Political.

THE MESSAGE.

FROM THE N. Y. EVENING POST.

REMARKS ON THE PRESIDENT'S MESSAGE.

NUMBER 6.

[CONCLUDED.]

A fmall fquadron was fitted out at Rochelle in 1684 on board of which La Salle embarked, for the purpofe of finding the mouth of the Miffiffippi by the way of the Gulf of Mexico.-Deceived by the force and direction of the currents, they paffed the Miffiffippi, and went about 100 leagues farther weft, where they landed and built a fort on the river St. Bernard. After various adventures and fuffering numerous misfortunes, aggravated by difputes among the party, La Salle and his nephew, were bafely murdered by three of their treacherous companions.

In 1698 the attention of France was again directed to Louifiana. Count de Pontechartrain then minifter of the Marine, fent two veffels of war under the command of the Marquis de Chateau Morand and M. Iberville to that country. They arrived on the coaft of Florida in January 1699. Iberville landed on the Ifle de Dauphin in the bay of Biloxi, between the Mobile and Miffiffippi rivers. He then proceeded to the Miffiffippi & failed up the river a confiderable diftance, when he received a letter by the hands of an Indian Chief, written by Chevalier de Tonti to La Salle.The truth of the difcovery of the river being thus, to his great joy, confirmed, he returned to the bay of Biloxi, where he learned than an English Corvette had been at the mouth of the river, and on being ordered away, threatened to return with a greater force. This information determined him to fecure the poffeffion of La Salle-He therefore erected a small fort on the bank of the river, in which he put four pieces of cannon.--He was here agreeably furprized by the arrival of De Tonti himfelf with about 20 Canadians, who had before fettled among the Illinois.-After , finishing the fort, he afcended the river as far as the Natches, where he defigned to lay the foundation of the new city by the name of Rofalia, in honor of the Countess of Pontechartrain.

In 1710, the fettlement on the Ifle de Dauphin, was plundered and burnt by an English cruifer. The fame year, Louis 16th, by letters pateat granted the exclufive commerce of Louifiana to M. Crozat for 10 years, and the property of all the mines and minerals he might difcover. Crozat inflituted a new goverment for the.

colony, but met with fo many difficulties and difappointments, that in 1717, he furrendered his charter to the king.

At this time, the well known Mifliffippi scheme was projected by the celebrated LAW, and a company was formed, under his direction to carry it into execution. Towards the end of the fame year the foundation of the city of New. Orleans was laid. It is remarkable what romantic hopes this charming country, in every ftage of its hiftory, has enkindled from its Fountain of youth, fo eagerly fought by De Leon, to the fairy profpects of Law, and the more recent, but it is hoped more fubftantial schemes of the Georgia adventurers of our own day.

The country tying eaft of the river, and now comprehended under the description of the Miffiffippi Territory, is, perhaps, in regard to foil, climate and productions, the moft delightful spot in America. And is it not a fubject of inexpreffible regret, that these natural advantages thould be rendered

New-Orleans and the ifland on which it is built, which, with that part of the Louifiana lying weft of the Miffiffippi, fshe gave up to Spain.

By the treaty of 1783, the Floridas came again into the poffeffion of Spain.

In 1795 the ftipulated with us for a participation of the benefits of the Mississippi; how faithful fhe has been in the obfervance we shall examine hereafter.

FOR THE BALANCE.

"Nothing extenuate, nor set down aught in malice."

AN ACCURATE STATEMENT OF FACTS,

CONCERNING

Mr. ATTORNEY-GENERAL SPENCER's LATE ATTACK

ON THE

who happens to have a fmall colony fituated at the mouth of the river?

The country poffeffed and claimed by France under the name of Louisiana, was bounded on the fouth by the Gulf of Mexico, on the north by Canada, and on the eaft and weft" indefinitely," comprehending a greater extent than that of the United States. The activity, wisdom and addrefs with which that nation has invariably purfued her magnificent schemes of colonization in North America, we well know. In 1752, fhe had nearly completed a chain of forts from New-Orleans to Quebec, by which the English colonies were hemmed in and would have been confined to the country on this fide of the Allegany Mountains.

Thefe wife and gigantic projects were defeated by Great Britain in the war of 1756. The Houfe of Bourbon was humbied before the mighty genius of a PITT, unquestionably the ableft war-minifter, if not the greatest statesman, that England ever faw. His great and comprehenfive mind embraced the whole extent and magnitude of the Empire, penetrated the artful schemes of the Empire, penetrated the artful schemes of the Court, and feized every occafion to cramp a cunning and dangerous enemy. He defpifed the feeble counfels and fhortfighted views of felfifh and fhallow politicians, who facrifice the folid intereft and honour of the State, to the ephemeral advantages of a deceitful peace, or to whatever may in the least endanger their darling popularity.

To return By the treaty of Paris in 1763, between Great Britain, France and Spain all the poffeffions in Canada, and that part of Louifiana, lying east of the Miffiffippi and including the Floridas, were ceded to Great Britain. France referved

IN THIS COUNTY.

Written by a gentleman who was at court during the whole transaction, and who pledges himself that the detail is substantially correet.

[It is not pretended that the arguments are given verbatim; but care has been taken to preserve "the ideas which were advanced on both sides.}

ON

N the 11th day of January, 1803, HARRY CROSWELL, the junior editor of the Balance, was taken by an officer on a bench warrant, and carried before the Court of Seffions of Columbia County, then fitting in Claverack. Two indiétments were there read to him. One of the indictments, with the ufual epithets and inuendoes, charged M. CROSWELL with having publifhed a paper called the

66

Wafp," in which "JEFFERSON" was charged with having "paid CALLENDER for calling WASHINGTON a traitor, a robber, and a perjurer; for calling ADAMS a hoary headed incendiary; and for libelling almoft all the worth and virtue in the coun try." The fecond indictment stated in effect that HARRY CROSWELL had, in the fame paper, publifhed a piece entitled "a tew fqually facts," which contained the following charges :

1. He [Jefferson] ordered money to be paid out of the treasury to repair the Berceau, contrary to the clause in the constitution which gives the sole power

of appropriating money to Congress.

2d. He has displaced the honest patriots of this country and appointed to succeed them foreigners and flatterers, who have always shewn themselves hostile to it; one of whom was prime agent, in raising an insurrection to oppose the constituted authorities.

* Albert Gallatin, Secretary of the Treasury.

3d. He planned and directed the attack on the constitution last winter, by which the independence of the judiciary was destroyed and our constitution marred and mangled,

4th. He has remitted a fine to a criminal, † after the fine was collected, against the express provision of the constitution.

5th He released Duane from a prosecution, instituted for a libel on the Senate, without the least authority from the constitution, or any law-only, be cause Duane had contributed his share to lie him into office. It would be an endless task to enumerate the many acts, in direct hostility to common sense and the constitution, of which this "man of the people" has been guilty-These are facts, and I now ask his friends and foeg-every American-do you not blush for your country and your President?-Do you not in all this plainly perceive the little arts, of a very little mind.

Any obfervations upon the truth or falfhood of the charges here made, would be improper. They are to be tried hereafter. And, in the language of one of the counfel, "I thank my God, that those trials must be by a jury of the country-by men drawn from the community-the creatures of no party—refponfible to no power, but to their confciences and their God."

Meffrs. WILLIAMS, VAN NESS and VAN RENSSELAER, the counfel for Mr. CROSWELL, demanded copies of the indictments before they fhould be compel. led to plead. They ftated, that there never was an inftance where a copy was thus demanded and refufed. That copies could not be before obtained, in the ufual way, from the Clerk; for that the indictments had never been left with him. Mr. SPENCER, with great warmth, oppofed the demand. He could not say that ever a fimilar requeft was refufed, because he did not believe it was ever before made. he faid, if this was granted, every perfon indicted would make the fame demand, and thus public bufinefs be greatly retard

ed.

But

poftponed until the next court of Oyer and Terminer, when a judge of the fupreme court would be prefent and affift in the decifions. This was objected to by Mr. SPENCER, and the court refused to interfere.

WELL would want which he could not

obtain this court, was merely to prove the truth of his publications. He declared explicitly, that the truth could not be ad. mitted in evidence as a juftification; and, therefore, even if Mr. CROSWELL, by this poftponement, could obtain evidence of the truth of his publications, it would not

avail. It never would be admitted. The

only question was, whether Mr. CROSWELL had published thofe libels. Upon this Upon this queftion, he was as well prepared now as he ever could be. The poftponement of the trials, he contended, was totally unneceffary. Befides, he faid, the applicaneceflary. Befides, he faid, the applica tion was not properly made-that an affi davit, ftating the grounds of the application fhould be made, and that in no other way could it be legally obtained.

He was anfwered, that when, in any caufe, fufficient appeared on record, to convince the court that a poftponement of trial was proper, they never would require

an affidavit. ` This was the fact here.

They denied the doctrine of Mr. SPENCER, that, in this country, "the truth can. not be given in evidence." It poffibly might be true as to libels on private character; but, as it refpected the official conduct of the officers of our government, it never could be admitted.

He was anfwered, that inafmuch as this was a motion to the found difcretion of the court, whenever the request was made for the purpose of delay, the court would be It was ftated that our government is ejuftified in refufing; and thus the delays lective; that it is neceffary to its very exapprehended would never happen. Theftence that the people fhould be truly inprefent cafe, it was flated, was eminently entitled to the interference of the court. That the indictments were long and unintelligible; and to force Mr. CROSWELL to plead without copies, was to entrap him and facrifice his caufe. A majority of the court, however, refufed the requeft, and ruled that Mr. CROSWELL fhould immediately plead. To both indictments he plead NOT GUILTY.

It was then fuggefted by the counfel for Mr. CROSWELL, that as the law on the fubject of libels was extremely intricate

even in England, and lefs known in this country than that on any other fubject, it would be proper that the trials fhould be

t Gallender.

formed of the conduct of their rulers. It had been the cry of a party, and, heretotore, the first article in his [Mr. SPENCER'S] political creed, that the people pofle fled the fovereignty, and that governors and prefidents were their fervants; and that whenever the people fhould write on their ballots," turn them out-turn them out," thofe whom they had created muft out," those whom they had created muft fall. But how, it was afked, could this power, this fovereignty be correctly exercifed, unlefs the conduct of their fervants might be faithfully exhibited? How could they pluck down the vicious demagogue, and raife and fupport the virtuous patriot, unless their variant conduct could be

faithfully reprefented? And what printer would dare to reprefent fuch conduct, if the

ment.

among the people, it never could be tole

rated. At all events, it was flated to be an important and doubtful queflion, and time ought to be given until another term to inveftigate it thoroughly.

Mr. SPENCER Confented to the poftporement of the trial of one of the indictments, to the court of Oyer & Terminer. With and a majority of the court decided that refpect to the other he perfevered; the trial fhould not be poftponed. Mr. CROSWELL was then recognized to appear in court from day to day, during the term, for his trial the next day. and requested by Mr. SPENCER to be ready

The next day (Wednesday) towards eve. ning, Mr. CROSWELL came into court with

"

his counfel, and offered an affidavit to the following effect :-That he intended and expected to prove the truth of the fact as ftated in the Wafp" of September 9th, he was indicted.and for the alledged publication of which -Upon this affidavit, they moved the court to poftpone the trial. The Attorney-General faw fit to abandon his oppofition, and it was agreed that Mr. CROSWELL fhould be recognized to appear at the next Court of Seffions, to be tried upon one of the indictments, and upon the other at the next court of Oyer and Terminer. Mr. CROSWELL, then came forward with his furetics; and Mr. SPENCER moved, that he fhould alfo be bound to keep the peace and be of good behavior. The counfel for Mr. CROSWELL admitted that it was proper he fhould enter into a recognizance to appear and anfwer, &c. But they infifted that to demand furety for the peace and good behavior, was illegal, a violation of his liberty as a free citizen of the U. States; that it was a direct attack upon the freedom of the prefs, and that if any thing could, at this time, aftonifh them, it was a propofition pregnant with fuch direct and palpable hoftility to the freedom of difcuffion, and to the beft principles of true republicanifm. Mr. SPENCER however perfevered, and the debate on the queftion was deferred until the next morning.

[The arguments of the counsel on both sides, will bo

given in our next]

Agricultural.

FOR THE BALANCE.

ON THE PRESERVATION OF SEEDS.

EVER

VERY acorn contains an oak: and when an acorn is properly depofited under the furface of the earth, in a due temperature refpecting heat and moisture, the little oak that had lain dormant within its kernel, will expand and unfold itself to view. Other feeds, even the most minute, do alfo contain the embryos of the plants which they produce; and, as well in the vegetable as in the animal world, embryos, from various caufes, are liable to perifh; and the expected births are confeqnently rendered abortive.

The farmer and the gardener are frequently disappointed, by reason that the feeds, which they plant, fail of vegetating. This is fometimes owing to the extreme either of moisture or drought in the foil; or from the circumftance of depofiting feed either fo deep, that it is excluded from the neceffary agency of the air, or fo|| fhoal that it is dryed and parched by the beams of the fun. It is not unfrequently owing likewife to an original defect in the feed itfelt. Another common caufe, that feeds fail of vegetating is a want of care or elfe an improper management in preferving them. There are various kinds of plants, which, in every ftage of their growth, are of a very weakly conftitution; and ftill more delicate and frail are the embryos, which the feeds of fuch plants contain: therefore even the smallest injury, befalling feeds of this defcription, will either deftroy their enclosed embryos,or render them difeafed; fo that the feeds will either fail to vegetate at all, or if they fhould vegetate, the plants, at firft, would appear languid and fickly, and would never come to maturity.

It had heretofore been found exceeding. ly difficult and almoft impoffible to bring over from Europe, and efpecially from Afia and Africa, the feeds of fome deli. cate plants, preferving them, during thofe long voyages, in fuch a ftate of foundness and vigour that they would vegetate in this country. This difficulty feems, in a great measure, to have been obviated. An intelligent American has happily made the experiment of enclofing feeds in perfpira

ble or porous paper, furrounded, in some inftances, with brown fugar, and, in others, with raifins. Seeds, put up and preferved in this manner, were brought over from diftant climes, and in a state of vigour; while thofe of the fame kinds and of equal goodness, which were differently managed, failed of vegetating.

This discovery may be highly useful, as a mean of providing our country with an additional furniture of precious plants and vegetables.

Monitorial Department.

To aid the cause of virtue and religion.

The following most sublime and affecting instance. of filial affection in a French lady does honour to the human character, and particularly to the female sex. Taken from a London paper, it has already been often republished in this country: but its publicity cannot be too extensive. So good a girl ought to be had in everlasting remem. brance. Edit. Bal.

FILIAL PIETY EXEMPLIFIED.

66

DURING

URING the war of LaVendee, the Due de al ROCHEFOUCAULT fcondemned to die, as well as his daughter) found in the refources of that affectionate girl the means of concealing himself till a period arrived more favourable to that juftice which he fuccefsfully claimed. His daughter's firft care was to place him under the roof and protection of an artisan, who had formerly been a domeftic in the Duke's fervice, after which the procured an afylum for herfelf. They were thus both fecure from the immediate power of their perfecutors; but as the Duke's property was confifcated, and as compaflion is apt to grow weary of its good.offices, the means of their bare fubfiftence were foon worn out. While the daughter was fuffering under the extreme of poverty, the learnt that her father's health was declining for want of due nourishment. She now faw no way but to devote her life to fave her father's, and the infantly made the that very time was paffing through the refolve. A General of the republic at city in which was her place of concealment, and to him the wrote the following

letter.

"CITIZEN GENERAL,

"Wherever the voice of nature is heard, a daughter may be allowed to claim the conpaffion of men in behalf of her father. Condemned to death at the fame |

time with him who gave me being, I have fuccefsfully preferved him from the fword of the executioner, and have preserved myfelf to watch over his fafety. But in faving his life, I have not been able to furnish all that is neceffary to fupport him. My unhappy father, whofe entire property is confifcated, fuffers at this moment the want of almoft every thing.--Without clothes, without bread, without a friend to fave him from perifhing of want, he has not even the resource of the beggar, which ftill furnishes a little hope, that of being able to appeal to the compaffionate, and to present his white hairs to thofe that might be moved to give him aid: my father, if he is not fpeedily fuccoured, will die in his place of concealment, and thus, after fnatching him from a violent death, I fhall have to fuftain the mournful reflection of having betrayed him to one more lingering and painful—that of dying of cold and hunger.

"Be the judge, Citizen General, of the extent of my misfortune, and own that it is worthy of pity. One refource only is left to me. It is to caft myself upon your generofity. I offer you my head; I undertake to go, and to go willingly, to the scaffold, but give immediate fuccour to my dying father. Below I give you the name of my place of concealment; there I will expect death with pleafure, if I may promife myfelf that you will be touched with my prayers, and will relieve my old and deftitute parent."

The foldier had no fooner read this letter than he haftened to the afylum of Madame de Rochefoucault, and not only relieved her father, but fecretly protected both, and after the 9th Thermidor, procured the refloration of M. de RoCHEFOUCAULT'S property by a revifion of their sentence.

Natural History.

FOR THE BALANCE.

IN

ZOOLOGY.

N the 49th No. of the first vol. of the Balance, I obferve a piece on Zoology, in which it is stated that "the nastiest animals are the most long lived." I do not doubt the fact, but have every reason to believe it true.- -In the tour I lately made through America, I came across three animals, all of one fpecies; one of which was very old;-they were certainly the most nafty, filthy,, ftinking animals I ever beheld. They are, conclude, a "non defcript" race, not yet ranked among

any fpecies or genus of animals hitherto defcribed by naturalifts. I believe there are only three in America. They have a

ap

Miscellany.

FAITH.

Tranflated for the BALANCE, from French of a Pupil of ROSSEAU.

totle,

[CONTINUED.]

the

I OWN that Socrates, Plato, Aril

very, nay a remarkably, thick skull, and, PROFESSION OF PHILOSOPHIC probably, very little or no brains.They have a great, fhare of impudence; have the appearance of confiderable courage, but are neverthelefs great cowards. They run on head-long without reflection or confideration. They often run butt up against a tree; and were it not for the thickness of their skulls would dafh their heads to pieces. Their fcent is fo ftrong and loathfome, that a man will feldom OWN that Socrates, Plato, Arifproach them. They are not indigenous to Defcartes, Newton, nor Locke have this country," at all at all." One was lately brought over from France and pre- infallibility or irrefragible authority. They ever claimed this pretenfion of exclufive fented to the prefident, who I understand enquired; they propofed; they did not keeps it for a fhow. Another is kept at infolently conftitute themfelves judges in Philadelphia, in the family of the late edi- their own caufe. They regarded themtor of the Aurora, Benjamin Franklin felves with humility, as then members of Bache. A third is kept in New-York-human fociety which they refpected. They This laft is kept, I believe, by one of the afpired not to be the tyrants of it. They Clinton family, and is to be feen at the depended for their fuccefs and their glory on the free fuffrage of their fellow men. Weak and filly, ridiculously decorated with the title of philofophers, they knew not their rights, nor their functions. Can it be credited? They never faid to the people, ye are fools.

office of the "American Citizen." The

fruggled in a gentle manner; it railed its Philofophy was as yet in its infancy, it voice with modefty; it was contented with fimple reafoning, clear and precife it addreffed itself to reafon only. It was only employed in favor of truth. It was only the arts, of thinking and inftructing.

one kept by the prefident has just arrived. He has caufed four advertisements to be published in the National Intelligencer concerning his arrival from France at the Federal city. One was imported from dair Ireland fome years ago, and has been bought by the widow of B. F. Bache, dec. Another was imported fome three or four years ago, from England; this laft the Clintonians bought. They will eat no food but the moft filthy; fuch as the spoils of reputation, &c. Their drink is generally of the ardent kind; brandy they like the beft; efpecially the old ones. Now the reigns, fhe commands, the Why thefe animals are kept, and for what tyranifes; the dazzles, confounds, frightpurpose, I am unable to fay. It is faid ens, and fubjugates. She affects figures the prefident is exceflively fond of the one and ornaments of difcourfe; the feduces he keeps, fo much fo, that he even feeds the imagination, the fenfes and the pafhim at his own table. I faw governor M fions. She is nothing but enthufiafm, inKean and Dallas carefs the one in the wi- fpiration, violence, and delufion. Her odow Bache's house, with very great ten-pinions are dogmas, her decifions oracles, derness; and I am told governor Clinton ftrokes the head of the one kept at the office of the Citizen, with as much freedom as he does his nephew De Witt's. But it appears to me that the fe gentlemen have loft

and her reafoning myfteries. Paradox, fingularity, pride, audacity and even fanaticifm, all is good for her, provided she can make a noife. She overturns: fhe deftroys the most respectable monuments of

He has cried inceffantly, virtue, liberty, truth; and virtuous men captivated by these words (the only defcription who know his writings) have flocked to him, in crowds, fubmitting themselves to be guid ed and conducted by him. The wicked fay this man frees us from the yoke of religion and laws. He reduces all to confcience which gives us little trouble.-What can we expect better, let us join him. In the mean time, he faid; I will delpife all those who will not believe in me. Fools haften to fay, we believe in him, and the flock of fools all at once becomes a tribe the most enlightened. The multiof men ought to be the most wife. The tude cry out, he fpeaks too well, not to fpeak what he thinks. The moft eloquent moft decifive ought to be the most enlightened. The moft audacious without doubt is moft fure of fuccefs. The people are calm around him, they doubt no morethey decide, they pronounce; in reading They acquire at little expence the right of a few volumes they know every thing. difpofing like him, all paft generations, all the human race prefent and future. And it is more convenient and more fafe to unite ourself to a party which claims the exclufive privilege of repeating impunis.

ergy frightened others—either seduced by Bold affertion fwayed fome, decifive enthe charms of language, or humbled by the fublimity of pride-the latter felt embarraffed into the net of dialectics, or glided into a labyrinth of fubtilties and artificial diftinctions. When proof failed, bitter irony, vehement farcalm, eloquent invective and emphatic exaggeration fupplied its place. No queftion was placed in oppofition-they were received only from a very acute angle-inconvenient circumftances were eafily removed-the comparison of two terms was always on the fide of the weaker and chofen at the pleasure of the declaimer; all the rays of light were collected on one fide of the object-the reft was covered with a dark veil. moft abfurd fuppofition infenfibly took the appearance of a demonftration in form. Abftraction victorioufly feated herself on

muft keep plugs in their nofes.

As naturalifts have not given these animals a name, I will give them one; let them be christened, Pfeudo Patriot.

ry Coloffuses, aerial phanthoms and brilliant monsters. She reduces to afhes, laws, libraries, thrones and altars. She feats herself proudly on the wreck of all that men hold moft facred and dear. All ages bow before her. All human generations are chained at her feet. Until her approach, univerfal darkness had covered the face of the abyfs. She drew the world from Chaos.

tranfcendant genius which I adore; the Such is the magic of this fublime and tranfcendant genius which I adore; the restorer or rather the creator of philofophy and who to perform all prodigies has only to use a few phrases.

The

What could not be demonftrated was painted in the livelieft colors. The real object was disfigured-the fantaftic one dreffed with fplendor. Affertions were felf-evident, whilft the eyes were shut to evidence. In place of it imagination created beings, which have never been feen nor ever will be feen-accomplished savages, incomparable Emilias, every poffibility, every impoffibility was realifed by the force of his fhining pen. Nature alone was forgotten. Men were filent, because reafoning can lay no hold on evident falfhood. Because it was neceffary to read volumes

to refute a few lines of his fublime abfurdity. They beheld philofophy tranquilly crofs the ocean of human opinions, pafs beyond the line of truth, to feek new errors in unexplored regions and under the new pole to erect all phrafes into principles the art of reafoning in belief, and with enthufiafm on the one fide and credulity on the other to multiply philofophers as the fand of the fea.

[TO BE CONTINUED.]..

Columbian Congress.

Wednesday, December 29.

Mr. RANDOLPH moved to amend one of the standing rules of the houfe in fuch a manner, that no petition, memorial, or other paper, which in the oppinion of any member fhall contain matter infulting to the dignity or derogatory from the honour of the house, fhall be read without a vote of the house, provided any objection be made to the reading.

Mr. EUSTIS propofed an amendment rendering the refolution more general and extending it to all papers whether they contain any thing indecent or not. The refolution and amendment were refered to

a felect committee, and the houfe adjourn

ed.

Friday, December 31.

The house of representatives received a meflage from the prefident which the Speaker ftated to be of a confidential nature, upon which the galleries were cleared and the house continued for more than two hours with clofed doors. As no communication was made by the prefident to the Senate, and as it has heretofore been Mr. Gray, in the houfe of Reprefenta- cuftomary to make communications of a tives, made fome comments upon the in- confidential nature to both houfes at the creafing number of murders which happen fame time, when the fubject has been of in our large cities and in every part of the public importance, it is rational to concountry. He then moved a refolution to clude that the prefent meffage concerned the following effect: That a committee only the house of reprefentatives, otherbe appointed to inquire into the expedien-wife it would have been fent to both houcy of paffing a law forever to difqualify for holding any public office in the United States any perfon who fhall hereafter be guilty of fighting any duel, or who fhall be concerned in fending, carrying or accepting any verbal or written challenge to fight a duel.

The refolution was ordered to lie on the table.

Mr. Davis called up the refolution laid upon the table by him, for inftucting the committee of elections to enquire whether John P. Van Nefs fince his election to a feat in the house has not, by accepting and exercifing the office of Major of militia, under the authority of the United States, forfeited his right to a feat in the house. Mr ELMENDORF moved to ftrike out that word not. He thought the refolution unmeaning in its prefent form. The house divided upon Mr. Elmendorf's motion which was loft by a great majority.

The queftion being taken upon the refolution it was carried.

Mr. Davis then gave notice that he fhould move a refolution to vacate the feat of another member, unlefs the gentleman fhould think fit to withdraw and fave the houle the trouble. He alluded to the gentleman from the ftate of Ohio, formerly the territory N. W. of the Ohio (Mr. Fearing.) He faid that the reprefentative of a territory could not be the reprefentative of a flate.

fes.

Mr. Gray called up his refolution to difqualify perfons concerned in duels from holding any public office. The refolution was rejected upon the ground that congrefs have no conftitutional right to prescribe the qualifications of public offi

cers.

The houfe adjourned till Monday morning.

Tuesday, January 4.

Mr. Grifwold faid there was one fub

ject referred to in the Prefident's meflage

on which no order had been taken by the houfe. He thought the fubject a very im. portant one, and hoped that the house would now confider it. He referred to that part of the meffage which fpeaks of the ceffion of Louifiana to France, in the following words:

"The ceffion of the Spanish province "of Louisiana to France, which took place "in the course of the late war, will, if car"ried into effect, make a change in the af"pect of our foreign relations, which will "doubtlefs have juft weight in any delibe"rations of the legislature connected with "that fubject."

Mr. Grifwold moved the following refoluion:

Refolved, that the prefident of the United States be requested to direct the proper

officers to lay before this houfe copies of fuch official documents as have been received by this goverment, anouncing the ceffion of Louifiana to France, together with a report explaining the ftipulations,circumftances, and conditions under which that province is to be delivered up, unless such documents and report will, in the opinion of the prefident, divulge to the house particular traníactions not proper, at this time, to be communicated.

Mr. Smilie hoped the refolution would lie on the table untill to-morrow. There

might be a delicacy in the fubject, which

he wifhed for time to confider.

Mr. Smith wifhed the gentleman would ftate the difference between his refolution and the one fome time fince prfented by a gentleman from Virginia (Mr. Randolph.) He said the refolution appeared to him quite unneceffary, as a fimilar one had already been acted upon by the house.

Mr. Grifwold faid if the gentleman would give himself the trouble to read the refolution of the gentleman from Virginia he would fee the difference. That refolution called for information relative to the violations, on the part of Spain of our treaty with that power. This afks for informarelative to the ceffion of Louifiana to France. No two refolutions could be more widely different.

Mr. Smith was very defirous that the gentleman would fuffer his refolution to lie on the table.

Mr. Grifwold faid that he had not expected that that there would be any difficulty upon the fubject: but as fome gen. tlemen thought it was a delicate matter he would confent to let the refolution lie till

to-morrow.

Wednesday, Jan. 5.

Mr. Grifwold called up his refolution laid on the table yefterday, for requefting the prefident to lay before the houfe fuch documents as may be in the poffeffion of goverment, relative to the ceffion of LouiLiana to France. The motion was oppofed, and on a divifion of the house there appear. ed in the affirmative 35 in the negative 32.

Mr. Randolph faid a difcuffion of that refolution would involve a fubject nearly connected with one which had lately been difcuffed with clofed doors. He would therefore move that the resolution be referred to a committee of the whole on the ftate of the Union to whom had been referred a maffage of the prefident relative to New-Orleans.

This motion gave rife to a long debate, an account of which fhall be given hereaf

ter.