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My impreffions are, fir, that this amendment cannot conftitutionally be pro. pofed to the flate legislatures, unless it is agreed to, in the two houfes, by thofe numbers, twenty-three, and ninety-one,

r the fake of dishonestly obtaining a rel-
ration of them. We may charitably and
fely conclude that the majority do not
tend, by this part of the amendment, to
pole the country to fuch a fcene of ini-
ity. And the uncertainty of its opera-refpectively. This is a conftitutional
ons, alone, is, in my mind, a fufficient
ound for rejection. However the ope-
tion of this part of the amendment may
pear in theory, as to other points, it
ems to me, that in one point all must a-
ee, and that is, when the house of repre-
entatives know that the United States will
e left without an executive magistrate, in
ale they do not agree; this awful refpon-
bility, will fpeak in a vioce too loud for
he hardihood of party entirely to difre.
card. And may I not fuggeft, withour
iving offence, that the operation of this
ery refponfibility, has been proved, at
caft in fome degree, in the proceedings of
he laft Prefidential election?

contend is ana left in cthu

It was well know amendments, if by congrefs, wo fluence with the in no pollible vil arife from in the cafe of ame: poffibility of cle

T

point, which, I am told, has never been
agitated. But it is certainly worthy of at-
tention. If the conflruction, fhould pre-
vail, that two-thirds of the members pref-
ent, at any time, might propofe amend-rations and effec
meats, the confequence is, that twelve
tional fyftem.
Senators, being two-thirds of a quorum, therefore to
and forty-eight reprefentatives, being a movement of t
fimilar two-thirds, might propose any,
and federative
and the most important amendments. 1 tion. Whateve
am aware, fir, that it may be faid, fuch the point now d
propofitions are not final, they may yet be tures have a con
ratified or rejected by the flate legiflatures. it for themielves
But the Ipirit of the conflitution feems to er a propofition
require two-thirds of the nation acting by fented to them,
its proper organs, to propofe amend- and if, in thei
ments; and that, in fo interefting a fub- numbers have
jet as a conflitutional alteration, a lefs tion, they will
number thould have no authority.
refufing to rati
honorable frien

If this laft mentioned fecurity be worth
referving, it follows of courfe, that the
part of the amendment alluded to, ought
not to pals.
The letter of the conftitution will cer
There is another view of the conftitu-tainly justify this idea of its fpirit. When
ion, which has a reference to the general two-thirds of the Senate are requifite to
Cubject before us; and that is, the caution confent and advife to a treaty, the words
Exhibited with refpect to the introduction are "two thirds of the Senators prefent.
of amendments. In an inftrument fo im- To convict on impeachment, "two-thirds
portant, and containing many features of the members prefent." Yeas and nays
new, if not to the world, at least to our- are to be entered on the journal, " at the
elves, although we might approve of its defire of one-fifth of thofe prefent." In
principles; yet experience might difcover the two firft cafes it is requifite to act im-
errors as to the mode deviled for carrying mediately, whether two-thirds of the
thofe principles into effect. Hence, it whole are prefent or not; then we fee the
was the part of wisdom and caution to pro. expreffions are clear," two-thirds," refers
vide for fuch alterations in practice, as to the numbers prefent. Why fo? Be-
would give the faireft operation to princi- caule without thefe expreffions, the refer-
ples, without incurring the contufion and ence would have been underflood to the
gitation incidental to a general convention. whole number of members. In the laft cafe
But left the daring and reftive fpirit of in-
novation fhould injure or deftroy, under
he fpecious name of amendmeut, that
fame wifdom and caution have provided
Talutary checks.

why add the word "prefent" to the one fifth? Because, without that word, onefifth of the whole would have been its meaning. In all other cafes, when twothirds are required, the fpirit of the con"Two thirds of both houses of Con- ftitution certainly is, and the words feem grefs fhall deem it neceffary" to propofe to carry the meaning, "two-thirds" of amendmeats; and three fourths of the the whole numbers. It is faid, "that a maftate legislatures fhall ratily fuch amend-jority of each houfe fhall constitute a quoments; before they acquire validity. I fpeak now, fir, of the mode which has always been, and probably will he put in practice to obtain amendments. The other conflitutional mode is equally guarded as to numbers, but, as it has no relation to the fubje& now in debate, may be laid afide. "Two thirds of both houfes," muft, I think, on every fair principle of conftruction, mean two-thirds of all the members. The number of Senators is thirty-four; two-thirds being twenty-three. And as there is no reprefentation. from New-Jerfey, the number of reprefenta

thinese Ge

(Mr. Plumer) } tice to this part it out of the read yond the need o I am convind amendment nov not, in the Sena majority, of tw majority, were inftructions. S geniou fly faid, t mendment the ation, they had tent of its prob they entertained duced by the i make the propo and let them dec

Whatever ma of inftructions plicable to this obtaining amen congrels can on giflatures ratify priate and difti Independent a&t legiflatures cann made. This ful enforced by fam of reprefentativ bill for railing come a law wit Senate. Woul ftruction of the

to do bufinefs." Houfe, mult in this cafe mean all the members. Twothirds of both houses muft, on the fame principles, men two-thirds of all the members of both. There is, I acknow}edge, fome obfcurity, in the conflitutional ufe of the word houfe, when either of the two branches of congrefs is defcribed by it; but if the intention, and fenfe as well as words are attended to, I am forcibly ledtimating our de to a belief that two-thirds of all the members of both houfes, are required to fanction propofitions for amendments, and that this conftruction is most confiftent with

inate and fend t venue, be tho and even uncon and the Senate

but there h

Prefident can nominate, but cannot appoint without the advice and confent of the Senate ?

ing feature to that on your table, and made no provifion that the perfon to be VicePrefident, fhould be qualified for the highly refponfible office, either in age, or citizenship. And for aught that they had guarded against, we might have had a man in the chie! magiftracy, from Morocco, a foreigner, who had not been in the country a month.

[TO BE CONCLUDED.]

Be it our weekly task,

To note the passing tidings of the times.

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Hudson, January 31, 1804.

FROM NATCHEZ, Dec. 31.

United States, on the 31ft day of October, in the prefent year, did enact, that until the expiration of the feffion of Congress then fiting, (unless provisions for the temporary government of the faid territories be fooner made by Congrefs) all the military, civil and judicial powers exercised by the then exifting government of the fame, fhall be vefted in fuch perfon or perfons, and be exercifed in fuch manner as the Prefident of the United States fhall dire&, for the maintaining and protecting the inhabitants of Louisiana in the free enjoyment of their liberty, property and religion; and the Prefident of the United States, has by his commiffion bearing date the fame 31ft day of October, invested me with all the powers, and charged me with the feveral duties heretofore held and exercised by the Governor General and Intendant of the province.

I have therefore thought fit to iffue this my Proclamation, making known the premifes, and to declare, that the govern ment heretofore exercifed over the province of Louisiana, as well under the au

The following letter was received by the thority of Spain as of the French republic,

last mail.

NEW-ORLEANS, DEC. 20.

But the Senate cannot nominate, nor could their advice to the President, to make a nomination, be either binding or proper. The character of the feveral independent branches of our government, forming conftitntional checks upon each other, cannot be exemplified more fully, than in the mode of producing amendments. And an interference of one independent body, upon the appropriate and diftin&t duties of another, can in no inftance have a more prejudicial effect. Can it be thought then, either proper, or conftitutional for the ftate legislatures to alfume the power of inftruding congress to propofe to them a measure, when the power of propofing is not only not given to them, but given exclufively to congrefs? As well and with as much propriety might congress make a law, attempting to bind the ftate legiflatures to ratify; as the legiflatures, by inftructions, bind congrefs to propofe. In either cafe the check, which for obviously wife purposes, was introduced into the conflitution, is totally deftroyed. And we have not as much fecurity against improper amendments, as we should have, if the power were exclufively vefted in the ftate legiflatures, and for this obvious reason, that in this mode of operation the refponfibility, for the adoption of an improper amendment, is divided and deftroyed. Is the sentiment correct, fir, that we fhall be justifiable in fending forth this propofition to be confidered by the flate legiflatures. if we believe it ought not to be ratified? What would be thought of the Senate, if they fhould pafs a bill, and fend it to the houfe of repre- Secretary Miffiffippi Territory. fentatives for concurrence, the provisions of which they diflike entirely, and wished not to be established ? And can any found diftinction be made between fuch a meafure, and the one now before us? In either cafe, the single at of the other body would be final; and in either cafe the people at large would be fater to have but one body in existence, to legiate, or make a mendments; for all our agency in both cafes would only tend to deceive and mif. lead, and in addition, to diminish, if not deftroy, as has just been obferved, the ref. ponsibility of the other body.

SIR,

I HAVE the pleasure to inform you, that on this day the city of New-Orleans and its dependencies were amicable furrendered to the United States; and on this occafion I pray you to receive my fincere congratulations,

Accept affurances of great refpect, from your obedient fervant, WM. C. C. CLAIBORNE. Hon. CATO WEST,

BY HIS EXCELLENCY WILLIAM C. C. CLAIBORNE, Governor of the Miffiffippi Territory, exercifing the powers of Governor General and Intendant of the Province of Louifiana.

WHEREAS, by ftipulation between the governments of France and Spain, the latter ceded to the former the colony and province of Louisiana, with the fame extent it had at the date of the abovementioned treaty in the hands of Spain, and that it had when France poffeffed it, and such as it ought to be after the treaties fubfequently entered into between Spain and other fates; and whereas, the government of

France has ceded the fame to the United

It has been faid, fir, that the houfe of reprefentatives have twice given a fan&tion, to this measure, and that their conduct, in this particular, adds weight to it. I wish to treat that honorable body with the higheft refpect; but I muft deviate from the States by treaty duly ratified, and bearing truth, were I to acknowledge that their date the 30th day of April, in the prefent conduct upon this amendment, has a ten-year, and the poffeffion of faid colony and dency to convince me that they have a full province is now in the United States, acunderstanding of the fubject. Twice have cording to the tenor of the last mentioned they fent us a refolution, fimilar in its lead-treaty; and whereas, the Congress of the

has ceased, and that of the United States of America is established over the fame; that the inhaditants thereof will be incorporated in the union of the United States, and admitted as foon as poffible according to the principles of the federal conftitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States; that in the mean time they fhall be maintained and protected in the free enjoyment of their liberty, property, and the religion they profefs; that all laws and municipal regulations which were in exift ence at the time of the ceffation of thelate government remain in full force, and all civil officers charged with their execution, except thofe whofe powers have been fpecially invefled in me, and except allo fuch officers as have been entrusted with the collection of the revenue, are continued in their functions, during the pleasure of the governor for the time being, or until provifion fhall otherwife be made.

And I do hereby exhort and enjoin all the inhabitants and other perfons within the faid province, to be faithful and true in their allegiance to the United States, and obedient to the laws and authorities of the fame, under full aflurance that their juft rights will be under the guardianfhip of the United States, and will be maintained from

all force or violence from without or

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tract from the orders of General Wilk- || infon, given at the Camp of the American Troops, on the left bank of the Miffiffippi, near the city of New-OrJeans, December 17, 1803.

PAROLE COLUMBIA.

THE operation before us, however mple or fate, will require much felf deal and restraint, to preserve that regular, and order, which we owe to our repution, to the rights and fenfibilities of ose whom we are to cherish, and to the aracter of our country; the General, erefore, claims most earnestly the co-opation of the gentlemen of his command, the maintenance of an uniform fyftem rigorous fuoordination and difcipline, ithout which, the confidence of governernent may be abused, the beneficent views the United States defeated, and the nor of the whole corps indeliably fullied. In the course of political events we beold a polished people, (ftrangers to our anners, our laws and our language,) caft to our arms, Be it our pride and our Hory, to receive them into the great famy of our happy country, with cordial mbraces, and by the generous hofpitality nd folid fympathy which are every where ue to the stranger, let us difpel the appreenfions of the timid, banish the fufpiions of the credulous, and confirm the onfidence of all, in the clemency, the wifdom, and the justice of the American Republic.

The general will applaud the meritorius foldier, who receives the Louifianian s his brother; and he flatters himself the Entiment will be univerfal, but should he e difappointed, he will expel from the orps and mark with infamy the wretch, ho may refift the impulfions of the richft and most magnanimous emotions and ffections of the human heart.

The perfons and the property of the inabitants of every rank and every species, Te to be held in facred refpe&t-and whover may dare to injure the one, or violate he other, will be brought to speedy and condign punishment.

The articles of war are to be read to the roops at morning parade to-morrow.

and every inducement held out to them to enter the service:

It was reported that the French government had ordered feveral thousand red u. niforms to be fent to the troops destined for the invasion of England, to occafion confufion if a landing fhould be effected.

It was reported in London on the 14th Nov. that the Breft fleet had put to fea; but the report proved erroneous.

DEAL, NOV. 14.

Extract of a letter.--Another and immediate bombardment of fuch of the enemy's ports as have any gun-boats collected in them, or in a state of preparation, is now determined on.-Boulogne is faid to be the principal object of attack. The Leopard, of 50 guns, captain Morris, who is appointed commodore of the first fquadron, to be employed, is just now in fight, with the Ambufcade frigate, and making for the Downs. I have talked with an officer belonging to the Leopard, who waites her arrival here, and he has told me

that Capt. Morris, previous to the failing of his fhip from the Nore, fummoned all hands on deck, and in the most impreffive and animating terms described to them the importance and difficulties of the expedition in which they were about to be employed; he concluded with expreffing his reliance on their fleadiness and valour.This reliance the crew juftified by a prompt and unanimous acclamation of their readiness to meet every poffible dan. ger in a caufe fo glorious. It is underflood that this attack will be far more ferious than any that have preceded it. appears that in the former bombardments our fhips have fired at too great a distance from the French coaft materially to injure their harbour, shipping, or towns. In order, therefore, to do more execution in this inftance, our cruizers are to stand clofer in fhore, which of courle will expofe them to the annoyance of the enemy's batteries-a circumftance which must give confiderable anxiety to every Briton who feels folicitous for the prefervation of the lives of his countrymen, but no one who justly appreciates their gallantry can feel a

Certified to be conformable to the original. ny fear as to the ultimate iffue of the conoriginal.eft. The object is certainly of fuch importance as to be worthy of great risks, if not of great facrifices.

By order of the General,

D. WADSWORTH.
Aid de Camp pro. tem.

FOREIGN.

By an arrival at Norfolk, English papers to the 15th November, have been received. Thefe furnish but little intelligence of importance. Every thing material is contained in the following sketches: Ordere

Thirty-three transports came into the Downs yesterday, and their destination is for Portsmouth, there, as they understand, to take in troops for Portugal. More tranfports are hourly expected.

There was a report of an alarm at DoAll the yeomanry and ver, laft night. regulars were under arms in confequence of fome French floops being perceived

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je wreath.

R'S ADDRESSES REVIEWED.

nnecticut Courant.

CONCLUDED.

Eng of the following passage will the close of it, will animate the rst will shew the folly, and the last irginian policy. Speaking of the

s kind, and fostering hand, gs overwhelm the land. aid with so much vigour, out a quarter bigger; h were so high before, up a quarter more;

O are done away,

smouth has nought to pay; ree from duty passes, eople drink molasses. Federalist shali dare, Gallatin compare? tongue, our language mends, nce at finger's ends; sformer Whiskey neighbours, harvest of his labours, g.cheap the enlivening rill, luscious from the still; atriot merchants pay, Treasury from decay. e Virginian plan, qual rights of manerce should the burthens bear, 's mouth be free as air"— es commerce spread her sails, the storms, or court the gales ? ia's sullen shore,

a barque, or strikes an oar,

man mounts the mast,
at the approaching blast.
d turn the aching eye-

cenes before us lie ?

rce spreads unnumber'd sails, the storms, and courts the gales,

Ed Ocean's bosom ride,

Hows in with every tide.

that firm resistless power, unmov'd the threatening hour, hich no fears controul, chwarms the freeborn soul.

satellites that revolve round the predescribed :

the Genevese alone,

o surround the throne.

Can his goose qui!! draw, well as law;

Except when call'd upon to spell ;
And when depriv'd of every shift
Paine takes a sling, and gives a lift.
For tho', when sober, Tom is dull,
Stupid, and filthy as a gull,
Yet give him brandy, and the elf,
Will talk all night about himself;
And whilst his patron stands amaz'd,
Waiting to hear himself beprais'd,
The drunken sot does nought but cry,
And sing, and write, of Mr. I.
Such skill have Granger's projects shew'd,
O'er those which Habersham pursued,
So nicely does his compass traverse,
If shifting men for "faithful service,"
That ere two years have run their race,
By travelling nights, as well as days,
The Income's risen thro' Hobbles dirty,
"From Eighty Thousand, down to Thirty.

"Our philosophic chief" is thus complimented on his Louisiana land-speculation :

But let us trace this mighty mind, Form'd to amaze, and bless mankindSee him commence Land-Speculator, And buy up half the realm of nature, Towns, cities, Indians, Spaniards, ' prairies,' Salt-petre vats, and buffaloe dairies, Harvests all ripen'd for the sickle, And salt enough the world to pickleSalt, which in rain and shine has stood, From Adam's fall thro' Noah's flood, And yet enough remains behind, To cure the pork of all mankind. Here too we find a soil so deep, Wool grows on stumps as well as sheep; Ard shrubs and trees, if e'er they grew, Have lost their foothold, and slump'd thro'; And men dare not, so soft's the road, Without their snow-shoes walk abroad. At random here the Mammoth browses, As large as common meeting-houses, Snakes reach the size of saw-mill logs, And rats and mice as large as dogs, Musquetces weigh as much as crows, And man to such a giant grows, So long, so wide, that at a meal, He'll eat a loin of Mammoth veal.

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of the

Proud of the spot on which t Attach'd by habit, and by bi To freedom, government, and Are these the men whose voic Whose wishes, or whose will Far other powers these State A different sovereign holds th We wonld proceed, but in York, the truth cannot be give hasten to the concluding lines o

Where are New-England's How slow their ancient spirit Can they stand cold, and tan And see in dust their countr To independence they were b For Freedom oft they fought And shall the prize be basely Which so much blood and tre Forbid it shame-Then e'er t Ward off the dark impending That party which now holds Will ruin, or will rule the re Go backward, all their foots Mark every winding of their Their measures to one purpo All to one favourite object be Arm'd at all points they scou Our Union ties already yield, Our Constitution's strength i Its pride, its Justice overthro Lo, now, the servile Band en With party fire, and madden To force our freeborn souls to And bow beneath a despot's To fix their Man, thro' noise Our KING or PRESIDENT F In one vast vortex sink the fa And freedom of the Norther Place in Virginia's hands the And bind our Sovereignty in What palsy numbs the public What madness overspreads t To Gallia turn the searching See millions there in bondage In adamantine fetters bound, Oppress'd, and trodden to the See Switzerland in ruin sprea See Holland number'd with t Half Europe kiss the iron rod And tremble at a Russian's n Here let us pore on Freedom'

Here lead our own approachi

That doom from Anarchy wh

More dreadful than the worst And from example, learn to sa The birthright which our FA LAWS equal, mild, and just, FREEDOM from anarchy secu FIRESIDES where heavenly b And ALTARS Consecrate to

PUBLISHED E

HARRY CROS
Warren-Street, H

WHERE PRINTING IN GENE

WITH ELEGANCE AND

COLUMBIAN

AND

REPO

"HAIL SACRED POLITY, BY FREEDOM rear'd!

66 HAIL SACRED FREEDOM, WHEN BY LAW RESTRAIN'D !"

BEATTIE.

Driginal.

HUDSON, (NEW-YORK) TUESDAY, FEBRUARY 7, 1804.

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whose power was limited by the very
charter which gave it existence—and a ju-
diciary, armed with no efficient force, but
poffeffed of fufficient power to arrest the
licentious hand of innovation, and to curb
the ardour of executive ambition-thele
branches, independent in their respective ||
fpheres, but operating as mutual checks,
prefented to the eye of the ftatefman, a
complicated, tho' regular, machinery, cal-
culated to diffufe through our republic,
every bleffing which any government could
fecure. For many years, under the fu-
perintendance of Washington, and his
chofen compatriots, every beneficial ef
fect which enthufiafm itfelf could wifh,
flowed from this compact. All its parts
were preferved in all their purity; and the
mortification of thofe few who were its
foes, from its very birth, was extreme.

By a procefs, not now neceffary to be
detailed, but which the pages of Callen-
der's "Recorder" exhibit in its full de-
formity, the cuftody of the conftitution
was transferred from thofe who had ever
cherifhed it, and placed in the hands of
thofe who had early declared their refolu.
tion to break its "lilliputian ties"-fince
when, it has received precifely that treat-
ment which its friends predicted. Some
of its firmeft pillars, have been already
broken, and the angel of deftruction has
not yet fheathed his fword.

tempeftuous fea of liberty," until, wearied with turbulence and uproar, we should fly for fatety even to the calm regions of Monarchy. Under the old confederation, their predictions feemed to be faft falfilling. The friends of real liberty, the fathers of America, filled with grie! at the profpect of approaching ruin, and deeply impreffed with the importance, the absolute neceílity of an efficient government, by mutual conceflions projected a compact, as perfect as human wifdom could project. So moddled was this compact, fo judiciously framed with thofe checks and balances, which politicians have pronounced the fine qua non of Republican Conftitutions; and fo exactly was it adapted to the genius of the people, that reasonable men hoped, America would As a proof of this-look at the deadly form one exception to that long catalogue thruft, made two years fince at the very of republics, which the great spirit of li- vitals of the judiciary. Behold offices vacentiousness had fwept from the earth.-cated, by that good man, who defpifes An Executive, with power fufficient to power and patronage, and filled with execute, but too weak to rise above the his own creatures. Behold the treaty

ftitution itself | impeachment tempted in the

is to this laft to call the att it is my fincer less proftration recorded, ever Directory.

It was thus youngfter, rem pancy and im and, without mifcondu&t or made a motio

that an inquifi ed, to ranfac and report te

could discover fuftain an in members, and

indignant at puny ftripling bore a large f revolution, de to be refifted this prefidenti motion. The

fuch unexpec funk into his one Smilie, a nia, had, at th bad about Jue one of thofe f made themfel key infurre&tic young Rando

veteran arofe while he decla

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