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Driginal.

HUDSON, (New-York) TUESDAY, JANUARY 17, 1804.

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What things are neceffary to fecure a good agency?

Wisdom, goodness and power in the Agent wifdom to devife, goodness to choose, and power to apply, the means of public happiness.

How may a State avail itfelf of the attributes of wisdom and goodness?

By felecting wife and good men to man. age its concerns.

Does not this prefuppofe intelligence and goodness in thofe, whofe duty it is to elect or appoint to office?

It does; and when it is otherwife, the It is the agency of the State as a body-State is rotten at the core. politic unde: a fingle dire&tion.

What is meant by agency under a fingie direction?

What is the power of the State ?

It is that force, with which it can act against those who oppose its will; and can It is meant, that agency which is gov-acquire the means of its own perfection. erned by the will of the body-politic, as the agency of an individual is governed by his will.

What is the will of the State as a bodypolitic?

It is the determination of a majority, expreffed according to the forms of the conftitution.

What is meant by conflitution? By conftitution are meant thofe foundation principles, whether written or unwritten, which characterize the State, as diftinguifhed from others, and which are the basis of its acts and proceedings.

What is meant by the forms of the conflitution?

By the forms of the conflitution is meant that organization or arrangement.

In what does this power confift?

It confifts, chiefly, in the number and union of its citizens or fubje&ts. What is the bond of this union? It is the public will, or the laws. What is requifite to give energy to the laws?

It is requifite that they be just and equal, and that they be promptly execu

ted ?

What is meant by juft and equal laws? Such laws as conduce to the public good, prefcribe a common rule to all the citizens, and are enforced by proper penalties.

What are proper penalties ?
They are fuch pains or evils as are fuffi-

and which b
the offence.

Can this pr
made perman

It cannot ; riation, as cin lic fafety muf difcretion exe to time, the fo You obferv promptly exec pleafe?

The reafon fame as for en a penalty exe fame, in effect which, indeed. fetting up the gain the publ State; and, as government it Has not a f laws prohibiti felves either to penalty?

He has not others; his wi will in all cal alty is not vol will not conftit prevent the eff

Is the citize obey the law,

He is; the ernment is a d er is of God;

and equal are,

Muft you not judge whether a law be agreeable or repugnant to the law of God and act accordingly.

I muft; but I muft judge at my peril, I must be answerable for all mistakes, and I must be content to abide the confequences; the State will prefer its own judgment to mine.

Is not fubjection to law repugnant to freedom?

It repugnant to licentioufnefs, but to freedom; nay, it is the parent of

that freedom which creatures, however exalted, can enjoy. For where all are bound to do no injury to others, all are fecure in the enjoyment of their own. (TO BE CONTINUED.)

FOR THE BALAnce.

ON THE SUBJECT OF THE LAWS.

MR. CROSWELL,

WE

No. I.

E boaft much of being citi zens of a free Republic; and glory in the idea that our laws are made by ourselves. That the idea is a fource of pride to millions, the writer is happy in believing.. We poffefs the power to lay which of our fellow-citizens fhall be entrusted with the framing of laws for our government. But our conftitution wifely provides, that the number fo defignated, fhall not exceed a certain ratio of the whole number of our citizens. He..ce it is obvious, that the number of our Legiflators must be comparatively fmall; and, from a view of the means of obtaining information on the fubject of the laws, that fo general a knowledge thereof, as feems to be highly neceffary to the peace and happinefs of fociety, is here impracticable at prefent. In the year of Rome about three hundred, the laws of that Republic were read before general affemblies of the people, on the firft day of every month. Let us briefly confider whether fuch a measure would be falutary here.

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rity and in a manner the most truft worthy. And whereas his fucceffor, in November term laft, in the District Court of the U. nited States, confeffed judgment for ONE HUNDRED THOUSAND DOLLARS, for public monies which come to his hands by virtue of his office, and have been-applied to his own private use:

Now THEREFORE, we have thought proper to propofe the two following queries:First. Has not Mr. Livington been fuf

It thole delegates were more generally to publifh an addrefs to their conflituents on their return from Congrefs, enumerating the moft material alterations, &c. dur-fered to leave this flate without having in ing the last feffion-the difficulty would any manner fecured the payment of the faid. be in part removed. fum or any part thereof ?

The writer could enumerate several inftances of unintentional offences: The offenders were ignorant of the laws. This fubject, with the examination of our laws, will be continued, as leifure affords opportunity.

SOCRATES.

Selected.

"IS HE HONEST?"

[It will be recollected that we some time since re. peatedly called on the little democratic band-or gans of this state, for information concerning

EDWARD LIVINGSTON, ESQUIRE. We called in vain. Not a syllable would a democratic editor say, respecting that great ornament of the party; and the public might have remained totally ignorant of some very interesting facts, had not Mr. Coleman brought them to light. The following publication from the Evening Post, ac

counts for the silence of Mr. Livingston's pelit Edit. Bal.]

ical friends.

FROM THE EVENING POST.

Short queries to make long faces. WHEREAS Thomas Jefferfon, foon after he came to the Prefidency, publifhed his tenets as to removals from office, and proceeded to carry them into practice; And Whereas, in purfuance thereof, he difplaced Richard Harrifon, Efq. U. S. attorney for this difirit, and appointed Edward Livingston, Eiq. in his flead: And Whereas, in this arrangement we must, in charity to the faid Thomas Jeffer fon fuppofe that "time was taken, information fought and obtained," to the fame amount as in the cafe of Samuel Bishop at NewHaven And Whereas we are to prefume that in this cafe, as in that, he proceeded "in the operation [a technical word by the way well fuited to his amputating procefs] with deliberation and enquiry, that it might effect the purposes of juftice and public uBut few of the people of fuch a diftility:" And Whereas, during the fourtrict will be informed immediately of fuch alterations in the laws. The American

Our Republic is fpread over a vaft extent of thinly populated country. Certain diftricts, in fome inflances it is believed, comprehending an extent of territory equal to 50 fqua.e miles, fend a member to Congrefs once every year, for the purpose of making laws. In the turn of almost every feflion, fome old laws are al. tered, fome abolithed and many created

Secondly. If this large fum fhould be loft to the community, on whom ought the lofs in equity and good confcience to fall; on the public at large, comprehending the tederalifts, who reprobated the conduct of the Executive in the removing of a truft worthy officer, and who bore their teftimony against the appointment of his fucceffor, or ought it to fall on Mr. Jefferfon himfelf and those who advised this measure?

Let it be underflood that this is not a wanton attempt to injure the feelings of Mr. Livingston, or of any of his friends. But furely, after the malicious charges of mal-conduct, as to public monies, which have, at one time or other, been brought against every officer in the federal adminiftration, not merely by the hireling edi tors of the minifterial papers, but by men of high ftanding in the party, not excepting the Prefident himfelf, and after the wicked charges have been circulated with an induftry and prefervance unexampled in the hiftory of calumny, without a title of evidence to fupport them; after all this, I fay, in vain have they to expect that real délinquences will be winked at by us, or even that they will not be fought out, and when detected boldly and plainly publifhed to the world. We, however, fhall never be one of thofe who deal in "ambigu ous whifpers;" which do almoft equal injury whether true or falfe, and which elude detection if unfounded. No: we fpeak in pofitive terms, of this public defaulter. If any one doubts the truth of what we fay,

we refer him to the records of the District Court.

The Post, of a subsequent date, contains the following supplementary article :

A word of consolation for Mr. Jefferson. We were informed half an hour ago, that there is a miflake in the ftatement we gave yellerday of the amount of Mr. Liv. ingfton's default; and that it is not fo much as a hundred thousand dollars, or at least that the amount of what has yet been difcovered is not fo great, but only fomewhere about feventy thousand dol teen years that Richard Hermion, Elq.|| lars, "more or less." How this is we was difrict attorney for the United States, know not; but this we do know, that a people in general are far from being rich. I he conducted himfell with the ftriacit integ he conducted himself with the ftri&cit integ-judgment by confeffion for one hundred

anew.

thousand dollars ftands upon record against Mr. Livingston in the Clerk's office of the District Court. Left we should have been misinformed in this point, we examined for ourselves, and have seen the docket of the judgment itfelf. Whether indeed this is the amount due from Mr. Liv. ington to the United States, or whether it is to cover whatever fum he may,``upon a fettlement of his accounts, be found to be indebted, or whether it is the penal fum of a bond, the half of which is confequently the actual debt, we cannot pretend to fay. The prefent Diftri&t Attorney may, however, if he thinks proper, fet us right in thefe particulars. Nor can we' think it would be an improper condefcenfion in him to do this without delay, as the public at large are deeply interested in knowing the truth. He will add to the favor too, if, at the fame time, he will inform us what fecurity he obtained from Mr. Living fton before he suffered him to depart.

Editor's Closet.

NEW-YEAR'S ADDRESSES REVIEWED.

The editor proposes to review some of the poetical new-year's addresses, which he may receive the present season. Beginning with his nearest neighbors, he will first notice the

Hudson Gazette.

This address is apparently a hasty performance ; but is generally correct, and is written with much ease. In the following lines, the writer presents us with an excellent idea of two great European nations. Speaking of the late peace, he says,

"Britannia, mistress of the main,

"Unbound her laurell'd arms-and France
"Threw by her sword to frisk and dance."

The dignified character of an Englishman, and the volatile nature of a Frenchman, could not have been better described.

In the subjoined passage, the writer sketches, with a judicious and animated pencil, a picture of the present state of France :

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Though from her towns a motley host, Collected, throng her western coast. Though, gun-boats on the channel pour, And point their beaks to Britain's shoreThough, blustering threats are heard afar, And all the empty noise of war;

Still see the Corsican aghast ;

His reign, he dreads, is almost past.

A nation by his arm oppressed,

He knows, ere long shall be redressed;
His guilty soul foresees the day,
And all his courage dies away.
Unhappy France! through seas of blood,
Of Kings and Princes great and good,
Of statesmen just, of warriors brave,
(All buried in one common grave)
Through anarch's dark and dreary reign
And all her Jacobinic train,
She now has past-and look around;
What has she gain'd for every wound ?

Alas! her crimes were worse than vain.
Fast in a foreign tyrant's chain,
Prostrate and breathless, see, she lies,
"With scarce a friend to close her eyes."

The poet seems to have reserved in his quiver, some of his best-pointed shafts of satire, for domestic use. They are discharged, with much liberality, on this side the Atlantic,

"Where, dress'd in simplest garb of state,
A philosophic statesman, great,
Well versed in all the arts of war,
Majestic, fills the federal chair."

Mr. Jefferson's great Louisiana Land-speculation
is made the subject of the following lines:-
"Hail mighty Thomas-by thy wit,
The crafty Consul has been bit.
For, when, he thought, he gave you trash,
In pay, for fifteen millions cash;
When he took in our Plenipo,
And made a fool of wise Munroe ;
And when the crafty dog believ'd,
E'en thou, great Thomas, wast deceiv'd,
Thou quickly, shew'd him, who's the dolt,
And turn'd a mountain into salt.
Nay, some affirm, that just below,
Where vales of grass in general grow,
Thy philosophic eye has found

A lake of guineas, flowing round."

After briefly noticing the "younglings," who "exercise their unfledged wit" at Washington, the writer closes in the following firm and dignified

manner :-

"Go on, ye children of confusion, Spread wide the seeds of revolution; Indulge your taste, for innovation, And call the havoc, reformation. The deeds, your sires have done, survey, And fritter all their works away. Break every paper barrier down, And seat your idol on a throne ! Yet know-there is a chosen band, Who ne'er will bow beneath your hand; Whose souls, yet, feel the generous flame, Which led our sires to endless fame; Who, at their country's call will fly And freely live, or bravely DIE." Next in course comes

The Bee,

Whose address begins with

"At twelve o'clock last Saturday night, "If Andrew Beers has told us right-" And ends with

"To thank you kindly for the fee "You give the Carrier of the Bee." The reader must guess at the rest.

DEMOCRATIC IDEAS OF JUSTICE.

My dronish neighbor appears to exult at the resignatior. of Judge Radcliff. He flatters himself, it is said, that Ambrose Spencer will be appointed to his place; and imagines that the consequences of this change will be serious to me. The democrats must entertain very curious notions of justice and equity, to suppose that our supreme judges are to be governed in their decisions by party-spirit. If such an insinuation does not amount to a contempt, I cannot tell what does. At any rate it may be considered as base, and, 1 trust, groundless.--It reminds me, however, of the following fact :

A few days since a democrat of this county, was engaged in a lawsuit with a federalist. While the

jury were ont, the democrat was boasting loudly, and offered to lay any bet that the verdict would be in his favor. "It is very doubtful (observed a bystander) 1 think your proof was not very satisfactory."-" Proof" (exclaimed the democrat) what the devil do you think I care for proof? Are not all the jury democrats? and do you think they will give it against me?"

Least the reader might suppose this democrat to be some obscure person, it may be proper to mention that he was one of that noted grand-jury who found the indictments against me last winter. Whether he possessed, at that time, the same correct ideas of justice, that he now avows, is best known to himself.

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Morality" of Connecticut Democrats.

It is said that the democrats of Hartford, are in deep mourning, on account of the premature departure of one of their principal leaders, who has committed a forgery on Middletown bank, and taken a French leave, carrying with him, 100,000 dollars "more or less." But the cream of the jest is, that Captain Bee, should mention this fact, to prove that Connecticut has nothing to boast of, in point of morality. Who ever pretended that the democrats of Connecticut had more morality than those of Vir. ginia or France? We do not wish to mention names, but while C. Holt and Joseph Hart are known, we shall entertain no very high opinion of the morality of Connecticut democrats.

For the apprehension of Hart, the president of Middletown Bank has offered a reward of 1,000 dollars. He was a reputable merchant of Hartford, and had done business extensively; but (as an old gentleman of his acquaintance observed, on hearing of his late conduct) baa become a great democrat.

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66

Agricultural.

EXTRACT.

TO FARMERS.

EXPER

XPERIENCE has proved, that fmoking your Seed Corn, thoroughly, before planting, will effectually prevent the worms or any other infect from touching it whilft growing. Care must be tak en that it is not heated in the fmoking, left it fhould deftroy the vegetation. It will therefore be best to hang it where the fmoke may gradually impregnate the kernel during the winter feafon.

"Probably the fmoaking of other feeds may have the fame happy effect. Should this be the cafe, it would fave much labor and care in railing Squalhes, Melons, Cucumbers, &c."

Monitorial Department.

To rid the cause of virtue and religion.

EXTRACT

From a discourse, delivered before the members of the Portsmouth Female Charity School, October 14, 1803, by the Rev. JOSEP BUCKMINSTER.

A good man sheweth favor and lendeth; he will guide bis affairs with discretion.”

66

No duty, perhaps, receives a

greater influence from the dictates of wif dom and the guidance of difcretion, than that of giving to the poor. An indifcriminate and indifereet giving, without regard to the object, or the kind of gift, often fruftrates its own design, and increafes, eventually, both the guilt and the fufferings of thofe it is intende i to relieve. Togive frong drink to the intemperate, or that which they may with facility convert into the fulcinating poifon, is but to pour oil upon the flame that has already confumed their health, their frength, and their reputation. To give to the viciously idle and lazy, that which will fupport thein in their vice and indolence, is only to ftrengthen the habits that are the fource of their rain.

That apoftolic order offends no law of char-
ity, which enjoins that" if any will not
work, neither fhould he eat." The good
man in his charity ftudies to fhew favor :
he gives, not merely to gratify the impulfe
of his own bofom, nor to relieve himself
of the vexation of importunity; but he en.
deavors to promote the real good of the ob-
ject of his benevolence, both in his kind
of charity and manner of beftowing it, fo
as to prevent occafions of abufe, and ex-
cite to a due improvement, and return.
A good man theweth favor and lendeth-
thus run the words of the text. It is of.
ten a more difcreet and efficient exercife
and difplay of charity, to adminifter that
felves, than to bestow a direct gift upon
aid to others by which they may help them-
them to loan them, with the expectation
them to loan them, with the expectation
of fome return, that which may
call up
their attention to fome ufetul employment,
encourage their care ad induftry, and at.
tach a degree of refponfibility to it. In this
view, I have always admired thofe inftitu-
tions, which have cortemplated the aid and
encouragement of the indigent and unfor-
tunate, by loans at little or no premium;
and have thought it a fpecies of the wifeft
and beft directed charity, calculated to do
more good than a direct gift of the whole
loan; the gift might induce eafe, indul-
gence, and carleffaefs; the loan, as it at-
taches refponfibility to it, while it afforded
prefent relief, would add nerve to endeav-
or, and excite care, caution, and œcono-
my. The man who ftudies that his chari-
ty thould befavor, and that guides its ex-
ercife with difcretion, will endeavor that
the diverfified fruits of his benevolence
fhould, as far as poffible, be of this kind,
calculated to correct, and not cherifh, the,
regularities or vices which afford occa.
fon for fuch chai y."

Columbian Eloquence.

ON THE PASSAGE OF THE

THE CONSTITUTION.

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popular and carried further from the federative principle. This claim we find was made at the formation of the conftitution. The great ftates naturally wished for a popular choice of first magiftrate: This mode was fan&tioned by the example of many of the ftates in the choice of governor. The fmall ftates claimed a choice on the federative principle, by the legislatures, and to vote by fiates; analogies and examples were not wanting to fan&tion this mode of election. A confideration of the weight and influence of a prefident of this union, muft have multiplied the difficulties of agreeing upon the mode of choice. But, as I have before faid, by mutual conceflion, they agreed upon the prefent mode, combining both principles, and dividing between the two parties, thus mutually jealous, as equally as they could, this important privilege of electing a chief magiftrate.

and the right of the fmall ftates, to elect This mode then became eftablished, upon the federative principle, or by ftates,

cafe of the contingency of electoral failure of choice, cannot with reafon and fairness be taken from them, without their confent, and on a full underftanding of its operation; fince it was meant to be fecured to them by the conftitution, and was one of the terms upon which they became members of the prefent confederacy; and for which privilege, in facrificing fo much of the federative principle, or ftate equality.

The conflitution is nicely balanced, with the federative and popular principles; the Senate are the guardians of the former, and the house of reprefentatives of the latter ;

and any attempts to destroy this balance, under whatever fpecious names or pretences they may be prefented, fhould be watched with a jealous eye. Perhaps a fair definition of the conflitu. tional power of amending is, that you may upon experiment fo modify the conflitution in its practice and operation, as MR. TRACY's SPEECH, to give it, upon its own principles, a more complete effe&t. Bat this is an atIN THE SENATE OF THE UNITED STATES, tack upon a fundamental principle estabFriday, December 2, 1803, lifhed after long deliberation, and by muAMENDMENT TO tual conceffion, a principle of effential importance to the inftrument itself, and an attempt to wreft from the fmall flates, a vefted right; and, by it, to increase the power and influence of the large ftates. I thall not pretend, fir, that the partics to this conftitutional compact, cannot alter its original and effential principles; and that fuch alterations may not be effected, under the name of amendment; but, let a propofal of that kind come forward in its own proper and undilguiled fhape; let it be fairly flated to congrefs, to the ftate legiflatures, to the people at large, that the intention is to change an important feder

[CONTINUED.]

AFTER this view of the conftitution let us enquire what is the direct object of the propofed altcration in the choice of Prefilent ?

To render more practicable and certain the choice by electors and for this reafon; that the people at large, or in other fon; that the people at large, or in other words, that the great flares ongly to have more weight and influence in the choice. That it fhould be brought nearer to the

The whole power of election, is now vefted in the two parties; numbers and

ative feature in the conftitution, which
change in itself and all its confequences,
will tend to a confolidation of this union,ftates, or, great and fmall ftates, and it is
into a fimple republic; let it be fairly flat- demonftration itfelf, that if you increafe
ed, that the final! ftates have too much a- the power of the one, injuft fuch propor-
gency in the important article of electing tion, you diminish that of the other. Do
a chief magiftrate; and that the great the gentlemen fuppofe that the public will,
ftates claim the choice; and we fhall then when conflitutionally expreffed by a ma-
have a fair decifion. If the Senators of jority of flates, in purfuance of the feder-
the fmall ftates, and if their ftate legifla- ative principle of our government, is of
tures will then quietly part with the right lefs validity, or lefs binding upon the coin-
they have, no perfon can reafonably munity at large, than the public will ex-
complain.
preffed by a popular majority? The fram-
ers of your conftitution, the people who
adopted it, meant, that the public will, in
the choice of Prefident, fhould be expreff-
ed by electors, if they could agree, and it
not, that the public will thould be expreff-
ed, by a majority of the states, acting in
their federative capacity, and that in both
cafes the expreflion of the public will
fhould be equally binding.

Nothing can be more obvious, than the
intention of the plan adopted by our con-
ftitution for choosing a Prefident. The
electors are to nominate two perfons, of
whom they cannot know which will be
Prefident; this circumflance not only in-
duces them to felett both from the beft
men; but gives a direct advantage into
the hands of the fmall ftates even in the
electoral choice. For they can always fe-
Is it pretended that the public will can
left from the two candidates fet up by
never, properly or conftitutionally be ex-
the clectors of large flates, by throwing preffed, but by a majority of numbers, of
their votes upon their favorite; and of the people, or of the houfe of reprefenta-
courfe giving him a majority, or, if the tives? This may be a pleafing doctrine
electors of the large ftates fhould, to pre-enough to great fiates; but it is certainly
vent this effect, featter their votes, for
one candidate, then the electors of the
fmall states would have it in their power to
elect a Vice-Prefident. So that in any e-
vent, the imall ftates will have a confider-
able agency in the election. But if the
difcriminating or defignating principle is
carried, as contained in this refolution,
the whole, or nearly the whole right and
agency of the fmall flates, in the electoral
choice of chief magiftrate is deftroyed,
and their chance of obtaining a federative
choice by ftates, if not deftroyed, is very
much diminished.

For this identical purpofe is the principle of electoral difcrimination and defignation, introduced into the refolution before you; for the fame purpofe is the number of candidates reduced from five to three, from whom the houfe of reprefentatives may elect, in cafe of electoral failure of choice; that is, to destroy, or diminish the agency of the fmall ftates, in the choice of Prefident.

For what purpofe elfe, are we perpctually told, and from all parts of the Senate, that the public will is oppofed, by the prefent mode, and the public will cannot be gratified, without the introduction of the difcriminating principle?

By the public will, thus mentioned, the gentlemen mean, the will of a popular ma. jority, or, the will of the great ftates, which, in this cafe, I repeat it, are the fame. How is it poffible for the gentlemen to increase the chances of gratifying this def

cription of the bublic.

da

portion of the their right?

I am not wit dent, that this i vils, and that wark of the fee

federacy; the gainst the ftro fmall against the of man, with a government, an liberty in a repu go changes, an there fhall be no and nothing condefcend to

Time will no

longer on thi

But I am dec have now take not show most mation there w great and small of its principles that the partici the election of fecured to the receive a dead) the propofed an

It can be no

on the fubject, of fiate confid this governmer never, till now olate the fan&tu

them of earlier attemp and feen this j fame oppofition

The conflict way, than by flates. We h bility to injure favors, but th peace and fater us by themfelv emn conflitutio

incorrect. Our conflitution has given the
expreffion of the public will, in a variety
of inftances, other than that of the choice
of President, into very different hands from
either the houfe of reprefentatives or the
people at large. The Prefident and Sen-
ate, and in many cafes the President alone,
can exprefs the public will, in appoint-poil
ments of high truft and refponfibility, and
it cannot be forgotten that the Prefident
fometimes expreffes the public will, by re-
movals. Treaties, highly important ex-
preffions of the public will, are made by
the Prefident and Senate; and they are the
fupreme law of the land. In the feveral
ftates, many great offices are filled, and
even the chief magiftracy, by various
modes of election. The public will is
fometimes expreffed by pluralities, instead
of majorities, fometimes by both branch-
es of the legiflatures, and fometimes by
one, and in certain contingencies, elec-
tions are determined by lot. The people
have adopted conflitutions containing
fuch regulations, and experience has
proved that they are well calculated to
preferve their liberties and promote their
happiness. From what good, or
pardonable motive then, can it be urged,
that the prefent mode of electing our
Prefident, has a tendency to counteract
the public will? Do gentlemen intend to
defroy every federal feature in this confli-
tution ?

even

And is this refolution a precurfor to a complete confolidation of the union, and to the eftablishment of a fimple republic?

We have b

from Virginia,

in us to roufe t

prefent, take warning, giver full excercife d

queft the frall

ftant recolle& not haftily to curity.

There are fo which I wish to

The conflit was formed by conflicting pa view to the lec lone can teft it tice difcover it

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