If the contents could be known in any other way he fhould not think that it ought to be allowed a public reading in that House. He was of opinion that the American people are quite able to govern themselves without the aid of thofe who live upon the hofpitality and courtesy of the country, and who ought to know how to make a proper return for that hofpitality and courtefy. He well remembered the conduct of the aliens at the time the British treaty was under confideration-that vaft numbers of memorials were fent by them to our government, and many of them went fo far, as to difmifs perfons from their employment who refufed to frgn thofe momorials--He thought it time to put a flop to fuch liberties. Mr. Dennis believed that no example could be found in parliamentary proceedings of committing part of a petition and rejecting the reft. If the memorial was retered to a committee, it must all be refered, and muft all be read and confidered; as well the parts which are indecent as the reft. No divifion could be made-he confidered it as being impoffible in the nature of the thing. Befides, he thought it altogether unneceffary. If it fhould be thought neceffary to act upon the fubject, the facts were already before the house, and could be acted upon as well without at reference of the memorial to a committee as with it. He felt no difpofition to convert that houfe into an organ for conveying to the world the flanders of turbulent and troublefome foreigners, which would really be the effect of adopting the motion. Should the example be fet, people of that defcription would hereafter have nothing more to do than to communicate their flan-fixty-one. ders to that house and thus have them given out to the world Mr. Dennis faid he did not know what the gentleman from Pennfylvania (Mr. Smilie) meant by faying that all which was ftated in the meinorial was true. He obferved that the memorialifts flated that they were convicts-This part he prefumed was true-and he wifhed to know whether his colleague (Gen. S. Smith) thought it decent to place the flanders of foreign convids upon a level with the votes of gen tlemen upon that floor. He obferved further, that the memorialifts had ftated, as one part of their complaint against the late adminiftration, that our minifter at the Court of London had expreffed the with of his government that the ftate prifoners of Ireland and England might not be fent to the United States, and that in confequence of this cruel proceeding they had been fubjected to long and grievous imprifonments in their own. country. This, he prefumed, was alfo true; but he did not know that this had entitled them to come and read political lectures to the government of the United States. Mr. Bacon thought it would be time enough to attend to the requests of thefe people when they fhould come forward with a decent petition. To refer this memorial would, in his opinion, be holding out to the world, to other countries as well as this, the idea that the fureft way to please the prefent adminiftration is to cenfure the laft. He believed there was not a perfon in the House who wifhed that fuch an expreffion fhould be made. Mr. Claiborne faid there was nothing more repugnant to his feelings in general than to refufe to liften to petitions prefented to that Houfe. But viewing the tendency of that memorial he was almoft forry that he had called for the reading of it. The queftion was then taken by yeas and nays, "Shall the memorial he referred to a felect committee ?" and i was refolved in the negative; yeas twenty three, nays Be it our weekly task, To note the passing tidings of the times. >> Hudson, March 1, 1803. MORE OF THE WORKS OF GIDEON. WILLIAM GOODWIN, Efq. is turned out of the Poft-Office at Plymouth, Mafs. and JAMES WARREN, Efq. appointed in his place. The Governor of Maffachusetts has appointed Thurfday the 7th of April, as a day of Fafting and Prayer, throughout the Commonwealth. A line of flages is 'eftablifhed from Portland (Maine) to Savannah (Geo.) 1340 miles. In fummer the diftance will be run in 15 days, in winter, in 21. IMPORTANT. We collect the following Congreffional information from fundry extracts of letters, &c. which appear in the Evening Poft of the 22d ult. Mr. Coleman will excufe the liberty we have taken in condenfing. when the democrats (thofe that stick to the Prefident through thick and thin) took the alarm, and got the gallaries cleared; upon which Mr. Rofs declared that he would not offer his refolutions in fecret, and, therefore, dropped them at that time. The next day, the democrats, aware of the impreffion which fuch a proceeding would have upon the public mind, contented to open the doors, when the fubjoined refo Mr. Rofs, federal Senator from Pernfylvania, on the 16th ult. made a long, energetic and impreffive fpeech on the ftate of the nation, with particular allufion to the affair of New-Orleans. He was preparing to follow this up with refolutions conformable to the Spirit of his fpeech, lutions were offered. Refolved, That the United States have an indifputable right to the free navigation of the river Miffiffippi, and to a convenient place of depofit for their produce and merchandize in the island of New. Orleans. That the late infraction of fuch their unquestionable right, is an aggreffion hoftile to their honour and intereft. That it does not confift with the dignity or fafety of this Union, to hold a right fo important by a tenure fo uncertain. That it materially concerns fuch of the American citizens as dwell on the weffern waters; and is effential to the union, ftrength and profperity of thefe ftates, that they obtain complete fecurity for the full and peaceable enjoyment of fuch their abfolute right. That the Prefident be authorized to take immediate poffeffion of fuch place or places, in the faid ifland, or the adjacent territories, as he may deem fit or convenient, for the purpcles aforefaid; and to adopt fuch other meafures for obtaining that complete fecurity as to him, in his wifdom, thall feem meet. That he be authorifed to call into actual fervice, any number of the militia of the ftates of South-Carolina, Georgia, Ohio, Kentucky, Tenneffee, or of the Miffiffippi territory, which he may think proper, not exceeding fifty thoufand, and to employ them, together with the military and naval forces of the Union, for effecting the objets abovementioned. That the fum of five millions of dollars. he appropriated to carry into effect the foregoing refolutions; and that the whole or any part of that fum be paid or applied on warrants, drawn in pursuance of fuch directions as the Prefident may, from time to time, think proper to give to the fecretary of the treasury. The Wreath. [The following fable from the EUROPEAN MAGAZINE, of 1801, contains a most excellent moral.] TRUTH AND THE MILLER. CHILL A FABLE. was the air, and wide around To him the wretch her tale address'd, "For Heav'n's sweet sake, kind Sir! O! spare The rich of poverty and woe: "Vagrant, begone!" the good man cried- He spoke when, lo! before his eyes-- A sum of splendor grac'd her breast, As thus, with action dignified, And awe commanding voice, she cried "Detested wretch! immers'd in gain, On which you found your stale pretence; BUFFON, a French philofopher, of diftinguifhed learning and great fame, but an oppofer, and contemner of the facred volume, conjectured that the earth is a fragment torn off from the fun; that, it being, at the period of its firft diflodgement, a ball of lolid fire, it must have took fome thoulands of years to cool it to fuch a degree as to render its furface habitable : confequently, that the earth, near the poles, had formerly a proper degree of warmth for elephants, rhinoceri &c. ;and that in this way we may account for the skeletons of these animals being found in the polar regions. I believe I have not done (certainly have er any credit is due to this philofophical A diftinguished philofopher of our own lic a very ingenious theory, which (if true) feems to prove that the deluge was poffible even on natural principles. VOL. II. Be this question, however, as it may : -whether the deluge were a natural or a fupernatural event, its exiftence cannot be reasonably doubted; inafmuch as it is attefted, not only by facred history, but also by its evident effects over the face of the earth. The moft learned man in the world is fcarcely more able to dive into the arcana of the laws of nature, than a fly, that lights upon St. Paul's Church, is able to fcan its dimenfions and criticife on the juftnefs of its proportions. But if it were even granted, that, according to the ufual operation of the laws of nature, the united waters of the oceans and of the atmosphere could not be made to cover the earth, to a height much above thirty feet, it is ftill more rational to admit a fupernatural agency, than to deny the fact :—a fact or event, that accounts for a multitude of phenomena, which are utterly unaccountable on any other known principle. W. TERMS OF THE BALANCE. To City Subscribers, Two Dollars and fifty cents, payable in quarterly advances. To Country Subscribers, who receive their papers at the office, Two Dollars, payable as above. To those who receive them by the mail, Twa Dollars, exclusive of postage, payable in advance. A handsome title-page, with an Index or Table of Contents, will be given with the last number of each volume. Advertisements inserted in a conspicuous and handsome manner, in the Advertiser which accompanies, and circulates as extensively as the Balance. Complete files of the first volume, which have been reserved in good order for binding, are for sale -Price of the volume, bonnd, Two Dollars and fif ty cents-unbound, Two Dollars. The whole may be sent, stitched or in bundles, to any post-office in the state, for 52 cents postage; or to any post-office in the union for 78 cents. AGENTS FOR THE BALANCE. IN ADDITION TO THOSE HITHERTO MENTIONED. PUBLISHED BY SAMPSON, CHITTENDEN & CROSWELL, The COLUMBIAN AND Balance, REPOSITORY. Political. FOR THE BALANCE. 66 HAIL SACRED POLITY, BY FREEDOM REAR'D ! 46 HAIL SACRED FREEDOM, WHEN BY LAW RESTRAIN'D !" BEATTIE. HUDSON, (NEW-YORK) TUESDAY, MARCH 8, 1803. ON THE IMPOLICY OF A SPEEDY ADMISSION THIS No. I. HIS country is a vaft refervoir, into which are continually pouring fuch polluted streams as powerfully tend to corrupt and poison the whole mals. The flood-gates of emigration are fet open. Europe, for the last ten years, has been in a ftate of general and violent fermentation; and the froth and lees which that fermentation had produced, are thrown out upon The jails and dungeons of foreign countries are discharging their filthy contents into our land, which feems doomed us. their perfons, a goodly land, which of- ment of an independant and great nation fers them food and raiment. It is not e- fo infulted by vagabond strangers, who nough that they enjoy the rights of hospital- were fubfifting on its bounty. If these ity: "that they are permitted to land aliens had come over in an embodied army quietly on our fhores; that they will be fifty thousand ftrong, and with a defcendprotected equally with our own citizens, ant of William the Conquerer, or with a in their persons, and in the acquifition and brother or coufin of Bonaparte at their enjoyment of property; that our courts head, they might, with a pretty good grace, of justice are open to them to feek redrefs have declaimed against the oppreffion and of injuries; and that they are permitted tyranny of our laws, and demanded a new peaceably to return to their own countries, order of things,-not as a favour, but as whenever they please, and to carry with their right. In fuch a commanding attithem all their effects."-They defpife and tude, they might have pleaded their right oath this precious Manna, that is incef- to a fhare or even to a monopoly of the fantly diftilling upon them, and falling in national fovereignty, in language of fcorn, celestial fhowers around their tents; and invective and reproach. But (unless conof which they are admitted to the gratui- vinced of their duty by the all-powerful tous enjoyment.-No immunity, no priv-logic of a conquerer) the fovereign people ilege, fhort of the right of fuffrage which of this country are not yet quite prepared is a participation in the national fovereign- to endure, from vagrant hordes, buffetty, can fatisfy these haughty and trouble-tings and spurnings in return for hofpifome ftrangers. No fooner are they land- tality; nor have they, in the "march of to become a Botany Bay; and, fcape-ed on our fhores, than they affert their fentiment," attained to fuch an unboundgoat like, must be loaded with maledicclaims in a haughty tone, and in the lan- ed regard for "oppressed humanity," as tions and must bear, tho' hot the iniqui-guage of menace and invective. They to be willing that foreign convicts and ties, (what is nearly as intolerable) the convulfe our fea-ports ;-they arreft the gallows-fcapers fhould fcornfully tread upculprits of Europe. progrefs of business in Congrefs, by obtruding themselves, from time to time, as the all-important object of legislative attention.-While as ignorant almoft of the nature of our republican government, as if they had come from another planet,* they inftantly on their arrival affume the province of political teachers and dictators and even in their addresses to government, they have the audacity to reproach our laws and to pour the cup of fcorn and infult upon men, who had borne "the heat and burthen of the day," during our perilous revolution. Moft readily is it granted that many of the emigrants to this country are peaceable, induftrious, ufeful people: they quietly betake themselves to their refpective callings, and are a valuable acquifition to the nation that adopts them.It is from the fwarm of idle, reftlefs, turbulent and factious characters, who neftle together in our largest towns and cities, that the peace of the country is wounded and its liberties jeopardifed. These outcafts from European focieties, these scapelings from the gallows are not contented to find here a se cure affylum, an inviolable protection of on their own necks. ONE OF THE PEOPLE. *No circumstance could afford a clearer demonstration either of the ignorance or extreme absurdity of our new political lecturers, respecting the nature of government, than the following sentiments in their late memorial to Congress: namely," that to tax him, (an emigrant,) imprison him, or put him to death, by laws, in the framing of which he was not represented, is to exercise against him an act of tyranny." According to this principle, if an emigrant or an alien, the day that he lands on our shores, should steal, rob, or murder, it would be an act of tyranny to punish him; because, forsooth," he was not Never perhaps before was the govern- represented in the framing of our laws.” MEMORIAL OF THE CIRCUIT JUDGES. To the Honourable the Senate and House of Representatives of the United States in Congress assembled, THE UNDERSIGNED Mo? Refpedfully Submit the following Reprefentation and MEMORIAL. BY an act of Congrefs paffed on the thirteenth day of February, in the year of tour Lord one thoufand eight hundred and one, entitled, "An act to provide for the more convenient organization of the courts of the United States," certain judicial offices were created, and courts eftablished, called Circuit Courts of the U. nited States. In virtue of appointments made under the conftitution of the United States, the underfigued became vefted with the offi ces fo created, and received commiffion authorizing them to hold the fame, with the emoluments thereunto appertaining, during their good behaviour. During the laft feflion, an act of Congrefs palled, by which the above mentioned law was declared to be repealed; fince which no law has been made for afligning to your memorialists, the execution of any judicial functions, nor has any provif ion been made for the payment of their ftipulated compenfations... Under thefe circumftances, and finding it exprefsly declared in the conftitution of the United States, that "The Judges both of the Supreme and Inferior Courts Shall hold their offices during good behaviour, and fhall, at flated times, receive, for their fervices, a compenfation which shall not be diminished during their continuance in office," the undersigned, after the moft deliberate confideration, are compel led to reprefent it as their opinion, that the rights fecured to them by the conflitution, as members of the judicial department, have been impaired. With this fincere convifion, and influenced by a fenfe of public duty, they mofl refpe&fully request of Congrefs to review the exifting laws which refpeft the officers in queftion, and to define the duties to be performed by the undersigned, by fuch provifions as fhall be confiftent with the con flitution, and the convenient adininiftration of juftice. The right of the undersigned to their compenfations, the y fincerely believe to be fecured by the conftitution, notwithstanding any modification of the judicial department, which, in the opinion of Congrefs, public convenience may recom mend. This right, however, involving at perfonal intereft, will be cheerfully fubmitted to judicial examination and decifion in fuch manner as the wifdom and impartiality of Congrefs may prefcribe. That judges fhould not be deprived of their offices or compenfation without mifbehaviour, appears to the undersigned to be among the first and beft eftablished principles in the American conflitution; and in the various reforms they have undergone, it has been preferved and guarded with increased folicitude. On this bafis the conflitution of the United States has laid the foundation of the judicial department, and expreffed its meaning in terms equally plain and peremptory. This being the deliberate and folemn opinion of the under figned, the duty of their flations requires that, they fhould declare it to the legillative body. They regret the neceffity which compels them to make the reprefentation, and they confide that it wil be attributed to a conviction that they ought not voluntarily to furrender rights & authorities entrusted to their protection, not for their perfonal advantage, but for the benefit of the community. Balance Closet. LIBERTY OF THE PRESS. No. III. WITHOUT stopping to notice the factious un. derlings of opposition, who formerly clamowed against the Sedition Law, in grog-shops, in tavern bar rooms, at election-polls, and in the democratic newspapers, we advance directly to the leaders of the patriot band, who leagued themselves together to save the republic." In the very foremost rank of this band, like an herald or a trumpeter, appears the Attorney-General. It can afford neither pleas ure nor profit to wage war with this man. In order to gain a complete victory over him, it is only necessary to hold him up to public view-to exhibit him as he is. The people, if correctly informed, will never fail to judge correctly. In December, 1798, the General Assembly of Virginia passed sundry inflammatory resolutions, in which the Alien aud Sedition Laws were pointedly condemned-the Sedition Law in particular-"be"cause (said the resolution) it is levelled against "the right of freely examining public characters and "measures, and of free communication among the people thereon, which has ever been justly deem. "ed the most effectual guardian of every other right." These resolutions were sent to the legislatures of the several states for their concurrence. Those states generally, in which democratic principles preponderated, gave them their hearty approbation. In January, 1800, the Virginia Assembly received and approved the report of the committee to whom was committed the proceedings of sundry states in answer to the above-mentioned resolutions. This report was printed and circulated; together with the instructions of the Assembly to the Senaters in Congress from Virginia, concerning the Sedition Act, &c.-If the circulation of this pamphlet had been confined to the state of Virginia alone, it would not, perhaps, have claimed a moment's attention here; and there certainly could not, in that case, have been any propriety in declaring that our Attorney-General approved of and adopted the sentiments contained in it: But we have to inform the reader that Mr. Spencer was at part of the expence of having that pamphlet re-printed and circulated in this state.* It becomes our duty, therefore, to contrast its leading principles, with those by which Mr. Spencer now affects to be governed. Of the freedom of the Press, the report speaks in the following manner : 66 66 66 "The freedom of the prefs under the "common law, is, in the defences of the Sedition a&t, made to confift in an ex"emption from all previous restraint on printed publications, by perfons authorized to infpect and prohibit them. It appears to the committee, that this idea "of the freedom of the prefs, can never "be admitted to be the American idea of "it: fince a law inflicting penalties on "printed publications, would have a fim"ilar effect with a law authorizing a pre"vious reftraint on them. It would feem Let the reader bear in mind, that the man who but about three years ago, lent his aid in propaga ting the above sentiments; is the same AttorneyGeneral, who now carries on a prosecution against the junior editor of this paper, under the most rigo. rous construction of the common law. Yes! strange as it may seem, the same man, who so lately declared, in effect, that the common law idea of the liberty of the press, could never be admitted in America; who declared also, that the press ought to be exempt, not only from previous restraints, but from the subsequent penalty of laws, has now the unblushing impudence to attempt (under the authority of the common law of England which declares truth to be a libel) to subject a printer to PENALTIES!! Here is much room for reflection: But, we proceed with the report: "Without fcrutinifing minutely into "all the provifions of the Sedition act, it *By BAREER and SOUTHWICK. " will be fufficient to cite fo much of fec**tion 2, as follows: And be it further * enacted, that if any perfon fhall write print, utter or publish, or fhall caufe "or procure to be written, printed, utter**ed or published, or fhall knowingly and willingly affift or aid in writing, print"ing, uttering or publishing, any falfe, "fcandalous and malicious writing or "writings against the government of the * United States, or either house of the Congress of the United States, or the "Prefident of the United States, with an "intent to defame the faid government, "or either house of the faid Congress, or "the Prefident, or to bring them, or ei"ther of them into contempt or difrerepute; or to excite against them, or "either, or any of them, the hatred of 86 the good people of the United States, "&c. Then fuch perfon, being thereof "convicted before any court of the Unit 44 ed States, having jurifdiction thereof, fhall be punished by a fine not exceed"ing two thousand dollars, and by im. prifonment not exceeding two years." "On this part of the act the following "obfervations prefent themfelves. 36 "And it cannot be avoided, that thofe "who are to apply the remedy must feel, "in fome degree, a contempt or hatred against the tranfgreffing party. 66 66 "It is obvious, that the intent to defame or bring into contempt or difre. pute, or hatred, which is made a con"dition of the offence created by the act; "cannot prevent its pernicious influence "on the freedom of the prefs. For omit. "ting the enquiry, how far the malice of "the intent is an inference of the law "from the mere publication, it is manifeftly impoffible to punish the intent to bring those who adminifter the govern. "ment into difrepute or contempt, with"out ftriking at the right of freely difcuf 66 66 66 fing public characters and measures: "because those who engage in fuch dif"cuffions, muft expect and intend to ex"cite these unfavorable fentiments, fo far 66 66 66 as they may be thought to be deferved. To prohibit therefore the intent to excite thofe unfavourable fentiments against those who adminifter the govern"ment, is equivalent to a prohibition of the actual excitement of them, is e"quivalent to a prohibition of difcuffions "having that tendency and effect; which, 66 66 again, is equivalent to a protection of "those who adminifter the government, "if they fhould at any time deserve the contempt or hatred of the people, a"gainft being expofed to it, by free ani. madverfions on their characters and con 66 duct. Nor can there be a doubt, it "thole in public truft be fhielded by pen"al laws from fuch strictures of the prefs "as may expofe them to contempt and difrepute, or hatred, where they may "deferve it, that in exact proportion as 66 they may deferve to be expofed, will be "the certainty and criminality of the in"tent to expose them, and the vigilance "of profecuting and punifhing it; NOR "A DOUBT, THAT A GOVERN. "MENT THUS INTRENCHED IN. 66 PENAL STATUTES, AGAINST THE JUST AND NATURAL EF"FECTS OF A CULPABLE AD"MINISTRATION, WILL EASILY "EVADE THE RESPONSIBILITY "WHICH IS ESSENTIAL TO A "FAITHFUL DISCHARGE OF ITS " DUTY." These were the sober, serious, deliberate senti. ments of the august assembly of the state of Virginia, at a time when the government of the United States was administered by federalists. That the Virginia democrats should, at such a time, under such circumstances, entertain such sentiments, is not surprising, Their political opponents held the reins of power. The President was not a native of the "ancient dominion." A majority of both houses of Congress were friends of the President and his measures. These watchful guardianns of the people's rights, therefore, were unaccountably tormented by jealousy. They supposed, (as well as the constitution) that the President and Congress, "from defect of judgment, or other causes," might not" discharge their trusts." They thought it extremely "natural and proper," therefore, that the said President and Congress "should be brought into contempt and disrepute, and incur the hatred of the people." They believed that this contemp", and disrepute, and hatred, could only be excited bø "free examination," and "free communication" among the people. They considered it as the duty of every intelligent and faithful citizen," to "promulge freely" such TRUTHS or FALSHOODS as would tend to create such "contempt or hatred against the transgressing party."--And they, with one accord, declared, that the Sedition Law, which punished the publisher of falshoods concerning the government, was an alarming infraction of their rights (their right of telling falshools!) It is not surprizing, that the men who held such an unfavorable opinion of the Sedition Law, should also dis. approve of the common law. Neither is it surprizing that our Attorney-General should concur with them in all their sentiments, and adopt them as his But it is really astonishing that he should, after the adoption and promulgation of such senti ments, become the pretended avenger of the Wrongs of the Press-that he should attempt to erect a barrier around the government, to prevent the scrutiny of investigation-that he should endeavor to shield our rulers from the "free examination" of the peo, ple, by the provision of a tyrannical Common Law; and that he should now exclaim against that licentiousness, which he once declared to be "natural and proper."-But, let it be considered, that the power which, hrce years since, was in the hands of the federats, is now in possession of the demo own. crats. We made a trifling omission in copying the Sedition Law into our last. But the same passage is correctly inserted in this number. THE FRENCH REVOLUTIONARY MILL. A facetious writer, some years ago, in a Dedharu paper, Massachusetts, remarked;" The French seem resolved to make Spain pass through the revolutionary grist-mill. There will be much bran !--If Portugal should be.ground, the millers expect to take great toll. The mill for America is expected to be a saw mill. If the French should get the Floridas and Louisiana, they will take Georgia and Tennessee for what we call slabs, or the outside of the log. But New England, the heart of the oak, (he observed) is too tough to be split." The French saw mill, that has been constructed for the United States, is now in motion; and unless the most vigourous efforts be used to obstruct its wheels, it will speedily cut asunder the union. It will quickly cut off the outside, Georgia and the Western territory, as slabs, and will then gradually proceed toward the heart of the timber. Indeed even in New-England, there is some timber so purky that the French saw might easily pass through it, particularly the little state of Rhode Island; but it is so puny and lies so remote withal from the saw mill, that an attempt to sunder it from the solid oah, with which it is surrounded, would, like the Indian's gun, cost more than it would come to. A circumstance that promises success to this French saw mill, is, that Bonaparte, the proprietor, will probably dispose of some shares in his patent to a number of enterprising characters in this coun try. |