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belling that great and good man, that departed patriot, our beloved Washington. Can the court doubt that these are libels ? Or can they say that the man who publifhed them is not a libe'ler? Or, upon fo flimly a pretext, will they fuffer this calumniator, this flanderer, this affaffin, to continue his flanderous publications. [Mr. WILLIAMS interrupted Mr. SPENCER. He demanded that the court fhould protect Mr. CROSWELL from the abufe of the Attorney-General. Admitting the charges made against Mr. JEFFERSON ever fo falfe (which he denied) ftill the court could nexer know that Mr. CROSWELL was the publisher, until he was declared so by a jury. Mr. CROSWELL, he faid, was neither a flanderer, or a calumniator. And as to the term affaffin, Mr. CROSWELL was as free from blood or crime as the man who would take this daftardly advantage of his fituation to abuse him with impunity. Mr. SPENCER explained, and faid he only meant an affaflin of reputation.] He then quoted 3d Burn's Juftice, page 348 and 349, to the fame effect with the quotations already given. And from the whole argued, with confiderable force and at fome length, that a man ftanding indicted for a libel might be bound to keep the peace and to be of good behaviour.

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the defendant. He faid it might as well
be contended that a profecution for a libel
was a previous refraint on the prefs. He
read a long paragraph from 4th Black.
Com. pages 151 and 152, and contended,
that from thefe it was clear, that Black-
ftone, by the words "previous reftraint,'
meant only fuch power as could prevent
the publication. If the publication was
permitted, he contended that it was prop-
er that the publisher fhould be accounta-
ble to the law, and refponfible to the pub-
lic for the confequences of every fyllable.
And whether he was punished for a libel,
by the forfeiture of his bonds, or by the
verdict of a jury, could be of no confe-
quence to the true freedom of the prefs or
of fair difcuffion.

He denied that it curtailed the rights of
jurors. He faid there was two kinds of
Juftice, known in our law; the one called
deftributive, and the other preventitive juf
tice. Under the latter diftinction fell the
present motion. He then entered into a
long argument, to fhew, that in many in-
ftances, a man may, by our law, be depriv-
ed of his liberty without trial by jury. He
inftanced a recognizance for the breach of
the peace, where a man may be required
to give bonds to keep the peace and be of
good behaviour, and in cafe of refufal.
may be committed to gaol. He contend-
ed that this was a parallel inftance; and
that it was abfurd to fay, that in the one
cafe a man may be compelled to give bonds,
and in the other could not; that in the
one cafe, the liberty of action might be
reftrained without trial by jury, and in the
other the liberty of libeiling could not.
Befides, he faid, if Mr. CROSWELL was
charged with a breach of his recognizance,
by hereafter publishing a libel, the court
had the power of referring that charge to a
jury. And in that cafe, unless he fhould

In anfwer to the authorities refered to by the counfel oppofed to him, he fid. that the book first introduced, called " digeft on the law of libels," was anonymous. It was probably a fugitive catchpenny production of fome English Barrifter, and confequently entitled to but litthe credit. As to the cafe from 3d Wilfon's Reports, he faid it did not touch the prefent queftion. Wilkes, he faid, was a member of parliament, and excused on that account from the bonds demanded. In answer to the paragraph cited from Mr. Fox's fpeech, he contended, that parlia-be convicted by a jury, his bonds would mentary debates in 1791 could not determine the law in this country in 1803; that, altho' Mr. Fox was a great flatef man yet that he was no lawyer; that, altho' he used the term " previous reftraints in the form of previous fureties of any kind for good behaviour" yet that he meant only fuch restrictions as could prevent the publication.

He therefore contended, that his doctrine flood unoppofed by any fubftantial authority.

Mr. SPENCER alfo contended, that his duftrine did not at all reftrain the freedom of the prefs and fair difcuffion. He agreed that the true liberty of the prefs confifted in freedom from all previous reftraint; but infifted, that the recognizance demanded would be no previous restraint. It would, he faid, tend to reftrain its licentioufnefs. It would tend to check thofe libels which weekly iffued from the press of

not be forfeited. As to the habæs corpus,
he did not deny that Mr. CROSWELL might
be relieved by it from these bonds, if he
chofe to be committed. But admitting
the fupreme court would immediately dif
charge him, that was no rule for this

court.

This court muft exercife its own difcretion; and if the gentlemen advised their client to refort to the fupreme court, it would then be time for that court to exercife their power.

Mr. SPENCER concluded with profeffing that he had no intention to fetter the prefs. He knew its value-but he felt its licentioufnefs; and he trufted the court would exert their power in this goodly attempt to check thofe floods of calumny which threaten the deftruction of our

country.

It is not pretended that the precise language of Mr. SPENCER is here copied—but it is believed that every material argument is given. And altho' the

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writer of this holds in abhorrence the political character of Mr. SPENCER; altho' he considers this attempt as a tyrannical effort of "a little brief authority," to smother the voice of truth, and to bind in chains the real freedom of the press, still he must say, that in his opinion, with the exception of a few indecent expressions, which arose from violence of temper, or of party spirit, this was one of Mr. SPENCER'S most ingenious speeches. It was, in short, making the best of a very bad cause. After Mr. SPENCER sat down, the Judges consulted for a few moments on the Bench, when Judge FoRD delivered it, as almost their unanimous opinion,* that Mr. SPENCER should take nothing by bis motion.

This opinion, while it reflects the highest honor on the Judges, a majorny of whom were cpposed to Mr. CROSWELL in political principle, we hope wil teach Mr. SPENCER an important lesson. It shows him, that our tribunals are not prepared to sacri fice honesty at the shrine of party spint. It must convince him that whatever scenes of persecution and revenge may have been formed, he is yet subject to the control of men resolved to restrain his vindictive spirit within the bounds of reason and justice.

The decision of the court appeared to give general satisfaction to the numerous assembly which croud. ed the court house. Here and there a visage appeared clouded with disappointment and anger.— But the great body of the spectators, of all parties, received the decision with evident pleasure. They seemed to feel that justice and law, reason and liberty, had once more triumphed.

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Monitorial Department.

To aid the cause of virtue and religion,

FOR THE BALANCE.

DOCUMENTS CONCERNING THE EXISTENCE OF NOAH': DELUGE.

VA

ARIOUS traditions and fables among ancient nations, which had not been acquainted with the writings of Mofes, feem plainly to have had their origin in the event of the deluge. The old and generally received pagan fable of the war of the giants againft heaven, and their horrible overthrow by the prowefs of angry Jupiter, may rationally be fupposed to have been founded upon that aftonishing event. The general concurrence of ancient nations, in making the Olive-branch an emblem of peace, feems plainly to allude to the circumftance of Noah's dove, that plucked off an olive-leaf and returned with it to the ark; which was confidered as a token that the terrible war of the elements had ceafed, that the waters were as fuaged and that there was an implied declaration of peace and fafety to the fmall remnant of the human race.

But not to infift upon these and a variety of other traditions and fables ;—if there had been no tradition of the kind-if there had been no hiftorical or written documents in relation to the deluge, we ftill fhould have occular demonftration of the exiftence of fuch an event, from the condition of the various parts of the earth.The appearance of marine fubftances, fcattered over the face of the earth, is a certain evidence that the earth has undergone a fubmerfion from the waters of the

oceans.

The celebrated Doctor Goldfmith remarks," Whatever depths of the earth we examine, or whatever diftances within land we feek, we moft commonly find a number of foffil fhells, which being compared with others from the fea, are found to be exacity of a fimilar fhape and nature. They are found at the very bottom of quarries and mines, on the tops of even the highest mountains, as well as in the vallies and plains and this not in one country alone, but in all places where there is any digging for marble, chalk, or any other terreftrial matters, that are fo compact as to fence off the external injuries of the air, and thus to preserve these fhells from decay."

Difcoveries of this kind have been greatly enlarged and multiplied fince the time of Goldfmith. In the prefent inquifitive age, almost every year adds to their num

ber; and they have become by far too numerous to be particularised, unless in a large volume.

Only one or two, from among the most remarkable of these discoveries, fhall here. after be mentioned.

Agricultural.

FOR THE BALANCE.

W.

ON THE SPECIFIC DIFFERENCE OF PLANTS, WHICH ARE OF THE SAME COMMON NATURE.

As

S well among vegetables as animals, there are often found different fpecies, which have the fame common name and are claffed under the fame Genus.

In the New-York Magazine, it is relat-. ed that Mr. Ifbel in Virginia, about nine or ten years ago, obferved in his field a fingle ear of wheat almoft ripe, when all the reft was in flower. This ear he carefully preferved and fowed it by itself, rightly judging it to be a peculiar fpecies: and from it there have proceeded many thoufand bufhels. It ripens fifteen or twenty days earlier than other wheat. It is never deftroyed by ruft. Its ftraw is fhorter and lefs cumbrous than that of the other kinds of wheat; and confequently gives a better scope for the growth of clo

ver.

I believe (but am not certain) that this is the fame that has been advertised in the fouthern papers, by the name of red Araw wheat.

The fame publication relates that there has lately been discovered, on Manhattan Ifland, at Haerlem, a fpecies of Indian Corn, the ear whereof contained fixteen rows of grains and that as the average number of grains exceeded fifty to the row, the product of a fingle ear was more than eight hundred grains. There can be no doubt that crops might be greatly increafed by a careful attention to the Species as well as to the quality of the feed.

I had long fince known a diftinguished farmer, who carefully culled out thofe ears of Indian Corn for planting, which were filled out, or had their tops quite covered over with kernels; and the fuccefs of this method was fuch, that a large proportion

annually of his ears of corn was topped over with kernels, in the manner of thofe ears, which he had preferved for feed.

Medical.

FOR THE BALANCE.

COW OR KINE POX.

ALTHO' this benign fubftitute,

has made rapid progress thro' all ranks of
fociety in Europe, and has full credit with
characters moft diftinguifhed for informa-
tion in every profeffion amongst us; yet
by far the greatest number still remain
doubtful of its affording a compleat fecu-
rity from the attack of the moft loathfome
of difcafes. From decompofed and con-
taminated matter; and from the spurious
and full-explained cafes that have occur-
red (arifing from the want of the neceffary
knowledge of the genuine operation of
the Vaccine Virus) this ftate of doubt is
not to be wondered at; and nothing can
effectually diffipate it, but fubmitting one
disease to the teft of the other; and it be-
comes neceflary that thefe tefts fhould be
fome time after the Kine Pox, on account
of the objections of fome Small-Pox In-
oculators, who alledge that the Kine Pox is
a barrier no longer than while the Kine
Pox is in circulation.

I have good authority to affert, that the
Kine Pox has been an effectual fecurity
from the Small-Pox, for fifty-three years,
in England; but time only can give us
that fatisfaction in America, unless we are
thoroughly acquainted with the effects of
both difeafes on the human fyftem that it
fecures the fyftem from the Small-Pox for
nine months, has lately been demonstrated
by experiments, as certified below; and if
it is a fure barrier for nine months it is
for life, in the opinion of the public's hum-
ble fervant.

:

E. ELMORE.

Canaan, Dec. 21ft, 1802.

This certifies that on the 24th of March laft, Dr. E. Elmore inoculated two of my daughters for the Kine Pox, which was evident from its not being contagious; and on the 2d day of December inft. Dr. Ifaac Averill inoculated them with SmallPox matter, which infected their arms from the third day after the operation to the eighth, when they were well without one trace of disease.

per me, WILLIAM JOHNSON, Surgeon. Canaan, Dec. 22d, 1802.

This may certify, that on the 28th of laft March, Dr. E. Elmore inoculated me for the Kine Pox (I dieted and laboured much as ufual, and was not fick.) On the 2d day of December inft. I met Dr. Averill at a houfe where there were a number under the operation of the Small-Pox. The Dr. took infection from one of them, and in the prefence of Dr. Badcock and others, put it into my arm. I agreed to meet them again the 8th day, when I went into the hofpital, where were a number covered well with Small-Pox. In the prefence of Capt. L. Warner, T. Elmore, and others, Dr. Badcock inferted fresh matter of SmallPox into two places, and Dr. Elmore the fame kind of matter into one place. Each incifion appeared to work, made a progrefs until the eighth day, then decreafed and disappeared without the leaft fymptom of disease. Per me,

RICHARD JOHNSON.

Canaan, Jan. 8th, 1803.

This may certify, that about the firft of April laft, Dr. E. Elmore did inoculate five of my family for the Kine Pox. My agreement with him was to have them inoculated with Small-Pox infection at a reas onable time. On account of the declara

tions of our neighbouring phyficians, that they could give them the Small-Pox in fix months after, I procraftinated their be ing tefted until the 8th of Dec. inft. when Dr. T. Badcock inoculated them in my prefence, with fresh matter of Small-Pox. They have frequently vifited the hofpital, where a number had the Small-Pox very full, and one died with it, whofe funeral they attended. Their arms were a little infected from the third day after the operation until the eighth ; but not one trace of disease. Per me,

THADDEUS ELMORE.
December 22d, 1802.

impoffible for me or any perfon to give || tion, I flatter myfelf you will find them them the Small-Pox hereafter. executed in a manner that will meet your Per me, approbation. Treaties have been held with the Oneida and Seneca nations of

TIMOTHY BADCOCK, Physician. Indians, and the objects contemplated by

State Legislature.

ALBANY, JANUARY 25. The Legislature of the ftate of NewYork met in this city this day.

The ufual meffage having been fent to his Excellency the Governor, informing him that the two Houfes were ready to proceed to business, he met them in the Affembly Chamber about 1 o'clock, and delivered the following

Speech :

Gentlemen of the Senate and Affembly,

I HAVE the fatisfaction to inform you, that nothing has occurred, in the recefs of the Legiflature, to difturb the public tranquility,or to impede the growing profperity

the laws authorizing thofe negotiations, accomplished. Copies of the treaties will be laid before you, with an estimate of the fums which remain to be provided for to comply with the ftipulations contained in them. It may be proper to remark, that as no provifion was made for the payment of the fums mentioned in the agreement. entered into with the Oneidas, under concurrent refolutions of the Senate and Af

fembly of laft feffion, nor for defraying the expence of the treaty directed to be held with that nation, it became neceffary to fupply these deficiencies by private credit. I avail myfelf of this first opportunity of fulfilling my engagement to the Seneca Indians, by recommending that legiflative provifion be made for fecuring to them certain privileges fpecified in the treaty with that nation. treaty with that nation. I confidered their claims reafonable, and would have confirm

ed them, had not doubts existed respecting my authority.

of the ftate; for a continuation of these ineftimable bleffings our unfeigned gratitude The annual report of the Commissary is due to the Supreme Difpofer of all events. of Military Stores, with the papers accomYou muft, however, have heard with repanying it, will communicate all useful ingret of the late unwarrantable conduct of formation relative to that department, and the Spanish Intendant at New-Orleans, caldifclofe to you how far the different ferculated to deprive the people of the United vices enjoined on him by the act of laft States of the free navigation of the Miffiffip-feffion, defignating his duties, have been pi; but notwithstanding the fenfibility fo performed. Notwithstanding I have reagenerally and justly excited on this occafion, there is every reafon to believe that the wife and temperate measures adopted by the Prefident will remove all caufe of complaint: Should this not be the cafe, and a more vigorous courfe become proper and neceffary, I feel confident it will be purfued; and that this ftate, which fo eminently exerted itself in the establishment of American Independence, will difplay equal firmnefs and patriotifm in vindicating our national rights, from whatever quarter they

To whom it may concern, these may certify, that I did inoculate Richard John-may be affailed. fon's and two of Dr. W. Johnfon's daugh. ters with good fresh infection of the SmallPox, on the second day of December inft.

Our fellow-citizens attached to our hap. py Py conflitution from a conviction that it is wifely calculated, under Divine ProviISAAC AVERILL, Phyfician.dence, to enfure all the eflential benefits Canaan, Dec. 20th, 1802.

This may certify, that I did inoculate Richard Johnson, and five of Thaddeus Elmore's family for the Small-Pox, the 8th of Dec. inft. with fresh matter inferted immediately into the arms of three of them at the hofpital; the other three with the fame kind of infection carried half a mile, which operation I have inspected, and on the 11th the arms all appeared infected; on the 17th fome of them well. They are now all entirely well, without one trace of disease; and now I am convinced, it is

of civil fociety, without any unneceffary a bridgement of their natural rights, generally manifeft a difpofition to pay due obediance to the laws, which they justly confider as the expreffion of their own will, & to give to government that genuine energy and fupport which are only to be derived from their confidence and affection. It is alfo with pleasure I mention, that the duties affigned to the different departments, as far as my obfervation extends, continue to be performed with wifdom and fidelity. With respect to the various matters committed to my more immediate direc

fon to believe this business has been conducted with a ftrict regard to economy, yet it is probable the expences incurred may exceed the fum at which they were eftí. mated, owing to the extenfive repairs which the Arlenals required, and to the ruinous. condition in which the small arms and accoutrements were found; as it could not have been conjectured, that whilst large fums were expending in defenfive preparations, articles of the firft utility wave been fo much neglected. This effort to put our Magazine of Military Stores in a ftate of repair is an useful one, but as it will appear from the returns that the fupplies fall far fhort of thofe enjoined by the conftitution, it would be injuftice to the wif dom of the Legislature to doubt that fuch farther appropriations will be made as the ftate of our Treafury may warrant, for a more perfect compliance with a conftitutional injunction dictated by a regard for the public fafety. The danger of placing a dependance on these fupplies from abroad, and the difficulty of procuring them when most wanted, point out the expediency of embracing the prefent favorable opportunity which peace affords, for replenishing our magazines: In doing this, however, a preference ought to be given to articles which the ingenuity and induftry of our

own citizens can furnish, as thereby an additional object will be attained; encouragement will be given to American arti

zans.

With the returns of the reviews and infpections of the laft year, I fhall alfo canfe to be laid before you thofe of the preceding one; by a comparifon of them you will have the fatisfaction to difcover an increaling attention to duty, honorable to the militia, and at the fame time evincive of the beneficial effects produced by the amendments made at the laft feffion to the militia law. It is fubmitted to your judgment to devife fuch farther improvements in the fyftem as fhall be best calculated to promote discipline and encourage military

ardor.

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The tract of land belonging to the State adjoining the Niagara river, including that ceded by the recent Treaty with the Seneca nation of Indians, comprehends the carrying place and line of communication between the Great Western Lakes. This, and other interefting confiderations arifing from its frontier situation, render it highly important that meafures be taken for its fpeedy and regular fettlement. The intereft of the State alfo requires more effectual measures than have hitherto been adop-ed to prevent waftes and intrufions on the public lands. It is to be feared that the indulgent conduct of Government has Although it was to have been expected only tended to increafe thefe pernicious. crimes would have multiplied with the in-practices. Moft of the offenders are ftrancrease of our population, it is with peculiar pleafure I obferve, that from the documents in my poffeffion it may be inferred with a degree of certainty, that for the left three years their number has been gradually diminishing. This circumflance, whilit it is highly gratifying to philanthropy, and refpectable to the community, demonflrates the wildom of the alterations made in our criminal code, by the rejection of fanguinary punifhinents and the fubftitution of a fyllem more congenial with the mild fpirit of our free government.

This, with other wife improvements which have from time to time been made in our laws, and the recent judicious revifion and amendinent of them, have given to our jurifprudence fuch a degree of perfection

as to induce a belief that any material alterations are at prefert unnecellary. Befides the obvious advantages attending the ftability of laws, it is effential to their due obfervance, that they fhould be generally known and accurately underflood, but this is impracticable whilft they are fubject to frequent changes, fince time is required to afcertain by judicial decifions, the legal import of fections, admitting of different conftructions; and fuch are too frequently to be found even in amendatory ftatutes. Should you, gentlemen, concur in this opinion, a greater portion of your time than ufual may be devoted to other objects.

The improvement of our fifcal concerns will naturally prefent itself to you as of fuperior moment, and the details contained in the Comptroller's annual report, will aflift in your deliberations on this important fubject, by fuggefting measures for rendering the funds of the State more pro. du&ive of revenue. The falutary effects refulting from the economical fyftem and judicious arrangements of the general Government afford an inftructive leffon; and if we pursue an example of fuch high authority and fo worthy of imitation, there is reafon to believe that, the finances of the State may be placed in a condition com

gers, ignorant of our laws, and it is time
they were taught that tranfgreffions are not
to be rewarded with favors:-Wholefome

fettlers will not risk their labor in im-
proving lands held by fo unjustifiable and
precarious a tenure, and found policy as
well as juftice forbid our encouraging thofe
of a different defcription.

laws on fome of the established officers, at the public expence, and at the fame time to prefcribe the manner in which fuch power fhall be executed. The difficulties which occur in devifing amendments to acts of this kind, without invading corporate rights, ought to ferve as an admonition to great care and circumfpection in framing future ones. How far it will be prudent to increase the number of these incorporations before the advantages to be derived from them by the public, fhall be more fully afcertained by a courfe of fair exper iment, is a question worthy of your ferious confideration.

The establishment of common schools'

has at different times engaged the attention of the Legiflature; but although its im portance is generally acknowledged, a diverfity of fentiment refpe&ting the best means has hitherto prevented the accom plishment of the object. The diffufion of knowledge is fo effential to the promotion of virtue and the prefervation of liberty, as to render arguments unneceffary to excite you to prefeverance in this laudable purfuit: Permit me only to oferve, that education, by correcting the morals and improving the fociety which are beyond the sphere of lemanners, tends to prevent thofe evils in gillation.

Gentlemen,

to deferve your notice, without detaining you any longer at this time, than to affure you of my beft endeavors to render your feflion agreeable; & that I fhall always con fider a cheerful co-operation with the Legiflature, in every meafure ca'culated to promote the honour of the itate and the happinefs of our conflituents, among the firft of my duties.

There is perhaps no object connected with the internal commerce of the State of greater confequence to its profperity than the Navigation of Hudfon's river, and under this impreffion the Legiflature have at different times granted confiderable fuis I fhall occafionally communicate, by which have been applied to its improve-meffage, fuch other matters as may appear ment and extenfion. It is obvious, however, that the advantages to be derived from thefe expenditures can be of but comparative fmall value, unlefs the public aid fhall be extended to the removal of the obftructions below this city, which greatly impede the paffage of the river, and are found to be annually increafing. If it (hould be deemed expedient to patronize this interefling undertaking, you will perceive the propriety of directing preparatory measures for afcertaining the best manner of accom. plifhing it, and of committing its execution to agents of your own appointment, as attempts on an injudicious plan might, without effefting the object, be productive of injurious confequences.

Some defects which had been discovered in the laws establishing Turnpike Road Companies, were fuggefted to the Legislature at the opening of the laft feffion. But although the evils apprehended from thefe defects were guarded against in the incorporating acts paffed fubfequent to that period; yet no remedies were extended to the impefections of the then exifting laws: And as in the fe no mode is prefcribed to exact a compliance from the companies with the intentions of Government, he trouble, expence and hazard of vindicating public rights devole on individuals. It is fubmitted whether it would not be expedent to confer the power of enforcing these

GEO CLINTON. Albany, January 25th, 1803.

Columbian Congress.

In the debate on Mr. Rutledge's motion, that thofe who would take upon themfelves the burden of arming their own militia, fhould be exempted from the duties. payable on the importation of arms, Mr. Davis, from KENTUCKY, delivered a fpeech reprobating in pointed terms the conduct of the Deemocrats in the houfe, with Meffrs. Randolph and Smith at their

head. The following extract from that fpeech contains a handfome fpecimen of well directed farcafm and happy allusion : [Evening Peft.]

Kentucky, Tenneffee and Ohio with arms,
but he was difcouraged from doing fo when
be faw a refufal to allow ftates to arm them.
felves when he faw refolutions paffed
to defend the rights of the citizens, and at
the fame time refusing them the means of
defending themselves.

connected with the affairs of Louifiana.

For what purpose this enormous expendi-
ture of public money can be neceflary it is
impoffible to conjecture; inafmuch as all
information relative to the actual flate of
our existing relations to that country has
been zealously oppofed and finally refuled.
Whether thefe two millions of dollars have
been appropriated and paid out of the trea-
fury:-Whether they are to be carried by

"Mr. Davis faid he could not reprefs his aftonifhment at the obftinate oppofition which had been made to that refolution. He could not but believe that the true reafons for that oppofition had been kept From the fpeech of Mr. Bayard, delivbehind the curtain, and that those which ered in the houfe of Reprefentatives, on had been offered to the houfe were merely the 11th January, it appears that the fecret intended to furnish gentlemen with an bufinefs brought before the houfe on that excufe for voting against the refolution. day, by Gen. Smith, was a propofition for When he looked at the conftitution and a Jecret appropriation of an immenie fum found that it was the duty of the general of money, no lefs than two millions of dolgovernment to organize and equip theirs, and that the muafure is in fome way militia, and when he heard it flated on that floor that certain individual flates had offered to take upon themselves the burden of arming their own militia, provided congrefs would confent to relinquish the duties upon the importation of arms, he was aftonifhed that any oppofition fhould be made. A few days ago the gentleman from Maryland (Mr. S. Smith) who now oppofed the refolution, delivered a fpeech full of vigour and fpirit upon the fubject of defending our rights, and of the ability and willingness of the people to repel every infraction of those rights. The gentleman then appeared to be infpired with a fpark from the altar of '76-Now he oppofes the arming of the milita-He wished to know how that gentleman intended to fight? whether like the ante-deluvians with clubs? or like the favages of the wilderness, with bows and arrows? Mr. Davis was not lefs furprifed at the conduct of the gentleman from Virginia (Mr. Randolph) who first oppofed the prefent refolution. That gentleman, a few days ago had affected to make a great difplay of his zeal for defending the rights of the western people, and maintaining the free navigation of the Milliflippi. And what, faid Mr. Davis has been done? What Subfequent to this tranfaction, another have we to fhew as proof of our refentconfidential meffage has been received ment of treaties violated? We have a from the prefident, and acted upon with little piece of paper about fo big, [fhew-clofed doors.Whether this is a call for ing his hand covered with Joft words about our fenfibility; and this I fuppofe is to be used as the children of Ifrael ufed thir brazen ferpent; it is to be held up in the fight of the people of the western country, and when they look upon it, they must be fatisfied for any injuries that they may fuffer in confequence of the violation of their rights.-The gentlemen, having carried that refolution, and publifhed thofe pompous words, now reft fatisfied and refufe to allow us to import arms for our defence. If we want defence, I fuppofe we fhall be told to look at that refolu

tion.

Mr. Davis faid it had been his intention to call upon congrefs to fupply the militia of

Mr. Monroe to the Firft Conful for the
purpose of infuring a more favourable re-
ception than our minifters formeriv met
with from the fame court: Or whether
they are to be employed as the mofl fatisfac.
tory argument which can be uled for con-
vincing the Firft Conful of the expediency
of continuing to us the free exercise of a
right long enjoyed and fecured by the
moft folemn ftipulations, are questions
which cannot be answered, and reipecting
which the people will probably never be
informed. The whole affair is involved in
profound fecrecy. All that can be conjec-
tured with any degree of certainty is that a
propofition has been made for fecretly
appropriating two millions of dollars,
and that the appropriation has fome relation
to Louifiana.

more money, and whether the call has been
complied with, the people cannot know.
It is fufficient for them to know that their
prefent rulers are wife, and honeft, and e-
conomical. The lefs they know of the
particular means adopted for fecuring their
profperity and happiness, the lefs likely
they will be to murinur and find fault that
fome other, and as they might fuppofe,
better mode was not chofen for accom-
plifhing the fame end.

[Gaz. of the United States.]

The Prefidential project of a Dry-Dock has been fcouted out of Congrefs, by the united voice of federalifts and democrats.

Be it our weekly task,

To note the passing tidings of the times.

Hudson, February 15, 1803.

CONGRESSIONAL NOTE.

It was our intention to have published, in regular detail, the proceedings of the prefent feffion of Congrefs. But this is found impracticable, and it is deemed unneceffary. We fhall, therefore, in future, felect fuch parts from the debates, &c. as are more immediately interefting to our readers. No fubject that has occupied the attention of Congrefs, has been of equal confequence with the ceffion of Louifiania to France, and the infraction of our treaty with Spain by the fhutting of the port of New Orleans-and, yet on no fubject, have the democrats (with very few excep tions) betrayed fuch a thameful apathy. In vain have the federal members exerted themfelves to obtain information on the

fubject. The Virginian Randolph, with a majority of the heufe of reprefentatives at his command, has fuccefstully oppofed every attempt of the kind. The federalifls` contend, that the fubjeét is of vaft importance, and of a preffing nature--that the prefident mentioned it, as fuch, in his meffage at the opening of the feflion-that the feffion is more than half spent, and that fufficient information is not received to enable Congrefs to act upon the business. The democrats, (at leaft fome of them) declare that it is a matter of but little confequence; and they uniformly oppofe evey motion for calling for information.-The democrats as if afhamed of their conduct, have tranfafted every thing relating to the affair, with clofed doors, notwithftanding the exertions of the federalifts for a different mode of proceeding.--Thus proceed the affairs of the nation under the reign of darkness. The executive keeps the reprefentatives of the people in the dark -and the reprefentatives, in their turn, keep the people themfelves in the dark.Indeed, indeed, this is a dark day !

FIRE AT SCHENECTADY. On the 5th inst. a fie broke out in a barber's shop in Schenectady, which destroyed 3 dwellinghouses, two stables, &c.

Foreign accounts state that Constantinople was almost entirely destroyed by an Earthquake on the 26th Oct. last. The seraglio and a great part of the city are stated to have been swallowed up. he earthquake was productive of the most extensive mischief in several parts of Turkey, particularly in Wallachia and Romelia.

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