and facred folemnities! But how firft give them the example? His coming Miscellany. [While the melancholy fate of Major Andre, has ACCOUNT OF THE DEATH AND CHARACTER O F to induce a conclufion that, inftead of waiting to be captured, it would be both more fafe and more honourable to come within the Britifh lines, and furrender himself a voluntary prifoner. Repons made of his fuperior abilities and influ ence, uniformly exerted in the American caufe, operated with the conquerors ta retufe him a parole, though they were in the habit of daily granting that indulgence aftonishment he was told," that he mut to others of the inhabitants. To his great either become a British fubject, or fubmit to close confinement." To be arrefted and detained in the capital, was to him felf not an intolerable evil: but to abandon both his family to the fmall-pox, a difeate then raging in the neighbourhood, and which in a fhort time after proved mortal to his wife and children, and to the infults and depredations of the royal ar my, was too much for a tender bufband and a fond parent. To acknowledge him. felf the fubje&t of a King whofe government he had from principle renounced, was repugnant to his feelings; but without this he was cut off from every profpe&t of a return to his family. In this embar raffing fituation he waited on the author of this hiftory, with a declaration to the fol lowing effect: "If the British would grant me the indulgence which we, in the day of our power, gave to their adherents, of removing my family and property, I would feek an afylum in the remoteft corner of the United States rather than fubmit to their government; but as they al low no other alternative than fubmiffion or confinement in the capital, at a diftance from my wife and family, at a time when they are in the most preffing need for my obtained repoffeffion of the country, the prefence and fupport, I muft for the prcfinhabitants after returning to their former ent yield to the demands of the conquer allegiance, refolutely puc all to rifk in fup- ors. 1 requel you to bear in mind, that, port of independarce. Though the Brit-previous to my taking this flep, I declare, if, in the career of their conquefts, had that it is contrary to my inclination, and inculca ed the neceflity and propriety of forced on me by hard neceffity. I never transferring allegiance from the vanquith-will bear arms against my country. My ed to the victor, yet they treated with the new mafters can require no fervice of me utmoft feverity thofe unfortunate men, but what is enjoined by the old militia law when in their power, who, having once of the province, which fubftitutes a fine accepted of Britifh proteƐlion, afted on in lieu of perfonal fervice. That I will thefe very principles in afterwards re-join-pay as the price of my protection. If my condu& fhould be cenfured by my coun COLONEL ISAAC HAYNE, FROM RAMSAY'S HISTORY OF THE REVOLUTION As S foon as the American army ESIDES the infpired prophets af Palette, feveral others, in diffrent ages and countries, have either really or feemingly predicted the coming of the Great Reftorer of human nature and teachor of mankind. The remarkable prophecy of Balaam, concerning a brilliant Star that fhould rife from the progeny of Jacob, is recorded in the facred volume. Virgil, the celebrated Roman poet, in fome of his admirable lines, feems to have been "rapt ipto future fcenes," and to have depicted, as by infpiration the coming and the reigning their victorious countrymen. trymen, I beg that you would remember this converfation, and bear witness for me, that I do not mean to defert the caufe of America." || ally refufed. Had he been confidered as The Royal Lieutenant Governor Bull, In this ftate of diftrefs Col. Hayne, fubfcribed to a declaration of his allegiance to the King of Great-Britain, but not without exprefsly objecting to the claufe which required him, with his arms to fupport the Royal government." The Commandant of the garrifon, Brigadier-General Patterson, and James Simpfon, Efq. Intendant of the British police, affured him,ally figned a petition in his behalf, in which that this would never be required, and added farther, that when the regular forces could not defend the country without the aid of its inhabitants, it would be high time for the Royal army to qui." was introduced every delicate fentiment After his fate was fixed, he was repeat on various fubjects with the fortitude of a Having fubmitted to their government, he readily obtained permiffion to return to his family. In violation of the fpecial condition under which he fubfcribed the declaration of his allegiance, he was repeatedly called on to take arms again!t his countrymen, and was finally threatened with clofe confinement in cafe of farther refufal.edly visited by his friends, and converfed This open breach of contract, together with the inability of the late conquerors to give him that protection which was as a compenfation for his allegiance, the Americans having regained that part of the state in which he refided, induced him to confider himfelf releafed from all engagements to the British Commanders. The inhabitants of his neighbourhood, who had also revolted, fubfcribed a petition to General Pickens, praying that Col. Hayne might be appointed to the command of the regiment. Having refumed his arms, and the tide of conquest being fairly turned in the fhort fpace of thirteen months after the furrender of Charleston, he was fent in the month of July, 1781, with a small party to reconnoure.-They penetrated within feven miles of the capi- Qo the morning of the fatal day, on reial-took General Williamfon prifoner,ceiving his fummons to proceed to the and retreated to the head quarters of the place of execution, he delivered fome pa. regiment. This was the fine Williampers to his ela fon, a youth of about thirfon, who, having been an alive and ufe- teen years of age Prefent," faid he, ful officer in the militia of South Caroli- "thefe papers to Mrs. Edwards, with my na, from the commencement of the war requeft that he would forward them to her to the furrender of Charleflon in May, brother in Congrefs. You will next re1780, hacame, foon after that event, a pair to the place of my execution-receive British fubject. Such was the anxiety of my body, and fee it decently interred athe British commandant to refcue General mong my forefathers." They took a final Williamson, that he ordered his whole leave. The Colonel's arms were pinioned, cavalry on this bufinefs. Col. Havne, and a guard placed around his perfon. unfortunately fell into their hands. Tho' The proceffion began from the Exchange, he had conducted himfelf peaceably while in the forençon of the fourth of Auguit, under the British government, and had in. 1781. The streets were crouded with jured no man, yet for having refumed his thoufands of anxious fpectators. He walkarms, for accepting Brith protection, heed to the place of execution with fuch dewas, when brought to Charlefton, confined in a loathfome provolt. At fitfl he was promifed a trial, and had counfel prepared to juftify his conduct by the laws of nations and ufages of war; but this was fin cent firmness, compofure and dignity, as When the city barrier was past, and the inftrument of his catastrophe appeared full in view, a faithful friend by his fide obferved to him, “that he hoped he would exhibit an example of the manner in which an American can die!" He anfwered with the utmoft tranquility, "I will endeavour to do fo." He afcended the cart with a firm ftep and ferene afpe&t. He enquired of the executioner, who was making an attempt to get up to pull the cap over his eyes, what he wanted? Upon being informed of his defign the Col. replied, "I will fave you that trouble," and pulled it over himself. He was afterwards afked whether he withed to fay any thing, to which he answered, "I will only take leave of my friends, and be ready." He then affectionately fhook hands with three gentlemen--recommended his children to their care-and gave the fignal to the cart to move. Thus fell, in the bloom of life, a brave officer, a worthy citizen, a juft and upright man, furnishing an example of heroifm in death that extorted a confeffion from his enemies," that though he did not die in a good caufe, he must at leaft have acted from a perfuafion of its being fo." Few men flood higher in the estimation of their countrymen than the illuftrious man whofe exit has been juft described. General Greene demanded from the Britifh commanders their realons for his execution. To which he received a written anfwer, figned by N. Balfour, acknowledging, that it took place by the joint order of Lord Rawdon and himfelt, but in confequence of the most express direction from Lord Cornwallis, to put to death thofe who fhould be found in arms, after being at their own requests received as fubjects fince the capitulation of Charlefton, and the clear conqueft of the province in the fummer of 1730." The regular officers of the continental army prefented a pe..on to General Greene, sequeling that he would retaliate for the execution of Col. Hayne. By this they voluntarialy fubjc&ed themfelves to all the confequences to which, in cafe of capture, they would be expofcd. General Gieere loon after iffued a proctamation, threatening to make British offi cers the object of retaliation. This er Couraged the revolted inhabitants to continue in arms, and effaced every impreffion that was expe&ted from the fate of Col. Havne. The Britifh intereft gained no permanent advantage, while pity and reverge harpered the fwords of the countrymen and fiends of the much loved fufferer. Had this exccution taken place four or five months fooner, the policy of the meafure, as tending to prevent a revolt, |