and calculated to ferve fo many various and oppolite interefts, without being able, by the teft of experiment, to difcern clearly the neceffity of alteration, and without a moral certainty, that the change shall not only remove an exifting evil, but that it fhall not produce any itfelt. The article in the conftitution eftablishing the mode of electing a chief magiftrate; and which is now proposed to be altered, was undoubtedly one of the most difficult parts of the whole, at its formation. I am convinced, fir, that the public mind is not fufficiently impreffed with the difficulty of adopting, not only an unexceptionable, but even a tolerable and practicable mode of ele&ting a chief magiftrate; poffeffing fuch important and extenfive powers, as are conftitutionally vested in the Prefident of the United States. An attempt to detail the number and magnitude of his powers, to this Senate, would be impertinent: But it muft and will be acknowledged by all, that the Prefident is vested with powers vaftly extenfive and importart, and that he will bring with him into the government more or lefs of ftate politics and state prejudices, and thele facts, to which may be added the probability that he will be taken from a large state, must have increased the difficulties of the convention, in fixing on a mode of choice. How often have contefts, wars and bloodshed, the deftruction of confederacies, of liberty, and of vaft portions of the human race, arifen from the election of chief magiftrates? When we confider that the powers vefted in a Prefident of this union, are fufficiently important to excite the avarice and ambition of the hu man heart, its two moft active principles, to gain poffeffion of the office; when we confider the difference of fentiment habit and intereft in this country; ftate pride, and ftate jealoufy, which could never be laid afleep; the difficulties of fixing upon a proper mode of election, must be almost infinitely multiplied. And yet this arti cle is now fele&ted for alteration. All the amendments which have been hitherto adopted, went to fome general explanation, upon very general principles, not changing, but rather expounding the conftitution. This, as I have before faid, is taking up the most difficult and the most important article in the conftitution, both in relation to rights and principles. But it is faid that experience has fhown us the neceffity of an alteration in this article; that an evil has been found in practice to grow out of the conftitutional provision, which calls imperiously for a remedy. [TO BE CONTINUED.] Be it our weekly task, To note the passing tidings of the times. Hudson, January 17, 1804. NEW-ORLEANS. At the date of our last accounts, NewOrleans was in poffeffion of the Frenchtheir flag was flying, and they were waiting for the Americans to take poffeffion. The Governor of Maffachusetts has offered a reward of 500 dollars for the apprehenfion of three villains, who lately robbed William H. Sumner, on the neck between Bolton and Roxbury. IN THE SENATE OF THE UNITED STATES, Mr. Breckenridge reported from the Committee ap Sect. 3. A Secretary of the territory fhall alfo be appointed, who fhall hold his office during the term of tour years, unlefs fooner removed by the President of the United States, whofe duty it fhall be, under the direction of the governor, to record and preserve all the papers and proceedings of the executive, and all the acts of the governor and legislative council, and tranfmit authentic copies of the proceedings of the governor in his executive department, every 6 months, to the Prefident of the United States. In cafe of the vacancy of the office of governor, the government of the faid territory fhall devolve on the fecretary. Sect. 4. The legislative power fhall be vefted in the governor, and in twentyfour of the moft fit and difcreet perfons of the territory, to be called the legiflative council, who fhall be felected annually by the governor, from among thofe holding real estate therein, and who fhall have refided one year, at leaf, in the faid territory, and hold no office of profit under the territory, or of the United States. The governor, by and with the advice and confent of the faid legiflative council, or of a majority of them, fhall have powA BILL, er to alter, modify or repeal the laws which Erecting Louisiana into two Territories, and provimay be in force at the commencement of ding for the Temporary Government thereof; this act. Their legiflative powers fhall allo which was read, and passed to the second reading. extend to all the rightful fubjects of legifBe it enacted, by the Senate and Houfe inconfiftent with the conftitution of the Ulation; but no law fhall be valid which is of Reprefentatives of the United States nited States, with the laws of Congress, of America in Congrefs affembled, that all that portion of country ceded by burthen, or difability, on account of his or which lays any perfon under restraint, France to the United States, under the religious opinions, declarations, or worname of Louisiana, which lies fouth of fhip; in all which he fhall be free to mainthe Miffiffippi territory, and of an east tain his own, and not be burthened for thofe and weft line pafling from Miffiffippi riv. er, 10 miles north of the town of Nachi-throughout the faid territory, all the laws of another. The governor fhall publish toches, to the weflern boundery of the faid ceflion, fhall conftitute a territory of the United States, under the name of the territory of Orleans; the government whereof fhall be organized and adminiftered as follows: which fhall be made, and fhall from time to time, report the fame to the President of the United States, to be laid before Congrefs; which i difapproved of by Congrefs, fhall thenceforth be of no force. The governor or legiflative council fhall Se&t. 2. The executive power fhall be have no power over the primary difpofal vested in a governor, who fhall refide in of the foil, nor tax the lands of the United the faid territory and hold his office durthe faid territory and hold his office dur- States, nor to interfere with the claims to ing the term of three years, unless fooner land within the faid territory. The gov removed by the Prefident of the United ernor fhall convene, prorogue, and diffolve States. He fhall be commander in chief the legislative council, whenever he may of the militia of the faid territory; fhall have power to grant pardons for offences deem it expedient. It fhall be his duty to against the faid territory, and reprieves for obtain all the information in his power, in relation to the cuftoms, habits, and difpothofe against the United States, until the fitions of the inhabitants of the faid territodecifion of the Prefident of the United ry, and communicate the fame from time States thereon shall be made known; and to time to the Prefident of the United States. to appoint and commiffion all officers, Sect. 5. The judicial power fhall be civil and of the militia, whofe appoint-vefted in a fuperior court, and fuch infements are not herein otherwife provided for, and which fhall be established by law. He fhall take care that the laws be faithfully executed. rior courts, and juftices of the peace, as the legislature of the territory may from time to time establish. The judges of the fuperior court and the juftices of the peace, fhall hold their offices for the term of years. The fuperior court fhall confift of three judges, any one of whom shall conftitute a court: they fhall have jurifdiction in all criminal cafes, and exclufive jurif diction in all those which are capital; and original and appellate jurifdiction in all civil cafes of the value of one hundred dollars. Its feffions fhall commence on the first Monday of every month, and continue till all the bufinefs depending before them fhall be difpofed of In all criminal profecutions which are capital, the trial fhall be by a jury of twelve good and lawful men of the vicinage; and in all cafes criminal and civil, in the fuperior court, the trial fhall be by a jury, if either of the parties require it. The inhabitants of the faid territory fhall be entitled to the benefits of the writ of the habeas corpus; they shall be bailable, unless for capital offences where the proof fhall be evident, or the prefumption great; and no cruel or unufual punishment fhall be inflicted. Sec. 6. The laws in force at the commencement of this act, and not inconfiftent with the preceeding restrictions, shall continue in force, until altered, modified, or repealed by the legislature. Sect. 7. The governor, fecretary, judg es, and all general officers of the militia, fhall be appointed by the Prefident of the United States, in the recefs of the fenate, but fhall be nominated at their next meeting for their advice and confent. The governor, fecretary, judges, members of the legislative council, juftices of the peace, and all other officers civil, and of the militia, before they enter upon the duties of their respective offices, fhall take an oath or affirmation, to iupport the conftitution of the United States, and for the faithful difcharge of the duties of their office; the governor, before the Prefident of the United States, or before a judge of the fupreme or district court of the United States; the fecretary, judges, and members of the legiflative council, before the governor; and all other officers, before fuch perfons as the governor fhall direct. The governor fhall receive an annual falary of lars; the fecretary of dollars; and the judges of dollars each; to be paid. quarter-yearly out of the revenue of impoft and tonnage, accruing within the faid territory. The members of the legiflative council fhall receive no compenfation. dol appointed by the Prefident in the recefs of the fenate, but to be nominated at the next meeting thereof, for their advice and confent; under the orders of which commandant, the officers, troops, and militia of his ftation fhall be; who in cafes where the military have used, under the laws heretofore exifling, fhall act by written orders, and not in perfon; and who fhall receive as a full compenfation, the pay, rations, and emoluments, allowed to a colonel in the army of the United States afting at a feparate ftation. The Prefident of the United States, however, may unite the districts of two or more commandants of pofts in one, where their proximity, or cafe of intercourfe, will permit, without injury to the inhabitants thereof. The governor fhall receive an annual fallary of dollars, payable quarter-yearly at the treafury of the United States. Sect. 9. The Prefident of the United States is hereby authorized to ftipulate with any Indian tribes owning lands on the eaft fide of the Miffiflippi, and refiding thereon for exchange of lands, the property of the United States, on the weft fide of the Miflilippi, in cafe the faid tribes fhall remove and fettle theron : but in fuch ftipulation, the faid tribes fhall acknowledge themselves to be under the protection of the United States, and fhall agree, that they will not hold any treaty with any foreign power, individual ftate, or with the individuals of any ftate or power; and that they will not fell or difpofe of the faid lands or any part thereof to any fovereign power, except the United States, nor to the fubje&ts or citizens of any other fovereign power, nor to the citizens of the United States. And in order to maintain peace and tranquility with the Indian tribes who refide within the limits of Louisiana, as ceded by France to the United States, the act of congrefs paffed on the thirtieth day of March, one thoufand eight hundred and two, entitled "An act to regulate trade and intercourfe with the Indian tribes and to preferve peace on the frontiers," is hereby extended to the territories erected and eftablished by this act. Se&t. 10. This act fhall be in force from the end of the prefent feffion of congrefs. LONDON, NOV. 12. Our Dover correfpondent obferves in his Sect. 8. The refidue of the province of letter dated Thursday, Nov. 10, four Louisiana, ceded to the United States, fhall o'clock, P. M. "About nine o'clock this remain under the fame name and form of morning, the whole of the blockading government as heretofore; fave only, that fquadron ftationed for fome time off Bouthe paramount powers exercifed by the logne, was feen from our heights fleerformer governors of the province, fhalling for the Downs. The wind ftrong at now be transfered to a governor to be appointed by the Prefident of the United States; and that the powers exercised by the commandant of a poft or diftri&t, fhall be hereafter vefted in a civil officer, to be N. W. Bonaparte's armada may, therefore, now put to fea, without any interruption from our hips. Unfortunately, however, the wind has fhifted to W. N. W. and blows fuch a hurricane, that we are afraid the gun boats, and all the roft of the boats, will remain at home until a moc favorable opportunity occurs. We understand, that in the Gazette of this evening, or, at fartheft, the beginning of next week, there will be published a fpirited proclamation from his majefly. ftating, that until the English in France, detained as prifoners of war in fuch manifeft violation of the law of nations be relealed, no prifoners taken by us will be permitted to be exchanged. Paris papers to the 2d, and Dutch journals to the 7th inft. have been received. An article from Vienna, of the 20th ult. fates, in pofitive terms, the complete failure of the negociations carried on by the Courts of St. Peter fburgh and Berlin, for the purpofe of adjufting the differences between France and this country. The following official return of our Volunteer Force was made on Friday at the War-Office DUNKIRK, OCT. 25. We here from Vallenciennes, that all the English prifoners in that town have been The reafon affigned for this is, that four fent to Luxemburgh, under a frong guard. English prifoners, at large on their parole, lately made their efcape. Moft of the Irifh They have colourably a certificate from in France, are permitted to go at large. fome Ambaffador, generally the American, which by direction is never examined. Fif tythousand men are thought fufficient to carry Ireland. They reckon on two thirds of the population of that country being with them. Great pains are taken to remove all fenfe of fear of the English navy; and to this effect ftrong intimations are given that there are more ways than one of avoiding, if not fubduing it." fubduing it. The effect of thefe infinua. tions is to infpirit the common foldiery, and diminish their dread of naval power. MARRIED, In this city, by Mr. Sampson, on the evening of the 13th ult. Mr. DANIEL RODMAN, student of law at Albany, to Miss ELIZA JENKINS, of Hudson. DIED, At Claverack, on Tuesday morning last, Mrs. GERTRUDE VAN NESS, in the 97th year of her age. The Wreath. EXTRACT. DESCRIPTION OF AN FROM THE PEASANT'S TALE, BY W. HOLLOWAY. FEW The cock, proud marching with his cackling train, The helpless lambs, with tender toil, would guide Literary Gleanings. FOR THE BALANCE. I HAVE always admired the pleasant and eafy ftyle in which GAY wrote his In the following, the politician will find many touches that cannot fail to please him: "A Lion, tir'd with state affairs, Quite sick of pomp, and worn with cares, Resølv'd (remote from noise and strife) In peace to pass his latter life. It was proclaim'd; the day was set ; Behold the gen'ral council met. The Fox was Viceroy nam'd. The crowd To the new Regent humbly bow'd. Wolves, bears, and mighty tigers bend, And strive who most shall condescend. He straight assumes a solemn grace, Collects his wisdom in his face. The crowd admire his wit, his sense; Each word hath weight and consequence. The flatt'rer all his art displays: He who bath pow'r is sure of praise. A Fox stepp'd forth before the rest, And thus the servile throng address'd : How vast his talents, born to rule, And train'd in virtue's honest school! What clemency his temper sways! How uncorrupt are all his ways! Beneath his conduct and command Rapine shall cease to waste the land: His brain hath stratagem and art; Prudence and mercy rule his heart. What blessings must attend the nation Under this good administration ! He said. A Goose, who distant stood, Harrangued apart the cackling brood. Whene'er I hear a knave commend, He bids me shun his worthy friend. What praise! what mighty commendation! But 'twas a Fox who spoke th' oration. Foxes this government may prize As gentle, plentiful, and wise; If they enjoy the sweets, 'tis plain, We Geese must feel a tyrant reign. What havoc now shall thin our race, When ev'ry petty clerk in place, To prove his taste, and seeni polite, Will feed on Geese both noon and night!" Diversity. FROM THE EVANGELICAL MAGAZINE. INFIDEL WIT REPULSED. A GAY young fpark, of a deistical turn, travelling in a ftage coach to London, forced his fentiments on the company, by attempting to ridicule the Scriptures; and among other topics, made himfelf merry with the ftory of David and Coliah, ftrongly urging the impoffibility of a youth like David, being able to throw a ftone with fufficient force, to fink into the giant's forehead. On this he appealed to the company, and in particular to a grave gentleman of the denomination called Quakers, who fat filent in one corner of the carriage." Indeed, friend," replied he, "I do not think it at all improbable, if the Philiftine's head was as foft as thine." ANECDOTE OF SHUTER. AT the clofe of the season in which Shuter firft became fo univerfally and fo defervedly celebrated, for performing the character of Mafter Stephen, in the revived comedy of Every Man in his Humour, he was engaged to perform a few nights in a principal city in the north of England-It happened, that the ftage in which he went down (and in which there was only an old gentleman and himself) was stopped on the other fide Finchley Common, by a fingle highwayman, who having put the ufual compliment to the old gentleman, and receiving his contribution, turned towards Shuter (who fat on the other fide of the coach afleep or at leaft pretended to be fo) faluting him with a fmart flap on the face, and prefenting his piftol, he commanded him to deliver his money inftantly, or he was a dead man. Money," returns Shuter, with a fhrug, a very deliberate yawn, and a countenance inexpreffibly vacant, "O lud, Sir, they never trufls me with say, for nuncle here, always pays for me twinpikes an'all, your honour." The highwayman gave him a few curfes for his flupidity," and rode off, while the old gentleman grumbled, and Shuter with infinite fatisfaction and laugh, pursued the rest of his journey. 66 66 TERMS OF THE BALANCE, To City Subscribers, Two Dollars and Fifty Cents, payable quarterly. To those who receive them by mail, Two Dollars, payable in advance. To those who take their papers at the office, in bundles, or otherwise, a deduction from the city price will be made. A handsome Title Page and Table of Contents, will accompany the last number of the volume. Advertisements inserted in a handsome and conspicuous manner, in the Advertiser which accompanies the Balance. Hither the products of your closet-labors bring, Enrich our columns, and instruct mankind. FOR THE BALANCE. POLITICAL CATECHISM. Being a sketch of what might, on a matured plan, be taught in Schools, and also, by Heads of Families, to Youth and Children. W (CONTINUED.) HICH are the principal departments of Government? They are the Legislative, Executive, and Judicial departments. What are their feveral provinces ? To the Legislative belongs the business of legislation, or the enacting of laws for the government of the State; to the Executive, that of carrying into effect the measures adopted by the Legislature, for the general defence and safety, with principal reference to foreign relations; to the Judicial, that of interpreting the laws, and difpenfing juftice to the citizens and others who may be parties in fuits.But the various powers of government are variously diftributed in smaller matters, among the feveral departments. What are the principal forms of government? They are those which are exercised by one, by the few, or by the many, and the various combinations of thefe; the firft is called monarchy; the second, ariftocracy; and the third, democracy. Those governments which are exercifed by a representative body, obtain the name of Republics. It will, in their main courfe ; ftill, the force of fudden temptation may cause them, for a time, to fwerve from the line of What may be efteemed the best form of duty. government? That is the beft form which, in a given cafe, fhall enfure the beft administration; or hall draw into exercife the most wifdom, virtue and power. But no form of government is the beft for all nations, or, at all times, for any one nation. What principles are necessary to support Republican freedom? Intelligence and virtue in the mafs of the people. Intelligence to difcern, and virtue to choose, wife and good men for public employment. This is the bafis on which refts the whole fabric of Republican Freedom. What is intended by virtue as applied to this fubject?· By virtue is intended that temper which prefers the public intereft, when feen, to any private intereft; or, at least, seen, to any private intereft; or, at least, to any which will prefent itfelf, in the ordinary courfe of events. Is not this the fame as true religion? It is either true religion, or that ref pest for it, which, in the ufual state of things, governs the external conduct. Will this external respect for religion make those, who poffefs no higher principle, true to the public interest, in all events? It will not; all fuch men will have their price; but, in a fettled ftate of things, that price will feldom be offered. Will not virtue in its proper fenfe, feure the fidelity of those who poffefs it, to the intereft of the State? Does not external refpect for wife and virtuous men imply the reality and prevailing influence of true religion, in a State or nation? It does; and this may fecure important bleffings to the State, by fecuring the bleffings of heaven. What are the means proper to form a people of this character? The irilitution of the youth in colleges, or in common schools, the fupport of the public worship of God, the prompt execution of the laws of the State, and the diffufion of information among the people from the prefs, are among the principal of this. means Is it not important that heads of fami lies, fchools and colleges, inftruct the youth under their care, in the principles of government, and inculcate the duties which they owe to it as citizens? It is; and much improvement might be made in the education of the youth, in this relpect, and our critical fituation, as a nation, demands particular attention to this fubject. Is the public worship of God effential to the well being of the State? It is; the love and fear of God, the common father and faviour of men are promoted by it, and these are the grand cement of fociety. The reafon if you please? The reason is this: that the love and fear of God are a principle of justice and good will to men, who are the offspring of God; and juftice and good will, be- || come general, muft, from their nature, make fociety happy. Are not the objects of religion and of policy, in a great measure, diftin&t? Their object is the fame, the latter is a hand-maid to the former. How does this appear? It appears from hence, that both are divine inflitutions, that both are defigned to promote the honor of God and the happinefs of men, and that we are bound to for Kings and all in authority to the pray end that we may lead a quiet and peaceable life in all godliness and honefty. (TO BE CONTINUED.) Selected. FROM THE ULSTER GAZETTE. publican economy might be manifefted every where-and nothing be wanted to a complete reform. We have heard this argument a hundred times-and how can it be antwered? Why the proof of the pudding is in the eating of it, and so we have a story to tell, tho' we must caution the reader, particularly if he is a democrat, not to believe one word of it, but to (wear roundly that "it is a curled federal lie." Nevertheless we will tell the flory, if it is only for paflime. Now we entreat you not to believe one fingle iota of it. The United States never loft a cent by Mr. Harrifon the former diftrict attorney, but then he was a federalift, a rank federalist-as honeft a man, otherways to be fure, as ever broke bread, and as clev. er, otherways, bless me, as the day is long in fummer-but then the blockhead was fo ftupid, that in fpite of all the beautiful republican fermons he heard, he would be a federalift-and yet in every other ref pect, he was a very fenfible man! Now A PRACTICAL comment on the reis not that frange? And then in the bupublican doctrine of turning capable and finefs of his office in particular, why nofaithful men out of office, to make way body ever found any fault with him-and for needy partizans, may be found in the yet he was a federalift. 'Tis ftrange, office of the clerk bi the district court at 'tis paffing ftrange !" Well his crime was New-York. It will be remembered, that not to be forgiven, efpecially by fuch a when Congrefs were voting between Jef-philofopher, fuch a friend to the liberty of ferfon and Barr, Edward Livingflon remained obftinate for the former. This excited fome furprife; as it had been pretty generally given out by the Cheethamites that he was Mr. Burr's " confidential friend"—and if Mr. Burr was really intriguing for the prefidency, and Capt. Cheetham has written nine letters to prove it and if Mr. Livingston was really his confidential friend in this intrigue; and the fame captain is ready to fwear it, the fimple ones will hardly be able to fatisfy themfelves, how it came to pafs, that Col. Burr was deferted" at his utmoft need," by this fame "confidential friend"-While the knowing ones, always puffed up with felfconceit, tickle themfelves with the idea, that in the fubfequent appointment of Mr. Livington, to be diftrict attorney, in the place of Mr. Harrifon, and of the late chancellor, his brother, to be minister to France, they see a folution of the whole myftery-and these fellows, with a fignificant fhrug and malicious fueer, infinuate that "the labour. er is worthy of his hire." Thefe are topics however too deep for us--they belong to that fpecies of cabinet fecrets, which will probably never come to light, till at leaft five or fix pamphlets more thall be publifhed by the friends of the people against each other. We are aware, that your long-visaged democratic puritans will fay that the removal of Mr. Harriton and fuch like men was neceffary, in order thoroughly to cleanfe all the departn.ents of federal ariftocratic corruption, fo that re fentiment, as our philanthropic Jefferfon. lars every two years, than have a rascally, Editor's Closet. "IS HE HONEST ?" We are extremely sorry to inform our readers that the Hartford democrat, Joseph Hart, who has lately been "caught tripping"-that is, who has had the misfortune to commit a forgery for something less than $100,000 on the Middletown bank, proves to be a man of such high standing, that we have risqued an indictment, by publishing the paragraph in our last concerning him. l'eople who do not perfectly understand the nature of the common law, may require an explanation. The common law provides, that if any person publish aught against a public officer (if true, so much the worse) tending to bring him into disgrace or disrepute, he shall be punished, &c.-Now, this Joseph Hart was one of Mr. Jefferson's Commissioners of Bankruptcy-consequently he was a public officer. He committed the forgery as was mentioned last week. We published the fact, not even suspecting that he was a public officer; for, if we had entertained the least suspicion of this, the maxim, "the greater the truth, the greater the libel," would have restrained us from publishing any thing that would tend to bring him, or the man who appointed him, into contempt or disgrace. However, the deed is doneand if another grand-jury can be scraped together, in the county of Columbia, sufficiently republican to indict us for it, we shall be very careful in future, when we see an advertisement out for a very bonect gentleman, to enquire, before we give it publicity, whether he is not a republican commissioner of bankruptcy, or a district attorney. The editor of the Ulster Gazette is informed, that "that HARRY CROSWELL has not yet forgotten there is such a thing as the common law-and a gaol in almost every county." The editor aforesaid, is also informed, that H. Croswell is not disposed to "make light of these matters," nor has time "made him familiar with terrors." But does the editor of the Ulster Gazette suppose that H. Cros well will ever so far gratify his enemies, as to shrink from his duty, on the approach of danger -that he will quit the deck of his little bark, and skulk below, because the tempests howl, & the skie lower; or because he observes pirates bearing down upon him 2-If he does, he is mistaken. If H. Croswell is doomed to destruction--if ruin overtakes him-is enemies shall not derive much consolation from the manner in which he meets his fate. "But we will talk more about that when we meet at Albany in February." The Barometer editor acknowledges a cloud of communications ;" but he does not tell when they will descend in rain upon his readers. |