Driginal. HUDSON, (NEW-YORK) TUESDAY, FEBRUARY 21, 1804. If you mean an equal diftribution of property, on the principles of an Agrarian Law, it is not; for fuch diftribution is unjuft, it confounds the right of property, cuts the finews of industry, and gives power to those who will certainly abufe it. But, if by equal diftribution of property you mean a fyftem of law to prevent perpetuities, and to break down the eftates of deceafed perfons by dividing them out, in equal portions, to the heirs, it is. Will fuch a fyftem of law prevent the evils refulting from accumulated prop. erty? own concerns, and, of course, much more incompetent to manage the concerns of the State. What do you mean by a competent property? Not altogether; rich men will always exift, and if unprincipled, they will be ariftocrats; but arifing, as they will, from all defcriptions of men, they will want the influence of family, and of numerous and powerful connections, and can never acSuch a property as may be fuppofed to quire the afcendancy of a permanent body incline men to fupport that order and staof nobles; befides, under such a system,bility, which is needful to fecure properthe mass of property will not be accumu lated, and the body of the citizens will be independent freeholders. What are the rights of citizens refpecting elections? They are fuch as the law gives them. Is not their right to act in elections natural and effential? It is not; for then all, of both fexes, would have equal right; even the most abandoned and infamous. Who ought to be admitted to vole in elections? All men of good characters, of lawful age, and who have a competent freehold. eftate, or other property, to defend. Why ought electors to be only fuch as are of good characters ? Becaufe, others will abufe the privilege; they will give their vote for bad men, when it will ferve a prefent purpofe; and fo will, as far as depends on them, defeat the main end of elections. Why ought they to poffefs, what you term a competent property? Because, fuch only may be expected to feel a lufficient intereft in government to make them faithful; becaufe, fuch only can be supposed to act independently; and because, men deftitute of property are, ufually, incompetent to manage their ty; fuch as fhall raise them above pinching want; and fuch as fhall evince the owners to be of a provident character. But is it not fit that all who pay taxes for the fupport of government should have a right to vote in elections? It is not; there is no neceffary connection between the one and the other. But are not taxation and reprefentation reciprocal? The maxim, rightly underflood, is tre and important. Diftinct fections of the community, which pay taxes, ought to have right to vote for reprefentatives in the Legiflature which taxes them; there is as much reafon that one diftin&t fection fhould have this right, as another; not fo, with refpect to individuals. But, in truth, the members of the Legiflature do not reprefent thofe only who voted for them, but equally thofe who voted against them, and thofe who had no right to vote. at all; more properly, they reprefent no individuals, nor diftin&t fe&tions, but the State as a body politic. Are thofe individuals, then, who are not electors, as much reprefented in the Legiflature, as the electors themselves? They are, in precifely the fame fenfe, that is to lay, as component parts of the community. But are fuch as are not electors equally free with those who are? Certainly; the right of election appertains not to freedom, but to power. The Chief Magiftrate, though more powerful, is not more free than the meanest citizen; they are equally fubject to the fame law, and equally protected by it. If the members of the Legislature reprefent the State at large, what right have the electors of a town or district to inftruct the member chofen by them? If by inftructing be meant binding him to act according to their pleasure, they have none; attempting to do it is an affumption of power: but if by inftructing be meant conveying, through him, their wishes to the Legiflature, they have a right; a right which ought not to be impeached. Would any Special evil refult from the practice, underflood in the first fenfe? But may it not be useful, when the places of thofe who are dropped, are fupplied with others of equal talents and integrity? Gen. Hamilton then refumed his argument, and clofed about noon on Wednef. day. The argument was conducted with great ability by every gentleman engaged in it. It will not, however, be thought invidious to fay, that the fpeech of Gen. Hamilton exceeded the expectation and even the hope of his friends. He rofe above himfelf; I had almoft said above human nature. It is not; the reafons are; it will exThe topics were of a most cite competition, and increase the ferments interefting and important nature. It was which precede and attend elections; it a mighty effort in the caufe of libertywill render office infecure, and not worthy and, although the life of this great man has the ambition of good men, or the pains of been one perpetual ftruggle in the cause of acquiring the neceffary qualifications of of-liberty, I much question whether any act fice and it will deprive the State of the benefit of long experience, which, in affairs of State, is of greater importance than in most other concerns. of his has been of fuch effential fervice to his country, to freedom, to republicanism, as this bold ftand in favour of the prefs. The power of eloquence was exhibited in But is not the State concerned in train- his fpeech beyond conception. To con. ing up many of its citizens for public em- vince and perfuade-to force the tear from ployments? the eye of the aged, and the young-toagi. The difficulty is, if ambition is ftimu-tate, to fucth, to calm them at pleasure, is the teft of true eloquence. This he did. It was a day of triumph for virtue & talents. The greatest of all evils, if it were to become general; that of altering the government from a republic to a democracy,lated by fo powerful an incentive, more and that of the worst kind. How would this be done? By transferring the powers of legiflation from the reprefentative body, to the people at large; to be exercifed by them, in numerous independent diftricts, without concert and without a united deliberation; which to attempt would be folly in the extreme. ; In whom does the fovereignty refide in Republics? It refides in thofe who have power, and fo far as they have it; it is idle to talk of fovereignty without power. What is the proper notion of fovereignty as applied to those who are vested with power? 1. is the right of exercising the vested power without being accountable, except to the law. Thus electors are fovereign in elections, legiflators in legiflation, and judges in judicial decifions; it is wholly diftinct from arbitrarinefs. Sovereignty even in God is not an arbitrary exercife of power, it is an exercife of power according to fitnefs and wifdom. 1 But are not the people the fountain of power? In a fenfe they are; as it originates from their affociating for common defence, and is exercifed for their common benefit; but, in truth, God is the fountain of power: "All power is of God, the powers that be are ordained of God." Have not the citizens in Republics an equal right to be elected to office? No citizen has a right to be elected to office; but all have an equal right to the offices to which they are elected or appoint. ed, under the reftrictions and limitations provided by law. Is not a rapid rotation of office congenial to the nature of Republics? than enough will be trained up for fuch Will not a rapid rotation of office give It will; but the leaving out of office fuch only as misbehave or are lefs competent, will fufficiently do this; all beyond it, feems no better than an arbitrary exercife of power. (TO BE CONTINUED.) FOR THE BALANCE. O All the arguments were taken, and, we underftand, are to be publifhed. I cannot prefume to fay what the court will decide; undoubtedly, however, liberty and law will be the guides to their decifion. CATO. FOR THE BALANCE. WE underftand that the Bill, now before the Legiflature of this ftate, enacting that on trials for libel the truth may be given in evidence, meets with great oppofition from the democratic mem. bers. If this be fo, (and we had the information from a member of that defcription of politics) it furnishes one more trait peculiar to the character of that party. Their leaders are in power-they must be fhielded, not from calumny, but from truth. When the trial of Crofwell firft engaged the attention of the public, when Spencer and Spencer's Foot, for the first time it was pronounced in this county, poluted the ears of republicans with that odious maxim," the greater the truth the greater the libel," the honeft part of the democrats were aftonished, and the blind minions of the party reforted to this excufe-" If it is the common law," faid they, N Monday, the 13th inft. came on the argument upon the application for a new trial in the cafe of the people again Harry Crofwell. This caufe is undoubtedly fresh in the recollection of every friend to liberty. The application was made on faveral grounds, but the two most important were-ft, That Chief Juftice Lewis, ought, at the trial, to have permitted the truth to be given in evidence-and, 2nd, that he ought to have fubmitted the whole matter in iffue to the jury. Mr. Van Nefs opened the argument on Monday for Mr. Crofwell. Mr. Caines, of "our courts must declare it, howNew-York, followed him on the part of ever odious-bring it before the legifla the people. The Court then adjourned. ture-it is their province, and theirs alone, On Tuesday, Mr. Spencer fubmitted his to make laws." Well, my good Demoargument on the fame fide, and was repli- crats, it is now before the legiflature, and ed to by Mr. Harrifon. Mr. Harrison was there it is oppofed by the leaders of your followed by Gen. Hamilton, who fpoke own party. What fay you now? Are until night; when, being much exhaust- your Legiflators real Republicans, or have ed, the Court adjourned until morning.you been deluded? Ponder well on this. 3 It is with ferious concern we obferve the Conftitution of the United States attacked directly or indirectly by the Democrats, in every part of the Union. It has been boldly intimated at the Southward, that no relaxation ought now to be admitted, until every federative trait of that compact be destroyed and the popular principle alone preferved. We refer to thofe traits which give States a comparative influence as States, different from that arifing from popular representations. Among us, revolutionary fuggeftions are not fo pointed; few dare avow their propensity to the work of deftruction; but our ingenious democrats pretend to doubt the existence of the principle which it is their intention to deftroy. That the will of the States may be different from the will of all the people compofing the States can appear paradoxical, only to fuch as never read the Conftitution or reflected on its provifions. It was to establish this very pofition that the federal Senate was so organized as to reprefent the State, while the House represent the People. Let us imagine a question, in which the Senators from the large and fmall States are on oppofite fides, and that both parties act the will of the people to the respective States to which they belong. Admit a mere majority on the fide of the fmall States; this would be competent to effect many measures of adminiftration, when were the queftion to be decided by the people, the population of the large States would throw the preponderance in the other scale. . This, it is true, is hot democracy, and we have ever afferted that the Government of the United States is not a democracy. We freely affert that "We the People of the United States" have not, in every poffible instance, a right to have our national government administered according to fov. reign will and pleafure; for were a majority of the people to govern in all cafes, the independence of the fmall States would be facrificed at once. South Carolina imports negroes, Pennfylvania and the other middle States, Irifhmen, while the poor abandoned States of New England, with fcarce any weight of fuffrage but what arifes from natural population, have nothing to expect from the operation of the popular principle but unqualified fubmiffion. Those who advocate that the will of the States as concerned in the adminiftration of government cannot but coincide with the will of the whole people compofing those State, seem entirely to have forgotten circumftances, taught even to children in the fchools-that a fmall ftate is as influential in the federal Senate as a large one -that every ftate fends two fenators, and the largest, no more; that the fixty four thousand inhabitants of Delaware are, there, as powerful as the eight hundred thousand of Virginia. Bearing these falutary provifions in mind, let us regard that infurgent fpirit with horror, which teaches a doctrine hoftile to the fpirit of the Constitution,would facrifice the liberties of the minor States, and thus diffolve the bond of our happy union. FROM THE EVENING POST. THE REIGN OF TERROR INDEED. The friends of liberty and equality have come out in the Citizen of this morning with a paragraph that perhaps will command the attention of the public. Having obferved that Governor Clinton's declarations refpecting Mr. Jefferfon at Mr. Burr's house muft, if made at all, have been made in confidence, and that the expofing them now to the public, is an act of bafenefs, he thus concludes on the occasion, they certainly left the court perfectly satisfied and convinced, that our firm and independent judiciary at length opposes an insurmount able barrier against the encroachments of jacobinism. For our part, we now, more than ever before, feel persuaded of the importance, of the absolute necessity, of maintaining the independence and dignity of our high judicial institutions. When Mr. Freer was first arraigned to shew cause why an attachment should not issue against him for contempt, we freely expressed our feelings on the subject.We felt confident that Mr. Freer could not, intentionally, so far depart from the character of a federalist, as to infringe the rights and privileges of our courts. We now find that we were not mistaken: For, though an attachment did issue against Mr. Freer, (in consequence, it appears, of his not having appeared personally to shew cause) yet the court being fully satisfied that he had no mischievous intent, discharged him, on his paying the trifling fine of ten dollars! While we cordially approve of the lenity, the candor, the uprightness of the court, in its treat ment of this affair; we cannot restrain the expression of our regret, that a printer, as honest and independent as our country affords, should by the persecuting spirit of an "infuriated" Attorney-General, be subjected to the expence, vexation and trouble of attending courts, term after term, on a pretext, which the Judges, by their sentence, have pronounced frivolous. Mitchell appears to be sorely nettled at some remarks which I ately made on his New-Year's Address. He flutters as much as if he was really wounded; and if he is not extremely cautious, he will lead his readers to suspect that he has a much better opinion of his poetry, than any body else can possibly have. A writer who cannot be quite cer tain that his poetry is quite perfect, should bear censure with a good grace, and not fly in a passion because some of his imperfections are pointed out. "To err is human," Mr. Mitchell; and I certainly can see no reason why you should not be as liable to err (particularly in writing verses) as other people. At any rate, you will run the risque of completely shutting up every door to improvement, by imbib Any man who after this fhall confide "in the wretch who has publifhed or au"thorized the publication of this anecdote, "will deferve to be tabbed to the heart by "the poignard of an affaffin in the unfuf-ing the notion that you are already perfect.— Alpecting moments of fleep." 66 My God! what can this writer mean? -Is fuch language already to be tolerated in this country ?-What a fhocking picture is here prefented ?-My blood freezes as my hand traces these lines-I can add no more Editor's Closet. The editor, the principal part of last week, exchanged his closet for the court. He met his friend Freer in Albany; and, pursuant to an old promise, chatted a little on the common law, &c. &c. With whatever sentiments they might have gone to Albany; whatever might have been their hopes or fears though I confess I cannot discover any degree of wit or ingenuity in your sage criticism on the Bal. ance Address-though I consider it as a mere malicious retort-still, reflecting that every writer who exposes his productions to the public view, subjects himself to the scrutiny as well of the weak and wicked, as the wise and good, I pass it without an imadversion. To Readers & Correspondents. Communications on hand, particularly one from a double-faced correspondent, shall be attended to. The absence of the editor has prevented the continuation of the Review of New-Year's Addresses. It will be resumed next week. Agricultural. VALUABLE PUBLICATION. ME ESSR ESSRS. WHITING, BACKUS & WHITING, have juft republifhed, "A Treatife on the culture and management of Fruit Trees; in which a new method of pruning and training is fully defcribed. Together with obfervations on the difeafes, defects and injuries, in all kinds of fruit. and foreft trees; as alfo, an account of a particular method of cure, made public by order of the British government. By William Forfyth, F. A. S. and F. S. A. Gardner to his Majefty at Kensington and St. James'. To which are added, an introduction and notes, adapting the rules of the Treatife to the climates and feasons of the United States of America. By William Cobbett." In this treatife, the different forts of fruits and trees are accurately defcribed the beft method of planting, pruning and training pointed outthe mode of restoring old and decayed trees, minutely defcribed. Obfervations and directions on gratting and budding, with particular defcriptions of tools and inftruments made ufe of for that and other purpofes-methods of preferving and packing all kinds of fruit-difeafes def cribed, with their feveral cures-obfervations on infects, with modes of preferving fruit from their ravages, &c. &c.-The whole illuftrated with thirteen copper. plate engravings. The work is earnestly recommended to the attention of the American public, particularly the Farmers. The above book may be had at the Balance Printing Office, price once dollar and 75 cents. Sonitorial Department. To aid the cause of virtue and religion. FROM THE BALTIMORE GAZETTE. AN AWFUL WARNING 10 DRUNKARDS. AMONG the numerous misfortunes arifing from immoderate drinking, the following is a melancholy inftance: On Tuesday laft, about 4 o'clock in the evening, a young man, 22 years of age, (eight "In lore of nations skilled-renowned in arms, lyre; "Immortal WASHINGTON with pride shall own, "So brave a hero, and so great a son." miles from Baltimore and near the Hartford fome of his hair remained frozen to the than that of AN ACTUAL SPECTATOR. P. S. Since writing the above, I have attended at the dreffing of this poor man; when the fkin came off both hands, and all the nails of the right, except the thumb; his ancles, feet and nails, entirely black; after which, they affumed the appearance of the crimfon garden-beat when boiled. and peeled-DREADFUL WAS THE SIGHT! Literary Motice. HUMPHREY'S WORKS. IT must be pleafing to the lovers of literature, as well as of their country, to fee announced an elegant edition of the mif. cellaneous works of Col. HUMPHREY'S. There is no work of which we can boaft, that is written with a more ardent and en. lightened zeal for the welfare and glory of our nation, Every line, fentence and word, from beginning to end has this eftimable and patriotic tendency. It has been juftly faid of him by a cotemporary, who knew and was juft to his merits, The pieces, (many of which have never before been publifhed) will be given to the public, beautifully printed in an octavo volume, from the elegant prefs of Meffrs. James and Thomas Swords, of New-York, and delivered to fubfcribers in New-England, by Meffrs. Gilbert and Dean, to whom the profits of the work have been gratuitoufly conceded by its VERY valuable mineral fprings have lately been difcovered in the vicinity of this place which, from the extraordinary cures they have effected during the lat fummer, are beginning to excite very gen. eral attention. They are three in number, all iffuing out of Dunning's mountain, a. bout one mile and a quarter fouth of this town; and they are now known by the names of the Yellow Spring, the Sulpher Spring, and the Mofs Spring. The first or Yellow Spring, (fo called from the yellow tinge it gives to the fub. ftances it paffes over,) is confidered the moft valuable and falutary, and is the only one which has yet been used for medical purposes. It is a bold beautiful ftream, burting from the fide of the mountain, about three or four perches from Shover's Run beneath, and about fifteen feet above the level of the run. It is excedingly limpid, of a mild temperature, (though not quite fo warm as the Berkley waters in Virginia,) and much lighter than common water. It has a peculiar tafte, not unlike an infufion of tartar,-to lome not agree. able, but generally esteemed by those who have drank of it, by no means unpleafant. From the observation of some men of fcience, and from a few experiments lately made on the water, it is fuppofed to be more highly impregnated with foreign principles, and with a greater variety of them than any fpring yet difcovered in this country. Of the four claffes of mineral waters generally known, it unites the quality of at leaft three of them, viz. The Saline the Sulphurous and the Martial-but of the fulphur it is only lightly tin&tured. Shover's Run, and may be appropriated The oppofite bank affords convenient MARKETS FOR THE FAIR CIRCASSIANS. The following account of the sale of the fair Cir- The waters may be drunk in large quantities, with great eafe and fafety; and its ufual effects on people in health are an immediate and powerful diuretic a gentle cathartic, and a confiderable increafe of perfpiration. Only a few difeafed perfons have as yet made ufe of the water; but in every inftance where ufed, they have been falutary, and in fome, they have effected perfect and rapid cures. In one cafe particularly, a violent and alarming gravel, in a few weeks was totally removed; another perfon, affe&ted with a fevere CAFFA, or as it is now called by its oand excruciating rheumatic affection, to- riginal name, Theodocia, is the great margether with a general debility, was entire-ket for Circaffian flaves, who have been ly releived; and many others variously af flicted, have been much benefited by only ufing the water occafionally at their own houfes, fome miles diftant from the fountain. The fulphur fpring rifes in the bottom of Shover's Run, about 150 yards below the yellow fpring, and is verv ftrongly im pregnated; but befides fulphur, there is fome other quality mixed with it, which at certain times, gives it a beautiful red color; when in a glafs, it appears as if currant-juice, had been plentifully poured into it: At other times it is only blue, the natural color of water highly charged with fulphur. The mofs fpring difcharges itfelf immediately into the run about 100 yards above the yellow fpring, and is a fingular curiofity. A large rock, about 8 feet in diameter," projects over the run; to the under part of the rock is attatched a beautiful thick green mofs, from which, throughout the whole breadth of the rock, there falls a continual and rapid fhower of pure limpid water, diftilled from the rock. When this chriftal fhower is viewed in the funshine, nothing can be more brilliant. Whether this water has any medical properties, is not yet known; but it is peculiarly fweet and pleafant, and may be made a very convenient fhower bath. Befides thefe three, there is another fpring remarkably cold, iffuing out of the fame bank, a few perches above the Sulphur Spring. It is a fine bold ftream, rufhing out of a cave, in the margin of deftined for ages to be brought to the market of Caffa, like any other kind of merchandize; and what is moft remarkaole in this revolting bufinefs is, that thefe beauties, fo famous in eaftern flory are brought in vaft numbers every year by their own parents, and fold at from 2 to 4000 Turkish piaftres (about 4s fterling) in proportion to their charms. " "As I am fure that a mistress market must be a curious fubject to the polifhed nations of Europe, I fhall give a fpecimen of the manner in which it is carried on, in the very words of Mr. Keelman, a German merchant. "The fair Circaffians, favs Mr. Keelman, of whom three were offered me for fale in 1768, were brought from their own chamber into mine, (as we all lodged in the fame inn) one alter another, by the Armenian merchant who had to dispose of them. The first was very well dreffed, and had her face covered in the Oriental ftyle. She kiffed my hand by order of the mafter, and then walked backward and forward in the room to fhew me her fine fhape, her pretty fmall foot, and her elegant carriage. She then lifted her veil, and abfolutely furprised me by her extreme beauty. Her hair was fair, with fine large blue eyes; her nofe a little aquiline, with pouting red lips. Her features were regupouting red lips. Her features were regular, her complexion fair and delicate, and her cheeks covered with a fine natural vermillion, of which fhe took care to convince me by rubbing them hard with a cloth. Her neck I thought a little too long; but, to make amends, the fineft bo fom and teeth in the world fet off the other charms of this beautiful flave, for whom the Armenian asked 4000 Turkish piaftres, but permitted me to feel her pulle to convince me that he was in perfe&t health; after which he was ordered away, when the merchant affured me that she was a pure virgin of eighteen years of age. "I was more furprifed, probably, than I ought to have been (as common ufage renders every thing familiar) at the perfect indifference with which the inhabitants of Caffa behold this traffic in beauty, that had fhocked me fo much, and at their affuring me when I feemed affected at the practice, that it was the only method which parents had of bettering the state of their handfone daughters, defined at all events to the haram; for that the rich Afiatic Gentleman, who pays 4000 piaftres for a beautiful miftrefs, treats and prizes her as an earthly houri, in perfect conviction that his fuccefs with the houries of paradife entirely depends on his behaviour to the fifterhood on earth, who will bear teftimony against him in cafe of ill treatment: in fhort that, by being difpofed of to rich Muffulmen, they were fure to live in affluence and ease the rest of their days, and in a ftate by no means degrading in Mahometan countries, where their prophet has permitted the feraglia but that on the contrary, if they fall into hands of their own feudal lords, the barbarous inhabitants of their own native mountains, which it is very difficult for beauty to elcape their lot was comparatively wretched, as thofe rude chieftains. have very little refpect or generofity towards the fair lex." FROM A LONDON PAPER. KING OF IMERITIA. THE cuftoms of the king of Imeritia, a country of Afia, are thus related by a gentlemen in the Eaft India Company's civil fervice at Surat : "Among the extraordinary fources of revenue, confifcations have a confiderable fhare; but as all this is infufficient for the fubfiftence of the Prince, he usually travels from house to houfe, living on his, vaffals, and never changes his quarters till he has confumed every thiug eatable. It will of courfe be understood that the court of Imeritia is not remarkable for great fplendor, nor the prince's table very fumptuously ferved. His ufual tare confifts of Gom (a fpecies of millet ground and boiled into pafte) a piece of roafted meat, and fome preffed caviar. Thefe he eats with his fingers, forks and spoons being unknown in Imeritia. At table he is frequently enployed in judging caufes, which he decides at his difcretion, there being no law |