Слике страница
PDF
ePub

FOR THE BALANCE

MR. CROSWELL,

As the editor of the Bee, declines publishing the following piece, (for want of room) you will please to give it a place in the Balance.

Another of the family! Huzza for our party!

ON Saturday, the 7th inst at the house of Joachim Miller, in the town of Claverack, or isely at 59 minutes, and 59 seconds after 11 o'clock, A. M. was brought forth (I mean as candidate for a seat in Congress) Edward P. Livingston, son-in-law to the late Chancellor Livingston, Some may doubt, (as this gentleman is not better known in the county than if he had dropt from the moon the day before) whether he posseses talents adequate to discharge the duties of that situation with advantage to the state. Weak must be the mind that suggests such doubts. Is he not the son in law of the late Chancellor Liv. ingston, who is the brother-in-law of Chief Justice Lewis, who is the brother-in-law of Secretary Tillotson, who is the brother-in law of Senator Armstrong, &c. &c. &c ? This is enough, in all conscience, to satisfy every genuine republican that Mr. Edward P Livingston possesses every qualiti sation necessary for a seat in Congress, or any other office He that denies or even doubts this, is a Burrite indeed. Genuine republicanism, dwells not in

him.

Others are seriously alarmed at placing so much power in the hands of a family, who now hold almost all the offices in the stare worth having, and whose opulence, independent of the influence gained by offices, gives them too great a controul in elections. This, they say, is inconsistent with the true principles of a republican government, and danger. ous to its existence. These fears are increased by casting an eye over the history of ancient republics, all of which, in succession, have been destroyed by placing too much power in the opulent families. These are childish fears. I shall prove them so, and logically. The opulent families in the ancient republics, into whose hands the people put all offices, were proud, haughty and ambitious; but the Livingston family are neither proud, nor haughty, nor ambitious. Therefore, the state of New York will retain its republican form of government unimpaired forever, provided chief justice Lewis is now elected, (unless the family should become extinct, which, from present appearances, is a very remote contingency.) Some may deny the truth of these premises; such, if any there be, I must refer to the Barometer-man, who has proved, quite as logically as I have done, that it is perfectly consistent with true republican principles. to place all the offi. ces of honor and profit in the family of our candidates.

The Burrites alarm many of our weak brethren with declaring that if the Chief Justice should be elected it will be impossible, ever hereafter, to get a Governor from any other but the Livingston family. This is what we wish and of which we entertain no doubt. Lucas Elmendorff says, (and this Lucas is a wise man) that the Chief Justice is well calculated "to attach and cherish the interests of party." If elected he will then be furnished with the means to "attach and cherish party." Would be sheriffs, county court clerks, judges, justices, coroners, surrogates, masters in chancery. vendue masters, inspectors, &c. &c. &c. will rally around him. Who can doubt, with those means and the power already in hand, a perpetual family establishment?

One, and only one thing, yet remains to be done, that is to get the chief justice elected. I do not believe that the advocates of Colonel Burr are nume rous; but we all know they make a great noise throughout and in every part of the state. A pru. dent general ought never to despise the force of his enemy. Let us rouse and rally round the chief jus tice-much has been done, much re nains vet to be done-rich in the means he his to reward merit, let us write and publish handbills an I pamphlets a

so that they may be in every man's hand. Circulate them three or four days before the election: it then will be of no importance whether their contents be true or false Neither the Vice-President nor his frieads will have time to contradict or prove the charges to be false until the die is cast. After the election they may examine them at their leisure. What though a few suits might be commenced The Livingston and Clinton families have money enouga. I would caution our party against, nay be. seech them, when they write pamphlets and handbills, not to refer to persons by name to prove the crimes charged therein against the vice president -for this leads to easy detection. Our trusty friend Cheat'em has almost ruined us by this imprudent measure; three persons to whom he referred have come forward and denied every thing he asserted. Every man to his post-" docti et indocti scriba. mus." Let us all write-if we now fail our party is completely and forever done over. What is become of the Hudsonian, and other friends, whose elegant pens have graced the columns of the Bee for weeks past? Do they slumber at their posts? Are their hands become palsied? Or have they deserted our standard and turned Burrites I had almost completed a pamphlet, but before finished I began to feel squeamish at the number of falshoods I had collected and marshaled in good order to destroy the reputation of colonel Burr-Be this the task of the Hudsonian. I shall be at my post.

A LEWISITE.

Editor's Closet.

To William Wilson, Esq. & Thomas Jenkins, jun.

As you have placed your names at the bottom of about a yard and an half of electioneering nonienfe and falfhood, I hope you will pardon the liberty I have taken in placing them at the top of a few inches of truth. I know not what you have done to merit the difgrace of having the whole weight of the democratic handbill thrown upon your fhoulders—a difgrace certainly but little thort of having your ears nailed to the pillory. I can compare you to nothing but elephants, with caftles upon your backs; and I am fomewhat apprehenfive that in my attempts to demolish your paper-cafile, fome scattering fhot may graze your own hides.-But, hold-I have taken the tail for the head;" and fo, Meffrs. Willon and Jenkins, I will leave you for a moment, and begin with the top of your handbill.

66

"REPUBLICAN NOMINATION." Why you have dared to vary from the copy fet by your mailers at Albany-why you have had the prefumption to drop the word "genuine," it is difficult to deter mine. However, in looking over the gainst Colonel Buir, and spread them far and wide firing of committee-mea paraded below, I

find, now and then, a Burrite placed in bad company, and this undoubtedly prevenis the handbill from being completely “ genuine."

First on your lift of candidates, ftand Morgan Lewis and J. Broom, for Gov. ernor and Lieutenant Governor. They may content themselves with being candi dates, for they will probably rife no higher this year. Next comes Stephen Hogeboom, for Senator. This man is remarkably fortunate, or he never would have fucceeded in this nomination; for ftrange as it may seem, even the genuines of this county are divided among themselves. This Mr. (or judge) Hogeboon and Thomas Jenkins, fen. (mayor of this city) were both loud in their claims for the fenatorial feat; and the difpure was finally fettled by ballot, when the judge beg the mayor by two votes. Next follows El. ward P. Livingston, for member of Congrefs. This is the most cruel cut of all. Prithee, Meffrs. Wilfon and Jenkins, how could you be fo blind to the preten fions of the famous Do&or Y? How could you be fo deal to the calls of patriotifn.? Do you not know that the Doctor has long been fighing for a feat in Congrefs? Do you not know how great his fervices have been in the caufe of democracy? Then how could you thus neglect him? I understand the doctor is preparing a very long appeal, in which he fpeaks very feelingly of the "ingratitude of republicks." Whether it will be writ ten in profe or verse-whether in the affecting file of the "Returned Captive," or the more winning language of electioneering addreffes, I know not. I venture, however, to predict that it will be excel. lent.

[ocr errors]

Among your candidates for the affembly, I find the name of John King. Now, good Meffrs. Chairman and Secretary, will you inform me, that I may tell my readers, who this Mr. John King is ? I have made confiderable enquiry, and can find nobody who knows the man. However, I commend your laudable attempt to drag fhining talents from obfcurity. This thal be confidered as a fet-off against your ill. treatment of the doctor.

I obferve that no less than fix of your committee-men, belonged to that noted granejury by whom I was indicted for libelling the prefident. Fine republicans indeed! Republicans, exactly fit to fup

port

fuch a man as Morgan Lewis! But, enough faid on this fubject.-Next comes your addrefs. This thing, though little more than a repetition of thread-bare falfhoods and electioneering rant, fhall nev. ertheless detain me a few moments.

Before you have ftruggled through twenty lines, you tell of a "confcientious exercife" of your elective rights-of your

"facred regard to the public interest

and of abandoning " every felfish confideration." This is all trumpery. The moft careless observer in the country knows, that a good falary will put the conscience of any democrat at reft-that "genuine republicans," will facrifice the public intereft at any time to promote their private views; and who ever heard of their abandoning selfish confiderations ?

You next fay, "The queftion with each "of us fhould be-Will I put forth my "hand to fupport a party whofe measures "have involved the country in a greater

46

depth of diffention, expence, and alarm, "than we have ever experienced fince our "existence as a nation ?"

This question is eafily afked, and as eafily answered. Every honeft man will anfwer it in the negative-every thoroughgoing "genuine" democrat in the affirma. Live. When, fince our existence as a nation, has the country been involved in greater depth of diffention, expence and alarm, than at the prefent moment? Will you, Mr. Chairman, or you, more impudent Mr. Secretary, tell us that diffentions have ceafed, when in the remoteft corners of the ftate, nothing but difcord prevails-when mobs are collected, in fome places, to tear down printing-offices,and when your tools are compelled to threaten their opponents with STABBING IN THE DARK? Does not alarm and terror pervade the state? Has not the reigning laction, by tyranny, perfecution and violence, almost smothered the voice of reason and of truth-frightened the timid from theirduty-and even excited apprehenfions in the breafts of the refolute? No enemy to alarm and diffention, then, will put forth his hand to fupport the reigning party.

In reply to what you fay about " fecuring the bleffings of peace," I would only afk how many Americans are now in Tripoli, loaded with the chains of bondage ? Did the bleffings of peace" throw thofe unfortunate men into flavery?

genu

[ocr errors]

lightened beyond all former example, if "our country is flourishing and refpecta"ble, what other proofs can we ask of the "rectitude and beneficial tendency of the "administration of our government ?" This little if feems to be a very convenient thing to take the edge from the most impudent falfhoods; and I am furprized, gentemen, that did not make further ufe of it. You might have added a fentence like the following-IF all our brother democrats are honeft men, what other proof do you want of their fitness for office? IF James Cheetham and Charles Holt never tell lies, what further proof do you want of their being men of veracity?

you

Next, you tell us of a score of frightful things which "WE HAVE NOT!" This kind of argument, too, you might have purfued much further. You might have told us that we have no earthquakes-that the ocean has not become dry-that we have, as yet, no guillotines-that we have not been eaten by the Indians; and a thousand other fine things, which would have proved moft conclufively, that the democrats are the very best, and the feder. alis the very worst, men in the world. Not content, however, with this negative praife, you foon wander into the regions of fiction, and begin to tell us what" we have!"

Louifiana, and the " mighty ftream of the Miffifippi," follows of course; and why the falt mountain is omitted I cannot tell. This new country furnishes every democratic fcribbler with a theme. Indeed, I believe if the whole furface of the territory was parchment, and all the waters of the Miffiffipi, ink, both would be exaufted in praifing the prefent adminiftra

tion.

Since Gallatin has had the management of our money matters, it is no uncommon thing for the democrats to fay, that our profperity has increafed" beyond calculation." This is repeated in your address. You probably have fome reference to the almoft innumerable blunders of the Secre

tary, in his annual reports; and you doubtlefs think, that, because our money affairs are beyond his calculation, they are beyond all calculation: But you are miftaken. An American, and an arithmetician

might calculate the amount of our profper

Next comes the very effence of " ine republicanifm," the very marrow of chimney-corner patriotifm :-"We have only to feel in our pockets (you fay) to convince us of the part we ought to take." This fentence may be explained in two First, the more fortunate genuines ways. (like you, Mr. Chairman) may, by feel.ity to a cent. ing in their pockets, find fome of the rewards of patriotilm-Second, the lefs for tunate ones (like you, Mr. Secretary) who have never yet been able to get an office, may find, in an empty pocket, ftrong arguments to convince them of the part they ought to take. It is much to be feared, that, between you both, the pockets of the people will be fadly rifled.

[ocr errors][merged small]

In one part of your addrefs, you talk reasonably and honeftly, and, if I thought you fincere, I would give you full credit for it. You say, that if you could but make use of proper means (fuch as juftice, honor and truth) you would not fail of complete fuccefs.-What a pity it is that you cannot make use of these means!

On wading through your address, I find but little elfe, that claims attention. The

[merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small]

If you, or any body elfe, can point out in what refpect the exercife of civil and religious liberty, is cherifhed and protected in any greater degree, than at any other period fince the revolution, you will no doubt oblige the people by doing it. Common eyes are too dim to fee thefe things. Nothing fhort of the fuperior penetration of Dr. Wilfon and Tommy Jenkins can discover them. In the next place, I wish to know, and the people doubtless wish to know alfo, in what inftance our legislators have fhewn their devotion to the correction of every old abuse and error.-I know' of no old abuse or error that has caufed more complaint, than Judge Lewis's worm-eaten doctrine concerning the liberty of the prefs. And will you pretend that our democratic legiflators have fhewn any difpofition to correct it ?-Again, good Meffrs. Chairman and Secretary, do inform us what improvements have lately been made in the ftate-fare an improvement in the mode of electing governor.

Let thofe concerned in the Merchant's Bank, bear witnefs how well the rights of the people have been protected, and their interefts advanced.

With regard to your candidates for the legiflature, I have liule to fay concerning them. Two of them were members at the laft feffion; and I beg leave to ask them a few questions

Have you diminished any taxes? Have you reduced any falaries ? Have you abated your own wages? Have you done any thing to promote the commercial, agricul tural, or literary interefts of the flate? In fhort, have you done any thing more than to concert measures to promote the election of one Morgan Lewis, governor; and of yourselves to feats in the legislature ?

HARRY CROSWELL.

Several Closet articles and communications are unavoidably postponed to make room for electiooneering matter. They shall be attended to next week.

124

TO READERS.

We are induced to dispense with our usual variety, to give place to the following interesting document.

From the Baltimore Federal Gazette.

GENTLEMEN,

AS foon as there appeared reason for believing, that the houfe of reprefentatives intended to adjourn, without preferring articles before the fenate, in fupport of the impeachment voted against me, the inclofed memorial was prepared, and tranfmitted (on Saturday laft) to a member, with a requeft, that he would prefent it, if such an intention fhould be afcertained to exift. On laft Monday, the morning of the day previously fixed for adjournment by a joint refolution of both houfes, articles of impeachment were reported by the committee; but it was clearly impoffible for the house to act upon them; nor does the time until which they were kept back, leave the leaft room for fuppofing, that the committee, who made the report, intended that they fhould be acted upon before adjournment.

But whatever may have been the intention with which they were reported, at fuch a time, the effect undoubtedly will be, that they will pafs into the public prints, under the fanction of a committee of congrefs, and even under the apparent fan&tion of the houfe itself; and that as they contain the moft aggravated and inflamed conftruction, which it was poffible for paffion and party fpirit to put on the ex-parte evidence, whereon the vote of impeachment was founded, they will become a very power. ful engine in the hands of calumniators and party zealots, for heightening to the ut moft the prejudices and odium, which all the former proceedings in this cafe are fo well calculated to excite.

The report of thefe articles prevented the memorial from being prefented; the member to whom it was fent having been of opinion, that the cafe, in which it was my wifh to have it prefented, did no longer exift. But as thefe articles have not been adopted by the house, or even confidered; as they must be taken up at next feflion, and may then be rejected, or wholly varied; as the charges which I am to answer, and against which I ought to have been placed in a fituation to prepare for defending myfelf, are thus left in the fame ftate of uncertainty as before the report; and as this report, far from accomplifhing the object which the memorial feeks, can have no other effect than to increase and aggravate the injuries whereof it complains; I deem it proper now to make

The Balance:

it publick, as an appeal to my country, to the world, and to pofterity, againit the injuftice and illegality of the proceedings in this cafe, and as a folemn proteft against the principles on which they are founded. I therefore requeft that you will please to infert it, with this letter, in your ufetul and refpe&table paper.

That it may be feen that my impreffion of the articles reported by the committee is not erroneous, I enclofe a copy of them, and requeft that you will infert them after the memorial. It is proper to ftate that four (I believe) of the five members of the committee, who reported the articles, were the fame members who collected and re.

ported the teftimony, and that fourteen days elapfed between the time when this committee was ordered to report articles, and the time when the report was actually made. This fact will affift in forming a judgment, as to the views with which it was kept back until the laft day of the feffion. Had the report been made fooner, as it might eafily have been, the articles might have been rejected by the houfe; or might at least have been deprived, by amendments, of part of their wanton venoin and abule.

I am, gentlemen,

Your obedient fervant,
SAMUEL CHASE.

Baltimore, March 29, 1804.

Judge Chafe requests the editors of all the new papers in the United States to infert his letter and memorial, and the articles of impeachment reported by the com

mittee.

To the Hon. the House of Representatives of the

United States.

MEMORIAL

without any thing of this kind being done; that a vote of impeachment, refting on no precife or fpecific charges or fa&s, and fupported only by exparte teftimony, is about to be left hanging, for a whole year, over his head, and that the publication of this teflimony is permitted, in such a way as to render it moft injurious to his reputation, without leaving to him that poffibility of com bating it by counterproof; his duty to that character, which he has fupported unimpeached during a period of forty years, thro' the troubles, difficulties, and dangers of all the American revolution; to his family, whofe happiness, respectability, and eflablifhment in life, are materially implicated in whatever concerns his good name; to his country which has honoured him with many high and important trufts; to his of fice which requires a reputation not only unfpotted but unfufpected; and to him. felf-forbids him to remain longer in filence.

He therefore refpe&fully folicits and intreats, that your honourable body will not fuffer an adjournment to take place, uniil articles of impeachment fhall have been preferred against him. Thus, although an immediate trial, which his feelings would lead him to prefer, may not be poffible at this protracted period of the feflion, fill he will be enabled, knowing the precife charges against him, to make vigorous, Ipeedy and effe&tual preparations for his defence, to repel the malignant calumnies by which he is indufrioully and uncealingly affailed, and fully to vindicate that innocence, for which he folemnly appeals to the Almighty Searcher of hearts, to the teftimony of his own confcience, to his country and to an impartial poflerity. He is far from arrogating to bimfelf an exemp tion from the ufual portion of human frail.

ty. But for the purity of his intentions,
for the uprightnefs of his conduct, and
for the faithful and confcientious difcharge
of his official duties, on all occafions, ac-
cording to the beft lights of his under-

Of Samuel Chase, one of the associate justices of the Supreme Court of the United States. With the refpect due to a branch of the government of his country; but with the franknefs which confcious and injur-landing; he confidently appeals to that ed innocence has a right to affume, and which an early, zealous, and conflant fupporter of American liberty ought to use; your memorialift approaches your honora. ble body, to lay his complaints at your feet, and to call on your juftice for redrefs.

He has delayed this ftep until fo late a period of the feffion, because he still indulged the hope, that your honorable body would not adjourn, without reducing the charges against him to fome specific form ; fo that he might be enabled to know of what he is accufed, and to direct his attention immediately to the means neceffary for proving his innocence, and vindicating his character. But finding, at laft, that an adjournment is about to take place,

dread Tribunal where he and his accufers muft one day appear, where the inmoft receffes of all hearts fhall be laid the open, moft hidden motives of conduct shall be revealed, and calumny, malice, and party rage, fhall forever be put to filence.

He is the more ftrongly induced to urge this requeft, and to exprefs his earnest hope that it will not be refuted by thofe reflections which it has not been in his pow er to avoid making, on the courfe hither to purfued in this profecution.

That charges fo weighty as to render a judge of the fupreme court a fit object of impeachment for high crimes and mif demeanors,, fhould have been fuffered to

reft in oblivion for four years-although they are founded on fafts pertely notori

ous in their, nature, and perfeâly well known to the perfons who, after fo great a lapfe of time, have at length made them the ground of a profecution the most folemn known to our laws: that this profecution, fo long delayed, fhould be commenced precifely at the moment when a politcal change fuppofed by many, though he hopes unjufty, to be favourable to its fuccefs, had taken place-are circumftances but little calculated to impart confidence to the heart of innocence, or to quiet thofe alarms which we may feel when oppofed to uncontrouled power.

Your memorialist by no means wishes to be understood as infinuating that iuch was the intention wherewith this ftep was taken, his refpect for the body by which it was authorifed, forbids him to harbour fuch a fufpicion. But fuch may be the effeet, and fuch it muft be, in his apprehenfion, unlels your honourable body, by prefering fpecifick charges against him immediately, fhall enable him to prepare fpeedily and efficaciously for juftifying his conduct and defending his character against the unjust and wanton afperfions with which this teftimony abounds.

cannot elcape your honourable body, how of their unprovoked and implacable refentformidable an engine of oppreffion such ment; this teflimony, thus tarnished with an enquiry muft be, in the hands of per- the deep flain of partiality, hatred and refons difpofed to abufe it. Your memori. venge, was printed piece-meal, in the proalift is far from infinuating that fuch has grefs of the inquiry, and though not imbeen the cafe in the prefent inftance. mediately publifhed, was placed in a conThis infinuation he could not make, or e-dition to be extenfively circulated, and ven fufpect to be well founded, without thus to be employed as a mean of deeply derogating from the respect that ought to wounding the reputation of your memo. be infpired by fo elevated a body: but the rialift, of exciting univerfal odium against foundness of principles is in no manner fo him, and of preparing the way for a certain well treated as by the confequences to condemnation, when a clamour shall have which they lead. And although it can- been excited, ftrong enough to drown the not be fufpected that this honourable body voice of reafon, truth and juflice. Nor is the manner of commencing is under the influence of party fpirit, parthis profecution more confoling than the ty views, or individual malice, yet it is a time. A formal inquiry into the official melancholy truth that free governments are conduct of a judge, muft always be to liable to the influence of party fpirit; and him a matter of very serious moment. It that when this fatal paflion takes full pofmuft always expofe him to very great un- feffion of the mind, it completely ftifles eafinefs and may render him obnoxious to every fentiment of juftice and humanity, the most unjust and injurious fufpicions. | all regard for law and right. Should the It is wholly inconfiflent with the humane time ever arrive, which God avert! when and juft principles of our laws, to fubject a majority of congrefs, inflamed by party a citizen to evils of this kind, without fome fpirit, and feeking the deftruction of its fpecific accufation, refting on facts precife- opponents, fhall defire to criminate a ly ftated and fupported by fuch proof on judge, in order to heap odium on the party oath, as renders their exiflence at least with which he is connected; when a probable. No man however mean his prefident, at the head of this majority and condition, or however infamc us his char- guiding its paffions, fhall defire, from moafter, can be bound over to undergo the tives of private refentment, the ruin of a inquiry of a grand jury, without fuch an ny judge; when the schemes of the domaccufation, and fuch proof. A grand jury inent party or its leaders may require the cannot liften to accufations against a man, removal of all firm, upright, and indenor inquire into his conduct, much lefs pendent judges, and the fubftitution of put him upon his trial by finding a prefent- others more complying or more timid; ment against him, unless fuch an accufa- when the neceffities of a favourite partizan tion fo fupported be firft adduced; and may require the removal of a judge, in the perfon maliciously inftigating the in- order to create a vacancy in office, fhould quity is liable, in cafe it fhould be rejec- fuch a difaflerous period ever arrive, as ted, to a fuit for reparation by the accufed the hiftory of other free governments inparty. All these just and humane provil-form us it may, in what manner will the ions are established by our laws, for the devoted victim, however innocent, be a. protection of innocence, not merely from ble to hield himself against such a weapon, punishment, but also, from unfounded as this fpecies of inquiry, infiituted in and vexatious inquiry. Every principle fuch a manner and on fuch principles, of reafon, of juftice, and of aw, and cannot fail to furnish? Your memorialif every precedent, that deferves or has re- trembles for the honor of his country, and ceived the weight of authority, concur in for the fuccefs of republican government requiring the full application of thele pro- in this her laft and faireft experiment, vifions to the cafe of impeachment. much more than for his own fafety, when he reflects on the exceffes that under fuch a cloak may be committed.

And yet in this profecution all thefe provifions have been completely difregarded. All inquiry has been inflituted, of Does the manner in which this inquiry the most ferious import to the party accu- has been conducted, prefent any confidefed, on the mere fuggeftion of a member in rations calculated to remove or diminish his place, unfupported by oath, or by any the alarm excited by its commencement ? specific statement of facts which if fup- Far otherwife! A great mafs of teftimony ported by oath would have juftified an en- has been taken, which though calculated quiry. This inquiry, thus inftituted in a to effect your memorialist in the moft mamanner unprecedented and alarming, farterial manner, he has had no opportunity from being confined to any specific charge or fact, is extended to the whole official conduct of a judge who has been above eight years in office, and authorizes the moft minute inquifition of his most unguarded and moft inconfiderable words and actions, throughout the whole period. It

of confronting, crofs-examining or ex-
plaining. This teftimony, in the taking
of which fome individuals were allowed
to indulge themselves in the most ranco-
rous invectives against your memorialift,
and to clothe with the formalities and
fanction of an oath, the malicious cffufions

The recent publication of this teftimony, in a Gazette, underflood to be the official organ of the government, and thence communicating an official character and fanction to whatever of this nature appears in it, is a circumftance calculated to increale, in a very great degree, the mifchievous ef fects of the teftimony itfelf, and renders. fill more important the meafure which

memorialift fo earnefly folicits. From this Gazette, the publication will pafs into others; and thus the most virulent mifreprefentations of his conduct, and flanders on his character, fan&tioned too, in fome degree, by the vote of impeachment, will be fpread throughout the United States; and will even extend to foreign countries; while the opportunity of refuting them, muft, of neceffity, be delayed for a confiderable time, and, if articles of impeachment are not immediately exhibited, may be poftponed to a very diftant period.

He is fill more ftrongly impreffed with the neceffity of demanding, as a facred right, this immediate exhibition of articles, when he reflects on the manner in which the impeachment was voted. It is in vain. that he has looked, in this vote and in the report of the committee on which it is founded, for a statement or even a hint of the offences with which he ftands charged. He is impeached of" high crimes and mifdemeanors ;" but in what thefe high crimes and mifdemeanors confift, when, how, and where they were committed, is no where declared. The teftimony collected by the committee does indeed ftatc a variety of facts, which may conflitute the grounds of accufation. The principles

--

juftice and law, and the uniform course of practice, united in requiring, that each of these facts, or each that it is intended to vely on, should be put by the committe into the form of a fpecific charge, and made the fubject of a diftinct refolution. The fense of the houfe would then have been expreffed on every charge, feparately, and each would have been fupported or rejected, according to the opinion entertained by the majority refpecting its truth and its fufficiency. Your memorialist would then have known, even without articles, what it is, of which he stands accufed, and to what points to direct his preparations for defence. His family, his triends, his country, and the world, would have known what it is that has been called,

-

high crimes and mifdemeanors ;" and would have been enabled to judge how far the accufation is fupported by the facts, and the facts by the proof.

There is another point of view in which your memorialift deems it his facred duty, a duty to his country more than to himfelf, a duty which no confideration fhall prevent him from performing, to enter his moft folemn protest against this part of the proceeding. His proteft may not now be heard. The paffions and prejudices of the moment may drown his voice. But it will one day be heard and seriously liftened to. The American people will hear it, pofterity will hear it-and, the lovers of liberty, in every age and country, will unite in afferting the juftice of his complaint.

trial; and fo of the other two charges. Thus although there might be but thirty members in favour of impeaching, on any one of the four charges, in which cafe it is manifeft that there ought to be no impeachment, yet, when all the charges are blended into one general queftion, every member who confiders any one charge as a pro. per ground of impeachment, and all the others as not proper grounds, must vote in the affirmative; and thus there will appear a great majority in favour of a measure, which is actually difapproved by a great majority. This is an innovation fo ftriking, fo alarming, fo repugnant to all former practice, and to all ideas of juftice and law, that it may be fafely pronounced to furnish, efpecially when combined with the principle of indefinite inquiry without previous fpecifick allegations, and of exparte teftimony, the moft formidable, the moft irresistible engine of oppreflion, under the forms of law, that ever was placed in the hands of power and if the time fhould ever arrive, which Heaven in its mercy avert! when this engine fhall be wielded under the direction of party-spirit, or of popular paflion inftigated by perfonal malice or finifter policy, dreadful indeed will be the condition of those whom it may be the object of the moment to destroy.

Against an accufation thus prepared, and thus preferred, it behoves your memorialift to make the earliest and the most efficacious preparations for detending his character and afferting his innocence. While the accufation refts in its prefent vague flate, he knows not to what points to direct thefe preparations; and in the mean time the fulleft fcope is given to calumny and malevolence; fufpicion, ever alive and bufy, is left free to act; and the most efficacious means are afforded, for overwhelming with publick odium an innocent man, who, until the age of fixty-three, has maintained an unfpotted reputation; who bore an early and not an unimportant part in our common ftruggle for liberty; and who, after difcharging with honour, many moft important trufts conferred on him by his fellow-citizens, was raifed by WASHINGTON, the witness of his fervices, and often the companion of his exertions, to that high office, his conduct in which,

He complains that by the method purfued in voting this impeachment, a majority has been obtained in favour of the general vote, while it is poffible and even probable, that there is not a majority in favour of any one of the feparate charges on which the vote is founded. The accufations against him, fo far as can be colle&ed from the teftimony, are very various. Let it be fuppofed that four charges are chiefly to be relied on, viz. the trial of Fries, the trial of Callender, the proceedings at New-Castle, and the charge to the grand jury in Baltimore. It is perfectly manifeft that thefe charges are wholly dif tinct, and cannot fupport or ftrengthen each other. Each is a misdemeanor in itfelf, or it is not. Therefore there ought to be a majority in favour of each feparate-though now the fubject of accufation, has ly, before it can be made the ground of impeachment.

Let it then be fuppofed, which is not only poffible, but highly probable, that thirty members and no more, confidered the conduct of your memorialift in the trial of Fries, as a proper ground of impeachment. In that cafe it is manifeft that your memorialift ought not to be impeached on that charge, there not being a majority in favour of it. In like manner there may have been but thirty members in favour of impeaching him, on account of Callender's

always been regulated by the most confcientious regard to his duty and his oath.

Thefe are injuries to which he cannot fuppofe that your honourable body will fuffer him to remain expofed. He therefore prefumes to folicit, moft respectfully, but most earnestly, that your honourable body will not adjourn without preferring articles of impeachment against him, and thus reducing to precife form that accufation, which in its prefent vague and general ftate, it is impoffible for him to repel. Could an immediate trial be had, it

would be far more agreeable to his feelings; but as circumftances render it impoffible that he should be gratified to that extent, he forbears to ask it; and confines himfelf to that request which it is, he conceives, perfectly easy for your honourable body to grant.

SAMUEL CHASE.
Baltimore, 24th of March, 1804.

Efectioneering.

FEDERAL TICKET.

At a meeting of the Federal Committees from the feveral towns in the county of Columbia, at the houfe of JACOB MOULE, innkeeper in Claverack, on the 9th day of April, 1804, for the purpole of nominating candidates for Congrefs and Members of Affembly,

[ocr errors]

William Lufk, Efq. Chairman.
Garret Cock, Ejq. Secretary.
Refolved unanimously, that

HENRY W. LIVINGSTON, Esq. our prefent member be supported to reprefent this county in Congreis of the United States.

Refolved unanimously, that the following perfons be fupported to represent this county in the houfe of Affembly of this ftate, to wit:

PETER SYLVESTER,

WILLIAM W. VAN NESS,
MONCRIEF LIVINGSTON,
JASON WARNER.

Refolved, that the proceedings of this meeting be publifhed in the Balance.

To the Electors of the County of Columbia. FELLOW CITIZENS,

SOON we fall again be called to perform a great duty to ourselves, to our Country and to pofterity. In choofing our legiflators, we, at the fame time, fhall exercise an ineftimable privilege of freemen, and fhall do an act that will be placed among the most important events of our whole lives; as it will not only affect our own and the public intereft, but may alfo affect the dear eft interefts and, in fome meafure, influence the deftinies of future and remote generations. At the prefent juncture and under exifting circumftances, as it would be impoffible to neutralize the feelings of our own minds, we cannot ftand aloof and refufe to act, without feemingly flighting, betraying and abandoning our right of fuffrage, which indeed is one of the most precious among the birth rights of a free people. The facred truft committed to us, we are not at liberty to a

« ПретходнаНастави »